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2023/07/17 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF July 17, 2023 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CoU���� . 1854 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of July 17, 2023 llcf Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings. Monday,July 17, 2023 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:00 A.M. Support Services—Mark Neary 10:15 A.M. Public Health—Dave Windom 10:30 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioner Discussion—as needed Commission meetings are live streamed at hlW://www.masonwebtv.com/and public commented is accepted via email msmith@masoncountywa.gov;mail to Commissioners Office,411 N 5'Street, Shelton, WA 98584;or phone at(360)427-9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners' office no later than 4 p.m.the Friday before the meeting. If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 07/12/23 at 3:59 PM �r�ON CO& Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator July 17, 2023 Specific Items for Review Gatekeeper contract for Phillips Lake Park—John Taylor Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff MOU—Mary Ransier June financial report—Jennifer Beierle Administrator Updates Commissioner Discussion C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks&Trails Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 17,2023 Agenda Date: August 1,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Coordination for Security at Phillips Lake Background/Executive Summary: Reports have been made by the residence of the Phillips Lake community about after dark parties occurring in the Mason County Park. In the past a contract existed between a resident of Phillips Lake and Mason County in which the person would secure the gate every night and open the gate every morning in conjunction with the operating hours of Phillips Park. The contract is no longer executed. Budget Impact(amount, funding source,budget amendment): For services rendered: Month cost of$100.00 per month, annual costs of$1,200.00,which is not in the current Mason County Parks and Trails budget. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Request the approval of the contract and the allocation of the $100.00 per month, $1,200.00 per year. Attachments Email from the Phillips Lake Community Association Board Member Contract From: Ron Rosi To: John Taylor Cc: edwin2856Ca)yahoo.com; Connie Carroll Subject: Phillips Lake Boat Launch Date: Thursday,June 29,2023 1:49:16 PM 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. Hello John: The person who is willing to open and close the gate at the Phillips Lake boat launch is Jean Ennis. She lives across the street from the park. Thank you for submitting the budget request of$1,200 per year for completing this task. Please let me now if you have any questions. Thank youl Ron Rosi Phillips Lake Community Association Board Member (253) 330-6290 AGREEMENT FOR PHILLIPS LAKE COUNTY PARK ATTENDANT THIS AGREEMENT made and entered into this 1st day of August, 2023, by and between the Board of County Commissioners of Mason County,hereinafter referred to as the"COUNTY"and Jean Ennis,hereinafter referred to as"CONTRACTEE", WITNESSETH: WHEREAS,the parties wish to enter into an agreement providing for park security control and general cleanup of Phillips Lake County Park;and, WHEREAS, it is understood and agreed by both COUNTY and CONTRACTEE that CONTRACTEE is an independent contractor and not an employee of COUNTY and shall receive none of the benefits available to other Mason County Employees including, but not limited to: vacation time, sick leave, personal holiday,medical insurance,dental insurance,vision insurance,etc. It is further agreed by the COUNTY to carry industrial insurance coverage on the CONTRACTEE. WHEREAS,the CONTRACTEE shall have full authority in the performance of tasks generally required. NOW THEREFORE, IT IS HEREBYAGREED by the parties as follows: 1. The effective date of this agreement shall be August 1,2023. 2. The CONTRACTEE shall perform the following duties: a. Lock and unlock the Phillips Lake County Park gate daily commencing August 1, 2023 and continuing through August 1,2024. Park gates will be opened by 8:00 a.m.and shall be closed at dusk. b. Perform a visual inspection of the restrooms and shelter daily and complete the following tasks as required: i. Pickup litter. ii. Check all wall and ceiling surfaces for evidence of graffiti and/or vandalism. c. Park shelter renovations:N/A. d. Respond to all accidents,acts of vandalism,or other incidents upon observation or notification, and report same to the Mason County Parks Department and/or the Mason County Sheriffs Office immediately. Contact persons are: i. Carl"Bud"Olsen Work: (360)427-9670 ext. 725 Cell: (360)490-0669 ii. John Taylor Work: (360)427-9670 ext. 806 Cell: (360)463-9448 iii. Mason County Sheriff Office: (360)427-7761 iv. Emergency 911 e. In cases of personal emergency or conflicting obligation, the CONTRACTEE is responsible for the continued completion of the duties specified in Paragraph 2A through 2F. If the AGREEMENT FOR PHILLIPS LAKE COUNTY PARK ATTENDANT CONTRACTEE is unable to resolve the problem, the Mason County Parks Department must be notified. 3. In consideration of the foregoing duties on the part of the CONTRACTEE, the COUNTY agrees to compensate the CONTRACTEE in the sum of One Hundred Dollars($100.00)per month for services performed by the CONTRACTEE. This is the extent of the CONTRACTEE'S compensation and the CONTRACTEE is not entitled to benefits. 4. In the event of breach by the CONTRACTEE of any provision or term of this Agreement,the COUNTY shall notify the CONTRACTEE in writing,and in the event such breach shall not have been cured within thirty(30)days of mailing such notice,the COUNTY may elect to declare this Agreement void and all sums waived by the CONTRACTEE. 5. This Agreement shall expire August 1, 2024 unless sooner terminated by either party by giving thirty (30)days written notice by certified mail of the intent to terminate this Agreement. 6. This Agreement may be terminated without any required notice if mutually agreed upon by both parties. EXECUTED the date and year hereinabove mentioned at Mason County,Washington. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS Jean Ennis Sharon Trask,Chair ATTEST: Randy Neatherlin,Vice-Chair McKenzie Smith,Clerk of the Board Kevin Shutty,Commissioner APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecutor C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Human Resources Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 17,2023 Agenda Date: July 18, 2023 Internal Review: ❑ Finance X❑ Human Resources © Legal ❑ Risk❑ Information Technology (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• MOU with Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff to update the 2022-2024 Collective Bargaining Unit language in Article 11 Hours of Labor Background/Executive Summary: The Corrections/Support Staff unit,with the support of the Sheriff's Office Command Staff,would like to update the language to Article 11 Hours of Labor in the current contract and combine sections A and B. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Memorandum of Understanding(MOU)with Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff to update the 2022-2024 Collective Bargaining Unit language in Article 11 Hours of Labor. Attachments MOU Memorandum of Understanding Between Mason County Sheriffs Office And Woodworkers Local Lodge W38. I.A.M Corrections/Support Staff Update to 2022-2024 Collective Bargaining Agreement Language WHEREAS; Mason County (the Employer) and Local Lodge W38 (the Union) are parties to a collective bargaining agreement (and collectively referred to as the Bargaining Parties), and this Memorandum of Understanding serves to amend and update such collective bargaining agreement; and WHEREAS; Mason County and The Union agree to change the language below(combining A and B into a new A): Current language: 11.2.2.A. and B. Hours of Labor (a) CLERICAL SUPPORT WORKDAY/WORKWEEK: The workweek shall normally consist of five (5) workdays within a seven (7) consecutive day period beginning Sunday at 12:00 a.m.through Saturday 11:59 p.m. The assignment of workdays and work schedules shall be determined by the Employer in order to meet business and customer service needs. Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with 11.2.2.(b) below. (b)CLERICAL SUPPORT WORK SCHEDULES: For regular full-time employees, the workweek shall normally consist of forty(40) hours of time scheduled within a seven (7) consecutive day period. Work hours for full-time employees covered by this Agreement shall normally be 8:00 a.m. to 5:00 p.m., unless the Employer establishes an alternate work schedule as described below: i. The regular workweek shall normally consist of five(5)consecutive workdays, Monday through Friday. ii. The County may modify the regular workweek to support special purposes during specified periods of time, provided employees receive at least five (5)working days' notice of the schedule change. iii. The Employer may change employee work schedules with fifteen (15) working days' notice to the employee and his/her Union representative. Less than fifteen (15) working days' notice may be given if mutually agreed between the employee and the Division Chief. iv. Hours shall be extended outside of normal business hours as necessary to allow for uninterrupted and efficient operation. New language: 11.2.2.A Hours of Labor (a) CLERICAL SUPPORT WORK SCHEDULES: The Employer shall assign each employee a workweek of either five (5)consecutive 8-hour days or four(4)consecutive 10-hour days Monday through Friday, at the Employer's discretion, for a forty (40) hour work week. Date: July 18, 2023 For the Union For the County Business Rep. Chairperson Larry A. Bickett Sharon Trask C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 17,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Monthly Financial Report for June 2023 Background/Executive Summary: Review of Cash Balances, and Budget to Actual Revenues and Expenditures for all County Funds through June 2023. Budget Impact(amount, funding source,budget amendment): Budget to Actual Comparison of 2022 &2023 Public Outreach (news release,community meeting, etc.): N/A Requested Action: N/A Attachments Mason County Monthly Financial Report for June 2023 #1854 JUNE MASON COUNTY MONTHLY FINANCIAL REPORT 2023 J:\Financials\2023 Financials\2023 June Financial Report #1S5$ MASON COUNTY MONTHLY FINANCIAL REPORT DUNE 2023 2022 vs 2023 Current Expense Revenue Comparison Revenue Revenue Department Name 2022 Budget Collected Uncollected %2022 2023 Budget Collected Uncollected 1162023 Actual dit 2022 Through End Revenue Through End Revenue vs 2023 of Month of Month WSU Extension 40,600 11,268 (29,332) 28% 20,000 12,546 (7,454) 63% 1,278 Assessor 9,000 6,090 (2,911) 68% 7,000 17,314 10,314 247% 11,225 Auditor 1,142,750 633,396 (509,354) 55% 1,172,200 477,407 (694,793) 41% (155,989) Emergency Management 75,912 16,967 (58,945) 22% 139,347 110,727 (28,621) 79% 93,760 Facilities&Grounds - 1,773 1,773 0% - 1,056 1,056 0% (717) Human Resources - - - 0% - 132 132 0% 132 Clerk 378,377 187,892 (190,485) 50% 478,377 103,368 (375,009) 22% (84,524) Commissioners - - - 0% - - 0% - Support Services 92,078 98 (91,980) 0% 86,522 (86,522) 0% (98) District Court 1,080,400 422,899 (657,501) 39% 855,300 427,998 (427,302) 50% 5,099 Community Development 2,434,000 1,195,690 (1,238,310) 49% 2,666,374 1,292,488 (1,373,886) 48% 96,797 Historical Preservation 24,000 10,167 (13,833) 42% 20,000 6,480 (13,520) 32% (3,687) Parks&Trails 44,000 13,367 (30,633) 30% 53,235 41,206 (12,029) 77% 27,839 Juvenile Court Services 1,255,805 712,603 (543,202) 57% 1,366,600 735,283 (631,317) 54% 22,680 Prosecutor 239,471 85,545 (153,926) 36% 216,249 66,399 (149,850) 31% (19,146) Child Support Enforcement 159,679 106,286 (53,393) 67% 171,310 62,722 (108,588) 37% (43,564) Coroner 35,000 24,180 (10,820) 69% 35,000 32,697 (2,303) 93% 8,517 Sheriff 953,505 518,226 (435,279) 54% 1,167,789 426,857 (740,932) 37% (91,369) Indigent Defense 245,267 172,895 (72,372) 70% 240,767 116,503 (124,264) 48% (56,392) Superior Court 69,650 44,689 (24,961) 64% 195,846 104,726 (91,120) 53% 60,037 Family Court 2,500 1,272 (1,228) 51% 2,500 960 (1,540) 38% (312) Therapeutic Court 811,347 199,851 (611,496) 25% 776,228 206,139 (570,089) 27% 6,289 Murder Expenditures - - - 0% - 0% Treasurer 26,983,596 17,624,131 (9,359,465) 65% 28,417,341 16,748,655 (11,668,686) 59% (875,476) Non Departmental 4,619,977 2,274,996 (2,344,981) 49% 4,729,045 2,944,576 (1,784,469) 62% 669,580 Motor Pool 72,000 - (72,000) 0% - - 0% - Totals $ 40,7681914 $ 241264,280 $ (16,504,634) 60% $ 42,817,030 $23,936,238 1 $ (18,880,792) 56% 1 (328,041) J:\Financials\2023 Financials\2023 June Financial Report 2 MASON COUNTY MONTHLY FINANCIAL JUJNE REPORT 2023 Treasurer Department Receipts Treasurer#001-260-000 2022 Budget 2022 YTD This Month %2022 2023 Budget 2023 YTD This Month %2023 REAL&PERSONAL PROPERTY TAXES 11,331,824 6,614,121 124,818 58% 10,389,391 6,050,551 117,271 58% SALES TAX TITLE PROPERTY - - 0 0% - 0 0% LOCAL RETAIL SALES&USE TAX 7,200,000 4,244,973 758,195 59% 8,400,000 4,412,042 763,504 53% LOCAL PUBLIC SAFETY-CITY 50,000 24,751 4,121 50% 50,000 25,630 4,080 51% CRIMINALJUSTICE 800,000 486,142 85,648 61% 900,000 504,942 85,687 56% LEASEHOLD EXCISE TAX 30,000 20,470 1,015 68% 35,000 14,740 534 42% FOREST EXCISE TAX 100,000 187,860 0 188% 200,000 243,022 0 122% FRANCHISE FEES 500,000 229,112 0 46% 500,000 208,043 0 42% PAYMENT IN LIEU OF TAX/B OF L 340,000 354,065 354,065 104% 350,000 350,317 350,317 100% PUD PRIVILEGE TAX 750,000 797,422 0 106% 800,000 875,638 0 109% DNR OTHER TRUST 2 100 119 101 119% 100 368 355 368% LE&Cl LEG 1 TIME COSTS - - 0 0% - 0 0% CITY-COUNTY ASSISTANCE 1,750,000 2,460,999 1,271,363 141% 2,500,000 819,342 588,519 33% DNR PILT NAP/NRCA 4,000 - 0 0% 4,000 - 0 0% CRIMINALJUSTICE-COUNTIES 775,000 386,231 0 50% 775,000 379,574 0 49% ADULT COURT COST-JUVENILE OFFE 5,000 2,287 381 46% 5,000 2,116 353 42% CRIMINAL IST-MARIJUANA ENFORCE 85,000 62,000 31,000 73% 125,000 66,277 32,224 53% DUI-OTHER CRIMINAL JUSTICE A 17,000 8,814 0 52% 17,000 242 0 1% LIQUOR/BEER EXCISE TAX 165,000 84,777 0 51% 165,000 84,868 30 51% LIQUOR CONTROL BOARD PROFITS 200,000 99,383 49,691 50% 200,000 99,481 49,740 50% IN LIEU OF-CITY OFTACOMA 210,000 108,381 56,759 52% 210,000 113,800 18,967 54% TREASURER'S FEES 30 - 0 0% 30 0 0% PAYMNT FOR SRVCS-MASON LK DIST 360 0 0% 375 - 0 0% PAYMNT FOR SRVCS-SPENCER LK FND 100 0 0% 150 160 160 107% PAYMNT FOR SRVCS-ISLAND LK FND 100 0 0% 100 - 0 0% CHARGES FOR SRVCS-MACECOM 1,375 - 0 0% 1,500 1,632 1,632 109% RETURNED REMITTANCE(NSF)FEES 2,500 1,480 400 59% 2,500 1,840 120 74% REET COLLECTION FEES 125,000 84,803 15,581 68% 170,000 64,944 15,634 38% REET COLLECTIONS COSTS 10,000 4,452 815 45% 10,000 3,897 643 39% TREAS.FIRE PROTECTION ASSESSM 15,000 9,838 305 66% 15,000 9,808 310 65% 3 Treasurer Department Receipts Treasurer#001-260-000 2022 Budget 2022 YTD This Month %2022 2023 Budget 2023 YTD This Month %2023 TREAS OTHER WORD PROCESSING 200 145 1 73% 200 29 0 14% PUBLIC DISCLOSURE CHGS SRVCS - - 0 0% - 100 0 0% DATA PROCESSING SERVICES - 0 0% 3 0 0% GAMBLING TAX PENALTY - 400 0 0% - - (250) 0% REAL&PERSONAL PENALTY 150,000 143,209 10,779 95% 150,000 68,093 13,021 45% PERSONAL PROP FILING PEN 20,000 13,286 460 66% 30,000 25,604 781 85% PENALTY ON REAL&PERSONAL PRO - - 0 0% - 0 0% FAILURE TO LIST PERSONAL PROP - - 0 0% - 0 0% INTEREST&OTHER EARNINGS 250,000 121,973 42,045 49% 250,000 1,150,699 280,106 460% INVESTMENT SERVICEFEES(TREAS. 6,000 4,511 1,499 75% 10,000 18,141 3,309 181% INT.ON CONT.NOTES-ACCTS.HELD,S 8,500 5,257 982 62% 10,000 32,494 3,935 325% LEASEHOLD EXCISE TAX INTEREST - 3 1 0% - 11 2 0% EXCISE INTEREST 50 62 130 125% 100 31 1 31% INV PURCHASED INT - (482) (482) 0% - (5,579) (1,633) 0% INTEREST ON DELINQUENT PR TAX 600,000 303,964 50,003 51% 600,000 276,648 40,560 46% RENTS/LEASES-DNR TRUST 10,000 8,289 4,443 83% 20,000 3,948 143 20% RENTS/LEASES-DNR TMBR TRUST 1 250,000 97,285 32,031 39% 250,000 73,384 8,668 29% UNCLAIMED MONEY/PROCEEDS-SALES 100,877 102,188 0 101% 100,000 97,689 0 98% TREASURER TAX FORECLOSURE TRUST - - 0 0% - - 0 0% CASH ADJUSTMENTS/OVER-UNDER 10 (232) (128) -2316% 10 0 (1,214) (153) -12136/ TAX DISTRIBUTION ROUNDING 10 (40) (2) -401% 10 0 (58) (4) -575/0 MISCELLANEOUS-OTHER REVENUE 100 227 0 227% 100 0 0 0% ROAD DIVERSION 1,080,000 628,232 12,701 58% 1,080,000 635,026 12,987 59% SALE OF TAX TITLE PROPERTY - (87) 0 0% - 0 0% LEASEHOLD EXCISE TAX 2,000 773 106 39% 1,600 1,636 43 102% TIMBER EXCISE TAX 10,000 (5,708) 0 -57% 10,000 27,702 0 277% DNR PILT NAP/NRCA 900 - 0 0% 1,275 - 0 0% DNR OTHER TRUST 2 50 899 10 1798% 50 42 41 84% OTHER INT-DNR INTEREST 10 (413) 0 -4127% 50 87 0 175% RENTS&LEASES/DNR OTHR TRST 1 2,500 (1,927) 463 -77% 3,800 420 16 11% RENTS&LEASES-DNR TMBR TRST 1 25,000 (70,165) 3,338 -281% 75,000 8,378 990 11% Grand Total $26,983,596 $17,624,131 2,912,639 65% $28,417,341 $16,746,587 $2,392,643 59% Unaudited *Benchmark for Month is50% 4 MASON COUNTY MONTHLY FINANCIAL JUKE 2023 Y REPORT 2022 vs 2023 Current Expense Expenditure Comparison Expenditures Expenditures Unexpended Department Name 2022 Budget through End of Unexpended %2022 2023 Budget through End of Budget %2023 Actual vs 2023 2022 023 Month Budget Authority Month Authority WSU Extension 347,244 120,357 226,887 3591. 386,072 152,615 233,457 40% 32,259 Assessor 1,453,707 730,165 723,542 50% 1,475,815 761,145 714,670 52% 30,980 Auditor 1,887,225 877,829 1,009,396 47% 1,964,162 899,197 1,064,965 46% 21,368 Emergency Management 353,422 135,620 217,802 38% 540,330 255,102 285,228 47% 119,482 Facilities&Grounds 1,440,148 637,746 802,402 44% 1,545,159 708,135 837,024 46% 70,389 HR/Risk Mngt 679,310 242,910 436,400 36% 926,434 385,652 540,782 42% 142,742 LEOFF 100,000 41,183 58,817 41% 100,000 54,767 45,233 55% 13,583 Clerk 1,128,716 572,998 555,718 51% 1,208,905 613,556 595,349 51% 40,558 Commissioners 357,704 177,232 180,472 50% 390,615 190,781 199,834 49% 13,549 Support Services 1,005,923 501,093 504,831 50% 1,064,379 494,084 570,295 46% (7,009) District Court 1,458,412 655,054 803,358 45% 1,526,343 682,274 844,069 45% 27,220 Community Development 2,976,073 1,344,282 1,631,791 45% 3,256,041 1,458,991 1,797,050 45% 114,709 Historical Preservation 24,000 2,335 21,665 10% 41,150 9,508 31,642 23% 7,174 Parks&Trails 795,136 348,020 447,116 44% 814,815 376,078 438,737 46% 28,058 i Juvenile Court Services 2,022,773 877,922 1,144,851 43% 2,155,933 916,332 1,239,601 43% 38,410 Prosecutor 2,080,150 825,343 1,254,807 40% 2,188,840 892,450 1,296,390 41% 67,108 Child Support Enforcement 161,447 54,493 106,954 34% 174,363 53,422 120,941 31% (1,070) Coroner 347,914 167,629 180,285 48% 640,942 300,910 340,032 47% 133,281 Sheriff 14,913,350 7,213,748 7,699,602 48% 16,183,144 7,696,825 8,486,319 48% 483,076 Courthouse Security 303,755 134,306 169,449 44% 309,300 135,817 173,483 44% 1,511 Indigent Defense 1,271,847 613,922 657,925 48% 1,538,125 708,783 829,342 46% 94,861 Superior Court 1,132,810 506,838 625,972 45% 1,530,861 749,694 781,167 49% 242,857 Family Court 2,500 - 2,500 0% 2,500 - 2,500 0% 0 Therapeutic Court 816,662 250,292 566,370 31% 787,786 244,993 542,793 31% (5,299) Murder Expenditures 50,000 2,845 47,156 6% - - - 0% (2,845) Treasurer 878,239 436,767 441,472 50% 913,511 457,809 455,702 50% 21,042 Non Departmental 5,316,129 1,892,217 3,423,912 36% 5,884,219 2,088,481 3,795,738 35% 196,265 Motor Pool 50,829 18,435 32,394 36% 0% (18,435) Transfers Out to Other Funds 466,282 78,717 387,565 17% 464,021 70,731 393,290 15% (7,985) Totals $ 43,821,707 $ 19,460,294 $ 241361,413 44% $ 48,013,765 $ 21,358,134 t $ 26,655,631 44% 1,897,841 Unaudited *Benchmarkfor Month is SOY J:\Financials\2023 FinancialsX2023 June Financial Report 5 JUNE 2023 Six Year Specific Revenue Streams Comparison 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 Community Development Revenues 881,597 924,261 1,108,368 1,633,277 1,195,690 1,292,488 Detention &Correction Services 15,277 8,939 53,455 97,005 38,019 38,780 205.270.342.30. Current Expense Property Taxes 5,540,388 5,802,856 5,718,771 6,591,783 6,614,121 6,050,551 Road Diversion Property Tax 1,225,976 1,255,967 1,225,659 641,492 628,232 635,026 County Road Property Tax 4,890,391 5,145,720 5,132,053 5,399,519 5,403,046 6,065,283 Current Expense Sales Tax 2,423,066 2,742,266 2,871,545 3,858,057 4,244,973 4,412,042 001.260.000.313.11 Criminal Justice Taxes/Entitlements 643,071 695,200 740,497 890,505 945,474 953,150 see bottom of revenue Rural Sales & Use Tax Fund 315,449 375,504 381,725 479,325 514,154 533,665 103-313.18 600,000 soo,o00 400,000 300,000 200,000 100,000 Com Srvcs-Homelessess Preven Filinqs 226,327 310,764 364,896 492,507 383,595 252,701 117.000.200.341.27.: 600,000 50o,000 400,000 300,000 00,000 1 00,000 Lodging (Hotel/Motel)Tax 164,521 201,378 142,953 329,314 391,570 385,462 163-313.31 500,000 400,000 300,000 ------ zo0,000 - 100,000 REET 1 Excise Tax Only 569,305 576,906 582,710 893,310 941,512 675,656 REET 2 Excise Tax Only 569,305 576,906 582,710 893,310 941,512 675,656 J:\Financials\2023 Financials\2023 June Financial Report 6 SPOON Co�N�� JUNE y is MASON COUNTY MONTHLY FINANCIAL REPORT 2023 REVENUE MONTH 12022 REVENUE 1 2023 REVENUE DIFFERENCE JANUARY $ 678,071.10 $ 762,082.70 $ 84,011.60 FEBRUARY $ 735,573.58 $ 761,133.57 $ 25,559.99 MARCH $ 605,844.73 $ 661,034.70 $ 55,189.97 APRIL $ 648,208.19 $ 675,943.00 $ 27,734.81 MAY $ 819,079.72 $ 788,344.00 $ (30,735.72) JUNE $ 758,195.22 $ 763,504.00 $ 5,308.78 JULY $ 789,558.43 $ (789,558.43) AUGUST $ 868,091.16 $ (868,091.16) SEPTEMBER $ 835,635.35 $ (835,635.35) OCTOBER $ 874,640.36 $ (874,640.36) NOVEMBER $ 933,808.65 $ (933,808.65) DECEMBER $ 847,167.46 $ (847,167.46) TOTAL COLLECTED REVENUE $ 9,393,873.95 $ 4,412,041.97 PROJECTED END OF YEAR REVENUE REVENUE BUDGETED $ 7,200,000.00 $ 8,400,000.00 $ 9,560,943.38 YET TO BE COLLECTED $ (3,987,958.03) ANTICIPATED INCREASE $ 1,160,943.38 92 MONTH ROLLING AVERAGE CHANGE PRIOR MONTH 12 MO. ROLLING AVG CHANGE 8.4% J:\Financials\2023 Financials\2023 June Financial Report 7 �0oN CO_ /SJ JUNE 2023 ix Year Financial Recap Current Expense Recap 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 General Fund Operating Reserves 6,520,791 6,817,603 10,044,540 9,614,040 10,191,954 Contingency Reserve 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Technology Replacement Reserves 200,000 200,000 264,295 336,000 386,000 Equipment&Vehicle Replacement Reserves 525,000 525,000 932,475 1,040,500 790,000 Accrued Leave Reserve 520,000 530,805 347,742 502,000 413,000 Capital Reserve 5,000,000 Current Expense Unreserved Cash 2,421,805 4,804,148 7,588,831 14,137,565 11,679,328 This Month Current Expense Cash 61685,419 11,187,596 13,877,555 20,177,883 26,630,105 29,460,282 Adopted Budget on December 31st 36,930,990 41,404,349 49,581,229 53,464,511 62,188,434 68,492,402 Supplemental Appropriations 1,035,267 250,106 407,320 119,775 275,304 980,661 Total Budget including Supplementals 37,966,257 41,654,455 $ 49,988,549 53,584,286 62,463,738 69,473,063 Budgeted Beginning Fund Balance 3,061,750 5,786,719 11,636,958 14,000,000 21,694,824 26,000,000 Budgeted Ending Fund Balance 3,729,495 5,523,921 11,291,981 12,664,036 18,508,172 21,319,029 Revenue Budgets 34,904,507 35,867,736 38,351,591 39,584,286 40,768,914 42,492,402 Revenues thru This Month of each year 18,454,300 19,543,688 18,885,563 22,412,140 24,264,280 23,936,238 Budgeted Revenues Received 53% 54% 49% 57% 60% 56% Expenditure Budgets 34,236,762 36,130,534 38,696,568 40,920,250 43,955,566 47,173,373 Expenditures thru This Month of each year 15,872,719 16,403,830 17,645,193 18,616,895 19,328,999 21,358,134 Budgeted Expenditures Expended 46% 45% 46% 45% 44% 45% 8 Special Fund Cash Balances 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 Rural County Sales&Use Tax Fund(.09) 330,662 463,702 657,588 989,892 1,843,490 1,824,463 Auditor's 0&M 222,853 237,090 257,415 327,619 404,564 461,604 County Roads Fund 11,676,037 10,502,294 12,696,902 13,196,251 12,745,242 14,838,389 Paths&Trails 252,302 263,769 275,803 284,039 292,918 306,694 Election Equipment Holding 181,922 169,490 228,497 243,364 282,733 317,376 Crime Victims 219,483 176,696 201,819 214,241 209,602 174,689 Victim Witness Activities 26,740 31,207 25,092 21,951 12,256 2,760 Historical Preservation Fund 39,681 36,808 37,636 Community Support Services Fund 469,937 754,760 871,359 1,232,901 1,882,025 2,126,341 Abatement/Repair/Demolition Fund 271,285 276,145 279,259 278,257 277,475 285,597 Reserve for Technology Fund 177,701 92,690 REET&Property Tax Admin Asst 66,927 70,766 66,010 78,004 87,437 89,585 National Forest Safety 26,720 49,297 44,136 18,890 26,627 46,672 Trial Court Improvement Fund 94,687 103,453 120,522 82,566 102,677 98,633 Sheriff Special Funds 269,446 242,918 Sheriff's Boating Program 128,323 133,519 144,560 74,570 Narcotics Investigation 83,621 92,871 97,909 94,074 Mason County Clean Water District 112,239 289,215 Public Health Fund 109,398 212,354 665,049 1,190,947 1,906,314 2,776,893 American Rescue Plan Act 6,133,269 4,661,700 7,403,850 Law Library 79,453 73,677 64,070 53,104 44,468 33,506 Lodging(Motel/Hotel)Tax Fund 436,409 589,983 715,000 890,660 1,294,273 1,821,844 Mental Health Tax Fund 1,412,610 1,436,339 1,446,685 1,737,543 1,892,972 2,388,576 Treasurer's M&O Fund 143,428 165,342 196,995 97,216 189,720 204,215 Veterans Assistance 198,607 74,730 88,913 139,763 193,772 252,102 Skokomish Flood Zone 209,887 25,630 69,289 19,954 13,226 10,668 Mason Lake Management District 131,844 156,300 129,577 90,577 89,619 92,128 Spencer Lake Management District 7,712 14,048 16,320 17,151 Island Lake Management District 22,871 25,324 34,418 28,149 34,589 26,228 Capital Improvement/Reet 1 Fund 1,570,926 1,868,591 1,933,595 1,475,889 1,649,954 2,085,819 Capital Improvement/Reet 2 Fund 2,525,051 2,623,395 2,984,530 3,607,130 5,144,453 5,476,072 Mason County Landfill 933,356 285,872 1,008,012 1,772,944 2,720,837 3,203,193 N. Bay/Case Inlet Utility 923,087 815,281 1,445,191 1,767,985 2,117,167 2,619,418 N. Bay/Case Inlet Utility Reserve 727 360 - Wastewater System Development 3,986 3,986 3,986 3,986 Rustlewood Sewer&Water 267,297 329,330 126,306 73,209 136,006 92,968 Beards Cove Water 401,305 435,275 514,385 578,269 674,638 979,703 Belfair WW&Water Reclamation 377,698 613,861 801,737 1,148,111 1,643,294 3,855,511 Reserve Landfill 497,224 474,222 447,615 444,198 441,833 440,596 Reserve Beards Cove Ulid 349,902 195,303 205,212 212,004 219,486 Storm Drain System Development 63,757 184,087 180,745 179,354 178,626 Information Technology 427,988 495,125 581,361 223,921 177,486 318,456 Equipment Rental&Revolving Fund 3,782,221 4,228,500 2,460,662 2,054,873 3,689,950 5,447,833 Unemployment Fund 185,369 189,425 192,559 207,676 251,391 255,414 TOTALS 29,380,783 28,973,378 32,277,589 41,339,144 47,903,847 60,832,807 H COGNJ1 MASON COUNTY MONTHLY FINANCIAL JUNE r REPORT 2023 2022 vs 2023 Motor Pool Expenditure Comparison FUND OR DEPARTMENT 2022 Expenditures Unexpended %2022 2023 Expenditures Unexpended %2023 Budget through End of Budget Budget through End of Budget Month Authority Month Authority WSU 1,500 689 811 45.91% 4,790 3,202 1,588 66.86% ASSESSOR 29,963 13,593 16,370 45.37% 32,910 18,613 14,297 56.56% EMERGENCY MANAGEMENT 990 446 544 45.05% 2,540 625 1,915 24.61% FACILITIES&GROUNDS 27,731 9,364 18,367 33.77% 85,685 24,209 61,476 28.25% COMMUNITY SERVICES 47,2541 22,866 24,388 48.39% 66,645 30,744 35,901 46.13% PARKS&TRAILS 57,615 6,137 51,478 10.65% 51,043 21,813 29,230 42.73% JUVENILE COURT SERVICES 8,006 4,657 3,349 58.16% 8,570 3,743 4,827 43.67% PROSECUTOR 6,691 3,281 3,410 49.04% 7,127 2,678 4,449 37.58% CORONER 14,250 8,267 5,983 58.02% 50,891 9,072 41,819 17.83% SHERIFF ADMIN 1,202,975 900,040 302,935 74.82% 1,354,357 575,452 778,905 42.49% MOTOR POOL 50,829 18,435 32,394 36.27% 0 0% Total 001 GENERAL FUND 1,447,804 987,776 460,028 68.23% 1,664,558 690,151 974,407 41.46% SHERIFF'S BOATING PROGRAM 1,009 -1,009 0% 419 -419 0% NARCOTICS INVESTIGATION FUND 0 0% 100 -100 0% COMMUNITY SERVICES HEALTH 57,077 26,472 30,605 46.38% 47,172 23,231 23,941 49.25% AMERICAN RESCUE PLAN ACT 0 0% 0 0% TOTAL SPECIAL FUNDS 57,077 27,480 29,597 48.15% 47,172 23,750 23,422 50.35% Total GENERAL FUND&SPECIAL FUNDS 1,504,881 1,015,256 489,625 67.46%1 1,711,730 713,901 997,829 41.71% REVISED YTD MP Unexpended %2022 2023 Expenditures Unexpended %2023 TOTAL MOTOR POOL EXPENDITURES BY BUDGET EXPENDED Budget Budget through End of Budget OBJECT CODE Authority Month Authority MOTOR POOL SALARIES&BENEFITS 39,689 17,742 21,947 44.70% 40,275 8,958 31,317 22.24% MOTOR POOL SUPPLIES 80,150 18,650 61,500 23.27% 54,050 29,377 24,673 54.35% MOTOR POOL FUEL 245,045 156,361 88,684 63.81% 402,000 150,076 251,924 37.33% MOTOR POOL LEASE 226,180 279,960 -53,780 123.78% 712,272 345,103 367,169 48.45% MOTOR POOL MAINT-MONTHLY 17,230 5,661 11,569 32.86% 12,000 8,137 3,864 67.80% MOTOR POOL REPAIRS&MISC. 62,100 23,668 38,432 38.11% 72,775 37,069 35,706 50.94% MOTOR POOL INSURANCE 20,170 1,890 18,280 9.37% 16,640 2,394 14,246 14.39% MOTOR POOL CAPITAL LEASE 406,717 2,972 403,745 0.73% 147,000 33,960 113,040 23.10% MOTOR POOL CAP UPFIT 407,600 508,353 -100,753 124.72% 254,718 98,826 155,892 38.80% Total GENERAL FUND&HEALTH FUND 1,504,881 1,015,2561 489,625 67.46% 1,711,730 713,901 997,829 41.71% Unaudited *Benchmark for month is 50% 10 MASON COUNTY MONTHLY FINANCIAL REPORT JUNE 2023 2022 vs 2023 Special and Other Funds Revenue Comparison Revenue Revenue Fund Fund Name 2022 Budget Collected Uncollected %2022 2023 Budget Collected Uncollected %2023 Actual dif 2022 No. Through End Revenue Through End Revenue vs 2023 of Month of Month 103 Sales&Use Tax 866,000 516,147 (349,853) 60% 963,000 578,686 (384,314) 60% 62,539 104 Auditor's O&M 140,250 35,907 (104,343) 26% 127,250 30,934 °(96,316) 24/° (4,973) 105 County Road 21,367,763 9,347,984 (12,019,779) 44% 21,099,126 10,254,252 (10,844,874) 49% 906,268 106 Paths&Trails 10,136 5,271 (4,865) 52% 9,707 8,544 (1,163) 88% 3,273 109 Election Equipment Holdings 42,250 35,356 (6,894) 84% 42,250 23,022 (19,228) 54% (12,335) 110 Crime Victims 41,910 39,365 (2,545) 94% 59,010 30,161 (28,849) 51/ (9,204) 114 Victim Witness Activities 55,683 15,996 (39,687) 29% 51,191 11,228 (39,963) 22% (4,769) 117 Community Support Services 8,572,928 5,662,673 (2,910,255) 66% 2,254,928 2,101,079 (153,849) 93% (31561,593) 118 Abatement 7,920 359 (7,561) 5% 1,200 6,245 5,045 520% 5,886 120 REET&Property Tax Admin 25,600 11,386 (14,214) 44% 25,750 10,221 (15,529) 40% (1,164) 134 National Forest Safety 21,457 25,638 4,181 119% 21,500 22,936 1,436 107% (2,702) 135 Trial Court Improvements 22,652 11,342 (11,310) 50% 22,684 5,649 (17,035) 25% (5,693) 141 Sheriff's Boating Program 38,800 - (38,800) 0% 38,800 - (38,800) 0% - 142 Narcotics Investigation Fund 6,000 1,391 (4,609) 23% 6,500 828 (5,672) 13% (562) 145 Mason County Clean Water District 190,000 112,239 (77,761) 59% 190,000 114,882 (75,118) 60% 2,643 150 Community Services Health 3,398,154 2,487,633 (910,521) 73% 3,349,997 2,539,684 (810,313) 76% 52,051 155 American Rescue Plan Act 6,484,450 5,890 (6,478,560) 0% 22,500 169,486 146,986 753% 163,596 160 Law Library 24,900 11,341 (13,559) 46% 23,260 12,069 (11,191) 52/ 728 163 Lodging Tax(Hotel/Motel) 500,500 391,731 (108,769) 78% 600,750 406,016 (194,734) 68% 14,285 164 Mental Health 1,243,736 704,324 (539,412) 57% 1,414,765 774,714 (640,051) 55/ 70,391 180 Treasurer's M&O Fund 338,999 197,167 (141,832) 58% 274,062 156,568 (117,494) 57/ (40,599) 190 Veterans Assistance 141,340 84,478 (56,862) 60% 146,524 91,764 (54,760) 63/0 7,285 192 ISkokomish Flood Zone 10,020,250 - (10,020,250) 0% 6,897,203 10,554 (6,886,649) 0% 10,554 194 Mason Lake Mngmt Dist#2 37,900 21,791 (16,109) 57% 39,990 24,451 °(15,539) 61/ 2,661 195 Spencer Lake Mngmt Dist#3 15,225 9,300 (5,925) 61% 16,036 9,796 ° 495 199 Island Lake Mngmt Dist#1 10,000 5,781 (4,219) 58% 100 571 471 571% (5,211) 350 REET 1 Capital Improvements 1,562,000 943,706 (618,294) 60% 1,866,000 724,939 (1,141,061) 39% (218,767) 351 REET 2 Capital Improvements 1,505,000 947,509 (557,491) 63% 1,813,000 800,005 (1,012,995) 44% (147,503) 402 Mason County Landfill 5,868,714 3,034,123 (2,834,591) 52% 7,216,147 3,187,227 (4,028,920) 44/° 153,104 403 N.Bay/Case Inlet Utility 2,404,398 1,088,033 (1,316,365) 45% 2,337,004 1,141,698 (1,195,306) 49% 53,666 411 Rustlewood Sewer&Water 544,257 155,211 (389,046) 29% 576,560 208,968 °(367,592) 36/0 53,757 412 Beards Cove Water 332,230 130,053 (202,177) 39% 367,564 146,054 (221,510) 40% 16,001 413 Belfair W W&Water Reclamation 11,209,208 916,291 (10,292,917) 8% 3,707,003 3,969,481 262,478 107% 3,053,190 428 Reserve Landfill 700 572 (128) 82% 700 9,939 9,239 1420% 9,367 429 Reserve Beards Cove ULID 10,800 6,334 (4,466) 59% - - 0% (6,334) 480 Storm Drain System Development 500 - (500) 0% - - 0% - 500 Information Technology Dept 922,819 461,360 (461,460) 50% 1,151,233 575,463 (575,770) 50/ 114,104 501 Equipment Rental&Revolving 2,840,187 216,068 (2,624,119) 8% 2,812,088 1,590,092 (1,221,996) 57% 1,374,025 502 junemployment Fund 73,420 73,420 - 100% 76,204 76,204 - 100% 2,784 Totals $80,899,036 27,713,170 $ (53,185,866) 34% $59,621,586 29,824,413 $ (29,797,173) 50% 2,111,243 Unaudited *Benchmark for Month is 50% J:iFinancials\2023 Financials\2023 June Financial Report 11 MASON COUNTY MONTHLY FINANCIAL REPORT JUNE 2023 2022 vs 2023 Special and Other Funds Expenditure Comparison Fund Expenditures Expenditures Fund Name 2022 Budget through End of Unexpended %2022 2023 Budget through End of Unexpended %2023 Actual dif2o22 No. Month Budget Authority Month Budget Authority vs 2023 103 Sales&Use Tax 660,415 26,007 634,408 4% 678,711 594,665 84,046 88% 568,658 104 Auditor's O&M 108,074 62,331 45,743 58% 111,635 46,494 65,141 42% (15,837) 105 County Road 22,849,454 6,210,235 16,639,219 27% 23,793,040 7,312,243 16,480,797 31% 1,102,008 106 Paths&Trails 2,223 963 1,260 43% 2,047 1 904 1,144 44% (59) 109 Election Equipment Holdings 51,781 753 51,028 1% 51,642 707 50,935 1% (46) 110 Crime Victims 99,426 42,990 56,436 43% 106,491 44,224 62,267 42% 1,234 114 IVictim Witness Activities 55,635 17,723 37,912 32% 52,740 17,117 35,623 32% (606) 117 lCommunity Support Services 8,250,242 4,819,662 3,430,580 58% 2,456,488 2,272,498 183,990 93% (2,547,164) 118 Abatement 54,296 578 53,718 1% 54,155 556 53,599 1% (22) 120 REET&Property Tax Admin 100,589 13,167 87,422 13% 110,750 16,496 94,254 15% 3,330 134 National Forest Safety 26,525 4,079 22,446 15% 36,500 764 35,737 2% (3,315) 135 Trial Court Improvements 54,213 989 53,224 2% 53,715 311 53,405 1% (678) 141 Sheriff's Boating Program 42,533 11,163 31,370 26% 42,083 8,819 33,264 21% (2,344) 142 1 Narcotics Investigation Fund 7,669 1,325. 6,344 17% 5,869 1,309 4,560 22% (16) 145 Mason County Clean Water District 100,000 - 100,000 0% 190,153 1,846 188,307 1% 150 Community Services Health 3,382,359 1,933,847 1,448,512 57% 4,077,531 2,063,260 2,014,271 51% 129,413 155 American Rescue Plan Act 11,541,329 401,069 11,140,260 3% 7,562,927 345,266 7,217,661 5% (55,804) 160 Law Library 36,307 16,081 20,226 44% 34,856 16,738 18,118 48% 657 163 Lodging Tax(Hotel/Motel) 772,900 197,567 575,333 26% 988,514 258,154 730,360 26% 60,587 164 1 Mental Health 1,491,138 445,415 1,045,723 30% 1,464,058 444,980 1,019,078 30% (435) 180 Treasurer's M&O Fund 395,672 64,120 331,552 16% 354,062 60,332 293,730 17% (3,788) 190 Iveterans Assistance 241,340 51,493 189,847 21% 252,000 59,042 192,958 23% 7,549 192 Skokomish Flood Zone 10,035,620 2,144 10,033,476 0% 6,908,235 10,919 6,897,316 0% 8,775 194 Mason Lake Mngmt Dist#2 106,877 1,149 105,728 1% 108,367 701 107,667 1% (448) 195 Spencer Lake Mngmt Dist#3 22,017 169 21,848 1% 23,876 485 23,391 1 2% 316 199 Island Lake Mngmt Dist#1 30,000 300 29,700 1% 26,078 321 25,758 1% 20 j 350 REET 1 Capital Improvements 2,101,978 1,303,947 798,031 62% 2,101,804 950,931 1,150,873 45% (353,016) 351 1 REET 2 Capital Improvements 2,103,831 33,488 2,070,343 2% 2,103,875 520,141 1,583,734 25% 486,653 402 Mason County Landfill 6,433,279 2,387,492 4,045,787 37% 6,760,452 2,616,560 4,143,892 39% 229,068 403 N.Bay/Case Inlet Utility 2,110,929 747,908 1,363,021 35% 2,235,214 759,820 1 1,475,394 34% 11,912 405 Wastewater System Development - - - 0% - - 0% - 411 Rustlewood Sewer&Water 665,793 152,219 513,574 23% 776,347 188,137 588,210 24% 35,918 412 Beards Cove Water 327,750 59,751 267,999 18% 335,427 83,019 252,408 25% 23,268 413 Belfair WW&Water Reclamation 7,604,413 467,291 7,137,122 6% 7,142,083 2,729,431 4,412,652 38% 2,262,140 428 Reserve Landfill 301,597 2,259 299,338 1% 300,950 10,797 290,153 4% 8,538 429 Reserve Beards Cove ULID 4,508 2,254 2,254 50% - - 0% (2,254) 480 Storm Drain System Development 571 195 376 34% - - 0% (195) 500 Information Technology Dept 987,073 501,586 485,487 51% 1,261,915 509,088 752,827 40% 7,502 501 Equipment Rental&Revolving 3,987,878 1,328,210 2,659,668 33% 3,345,768 868,393 2,477,375 26% (459,817) 502 Unemployment Fund 234,420 18,257 216,163 1 8% 276,204 35,346 240,858 13% 17,090 Totals $ 87,382,654 $ 21,330,175 $ 66,052,479 1 24% $ 76,186,562 $ 22,850,812 $ 53.335,750 30% 1,520,638 Unaudited *Benchmark for Month is 50% J:1Financials\2023 Financials\2023 June Financial Report 12 • MASON COUNTY rTi Public Health & Human Services Briefing July 17, 2023 Briefing Items Rapid toxicology screening tool—David Windom Consolidated Homeless Grant(CHG)—Melissa Casey Emergency Housing Funds—Melissa Casey Behavioral Health Transportation Pilot Program—Melissa Casey C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom 260 Department: Public Health Briefing: ❑ Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 17,2023 Agenda Date: Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Rapid Toxicology Screening Tool Background/Executive Summary: Currently,it can take as many as ten weeks to receive a toxicology report back from the state lab which interferes with death certificates, analysis of drug use in the community,assessment, surveillance,and delays law enforcement actions.Public Health departments in Washington are looking to shorten this delay. MCPH is recommending the purchase of rapid toxicology screening tools for the Mason County Coroner. The recommended device is one with which the Coroner is familiar and in use with other counties,the EVIDENCE MULTISTAT Fully Automated Post-Mortem Drug Testing from Randox Technology. Research hasn't found comparable units. Budget Impact(amount,funding source,budget amendment): Approximately$64,181.12 from the FPHS Consolidated Contract earmarked for illicit drug intervention. Public Outreach(news release, community meeting,etc.): N/A Requested Action: Approval to purchase rapid toxicology screening tools for the Mason County Coroner. Attachments: Xylazine Assay,Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices,Evidence multistat Fully Automated Post-Mortem Drug Testing Mason County Public Health and Human 0 Services J 130 2 u 0 Proposal for the Placement of Randox Multistat Analyzer Provided to David Windom Director, Mason County Public Health and Human Services CONFIDENTIAL DOCUMENT CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY Randox Multistat Analyzer RANDOX Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 r T +1 304 728 2890 Toll Free:866 4 RANDOX F +304 728 1890 Toll Free:866 RANDOX I �+s Randox Toxicology L-ded in a company registered within Northem Ireland.Company number NI 608013 VAT Repstemd Number GB 151682708 SAS CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY David Windom Mason County Public Health and Human Services 415 N. 6th Street, Bldg. 8 Shelton, WA 98584 RE: Evidence MULTISTAT proposal Our Reference: rdxtox/usa-IPUS02 Dear David Windom, Randox Toxicology is pleased to offer this proposal for the purchase of the Multistat analyzer for toxicology drug screening and testing in Mason County. This analyzer is an excellent analyzer for fast and accurate screening of drugs in biological samples. The Evidence Multistat analyzer and Biochip Array Technology will allow for reliable analysis of toxicology specimen in blood and urine. Fully automated bench top analyzer • 3 samples per hour • Results in 17 minutes • 1,000 patient data storage capability • LIMScompatible • CV less than 10% • Touch screen color monitor We are excited at the possibility of the analyzer being considered for procurement in your lab and we look forward to working with the lab. Thanks, Ingemar Pedron, M.S. I Sales Executive Based in San Diego, CA Ingemar.Pedron(a)Randox.com +1 (304) 579-0236 RANDOX TOXICOLOGY Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 T+1 304 728 2890 Toll Free:866 4 RANDOX F+304 728 1890 Toll Free:866 RANDOX I Sao ui�s Rand-T—cology bmded,n a company registered within Northem Ireland.Company number NI 608013 VAT Regatered Numbc t,B I S 1682108 � — ' " CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY FINANCIAL PROPOSAL Name David Windom Organization Mason County Public Health and Human Services Address 415 N. 6th Street, Bldg. 8 Shelton, WA 98584 Ref. No. Randox Contact Date rdxtox/usa-IPUS02 Ingemar Pedron 06/28/2023 Contract Type Contract Period Minimum Purchase Outright Purchase N/A none DESCRIPTION QUANTITY UNIT PRICE TOTAL Mu ItiSTAT EV4115 1 45,000.00 45,000.00 MultiSTAT Shipping and handling 1 1,500.00 1,500.00 1 year Gold Service Contract 1 8,000.00 8,000.00 DoA Blood Kits Whole blood EV4195 3 315.00 945.00 Urine EV4193 3 315.00 945.00 Oral Fluid EV4279 3 315.00 945.00 Mu ItiSTAT - ToxPlex EV4516 2 827.50 1,655.00 SUBTOTAL $58,990.00 TAX $5,191 .12 TOTAL $64,181.12 Full product descriptions found below Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 r T +1 304 728 2890 Toll Free:866 4 RANDOX F +304 728 1890 Toll Free:866 RANDOX I +s $�$Randox Toxicology L-ded in a company registered within Northern Ireland.Company number NI 608013 VAT Repo—d Number GB 151682708 CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY Evidence Investigator Analyzer______________________________________________________________________ $45,000.00 Cat. No. EV4115 Consisting of: Analyzer Installation Training of two operators Operator's manual One yea r's wa rra nty Shipping........................................................................................................................................................................$1,500 Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 r T +1 304 728 2890 Toll Free:866 4 RANDOX F +304 728 1890 Toll Free:866 RANDOX I reo +s 146) $�$Randox Toxicology L-ded in a company registered within Northern Ireland.Company number NI 608013 VAT Repo—d Number GB 151682708 CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY Evidence MultiSTAT-Whole Blood kit____________________________________________________________________________________________________ $315/kit Cat. No. EV4195 Cost per sample -$26.25 Consisting of: 12 Biochips x 20 tests per Biochip =240 tests Multi-analyte reagents and consumables. Discrete test regions for the tests: 1. a-PVP( Flakka) 2. Amphetamine 3. Barbiturates 4. Benzodiazepines 5. BZG/Cocaine 6. Buprenorphine 7. Cannabinoids (THC) 8. Ethylglucoronide (EtG) 9. Fentanyl 10. Methadone 11. Methamphetamine 12. Opiate 13. Oxycodone 14. Phencyclidine(PCP) 15. Pregablin 16. Propoxyphene 17. Synthetic Cannabinoids (AB-Chiminica) 18. Synthetic Cannabinoids( AB-Pinaca) 19. Tramadol 20. Tricyclic Antidepressants (TCA) 21. 6-MAM EvidenceMultiSTAT Urine kit...................................................................................................................... $315/kit Cat. No. EV4193 Cost per sample -$26.25 Consisting Of: 12 Biochips x 20 tests per Biochip =240 tests Multi-analyte reagents and consumables. Qualitative Discrete test regions for the tests: 1. Fentanyl 12. Ethyl Glucuronide (EtG) 2. 6-MAM 13. Methadone 3. BZG(Cocaine Metabolite) 14. Methamphetamine 4. Opiates 15. Cannabinoids (THC) 5. Oxycodone 16. AB-PI NACA 6. Alpha-PVP (includes MDPV) 17. Tricyclic Antidepressants 7. Amphetamine 18. JWH-018 8. Barbiturates 19. XLR-11 9. Benzodiazepines I 20.Tramadol 10. Benzodiazepines II 21. Creatinine 11. Buprenorphine Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 T +1 304 728 2890 Toll Free:866 4 RANDOX F +304 728 1890 Toll Free:866 RANDOX I U¢AS Randox Toxicology L-ded in a company registered-thm Northern Ireland.Company number NI 608013 VAT Regatered Number GB 151682708 Jr�D $GS - CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY EvidenceMultiSTAT-Oral Fluids kit___________________________________________________________________________________________ $315/kit Cat. No. EV4279 Cost per sample -$26.25 Consisting of: 12 Biochips x 20 tests per Biochip =240 tests Multi-analyte reagents and consumables. Discrete test regions for the tests: 1. 6-MAM 2. Amphetamine 3. Barbiturates 4. Benzodiazepines 1 5. Benzodiazepines II 6. BZG (Cocaine metabolite) 7. Buprenorphine 8. Cannabinoids (THC) 9. Alpha-PVP 10. Fentanyl 11. Methadone 12. Methamphetamine 13. Opiate 14. Oxycodone 15. Phencyclidine(PCP) 16. LSD 17. Ketamine 18. Synthetic Cannabinoids (JWH-018) 19. Synthetic Cannabinoids (UR-144) 20. Tramadol Evidence MultiSTAT Toxplex Quant kit............................................................................................................. $827.50/kit Cat. No. EV4156( Blood) Cost per sample -$37.36 Consisting of: 24 Biochips x 29 tests per Biochip =696 tests(two samples per cartridge) Multi-analyte reagents and consumables. Discretetest regions for the tests: 1. Acetaminophen 16. Meprobamate 2. Amphetamines 17. Methamphetamine 3. Barbiturates 18. Methadone 4. Benzodiazepines I (Oxazepam) 19. Methaqualone 5. Benzodiazepines II(Clonazepam) 20. Opiate 6. Cocaine( Benzolecgonine) 21. Oxycodone 7. Buprenorphine 22.Phencylidine( PCP) 8. Cannabinoids ( THC) 23. Pregablin 9. Xylazine 24. Propoxyphene 10. Dextromorphan 25. Salicylate 11. Ethy Glugoronide ( ETG) 26.Tramadol 12. Fentanyl 27.Tricylic Antodepressants 13. Haloperidol 28. Zolpidem 14. Ketamine 29. 6-MAM( Heroin) 15. MDMA Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 r T +1 304 728 2890 Toll Free:866 4 RANDOX F +304 728 1890 Toll Free:866 RANDOX I +s $�$Randox Toxicology L�mted in a company registered-thin Northern Ireland.Company number NI 608013 VAT Repo-d Number GB 151682708 CONFIDENTIAL RANDOX DO NOT COPY OR DISTRIBUTE TOXICOLOGY QUOTATION TERMS AND CONDITIONS Delivery The analyzer and other products shall be delivered to within six(6)weeks of receipt of confirmed purchase order. Installation and Training Installation will take place at the customer premises as soon as requested after delivery of the analyzer. A technical specialist shall conduct the training course, which will take the form of a three-day course for three operators. Payment and Credit Terms Credit terms of 30 days from product delivery. Warranty Period and Service The analyzer will be covered by a comprehensive warranty for the period of 12 months from date of installation. This warranty covers all costs of parts, travel and labor. Customer and Technical Support Immediate technical support will be provided by telephone, with 48-hour turnaround onsite technical support ALL PRICES QUOTED ARE EXCLUSIVE OF TAX AND FREIGHT. F.O.B. Kearneysville,WV Randox Laboratories-US Limited,515 Industrial Boulevard,Bardane Industrial Park,Kearneysville,WV,25430 r T +1 304 728 2890 Toll Free:866 4 RANDOX F +304 728 1890 Toll Free:866 RANDOX I +s $�$Randox Toxicology L-ded in a company registered within Northern Ireland.Company number NI 608013 VAT Repo—d Number GB 151682708 S S d� 00,00 vv EVIDENCE MULTISTAT Fully Automated Post-Mortem Drug Testing RANDOX T O X I C O L O G Y 3 Evidence MultiSTAT Using our revolutionary Biochip Array Technology (BAT),the Evidence MultiSTAT is an automated analyzer that enables on-site simultaneous detection of up to 29 classical, prescription and synthetic drugs from a single sample. Designed to work across a variety of matrices,our patented multi-analyte testing platform provides a complete toxicology profile within minutes, changing the landscape of drug detection forever. Cartridge & Analyzer Overview O Sample Chambers There are two sample wells positioned here, each holding 2001il of sample. © Foil Cover & Fluid Reservoirs All additional fluids required are stored underneath a sealed foil cover and pierced by the analyzer during testing. © Biochip Wells Two Biochips are pre-fixed here,one for each sample. 29 discrete testing regions are placed on each biochip. O Touch Screen A large touch screen interface allows the user to easily navigate through the testing screens of the analyzer and view test results. © Tip Cartridge Drawer The user will insert the preflled tip cartridge here prior to testing. © Reagent Cartridge Drawer The user will insert the reagent cartridge here prior to testing. O 2 x USB Ports USB Ports allow the user to add accessories e.9 barcode scanner,printer and export test results via USB. Benefits lip Semi-Quantitative Screening With the Evidence MultiSTAT's semi-quantitative screening method you can identify what substance, as well as how much, is present in a post-mortem sample. Rapid Screening With minimal sample preparation required, results can be provided in just 28 minutes, offering an efficient and accurate toxicology screen. That's up to 4 samples per hour, or 32 in a typical 8 hour day! Simple Process With preflled reagent cartridges and a simple interface, non-laboratory trained staff can easily operate the analyzer in any environment and achieve results in just 2 steps. User-Defined Test Panel Test all 29 analytes or select any number of tests from the panel to make it completely personalized to your needs. Increased Specificity & Reduced False Positives OCGJOO* Biochip Array Technology enables the separation of drugs with same parent type. For example: amphetamine, MDMA and methamphetamine, benzodiazepines (clonazepam and oxazepam), oxycodone,fentanyl and 6-MAM. Reliable Results Using chemiluminescence as a measurement principle,the Evidence MultiSTAT consistently delivers accurate results and offers a highly sensitive way to detect drugs of abuse. r , Space Saving L J The MultiSTAT is a medium sized benchtop analyzer which can be placed in an autopsy suite or room. a _._ • 1 �' --- ,. � ,� Semi-Quantitative Panel Assay Assay Acetaminophen Methadone Tox P I e x Amphetamine Methamphetamine Semi-Quantitative Panel Barbiturates Methaqualone Two samples per cartridge Buprenorphine Opiate Matrices:Blood&Urine BZG(Cocaine Metabolite) Oxazepam THC(Cannabinoids) Oxycodone Clonazepam PCP(Phencyclidine) Creatinine(Urine Only) Pregabalin Dextromethorphan Propoxyphene EtG(Ethyl Glucuronide) Salicylate Fentanyl Tramadol Haloperidol TCA(Tricyclic Anti-depressants) Ketamine Zolpidem MDMA 6-MAM Meprobamate - Qualitative Panels* Assay Cut-Off Assay Cut-Off 6-MAM 10 ng/ml Methadone 10 ng/ml Blood AB-CHMINACA 5ng/ml Methamphetamine 50 ng/ml Cat.No.EV4195 AB-PINACA 2 ng/ml Opiate 80 ng/ml Time to Result:23 minutes Amphetamine 50 ng/ml Oxycodone 10 ng/ml Qualitative Panel BZG(Cocaine Metabolite) 25 ng/ml PCP(Phencyclidine) 5 ng/ml Barbiturates 50 ng/ml Pregabalin 1000 ng/ml One sample per cartridge Benzodiazepines 20 ng/ml TCA(Tricyclic Anti-depressants) 60 ng/ml Buprenorphine 2 ng/ml THC(Cannabinoids) 10 ng/ml EtG(Ethyl Glucuronide) 500 ng/ml Tramadol 5 ng/ml Fentanyl I ng/ml a-PVP 5 ng/ml Assay Cut-Off Assay Cut-Off 6-MAM 10 ng/ml JWH-018(Synthetic Cannabinoids) 20 ng/ml Urine I AB-PINACA 2.5ng/ml Methadone 300ng/ml Cat.No.EV4193 Amphetamine 200 ng/ml Methamphetamine 200 ng/ml Time to Result: 19 minutes BZG(Cocaine Metabolite) 150 ng/ml Opiate 200 ng/ml Qualitative Panel Barbiturates 200 ng/ml Oxycodone 50 ng/ml Benzodiazepines I 150 ng/ml TCA(Tricyclic Anti-depressants) 150 ng/ml One sample per cartridge Benzodiazepines II 150 ng/ml THC(Cannabinoids) 20 ng/ml Buprenorphine I ng/ml Tramadol 5 ng/ml Creatinine 20 mg/dl UR-144(Synthetic Cannabinoids) 10 ng/ml EtG(Ethyl Glucuronide) 750 ng/ml a-PVP 5 ng/ml Fentanyl 2 ng/ml - A—y Cut-Off Assay Cut-Off 6-MAM 10 ng/ml Methadone 300 ng/ml Urine 11 AB-CHMINACA 10 ng/ml Methamphetamine 500 ng/ml Cat.No.EV4292 AB-PINACA 3 ng/ml Opiate 300 ng/ml Time to Result: 19 minutes Amphetamine 500 ng/ml PCP(Phencyclidine) 25 ng/ml Qualitative Panel BZG(Cocaine Metabolite) 300 ng/ml Pregabalin 300 ng/ml Barbiturates 200 ng/ml TCA(Tricyclic Anti-depressants) 150 ng/ml One sample per cartridge Benzodiazepine 200 ng/ml THC(Cannabinoids) 50 ng/ml Creatinine 20 mg/dl Tramadol 20 ng/ml EtG(Ethyl Glucuronide) 750 ng/ml UR-144(Synthetic Cannabinoids) 10 ng/ml Fentanyl 2 ng/ml a-PVP 5 ng/ml Assay Cut-off A—y Cut-Off AB-CHMINACA 5 ng/ml Dibutylone 2 ng/ml N PS M u Iti STAT AB-FUBINACA 10 ng/ml Etizolam 1.5 ng/ml AcetylFentanyl I ng/ml FUB-AMB 2 ng/ml Cat.No.EV4391 ADBICA(5F-ADB) 10 ng/ml Fentanyl I ng/ml Time to Result:20 minutes a-PVP 1.5 ng/ml MDMB-CHMICA 10 ng/ml Qualitative Panel Benzylpiperazines 3.5 ng/ml Mephedrone 1.5 ng/ml One sample per cartridge Carfentanil I ng/ml Mitragynine I ng/ml Matrices:Urine Clonazepam 1.5 ng/ml NBOMe I ng/ml Creatinine 20 mg/di Phenylpiperazines 5 ng/ml CUMYL-PICA 17.5 ng/ml U-47700 1.75 ng/ml Sample Types Blood • Matrix dedicated kit for blood ensures optimum performance • Sample collection should be carried out in accordance with the collection tube manufacturer's recommendations • 200 µl sample volume required Urine Dedicated kit for urine with the most appropriate cut-off Detection of both parent and metabolite drug • 200 µl sample volume required • No Sample Preparation *Disclaimer:Our qualitative panels run on single sample cartridges. Semi-Quantitative Results • Results`are displayed on a 15.6"touch screen. • Results'can be saved on the MultiSTAT, printed, exported via USB or connected to a LIMS system. Sample 1 Semple 2 Result: Valid User Name: Cartridge ID: 85047 Array Name: Date Run: 28/10/2021 10:28 Sample ID: Barcode: MTX0100201412204123456, Analyte Concentration Cutoff Units Result Analyte Concentration Cud MAMP 8.66 500.00 ng/ml negative DMP 03 20.i MDMA <9.17 500.00 ng/ml negative MDONE <2.1 30( AMPH 521.04 500.00 ng/ml POSITIVE(B) BZG 184.89 15( TCA <1.37 150.00 ng/ml negative MPB 5.54 50( 6MAM <0.28 10.00 ng/ml negative TRM <2.69 30( OPIAT 4.13 200.00 ng/ml negative FENT 0.07 1.0 OXYC <0.02 100.00 ng/ml negative BUP >35 1.0 BENZ1 >1228 100.00 ng/ml POSITIVE PPX 3.48 30( BARB <11.71 200.00 ng/ml negative PCP <0.38 25! THC 68.31 50.00 ng/ml POSITIVE Basic Search Advanced Search 'Disclaimer:qualitative results will not display a concentration rdx.service Batch Calibration Date: 21/10/2021 14:48 ToxPlex Urine Batch Calibration ID: 85036 Sample 1 off Units Result Analyte Concentration Cutoff Units Result 00 ng/ml negative ZOL <0.43 20.00 ng/mI negative ).00 ng/ml negative KET 361.4 300.00 ng/mI POSITIVE ).00 ng/ml POSITIVE HAL <0.68 50.00 ng/ml negative ).00 ng/ml negative MTQ <3.04 300.00 ng/mI negative ).00 ng/ml negative PGB <53.93 1000.00 ng/ml negative D ng/ml negative CREAT 22.05 20.00 mg/dl unadulterated D ng/ml POSITIVE ETG <188.97 1000.00 ng/ml negative ).00 ng/ml negative ACE <4.23 50.00 ug/ml negative DO ng/ml negative SAL <11.72 50.00 ug/ml negative Site Reference 10 Mpg 4, King County Medical Examiner's Office P;:- 04, Washington, USA "The King County Medical Examiner's Office has implemented rapid urine and blood toxicology screening in conjunction with comprehensive toxicology testing.[...]To move toward a goal of near real-time drug surveillance,the office researched the effectiveness of screening techniques to identify and report probable overdose deaths[.] Blood samples are tested using an Evidence MultiSTAT (Randox®)automated immunoanalyzer[.] King County's process for identifying possible drug overdoses and streamlining death certification has proved to add value. Based on the positive results [...]the King County Medical Examiner's Office is continuing this practice and leveraging screening data for near real-time monitoring and drug surveillance:' Shute R,Bollinger K,Tucker M,and Ropero-Miller JD.(2021).Use of rapid toxicology screening tools in medical examiner/coroner offices.U.S.Department ofJustice,National Institute ofJustice,Office of Investigative and Forensic Sciences. King County's process for identifying possible drug overdoses and streamlining death certification has proved to add value. 717 Evidence MultiSTAT Technical Snapshot Dimensions 585 (H) x 535 (D) x 570 (W) mm Weight 48 kg, 106lbs Analyser Description Fully automated Biochip Array analyser Biochip Format Cartridge based system—assay reagents sealed in a pre-filled cartridge Data Back-up Methods Data export functionality Measurement Principal Competitive techniques with chemiluminescent reaction Accreditation CE marked & Health Canada Approved Sample Loading Single cartridge loading bay Randox Toxicology 55 Diamond Road,Crumlin,Co Antrim,United Kingdom,BT29 4QY T+44(0)28 9442 2413 E info@randoxtoxicology.com I rand oxtoxicoIogy.com ES 0003 Randox Toxicology is a company registered within Northern Ireland with Company Number NI 069074.VAT Registered Number:GB 151 682708.Product availability may vary from country to country. nosnP 5s54s5 Some products may be for Research Use Only.For more information on product application and availability,please contact your local Randox Representative. MENEM Evidence MultiSTAT to Aid in Overdose Practices Charleston County Coroner's Office The Evidence MultiSTAT will provide immediate drugtesting results and real- time data to the coroner's office,law enforcement and medical providers. This information will be used to impact the opioid epidemic with real-time z data as it relates to fatal drug overdoses. ❑� ••,�ti, ❑� "So currently,if we ore conducting on autopsy,we'll take a blood sample and we , send it off to a forensic lab,and it will take us six to eight weeks.To get those results back,"O'Neal explains. �•FI In less than half an hour, using less than a milliliter of blood, the MultiSTAT can scan for traces of 21 drugs.Charleston Coroner Bobbi Jo ❑� - •' .7'. O'Neil says the technology is revolutionary. King County Medical Examiner's Office "The King County Medical Examiner's Office has implemented rapid urine and blood toxicology screening in conjunction with comprehensive toxicology testing. [...] To move toward a goal of near real-time drug surveillance, the office researched the effectiveness of screening techniques to identify and report probable overdose deaths[.] Blood samples are tested using an Evidence MultiSTAT(Randox®) automated immunoonalyzer[.] King County's process for identifying possible drug overdoses and streamlining death certification has proved to add value. Based on the positive results [...] the King County Medical Examiner's Office is continuing this practice and leveraging screening data for near real-time monitoring and drug surveillance" Shute R,Bollinger K,Tucker M,and Ropero-Miller jD.(2021).Use of rapid toxicology screening tools in medical examiner/coroner offices.U.S.Department ofjustice,National Institute ofjustice,Office of Investigative and Forensic Sciences. USA MultiSTAT Flyer-FEB23 V2.1ndd 1 09/02/2023 15:53 USA MultiSTAT Placements UL,I,o T NEW HAMPSHIRE �MASSACHUSETTS -RHODE ISLAND CONNECTICUT ASKA ® ® FRSEY OELAWARE -;,ND HAWAII 11, 0 Seattle Area 1 • Central Colorado © Seattle Area 2 0 North West Ohio © Southern Washington 1 0 North East Ohio 0 Seattle Area 3 0 Arizona © Eastern Washington 1 0 South Carolina 0 Eastern Washington 2 0 Central Texas 0 Southern Washington 2 0 Northern Minnesota 0 Central Washington 0 Tulsa 0 Southern California 1 0 Oklahoma City 0 Southern California 2 0 Jackson,Mississippi USA MultiSTAT Flyer-FEB23 V2.indd 2 09/02/2023 15:53 Forensic og A program of - National Institute . IN-BRIEF v Use of Rapid Toxicology Screening Tools in Medical Examiner/Coroner Offices WowOpp- "We sit at the intersection of public health and law enforcement. Reliable in- 0 house toxicology testing, even when not used to complete and sign death CD loll certificates, offers timely information for Q the decedent's family, which is very valuable for them." —Dr. Richard Harruff, Chief Medical Examiner, pluk, King County Medical Examiner's Office Background Objectives All medical examiner/coroner(ME/C)offices must make difficult ► Identify potential opportunities for decisions when allocating resources for timely,complete medicolegal use of rapid in-house toxicology death investigations. In some cases,toxicological analysis of a screening tools in ME/C offices, decedent's biological specimens(e.g., blood, urine,tissue)can help based on practitioner feedback (C) determine cause and manner of death.A comprehensive toxicology work-up plays a key role in cases where an ME/C may suspect a drug- ► Discuss how these immunoassay- CD related death due to substances found with the decedent at the time based tools can provide timely n of death,their medical history and presentation,age,or additional information to support death information provided by family or acquaintances. Offices may investigations and public health I leverage an in-house laboratory,state or local crime laboratory,or surveillance 0 private contracted laboratory for their testing needs. 0 ► Outline the realities and limitations (Q Long turnaround times for comprehensive,confirmatory toxicology of current rapid toxicology screening 11< testing may delay the death certification process.Although the 2017 tools in ME/C offices National Forensic Laboratory Information System (NFLIS) Medical Examiner/Coroner Office Survey reports that average turnaround time to complete a case is 31 days,'this figure includes cases with and without toxicology testing.Anecdotal evidence indicates that death certifications may be delayed weeks or longer because of toxicology CD CD testing,and accreditation requirements illustrate the potential ranges W of toxicology testing windows. Both National Association of Medical Examiner(NAME)z and the International Association of Medical Examiners and Coroners(IACME)3 consider 90%of toxicology l J 'U.S.Drug Enforcement Administration,Diversion Control Division.(2018).2017Medicol Examiner/Coroner Office Survey Report. https://www.nfl is.dea d iversion.usdoi.Rov/nfl isdata/docs/NFLIS-M ECSu rveyReport.pdf 2NAME.(2018,November 1).NAME inspection and accreditation checklist,autopsy facilities accreditation,Second Version. QQ https://name.memberclicks.net/assets/docs/NAME%20Accreditation%20Autopsy%2OFacilities%2OChecklist%202019%20-%202024.pdf CD 'lACME(n.d.).IACME accreditation requirements.https://cdn.vmaws.com/theiacme.com/resource/resmar/files/standards - site version.pdf W Published November 2021 1 NIJ Forensic Technologyof Use of Rapid Toxicology Screening Tools in Medical 0 OV/ Exam i ner/Coroner Offices examinations completed within 60 and 90 days of case submission as a minimum for accreditation.Testing delays are further Cn complicated by systemic issues that pressure ME/C operations, like the shortage of available forensic pathologists and the rising � caseloads caused by increasing drug-related deaths from opioid abuse and emerging drug threats.','Faced with resource challenges, ME/C offices need tools to help them make timely, informed decisions for medicolegal death investigations and to =- support public health drug surveillance. Offices struggling with large caseloads have started to investigate the use of in-house (Q toxicology screening tools to help address these challenges. Rapid Toxicology Screening as a Potential Tool for the ME/C Office O The ME/C community has started to look to a variety of tools and approaches to help them effectively deal with increasing casework and limited personnel. Rapid screening techniques may be used during external examinations or at autopsy,followed by Qcomprehensive toxicological testing to verify positive screening results and to streamline the process of death investigation. 0Q Although screening techniques in the toxicology laboratory may include sophisticated instruments such as gas (D chromatography/mass spectrometry, liquid chromatography/mass spectrometry,or high-resolution mass spectrometry systems, this brief focuses on potential opportunities for simpler, lower-cost toxicology screening that can be used by ME/C offices, mostly Din the form of immunoassay screening to inform the investigation. Most diagnostic immunoassays in in ME/C offices are used for urine, in the form of inexpensive dipsticks,cups,or strips that can detect one or more drugs or drug classes.These products < typically cost between$5-10 for a single use assay and can be read in less than five minutes. Biochip assays using blood are used in 0) toxicology laboratories and can be leveraged by ME/C offices;these devices may cost tens of thousands of dollars in addition to D regular consumable costs.While biochip assays can detect more drugs and drug classes in one sample,they require a longer test 0. time (roughly 20 minutes).These screening techniques can be used in a variety of ways to alleviate backlogs, help offices make 1 informed decisions,and identify useful information during a death investigation. However,despite the advantages,the sensitivity, (Q specificity, and effectiveness of these tool are limited,constraining their use in casework.'Informed by interviews of ME/C offices, this brief captures potential opportunities and implementation strategies for rapid toxicology screening tools. Q 0 Potential Opportunities for Screening Tools* Realities of Screening Tools � • Inform the death certification process • Limited specificity of screening tools:follow- : and pending case backlogs up comprehensive toxicology screening and • Inform ME/C offices during the testing is necessary O investigative stage • Lack of alignment with current products and QQ • Provide timely information for external ME/C screening needs;there is opportunity stakeholders, including family and public for growth D health and public safety communities • Limited return on investment in well- • Monitor drug trends in near real-time resourced ME/C offices Qand inform budget needs (D *As screening tools,these should be used alongside, not in place of,traditional toxicology workflows. lJ 4National Institute on Drug Abuse.(2021,July 1).Opioid overdose crisis.National Institutes of Health.https://www.drugabuse.gov/drug-topics/opioids/opioid- overdose-crisis 5Morrow,J.B.,Ropero-Miller,J.D.,Catlin,M.L.,Winokur,A.D.,Cadwallader,A.B.,Staymates,J.L.,Williams,S.R.,McGrath,J.G.,Logan,B.K.,McCormick,M.M., Nolte,K.B.,Gilson,T.P.,Menendez,M.J.,&Goldberger,B.A.(2019).The opioid epidemic:Moving toward an integrated,holistic analytical response.Journal of Analytical Toxicology,43,1-9.https://doi.ore/10.1093/*at/bkvO49 (Q 'Davis,G.G.,Cadwallader,A.B.,Fligner,C.L.,Gilson,T.P.,Hall,E.R.,Harshbarger,K.E.,Kronstrand,R.,Mallak,C.T.,McLemore,J.L.,Middleberg,R.A., Middleton,O.L.,Nelson,L.S.,Rogalska,A.,Tonsfeldt,E.,Walterscheid,J.P.,&Winecker,R.E.(2020).Position paper:Recommendations for the investigation, diagnosis,and certification of deaths related to opioid and other drugs.American Journal of Forensic Medicine and Pathology,41(3),152-159. https://do i.ore/10.1097/PAF.0000000000000550. Published November 2021 2 NIJ Forensic Technologyof Use of Rapid Toxicology Screening Tools in Medical 0 OV/ Exam i ner/Coroner Offices Potential Opportunities for Rapid Toxicology Screening Tools :37 Screening tools may be used in multiple applications in an ME/C office. Depending on the office,screening results may be included 0) in reports, but with significant safeguards(e.g., details on a death certificate are amended if comprehensive toxicology workups M. disagree with screening results). However,screening tools can provide investigative intelligence,streamline workflows,and = inform decisions regarding resource allocations. The purpose of screening tools is to help triage cases rather than replace the use (Q of laboratory-based toxicology confirmation testing,and they may be used for many decisions as summarized below. IInform the Death Certification Process and Pending Case Backlogs O When a drug-related death is suspected during a medicolegal death investigation,the ME/C office will order toxicology testing to identify whether a drug was present in the decedent to help determine if a substance caused or contributed to the cause of death. Interviewees indicated that this testing may take roughly 10 weeks or longer,depending on the caseload of the laboratory Q executing the tests. Death certifiers,therefore, must find strategies to either work with the delays or find ways to reduce delays. QQ The increase in time for completion of cause of death on a death certificate has numerous downstream effects for investigations (D or families of decedents. Implementing rapid toxicology screening techniques at the ME/C office in addition to traditional — laboratory-based screening and confirmation testing helped the King County Medical Examiner's Office reduce death certification Dtimes while dealing with the realities of long comprehensive toxicology turnaround times(as shown on pages 6-7). Q < Inform MEIC Offices During the Investigative Stage 0) Across large and small ME/C offices, allocating limited resources is a key challenge.The National Association of Medical Examiners n (NAME) recommends that any suspected drug-related death undergo a full autopsy and toxicology workup; however, personnel and funding constraints may limit offices to conducting external examinations. In some cases, no examination of the remains is �- conducted beyond examination at the scene. Medicolegal death investigation personnel face the reality of allocating autopsies and toxicology testing where they may provide the most value. Resource allocation inherently carries risk:offices may miss opportunities where autopsies reveal key insights that might suggest that factors other than drugs may have contributed to a CD suspected overdose case. ME/C offices often rely on multiple approaches to mitigate this risk in making resource allocations.These =7 may include"risk analysis"calculators or tools like rapid toxicology screening techniques to provide a presumptive or"diagnostic" —1 perspective.The NAME position paper, Recommendations for the Investigation,Diagnosis,and Certification of Deaths Related to O Opioid and Other Drugs,suggests that pathologists consider information like hospital antemortem drug screens in their 0 evaluation,and notes that some forensic offices may employ urine screening tools to assess cases for the presence of drugs. (Q During this investigative stage,these screening products may be used in many different approaches to help make decisions. 1< External Examination with Toxicology Screening DME/C offices may use rapid screening,often with urine dipsticks,as a screening for cases where overwhelming evidence points to Q a drug-related death:for example,the decedent presents with evidence of drug usage(paraphernalia or expressed drug use Q history), no other relevant medical history,and no evidence of foul play.This toxicological screen is taken during an external -13 examination; if the urine screen suggests potential drug use that led to an overdose,the ME/C office then proceeds with a U) comprehensive toxicology work-up but does not proceed with autopsy.This approach does not align with NAME's (n recommendation to conduct autopsies for each suspected drug overdose case and may not enable offices to capture the full =- sequalae of drug-related death complications.Without an autopsy, investigators may miss important details that may suggest the (Q cause and mechanism of death,which is valuable not only to the case but to public health entities. However,this may be a 0 necessary strategy to deal with large caseloads and sparse resources.'This approach may also be used in cases where the =37 decedent has a religious exemption to autopsy. Q I CC 7 Davis,G.G.,Cadwallader,A.B.,Fligner,C.L.,Gilson,T.P.,Hall,E.R.,Harshbarger,K.E.,Kronstrand,R.,Mallak,C.T.,McLemore,J.L.,Middleberg,R.A., Middleton,0.L.,Nelson,L.S.,Rogalska,A.,Tonsfeldt,E.,Walterscheid,J.P.,&Winecker,R.E.(2020).Position paper:Recommendations for the investigation, (n diagnosis,and certification of deaths related to opioid and other drugs.American Journal of Forensic Medicine and Pathology,41(3),152-159. https://doi.orit/10.1097/PAF.0000000000000550. Published November 2021 3 ForensicNIJ • • • of Use of Rapid Toxicology Screening Tools in Medical IFow Exam i ner/Coroner Offices Triage to Inform Testing During an Autopsy W Although screening tools may help relieve ME/C offices of autopsy burdens associated with drug-related deaths,some offices may � proceed with autopsies for suspected drug-related deaths in accordance with NAME recommendations.These offices can use urine screening as a triage tool to help inform additional tests during the autopsy. For example, if a urine screen on a suspected =• drug-related death is negative,the ME/C may consider conducting additional tests or collecting additional specimens outside of (Q the standard examination,such as additional sections of vital organs, histology testing,or metabolic and genetic testing. Results of these screening tests are not shared on reports and do not impact whether comprehensive toxicology testing is ordered, but they may help suggest potential testing directions that could provide value to ME/C offices and public health. C Screening for Potential Drug-Related Deaths _ Rapid toxicology screening tools may help ME/C offices identify instances of drug-related deaths in cases where a drug-related (p death is not entirely apparent. Comprehensive toxicology testing is not part of every death investigation: it might not be used in Q cases where there is no medical history or anecdotal evidence that may suggest that the individual is a drug user. In this case,a Q negative screen could rule out possible intoxication and may be used to certify death as a natural cause without an autopsy. CD Positive screening results may also suggest the need for further toxicology testing and may also help in cases where they are considering whether drugs may have played a role in the individual's death. ME/C offices must be diligent in ensuring execution of Dappropriate death investigation procedures while being mindful of realistic resource limitations.Toxicology screening tools can help these offices make informed decisions about allocating these resources. Providing Timely Information to Stakeholders in Death Investigation nME/C offices must interact with a variety of stakeholders during a death investigation.Stakeholders can range from law enforcement officers, public health and public safety communities to the family of the decedent.Although the type of information required by each stakeholder group may vary,all stakeholders stand to benefit from receiving accurate information as quickly as possible. In the case of law enforcement officers, more rapid delivery of information ensures they can conduct their investigation (D in an accurate and timely fashion.Additionally, law enforcement officers can use insights from individual cases to improve 0 assumptions and situational awareness for other parallel or subsequent investigations(e.g., new opioid resulting in a spike in drug- :37 related deaths in an area). oIn addition to law enforcement officers,the family of a decedent has their own set of requirements as stakeholders.The family of a Odecedent needs a death certificate,which helps them close out the individual's accounts, process insurance claims,and ultimately help them process their loss emotionally. ME/C offices may"fast-track" preliminary death certificates using data from rapid toxicology screening tools(and revise at a later stage if changes are needed after the comprehensive toxicology workup),which provides closure on a shorter timescale than waiting for traditional toxicological testing. Even if this information is not used for Dformal ME/C reports, it can provide important information to the families. Q Monitoring Drug Trends in Near Real-Time and Informing Budget Needs Q (D The information age has ushered in a new era for how communities approach the collection and use of data to inform decisions. (D This reality has become especially true for the members of the ME/C community and the demand for real-time data on deaths, (n especially considering extreme circumstances like natural disasters,the COVID-19 pandemic,and the opioids epidemic. Needs for near real-time drug surveillance drove King County I• Rapid toxicology screening tools may help capture data that Medical Examiner's Office in Washington State to pilot �^ inform ME/C offices of drug trends. Multiple experts in the toxicology screening techniques to collect useful data in ME/C community commented on how these rapid tests could suspected cases of drug-related deaths.The office enters =37 be used to provide informed numbers of drug-related deaths toxicology screening results from blood or urine tests in their 0)_ quickly. Near real-time data are not only valuable to the public Overdose Surveillance Database,and regularly disseminates (� and the public health community, but also help inform ME/C this information to a network of 17 federal,state,and local offices on current and future caseloads.These data may be agencies across law enforcement and public health. used to understand resource needs for budgets and staffing. CD U) Published November 2021 4 ForensicNIJ • • • of Use of Rapid Toxicology Screening Tools in Medical IFOW Exam i ner/Coroner Offices These rapid tests can also help illuminate research paths that can result in findings that have significant utility to the ME/C community.Specifically, many of the improvements revolved around the comprehensiveness of the investigation process and :37 ensuring there are no misclassifications of cause of death. Presumptive testing may help reduce the number of drug-related deaths overlooked each year by providing a qualitative screen to suggest further testing is required. Data comparing toxicology screening =• results to confirmatory toxicology workups may also help improve upon current presumptive techniques in different situations (Q (e.g., blood and urine samples from decomposed decedents). For example, researchers from the John Jay College of Criminal T Justice(The City University of New York),the Office of the Chief Medical Examiner,San Francisco,and University of California evaluated the Alere iCup DX 14 point-of-care urine screen test results against comprehensive toxicology testing results for O postmortem urine samples.The study noted iCup sensitivity across 14 drug classes ranged from 66%to 100%,and specificity for each class ranged from 89%to 100%.1 (p The potential for rapid test application is not exclusive to the products Q in the current marketplace.The need to establish new, more The NIJ's Forensic Science Research and comprehensive testing modalities that enable robust measurement of Development Technology Working Group, postmortem fluid samples has been a growing area of research.One identifies areas of operational needs, informed example of related National Institute of Justice-supported efforts is by forensic practitioner stakeholders across local, Dthe development of a microfluidic device that enables the field state, and federal laboratories,as well as private screening of cocaine and methamphetamine in oral fluid from Florida laboratories. One operational requirement is < International University(NIJ Award 2013-DN-BX-K032). Researchers "Development of presumptive tests(rapid, are also looking to create rapid and robust testing protocols for accurate,and nondestructive)for evidence 0 postmortem body fluid samples, using methods like liquid analysis and interpretation at the scene and in —1 chromatography/mass spectrometer/mass spectrometer(2006-DB- the morgue/lab." Use of currently available QQ BX-KO15) and solid phase microextraction (2003-IJ-CX-K002).There is presumptive drug tests in the ME/C office may potential to develop these technologies further and move them to the ultimately drive continuous improvement and (D field and the ME/C space to encourage postmortem testing for a adoption of these tools. 0 myriad of drugs. O O D CL 13 CD U) cn c� 0 v c� 8 Towler S,Concheiro M,Pearring S,Rodda LN.Evaluation and applicability of Alere iCup DX 14 for rapid postmortem urine drug screening at autopsy.J Forensic Sci.2021 Jan;66(1):375-382.doi:10.1111/1556-4029.14577.Epub 2020 Oct 6.PMID:33022072. Published November 2021 5 NIJ Forensic Technologyof Use of Rapid Toxicology Screening Tools in Medical 0 OV/ Exam i ner/Coroner Offices Cn The King County Medical Examiner's Office Uses Rapid Testing Alongside Comprehensive Toxicology =7 Testing to Decrease the Burden of Extended Turnaround Times. IDr. Richard Harruff is the Chief Medical Examiner and Dr. Nicole Yarid is an Associate Medical Examiner for the King County 5' Medical Examiner's Office in Washington State. cc The King County Medical Examiner's Office has implemented using One Step Detect Multi-Panel Forensic Test /♦ rapid urine and blood toxicology screening in conjunction with (DrugTestKitUSA°) urine cups.The office also collects and O comprehensive toxicology testing. Implementation of this tests drug evidence from a death scene investigation using a 0 technology was driven by a lack of up-to-date information on TruNarc(Thermo Scientific) Raman spectrometer, a ResQ drug-related deaths;the state laboratory had an up to 8- (Rigaku) Raman spectrometer, and a MX908(908devices) month turnaround time for comprehensive toxicology results, portable mass spectrometer.10 If agreement between the two 0and statewide drug death statistics were around two years screening tests points to likelihood of acute drug toxicity,the old.To address these issues and move toward a goal of near death certificate is issued as an acute drug toxicity case. In _ real-time drug surveillance,the office researched the addition to using these screening techniques within the ME/C D effectiveness of screening techniques to identify,and report office,the King County Medical Examiner's Office also sends probable overdose deaths and ultimately implemented this samples to the Washington State Patrol Laboratory for < workflow to streamline death certification. comprehensive toxicology screening and confirmation testing. To prioritize cases as"probable overdoses"for rapid Any discrepancies between the comprehensive work-up and toxicology screening:the decedent must meet at least two screening results within the ME/C office are amended on the 0.I conditions,shown below.' completed death certificate. For King County pathologists to consider a case as a Medicolegal death investigators in King County follow "probable overdose,"at least two of these conditions a series of steps for death certification in probable CD should apply: overdose cases: 1. Respond to death scene,collect evidence. —1 intent alternative cause of death apparent/note of 2. Conduct autopsy,with collection of blood, O intnt ent urine, other samples for toxicology testing. 2. Clinical symptoms of drug overdose described by 0 investigator 3. Use method to prioritize cases of"probable 4 . proximal drug use overdoses' (see above) 3. Suspected illicit drug substance present/reported . Test urine or bloodabove). samples using rapid �D 4. Suspected illicit drug paraphernalia present toxicology for cases meeting conditions of probable drug overdose. 5. Prescription medication over-utilized 5. Send samples to toxicology lab for 0- 6. History of prior acute or illicit drug use(with confirmatory testing. Q overdose risk) 13 6. Issue death certificate as acute drug toxicity (p 7. Valid hospital toxicology test result case if there is agreement in rapid tests. (n 8. Investigator/police report it as possible drug 7. Amend results based on confirmatory (n overdose,or other indication of overdose toxicology testing, if necessary, on completed �- identified by medical examiner death certificate. ^ Cases meeting these conditions are subject to in-house blood King County's process for identifying possible drug overdoses =37 and urine testing from samples collected at autopsy. Blood and streamlining death certification has proved to add value. samples are tested using an Evidence MultiSTAT(Randox°) During their initial study, 301 of 309 suspected overdose automated immunoanalyzer,and urine samples are tested deaths that would have been delayed by confirmatory 'Yarid,N(2018).NAME Annual Meeting Presentation:Protocol for"Real-Time"Surveillance of Drug Overdose Deaths in King County,Washington. https://www.the na me.o rg/assets/2018Ha ndouts/1.4%20-%2OYa rid%2C%2ON icol e.pdf W 10 The companies and technologies detailed in this brief were used by King County Medical Examiner's office.Neither DOJ,NIJ,nor FTCOE endorse or advocate for any of these products. Published November 2021 6 NIJ Forensic Technologyof Use of Rapid Toxicology Screening Tools in Medical 0 OV/ Exam i ner/Coroner Offices toxicology testing were accurately certified based on results sensitivity ranging from 85%to 100%.The specificity of the W from the Randox blood tests,and only eight required removal tests ranged from 86%to 98%. During the study period,the :37 of a drug from the final death certificate(all eight were interval between postmortem examination to certification of correctly certified as overdose deaths).The Randox instrument death because of overdose dropped from 75 days to 31 days. �- can screen for 20 different drugs and drug classes,11 whereas Based on these positive results and their strong collaborative (Q the One Step urine cup is able to screen for 14 different drugs relationship with the Washington State Patrol toxicology and and drug classes;"as screening tools,these tests do not cover crime laboratories,the King County Medical Examiner's Office the full range of possible drugs but can be used for some novel is continuing this practice and leveraging screening data for O psychoactive substances.The Randox results from the blood near real-time monitoring and drug surveillance. test samples, relative to the ground truth measurements, had CD Q_ Lessons Learned CQ CD • Collaboration across stakeholder groups is key for implementing new workflows. Buy-in from the Washington State Patrol enabled a successful and informative pilot study. D • Though screening techniques can be used to help streamline and make decisions,they should be used alongside(and not in place of)confirmatory toxicology testing. Realities of Using Rapid Toxicology Tools in MEIC Offices -- Although screening tools could play a role in multiple applications across workflows,they are not widely adopted by ME/Cs,or their (Q use is experimental. Offices are often hesitant to implement screening tools into practice for numerous reasons, recognizing the technical limitations of these testing methods,gaps in currently available screening tools,and the varied return on investment. CD Limited Scope of Presumptive Screening Tools � ME/C offices recognize the role of these tools as presumptive or"diagnostic"screening tools and are often hesitant to use them as —1 anything beyond an informative, internal tool.As rapid screening tools, blood and urine immunoassays have limited sensitivity and Q specificity compared with confirmatory toxicology testing. Because of the threshold nature of the assay,these methods only 0 provide the reliable,qualitative, binary data regarding whether a drug or drug class is present in the sample at or above a (Q particular cutoff concentration.Although some blood immunoassay screens test for specific drugs, urine screening tools often are limited to drug classes,which lack the specificity recommended by the Centers for Disease Control and Preventions'Vital Statistics Reporting Guidance." QCurrent NAME guidelines,outlined in the 2020 NAME position paper, Recommendations for the Investigation,Diagnosis,and Q_ Certification of Deaths Related to Opioid and Other Drugs, do not reference screening tools as means to handle large numbers of CDsuspected drug deaths,and certain uses like screening in lieu of autopsy do not align with the NAME recommendation to conduct W an autopsy on every suspected drug-related death. However,the guidance document suggests considering information like (n antemortem toxicology screening results(e.g.,from hospital admission)and acknowledges that some offices may employ rapid urine screening tests to assess cases in the morgue.The paper notes that"screening tests alone offer generally incomplete (Q evidence,are subject to false positives,and are thus inadequate for establishing a cause of death,"and recommends a 0 comprehensive toxicological analysis to inform ME/C offices on controlled and illicit substances that may have contributed to (D 11 The full test menu for the Randox MultiSTAT can be found at 13National Center for Health Statistics.(2019).Vital statistics reporting I https://www.randoxtoxicoloay.com/wp- guidance:A reference guide for completing the drug certificate for drug content/uploads/2020/06/LT650TOX-MultiSTAT-JAN20-LQ.pdf toxicity deaths(Report No.2).U.S.Department of Health and Human Services, 12 The full test menu for the One Step Detect Multi Panel Forensic Test can be Centers for Disease Control and Prevention,National Vital Statistics System U) found at https://www.Istepdtx.com/product/multi-panel-forensic-test-cup- https://www.cdc.itov/nchs/data/nvss/vsrs/vsrRO2-508.pdf 10- ack-2 Published November 2021 6 • • ForensicNIJ • • • of Use of Rapid Toxicology Screening Tools in Medical Exam i ner/Coroner Offices death.14 The 2017 NAME position paper, Recommendations for the Definition, Investigation,Postmortem Examination,and W Reporting of Deaths in Custody,advises refraining from issuing preliminary results related to suspected drug intoxication. Q) False negatives and false positives are realities of screening tools,and many offices feel uncomfortable using screening results on a M. death certificate without appropriate safeguards, even if they are pending. For example, King County Medical Examiner's Office = uses drug screening at autopsy, but in parallel,sends samples to the Washington State Patrol Laboratory for screening and confirmation.This allows for a more rapid death certification, and near real-time drug surveillance but also makes sure to confirm drug conclusions from the screening at autopsy. 0 Lack of Alignment of Current Products to Fit MEIC Screening Needs Feedback from the ME/Cs routinely featured hesitancy concerning the current state of technology available in the rapid testing space. Compared to urine, blood provides the most accurate indication of drugs that may have contributed to an individual's death Q and is typically available in decedents.Though preferred for screening, most blood immunoassay screening devices are large, (Q expensive instruments(often tens of thousands of dollars,compared to single-use urine dipstick tests that cost a few dollars each) (D that may require training and maintenance. ME/Cs would find a dipstick-style test for blood valuable for screening purposes but — are currently limited to urine-based dipstick tests. Development of inexpensive,simple blood tests may drive adoption in the Dfuture.Validation and pilot studies should be conducted anytime a new tool is implemented, and ME/C offices can lean on Q qualitative screening method validation recommendations for toxicology. In addition, ME/C offices must understand whether < implementation of such screening tools impact current or future IACME and NAME office accreditation, in accordance with their guidelines. n Limited Return on Investment in Some ME/C Offices 1 As screening tools, use of these methods in ME/C workflows should be followed by comprehensive toxicology testing at a laboratory when appropriate.The return on investment, however, may not be high in well-resourced ME/C offices that have access to comprehensive toxicology resources with low turnaround times,whether in-house or contracted. In offices where CD resource allocation decisions are easier,these tools may be redundant and offer limited value. 0 g Summary 0 0 ME/C offices need to make difficult resource allocation decisions,which are increasingly complicated by drug-related deaths from the opioids epidemic and continuous emerging drug threats,workforce shortages,and long turnaround times for toxicology testing and death certification. Rapid toxicology screening tools,such as urine and blood immunoassays,can provide useful information that may help inform pending death certifications,enlighten decisions during medicolegal death investigations(in accordance with Doffice policies), and inform families of decedents,and other stakeholders interested in near real-time surveillance data. Despite Q experimentation with these methods by some ME/Cs, users agree that the technology is not mature enough or analytically reliable Q enough to replace traditional toxicology.Although an informative tool,these screening tests are presumptive and must be treated as such;their sensitivity and specificity are lower than comprehensive toxicology testing,and few on-market screening products fit U) the needs of ME/C offices. Implementation of these screening tools is not a "silver bullet" in addressing systemic workforce and (_n resource issues.These tools may have more use in helping address long turnaround times in smaller, resource-challenged offices. lJ I 14 Davis,G.G.,Cadwallader,A.B.,Fligner,C.L.,Gilson,T.P.,Hall,E.R.,Harshbarger,K.E.,Kronstrand,R.,Mallak,C.T.,McLemore,J.L.,Middleberg,R.A., Middleton,O.L.,Nelson,L.5.,Rogalska,A.,Tonsfeldt,E.,Walterscheid,J.P.,&Winecker,R.E.(2020).Position paper:Recommendations for the investigation, U) diagnosis,and certification of deaths related to opioid and other drugs.American Journal of Forensic Medicine and Pathology,41(3),152-159. https://doi.org/10.1097/PAF.0000000000000550. Published November 2021 8 TechnologyNIJ Forensic Visit us at f in • . . 1866.252.8415 RTI International • 3040 E.Cornwallis Road PO Box 12194, Research Triangle Park, NC 27709 USA #FTCoE Published November 2021 Cn Acknowledgments More Information � Thank you to the following experts for providing their insights to this document: FTCoE Contact Jeri Ropero-Miller,PhD,F-ABFT • Dr. Richard Harruff and Dr. Nicole Yarid, King County Medical Examiner's Director,FTCoE,RTI International Office,Washington. 0erimillera(D.rti.org • Dr. Luke Rodda,Office of the Chief Medical Examiner, City and County of NIJ Contact San Francisco,California. Jonathan McGrath,PhD,MSFS Senior Policy Analyst • Dr.Jeffrey Johnston, Maricopa County Office of the Medical Examiner, Office of Investigative and Forensic Sciences Arizona. Jonathan.McGrath(cbusdol.gov Q • Dr.James Caruso,Office of the Medical Examiner,City and County of Technical Contact (Q Denver,Colorado. Katherine Bollinger, Jeri Ropero-Miller, () MS,D-ABFT-FT PhD,F-ABFT • Dr.Craig Nelson, North Carolina Office of the Chief Medical Examiner. RTI International Director,FTCoE,RTI • Dr.Jeri McLemore,Wake Forest Baptist Medical Center, North Carolina. kbollinger(a)rti.org International jerimiller(a)rti.org • Kelly Keyes, RTI International Disclaimer The NIJ FTCoE,led by RTI International,is supported through a Cooperative Agreement from 0 Image Credits the NIJ(2016-MU-13X-1<110),Office of Justice 5- Page 1—Gorodenkoff. (n.d.).Close up shot of a scientist in gloves using micro Programs,U.S.Department of Justice.Neither the pipette and taking a red chemical liquid or blood for testing on a microscope. U.S.Department of Justice nor any of itscomponents are responsible for,or necessarily Microbiologist working in laboratory with technological equipment. endorse,this in-brief.NIJ is the research, (p https://www.shutterstock.com/image-photo/close-shot-scientist-gloves- development,and evaluation agency of the U.S. n using-micro-1914742102 Department of Justice.NIJ is dedicated to improving knowledge and understanding of crime I and justice issues through science.NIJ provides 0 objective and independent knowledge and tools to 0 Suggested Citation inform the decision-making of the criminal and (Q Shute, R., Bollinger, K.,Tucker, M., & Ropero-Miller,JD. (2021). Use of rapid juvenile justice communities to reduce crime and toxicology screening tools in medical examiner/coroner offices. U.S. Department advance justice,particularly at the state and local of Justice, National Institute of Justice,Office of Investigative and Forensic levels.The NIJ Office of Investigative and Forensic Sciences(OIFS)is the federal government's lead Sciences. agency for forensic science research and development.OIFS'mission is to improve the quality and practice of forensic science through innovative solutions that support research and CD development,testing and evaluation,technology, (n information exchange,and the development of • training resources for the criminal justice community. ^ Public Domain Notice All material appearing in this publication is in the public domain and may be reproduced or copied without permission from the U.S.Department of Justice(DOJ).However,this publication may not CD be reproduced or distributed for a fee without the specific,written authorization of DOJ.Citation of the source is appreciated. CD CD National Institute nstitute ORTI NIJ of Justice Forensic Technology STRENGTHEN SCIENCE.ADVANCE JUSTICE. CENTER OF EXCELLENCE INTERNATIONAL Published November 2021 9 • • Do New iL Product Xylazine Assay What is Xylazine? Street Names: Tranq, Tranq Dope, Sleep-Cut, Philly Dope and Zombie Drug Xylazine is an analgesic drug primarily used within the veterinary industry as a tranquilizer. It has not been approved for human use, however, in recent years it has been linked to the USAs illicit drug supply. Studies continue to see the drug, which is not deemed an opioid, used as an additive in heroin and illicit fentanyl, and the severity of its side effects remain a concern: depressed breathing, blood pressure, heart rate and body temperature to critical levels. 1000 100% 900 90% 800 80% 700 70% 600 60% • 500 50% 400 40% 300 30% 200 20% 100 ---- 10% 0 ---- ----1----I----I--- 0% 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Total number of heroin and/or fentanyl deaths ---- Percentage of heroin and/or fentanyl involved overdose deaths where xylazine was detected Source:https://injuryprevention.bmj.com/content/27/4/395 Whilst the prevalence of Xylazine is showing no sign of decreasing, Randox Toxicology continue to lead in new test development within the ever-changing drugs of abuse market. Our newly established test for xylazine is the first immunoassay test in the world for this drug of abuse. Available On: Coming Soon: ELISA Evidence MultiSTAT Are you seeing this trend? Get in touch: 0 info@randoxtoxicology.com C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 12,2023 &July 17,2023 Agenda Date: July 18,2023 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• FY24-25 Consolidated Homeless Grant—Department of Commerce Contract&Agency Subcontracts Background/Executive Summary: Homeless Response Programs funding recommendations and award letters approved on June 20,2023 action agenda. Budget Impact(amount,funding source,budget amendment): Funding sources are state and local grants, local document recording fees, and treatment sales tax Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of FY24-25 Consolidated Homeless Grant and subcontracts with Crossroads Housing, Turning Pointe Survivor Advocacy,Youth Connections, Community Lifeline, and Quixote Communities. Attachments FY 24-25 CHG Mason Contract Agency Subcontracts . . Washington State 'V ►V Commerce Interagency Agreement with Mason County Public Health and Human Services through Housing Division Homelessness Assistance Unit For Consolidated Homeless Grant (CHG) Dated: July 1 , 2023 �►'Washiny:on State Depa-tment of Commerce Table of Contents TABLEOF CONTENTS..............................................................................................................................................2 FACESHEET............................................................................................................................................................3 SPECIAL TERMS AND CONDITIONS.........................................................................................................................4 1. AUTHORITY........................................................................................................................................................4 2. CONTRACT MANAGEMENT...............................................................................................................................4 3. COMPENSATION ...............................................................................................................................................4 4. BILLING PROCEDURES AND PAYMENT...............................................................................................................4 5. SUBCONTRACTOR DATA COLLECTION...............................................................................................................5 6. INSURANCE .......................................................................................................................................................5 7. ELIGIBLE USE OF FUNDS..................................................................................................................................................5 8. FRAUD AND OTHER LOSS REPORTING...............................................................................................................5 9. ORDER OF PRECEDENCE....................................................................................................................................5 GENERAL TERMS AND CONDITIONS.......................................................................................................................6 1. DEFINITIONS......................................................................................................................................................6 2. ALL WRITINGS CONTAINED HEREIN...................................................................................................................6 3. AMENDMENTS..................................................................................................................................................6 4. ASSIGNMENT.....................................................................................................................................................6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.............................................................................6 6. COPYRIGHT........................................................................................................................................................7 7. DISPUTES...........................................................................................................................................................7 8. GOVERNING LAW AND VENUE..........................................................................................................................8 9. INDEMNIFICATION............................................................................................................................................8 10. LICENSING,ACCREDITATION AND REGISTRATION ............................................................................................8 11. RECAPTURE .......................................................................................................................................................8 12. RECORDS MAINTENANCE..................................................................................................................................8 13. SAVINGS............................................................................................................................................................8 14. SEVERABILITY....................................................................................................................................................8 15. SUBCONTRACTING............................................................................................................................................9 16. SURVIVAL..........................................................................................................................................................9 17. TERMINATION FOR CAUSE................................................................................................................................9 18. TERMINATION FOR CONVENIENCE ...................................................................................................................9 19. TERMINATION PROCEDURES.............................................................................................................................9 20. TREATMENT OF ASSETS...................................................................................................................................10 21. WAIVER...........................................................................................................................................................11 ATTACHMENT A:SCOPE OF WORK.......................................................................................................................12 ATTACHMENT B: BUDGET....................................................................................................................................13 ATTACHMENT C:CHG GUIDELINES ADDENDUM FOR THE HEN FCS BRIDGE FUNDING................................................................................................................................................................................14 Page 2 of 14 0 Washington State Department of Commence Face Sheet Contract Number: 24-46108-20 Washington State Department of Commerce Housing Division Homelessness Assistance Unit(HAU) Consolidated Homeless Grant (CHG) 1. Contractor 2. Contractor Doing Business As (as applicable) Mason County 415 N. 61h St. Shelton, WA 98584 3. Contractor Representative 4. COMMERCE Representative Melissa Casey Megan Kendig 1011 Plum Street SE Community Health Manager Grant Manager Olympia, WA 98504-2525 (360)427-9670 (360)401-5149 mcasey@masoncountywa.gov megan.kendig@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $4,779,087.00 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2023 June 30, 2025 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID# 11. SWV# 12. UBI# 13. UEI# N/A 0001893-04 232002101 N/A 14. Contract Purpose This grant provides resources to fund homelessness crisis response systems and to assist people who are experiencing or are at risk of homelessness to obtain or maintain housing. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference:2023-2025 CHG application and Budget workbook, CHG Guidelines (as they may be revised from time to time), Contractor Terms and Conditions including Attachment "A" - Scope of Work, Attachment"B"— Budget, Attachment"C"—CHG Guidelines Addendum for the HEN FCS Bridge funding. FOR CONTRACTOR FOR COMMERCE Sharon Trask, Chair, Board of County Commissioners Corina Grigoras, Assistant Director Housing Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 14 Washington State Department of Commerce Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed the Contract Amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. Contractor's compensation for services rendered shall be in accordance with Attachment B— Budget. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Exceptions to the single billing per month can be made by COMMERCE on a case-by- case basis. When requesting reimbursement for expenditures made, Contractor shall submit all invoice Vouchers and any required documentation electronically through COMMERCE's Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will Page 4 of 14 Washington State Department of Commerce be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. Additionally, the Contractor is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Subgrant activity but no less than $1,000,000 per occurrence. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 7. ELIGIBLE USE OF FUNDS Funding awarded under this Contract may only be used for eligible activities and expenses described in the CHG Guidelines. These Guidelines are incorporated by reference. 8. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Contract Face Sheet • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B— Budget • Attachment C—CHG Guidelines Addendum for the HEN FCS Bridge funding • CHG Guidelines, incorporated by reference on the Face Sheet Page 5 of 14 Washington State Department of Commeme General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State"shall mean the state of Washington. G. "Subcontractor"shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as"confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 6 of 14 Washington State Department of collilmrm iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract,of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 7 of 14 Washington State Department of Commerce prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost,these records, including materials generated under the contract,shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience"clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 8 of 14 Washington State Department of collilmrm 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 9 of 14 Washington State Department of collilmrm COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights,title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or(ii)commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 10 of 14 Washington State Department of Commerce practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 11 of 14 Washington State Department of Commence Attachment A: Scope of Work A. Contractor shall commit to operating a high-performing crisis response system in their county by: a. Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. b. Employing a progressive engagement service model. c. Prioritizing households most likely to become homeless when using homelessness prevention rent assistance. d. Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. B. Contractor shall submit the following monthly deliverables on time with truthful, accurate information: a. Invoice and Voucher Detail Worksheet for reimbursement due on the 20th of the month following the provision of services. C. Contractor shall submit the following deliverables on time with truthful, accurate information: a. Local Homeless Housing Plan and Annual Report. b. Annual County Expenditure Report/Homeless Housing Inventory including Point-In-Time Count information. c. HEN Essential Needs Report. d. Grantees shall commit to reporting quality timely HMIS data. D. Contractor shall comply with all of the requirements, policies and procedures in the Consolidated Homeless Grant Guidelines, including the Washington State Coordinated Entry Guidelines. E. Performance Requirements: a. Housing Outcomes: For each intervention type funded by the Consolidated Homeless Grant, grantees must adopt the required housing outcome performance measure outlined in the Consolidated Homeless Grant Guidelines, Appendix D, Table A. Grantees must improve housing outcomes by making progress towards the statewide performance target. b. Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. The performance measure for equitable access is in a testing period and there is no available baseline data. This contract period will serve to test the performance measure, gather baseline data and determine the performance target. F. Local Document Recording Fees (DRF) Support Funds are "for maintaining programs and investments" under local homeless housing plans and affordable housing under RCW 36.22.178. Allowable uses for these funds are for any allowable Consolidated Homeless Grant activity and any allowable activity pursuant to uses of local document recording fees. G. Inflation Increase Funding is to maintain current levels of homeless subsidies and services and to stabilize the homeless service provider workforce. Commerce expects grantees to prioritize salary increases or retention stipends for their homeless service provider workforce, and to the extent possible, offset other inflation costs. Allowable uses for these funds are for any allowable Consolidated Homeless Grant activity. Page 12 of 14 Washington State Department of Commence Attachment B: Budget Budget Total CHG Standard Admin $72,482.00 Rent $350,735.00 PSH CHF PSH CHF RenUFac Support $60,000.00 HEN SFY 2024 HEN Admin 2024 $90,723.00 HEN Rent/Fac Support 2024 $1,032,190.00 HEN Operations 2024 $173,130.00 HEN SFY 2025 HEN Admin 2025 $90,723.00 HEN Rent/Fac Support 2025 $1,032,190.00 HEN Operations 2025 $173,130.00 Eviction Prevention SFY 23, 24, and 25 Eviction Prevention Admin $154,698.00 Eviction Prevention Rent $351,590.00 Eviction Prevention Operations $322,920.00 HEN FCS Bride SFY 2024 HEN FCS Bridge Admin 2024 $2,577.00 HEN FCS Bridge Rent 2024 $59,277.00 HEN FCS Bridge Operations 2024 $11,782.00 HEN FCS Bride SFY 2025 HEN FCS Bridge Admin 2025 $2,577.00 HEN FCS Bridge Rent 2025 $59,277.00 HEN FCS Bridge Operations 2025 $11,782.00 Inflation Increase SFY 2024 and SFY 2025 Inflation Increase 2024 $276,848.00 Inflationary Costs 2025 $276,848.00 Local Document Recording Fees Support SFY 2024 and SFY 2025 Local DRF Support 2024 $86,804.00 Local DRF Support 2025 $86,804.00 TOTAL $4,779,087.00 Page 13 of 14 Washington State Department of Commerce Attachment C: CHG Guidelines Addendum for the HEN FCS Bridge funding It's estimated that over one third of Foundational Community Supports (FCS)enrollees are eligible for Housing and Essential Needs (HEN). This new funding creates a bridge period of rent assistance for households enrolled in FCS, prioritizing households enrolled in Supportive Employment, who no longer have a HEN Referral from Department of Social and Health Services (DSHS) due to increased income or other changes in eligibility. The applicable Consolidated Homeless Grant or System Demonstration Grant guidelines apply to this funding, with the following additions: Eligible Households • HEN households who no longer have a HEN Referral from DSHS. This includes: o Households who: ■ Are currently receiving HEN rent assistance. o Homeless and at-risk households who: ■ Received a HEN Referral within the last six months, but were not able to identify permanent housing. OR ■ Received rent assistance in the past, but exited the program within the last six months. AND • Households enrolled in FCS. FCS households enrolled in the Supportive Employment should be prioritized. AND • Household income is at or below 80% Area Median Income. Allowable Expenses • Allowable expenses include Admin (7%), Rent, and Operations. • Rent assistance, including arrears, is not to exceed nine (9) months in total. Housing Stability Plan • The housing provider must work with the household on a housing stability plan to secure affordable permanent housing with the knowledge that this funding expires June 30, 2025. HMIS • HMIS projects must be set up specifically for this funding and data entered accurately. Page 14 of 14 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT#CL FY24-25.2163 This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY" and Community Lifeline hereinafter referred to as "CONTRACTOR." Contracted Entity Community Lifeline Address PO Box 698/218 N. 31d St. City, State, Zip Code Shelton, WA 98584 Phone 360-490-3430 Primary Contact: Name, Title Chriss Brickert, Chair Primary Contact: E-mail bcbrickert comcast.net Washington State UBI# 603-364-370 Federal EIN 46-4731341 Total Award/Contract Value $250,000 Contract Term July 1, 2023- June 30, 2025 COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Community Lifeline of Mason County Agency Name Sharon Trask, Chair L_F-2lZ_ _g_ Authorized Signature Date Christeen Brickert, President APPROVED AS TO FORM: Print Name &Title July 11, 2023 1 Date MichaliwDr ecuting Attorney Professional Services Contract (rev 06/2023) Pagel Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form, if new to contracting with Mason County b. Certificate of Insurance (see requirements Exhibit B) c. Contract Orientation: Attendance at orientation is mandatory. Prior approval and make-up arrangement are necessary if unable to attend an orientation meeting. 2. Deliverables from previous contracts (#20-054, #20-094, and #21-057) are carried into this contract for Community Lifeline to successfully submit a conditional use permit with the City of Shelton to increase shelter bed capacity beyond 35 and up to the capacity allowable under the permit. 3. Probation Status a. CONTRACTOR will start contract term in Probation Status for failure to effectively implement the actions outlined in the Corrective Action Plan and make satisfactory improvement within the timeline outlined in the Quality Improvement Plan during the previous contract term. b. Technical assistance will continue to be provided by the COUNTY. c. The COUNTY will provide the CONTRACTOR with written notice once it has determined satisfactory improvement has been met. Funding Source: Local Document Recording Fees (2163) General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Services," during the CONTRACT period. In the event that CONTRACTOR expends the total award specified in "Exhibit C Budget" before the end of the CONTRACT duration, CONTRACTOR remains liable to provide COUNTY the services as identified in "Exhibit A Scope of Services." No material, labor or facilities will be furnished by COUNTY unless otherwise provided for in the CONTRACT. CONTRACTOR may submit a written proposal with an estimated cost for other expenses allowable under the Department of Commerce Grant Guidelines that may not be specified in "Exhibit A Scope of Services." The COUNTY must give written approval Professional Services Contract (rev 06/2023) Page 2 before any expenses are incurred and considered allowable costs for reimbursement to this CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit C Budget and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS Professional Services Contract (rev 06/2023) Page 3 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: Reimbursement of allowable costs to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit C, by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit C or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit C. Fraud and Other Loss Reporting: Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable. CONTRACTOR shall follow all reporting requirements related to the fraudulent event. Professional Services Contract (rev 06/2023) Page 4 Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in EXHIBIT A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. CONTRACTOR must submit invoices in accordance with the 'Invoicing and Reporting Requirements" as outlined in the Mason County Housing Crisis Response Written Standards" and Exhibit C of this contract. The COUNTY may, in its sole discretion withhold payments by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. 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. Professional Services Contract (rev 06/2023) Page 5 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. All SUBCONTRACTORS, including By and For Organizations, are bound to all contracts between COMMERCE and the COUNTY and must show that the Commerce contract has been passed down. 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 the COUNTY shall be made with sufficient specificity to enable the 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 Professional Services Contract (rev 06/2023) Page 6 of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work products including plans, and data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Professional Services Contract (rev 06/2023) Page 7 Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees, and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, 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 Professional Services Contract (rev 06/2023) Page 8 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 sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Professional Services Contract (rev 06/2023) Page 9 Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Public Health & Human Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: mcasey(o)_masoncountywa.aov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseybRmasoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery, or other generally accepted manner including delivery services. Professional Services Contract (rev 06/2023) Page 10 Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Service and Exhibit C Budget. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Services and Exhibit C Budget. Professional Services Contract (rev 06/2023) Page 11 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator Professional Services Contract (rev 06/2023) Page 12 shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Terms and Conditions E. Exhibit B, Insurance Requirements F. Exhibit A, Scope of Service Professional Services Contract (rev 06/2023) Page 13 G. Exhibit C, Budget H. Grant Guidelines 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. Contract Close-Out: In the event a CONTRACTOR is delinquent on final contract close-out invoicing and/or reporting, and they have been re-funded whether it is the same or a different program, the current contract will start in probation status under the Non-Compliance Corrective Action Steps. Under this condition, any missed deliverable or act of non-performance can lead to early termination. CONTRACTOR has until July 31 to close out previous contract by submitting all invoices and reports to a satisfactory level. COUNTY is not obligated for payment beyond this period. If funding has been awarded for the next grant term and there are outstanding invoices or reports that are not cleared to a complete and satisfactory level by July 31, the CONTRACTOR will start the new contract term in Probation Status. it Professional Services Contract (rev 06/2023) Page 14 EXHIBIT A SCOPE OF SERVICES Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: • Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. • Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards and Washington State Coordinated Entry Guidelines. Program: Night by Night Emergency Shelter Serving all of Mason County, Community Lifeline shall operate a 24/7, low-barrier shelter that offers a minimum of 35 night-by-night beds in a congregate setting, meals, hygiene facilities, clothing, case management, peer support programs, job training, resource connection, referrals, and related services for households without children all leading to a pathway toward permanent housing. Professional Services Contract (rev 06/2023) Page 15 Funded Activities: The funds awarded shall help support: • 2 FTE overnight shelter staff for hours worked between 8 pm to 8 am to aid in maintaining a safe staffing to shelter participant ratio. • Finance/bookkeeper Increased Bed Capacity and Conditional Use Permit: • Deliverables from previous contracts (#20-054, #20-094, and #21-057) are carried into this contract for Community Lifeline to successfully submit a conditional use permit with the City of Shelton to increase shelter bed capacity beyond 35 and up to the capacity allowable under the permit. • In addition, increased capacity meets the goals of the 5-year plan, responds to the needs of the homeless response system and allows for additional shelter needs during emergency situations (e.g., wildfires, extreme weather, floods). • The expectation is that the CONTRACTOR will abide by and perform corrective actions made by a hearing officer and/or file an appeal within the timeframe specified for a successful hearing. The costs of the permitting process have been paid for and further application costs are not permissible in this contract. Expectations for Night-by-Night Emergency Shelters: • Exit to permanent housing rate of 50% • Follow Centers for Disease Control and Washington Department of Health's guidelines for congregate living. o The agency is expected to have policies and procedures in place for isolation and quarantine events. • Develop and implement a hazardous weather response plan with the ability respond to community needs during periods of extremely hot or cold weather or severe poor air quality due to wildfire smoke. • Operate a notification system for key community partners on bed availability, referral process, and check-in protocol. Include other shelter resources when at capacity. o Key stakeholders in the community are to be notified immediately when the hours of operation or procedures for admittance to the shelter have changed. • Provide adequate resources and assistance to individuals that are unable to stay when the shelter is at maximum occupancy capacity. • Follow low-barrier best practices. Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have work or volunteer requirements. Households are not terminated from the project for the following reasons: Failure to participate in supportive services or treatment programs, failure to make progress on a housing stability plan and/or alcohol and/or substance use in and of itself is not considered a reason for termination. o Emergency shelters shall not have excessive rules that become barriers for unsheltered persons or households to stay in the shelter. Professional Services Contract (rev 06/2023) Page 16 o Emergency shelters shall not have excessive rules that exit a person or household to homelessness. • Policies and Procedures that demonstrate night by night shelter operations. The P&P shall include the following: o Check-in process o The protocol when maximum capacity is reached and the procedures to assist persons in finding other shelter options. o The process for shelter stayers to exit each day and includes length of time. o If shelter stayers can access the sleeping area during the day. If so, how does this ensure night by night operations vs. a continuous stay shelter? o Exhibits Racial Equity: How the demographics of shelter stayers are similar to the demographics for persons experiencing homelessness (i.e. compared to the demographics found during outreach and/or the PIT Count). Reporting: Submit the following monthly deliverables no later than the 15th of each month: • Invoice, backup documentation and any required Voucher Detail Worksheet for reimbursement. o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Invoice Back up documentation shall include: o For each employee that is part of the reimbursement request: o The work schedule for the pay periods. o Total hours worked between 8 pm and 8 am o Total hours seeking reimbursement if different from total hours worked between 8 pm through 8 am. o Employee timesheets for the pay periods seeking reimbursement. • Required monthly report(s) from HMIS included with the invoice. o HUD 225 Data Quality Report for the emergency shelter(PDF format preferred) o Program OUTS 101 for emergency shelters, permanent supportive, rapid rehousing, and transitional housing programs • Quarterly Performance Report—required. Submit action plans for any project that is not meeting the performance target. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. Professional Services Contract (rev 06/2023) Page 17 • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 0612023) Page 18 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (6) 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. Professional Services Contract (rev 06/2023) Page 19 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. S. 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 Professional Services Contract (rev 06/2023) Page 20 or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10.None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11.The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12.Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13.All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14.CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15.COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in Professional Services Contract (rev 06/2023) Page 21 substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16.Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all- inclusive. 17.CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract (rev 06/2023) Page 22 EXHIBIT C BUDGET Night by Night Emer ency Shelter 2163 FY24 Biennium Comments Bookkeeper/Finance 6,000 12,000 Hours worked between 8 pm to Overnight Shelter Aids 119,000 238,000 8 am TOTAL 125,000 250,000 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 15tn of each month a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from errors for the fastest turnaround possible on reimbursements. We encourage subcontractors to include budget narratives when there has been a change or when expenses may vary more than the average. c. The CONTRACTOR may not manipulate, change, or adjust any template provided by the COUNTY without prior written permission from the COUNTY. d. Administration reimbursement requests cannot exceed the 1112 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. e. All "pooled" costs are considered "Administration" unless approved by the COUNTY. f. Reimbursement in one fiscal year may not exceed the approved annual budget. If annual budgeted funds are expended prior to the end of the first fiscal, no Professional Services Contract (rev 06/2023) Page 23 additional reimbursements will be approved for that fiscal year, and programs/services are expected to continue. Any unspent funds will be rolled into the next fiscal year. g. CONTRACTOR must retain all backup documentation including policies and procedures on how employee time is tracked to grants, and how holiday and overtime pay is calculated. h. Invoices must be easy to read with program expenses clearly organized and labeled. Arrange the backup documentation in the order items appear on the invoice. i. If invoice has significant increase or decrease in totals, include budget narrative in the email submission to explain the change when invoice is submitted. j. If you make an error in any previous months or overpayments or underpayments, reach out to the COUNTY to determine the next steps. k. If uncertain if expense is allowable, reach out to the COUNTY. I. Budget Adjustments/Revisions: Budget adjustments/revisions are when money is moved from one budget category to another. All budget revision requests must use the Contract Budget Transfer Request Form. Budget revisions are allowable up to once per quarter. CHG Contracts will require Commerce approval and follow CHG Guidelines. m. Financial Contract Amendments: Contract amendments will be issued when there is a change in the total contract award. Amendments are also required in CHG contracts when the total budget adjustment or sequential adjustments exceed(s) 10% of the award. n. Submit monthly invoices electronically to Todd Parker, (tparker(a)masoncountywa.gov) and Haley Foelsch (haley(a)masoncountywa.gov). The Subcontractor must submit their own invoice request document and ledger. Each invoice must include: • The name of the agency, • Date submitted, • Dates of service (e.g. report period), • Contract number, • Invoice number • Name of funding source, • Reimbursement request per funding source, • Salary and benefits separated out, • Total hours worked by employees for the pay period. Show all time worked by fund source. • General ledgers or backup documentation which includes expenses broken out by category. They cannot include client names or identifying information; it is acceptable to use HMIS numbers. When rental and/or utility assistance payments are made, the landlords name is allowable. • Backup Documentation: Submit a copy of source documentation for the expenditures invoiced under the budget categories listed above. This should include copies of checks to vendors, receipts for purchases, as well as time sheets for staff and other documentation that supports the expenditures and allow us to link staff time to the charges invoiced. Professional Services Contract (rev 06/2023) Page 24 • Accounting System Report: Submit a report that recaps the source documentation from your accounting system that lists grant expenditures by program/funding source, object, date, payee name, description (if available) and amount. These reports are variously called "Expanded General Ledger," "Detail Trial Balance," and/or"Statement of Revenue and Expenditures." You may refer to it by another name. The report needs to provide enough detail so the reviewers can link each source document to the accounting system report. The reviewers need to be able to see how the amount requested on an invoice matches the backup documentation. • All Flexible Fund (CHG 6.3.3) expenses must be pre-approved. • Voucher detail worksheets, if required by the grant, • Spenddown sheet matching the voucher detail worksheet, • Any HMIS reports required by the grant, • Total reimbursement request for each funding source, and • Signature from the Executive Director, CEO, and/or Board Member. • Submitted by the Executive Director. Payment will be considered timely within 30 days of receipt of invoice. Professional Services Contract (rev 06/2023) Page 25 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT#CH FY24-25.CHG.2163.TST This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Crossroads Housing hereinafter referred to as "CONTRACTOR." Contracted Entity Crossroads Housing Address 71 Sar ison Loop/ PO Box 1777 City, State, Zip Code Shelton, WA 98584 Phone 360-427-6919 Primary Contact: Name, Title Tana Frazier: Executive Director Primary Contact: E-mail tfrazier hcc.net Washington State UBI# 601399556 Federal EIN 91-1569401 Total Award/Contract Value $1,726,998 Contract Term Jul 1;2023- June 30, 2025 COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON e�D��oa�r 1ltl)& Agency Name Sharon Trask, Chair Auth'9rized Signature Date A� APPROVED AS TO FORM: Print'Name &Title ,(y.�,�'PlC/1f�/2 ovrlJ / aLk // A'I Date Micha6LQqrqy ro<ecuting Attorney Professional Services Contract (rev 06/2023) Pagel EXHIBIT A SCOPE OF SERVICES Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: • Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. • Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. o According to the 2023 HIC and PIT Data Collection Notice, RRH is permanent housing and, therefore, individuals and families who are enrolled in RRH and residing in permanent housing on the night of the PIT count are not included in the sheltered count. However, homeless households currently residing on the street, in an emergency shelter, transitional housing, or Safe Haven, but who are also enrolled in an RRH project and awaiting housing placement, should be counted based on where they resided on the night of the count. For example, a person - residing in an emergency shelter and being assisted by an RRH project to obtain housing must be counted in the sheltered PIT count for the emergency shelter. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards, Washington State Coordinated Entry Guidelines, and Consolidated Homeless Grant Guidelines. Professional Services Contract (rev 06/2023) Page 15 I Program: Diversion, Coordinated Entry and Care Coordination Coordinated Entry lead grantee receive funding to implement diversion, coordinated entry, and care coordination components of the homeless response system for adults who are 25 years and older or for families. Implementation of Coordinated Entry aims to guide households experiencing a housing crisis response system by providing access to the most appropriate housing through a standardized assessment, prioritization, and referral process. Phased assessment will be used to swiftly move households through the system. As a lead agency, you will be responsible for following the Coordinated Entry Guidelines and implementing the program by following Mason County Written Standards. Funded Activities for Diversion, Coordinated Entry and Care Coordination: The funding will support administration and operations costs for operating coordinated entry. 2 FTE max will be funded for operations of Coordinated Entry. Along with funding for diversion costs, Point and Time Count, and Flex Funding. Diversion is a one-time assistance to resolve a housing crisis. Flex funding is the provision of goods or payments of expenses not included in other allowable categories, which directly help a household to obtain or maintain permanent housing or meet essential household needs. Care Coordination: "Care Coordination" means an Individual's housing and healthcare needs are coordinated with the assistance of a primary point of contact. The point of contact provides information to the Individual and the Individual's caregivers, other case managers and works with the Individual to ensure the Individual receives the most appropriate services including treatment, while ensuring that care is not duplicated. Program: Permanent Housing, Centralized Rapid Rehousing Program This program aims to bring households from homelessness into permanent housing by providing move-in assistance, up to two years of rent subsidies and housing focused case management to maintain housing when the subsidy ends. Crossroads uses a client-centered case management approach that focuses on assisting clients to overcome any barriers that led to homelessness to ensure reentrance into the crisis response system does not occur. All program admittance must go through Coordinated Entry. The program prioritizes client caseload based on the Mason County Vulnerability scoring system, aiding the most vulnerable with no targeted subpopulation. Program Expectations: 1. Refer to the Mason County Written Standards and Consolidated Homeless Grant Guidelines for more information. 2. Master Leasing in Rapid Rehousing: a. Crossroads agrees to provide the addresses of all master lease units. b. The lease is transitioned from the agency to the tenant (so the tenant has a lease with the landlord) when the tenant achieves housing stability and is exited from the RRH program. Professional Services Contract (rev 06/2023) Page 16 li c. The agency continues to sublease the tenant and the tenant makes payments to the agency. The lease should be for a longer term such as one year and with the intent for an on-going, permanent housing situation. d. The subcontractor's P&P must specify if the project is "Tenant-Based" or "Project-Based" and have criteria for specified. Funded Activities for the Centralized Rapid Rehousing Program: Funding for this program is applied to direct client services (move in assistance, rental assistance for permanent housing, or up to two-years of rent subsidies) and operating (case management) costs as allowable in the CHG Guidelines. Funds may not be used for temporary housing interventions (e.g., Transitional Housing and Emergency Shelter). Program: Eviction Prevention Homeless Prevention is used to help households who are at risk of homelessness to maintain and obtain stable housing and avoid homelessness. Subgrantees will provide housing-focused case management and temporary rent subsidies for transitional aged youth. Assistance will be based off prioritization from the Targeted Prevention Screening Tool and subgrantees will follow Mason County's Prioritization Policy and Procedures. Subgrantees will also hold subcontracts with by and for organizations. Funded Activities for Eviction Prevention: The funding will support administration, operations, rent assistance and by and for organizations for 25+ of age and not eligible for HEN HP, SSVF HP, or TYC HP or other HP services available in the community. 2 FTE max will be funded for operations of this program. Program: Emergency Shelter Crossroads Housing operates continuous stay shelter programs for families experiencing homelessness. This family driven program maintains four locations keeping 16 families off the streets. The "main family shelter' houses seven studio apartments and is utilized for larger literally homeless families as well as three off site shelters. The off-site shelters are operated as group living style homes, with each family having a private bedroom and shared kitchen, Livingroom, and bathrooms. All shelter programs operated by Crossroads Housing are focused on families with the highest vulnerability score. Meaning each household must have a child, be expecting a child or have a letter of support from Child Protective Services stating the child will be being returned. Families are chosen to come into shelter based on vulnerability score and family size. Family size is considered because a family of four cannot be placed in a one-bedroom group living shelter situation as it exceeds the square footage per person rules for group living. The goal is to move households forward to transitional housing, rapid rehousing, or permanent housing within 90 days. This is a goal not a rule that is driven by the client's participation in case management efforts. The case management team utilizes the progressive engagement approach to make a custom care plan that recognizes each client's strength and needs assisting the client in overcoming barriers to housing independence. Program admittance must go through Coordinated Entry. Professional Services Contract (rev 06/2023) Page 17 Funded Activities for Emergency Shelter(s): • This funding supports the Administration and operations of the on-site, 7-unit family emergency shelter as described in the RFP application. Expectations for Emergency Shelters: • Exit to permanent housing rate of 50% • Follow Centers for Disease Control and Washington Department of Health's guidelines for operating emergency shelters. • Develop and implement a hazardous weather response plan with the ability respond to community needs during periods of extremely hot or cold weather or severe poor air quality due to wildfire smoke. • Operate a notification system for key community partners on bed availability, referral process and provides adequate resources and assistance to individuals that are unable to stay when the shelter is at maximum occupancy capacity. • Follow low-barrier best practices. Low barrier projects have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have work or volunteer requirements. Households are not terminated from the project for the following reasons: Failure to participate in supportive services or treatment programs, failure to make progress on a housing stability plan and/or alcohol and/or substance use in and of itself is not considered a reason for termination. o Emergency shelters shall not have excessive rules that become barriers for unsheltered persons or households to stay in the shelter. o Emergency shelters shall not have excessive rules that exit a person or household to homelessness. • Policies and Procedures that demonstrate the following: o Check-in process that includes a reasonable check-in time and accounts for households that may be late or unable to make a predetermined time. o The protocol when maximum capacity is reached and the procedures to assist households in finding other shelter options. o Protocols for emergency situations when employees are present and, if different, during hours when employees are not present. o The process for shelter stayers to exit each day and includes length of time. o Exhibits Racial Equity: How the demographics of shelter stayers are similar to the demographics for persons experiencing homelessness (i.e. compared to the demographics found during outreach and/or the PIT Count). Reporting for All Programs: Submit the following monthly deliverables no later than the 15'h of each month: • Invoice, back up documentation and any required Voucher Detail Worksheet for reimbursement. Professional Services Contract (rev 06/2023) Page 18 o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s): o Referral report for all programs with case management: Diversion/CE/Care Coordination, Emergency Shelter, and Permanent Housing o HUD 225 Data Quality Report (PDF format preferred) — provide a separate report for each program operated in HMIS. o Program OUTS 101 for emergency shelters, permanent supportive, rapid rehousing, and transitional housing programs o Rapid Re-housing monthly enrollment report • Quarterly Performance Report— required. Submit action plans for any project that is not meeting the performance target. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 06/2023) Page 19 EXHIBIT C BUDGET Fund Permanent Housing Source Annual Biennium Admin 2163 30,000 60,000 CHG Rent Standard 175,367 350,734 LDR Rent Support* 2,791 5,582 Rent TST 40,000 80,000 CHG Rent PSH CHF Standard 30,000 60,000 Operations 2163 147,341 294,682 TOTAL Permanent Housing 425,499 850,998 Fund Eviction Prevention Source Annual Biennium EP Admin CHG EP 21,831 43,662 EP Rent CHG EP 139,883 279,766 EP Operations CHG EP 60,000 120,000 EP By and For CHG EP 28,286 56,572 TOTAL Eviction Prevention 250,000 500,000 Fund On-site Emergency Shelter Source Annual Biennium Admin 2163 10,000 20,000 Operations 2163 58,000 116,000 TOTAL Emergency Shelter 68,000 136,000 Diversion / Coordinated Entry I Care Fund Coordination Source Annual Biennium Operations 2163 16,987 33,974 LDR Operations Support* 84,013 168,026 Diversion 2163 19,000 38,000 Total Diversion/CE/ Care Coord. 120,000 240,000 TOTAL AWARD 1863,4991 1,726,998 Professional Services Contract (rev 06/2023) Page 24 MASON COUNTY PROFESSIONAL, SERVICES CONTRACT CONTRACT#TPSA FY24-25 2163 This CONTRACT is made and entered Into by and between Mason County, hereinafter referred to as "COUNTY" and Turning Pointe Survivor Advocacy Center, hereinafter referred to as"CONTRACTOR." Contracted Entity Turning Pointe Survivor Advocacy Center Address 210 Pacific Court/ PO Box 2014 City, State Zip Code Shelton WA 98584 Phone 360-426-1216 Primary Contact: Name, Title Gina Blanchard- Reed, Executive Director Primary Contact: E-mail executivedirector turnin ointe.or Washington State UBI# 6012 012 811 Federal EIN 91-2024833 Total Award/Contract Value 1 $148,364 Contract Term I July 1,2023-June 20, 2025 COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency N me / _�j h ron Trask, Chafr r wwll Abtfio-rized Signature C Date 1 L 44 U6 APPROVED AS TO FORM: Print Name &Title -7 !r Z3 DatW Michae ecuting Attorney i Professional Services Contract (rev 06/2023) Page 1 EXHIBIT A SCOPE OF SERVICES Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: • Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. • Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards and Washington State Coordinated Entry Guidelines. Program Turning Pointe is one of the largest Domestic Violence (DV) and Sexual Assault (SA) shelter and advocacy services organization in Washington state and the only DV/SA shelter in Mason County. Turning Pointe provides overnight shelter for female head-of- households and their children who are fleeing from DV/SA home environments. Turning Pointe provides hotel vouchers for male head-of-households and their children as well non-intimate partner DV survivors to ensure we are supporting all DV/SA survivors. Professional Services Contract (rev 06/2023) Page 15 Turning Pointe's shelter and crisis line are open 24/7, 365 days/year. Non-sheltered (and sheltered) clients can partner with Advocates to develop a plan of wrap-around services that meets their specific needs, including housing referrals, job search support, rapid rehousing, medical resources identification, legal advocacy, food bank assistance, youth advocacy, parenting classes, regularly scheduled support groups and survivor- centric training programs, etc. Turning Pointe accepts all clients that meet the criteria of our state and federal grant funders, including WA state DSHS, Dept. of Commerce and OCVA. Turning Pointe does not discriminate against anyone regardless of their gender, military status, religious beliefs, criminal background, history of substance abuse, age, number of dependent children or current housing situation. Funded Activities: • The funding helps support shelter program administration, shelter operations (housing advocate, HMIS data entry Advocate, and Program Director salary and benefits) and hotel/motel vouchers. Reporting: Submit the following monthly deliverables no later than the 15'h of each month: • Invoice, backup documentation and any required Voucher Detail Worksheet for reimbursement. o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s)from HMIS included with the invoice. o Referral Report o HUD 225 Data Quality Report (PDF format preferred) o Program OUTS 101 for emergency shelters, permanent supportive, rapid rehousing, and transitional housing programs • Quarterly Performance Report— required. Submit action plans for any project that is not meeting the performance target. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 06/2023) Page 16 EXHIBIT C BUDGET Emer ency Shelter 2163 FY24 Biennium Comments Admin 6,185 12,370 Housing advocate, HMIS data Shelter Operations 58,997 117,994 entry Advocate, and Program Director salary and benefits Motel Vouchers 9,000 18,000 TOTAL 74,182 148,364 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 151h of each month a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from errors for the fastest turnaround possible on reimbursements. We encourage subcontractors to include budget narratives when there has been a change or when expenses may vary more than the average. c. The CONTRACTOR may not manipulate, change, or adjust any template provided by the COUNTY without prior written permission from the COUNTY. d. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. e. All "pooled" costs are considered "Administration" unless approved by the COUNTY. Professional Services Contract (rev 06/2023) Page 21 I MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT#SFC FY24-25 CHG.2163 I This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Shelton Family Center, hereinafter referred to as "CONTRACTOR." Contracted Entity Shelton Family Center (dba Shelton Youth Connection Address PO Box 2341/ 123 S. 2nd St City, State, Zip Code Shelton, WA 98584 Phone 360-463-6972 Primary Contact: Name, Title Susan Kirchoff, Executive Director Primary Contact: E-mail susan@sheitonfamilycenter.org Washington State UBI# 604 211 635 Federal EIN 82-3875497 Total Award/Contract Value $418,288 Contract Term July 1, 2023-June 30, 2025 COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. I CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Sharon Trask, Chair Authorized Signature Date APPROVED AS TO FORM: Print Name&Title Date Michael cuting Attorney Professional Services Contract (rev 06/2023) Pagel EXHIBIT A SCOPE OF SERVICES Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: • Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. • Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. o According to the 2023 HIC and PIT Data Collection Notice, RRH is permanent housing and, therefore, individuals and families who are enrolled in RRH and residing in permanent housing on the night of the PIT count are not included in the sheltered count. However, homeless households currently residing on the street, in an emergency shelter, transitional housing, or Safe Haven, but who are also enrolled in an RRH project and awaiting housing placement, should be counted based on where they resided on the night of the count. For example, a person residing in an emergency shelter and being assisted by an RRH project to obtain housing must be counted in the sheltered PIT count for the emergency shelter. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. Professional Services Contract (rev 06/2023) Page 15 Adhere to the Mason County Written Standards, Washington State Coordinated 'Entry Guidelines, and Consolidated Homeless Grant Guidelines. Program: Diversion, Coordinated Entry and Care Coordination Coordinated Entry lead grantee receive funding to implement diversion, coordinated entry, and care coordination components of the homeless response system for single transitional aged youth. Implementation of Coordinated Entry aims to guide households experiencing a housing crisis response system by providing access to the most appropriate housing through a standardized assessment, prioritization, and referral process. Phased assessment will be used to swiftly move households through the system. As a lead agency, you will be responsible for following the Coordinated Entry Guidelines and implementing the program by following Mason County Written Standards. Funded Activities for Diversion, Coordinated Entry and Care Coordination: The funding will support administration and operations costs for operating coordinated entry. Along with funding for diversion costs, Point and Time Count, and Flex Funding. Diversion is a one-time assistance to resolve a housing crisis. Flex funding is the provision of goods or payments of expenses not included in other allowable categories, which directly help a household to obtain or maintain permanent housing or meet essential household needs. 1 FTE will be funded for the operations of Coordinated Entry. Care Coordination: "Care Coordination" means an Individual's housing and healthcare needs are coordinated with the assistance of a primary point of contact. The point of contact provides information to the Individual and the Individual's caregivers, other case managers and works with the Individual to ensure the Individual receives the most appropriate services including treatment, while ensuring that care is not duplicated. Program: Eviction Prevention Homeless Prevention is used to help households who are at risk of homelessness to maintain and obtain stable housing and avoid homelessness. Subgrantees will provide housing-focused case management and temporary rent subsidies for transitional aged youth and will be based off prioritization from the Targeted Prevention Screening Tool and subgrantees will follow Mason County's Prioritization Policy and Procedures. Subgrantees will also hold subcontracts with by and for organizations. Funded Activities for Eviction Prevention: The funding will support administration, operations, rent assistance and by and for organizations for ages 25-year-old and up. 2 FTE max will be funded for the operations of this program. Reporting All Programs: Submit the following monthly deliverables no later than the 15th of each month: Invoice, back up documentation and any required Voucher Detail Worksheet for reimbursement. Professional Services Contract (rev 06/2023) Page 16 o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s): o Referral Report o HUD 225 Data Quality Report (PDF format preferred): for the Diversion/CE/Care Coordination. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 0612023) Page 17 EXHIBIT C BUDGET Diversion / Coordinated Entry/ Care Coordination 2163 Biennium Admin 9,000 18,000 Operations 67,000 134,000 Diversion 10,000 20,000 SUB TOTAL 86,000 172,000 Eviction Prevention CHG FY24 Biennium EP Admin 14,058 28,116 EP Rent 35,912 71,824 EP Operations 60,000 120,000 EP By and For 13,174 26,348 SUB TOTAL 1239144 246,288 Grand Total 209,144 418,288 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 15t^ of each month a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from Professional Services Contract (rev 06/2023) Page 22 I MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT#QC FY24-25.2163 This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Panza, hereinafter referred to as "CONTRACTOR." Contracted Entity Panza dba Quixote Communities Address 3350 Mottman Rf SW City, State, Zip Code Olympia, WA 98512 Phone 360-932-9359 Primary Contact: Name, Title Colleen Carmichael, Executive Director Primary Contact: E-mail colleen uixotecommunities.or Washington State UBI# 602 769 241 Federal EIN 03-4193489 Total Award/Contract Value $166,980 Contract Term July 1, 2023- June 30, 2025 COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Sharon Trask, Chair Authorized Signature Date APPROVED AS TO FORM: Print Name&Title Date Michae cuting Attorney Professional Services Contract (rev 06/2023) Page 1 EXHIBIT A SCOPE OF SERVICES Homeless Response System Grantees shall commit to operating a high-performing crisis response system in the county by: • Prioritizing unsheltered homeless households and households fleeing violence for services and programs. • Assessing each household's housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. • Employing a progressive engagement service model. • Prioritizing households most likely to become homeless when using prevention rent assistance. • Meeting project intervention performance outcome targets. o Housing Outcomes: • Emergency Shelters: 50% exits to permanent housing. • Rapid Rehousing and Transitional Housing: 80% exits to permanent housing. • Permanent Supportive Housing: 95% exits to permanent housing. o Equitable Access: The race and ethnicity of households served are proportional to the numbers of people in need of services in each county. • Actively participate in the planning and implementation of the annual Point in Time Count. Help ensure that subpopulations served are accurately and adequately represented in the count. • Actively collaborate with other agencies to ensure the best possible services are available to program participants. • Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. • Commit to data quality by entering data into HMIS that is complete, timely, and accurate and reviewing HMIS reports at least monthly to ensure data quality standards are met. • Adhere to the Mason County Written Standards and Washington State Coordinated Entry Guidelines. Program Quixote Communities has operated successful Permanent Supportive Housing Units for the past 10 years. Quixote Communities will build a comprehensive program for the Shelton Veterans Village. The target population is homeless Veterans living in Mason County. The current Program Supervisor for the Orting Veterans Village will be transferring over to be the Program Supervisor at the Shelton Veterans Village and in turn will help create a smooth transition since he has already overseen PSH projects with Quixote Communities. Residents pay rent at the rate of 30% of their income. Professional Services Contract (rev 06/2023) Page 15 Quixote Communities pays for all the utilities as an organization to lessen the burden on our residents who already have extremely low fixed incomes. The program structure is Permanent Supportive Housing with the Housing First and Recovery Housing models. Quixote Communities meets our residents where they are at and works to provide them with the services and referrals, they need in order to thrive and achieve their goals. Services provided will be case management (including care coordination, life skills, and education and employment prep), and mental health and substance use disorder therapies. Funded Activities: The funds will help support the following operations of the Shelton Veteran's Village: 1. Support 3.9 FTE in staff wages and benefits for: 1 FTE Program Supervisor, 2 FTE Case Managers, .3 FTE Program Manager, .3 FTE Community Support Specialist, .3 SUDP, .3 LICSW 2. Utilities. Reporting: Submit the following monthly deliverables no later than the 151 of each month: • Invoice, back up documentation and any required Voucher Detail Worksheet for reimbursement. o Final invoices for a state fiscal year may be due sooner than the 15th and the COUNTY will provide notification of the end of fiscal year due date. o The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. o The COUNTY will return incorrect or incomplete invoices to the CONTRACTOR for correction and reissue. • Required monthly report(s): o HUD 225 Data Quality Report (PDF format preferred) o Program OUTS 101 • Quarterly Performance Report— required. Submit action plans for any project that is not meeting the performance target. • Annual Report: Program Racial Equity analysis • Refer to the Mason County Written Standards for more detailed information and instructions. Contractor shall partner with Mason County Public Health and Human Services to submit the following deliverables on time with truthful, accurate information: • Local Homeless Housing Plan and Plan Updates. • Annual County Expenditures Report and Homeless Housing Inventory • Point-In-Time Count event and information. • Essential Needs Report (HEN Program Only) • Grantees shall comply with all the requirements, policies, and procedures in the Consolidated Homeless Grant Guidelines, including the Coordinated Entry Guidelines. Professional Services Contract (rev 06/2023) Page 16 EXHIBIT C BUDGET FY24 Biennium Comments Support 3.9 FTE - 1 FTE Program Supervisor, 2 FTE PSH Operations: Wages Case Managers, .3 FTE & Benefits 42,490 84,980 Program Manager, .3 FTE Community Support Specialist, .3 SUDP, .3 LICSW PSH Operations: Utilities 41,000 82,000 TOTAL 83,490 166,980 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. Agencies that receive Consolidated Homeless Grant funds are also held to all requirements in the contract between Mason County and the Department of Commerce and the most current version of the Consolidated Homeless Grant Guidelines. All COUNTY-provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Monthly Financial Invoice: Due by the 15th of each month a. All invoices and reports must be accurate, complete, and received to a satisfactory level before invoices are approved and processed for reimbursement. b. THE CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than the 15th of each month. It is important to submit an invoice free from errors for the fastest turnaround possible on reimbursements. We encourage subcontractors to include budget narratives when there has been a change or when expenses may vary more than the average. c. The CONTRACTOR may not manipulate, change, or adjust any template provided by the COUNTY without prior written permission from the COUNTY. d. Administration reimbursement requests cannot exceed the 1/12 monthly allotment. For example, if the Administration allocation is 10%, administration costs may not exceed 10% of the reimbursement requests that month. e. All "pooled" costs are considered "Administration" unless approved by the COUNTY. Professional Services Contract (rev 06/2023) Page 21 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): June 12,2023 &July 17,2023 Agenda Date: July 18,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• FY24 Emergency Housing Funds Background/Executive Summary: The Department of Commerce has allocated$884,950 in Emergency Housing Funds(EHF)to Mason County for the 2024 fiscal year. The purpose of the EHF grant is to maintain current levels of homeless subsidies and emergency housing capacity from sun-setting funds (CARES Act Emergency Solutions Grant—ESG-CV, Shelter Program Grant,Hotel Leading and Rapid Re-Housing,local document recording fees). Budget Impact(amount, funding source,budget amendment): Funding source is state grant through the Department of Commerce Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of FY24 Emergency Housing Fund Contract Attachments FY24 EHF Mason Contract DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE . . Washington State M ►w Commerce Federal Interagency Agreement with Mason County Public Health and Human Services through The Homelessness Assistance Unit Contract Number: 24-4619D-115 For Emergency Housing Fund Dated: Saturday, July 1 , 2023 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE ,191w.Washington State Depa tment of Table of Contents TABLEOF CONTENTS..............................................................................................................................................2 FACESHEET............................................................................................................................................................3 SPECIAL TERMS AND CONDITIONS.........................................................................................................................4 1. AUTHORITY......................................................................................................................................................4 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING.................................................................................................4 3. CONTRACT MANAGEMENT.............................................................................................................................4 4. COMPENSATION..............................................................................................................................................4 5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................4 6. INDIRECT COSTS ..............................................................................................................................................4 7. BILLING PROCEDURES AND PAYMENT.............................................................................................................5 8. AUDIT..............................................................................................................................................................5 9. FRAUD AND OTHER LOSS REPORTING.............................................................................................................6 11. INSURANCE......................................................................................................................................................7 12. SEAT BELT USE POLICIES AND PROGRAMS(APR 2005).............................................................................................7 13. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUNE 2020)..................8 14. ORDER OF PRECEDENCE..............................................................................................................................................8 GENERALTERMS AND CONDITIONS.......................................................................................................................9 1. DEFINITIONS....................................................................................................................................................9 2. ALL WRITINGS CONTAINED HEREIN...............................................................................................................10 3. AMENDMENTS..............................................................................................................................................10 4. ASSIGNMENT.................................................................................................................................................10 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION .........................................................................10 6. COPYRIGHT....................................................................................................................................................10 7. DISPUTES.......................................................................................................................................................11 8. GOVERNING LAW AND VENUE ......................................................................................................................11 9. INDEMNIFICATION ........................................................................................................................................11 10. LICENSING,ACCREDITATION AND REGISTRATION.........................................................................................11 11. RECAPTURE....................................................................................................................................................11 12. RECORDS MAINTENANCE..............................................................................................................................11 13. SAVINGS ........................................................................................................................................................12 14. SEVERABILITY.................................................................................................................................................12 15. SUBCONTRACTING ........................................................................................................................................12 16. SURVIVAL.......................................................................................................................................................12 17. TERMINATION FOR CAUSE.............................................................................................................................12 18. TERMINATION FOR CONVENIENCE................................................................................................................13 19. TERMINATION PROCEDURES.........................................................................................................................13 20. TREATMENT OF ASSETS.................................................................................................................................14 21. WAIVER .........................................................................................................................................................14 ATTACHMENT A:SCOPE OF WORK.......................................................................................................................15 ATTACHMENT B: BUDGET....................................................................................................................................16 Page 2 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�C011mm1 , Face Sheet Contract Number: 24-4619D-115 Housing Division Homelessness Assistance Unit Emergency Housing Fund ®Subrecipient ❑Contractor 1. Grantee 2. Grantee Doing Business As (as applicable) Mason County Public Health and Human Services 415 N. 61h St. Shelton, WA 98584 3. Grantee Representative 4. COMMERCE Representative Melissa Casey Henry Bennett 1011 Plum Street SE Community Health Manager Commerce Specialist II Olympia, WA 98504-2525 (360)427-9670 360-725-5053 mcasey@masoncountywa.gov Henry.bennett@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $884,950.00 Federal: ❑ State: ❑ Other: ❑ N/A: ❑ 7/1/2023 6/30/2024 9. Federal Funds (as applicable) Federal Agency: ALN Indirect Rate $884,950.00 U.S. Department of Treasury 21.027 10% 10. Tax ID# 11. SWV# 12. UB1 # 13. UEl # 91-6001354 SWV0001893-04 232-002-101 SNAXPBGW4VR4 14. Contract Purpose The Emergency Housing Fund grant will be used to maintain current levels of homeless subsidies and emergency housing services. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment"A"— Scope of Work and Attachment"B"—Budget. FOR CONTRACTOR FOR COMMERCE os �k Sharon Trask, Chair, Board of County Commissioners Corina Grigoras, Assistant Director, Housing Division Date Signature APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL Date APPROVAL ON FILE Page 3 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�Commerce Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGEMENT OF FEDERAL FUNDING Federal Award Date: 05/14/2021 Federal Award Identification Number(FAIN): SLFRF0002 Total amount of the federal award: $55,500,000 Awarding official: U.S. Department of Treasury Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in American Rescue Plan Act of 2021, Coronavirus State Fiscal Recovery Fund. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Coronavirus State Fiscal Recovery Fund thru the Washington State Department of Commerce." 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed the Grant amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Grant as set forth in the Scope of Work (Attachment A). 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total Page 4 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�Commeree direct costs (MTDC)will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE via the Commerce Contracts Management System. If required, the attachments to the invoice request in the Commerce Contracts Management System shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 8. AUDIT If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified in Uniform Guidance 2 CFR 200, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. Page 5 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�C011mm1 , If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to the Federal Audit Clearinghouse. 9. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 10. DEBARMENT A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local)terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. Grantee may contact COMMERCE for assistance in obtaining a copy of these regulations. Page 6 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�COmmerre 11. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 12. SEAT BELT USE POLICIES AND PROGRAMS (APR 2005) In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA's Web site at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety(NETS), a public-private partnership headquartered in the Washington, DC metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1-888-221- 0045 or visit its Web site at www.trafficsafetV.org. 13. ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUNE 2020) (a) Definitions. As used in this clause- "Driving" (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1)Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. Page 7 of 16 DocuSign Envelope ID:ECOA98E3-831A-4B69-935C-26952D6569DE 0 Washing:on State Depa,tment of Commerce (2) Conduct initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. 14. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B— Budget Page 8 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�COmmerc, General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Modified Total Direct Costs" (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of$25,000. F. "Personal Information"shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities,addresses,telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). G. "State" shall mean the state of Washington. H. "Subaward" shall mean an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. I. "Subcontractor"shall mean one not in the employment of the Contractor,who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. J. "Subrecipient" shall mean a non-Federal entity that receives a subaward from a pass- through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Page 9 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�C01THM1 , 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential' by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information.The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request,the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, Page 10 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�Commeree and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract,of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Page 11 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�Commeree The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost,these records, including materials generated under the contract,shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience"clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. Page 12 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�C01THM1 , COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the"Disputes"clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; Page 13 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE Washington State Depa tment of Ri►�C01THM1 , F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or(ii)commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 14 of 16 DocuSign Envelope ID: ECOA98E3-831A-4B69-935C-26952D6569DE ,191W.Washington State Depa tment of ��►�(()Mr lCrc(l Attachment A: Scope of Work Allowable Activities and Expenses Grantee will utilize the Emergency Housing Fund grant to maintain current levels of homeless subsidies and emergency housing services. Allowable activities and expenses follow the Consolidated Homeless Grant (CHG)/System Demonstration Grant (SDG) guidelines. Allowable activities are restricted to "emergency housing" activities, to include: street outreach, diversion, emergency shelter including hotel/motel leasing, sanctioned encampments, transitional housing, rapid re-housing, housing search and placement, and housing stability case management. Household eligibility requirements also follow the CHG/SDG guidelines. Invoicing Grantees must provide adequate back up documentation to support costs on each reimbursement request, to include: 1. General ledger from financial accounting system with transaction and expenditure dates on allowable activities within period of performance, and Dept. of Commerce voucher detail form. 2. If lead grantee has sub recipients, also submit their general ledgers with transaction and expenditure dates on allowable activities within period of performance. 3. For rental assistance and flexible fund payments, backup documentation should include a client name to tie the transaction to the payee or recipient. In addition, at the time of contracting, grantee must submit a copy of letter of approved indirect rate or cost allocation plan for all federally funded programs, if billing for the recovery of indirect costs. Page 15 of 16 DocuSign Envelope ID:ECOA98E3-831A-4B69-935C-26952D6569DE 0 Washing:on State Depa,tment of COII]Iwrm Attachment B: Budget July 1, 2023 —June 30, 2024 Budget Category Admin $132,742.00 Operations $283,360.00 Facility Support $195,848.00 Rent $273,000.00 Total $884,950.00 Page 16 of 16 DocuSign Certificate Of Completion Envelope Id:ECOA98E383lA4B69935C26952D6569DE Status:Sent Subject:Complete with DocuSign: Mason County EHF Contract.docx Division: Community Services and Housing Program: Emergency Housing Fund ContractNu m ber:24-4619D-115 DocumentType:Contract Source Envelope: Document Pages: 16 Signatures:0 Envelope Originator: Certificate Pages:5 Initials: 1 Henry Bennett AutoNav: Enabled 1011 Plum Street SE Envelopeld Stamping: Enabled MS 42525 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525 henry.ben nett@commerce.wa.gov IP Address: 147.55.134.3 Record Tracking Status:Original Holder: Henry Bennett Location:DocuSign 7/5/2023 12:01:52 PM henry.ben nett@commerce.wa.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Washington State Department of Commerce Location:DocuSign Signer Events Signature Timestamp Kathy Kinard D5 Sent:7/5/2023 12:23:41 PM Kathy.Kinard@commerce.wa.gov �� Viewed:7/5/2023 1:30:41 PM Security Level: Email,Account Authentication Signed:7/5/2023 1:30:47 PM (None) Signature Adoption:Pre-selected Style Using IP Address: 198.180.5.83 Electronic Record and Signature Disclosure: Not Offered via DocuSign Sharon Trask strask@masoncountywa.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/28/2023 9:52:47 AM ID:a7e6d2e4-Oc8d-4ddf-9737-f4cf4b14e606 Kennly Asato kennly.asato@commerce.wa.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Kathryn Dodge VIEWED Sent:7/5/2023 12:05:32 PM kathryn.dodge@commerce.wa.gov Viewed:7/5/2023 12:23:40 PM Security Level: Email,Account Authentication (None) Using IP Address: 147.55.149.146 Electronic Record and Signature Disclosure: Not Offered via DocuSign Haley Foelsch VIEWED Sent:7/5/2023 1:30:49 PM haley@masoncountywa.gov Viewed:7/6/2023 8:05:01 AM Security Level: Email,Account Authentication (None) Using IP Address:216.235.103.241 Electronic Record and Signature Disclosure: Accepted:7/6/2023 8:05:01 AM ID: b4a7faa7-7392-4031-a02c-8f902ce1fd60 Melissa Casey Sent:7/6/2023 8:05:01 AM mcasey@masoncountywa.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:6/27/2023 8:21:29 AM ID:fbef9ba8-451f-4fc5-83cf-06097edb72aa McKenzie Smith msmith@masoncountywa.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/25/2023 9:35:37 AM ID:Oab89daa-e96a-4ab9-a498-c1e41ad3676d Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/5/2023 12:05:32 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM Parties agreed to:Sharon Trask,Haley Foelsch, Melissa Casey,McKenzie Smith ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.15 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Washington State Department of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusi ng com/jzuides/si ig�er- uigu de- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 17,2023 Agenda Date: August 1,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Behavioral Health Transportation Pilot Program—Patty Wagon Invoice Background/Executive Summary: The Patty Wagon contracted with Mason County for the delivery of the Behavioral Health and Recovery Support Transportation Program over the contract term February 1,2022 through December 31, 2023 with a total budget of$80,000. The pilot program ended—8 months early in May 2023. The pilot budget was exceeded, and the contractor has submitted a final invoice for these expenses. Budget Impact(amount, funding source,budget amendment): Treatment Sales Tax- $15,165.32 Public Outreach (news release,community meeting, etc.): N/A Requested Action: Commissioner discussion and approval to pay balance for BH Transportation Pilot Attachments Patty Wagon Invoice MC Contract#22-006 Connecting People To Communities INVOICE The P(�ttyW(�gon www.PottyWagonMobilifycom 360-047-0404 THE PATTY WAGON INC. 581 SE FIREWEED RD. SHELTON WA. 98584 INVOICE # R211/07012023 EIN—45-5463265 DATE: 7-1-2023 DATE DUE: 8-2-2023 TO Melissa Casey Road 2 Recovery NAME DESCRIPTION MILEAGE/ TRIPS AMOUNT OWED HOURS Transportatio Communication w/the client and/or the n and Labor organization, scheduling, dispatching Billing and coordination with the driver, 2624 Miles 271 $ 13,066.11 Invoice transporting the client to and from their 4/20/2023 appointments, fuel cost, etc during the month of March Amount Paid on 51212023 $ 6,462.19 $ 6,603.92 Payment received after 30 days and additional 1.5% interest charge will be $ 198.12 added. $ 6,802.04 Transportatio Communication w/the client and/or the n and Labor organization, scheduling, dispatching Billing and coordination with the driver, 1396 Miles 244 $ 8,239.68 Invoice transporting the client to and from their 5/10/2023 appointments, fuel cost, etc during the month of April Amount Paid $ 0.00 $ 8,239.68 Payment received after 30 days and additional 1.5% interest charge will be $ 123.60 added. $ 8,363.28 TOTAL L $ 15,165.32 Thank you for your business! Enclosed are the original trip slips for trips preformed—Please include this invoice number with your payment. In exchange for services,payment will be net 30 days. For payment received after 30days, a 1 'h %per month interest charge will be applied. If you need any assistance,please call the office at 360-427-0202 MASON COUNTY M( COV\Wd Ck 'A PROFESSIONAL SERVICES CONTRACT D04 CONTRACT# THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and The Patty Wagon , hereinafter referred to as"CONTRACTOR." Contracted Entity The Patty Wagon Address 581 SE Fireweed Road City, State, Zip Code Shelton WA., 98584 Phone 360-427-0202 Primary Contact Name Title Patricia Perry Primary Contact Phone & E- 360-490-5081 mail thepattywagon0rocketmail.com Contractor Fiscal Contact Lisa Contractor Fiscal Phone & 228-365-1379 Email thepattywagon@rocketmail.com Washington State UBI# 603-184-646 Federal EIN 45-5463265 Total Award/Contract Value $80,000 Contract Term Duration February 1st.2022 - December 31st 2023 County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Lydiab@masoncountywa.gov 360427-9670 ext.404 Phone County Fiscal Contact Casey Bingham, Fiscal Manager County Fiscal Email & Phone Caseyb@masoncountywas.gov 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of a pilot project, the Behavioral Health and Recovery Support Transportation program, with Mason County Community Services. 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 The Patty Wagon I/ 41(.11al, 612 P1114 L 1V ILI Authorized Signa ire Date Kevin Shutty,lChair Date APPROVED AS TO FO Z JZ Z2 Professional Services Contract The Patty Wagon 01/2022 Page 1 Tim Whitehead, Chief DPA Date 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 document 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: Treatment Sales Tax 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, Housing RFP Application, 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 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, for a period of up to one year, and for a total of no longer than three years. 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, will serve clients within Mason County under the Mason County Behavioral Health and Recovery Support Services Transportation Program, 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. Professional Services Contract The Patty Wagon 01/2022 Page 2 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 using the template provided. Payment is on the assumption that 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 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 CONTRACTOR agrees not to incur any expenses on the program using COUNTY funding prior to the effective date. The CONTRACT end date is December 31st, 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: Professional Services Contract The Patty Wagon O1/2022 Page 3 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, 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. COTNRACTOR 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: Professional Services Contract The Patty Wagon 01/2022 Page 4 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 Propertv: COTNRACTOR 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-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. Professional Services Contract The Patty Wagon O1/2022 Page 5 Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. 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 tern of the CONTRACT, the COUNTY requires Professional Services Contract The Patty Wagon O1/2022 Page 6 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. 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, 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 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. Vehicle maintenance reimbursement will extend to cover only services provided via this contract and will be detailed in appropriate invoices. 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. Professional Services Contract The Patty Wagon O1/2022 Page 7 t ' Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or 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, attomeys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site Professional Services Contract The Patty Wagon O1/2022 Page 8 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 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 sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any Professional Services Contract The Patty Wagon O1/2022 Page 9 immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of anv claim. damaoes. losses or expenses and such participation shall not constitute a waiver of CONTRACTOR' 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' 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; LvdiaB ,)masoncountvwa.00v Profts"Ienal SaMead Cautrttct The Pa" Wagon 01/2022 Page 10 Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb .masoncountvwa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 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 F. Exhibit D-HCA Professional Services Contract#K4511 LEAD Pilot Site Development 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 The Patty Wagon O1/2022 Page 11 EXHIBIT A SCOPE OF SERVICE Program: Mason County Behavioral Health and Recovery Support Services Transportation Program Program Description: The Mason County Behavioral Health and Recovery Support transportation program is a low barrier/at- will service set up to transport folks needing to access resources such as inpatient, detox, medical appointments, bus stations, UA's, jail re-entry, court dates and all other needed recovery support services necessary for recovery and wellness. Program Expectations: Develop and implement a program that transports Mason County residents to appointments and services within Mason County as well as, when appropriate, coordinate their transportation home. Performance/Reporting and Deliverables: All times and mileages will be annotated on a specified log and will be entered into a database daily. A monthly report titled "Mason County Behavioral Health and Recovery Support Program"will be submitted to Mason County Public Health at the end of each month. This form will specify the number of: • Individuals served • Miles traveled • Types of agencies coordinated with • Individual demographics. n Professional Services Contract The Patty Wagon O1/2022 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 $5,000,000 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. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR.Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. Professional Services Contract The Patty Wagon O1/2022 Page 13 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY.The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above,those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty(30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30)days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice but has the right(but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract The Patty Wagon 01/2022 Page 14 EXHIBIT C BUDGET Submit monthly invoice request electronically to Stacey Ells at staceyeo-masoncountywa.gov and cc Casey Bingham caseyb@masoncountywa.gov The Patty Wagon Year 1 Operations year 1 $40,000 Maximum Contract Total $40,000 The Patty Wagon Year 2 Operations year 2 $40,000 Maximum Contract Total $40,000 'Year two funding shall depend on evaluation of year one performance. BH and Recovery Support Transportation Program will be in pilot phase until expectations are met, per Mason County. 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. Professional Services Contract The Patty Wagon 01/2022 Page 15 MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING July 17, 2023 SON C� Action Items: Discussion Items: • Project Bid Results: o CRP 2011 -North Island Drive culvert replacement project o CRP 2041 Mason Lake Road, Project 2 paver project • Long Haul Request for Proposals Upcoming Calendar/Action Items: July 27, 2023 @ 1:00 pm CRABoard Meeting and County presentations— Bremerton Hampton Inn Scheduled Road Construction Projects: August 71h - 11th Cloquallum Road Rock Creek Bridge Repair @ MP 5.85 — Road closure August 215t- August 25th Satsop Cloquallum Road Cross-Culvert Replacement @ MP 5.20 September 41h -51h Homestead Road Paving from MP 0.00 to MP 0.22 - Closure during working hours. 7:30 am to 4:OOpm. September 61h - 8th Lakeland Road Paving from MP 0.00 to 0.45 - Road closure during working hours 7:30am to 4:OOpm. September 25th - 29th North Shore Road Little Shoefly Culvert Replacement @ MP 8.18 Month of July Chipseal conversation roads (Sunnyside Road, Kelly Hall and Sunnyslope Road) and re-chip sealing Shelton Matlock (from Highland Road to the W) End of July-August Restriping County roads (Contracted project w/Stripe Rite)