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Home My WebLink About2023/07/24 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF July 24, 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 24, 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 24, 2023 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation 9:30 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:00 A.M. WSU Extension—Kela Hall-Wieckert 10:05 A.M. Office of the Washington State Auditor—Tammy Lane 10:20 A.M. Auditor's Office—Steve Duenkel 10:25 A.M. Courts—Paddy McGuire&Patsy Robinson 10:30 A.M. Public Health—Dave Windom 10:40 A.M. Support Services—Mark Neary 10:55 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 07/20/23 at 9:46 AM �rNc� CO&A, Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kela Hall-Wieckert,Noxious Weed Control Ext. 592 Board Coordinator Department:WSU Extension Briefing: N Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 24,2023 Agenda Date: Click or tap here to enter text. Internal Review: N Finance ❑Human Resources N Legal ❑Information Technology N Risk (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: Amendment No.I Contract No.K3547 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board for continuation of a project to control invasive knotweed within the riparian corridors of Mason County. Background/Executive Summary: Amendment No.I Contract No. K3547 will continue the project to control invasive knotweed within the riparian corridors of Mason County for the performance period of July 1,2023 and June 30,2025. Budget Impact(amount, funding source,budget amendment): Contract amount$20,000. 2023$6,000 (no impact to current budget), 2024$I2,000, 2025$2,000. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Request that the Board approves to place Amendment No.1 Contract K3547 on the Action Agenda for signature. Attachments: Amendment No.1 Contract No.K3547 Contract Number: K3547 AMENDMENT NO. 1 CONTRACT NO. K3547 BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD Contract number K3547, including any subsequent modifications thereto, between the Washington State Department of Agriculture and Mason County and its agent Mason County Noxious Weed Control Board, is hereby amended under the provisions of the Agreement Alterations and Amendments clause and by the mutual consent of all parties hereto, as follows: • The end date of the "Period of Performance" is extended from June 30, 2023, to June 30, 2025, unless terminated sooner as provided by the original contract. • Adds $20,000 to the contract, available July 1, 2023, to June 30, 2025. • All previously awarded funds ($20,000) do not carry over and must be spent by June 30, 2023. • Funds added by this Amendment will be used to continue Knotweed control activities as described in the "Plan of WorK' during the period, July 1, 2023, to June 30, 2025. • All "Deliverables" remain same as original contract with annual reports due December 1, 2023, and December 1, 2024. • Funds available July 1, 2021, to June 30, 2023: $20,000.00 Funds available July 1, 2023, to June 30, 2025: 1. Contracted Services...........................................................$4,000.00 2. Salaries and benefits.........................................................$13,500.00 3. Supplies, equipment, and travel............................................$1,825.00 4. Indirect (cannot exceed 5% of salaries and benefits) ...................$675.00 Total funds available July 1. 2023 to June 30, 2025: $20 000 00 Contract K3547 Total $40,000.00 ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF,the parties have executed this amendment. WASHINGTON STATE MASON COUNTY DEPARTMENT OF AGRICULTURE BY: BY: TITLE: TITLE: DATE: DATE: After July 1, 2023 Page 1 of 1 O`�pR OF,S Y Office Washington State1 ��. . • McCarthy Entrance Conference: Mason County The Office of the Washington State Auditor's vision is increased trust in government. Our mission is to provide citizens with independent and transparent examinations of how state and local governments use public funds, and develop strategies that make government more efficient and effective. The purpose of this meeting is to share our planned audit scope so that we are focused on the areas of highest risk. We value and appreciate your input. Audit Scope Based on our planning, we will perform the following audits: Accountability audit for January 1, 2021 through December 31, 2022 We will examine the management, use and safeguarding of public resources to ensure there is protection from misuse and misappropriation. In addition, we will evaluate whether there is reasonable assurance for adherence to applicable state laws,regulations and policies and procedures. We plan to evaluate the following areas: • Accounts payable—credit cards, electronic funds transfers, and Clerk's Office general disbursements • Procurement—purchases, cooperative purchases,joint purchase agreements, and purchasing exemptions • Use of restricted funds—roads and building permits • Cash receipting—timeliness and completeness of deposits at Treasurer and Clerk's Office • Open public meetings—compliance with minutes, meetings, and executive session requirements • Financial condition—reviewing for indications of financial distress • Self-insurance—unemployment Financial statement audit for January 1, 2022 through December 31, 2022 We will provide an opinion on whether your financial statements are presented fairly, in all material respects, in accordance with the applicable reporting framework. The audit does not attempt to confirm the accuracy of every amount, but does search for errors large enough to affect the conclusions and decisions of a financial statement user. Federal grant compliance audit for January 1, 2022 through December 31, 2022 This audit is required by federal law when a local government spends $750,000 or more annually in federal financial assistance. We will provide an opinion on compliance with federal requirements that could have a direct and material effect on your major federal programs. We plan to test the following federal programs: • Community Development Block Grants— 14.228 • Highway Planning and Construction Cluster—20.205 • COVID-19—Coronavirus State and Local Fiscal Recovery Funds (ARPA)—21.027 This report must be submitted, along with the Data Collection Form, to the federal clearinghouse within 30 days after receipt of the report or nine months after the end of the audit period, whichever is earlier. Engagement Letter We have provided an engagement letter that confirms both management and auditor responsibilities, and other engagement terms and limitations. Additionally, the letter identifies the cost of the audit, estimated timeline for completion and expected communications. Levels of Reporting Findings Findings formally address issues in an audit report. Findings report significant results of the audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations or policies. You will be given the opportunity to respond to a finding and this response will be published in the audit report. Management Letters Management letters communicate control deficiencies, non-compliance, misappropriation, or abuse that are less significant than a finding, but still important enough to be formally communicated to the governing body. Management letters are referenced, but not included, in the audit report. Exit Items Exit items address control deficiencies, non-compliance with laws or regulations, or errors that have an insignificant effect on the audit objectives. These issues are informally communicated to management. Important Information Confidential Information Our Office is committed to protecting your confidential or sensitive information. Please notify us when you give us any documents,records, files,or data containing information that is covered by confidentiality or privacy laws. Audit Costs The cost of the audit is estimated to be approximately $111,000 plus travel expenses. Expected Communications During the course of the audit, we will communicate with Leo Kim, CFO on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. Please let us know if, during the audit, any events or concerns come to your attention of which we should be aware. We will expect Mr. Kim to keep us informed of any such matters. Audit Dispute Process Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you have during the performance of our audit. At the conclusion of the audit,we will summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. Loss Reporting Washington state law requires all state agencies and local governments to immediately notify SAO if staff know or suspect loss of public resources, or of other illegal activity including a cyber-attack if it resulted in a loss of public resources or potentially impacted financial records or systems. State and local government employees should alert us to suspected fraud through the online Report a Suspected Fraud or Loss form below. These notifications can be made on our website at www.sao.wa._og v/report-a-concern/how-to-report-a-concern/fraud- pro rg Cybersecurity Loss Reporting State and Local governments may also be required to report cybersecurity issues to the Washington State Attorney General's Office (AGO) or to the State Auditor's Office, including security breaches and cyber fraud. To learn more about when to report cybersecurity issues, please visit our website at hgps:Hsao.wa. ovg /has-your- government-experienced-a-cybersecurity-issue-here-is-when-and-how-to-report/. Peer Reviews of the Washington State Auditor's Office To ensure that our audits satisfy Government Auditing Standards,our Office receives external peer reviews every three years by the National State Auditors Association(NSAA). The most recent peer review results are available online at www.sao.wa.gov/about-sao/who-audits-the-auditor/. Our Office received a "pass" rating, which is the highest level of assurance that an external review team can give on a system of audit quality control. Emerging Issues Some of the emerging issues affecting local governments include fraud prevention. Please see our attached guide for elected officials. Working Together to Improve Government Audit Survey When your report is released, you will receive an audit survey from us. We value your opinions on our audit services and hope you provide us feedback. Local Government Support Team This team provides support services to local governments through the Budget,Accounting,and Reporting System (BARS) and annual online filing technical assistance, provides accounting, reporting and BARS training. Our website and client portal offers many resources,including a client Help Desk that answers auditing and accounting questions, updated BARS manuals, access to resources and recorded trainings, and additional accounting and reporting resources. Additionally, this team assists with the online filing of your financial statements. The Center for Government Innovation The Center for Government Innovation of the Office of the Washington State Auditor offers services designed to help you, help the residents you serve at no additional cost to your government. What does this mean? They provide expert advice in areas like building a Lean culture to help local governments find ways to be more efficient, effective and transparent. The Center also provides financial management technical advice and best practices and resources. These can be accessed from the "Improving Government" tab of our SAO website and help you act on accounting standard changes, comply with regulations, protect public resources, minimize your cybersecurity risk and respond to recommendations in your audit. The Center also offers the Financial Intelligence Tool, better known as FIT, to help you assess and monitor your finances and compare your financial operations to other local governments like you. You can email the Center for a personal training session to learn all the benefits using the FIT tool can provide. The Center understands that time is your most precious commodity as a public servant, and wants to help you do more with the limited hours you have. If you are interested in learning how the Center can help you maximize your effect in government, call them at (564) 999-0818 or email them at Center(c-r�,sao.wa. og_v. Audit Team Qualifications Tammy Lane,Assistant State Auditor—Tammy has been with the State Auditor's Office since April 2015. She earned her Associates in Technical Arts in Accounting from Olympic College and has Bachelor's Degree in Business Management from University of Phoenix. Since starting with Team Port Orchard, she has led many audits including housing authorities, cities, PUDs, and school districts and currently serves as a fraud specialist for Team Port Orchard. Phone: (360) 845-1482 or Tammy.Lane(c�r�,sao.wa.gov Fernando Ribeiro,Assistant State Auditor—Fernando has worked for the State Auditor's Office since October 2022.Fernando has a Bachelor's Degree in Business Administration from Eastern Washington University.Phone: (360) 845-7050 or fernando.ribeirodasilva(absao.wa.gov Jennifer Gossett, Assistant State Auditor—Jennifer has worked for the State Auditor's Office since February 2023. Jennifer has a Bachelor's Degree in Accounting from Colorado Technical University. Phone: (360) 845- 7051 or Jennifer. og ssettAsao.wa.gov Kelsey Kulbeth, Assistant State Auditor — Kelsey graduated from Western Washington University with a Bachelor's Degree in Economics/Mathematics. She worked for two years as an External Auditor at the Washington State Department of Transportation before starting at the State Auditor's Office in July 2019. She is currently one of SAO's Procurement Subject Matter Experts. Phone (360) 845-1481 or Kelsey.Kulbeth(c-r�,sao.wa.gov Vinny Shiel,Assistant Audit Manager—Vinny has been with the State Auditor's Office since 2017. During his time at the Office, he led audits for a wide variety of governments within Snohomish County. Vinny has also reviewed numerous complex federal grants. His previous professional experience includes running a small online business, operating a student computer lab at Everett Community College, working in logistics for Amazon, and assisting Snohomish County with ballot collection during elections. Vinny graduated from Central Washington University with a Bachelor's degree in Accounting. He recently became CPA eligible and has applied to take the exams. Phone: (425) 510-0488 or Vincent.Shiel(c�r�,sao.wa.gov Amy Strzalka, CPA, Program Manager—Amy has worked for the State Auditor's Office since 2013. In her role, she oversees Team Port Orchard, which performs financial, single and accountability audits for local governments in Kitsap, Mason, Jefferson, Clallam, and portions of Pierce and King Counties. She also oversees our Agency's audits of Fire Districts, Emergency Services Agencies and Trauma Care Councils. She previously served as an Assistant Audit Manager for the Port Orchard team and as the Agency Reporting Specialist for the Audit Support and Quality Assurance team. Amy has a Master's Degree in Accounting and is a Certified Public Accountant. Phone: (360) 845-1476 or Amy.Strzalka(a sao.wa.gov Tina Watkins, CPA, Assistant Director of Local Audit—Tina has been with the Washington State Auditor's Office since 1994. In her role as Assistant Director, she assists with statewide oversight and management of all the audits for local government. She served as an Audit Manager for six years prior to becoming an Assistant Director of Local Audit. Phone: (360) 260-6411 or Tina.Watkinsgsao.wa.gov Kelly Collins,CPA,CFE,Director of Local Audit—Kelly has been with the Washington State Auditor's Office since 1992. In her role, she oversees the audit teams that perform the audits for over 2,200 local governments. She serves on the Washington Finance Officers Association Board and is a member of the Washington Society of Certified Public Accountants' Government Auditing and Accounting Committee. Phone: (564) 999-0807 or Kelly.Collins _,sao.wa.gov • v i rus u ve ri 0 A guide for elected officials & appointed boards to prevent fraud • Look inside for our special 0 O pullout with three simple ` • © 0 techniques to detect fraud OR OF c�' ` 'ci`in� � �'3 • • ``9`SIiI NG�•� r Preventing fraud begins at the top Fraud occurs when an employee is deliberately deceptive in order to attain personal or financial gain,and it costs businesses billions of dollars every year.While corporate fraud may dominate the headlines,in reality,smaller organizations—including local governments—are more vulnerable to fraud, and their average financial loss is twice that of larger organizations. Employee fraud often comes as a shock to those charged with oversight of a government when it happens in their own agencies.It shouldn't.Just because fraud hasn't been discovered or possibly hasn't happened,does not mean that your agency is not vulnerable. Not only can fraud damage your government's finances,assets and hard-earned reputation,it can also affect your government's ability to obtain funding,attract top staff and maintain public trust. As an elected official or a member of an appointed board,you have a duty to understand your government's operations. You also have a key role to play when it comes to fighting fraud.Boards and other officials have the responsibility to lead by example,which demonstrates to employees that you are ` committed to preventing,detecting and responding to fraud. The State Auditor's Office(SAO)created this resource to help you understand �l G your role as an elected official or board ?iG member in fighting employee fraud. Throughout this resource,you will find tips for implementing policies and best practices that can help you A. prevent,detect and respond to fraud •`O� 9 in your government. '1� Aga Types ofemployeefraud Employee fraud comes in many forms and appears at all levels within your government.An employee intending to commit fraud will often take their time to learn a process fully before they misuse it for personal gain. Examples of fraud schemes used by employees include: • Pocketing cash or equivalent(inventory/equipment/supplies) ` • Not properly recording vacation and sick leave used,and then cashing out leave • Falsifying reporting of overtime or extra pay,or creating and adding fictitious employees to the payroll • Changing vendor bank account information to their personal bank account • Using agency credit cards and/or fuel cards for personal purchases ' Submitting reimbursements for expenses not incurred • Using government assets for personal gain Red flags ' Employees who commit fraud often show certain behaviors—or red flags— that indicate they might be engaging in wrongdoing.While these red flags do not always mean that an employee is committing fraud,understanding and recognizing them can help your government more quickly detect fraud and mitigate any losses.For example,an employee who works long or odd hours and does not take sick leave or vacation may seem like a very dedicated public employee. However,that employee may also be taking advantage of business hours in which they are less likely to get caught committing fraud.Here are other behavioral red flags to be aware of: • Living beyond their means • Experiencing financial difficulties • Excessive control issues or unwillingness to share duties • Unusually close relationship with a vendor or customer RIP- W, k4 3 The ACFE 2022 Report to the Nations concluded that at least one of these red flags appeared in 92 percent of fraud cases.The ACFE also estimates that the average organization loses 5 percent of its annual revenue to fraud each year,causing a median loss of$117,000 before it is detected. SAO investigates frauds in all types of governments,from large state agencies to small special purpose districts.We have found that people in all types of positions at every level of government,from administrative assistants to department heads and elected officials,perpetrate fraud.On average,our office reports$3.8 million of public fund losses annually. No matter what type or size of government you oversee, fraud could happen to you. How employee fraud happens Usually,an employee chooses to commit fraud when three factors align:pressure,opportunity and rationalization— also known as the Fraud Triangle. • Pressure.The employee has a motivation or need for money,often due to financial hardship. • • Opportunity.The employee has the opportunity • to commit fraud because of the organization's • • poor internal controls.For example,a lack of segregation of duties allows an employee to commit and conceal the fraud at the same time. • Rationalization.The employee convinces themselves that what they did was okay.For example,they rationalize that they deserve the additional _ compensation because they are underpaid and overworked. An organization has little control over the pressures an • _ • • _ • employee may feel or the rationalizations they may make. To break the Fraud Triangle,governments instead must focus on reducing the opportunity for a fraud to occur. Preventing fraud Your first line of defense in minimizing fraud risk is fraud prevention. 0^Aak Board members have a responsibility to develop an organization-wide framework that aims to prevent fraud. Here are tips to consider when designing your government's fraud-prevention framework: • Set the tone at the top.A key responsibility of the board is to set the appropriate tone at the top through your attitudes,actions and communications.This tone helps define your agency's culture and influences the behavior of managers,employees,vendors,contractors and other stakeholders. • Set expectations for every employee as it relates to fraud. Do not tolerate fraud at any level of the agency.Communicate this message—verbally and in writing—to all your employees. Ensure that management is encouraging ethical behavior and empowering employees,customers and vendors to insist that ethical standards are met every day. • Talk about fraud risks at your board meetings.Have discussions at the board level about how fraud could occur,what internal controls your government has in place to prevent fraud,and how someone could override those controls. • Establish a fraud policy.A well-crafted fraud policy is critical for communicating your agency's anti-fraud Learn stance,the expected process for reporting fraudulent actions,and what happens to those who commit fraud. Sample fraud policies from Your policy should focus on deterrence,detection,and No correction of misconduct and dishonesty. > Association of Certified • Be alert to the possibility of conflicts of interest. Fraud Examiners It is not always possible to avoid conflicts of interest. Make sure that you identify and appropriately > The Fraud Advisory Panel manage any potential, perceived or actual conflicts. For example, be aware of an employee—or even another board member—using their position to make financial decisions that result in an undisclosed personal gain. • Beware of the trusted employee syndrome. _ The trusted employee syndrome occurs when boards and executives put full faith into someone and rely on their word because they trust them. It is great to have ` trusted employees in your agency, but you should also ask to see information from independent sources to verify their work,such as system-generated reports and actual bank statements. Remember:Trust is not an internal control. L& 4 • Attend meetings and interact with your external and internal auditors. Do you understand the risks and issues auditors have identified relating to internal controls?SAO's auditors encourage board members to attend entrance and exit meetings for audits,and they will talk with you about Keep in mind that executives risks your agency might encounter. and those higher up in • Perform a fraud risk assessment.A risk assessment is a management can cause the process for identifying your government's vulnerabilities to fraud and developing a plan to mitigate those risks largest losses • agency. before they cause damage.As board members,you can Someone in youragency perform this assessment annually or hire a consultant to complete an independent assessment.Your insurance who is willing to steal company may also provide this service for a small fee. knows the controls • After you have completed your risk assessment,you will want operating procedures th, to evaluate your government's insurance coverage for fraud _ in place to • revent loss. Make sure your agency has adequate coverage in the event a fraud occurs and that you regularly reassess whether • • they also know it is enough.Also,take a close look at which employees you how to circumvent those are bonding to minimize the agency's risk of misappropriation. controls and how to conceal fraud.their • the effectiveness of your controls, • • • How to perform a risk assessment: keep in mind the risk of 1. Identify and document risks management override. Start with identifying fraud risks,which should include consideration of all types of schemes and scenarios, incentives, pressures and opportunities to commit fraud. 991mb Ift- 2. Weigh the risks Assess the relative likelihood of each fraud risk occurring. Interview staff and other key stakeholders to learn more about their roles. 3. Mitigate the risks Learn more Decide what the response should be to address the identified risks.You may want to conduct a cost-benefit Watch this •-minute video analysis of fraud risks to help determine which controls on how • conduct a fraud or specific fraud-detection procedures to implement. risk assessment. 4. Monitor the risks Continually monitor the identified risks and conduct ongoing risk assessments to help mitigate them. 6 Detecting • You can never fully prevent fraud,so it is important to have a process for identifying fraudulent activities or attempts.As a board member,you are ultimately responsible for ensuring management fulfills its internal control responsibilities. Too often,smaller organizations—those with fewer than 100 employees—rely on external auditors to detect fraud. "F� Yet,when it comes to detecting fraud,auditors typically Segregation f Duties identify only about 5 percent of fraud cases.Auditors • should not be viewed as a substitute for your board's guide describes h• to own ongoing monitoring and development of policies - • . • . duty and procedures. assignments • protect Top five ways perpetrators your government's assets. conceal their fraud It covers • - of Are you hesitant to review documents and ask staff too financial processes from many questions? Here are the most common methods— cash receipting to payroll according to the ACFE—that employees use to concea66- l their fraud,which underscore why your board should rr and _banking. guide • pay attention. includes additional —lop control options for governments •r small 91 1 32 % operations larger • • alteredcreated fraudulent physical documentsphysical documents 2 � 1 1 PIS% created fraudulent altered electronic electronic documents documents orfiles ® I 23 1 1 destroyed o - . physical documents 7 Here are tips for improving your board's ability to detect fraud: • Make sure your board is receiving accurate and timely financial information.Most boards have fiscal responsibilities relating to budgeting or approving expenditures. For example, it is very important that you review actual documents and system-generated reports before approving expenditures. • Ask questions to ensure you understand what you are approving,and make sure those answering your questions can provide adequate supporting documents. • • • • • • Set up a tip hotline.A tip hotline offers an anonymous • • • • • - • way for people to report concerns via phone,mail _ • or internet about suspected fraud.According to the ACFE,tips are the most common detection method • by a significant margin-42 percent in the 2022 • • • - report—with more than half coming from employees and another 18 percent from customers.Many insurance companies or government risk pools may be able to • • ' • • • help provide this service to your government at a very Q _ • • • low cost. It is important to make sure that someone independent of operations,such as a board member, receives those tips. • 1 '$10,000 000'0 L$ $10,000 000`0 L$ $10,000 $10,000 • - 000 _ 1 _L 000'0 L$ - • - 0 L$ _ $10,000 - - - ' $10,000 $10,000 - 1 $10,000 ) 000`0 L$ $' ), $10000, DO NOT accept verbal presentations or answers when approving expenditures. DO 1. Review original documents and system-generated reports before approving Review expenditures. expenditures before you 2. Ask questions to make sure you understand all expenditures paid,which will approve them help to confirm and verify expenses are for legitimate business purposes. 3. Make sure the staff answering your questions can provide adequate,original documents to support their statements. DO NOT ignore your agency's bank statements or think you do not have enough time to review them. A simple 15-minute scan of the transactions could help you detect unusual activity, The truth lies especially if you review the statements each month and develop a baseline in the bank expectation of activity level and type. statements DO 1. Make sure you know the source of the bank statements.Are they original,or are they copies that an employee could have altered before providing them for review? 2. Independently review the bank statements.If the employee misappropriating funds is the same person reviewing the bank statements and performing the reconciliation,the loss of funds could go undetected for years. 3. Take the time to understand how money comes in and goes out of your agency. Failure to review the bank statement might seem like a small oversight, but it could have drastic consequences. Bank account activity is the core source of a government's money flow in and out. DO NOT accept verbal presentations or answers when approving payroll amounts. Employee compensation is typically one of the largest operating expenses for governments. Pay DO attention 1. Request a detailed payroll report that shows compensation paid to each employee. to payroll 2. Review employee compensation by types of compensation paid,such as salaried amounts,overtime,stipends or extra pay. 3. Ask questions to make sure you understand any compensation paid that is beyond the normal salaried amounts. 4. Make sure employee compensation agreements are documented and clearly defined.Consider annually comparing actual amounts paid to employment agreements to confirm that the amounts paid align with agreements. Responding tofraud If your government has not experienced an employee fraud yet,it likely will at some point.Moreover,when fraud is suspected or confirmed,it can be a chaotic time for your government.Being prepared to respond to a fraud event is critical to your government's response time, recovery and overall credibility. Preparing for fraud before it happens • Develop a fraud response plan.Having a fraud response plan to follow will help your board navigate through the crisis effectively and efficiently.The plan should include important steps to follow when addressing a fraud concern and help with identifying important details around the suspected or confirmed fraud.It should include how to handle notifying others who need to know,such as legal counsel, law enforcement and SAO. • Plan for negative public and media attention before it happens.As part of your fraud response The 10 Rs of Crisis plan,designate a spokesperson for your agency and develop a process for handling media inquiries. Managementgood Consider media training for your board,too. road map for designing . plan to respond, What to do when you discover manage and " ' " fraud from employeefraud. Washington state law(RCW 43.09.185) requires all Make sure to formally state agencies and local governments to notify SAO document your fraud immediately if staff suspects or knows that a loss of public resources or other illegal activity has occurred. response • • In the unfortunate event that your government is incorporate it into victim to fraud,we recommend you take the your fraud • • following actions: • Follow your fraud response plan. • Report the loss to SAO using the form on our website. Even if you do not have all the information yet, report the loss as soon as you can.You can always update a mill • loss report when you have more information to share. • Protect your agency's accounting records.Secure all original records related to the loss in a safe place until Learn SAO has completed its investigation. For example,you should secure backup copies of computer records and Questions about fraud? original paper records related to the situation in a vault, safe or locked cabinet until the investigation is complete. Contact SAO's • • Notify others who need to know.This may include other Investigations governing board members,department managers or fraud@sao.wa.gov financial officers,depending on the circumstances. • Notify your legal counsel and file a police report with the local or state law enforcement agency,if appropriate. • Do not enter into a restitution agreement with an employee before an investigation has established the amount of loss.Under state law (RCW 43.09.260), local governments must obtain written approval from SAO and the Attorney General's office before they make any Adak restitution agreement,compromise,or settlement of loss claims covered by RCW 43.09.185. Tips for responding to public and media attention • Act and respond quickly.Designate a spokesperson (if you have not already). i This can be an executive leader or an elected/appointed leader.Do your best to find someone who has had some media training. / • Be transparent.Try to have as many facts confirmed as possible before speaking publicly.Once you do speak publicly and you get a question that you do not have an answer to,it is okay to say that you do not have the information at the moment, but will find out. • Tell the truth the first time.Make sure your facts are nailed down.Changing a series of facts after you have gone public with them breaks trust.If possible,tell the whole story at once.Try your best to avoid trickling out information. • Keep the audience as the focus.Remember,reporters are trying to inform the same people you are.Do not argue with them. Ignore intentionally antagonistic people online.Do not block them,but do not engage with them either. � / 11 • poN, � Additional resources • Suspect a loss of public funds?This resource provides basic guidance on what to expect when working with SAO. • SAO's Resource Library offers a variety of free guides,checklists and best practices to help Washington governments improve internal controls to prevent fraud. • SAO's Preventing Fraud webpag_e contains multiple internal control assessment tools,guidebooks,free training links,and additional resources to help combat fraud. • Bank statements deserve your attention.This article provides tips and best practices for what to look for when reviewing bank statements. • Fraud Prevention Checklist—This checklist can help you test the effectiveness of your fraud prevention measures. • The Association of Washington Cities(AWC) provides multiple educational resources and services for governments.Specific to risk management,we suggest looking at these pages: > Risk Management Service Agency(wacities.orgl > Elected officials essentials workshop(wacities.org) • The Municipal Research and Services Center(MRSC) provides good guidance on board responsibilities and practical tips for board members. For assistance This resource was developed by the Office of the Washington State Auditor. Please send any comments,questions,or suggestions to the Special Investigations Team at fraud@sao.wa.gov. Disclaimer This resource is provided for informational purposes only.It does not represent prescriptive guidance,legal advice,an audit recommendation,or audit assurance. It does not relieve governments of their responsibilities to assess risks,design appropriate controls,and make management decisions. r o � o - O dop - X o 0 "Our vision is to increase trust in government. We are the public's • window into how tax money is spent." —Pat McCarthy, State Auditor Washington®r"', Office P.O. Box 40031 Olympia WA 98504 www.sao.wa.gov • 1-564-999-0950 ® 0 q�R OFJ a • • • the Washington State Auditor 1 1 LCM: O I LO C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Steve Duenkel Ext.468 Department: Auditor's Office Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 24,2023 Agenda Date: Internal Review: ❑X Finance ❑ Human Resources © Legal ❑X 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• Auditor's Office/Recoding Department website update to include improved Records Public Access software from Tyler Technologies. Background/Executive Summary: The Auditor's Office will be featuring the upgraded Records Public Access software from Tyler Technologies. This upgrade provides features that make it easier for citizens to search for recorded land records and data, retrieve documents and images,purchase them,download them,and print them, including electronically certified and encrypted copies through secure on-line access. This will provide additional revenue to the County and allow Recording staff to focus on higher priority needs of constituents. We will also offer as part of this upgrade free(to participating customers)"Fraud Guard"notification services that provide an e-Mail alert when a public document is filed using the individual or business name. These notifications will help protect citizens from land record fraud. Budget Impact(amount, funding source,budget amendment): • 2023 - $22,500.0 for software and project management services for implementation. • $1500.00 annual maintenance fee. • These funds will be reallocated from within the Recording Department Operations&Maintenance Budget. Public Outreach (news release,community meeting, etc.): Following successful implementation and testing,we plan to issue a new release through local media. Requested Action: N/A Attachments: None C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Paddy McGuire&Patsy Robinson Ext.206 Department: Superior Court Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 24,2023 Agenda Date: August 1,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑X Information Technology ❑ Risk (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• Justice AV Solutions(JAVS)Upgrade Background/Executive Summary: The Superior and District Courts use JAVS to record official proceedings. The version of JAVS that is currently being used will become unsupported on December 31,2023 and must be upgraded this year. Superior Court is requesting funding for the three courtrooms in the Courthouse,plus Juvenile Court and Building 6. District Court is requesting funding for the two courtrooms in Building 10. Budget Impact(amount, funding source,budget amendment): For Superior Court$27,185.30. For District Court$4,194.24. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Justice AV Solutions (JAVS)upgrade in the amounts of$27,185.30 for Superior Court and$4,194.24 for District Court. Attachments Quote .y r r oy WA Mason Co Superior Court Historic Ctrm A SID-08491 Rec 8 & Sure 8 Upgr WA Mason County Courts 419 N 4th St. Modified: 4/28/2023 Shelton,WA 98584 Quote Valid for 90 Days OPP-51056 ' �:1•- :j' �-.- .�c. _ •'{.Sir !-r�jyc"�t � _ '•` � , A 91 • - •1 yS �`•'�i�i fit �..:� .��• `i:�+� P.J1;1- �f 'i 1� • :4. "' :,�� .'. ••i,a•'p• � tit;.��'�,��4 iI�• -� �,�� +A,GGG ` �.t: �� .I'",.irk � .�'•. ,_ =''� 1'�i`.�1F,r� .+� �• L 's��[ S .`i''.= -�,' ;',f'. •1. .tea. �E��M�r•+vi+"" �•+ 1 � _- - -• - - ;%i .'.•'.: �� -- A... �i�,'�'�,', '�, 'cam. t .ti err; P .�..T_: -• . ��'r µi•_^.�': .-fir ,ha.• .�. _rr .el• i 6 + L- IL 4. ate "r I �� v' + `ll' '.ti ,.Vick• ��* � • '• V��y -•Z �.% ��,il,r .. r `r fitt ,; .��•. -r.-• 1 `� I •��. 14 Shelly Knopf Justice AV Solutions, Inc 13020 Middletown Industrial Blvd ' Louisville, KY40223 US4 (502)244-8788 wwwjays.com JUSTICEAVSOLUTION WA Mason County Courts WA Mason County Courts Superior Court Historic Courtroom A SID-08491 Recorder 8 and Suite 8 Upgrade c,D 0 4`a 1 Fvc S Soite 8 Upgr T caci t 2 of 5 1011m, IT 1-mamillomm- 1 JAVS JAV-REC8-SD-M $3,500.00 JAVS All-In-One Recorder 8 Base Model with MultiChannel Audio -4:3 Aspect Ratio(320x240,480060,640x480) - 16:9 Aspect Ratio(640x360) 1 JAVS JAV-SRMK $70.00 Rack Mount Kit for(1)One JAVS Recorder 1 JAVS JAV-LABOR-REC-U $185.00 Labor for Recorder Upgrade Installation Equipment: $3,570.00 Labor: $185.00 RECOMMENDED SOFTWARE REQUIREMENTS: Windows 70 Microsoft.NET Framework 4.7.2 Intel iS 4th Gen 8GB RAM 40 G8 SSD 70/700/7000MB Network Adapter 1 JAVS JAV-SW-ALBS $1,00000 JAVS Auto Log 8 Logging and Control Software for JAVS Recorder 8 1 JAVS JAWSW-P85 $375.00 Publisher 8 Session Publishing Software 1 JAVS JAV-SW-V8S $000 Viewer 8 Session Viewing Software for Transcription 1.5 JAVS JAV-LABOR-AS $277.50 Labor for Autolog Software Installation Equipment: $1,375.00 Labor: $277.50 � •r • l WA f:las.-In Co Su;ierinr cou-t 1-li0cric Ctrin A SID-0�,491 l;; I Suite €S Upat . ,, •,; i t-,,'ram �� _ 1 JAVS JAWSHIPPING $75.00 Shipping Equipment: $75.00 Labor: $0.00 ORM LIP rr Equipment Subtotal: $5,020.00 Labor Subtotal: $462.50 Project Subtotal: $5,482.50 WA P,Iasan Cc' H.c.tk)r-ir 4-trrr A SID-0,9491 Rec 5 S;IitC' 8 IJpg. Equipment: $5,020.00 Labor: $462.50 Sales Tax: $482.46 Grand Total: $5,964.96 Payment Schedule Amount Due Date Initial Payment Prior to Scheduling $1,491.24 Final Payment Upon Completion**Payment Due 30 $4,473.72 Days from Invoice Date** Client accepts this Quote inclusive of its Scope of Work, Pricing and Payment Terms.Contractor agrees to furnish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Carolyn Putin Date S1 U19 K� 4/28/202-3 Contractor: Justice AV Solutions, Inc Date WA MaSo11 CCU SUOPf Qf LOM t HiSlO+lr E-u rv. A SID-ON 391 F. - S -� Suite 8 lipg, o ® a -WA Mason Co Superior Court Modular Ctrm SID-08494 Rec 8 & Suite 8 Upgr WA Mason County Courts 419 N 4th St. Modified: 4/28/2023 Shelton,WA 98584 Quote Valid for 90 Days OPP-51058 h S fir• 'I Y �, ' ��•` t F _ .a, '" • 'ice.•. � �•,v-• '4^ "� ' I •.•r ..M . �` .•c ,�`Y-;,:L�� 'i,fit .� ' ':4,•i., .. ��•7�� Z �' . . :; t<iYy°y✓r='r - 1 G• flits 7il a r" •, .`, . -i��r .•-.; , '. "•.. � o-'L � �'. �L `t �� :tit mm i � t.' .. -y �a.* '. S,v •ems J' /f�� +. 1;�. ,� �• � � y.` ii�� . . .��. •';�.- ,..++'yy «'•��"� of. :�;y , 'k .�f�y}7,� 4•-t��. ,� \ , '��. Shelly Knopf Justice AV Solutions, Inc - 13020 Middletown Industrial Blvd j Louisville, KY 40223 US (502)244-8788 www.jays.com JIJSTICEAVSOLUTIONS WA Mason County Courts WA Mason County Courts Superior Court Modular Courtroom SID-08494 Recorder 8 and Suite 8 Upgrade :ifs. �.L�ti� l 1, 7 j� ��i; "�0 ,�. ..t i \"i'll � rl��-I��t�-• .'� �Y :�.� t. ri I�'. am-- am" ME= I JAVS JAV-REC8-SD-M $3,500.00 JAVS All-In-One Recorder 8 Base Model with MultiChannel Audio -4.3 Aspect Ratio(320x240,480060,640x480) - 16:9 Aspect Ratio(640060) 1 JAVS JAV-SRMK $70.00 Rack Mount Kit for(1)One JAVS Recorder 1 JAVSJAV-LABOR-REC-U $185.00 Labor for Recorder Upgrade Installation Equipment: $3,570.00 Labor: $185.00 RECOMMENDED SOFTWARE REQUIREMENTS.- Windows 70 Microsoft.NET Framework 4.7.2 Intel i5 4th Gen BGB RAM 40 GB SSD 70110017000MB Network Adapter 1 JAVS JAV-SW-AL8S $1,000.00 JAVS Autolog 8 Logging and Control Software for JAVS Recorder 8 1 JAVS JAV-SW-P8S $375.00 Publisher 8 Session Publishing Software 1 JAVS JAV-SW-V8S $0.00 Viewer 8 Session Viewing Software for Transcription 1.5 JAVS JAV-LABOR-AS $277.50 Labor for Autolog Software Installation Equipment: $1,375.00 Labor: $277.50 I: WA Mason & SLIPP1101 Co�jrt %1(7r1ular Ct,n) AID-08494 Pc-c 8 Suite 2 Ul)gr 1 JAVS 1AV-SHIPPING $7S.00 Shipping Equipment: $75.00 Labor: $0.00 r Equipment Subtotal: $5,020.00 Labor Subtotal: $462.50 Project Subtotal: $5,482.50 WA Ma-,Of) CC) 5ur,Fr+�)r PAOC11-1I;:1 Ct::11 SID i;,fit,; f,`,_ e & Su.te 8 UOgr Equipment: $5,020.00 Labor: $462.50 Sales Tax: $482.46 Grand Total: $5,964.96 IMMMM Payment Schedule Amount Due Date Initial Payment Prior to Scheduling $1,497 24 Final Payment Upon Completion**Payment Due 30 $4,473.72 Days from Invoice Date— Client accepts this Quote inclusive of its Scope of Work,Pricing and Payment Terms.Contractor agrees to furnish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Carolyn Putin Date S ly K"r. f 4/z s/zoz3 Contractor: Justice AV Solutions, Inc Date WA Nlaso-i Co SOV--110r C(Rat 1`:iO(k&:41 Ctrn) SID-9?494 Rec 8 $- Suite 8 ;ipgr WA Mason Co Superior Court Ctrm B SiD•-08493 }sec 8 & Suite 8 Upgr WA Mason County Courts 419 N 4th St. Modified: 4R13/2023 Shelton,WA 98584 Quote Valid for 90 days OPP-51057 AA �.� � a � ' l L_:�t. '• ''�• :•..r. •,"i4, ,�S}�ail f_ _ram. "• _ - _ ' ._ ,^r' �«.• _" .Ir.' kl►O -. .••,�.�, / ... '`�' •_ Z sib � "� •��•�v-,'♦ - �yP - *'. r-•.�`'�`•`'M\•►�• .i rl ;� - 1?. r r •{ s 1. Shelly Knopf Justice AV Solutions, Inc 13020 Middletown Industrial Blvd , Louisville, KY 40223 US :,:• ,•' (502)244-8788 %vww jays.eom JUSTICE&VSOLUTIOh!S ffffim�� - WA Mason County Courts WA Mason County Courts Superior Court Courtroom 8 SID-08493 Recorder 8 and Suite 8 Upgrade rr 1 CC ! �11 nn JIi�71 :�Ft ��+��5'_J'�I CO Pipe; or t_lr!I11 �tl��t � �I�)-ni�..i�:"i ('�r.'. V Li 5!Itw tvj ( _ cage 1 of ra--W--,- Now 1 JAVS JAV-REC8-SD-M $3,500.00 JAVS All-in-One Recorder 8 Base Model with MultiChannel Audio -4:3 Aspect Ratio(320x240,48Ox360, 640x480) - 16:9 Aspect Ratio(640060) 1 JAVS JAV-SRMK $70 00 Rack Mount Kit for(1)One JAVS Recorder 1 JAVS JAV-LABOR-REC-U S185.00 Labor for Recorder Upgrade Installation Equipment: $3,570.00 Labor: $185.00 1 i i fl RECOMMENDED SOFTWARE REQUIREMENTS.- WI 70 Microsoft.NET Framework 4.7.2 Intel i5 4th Gen 8GB RAM 40 GB SSD 70170017000MB Network Adapter 1 JAVS JAV-SW-AL8S $1,000.00 JAVS AutoLog 8 Logging and Control Software for JAVS Recorder 8 1 JAVS JAV-SW-P8S .$375.00 Publisher 8 Session Publishing Software 1 JAVS JAV-SW-V8S $0.00 Viewer 8 Session viewing Software for Transcription 1.5 JAVS JAV-LABOR-AS S277.S0 Labor for Autolog Software Installation Equipment: $1,375.00 Labor: $277.50 NIA PAa5on CO 5t!pCr�nr C,Dl-l!I C!�n) B c ID-t1�G5? ReC e S�!!19 $ (jpgr 1 JAVSJAV-SHIPPING $75.00 Shipping Equipment: $75.00 Labor: $0.00 Equipment Subtotal: $5,020.00 Labor Subtotal: $462.50 Project Subtotal: $5,482.50 WA A:1a:a•i Uo CCIMI-t Ctrrn B SID-08,19� Pec Suite 8 Upgr Equipment: $5,020.00 Labor: $462.50 Saies Tax: $482 46 Grand Total: $5,964.96 Payment Schedule Amount Due Date Initial Payment Prior to Scheduling $1,491.24 Final Payment Upon Completion"Payment Due 30 $4,473.72 Days from Invoice Date*" Client accepts this Quote inclusive of its Scope of Work,Pricing and Payment Terms.Contractor agrees to furnish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Carolyn Putin Date Skttt'y KA,o-f 4/28/2023 Contractor: Justice AV Solutions, Inc Date WA Ma,on Cc, 5+if ^r.nr Court C:trn` WA Mason Co Superior Court District Ctrm SID-08492 Rec 8 & Suite 8 Upgr WA Mason County Courts 419 N 4th St. Modified; 4/28/2023 Shelton,WA 98584 Quote Valid for 90 Days OPP-51059 414 ..�• .1:� •y4: .?t ^.`• �j '�s«i:,.:r.,ti� r -� .. ,�• '•fit+• .�;.,ice r,." - .,•. x� ,�+�_�� y:._Qy�• �#y.�4•sr_ � t ��'y{ �_ •i� w r);.�, �y �i`i-�•rr ,�' ,fir ,. �+L�' +�•- � .. ' .Y • •�S �•. `fir �r 4 l i �.ii t" µ+. �' r. .�_hl, I� 111 .5 !�•�� °� � ..his!•. it A JB = u r L +! ` ' f '� .''• M'P{�`y'�' ,��' 1 •�!i -•,.ate +" -'• - ��..• `r'� 1 l Shelly Knopf Justice AV Solutions, Inc 13020 Middletown Industrial Blvd Louisville, KY 40223 US (502) 244-8788 www.jays.com JUSTICEJJVSOLUTIONS WA Mason County Courts WA Mason County Courts Superior Court District Courtroom SID-08492 Recorder 8 and Suite 8 Upgrade %'/A Ma 71t Co J.... "i.11 C:i-1't r) :i Ict (A, I- _IJD-GP_4�4 2 FC` ;Lilt(- N Up jl I JAVS JAV-RECB-SD-M $3,500.00 JAVS All-In-One Recorder 8 Base Model with MultiChannel Audio -4:3 Aspect Ratio(320x240,480060, 640x480) - 16:9 Aspect Ratio(640x360) 1 JAVS JAV-SRMK $70.00 Rack Mount Kit for(1)One JAVS Recorder 1 JAVS JAV-LABOR-REC-U $185.00 Labor for Recorder Upgrade Installation Equipment: $3,570.00 Labor: $185.00 RECOMMENDED SOFTWARE REQUIREMENTS: Windows 70 Microsoft.NET Framework 4.7.2 Intel iS 4th Gen 8GB RAM 40 GB SSD 70/700/1000MB Network Adapter 1 JAVS JAV-SW-AL8S $1,000.00 JAVS Auto Log 8 Logging and Control Software for JAVS Recorder 8 1 JAVS JAV-SW-PBS $375.00 Publisher 8 Session Publishing Software 1 JAVS JAV-SW-V8S $0.00 Viewer 8 Session Viewing Software for Transcription 1.5 JAVS JAV-LABOR-AS $277.50 Labor for Autolog Software Installation Equipment: $1,375.00 Labor: $277.50 WA Mason Co Superior Court District Ctrm S'D-08492 Rec 8 u SjitF 8 Upgr 1 JAVS JAV-SHIPPING $75.00 Shipping Equipment: $75.00 Labor: $0.00 f Equipment Subtotal: $5,020.00 Labor Subtotal: $462.50 Project Subtotal: $5,482.50 WA Mason Co S:1,:Je,i,)r Cc, in Di;tart Ct,n, SO-08492 Rec 8 Suite 8 lipgi of 5 '70. B ® p Equipment: $5,020.00 Labor: $462.50 Safes Tax: $482.46 Grand Total: $5,964.96 Payment Schedule Amount Due Date Initial Payment Prior to Scheduling $1,491.24 Final Payment Upon Completion*Payment Due 30 $4,473.72 Days from Invoice Date" Client accepts this Quote inclusive of its Scope of Work, Pricing and Payment Terms.Contractor agrees to furnish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Patsy Robinson Date S�.� KK4r j - 4/2 8/2023 Contractor: Justice AV Solutions, Inc Date WA Mason Co Sung_,lor '-n,Jrr Dfs1r1"t h1 I- SJ;t= 8 Upq. a � - a WA Mason County Courts Courtroom 204 Live Streamer WA {Mason County Courts 419 N 4th Street Modified: 5/3/2023 Shelton,WA 98584 Qoote Valid for 90 Days OPP-51075 tat + P ard �'�., i•�. .. � d •.,•!NA M,�• .cam^.d �t•u�n','' Shelly Knopf Justice AV Solutions, Inc ' 13020 Middletown Industrial Blvd n ,�,- Lociisville, KY 40223 US - (502)244-8788 www.jays.com !t lh;:' WA Mason County Courts WA Mason County Courts Courtroom 204 SID-89883 This is a quote for a streaming device so that they can live web stream their feed from Courtroom 204. 1 Videon ECEZ-BAST: $1,775.00 Encode-Single Channel input/Single Stream Output, Single profile Requires VCare Support" 1 Videon SUP-VCARE $236.50 Ware Premium Support 24x7x365 (Auto renews Annually) 1 Comprehensive Cable NFHD186-3PROBLK $19,99 NanoFlex"N Pro AV/IT Integrator Series"" Certified 4K 18G Nigh Speed HDMI Cable Jet Black 3ft 5 JAVS JAV-LABOR-OS $925.00 Labor for Online Streaming Installation Equipment: $2,031.49 Labor: $925.00 IM 3. 14- 90M -MOM- - 1 JAVS JAV-SHIPPING $100.00 Shipping Equipment: $100.00 Labor: $0.00 lip BA��&1, Equipment Subtotal: $2,131.49 Labor Subtotal: $925.00 Project Subtotal: $3,056.49 Equipment: $2,131.49 Labor: $925.00 Sales Tax: $26$97 Grand Total: $3,325.46 Payment Schedule Amount Due Date PO Approval Before Installation"Payment Due 30 Days $3,325.46 from Invoice Date" Client accepts this Quote inclusive of its Scope of Work, Pricing and Payment Terms.Contractor agrees to furnish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Carolyn Putin Date SPL'e� k� 5-/3/2202.3 Contractor: Justice AV Solutions, Inc Date .FA• u..r. .�. • s - I� _ / T, t•T^��..tt — r + •0• , � _ � � � _+fir y��-��/`/yj+'�(�"`a7- VVA Mason Co Superior Court District Ctrrn 3 51®--89615 Staite S Upgr WA Mason County Courts 419 N 4th St. Modified: 4/28/2023 Shelton, WA 98584 Quote Valid for 90 days OPP-51060 PIN f9.r�•re.�aG�•�t V a� � A..as {• _ �r-•�rrt?d isy, Shelly Knopf Rm Justice AV Solutions, Inc ate. 13020 Middletown Industrial Blvd �;' _ r `ir=•a_ Louisville, KY40223 US (502)244-8788 www.jays.com JUSTICE/VSOLUTIONS r` K WA Mason County Courts WA Mason County Courts Superior Court District Courtroom 3 SID-89615 Suite 8 Upgrade,already has a Recorder 8, if needed we will pull extra RAM for the recorder from the MCU. WA i"`!lason Co Superior Court District Ctrm 3 SID-89615 Suite 8 Upgr 5•n y,y rij ) i;T.} I I a-.• ` Price Includes Accessorle5 il.T•L' .•. ',��.rfY�1i?• ia, .owri .�r .�^4'� ,s'••:,�� • _ � � '�' t_ . -- +.'- � •'�•.ht i 1 ' '1 ° ° ° ° •e' ° a e ° o o -, t}. �,�l��x ZS r;. •Jl. '�11 i ' ysr4 •t *` ia�'� '�.r:' F at:S1i�.`J e.� RECOMMENDED SOFTWARE REQUIREMENTS- Windows 70 Microsoft.NET Framework 4.7.2 Intel i5 4th Gen 8GB RAM 40 GB SSD 10110017000MB Network Adapter 1 JAVS JAV-SW-AL8S $1,000.00 JAVS AutoLog 8 Logging and Control Software for JAVS Recorder 8 1 JAVS JAV-SW-P8S $375.00 Publisher 8 Session Publishing Software 1 JAVS JAV-SW-S8S $275.00 Scheduler 8 Session Scheduling Software 1 JAVS JAV-SW-VSS $0.00 Viewer 8 Session Viewing Software for Transcription 1.5 JAVS JAV-LABOR-AS $277.50 Labor for Autolog Software Installation Equipment: $1,650,00 Labor: $277.50 Equipment Subtotal: $1,650.00 Labor Subtotal: $277.50 Project Subtotal: $1,927.50 WA Mason Co Superior Court District Ctrm 3 SID-89615 Suite 8 Upgr Nice Includes Accessories Val-, . . :3..;, Pd9e 3 of Equipment: $1,650.00 Labor: $277.50 Sales Tax: $169.62 Grand Focal: $2,097.12 Pavrnent Schedule Amount Due Date Initial Payment Prior to Scheduling $524.28 Final Payment Upon Completion"Payment Due 30 $1,572.84 Days from Invoice Date'" Client accepts this Quote inclusive of its Scope of Work, Pricing and Payment Terms.Contractor agrees to furnish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Patsy Robinson Date S kzu j( 14 0-0-� 4/2-812.02-3 Contractor: Justice AV Solutions, Inc Date WA Mason Co Superior Court District Ctrm 3 SID-89615 Suite 8 Upgr ;ect[moo JUST-3611 Rev p •�r��'/�� t)r.r,•�vt' ;� :'� ;;_ aye -1 e t f v i • ic 1.a fit,,!-r WA Mason Co Superior Court District Ctrm 2 SID-89614 Suite 8 Upgr WA Mason County Courts 419 N 4th St. Modified: 4/28/2023 Shelton, WA 98584 Quote Valid for 90 bays OPP-51061 may�,.. a �..i• r ^.sic ai'•. �• � �y'l,ti .: -�d - a ,�• ` ��, ry ' .� '' �«^��L•.��t' :��``?'� max, •4 y' 'max• y�"� j r 1�'�:�- .� t�„•i4 ��'.�`�`�Cu,• .�nlyd Sj. Shelly Knopf Justice AV Solutions, Inc �3 L 13020 Middletown Industrial Blvd Louisville, KY40223 U5 ` % (502)244-8788 wwwjays.com JUSTICEMYSOLUTIONS WA Mason County Courts WA Mason County Courts Superior Court District Courtroom 2 SID-89614 Suite 8 Upgrade, already has a Recorder 8, if needed we will pull extra RAM for the recorder from the MCU. WA Mason Co Superior Court District Ctrm 2 SID-89614 Suite 8 Llpgr Pnce Indudes Accessones P59e t J f r„7r `.�-- •.Y. W-'R r a o a .«s. .� •, 4 �F.+ic: �.. 7. RECOMMENDED SOFTWARE REQUIREMENTS: Windows 70 Microsoft.NET Framework 4.7.2 Intel iS 4th Gen 8GB RAM 40 GB SSD 70170017000MB Network Adapter 1 JAVS JAV-SW-ALBS $1,000.00 JAVS AutoLog 8 Logging and Control Software for JAVS Recorder 8 1 JAVS JAV-SW-P8S $375.00 Publisher 8 Session Publishing Software 1 JAVS JAV-SW-S8S $275.00 Scheduler 8 Session Scheduling Software 1 JAVS JAV-SW-VBS $0.00 Viewer 8 Session Viewing Software for Transcription 1.5 JAVS JAV-LABOR-AS $277.50 Labor for Autolog Software Installation Equipment: $1,650.00 Labor: $277.50 Equipment Subtotal: $1,650.00 Labor Subtotal: $277.50 Project Subtotal: $1,927.50 WA Mason Co Superior Court District Ctrm 2 SID-89614 Suite 8 Upcgr Price hukide-<Access,-),ies , , page 3 of 4 �g�s CJ •a � _ t � D � c Equipment: $1,650.00 Labor: $277.50 Sa[es Tax: $169.62 Grand Total: $2,097.12 Payment Schedule Amount Due Date Initial Payment Prior to Scheduling $524.28 Final Payment Upon Completion **Payment Due 30 $1,S72.84 Days from Invoice Date`* Client accepts this Quote inclusive of its Scope of Work, Pricing and Payment Terms.Contractor agrees to fumish the equipment and materials listed and perform the work in an expedient,workmanlike and professional manner. Client: Patsy Robinson Date S"wj K 4/z8/202-3 Contractor: Justice AV Solutions, Inc Date WA Mason Co Superior Court District Ctrm 2 SID-89614 Suite 8 Upgr :'•oject No IU,T•.M15 Pdge of - C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Paddy McGuire Ext.206 Department: Superior Court Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 24,2023 Agenda Date: August 1,2023 Internal Review: ❑ Finance ❑ Human Resources 0 Legal ❑ Information Technology ❑ Risk (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• Juvenile Detention Alternatives Initiative(JDAI) Grant Contract SFY 2023-2025 Background/Executive Summary: The Juvenile Detention Alternative is a nationwide effort created by the Annie E. Casey Foundation to reduce the use of detention and increase the use of more effective interventions. Mason County has been a JDAI site since 2009 and received a yearly grant to help support the efforts. These grant funds enable the County to provide staff support and create and implement alternative programming in lieu of detention. Budget Impact(amount,funding source,budget amendment): There are no matching funds requirements for this grant. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Juvenile Detention Alternatives Initiative(JDAI) implementation County Program Agreement with the State of Washington Department of Children,Youth, &Families(DCYF) agreement no. 2363-50084 for SFY 2023-2025 for the maximum agreement amount of$56,000. Attachments Agreement DCYF Agreement Number COUNTY PROGRAM AGREEMENT 2363-50084 JDAI Implementation This Program Agreement is by and between the State of Washington Administration or Division Department of Children, Youth & Families (DCYF) and the County identified Agreement Number below. County Agreement Number DCYF ADMINISTRATION DCYF DIVISION DCYF INDEX NUMBER DCYF CONTRACT CODE Department of Children, Youth, Children, Youth and Families 1229 2000CC-63 and Families DCYF CONTACT NAME AND TITLE DCYF CONTACT ADDRESS Jenny Young 1115 Washington St SE Program Coordinator OI mpia, WA 98504-5828 DCYF CONTACT TELEPHONE DCYF CONTACT FAX DCYF CONTACT E-MAIL 360 522-2320 Click here to enter text. jenny.young@dcyf.wa.gov COUNTY NAME COUNTY ADDRESS Mason County Mason County Juvenile Court PO Box 368 Shelton, WA 98584 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Mike Dunn COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL 360 427-9670 Mfd@masoncountywa.gov IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? No PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2023 06/30/2025 $56,000.00 EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: ® Exhibits (specify): No Data Security Exhibit , Exhibit A: Statement of Work, Exhibit B: Approved Budget ❑ No Exhibits. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DCYF only upon signature by DCYF. COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED DCYF SIGNATURE PRINTED NAME AND TITLE DATE SIGNED General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in the Agreement, shall each have the following definitions: a. "Agreement" means this Department of Children Youth & Families (DCYF) County Agreement on General Terms and Conditions and any exhibits and other documents attached or incorporated by reference. Unless plainly inconsistent with context, the term "Agreement" includes and refers to all such agreements collectively. b. "CFR" means the Code of Federal Regulations. All references in this Agreement and any Program Agreement to CFR chapters or sections shall include any successor, amended, or replacement regulation. c. "County" means the political subdivision of the state of Washington named above performing services pursuant to this Agreement and any Program Agreement. d. "County Representative" means an individual in the position of County Manager, County Administrator, County Executive, or other similar position which reports to the highest governing body responsible for the subject matter of the Agreement or applicable Program Agreement(s). e. DCYF Contracts Administrator" means the individual in the DCYF Contracts Department with oversight authority for the Department of Children Youth & Families statewide agency contracting procedures, or their appropriate designee. f. "DCYF Contracts Department" means the Department of Children Youth & Families statewide agency headquarters contracting office, or successor section or office. g. "DCYF Representative" means any DCYF employee who has been delegated contract-signing authority by the DCYF Secretary or his/her designee. h. "Department of Children, Youth & Families" or"DCYF" means the Washington agency devoted exclusively to serve and support Washington state's youth and their families. i. "Debarment" means an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. j. "General Terms and Conditions" means the contractual provisions contained within this Agreement, which govern the contractual relationship between DCYF and the County, under the Program Agreements subsidiary to and incorporating therein by reference this Agreement. k. "Program Agreement" or"County Program Agreement" means a written agreement between DCYF and the County containing special terms and conditions, including a statement of work to be performed by the County and payment to be made by DCYF. This term may also refer to an agreement between DCYF and the County, which was transferred to DCYF by operation of law. I. "RCW" means the Revised Code of Washington. All references in this Agreement and any Program Agreement to RCW chapters or sections shall include any successor, amended, or replacement statute. m. "Secretary" means the individual appointed by the Governor, State of Washington, as the head of DCYF, or his/her designee. n. "Subcontract" means a separate Agreement between the County and an individual or entity ("Subcontractor")to perform all or a portion of the duties and obligations that the County shall Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 2 General Terms and Conditions perform pursuant to any Program Agreement. o. "USC" means the United States Code. All references in this Agreement and any Program Agreement to USC chapters or sections shall include any successor, amended, or replacement statute. p. "WAC" means the Washington Administrative Code. All references in this Agreement and any Program Agreement to WAC chapters or sections shall include any successor, amended, or replacement regulation. 2. Amendment. This Agreement, or any term or condition thereof, may be modified only by a written amendment signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 3. Assignment. Except as otherwise provided herein in Section 21, the County shall not assign rights or obligations derived from this Agreement or any Program Agreement to a third party without the prior, written consent of the DCYF Contracts Administrator and the written assumption of the County's obligations by the third party. 4. Billing Limitations. Unless otherwise specified in a Program Agreement, DCYF shall not pay any claims for services submitted more than twelve (12) months after the calendar month in which the services were performed. 5. Compliance with Applicable Law. At all times during the term of this Agreement and any Program Agreement, the County and DCYF shall comply with all applicable federal, state, and local laws, regulations, and rules, including but not limited to, nondiscrimination laws and regulations and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 6. County Certification Regarding Ethics. By signing this Agreement, the County certifies that the County is in compliance with Chapter 42.23 RCW and shall comply with Chapter 42.23 RCW throughout the term of this Agreement and any Program Agreement. 7. Debarment Certification. The County, by signature to this Agreement, certifies that the County is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement or any Program Agreement by any federal department or agency. The County also agrees to include the above requirement in all subcontracts into which it enters. 8. Disputes. Both DCYF and the County ("Parties") agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of the Agreement or applicable Program Agreement(s), either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If the managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DCYF ("Secretary") and the County Representative or their deputy or designated delegate. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and the County Representative. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 3 General Terms and Conditions Upon receipt of the referral and relevant documentation, the Secretary and County Representative will confer to consider the potential options for resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and County Representative may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and County Representative are unable to come to a mutually acceptable decision within fifteen (15) days, they may agree to issue an extension to allow for more time. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under the Agreement or applicable Program Agreement(s) that are not affected by the dispute. The final decision will be put in writing and will be signed by both the Secretary and County Representative. If the Agreement is active at the time of resolution and amendment of the Agreement is warranted for ongoing clarity, the Parties will execute an amendment to incorporate the final decision into the Agreement. If this dispute process is used, the resolution decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. Notwithstanding the foregoing, each Party reserves the right to litigate issues de novo in court. 9. Entire Agreement. This Agreement and any Program Agreement, including all documents attached to or incorporated by reference into either, shall contain all the terms and conditions to be agreed upon by the parties. Upon execution of any Program Agreement, this Agreement shall be considered incorporated into that Program Agreement by reference. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement or any Program Agreement shall be deemed to exist or bind the parties. 10. Governing Law and Venue. The laws of the state of Washington govern this Agreement. In the event of a lawsuit by the County against DCYF involving this Agreement or a Program Agreement, venue shall be proper only in Thurston County, Washington. In the event of a lawsuit by DCYF against the County involving this Agreement or a Program Agreement, venue shall be proper only as provided in RCW 36.01.050. 11. Responsibility. Each party to this Agreement shall be responsible for the negligence of its officers, employees, and agents in the performance of any Program Agreement. No party to this Agreement or any Program Agreement shall be responsible for the acts and/or omissions of entities or individuals not party to this Agreement and any Program Agreement. DCYF and the County shall cooperate in the defense of tort lawsuits, when possible. Both parties agree and understand that such cooperation may not be feasible in all circumstances. DCYF and the County agree to notify the attorneys of record in any tort lawsuit where both are parties if either DCYF or the County enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible thereafter, and the notice may be either written or oral. 12. Independent Status. For purposes of this Agreement and any Program Agreement, the County acknowledges that the County is not an officer, employee, or agent of DCYF or the state of Washington. The County shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of DCYF or the state of Washington. The County shall not claim for itself or its employees any rights, privileges, or benefits which would accrue to an employee of the state of Washington. The County shall indemnify and hold harmless DCYF from all obligations to pay or withhold federal or state taxes or contributions on behalf of the County or the County's employees. 13. Inspection. Either party may request reasonable access to the other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Agreement, any Program Agreement, and applicable laws and regulations. During the term of any Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 4 General Terms and Conditions Program Agreement and for one (1)year following termination or expiration of the Program Agreement, the parties shall, upon receiving reasonable written notice, provide the other party with access to its place of business and to its records which are relevant to its compliance with this Agreement, any Program Agreement, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize either party to possess or copy records of the other party. 14. Insurance. DCYF certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. The County certifies that it is self-insured, is a member of a risk pool, or maintains insurance coverage as required in any Program Agreements. The County shall pay for losses for which it is found liable. 15. Maintenance of Records. During the term of this Agreement and for six (6) years following termination or expiration of this Agreement, both parties shall maintain records sufficient to: a. Document performance of all acts required bylaw, regulation, or this Agreement; b. Demonstrate accounting procedures, practices, and records that sufficiently and properly document the County's invoices to DCYF and all expenditures made by the County to perform as required by this Agreement. 16. Operation of General Terms and Conditions. These General Terms and Conditions shall be incorporated by reference into each Program Agreement between the County and DCYF in effect on or after the start date of this Agreement. These General Terms and Conditions govern and apply only to work performed under Program Agreements between the parties. 17. Order of Precedence. In the event of an inconsistency in this Agreement and any Program Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: a. Applicable federal and state of Washington statutes and regulations; b. This Agreement; c. The Program Agreement(s). 18. Ownership of Material. Material created by the County and paid for by DCYF as a part of any Program Agreement shall be owned by DCYF and shall be "work made for hire" as defined by 17 USC§ 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the County uses to perform a Program Agreement but is not created for or paid for by DCYF is owned by the County and is not"work made for hire"; however, DCYF shall have a perpetual license to use this material for DCYF internal purposes at no charge to DCYF, provided that such license shall be limited to the extent which the County has a right to grant such a license. 19. Severability. The provisions of this Agreement and any Program Agreement are severable. If any court holds invalid any provision of this Agreement or a Program Agreement, including any provision of any document incorporated herein or therein by reference, that invalidity shall not affect the other provisions this Agreement or that Program Agreement. 20. Subcontracting. The County may subcontract services to be provided under a Program Agreement, Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 5 General Terms and Conditions unless otherwise specified in that Program Agreement. If DCYF, the County, and a subcontractor of the County are found by a jury or other trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission under this Agreement or any Program Agreement, then DCYF shall be responsible for its proportionate share, and the County shall be responsible for its proportionate share. Should a subcontractor to the County pursuant to a Program Agreement be unable to satisfy its joint and several liability, DCYF and the County shall share in the subcontractor's unsatisfied proportionate share in direct proportion to the respective percentage of their fault as found by the trier of fact. Nothing in this section shall be construed as creating a right or remedy of any kind or nature in any person or party other than DCYF and the County. This provision shall not apply in the event of a settlement by either DCYF or the County. 21. Subrecipients. a. General. If the County is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the County will: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the County is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the County and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. b. Single Audit Act Compliance. If the County is a subrecipient and expends $750,000 or more in federal awards from all sources in any fiscal year, the County will procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the County will: (1) Submit to the DCYF contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 6 General Terms and Conditions c. Overpayments. If it is determined by DCYF, or during the course of a required audit, that the County has been paid unallowable costs under this or any Program Agreement, DCYF may require the County to reimburse DCYF in accordance with 2 CFR Part 200. 22. Survivability. The terms and conditions contained in this Agreement or any Program Agreement which, by their sense and context, are intended to survive the expiration of a particular Program Agreement shall survive. Surviving terms include, but are not limited to: Disputes, Responsibility, Inspection, Maintenance of Records, Ownership of Material, Subcontracting, Termination for Default, Termination Procedure, and Title to Property. 23. Termination Due to Change in Funding, Agreement Renegotiation or Suspension. If the funds DCYF relied upon to establish any Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this Agreement but prior to the normal completion of any Program Agreement: a. At DCYF's discretion, the Program Agreement may be renegotiated under the revised funding conditions. b. Upon no less than fifteen (15) calendar days' advance written notice to County, DCYF may suspend County's performance of any Program Agreement when DCYF determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow the County's performance to be resumed prior to the normal completion date of the Program Agreement. For purposes of this sub-section, "written notice" may include email. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DCYF determines that the funding insufficiency is resolved, it will give the County written notice to resume performance. Upon the receipt of this notice, the County will provide written notice to DCYF informing DCYF whether it can resume performance and, if so, the date of resumption. (3) If the County's proposed resumption date is not acceptable to DCYF and an acceptable date cannot be negotiated, DCYF may terminate the Program Agreement by giving written notice to the County. The parties agree that the Program Agreement will be terminated retroactive to the effective date of suspension. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the retroactive date of termination. c. DCYF may terminate the Program Agreement by providing at least fifteen (15) calendar days' advance written notice to the County. DCYF shall be liable only for payment in accordance with the terms of the Program Agreement for services rendered through the effective date of termination. No penalty shall accrue to DCYF in the event the termination option in this section is exercised. 24. Termination for Convenience. The DCYF Contracts Administrator, or appropriate designee, may terminate this Agreement or any Program Agreement in whole or in part for convenience by giving the County at least thirty (30) calendar days' written notice addressed to the County at the address shown on the cover page of the applicable agreement. The County may terminate this Agreement and any Program Agreement for convenience by giving DCYF at least thirty (30) calendar days' written notice addressed to: DCYF Contracts Department, PO Box 45710, Olympia, Washington 98504-5710. 25. Termination for Default. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 7 General Terms and Conditions a. The DCYF Contracts Administrator, or appropriate designee, may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to the County, if DCYF has a reasonable basis to believe that the County has: (1) Failed to meet or maintain any requirement for contracting with DCYF; (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any Program Agreement; or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. b. Before the DCYF Contracts Administrator, or their appropriate designee, may terminate this Agreement or any Program Agreement for default, DCYF shall provide the County with written notice of the County's noncompliance with the agreement and provide the County a reasonable opportunity to correct the County's noncompliance. If the County does not correct the County's noncompliance within the period of time specified in the written notice of noncompliance, the DCYF Contracts Administrator, or appropriate designee, may then terminate the agreement. The DCYF Contracts Administrator may terminate the agreement for default without such written notice and without opportunity for correction if DCYF has a reasonable basis to believe that a Client's health or safety is in jeopardy. c. The County may terminate this Agreement or any Program Agreement for default, in whole or in part, by written notice to DCYF, if the County has a reasonable basis to believe that DCYF has: (1) Failed to meet or maintain any requirement for contracting with the County; (2) Failed to perform under any provision of this Agreement or any Program Agreement; (3) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any Program Agreement; and/or (4) Otherwise breached any provision or condition of this Agreement or any Program Agreement. d. Before the County may terminate this Agreement or any Program Agreement for default, the County shall provide DCYF with written notice of DCYF's noncompliance with the agreement and provide DCYF a reasonable opportunity to correct DCYF's noncompliance. If DCYF does not correct DCYF's noncompliance within the period of time specified in the written notice of noncompliance, the County may then terminate the agreement. 26. Termination Procedure. The following provisions apply in the event this Agreement or any Program Agreement is terminated: a. The County shall cease to perform any services required by the Program Agreement as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination which are related to the transfer of clients, distribution of property, and termination of services. b. The County shall promptly deliver to the DCYF contact person (or to his or her successor) listed on the first page of the Program Agreement, all DCYF assets (property) in the County's possession, including any material created under the Program Agreement. Upon failure to return DCYF property within fifteen (15)working days of the Program Agreement termination, the County shall be charged Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 8 General Terms and Conditions with all reasonable costs of recovery, including transportation. The County shall take reasonable steps to protect and preserve any property of DCYF that is in the possession of the County pending return to DCYF. c. DCYF shall be liable for and shall pay for only those services authorized and provided through the effective date of termination. DCYF may pay an amount mutually agreed by the parties for partially completed work and services, if work products are useful to or usable by DCYF. d. If the DCYF Contracts Administrator terminates any Program Agreement for default, DCYF may withhold a sum from the final payment to the County that DCYF determines is necessary to protect DCYF against loss or additional liability occasioned by the alleged default. DCYF shall be entitled to all remedies available at law, in equity, or under the Program Agreement. If it is later determined that the County was not in default, or if the County terminated the Program Agreement for default, the County shall be entitled to all remedies available at law, in equity, or under the Program Agreement. 27. Treatment of Client Property. Unless otherwise provided in the applicable Program Agreement, the County shall ensure that any adult client receiving services from the County under a Program Agreement has unrestricted access to the client's personal property. The County shall not interfere with any adult client's ownership, possession, or use of the client's property. The County shall provide clients under age eighteen (18)with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination or completion of the Program Agreement, the County shall promptly release to the client and/or the client's guardian or custodian all of the client's personal property. This section does not prohibit the County from implementing such lawful and reasonable policies, procedures and practices as the County deems necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting clients' access to, or possession or use of, lawful or unlawful weapons and drugs). 28. Title to Property. Title to all property purchased or furnished by DCYF for use by the County during the term of a Program Agreement shall remain with DCYF. Title to all property purchased or furnished by the County for which the County is entitled to reimbursement by DCYF under a Program Agreement shall pass to and vest in DCYF. The County shall take reasonable steps to protect and maintain all DCYF property in its possession against loss or damage and shall return DCYF property to DCYF upon termination or expiration of the Program Agreement pursuant to which it was purchased or furnished, reasonable wear and tear excepted. 29. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. No waiver shall be construed to be a modification of the terms and conditions of this Agreement unless amended as set forth in Section 2, Amendment. Only the DCYF Contracts Administrator or designee has the authority to waive any term or condition of this Agreement on behalf of DCYF. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 9 Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "DCYF" means the Department of Children, Youth, and Families. b. "OJJ" means the Office of Juvenile Justice under the DCYF. c. "JDAI" means the Juvenile Detention Alternatives Initiative that the Washington State Partnership Council on Juvenile Justice, in partnership with seven county juvenile courts has adopted as a detention reform and system improvement initiative. d. "DRAI" means the Detention Risk Assessment Instrument. e. "EBP" means Evidence Based Practices. f. "WSIPP" means the Washington State Institute for Public Policy. g. "EHM" means Electronic Home Monitoring. 2. Purpose. To provide funding to the seven JDAI jurisdictions in the state in order to support their implementation of the JDAI Core Strategies. 3. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth in Exhibit A: Statement of Work— JDAI Implementation, attached and incorporated by reference herein. 4. Approved Budget. Contractor's Budget for providing services under this Contract is attached as Exhibit B. 5. Background Checks and Sexual Misconduct. Contractors and each of their employees, subcontractors and/or volunteers, who may have unsupervised access to clients, shall have a cleared and approved current criminal history and background check. 6. Billing and Payment: a. The Contractor shall submit a Financial Report Form, (format to be provided by OJJ), to the assigned Contract Manager on a monthly or quarterly basis depending on the Contractor's preference. Financial Reports may not be submitted for any period less than one month or more than three months. b. The Contractor's Financial Report Form shall be submitted no later than 30 days past the last day of the month, in which services were provided. c. DCYF shall pay the Contractor upon acceptance of a properly completed Financial Report. d. Payment shall be considered timely if made by DCYF within 30 days after the receipt of the properly completed invoice. e. Payment shall be sent to the Contractor's address on page one of this Contract. f. The Contractor accepts the DCYF payment as the sole and complete payment for the services provided under this contract. g. DCYF shall not reimburse the Contractor for authorized services not provided to clients, or for Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 10 Special Terms and Conditions services provided which are not authorized or are not provided in accordance with this "Statement of Work." If DCYF pays the Contractor for services authorized but not provided by the Contractor in accordance with this Contract's "Statement of Work," the amount paid shall be considered to be an overpayment. h. If this Contract is terminated for any reason, DCYF shall pay for only those services authorized and provided through the date of termination. 7. Prohibition of Use of Funds for Lobbying Activities. The Contractor shall not use funds payable under the Contract for lobbying activities of any nature. The Contractor certifies that no state or federal funds payable under this Contract shall be paid to any person or organization to influence, or attempt to influence, either directly or indirectly, an officer or employee of any state or federal agency, or an officer or member of any state or federal legislative body or committee, regarding the award, amendment, modification, extension, or renewal of a state or federal contract or grant. Any act by the Contractor in violation of this prohibition shall be grounds for termination of this Contract, at the sole discretion of DCYF, and shall subject Contractor to such monetary and other penalties as may be provided by law. 8. Administrative Records. The Contractor shall retain all fiscal records that substantiate all costs charged to DCYF under this Contract. 9. Resolution of Differences. In the event of any differences between the parties on matters related to the interpretation and implementation of this Contract, the parties shall first attempt to resolve the difference informally between themselves at the local or regional level, by following the regional conflict resolution process. If the parties are unable to resolve their difference as stated above, then either party may submit a request for dispute resolution as provided in the section, Disputes below. 10. Disputes. a. Either party who has a dispute concerning this Contract may submit a written request for dispute resolution. The amount of any rate set by law, regulation, or DCYF policy is not disputable. A party's written request for dispute resolution must include: (1) A statement identifying the issue(s) in dispute; and (2) Contractor's name, address and contract number. b. The request must be mailed to the following address within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue, which is disputed. c. A copy of the current DCYF's dispute resolution process is available at any time by written request. d. Requests for dispute resolution or for a copy of the current DCYF's dispute resolution process should be sent to: Department of Children, Youth & Families Attention Contracts Unit P.O. Box 40983 Olympia, WA 98504-0983 Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 11 Special Terms and Conditions e. This dispute resolution process is the sole administrative remedy available under this Contract. 11. Quality and Outcome Measures (Performance Based Contracting). Beginning July 1, 2019, DCYF is strategically implementing quality and outcome performance measures in contracts that provide services to children and families as required by RCW 43.216.015. The purpose of this change is to help achieve DCYF's long-term outcome goals, with a focus on building partnerships, using data to learn and improve, and advancing racial equity. a. DCYF Outcome Goals for Children, Youth, and Families supported by Office of Juvenile Justice contracts include: (1) Youth will experience an increase in school engagement. (2) High School Graduation rates are increased (3) Youth development will be supported and not hindered through program and system implementation (4) Youth Mental/Health will improve as a result of programs provided by contractors b. OJJ Client Service Contract QUALITY Metrics: Contractor Level (1) Contractor is required to submit quarter reports on time & accurately. Failure to do so will result in invoices being held for payment until reports are received. c. OJJ Client Service Contract OUTCOME Metrics: System Level (1) The system will work to identify and add programs to the WISPP EBP list of best practices and promising programs. OJJ will add at least one program every 3 years to the WISPP EBP list to support better practices for youth and families served. Failure to do so will result in OJJ identifying additional funding to achieve the above-mentioned target. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 12 Special Terms and Conditions Exhibit A—STATEMENT OF WORK Mason County JDAI Implementation 1. Contractor Obligations. Mason County Juvenile Court shall: a. Work to achieve the goals outlined in the submitted Implementation Plan; incorporated by reference herein: (1) Reduce overrepresentation of youth of color in the Mason Co. Juvenile Court System: a) Increase staff awareness and knowledge of racial and ethnic equity. b) Increase staff awareness and competence about sexual orientation, gender identity, and gender expression. c) Provide training to staff as opportunities arise. (2) Reduce admissions to the Mason County Juvenile Detention Center: a) Fund an electronic home monitoring program for appropriate pre and post-adjudicated youth. b) Finalize a contract with Affordable EHM to provide EHM services to Mason County court involved youth. b. Complete and submit the following Quarterly Data Report: Admissions to Detention by the 30' of each month following the end of the quarter. 2. JDAI Quality Assurance Requirements: Mason Counties Juvenile Court shall: a. Participate in monthly one-on-one conference calls with the JDAI State Coordinator; b. Participate in quarterly Local JDAI Site Coordinator Conference Calls; and c. Attend and participate in the JDAI State Steering Committee Meetings. The Office of Juvenile Justice shall: a. Provide technical support to the Contractor upon request. b. Conduct two site visits as Public Health policies allow. 3. Deliverables. The deliverables include the following reports due to the JDAI State Coordinator per the due dates outlined below. a. Quarterly Progress Reports (aka: Stoplight Report) and Quarterly Data Reports by the 30th of the month following the end of the quarter: October 3011, January 3011, April 3011, and July 30tn b. Financial Reports to be submitted on a quarterly basis (October 30th, January 301h, April 301h, and July 30th) at a minimum; however, monthly submissions are also acceptable. c. Annual Data Report due by March 15th, 2024 for the 2023 Calendar Year and by March 15th, 2025 for the 2024 Calendar Year. 4. Consideration: The total maximum consideration payable to the Contractor for satisfactory performance of the work under this Contract is $28,000 (Fiscal Year 1) and $28,000 (Fiscal Year 2) for activities occurring Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 13 Special Terms and Conditions between July 1, 2023 and June 30, 2025 including any and all expenses, and shall be based upon Exhibit B: JDAI Site Implementation Budget, attached and incorporated by reference herein. All quarterly data reports and progress reports must be received prior to payment of invoices submitted to the JDAI State Coordinator. Invoices submitted without quarterly data reports and progress reports will be held until required reports are submitted. All grant funds for Fiscal Year 1 must be expended by June 30, 2024. All grant funds for Fiscal Year 2 must be expended by June 30, 2025. No unspent funding from the Fiscal Year 1 Budget may be carried over into the Fiscal Year 2 Budget. Up to 10% of the total budget may be moved between the line items or categories without an amendment with prior written approval from the OJJ Director or designated Contracts Manager. Contractor shall provide a written request for any changes and an updated budget proposal when needed. Any budget amendments over 10% must obtain an approved contract amendment and updated approved budget prior to any expenditures being made. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 14 Special Terms and Conditions Exhibit B—APPROVED BUDGET Mason County JDAI Implementation APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 GRANT FUND DATE: Department of Children,Youth and Families AWARD SOURCE: 1500 Jefferson Ave., Olympia, WA 98501 CONTRACT#: 1-501-00523 General 7/1/2023 Fund PROJECT JDAIImplementation: TITLE: Year 1 PROJECT 7/1/2023 to 6/30/2024 PERIOD: This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $21,650 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN- $0.00 0.00% KIND MATCH OTHER SERVICES $4,350 PROJECT INCOME $0.00 0.00% AND CHARGES EQUIPMENT $300.00 OTHER FUNDS $28,000 100.0% CAPITAL/OUTLAY TRAVEL $200 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $28,000 TOTAL PROJECT $28,000 100% FUNDS SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Carly Ward, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Mike Dunn, 360-427-9670 ext.334 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 30, 2023 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 15 Special Terms and Conditions APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 GRANT FUND DATE: Department of Children,Youth and Families AWARD SOURCE: 1500 Jefferson Ave., Olympia, WA 98501 CONTRACT#: 1-501-00523 General 7/1/2023 Fund PROJECT JDAIImplementation: TITLE: Year 2 PROJECT 7/1/2024 to 6/30/2025 PERIOD: This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $21,650 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN- $0.00 0.00% KIND MATCH OTHER SERVICES $4,350 PROJECT INCOME $0.00 0.00% AND CHARGES EQUIPMENT $300.00 OTHER FUNDS $28,000 100.0% CAPITAL/OUTLAY TRAVEL $200 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $28,000 TOTAL PROJECT $28,000 100% FUNDS SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Carly Ward, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Mike Dunn, 360-427-9670 ext.334 SPECIAL CONDITIONS: 1. The next Progress Report is due: October 30, 2024 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period, the sub grantee must report by letter to the State the steps taken to initiate the project, the reasons for the delay, and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter, the state may cancel the project. Department of Children,Youth&Families 2017CF County Program Agreement 6-24-20 Page 16 • MASON COUNTY rTi Public Health & Human Services Briefing July 24, 2023 Briefing Items Hood Canal Regional Pollution Identification Correction Program—Ian Tracy Northwest Resources II Social Opportunity Services Program—Melissa Casey C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 24,2023 Agenda Date: August 1, 2023 Internal Review: ❑X 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• Hood Canal Regional Pollution Identification Correction Program 4 Contract Background/Executive Summary: Mason County Public Health and Human Services and the Hood Canal Coordinating Council(HCCC) had a contract which expired at the end of 2022 to perform Pollution Identification and Correction work in Hood Canal. A portion of the funding remained unspent at the end of the contract period. We have received a new contract from HCCC to use the remaining funds through the end of Sept. 2023. Budget Impact(amount, funding source,budget amendment): Additional$44,546.00 Public Outreach (news release,community meeting, etc.): None Requested Action: Approval for the Chair to sign the Hood Canal Regional Pollution Identification Correction(HCRPIC) Program 4 contract. Attachments Contract ORD/1y4� Hood Canal Coordinating Council c HCCC Jefferson, Kitsap& Mason Counties, Port Gamble SWallam &Skokomish Tribes 0 ^`A2 17791 Fjord Drive NE,Suite 118,Poulsbo,WA 98370 PROFESSIONAL SERVICES CONTRACT AGREEMENT BETWEEN HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY PUBLIC HEALTH THIS AGREEMENT is a subaward and is between Hood Canal Coordinating Council (HCCC), located at 17791 Fjord Drive, NE, Suite 118, Poulsbo, WA 98370, and Mason County Public Health (Consultant), with an address of 415 N. 61" Street, Shelton, WA 98584, and is made effective as of the date signed below by HCCC. HCCC and Consultant are also referred to as the "Parties" and each as a "Party." The Parties to this Agreement agree as follows: 1) DEFINITIONS. For purposes of this Agreement, the term: a) "Hood Canal Coordinating Council" means Hood Canal Coordinating Council, also referred to as HCCC, a Washington Corporation, and its members, directors, officers, employees, and agents; b) "Consultant" means the Consultant and its directors, officers, employees, agents, and subcontractors; and c) "Contract Representative" means the person designated below and incorporated by reference, to serve as representative of HCCC and the Consultant for purposes of administration of this Agreement. 2) SERVICES TO BE PERFORMED AND DELIVERABLES. The Consultant agrees to provide services to HCCC, in accordance with applicable professional standards, as described in Exhibit A and the Funding Source Programmatic Conditions (if any), as described in Exhibit A. No work shall commence under this Agreement until it is fully executed by both Parties. 3) COMPENSATION. a) Except as provided herein, HCCC agrees to pay Consultant on a monthly basis following receipt of an invoice documenting services rendered and costs incurred, in a manner and amount stipulated in Exhibit A. b) Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement, or as otherwise stated in Exhibit A. i) HCCC may, at its sole discretion, retain up to 10 percent of the amount otherwise due and owing under each invoice until Consultant completes all work described in HCCC& Mason County Public Health -Agreement Page 1 Exhibit A, or otherwise authorized by HCCC. HCCC shall notify Consultant of the amount retained and deposit the retained amount in an interest-bearing account. HCCC shall release the amount retained, together with earned interest, not later than 30 days after receipt of a final invoice and acceptance of HCCC of all work authorized. ii) HCCC may, at its sole discretion, retain an amount otherwise due and owing under each invoice until Consultant provides HCCC with evidence that the Consultant has paid industrial insurance premiums for its employees and/or is in compliance with state industrial insurance requirements. c) Allowable Costs. i) Travel Expenses. HCCC agrees to reimburse Consultant up to the amount stipulated in Exhibit A for travel expenses (including per diem) from Consultant's home or principal place of business to meeting sites. HCCC shall reimburse Consultant for travel expenses in accordance with federal travel regulations. Payment for expenses over the category amount will not be honored without prior approval of HCCC's Contract Representative. International travel requires advance pre-approval. ii) Other Expenses. HCCC agrees to reimburse Consultant for miscellaneous expenses specified in Exhibit A, provided those costs are allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance, 2 CFR Part 200. Any request over the category amount will not be honored without prior approval by HCCC's Contract Representative. d) Unallowable Costs. i) Management fees or similar charges in excess of the direct costs are not allowable. ii) If Consultant expends more than the amount of its approved budget in anticipation of receiving additional funds, it does so at its own risk. HCCC is not legally obligated to reimburse Consultant for costs incurred in excess of the approved budget. e) Invoice. Consultant's invoice shall indicate dates of service, a description of work performed, and time spent on that date in providing service under this Agreement. The invoice shall include travel claims for travel expenses incurred by Consultant in connection with performance under this Agreement. The invoice shall provide a progress report describing all activities accomplished for the period being invoiced. i) Invoices should be sent to the Accountant at the HCCC address listed below via U.S. Postal Service or email (not both). ii) Invoices must be submitted by a representative of the Consultant who has the Consultant's full authority to render such reports and requests for payment and certify to the following at time of submission: By signing this payment request, I certify to the best of my knowledge and belief that the payment request is true, complete, and accurate. The expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the HCCC& Mason County Public Health -Agreement Page 2 terms and conditions of the Agreement. I am aware that any false,fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. 18 USC 1001 and 31 USC 3729-3730 and 3801-3812. 4) TERM. The term of this Agreement commences on the effective date, the date the agreement is signed by the last party below, and continues until September 30, 2023 as stipulated in Exhibit A, or until terminated by the Parties. 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, HCCC may terminate the contract under the "Term" clause without a notice requirement. 5) SUBCONTRACTING. Consultant may not subcontract without prior written approval by the HCCC. Additionally, the Consultant is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. 6) TRAINING. Consultant acknowledges that no training will be provided to Consultant under this Agreement. Consultant warrants and represents that its personnel are fully trained to perform services required under this Agreement and that additional training provided by HCCC will be unnecessary. 7) BUSINESS LICENSES AND TAXES. a) Consultant shall, at its own expense, secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorization, and comply with all applicable Federal, State and local regulations. b) Consultant shall be responsible for payment of taxes, insurance and other obligations relating to its performance of services under this Agreement. Consultant shall provide HCCC with verification of its: i) Unified business identifier number from the State of Washington and that its business license is in good standing; ii) Washington State Department of Revenue account and that the account is in good standing; iii) Washington State Labor and Industries account and that the account is in good standing or that the Consultant is exempt from the state's industrial insurance requirements; iv) Data Universal Numbering System (DUNS) number; and v) Central Contractor Registry (CCR) through SAM.gov. c) All other necessary licenses and permits to perform the work specified in Exhibit B. 8) INDEPENDENT CONSULTANT STATUS. a) Consultant shall act as an independent Consultant, and in no way shall be considered an employee of HCCC. Consultant is not required to report to HCCC's offices at any specific HCCC& Mason County Public Health -Agreement Page 3 time, except as requested for occasional consultations. HCCC does not have the right to assign any additional projects to Consultant. Consultant shall choose the time and manner for performing each part of the services described in Exhibit A according to its own routines and schedules, independent from HCCC's normal business operations. b) Consultant acknowledges that Consultant will not qualify for benefits which may be available if classified as an employee. In the event that the Internal Revenue Service (IRS) successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee, Consultant agrees to complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form 4670 "Request for Relief From Payment of Income Tax Withholding") to offset against HCCC's withholding obligation. c) Consultant acknowledges that it will be liable to HCCC for any industrial insurance premiums or any other premiums or fees that HCCC is required to pay on its behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance, to the State of Washington or local jurisdiction. 9) NON-EXCLUSIVE CONTRACT. This Agreement is non-exclusive. Consultant reserves the right to perform services for others during the term of the Agreement. 10) MATERIALS AND EQUIPMENT. Consultant shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that Consultant may use office equipment located in the offices of HCCC, as available, and provided however, that if"Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Consultant as part of this Agreement. Materials and equipment includes but is not limited to, appropriate safety plans and providing personal protective equipment to employees to address continued performance under the contract where such continued performance can be done in compliance with Federal, State or County Emergency Orders despite the presence of such causes. Any materials and equipment will be indicated in Exhibit A-Scope of Services. 11) INDEMNIFICATION. a) To the fullest extent permitted by law, Consultant hereby indemnifies and holds HCCC harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounding in tort, contract or other causes of action arising from any claim or liability resulting from Consultant's performance of services described in Exhibit A under this Agreement, except to the extent caused by the negligence of HCCC. b) Consultant hereby indemnifies and holds HCCC harmless from any additional taxes, interest and penalties due from Consultant or HCCC resulting from reclassification in the event the IRS or any state or local taxing authority successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee. HCCC& Mason County Public Health -Agreement Page 4 12) INSURANCE. Consultant shall provide HCCC with a certificate of insurance for each insurance provision required in this section. The certificate of insurance shall be effective during the duration of this agreement. HCCC may require that the certificate of insurance name HCCC as an additional insured party. Consultant shall also require all of its subcontractors to maintain the same type and level of insurance as required in this section and provide certificates of insurance to HCCC as required in this section. Consultant shall, at its own expense, acquire and maintain the following insurance throughout the term of the Agreement: a) Commercial Automobile Liability Insurance covering all owned, non-owned and hired automobiles, trucks and trailers. Such insured shall provide the Standard Comprehensive Automobile Liability policy in limits not less than $1,000,000 Combined Single Limit; b) Commercial General Liability Coverage Insurance, with not less than the following limits: $1,000,000 for each occurrence limit, $1,000,000 for personal injury limit, $2,000,000 general aggregate limit; c) Professional Liability Insurance in an amount not less than $1,000,000 per claim and in the aggregate; and d) Workers' Compensation and Employer Defense Insurance as required by statute and employer liability coverage, with not less than the following limits: $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease and $1,000,000 policy limit for bodily injury by disease. e) Notwithstanding the forgoing, Contractor maintains a system for self-insurance that meets the requirements of this section 12. 13) CONFIDENTIALITY. Information produced or made available to the Consultant shall not be disclosed to others or used for any other purpose, except as required under this contract or by law, without prior written approval by HCCC. 14) OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. All data and products developed under this contract, excluding copyrighted material used with permission, or other public data that cannot be copyrighted, shall become the sole property of HCCC and its assigns. Permission for its subsequent use must be obtained from HCCC prior to that use. Any alteration of the data by HCCC for purposes other than those intended by this Agreement shall be at HCCC's sole risk and without legal liability upon the Consultant. 15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. a) Consultant gives HCCC the right and authority to publicize HCCC's financial support for this Agreement and the Project in press releases, publications and other public communications. Consultant agrees to: (i) give appropriate credit to HCCC and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions below; HCCC& Mason County Public Health -Agreement Page 5 and (ii) include the disclaimer provided for in (b). Consultant must obtain prior HCCC approval for the use relating to this Agreement of the HCCC logo or the logo of any Funding Source. b) Disclaimers. Payments made under this Agreement do not by direct reference or implication convey HCCC's endorsement nor the endorsement by any other entity that provides funds through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: i) For Projects funded in whole or part with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the Hood Canal Coordinating Council and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the Hood Canal Coordinating Council or its funding sources." ii) For Projects not funded with Federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the Hood Canal Coordinating Council or its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the Hood Canal Coordinating Council or its funding sources." 16) INSPECTION AND RETENTION OF RECORDS. The Consultant shall make all applicable financial records, supporting documents, and all other pertinent records related to this Project available to HCCC, the State of Washington, the U.S. Government, or any of their duly authorized representatives for inspection. Records shall be retained until the Term date of this Agreement and then submitted to the Project Manager for retention until required by law. 17) NONDISCRIMINATION. By signing this Agreement, the Consultant certifies that it is an Equal Opportunity Employer and in compliance with all state and federal nondiscrimination requirements. The Consultant agrees to continue to be in compliance with all state and federal nondiscrimination requirements. Consultant agrees to comply fully with applicable civil rights statutes and regulations, including Title IV of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the American Disabilities Act. 18) COMPLIANCE WITH COPELAND "ANTI-KICKBACK" ACT. Consultant is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled and remain in compliance with 18 U.S.C. 874 and 40 U.S.C. 276c. 19) PREVAILING WAGE. The Consultant agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with provisions of the Davis-Bacon Act (40 USC 3141-3148), Contract Work Hours and Safety Standards Act (40 USC 3701-3708), HCCC& Mason County Public Health -Agreement Page 6 other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. 20)APPLICABLE LAW. This Agreement shall be construed and enforced under the laws of the State of Washington, irrespective of the fact that any one of the Parties is now or may become a resident of another state. Venue for any action under this Agreement shall lie in Kitsap County, Washington. 21) MODIFICATION. This Agreement may not be waived, discharged or modified in any manner other than by written agreement of the Parties. 22) SEVERABILITY. No provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be unenforceable for any reason, the party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire Agreement to be null and void. 23) FORCE MAJEURE. Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Party. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notice of a Party's failure or delay in performance due to force majeure must be given to the unaffected Party promptly thereafter but no later than five 5 days after its occurrence which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute. Notwithstanding the foregoing, should the event(s) of force majeure suffered by a Party extend beyond a six-month period, the other Party may then terminate this Agreement by written notice to the non-performing Party, with the consequences of such termination as if this Agreement had expired (and was not terminated) in accordance with other provisions herein. 24)TERMINATION. Either party may terminate this Agreement with 30 days written notification to the other party. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the HCCC& Mason County Public Health -Agreement Page 7 opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. HCCC shall have the right to terminate this Agreement in whole or in part at any time, if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 25)WAIVER. If either party fails to exercise its rights under this Agreement, it shall not be precluded from subsequent exercise of its rights. A failure to exercise rights shall not constitute a waiver of any other rights under this Agreement, unless stated in a letter signed by authorized representative of the party and attached to the original agreement. 26) COSTS AND ATTORNEYS FEES. If either party brings any action against the other for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover against the other party all costs and reasonable attorneys' fees, including costs and reasonable attorneys' fees incurred to enforce any judgment rendered pursuant to this Agreement. 27) CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS (if applicable). If the Funding Source, including any secondary funding source, is paid with federal funds, the Consultant must comply with the following. a) Uniform Guidance. Consultant must comply with the Uniform Guidance (2 CFR Part 200) to the extent applicable to Consultant as a non-Federal entity receiving a federal award. With respect to cost principles: Non-Profit Organizations, Institution of Higher Education, State, Local or Tribal Government, must comply with the Cost Principles of the Uniform Guidance, 2 CFR Part 200; and Commercial (for-profit) organizations must comply with Title 48 Chapter 1 Subchapter E Part 31. No funds provided pursuant to this Agreement may be used to support any activities not authorized under this Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. b) Audit Requirements. Consultant may be required to comply with the Federal Audit Requirements found in 2 CFR 200.500 (formerly OMB Circular A-133). c) Lobbying and Litigation (2 CFR 200.450). i) No funds under the Agreement may be used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. ii) New Restrictions on Lobbying. In any subcontract over $100,000, Consultant shall require that subcontractors submit certification and disclosure forms in accordance with the Byrd Anti-Lobbying Amendment, 31 USC 1352. Any consultant who makes a prohibited expenditure or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. d) Debarment and Suspensions. Unless Consultant has submitted a written justification fourteen (14) days prior to execution of this Contract, stating the reason that this term does not apply, which has been expressly accepted and approved by HCCC prior to HCCC& Mason County Public Health -Agreement Page 8 execution, by signing this Agreement, Consultant warrants and represents its initial and continued compliance that it is not listed on the General Services Administration's, government-wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension." The Consultant further provides that it shall not enter into any subaward, contract or other Contract using funds provided by HCCC with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at SAM.gov. e) Drug-Free Workplace Certification. Consultant shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in CFR Part 1536 Subpart B. Consultant shall identify all known workplaces under this Agreement, and keep this information on file during the performance of the Agreement. Consultants who are individuals must comply with the drug-free provisions set forth in 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 CFR Part 1536 Subpart E. f) Trafficking in Persons. You as the sub-recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use focused labor in the performance of the award or sub-awards under this Award and must inform HCCC immediately of any information you receive for any source alleging a violation of this prohibition during the term of the agreement. g) Reducing Text Messaging while Driving, Executive Order 13513. Consultant is encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. h) Disadvantaged Business Enterprise. Consultant agrees to good faith efforts whenever procuring construction, equipment, services and supplies in compliance with the requirements of EPA's Program of Utilization of Small, Minority and Women's Business Enterprise (MBE/WBE). 40 CFR 33. Consultant must receive permission from HCCC to sub-contract with another entity. i) Additional Responsibility Matters. By signing this Agreement, Consultant warrants and represents that it is not subject to the below circumstance. i) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. HCCC& Mason County Public Health -Agreement Page 9 j) Certification and Representation. Consultant must submit those certifications and representations required by Federal statutes, or regulations to HCCC on an annual basis. Submission may be required more frequently if the Consultant entity fails to meet a requirement of a Federal award. 28) COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, after execution by all Parties hereto, shall together constitute the Agreement. The parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date signed by the last party below. Hood Canal Coordinating Council For Mason County Public Health Scott Brewer, Executive Director Mason County Commissioner Date: Print Name: Date: Approved as to form: Mason County Prosecuting Attorney Date: HCCC& Mason County Public Health -Agreement Page 10 ORD/1y4� Hood Canal Coordinating Council c HCCC Jefferson, Kitsap& Mason Counties, Port Gamble SWallam &Skokomish Tribes 0 ^`A2 17791 Fjord Drive NE,Suite 118,Poulsbo,WA 98370 EXHIBIT A Independent Consultant Scope of Services Hood Canal Regional Pollution Identification and Correction Program — Phase 4 CONSULTANT: MASON COUNTY Description of Services Mason County will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program's Phase 4, as described below. This Agreement may require modification based on circumstances beyond the control of HCCC and Mason County. PIC projects rely on field work (parcel surveys and investigations) to identify On-Site Sewage Systems (OSS) failures. The field work portion of this project is subject to the uncertainty of potential COVID-19 constraints. HCCC will monitor the safety restrictions and orders for implications on this Scope of Work and may need to amend or terminate this contract as directed by the Governor and State Department of Health. During the course of this project, coordinators will work closely with field partners and follow Washington state guidance to determine how and when PIC field work can be safely conducted. The Parties recognize that field work timelines will need to be extremely flexible due to potential public safety limitations and available staff resources. The following project information is excerpted from HCCC's base agreement scope of work with WA State Department of Health: Contract number: CB024134 Subrecipient Organization: Hood Canal Coordinating Council Subrecipient Contact: Haley Harguth, Watershed Program Manager, hharguth@hccc.wa.gov, 360.328.4625; Scott Brewer, Executive Director, sbrewer@hccc.wa.gov, 360.531.0575 DUNS#: 620533930 CPAR Info (Statewide Vendor#, UBI, Federal Tax ID, etc.): 0011386-00, 602-080-310, 91- 2085994 DOH Contract Manager: Megan Schell megan.schelI@doh.wa.gov 360.236.3307 Federally Approved Indirect Rate: 10% (de minimis) Period of Performance: DOE -Sep 30, 2023. NOTE: EPA stretch goals are to spend awarded funds within 2 years HCCC& Mason County Public Health Agreement—Exhibit A Page 1 Project Description: This project funds pollution identification and correction activities to protect and improve Hood Canal water quality to safeguard public and ecosystem health and keep shellfish growing areas and recreational beaches open by preventing bacterial pollution flowing into surface waters. The Hood Canal Regional Pollution Identification and Correction Program brings together local health jurisdictions and tribal partners across the Hood Canal region to coordinate water quality protection actions. This unique regional structure enables cross-jurisdictional sharing of resources and expertise to solve water quality challenges threatening Hood Canal's community and ecosystem health. Not to exceed: $44,546 Near Term Action ID: 2018-0639 OVERVIEW The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core partners will work collaboratively to implement prioritized Pollution Identification and Correction (PIC) work throughout Hood Canal to help reduce bacterial pollution and increase harvestable shellfish acres. HCRPIC core members include Jefferson, Kitsap, and Mason Counties, the Port Gamble S'Klallam and Skokomish Tribes; other partners include the county conservation districts, Hood Canal Salmon Enhancement Group, and WSU Extension. There are eighteen shellfish growing areas in the Hood Canal Action Area. As of 2019, the Hood Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres with conditional approval, and about 3,144 acres of prohibited or restricted growing area. Washington State Department of Health (DOH) has identified several emergency closure zones, threatened areas, and areas of concern based on marine water quality data. There are close to 30,000 onsite sewage systems (OSS) in the project area, many in close proximity to waterbodies and approximately one third of the systems are over 30 years old. PIC programs have been essential to maintain and improve water quality and will continue to be vital for the health of Hood Canal and its communities. The project will primarily address fecal pollution and associated pathogens. As fecal pollution sources are corrected, less nutrients and organic materials, associated with human and animal waste, will enter Hood Canal. That will result in less oxygen demand to break down algae blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional PIC Program implementation will identify and correct pathogen sources. The resulting water quality improvements will help achieve the Puget Sound Partnership's Vital Sign recovery target to increase harvestable shellfish acreage. Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. In the Phase 2 and 3 implementation phases, priority shoreline areas were determined by HCRPIC members using current water quality monitoring information to identify the most important shoreline areas to survey. The prioritization HCCC& Mason County Public Health Agreement—Exhibit A Page 2 of shoreline areas will be updated annually as new data emerges. Phase 3 ended in August 2019, collectively resulting in 66 shoreline miles monitored, 380 site inspections completed, 55 OSS failures identified, with 28 OSS repairs completed and the rest in progress. The incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4 builds off of previous implementation phases but with a reduced scope of work due to funding limitations. HCRPIC Program - Phase 4 components include: shoreline surveys in priority Hood Canal shoreline areas, pollution hotspot investigation and correction, updated GIS mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS property owners and decision makers, OSS maintenance rebates, ambient stream water quality monitoring, and regional inter-jurisdictional coordination. The Phase 4 work plan will be developed in consultation with DOH and will include: • Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay, and • Other areas with urgent public health or emerging water quality concerns. GOALS & MEASURABLE OBJECTIVES Description Units Targets (e.g., "shellfish beds reopened") (e.g. "acres") ("number") Upgrade 50 acres from prohibited to approved in Acres 50 Hoodsport area of Hood Canal 6 Reopen all closed parcels due to elevated bacteria Parcels 20 in drainages or due to failing onsite septic systems Number of hotspots identified in Mason County Hotspots Unknown (will be reported quarterly) Number of site inspections completed in Mason Site Inspections 75 County Number of OSS failures identified in Mason County OSS Failures 5 Number of OSS failures corrected in Mason County OSS Corrections 5 Area of shoreline surveys conducted in priority Miles 3 areas Number of ambient freshwater samples collected Samples 100 MASON COUNTY'S HCRPIC PHASE 4 TASKS The following are the tasks, deliverables, and deadlines associated with this subaward. Task numbering aligns with the task numbers in HCCC's base grant with DOH. HCCC& Mason County Public Health Agreement—Exhibit A Page 3 TASK 2. PROJECT MANAGEMENT AND REPORTING 2.5 Water Quality exchange (WQX) Data Reporting WQX refers to an electronic data system for water quality monitoring data developed by EPA. If sub-recipients collect any physical, chemical or environmental data (e.g. dissolved oxygen, water temperature, salinity, turbidity, pH, phosphorous, total nitrogen, E. coli or Enterococci, and other biological and habitat data) WQX reporting will be required. Data for an entire calendar year (Jan. 1— Dec. 31) should be submitted annually. To assist in tracking in WQX, name your project as follows: NEP_2018_(insert organization name); the unique project ID needs to be 35 characters or less. Include the WQX ID in the quarterly progress reports. Here is an entry verification sample for reference. Final WQX entry completed by: Upon contract completion DELIVERABLES Task Deliverable Description Due Date 2.5 WQX Reporting(if required) Sep 30, 2023 TASK 3. HOOD CANAL REGIONAL POLLUTION IDENTIFICATION AND CORRECTION PROGRAM PHASE 4 IMPLEMENTATION 3.1 HCRPIC Program Coordination Support HCRPIC Program coordination, providing technical expertise and advice as needed. This task includes: collaboration with program partners to reinforce shared protocols and clarify work flows, prepare the Phase 4 Workplan and track progress, preparation of invoices and progress reports for project coordinators, coordination of County staff working toward Phase 4 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach materials. Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of the following month. Communicate any concerns to HCRPIC Coordinator that progress is not on track. Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within each payment period. HCCC& Mason County Public Health Agreement—Exhibit A Page 4 - Send invoices via e-mail to HCCC accountant, Terry Fischer (tfischer@ hccc.wa.gov) - Send progress reports via email to Haley Harguth (hharguth@hccc.wa.gov) HCRPIC Ph. 4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase 4 Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring and property surveys, targeting areas of known pollution hotspots, or facing shellfish growing area downgrades. The Phase 4 Workplan will be informed by data from the HCRPIC Program Phase 3 results and GIS analysis, current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 3. The Phase 4 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed and the QAPP is approved. Data Collection & Reporting: Submit field work data to project coordinators every quarter using the HCRPIC cumulative data report template. Data reported to the HCRPIC Program should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control and entered into the online water quality monitoring cloud-based database prior to it being submitted. Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis, mapping, and EPA WQX data entry. All data collected that is paid by this grant must be shared with state and federal agencies upon request. HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make collaborative decisions, and help guide HCRPIC Program's direction. The Guidance Group provides oversight, guidance, shared learning, and structure for consistent procedures across the PIC program. Guidance Group meetings with project partners will be held quarterly or as needed to advance collaborative work in the PIC project area. At Guidance Group meetings, partners will: - Report on Ph 4 Workplan implementation, including current progress updates including: progress on priority hotspot and water quality investigations, surveys completed, FC sources identified, progress of FC source correction, success stories, lessons learned, requests for advice and assistance, next steps, upcoming events, etc. - Present hotspots for consideration of elimination following hotspot closure protocol described in HCRPIC Guidance Document. This information will be included in the HCRPIC Ph. 4 final report. - Provide updates on sustainable funding efforts. HCCC& Mason County Public Health Agreement—Exhibit A Page 5 Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to develop and implement a plan to enhance the HCRPIC Program's efforts to reduce bacterial contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC partners will work with program coordinators to develop a strategic plan, which addresses the key elements in the Pollution Identification and Correction Program Draft Protocols Recommendations provided by the Departments of Health and Ecology. The Guidance Group will determine objectives and scope of activities, which may include hiring an outreach consultant to support the development of a sustainable funding outreach campaign, outreach products, and presentations to decision-makers on water quality protection, program successes and sustainable funding. HCRPIC partners will provide updates of sustainable funding efforts at Guidance Group meetings. Training/Workshops: Assist project coordinators in preparing and leading HCRPIC Field Training Workshop. The HCRPIC members will participate in a field training and data reporting workshop addressing HCRPIC protocols and procedures. The workshop will be held in the first quarter after contract agreements are in place. Local Health Jurisdiction Project coordinator and at least one field staff participating in HCRPIC Program field activities must attend the training. Project partners may participate in DOH-sponsored PIC workshops and other trainings/events (subject to grant coordinator approval), as funds allow. Maximum of two events per sub- recipient, or two people may attend a single event. 3.2 Pollution Identification and Correction Fieldwork The HCRPIC Program members will identify, investigate, and work to correct all pollution sources found throughout the project period, utilizing a variety of tools, collaborative problem solving amongst the HCRPIC Guidance Group, and regulatory backstopping, as needed, in order to achieve project objectives outlined above. HCRPIC Program partners will determine Phase 4 priority work areas, including: - Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay-Skokomish River valley, and - Other areas with urgent public health or emerging water quality concerns MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct parcel surveys to identify sources of fecal coliform bacteria. They will provide technical assistance, work to correct identified sources, and conduct post-corrective follow-up. MCPH will provide the regulatory backstop of enforcement with the help of WA Departments of Ecology and Health as needed, depending on the facility type. Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority areas identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols HCCC& Mason County Public Health Agreement—Exhibit A Page 6 and approved QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log (included in the Cumulative Data Report). Pollution hotspot investigation and correction: Within the priority areas identified in the HCRPIC Phase 4 Workplan, MCPH will conduct pollution source investigation and follow-up of hotspots identified in shoreline surveys and ambient stream monitoring, technical assistance, and enforcement with regulatory backstopping according to the enforcement protocol developed by the HCRPIC Guidance Group and documented in the Phase 4 Workplan. Procedures are outlined in the HCRPIC Program Guidance Document and the QAAP. Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4 Workplan, per QAPP procedures. Task 3.2. activities will begin after the HCRPIC Phase 4 Workplan is finalized. Water Quality Information Sharing: HCRPIC and DOH have built an information sharing process to quickly and efficiently: - Prioritize HCRPIC work areas - Provide DOH with post-corrective water quality data - Respond to DOH early water quality warnings All pollution identification data funded by the grant will be regularly shared with state or federal agencies. All pollution hotspots identified by HCRPIC partners will be referred to DOH, and new pollution hotspots identified by DOH will be referred to the local health jurisdictions. Updates on progress toward pollution source identification and repairs will be regularly provided by local health jurisdiction staff, and progress toward water quality upgrades by DOH and remaining information needs will be shared at Guidance Group meetings, and as needed. Any identified agricultural pollution sources will be referred to the local Conservation District. Data Reporting: - Field work data will be entered into the HCRPIC Cumulative Data Report template and submitted to program coordinators quarterly. See further description of data collection and reporting activities in task 3.1. - Enter monitoring data into the online cloud-based water quality database to facilitate EPA WQX data entry annually, and at end of project. - Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis and mapping. Purchase PIC Field Supplies: Funds from HCCC's Hood Canal Shellfish Initiative grant were awarded to Mason County to support PIC work through the purchase of needed supplies. MCPH will purchase the following PIC sampling supplies with these funds: HCCC& Mason County Public Health Agreement—Exhibit A Page 7 2x Telescoping sampling wands 2x refractometers 1x weighted bottle sampler - 1x multi-parameter water quality meter 3.3 Onsite Septic System Maintenance Rebates Homeowner rebates for onsite septic system maintenance will be provided to priority parcels by local health jurisdictions. These rebates were very successful in Phases 2 and 3 to incentivize homeowners to properly operate and maintain their septic systems. In Phase 4, HCRPIC partners will offer rebate vouchers up to $500 per OSS, to reimburse costs for OSS inspections and pumping, and small tank repairs. Rebate notices will be distributed to residences using a consistent format across jurisdictions. The criteria for rebate recipients will be determined by the Guidance Group and approved by DOH. In past phases, criteria were set to include homeowners who had not previously received a voucher, located in priority areas, or had missing or overdue maintenance records. Local Health Jurisdictions will track and analyze data summarizing rebate recipients and services reimbursed to evaluate the effectiveness of the rebate program as a behavior change tool and inform future phases. DELIVERABLES Task Deliverable Description Due Date 3.1 Program Coordination Describe coordination activities in monthly Ongoing, Monthly progress reports. Report on workplan implementation progress at At quarterly Guidance Group quarterly Guidance Group meetings. meetings Submit PIC field work data quarterly using HCRPIC One week prior to Guidance Cumulative Data Report spreadsheet Group meetings HCCC& Mason County Public Health Agreement—Exhibit A Page 8 Task Deliverable Description Due Date 3.2 1) Describe PIC activities in monthly progress 1) Ongoing, monthly reports 2) At quarterly Guidance 2) Report on workplan implementation progress Group meetings at quarterly Guidance Group meeting 3) Quarterly, one week prior 3) Submit Cumulative Data Report to HCRPIC to Guidance Group meetings; coordinators and at end of field work 4) Enter monitoring data into water quality 4) Regularly, and at end of monitoring cloud-based database field work 1-3 above will address the following project objectives: b. Complete 10% by Apr 15, a. At least 3 miles of priority shoreline in Hood 2021; Complete 30% by Jul 15, Canal Areas monitored per Phase 4 2021; Complete 60% by Jan Workplan 15, 2022 b. Collect approximately 200 water samples c. Conduct approximately 75 priority parcel c. Sep 30, 2023 surveys d. Report number of sites dye tested e. Report number of failing septic systems identified f. Report number of failing septic systems corrected g. Number, location, and status of sites referred to other agencies for technical and/or corrective actions 3.3 OSS Maintenance Rebates Report number of rebates processed in monthly Ongoing, complete by progress reports and in final reporting with specific Sep 30, 2023 selection criteria and outcomes (length of time since last inspection, tanks more than % full of solids, and any deficiencies identified and/or corrected HCCC& Mason County Public Health Agreement—Exhibit A Page 9 PROJECT BUDGET HCRPIC Program Ph.4 Budget—Mason County Task 2.5 Water Quality exchange(WQX) Data Reporting Personnel Environmental Health Specialist $50 per hour 10 hours $ 500.00 Personnel Subtotal $ 500.00 Other Costs Other(provide description) $ Other Costs Subtotal $ Indirect Costs 10% $50.00 Task 2.5 Sub-total $550.00 Task 3.1: Program Coordination Personnel Finance Manager $72 per hour x 20 hours $1,440.00 Clerical $50 per hour x 20 hours $1,000.00 EH Manager $67 per hour x 20 hours $1,340.00 EH Specialist $50 per hour x 8 hours $400.00 Personnel Subtotal $4,180.00 Other Costs Other(provide description) $0 Other Costs Subtotal $0 Indirect Costs 10% $418.00 Task 3.1 Subtotal $4,598.00 Task 3.2: PIC Fieldwork Personnel EH Specialist $50 per hour x 520 hours $26,000.00 Personnel Subtotal $26,000.00 Other Costs Lab Analysis 100 samples @ $32 $3,200.00 Postage Mailings $2,000.00 Materials Paper, dye packets, other supplies $ Other Costs Subtotal 5,200.00 Indirect Costs 10% $2,600.00 Task 3.2 Subtotal $33,800 HCCC& Mason County Public Health Agreement—Exhibit A Page 10 Task 3.3: OSS Maintenance Rebates Personnel EH Specialist $50 per hour x 10 hours $ 500.00 Personnel Subtotal $500.00 Other Costs OSS O&M Rebates $5,048 Other Costs Subtotal $5,048 Indirect Costs 10% $50 Task 3.3 Subtotal $5,598 Subtotals Personnel Total $ Other Costs Total Lab analysis, postage, materials, PIC $ supplies, rebates, other Travel Total (Describe if any) $ Indirect Costs 10% Grand Total $44,546 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $44,546. Hourly composite rates and indirect rates will be billed based on actual rates at the time of service. If hourly composite rates and indirect rates differ from those listed in this contract, then the consultant will send an email with their invoice to the HCCC Accountant documenting these changes. The consultant will ensure that any rate changes do not result in an increase that exceeds the total budget. Submit monthly invoices to the Accountant by the 15th of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Progress Reporting: Consultant will submit progress reports each month by the 15th of the following month to accompany invoices. A progress report template will be provided. Submit progress reports to the project manager. Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by all parties and ends September 30, 2023. Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. HCCC& Mason County Public Health Agreement—Exhibit A Page 11 Contract Representatives: Scott Brewer, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 sbrewer@hccc.wa.gov (360) 531-0575 Haley Harguth, Watershed Program Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov (360) 328-4625 Accountant: Terry Fischer Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 tfischer@hccc.wa.gov (360) 536-1338 Consultant Representative(s): David Windom, Director Mason County Public Health 415 N. 6t" Street Shelton, WA 98584 dwindom@co.mason.wa.us or dwindom@masoncountywa.gov 360-427-9670 Project Manager: Ian Tracy, EH Manager Mason County Public Health 415 N 61" Street Shelton, WA 98584 itracy@masoncountywa.gov 360-427-9670, extension 544 HCCC& Mason County Public Health Agreement—Exhibit A Page 12 EXHIBIT B PROFESSIONAL SERVICES CONTRACT CONSULTANT CHECKLIST Consultant is a Subrecipient or a Contractor (Consultant): According to GSA-CX-1.8: Subrecipient and Contractor Determination guidelines, HCCC has determined that you are a Contractor, aka Consultant. UBI No. 232 002 101 Federal Tax ID No. 91-6001354 Unique Entity ID (formerly DUNS Number): Consultant Type: Local government FEDERAL/STATE PASS-THROUGH INFORMATION Refer also to information in Exhibit A. Project Name: Hood Canal Shellfish Strategic Initiative, Hood Canal Regional Pollution and Identification Correction Program Phase 4 Funding Sources: Environmental Protection Agency (passed through) Washington State Department of Health CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program Near Term Action ID: 2018-0639 Funding Source Award Date: Grant Contract Amendment No. 5 dated November 30, 2022 Funding Source Number (Federal Award Identification No): PC-01J18001-4 Catalog of Federal Domestic Assistance No. (CFDA): 66.123 Note: This award is not for R&D (research and development). Complete Cyber Certification (if contract involves Collecting and Managing Data in federal system). N/A HCCC will provide Consultant with Exhibit A-1 WA DOH Agreement CB024134 subrecipient Statement of Work Programmatic Conditions. In accordance with 40 CFR 33.106 and its Appendix A, the contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor administration shall carry out application requirements of 40 CFR part 33 in the award of contract awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. If grant is over $100,000 complete/sign restrictions on Lobbying Certification 40 CFR Part 34 (and disclosure if applicable): N/A HCCC& Mason County Public Health Agreement— Exhibit B Page 1 Certifications Consultant DBE Program Reporting (indicate as appropriate): Owned and Managed as Disadvantaged Business: N/A ❑ Women Owned Business Enterprise ❑ Minority Owner Business Enterprise ❑ Veteran Owned Business Enterprise ❑ Community Based Organization If certified by Washington State's Office of Minority and Women Owned Business Enterprise (OMWBE) www.omwbe.wa.gov or Department of Veterans Affairs (DVA), enter the certification number: No active certifications. WA Dept. of Revenue Account. UBI/Excise tax account registered (232-002-137). WA Labor& Industries Account status or Exemption (if no employees): L&I Account is current ID 004,874-00; Workers' Compensation Premium Account is Current. Debarment: No debarments. Insurance (as applicable): Renew during term of contract Commercial Auto Liability (if claiming mileage included in Exhibit A tasks, use HCCC Report) — Commercial General Liability (naming HCCC as additional insured) — Professional Liability Insurance — Workers' Compensation and Employer Defense Insurance Notice: The Hood Canal Coordinating Council as an equal opportunity employer will not discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital status, gender, sexual orientation, age, maternity, and childbirth, honorably discharged veteran or military status, disability, genetics, HIV and/or Hepatitis C status, use of a trained guide dog or service animal by a person with a disability, or other protected class under federal, state or local law. Persons requiring reasonable accommodation or requiring any information in an alternative format may contact 360-394-0046. Inquiries about the HCCC's compliance may be directed to Scott Brewer, Executive Director. HCCC& Mason County Public Health Agreement—Exhibit B Page 2 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 24,2023 Agenda Date: August 1,2023 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• Northwest Resources II Social Opportunity Services(SOS)Program FY24 Contract Background/Executive Summary: The Social Opportunity Services (SOS)Program provides recovery support services as well as care coordination to individuals that are experiencing Substance Use Disorder and/or Mental Health issues and are subsequently navigating the local criminal justice system,therapeutic courts, and re-entry programs. The SOS program works in partnership with other peers,case managers, and local agencies working within the current Mason County Behavioral Health Response System to better support individuals on their path to recovery, and by doing so,will contribute to a reduction in recidivism. Budget Impact(amount, funding source,budget amendment): Treatment Sales Tax- $167,655.40 Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of FY24 NWRII SOS Program contract Attachments FY24 NWRII SOS Program Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Northwest Resources II, hereinafter referred to as "CONTRACTOR." Contracted Entity Northwest Resources II Address 2708 Westmoor Ct SW City, State, Zip Code Olympia, WA 98506 Phone 360-943-8810 Primary Contact: Name, Title Dennis Neal Primary Contact: E-mail nwrii hotmail.com Washington State UBI# 601-619-511 Federal EIN 91-1678289 Total Award/Contract Value $167,655.40 Contract Term July 1, 2023 — June 30, 2024 PURPOSE The purpose of this contract is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington 82.14.460. 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 Tim Whitehead, Chief DPA 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 b. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax (RCW 82.14.460) 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 RCW 82.14.460 that may not be specified in "Exhibit A Scope of Services." The COUNTY must give written approval 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. Professional Services Contract (rev 06/2023) Page 2 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 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. Professional Services Contract (rev 06/2023) Page 3 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 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. 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. 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. Professional Services Contract (rev 06/2023) Page 4 Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made Professional Services Contract (rev 06/2023) Page 5 with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 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 Professional Services Contract (rev 06/2023) Page 6 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, 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. 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 Professional Services Contract (rev 06/2023) Page 7 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 Professional Services Contract (rev 06/2023) Page 8 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. 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'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: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Professional Services Contract (rev 06/2023) Page 9 Fax: 360-427-7787 E-mail: mcaseyCcD.mason countywa.gov 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: caseyb(a-).mason countywa.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. 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, Professional Services Contract (rev 06/2023) Page 10 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. 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: Professional Services Contract (rev 06/2023) Page 11 Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the Professional Services Contract (rev 06/2023) Page 12 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 G. Exhibit C, Budget Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Professional Services Contract (rev 06/2023) Page 13 EXHIBIT A SCOPE OF SERVICES Program: Northwest Resources II Social Opportunity Services (SOS) Program Description: Provide recovery support services as well as care coordination to individuals that are experiencing Substance Use Disorder and/or Mental Health issues and are subsequently navigating the local criminal justice system, therapeutic courts, and re- entry programs. SOS works in partnership with other peers, case managers, and local agencies working within the current Mason County Behavioral Health Response System to better support individuals on their path to recovery, and by doing so, will contribute to a reduction in recidivism. Program Expectations: • Coordinate and communicate with other Mason County Behavioral Health partners • Meet with participants as needed to create and clarify recovery and release plans • Attend local stakeholder, provider, and coalition meetings when appropriate • Coordinate with Mason County Public Health & Human Services an overall data reporting strategy that is appropriate and informative to both NWR II as well as the overall Mason County Behavioral Health System, so as to work towards the overall systems goal of a "no wrong door" approach • Keep current on reporting and data collection, utilizing mechanisms in place and developing new procedures as needed Performance/Reporting and Deliverables: NWR II SOS program will collect and report the following data to Mason County Public Health & Human Services on an agreed upon format, forms, and schedule. • Utilize the Mason County Unique Identifier data collection forms • Provide care coordination for up to 200 households annually • Provide care coordination and assistance for up to 100 people annually experiencing homelessness at time of intake • Help to enroll and/or refer up to 75 people annually into SUD inpatient treatment • Help to enroll and/or refer up to 25 people annually into MAT treatment • Help to and/or refer up to 75 people into outpatient mental health treatment • Help to enroll and/or refer up to 100 people into outpatient SUD treatment • Help to coordinate sober and supportive housing with an annual goal of 25 people • Document the re-utilization of the SOS program and report on findings quarterly • Work with the Mason County Therapeutic Court Program to provide case manager, peer support and care coordination to active and potential participants Professional Services Contract (rev 06/2023) Page 14 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 (5) 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. Professional Services Contract (rev 06/2023) Page 15 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self- insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. Professional Services Contract (rev 06/2023) Page 16 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 (rev 06/2023) Page 17 EXHIBIT C BUDGET Submit monthly invoices and program reports electronically to jellertsen(a)-masoncountywa.gov as close to the first (1st) of the each month as possible. Budget Category FY24 Amount Comment Funded TST Staff Wages $56,160.00 1 full time (40 hour per week) case manager, $27,00 per hour Staff Benefits $16,848.00 Health/dental benefits and taxes for 1 case manager Client transportation (mileage $3,406.00 reimbursement); 100 miles per week x $0.655 per mile Client Supports $72,000.00 Client rental assistance (40 clients per year; $600 per month; 3-months per client average) $4,000.00 Client incidentals (clothing, gas vouchers, etc.) De minimus Rate (10%) $15,241.40 Administration, supervision, rent, I.T. services, phone services, supplies) Maximum Contract Total $167,655.40 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. 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. Payment will be considered timely within 30 days of receipt of invoice. Professional Services Contract (rev 06/2023) Page 18 �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 24, 2023 Specific Items for Review American Rescue Plan Act(ARPA)update—Jennifer Beierle Chart of Accounts(COA) status—Jennifer Beierle Request for Proposals(RFP) for custodial services—Kelly Frazier Lead Pay requests—Mary Ransier Administrator Updates Commissioner Discussion Salary Commission Commission calendar updates 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 24,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑X Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑X Other (This is the responsibility of the requesting Department) Audit Committee 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• Chart of Accounts Update and Munis Financial System Expansion Background/Executive Summary: The Chart of Accounts(COA)revision will make it possible to expand the modules used in Munis with the goal of replacing other subsidiary financial systems within the County to create consistency between accounting functions. It is a very large project and has taken more time and proven to be more complicated than was originally anticipated. To give some perspective as to how large the project is, currently there are 17,500 accounts within Munis. Each of these accounts has nine segments that are converted into seven segments in the new account structure. The employee dedicated to work on this project retired last April and we have received some help from Teresa Johnson, CPA, in the meantime. In addition,Leo Kim,Mason County's CFO,has put in many additional hours beyond his normal work schedule to complete a draft COA crosswalk. The COA draft is complete and was emailed to all Mason County employees for review on July 6th,next steps are: 1. Work with County offices and departments on COA issues and help with subsidiary systems programming(the county sub-systems are: Terrascan,WinCams,MS Access, SmartGov, Odyssey,Real Time,JIS, Quickbooks,and Compuweigh)—goal to complete is August 31s' 2. Work on COA and subsidiary systems testing in Munis Train—goal to complete is September 29'h 3. Continue working on remaining COA Crosswalk work in Munis (ongoing until implementation) 4. Notify Munis when ready for Implementation(Munis needs approximately 2-3 weeks notice) 5. New Chart of Accounts Implementation—goal of December 30th Once the new COA is implemented in Munis,all information(both backward and forward looking)will be in the new format. This means that we can implement the new COA at any point in time when we are ready to move forward;we don't need to implement on the first day of the year. The Treasurer is looking C Mason County Agenda Request Form Y /A t! into this possibility in Terrascan,as well. It may be better for subsidiary systems to perform the transition at year end. Budget Impact(amount, funding source,budget amendment): $14,000 is due to Munis at project completion—included in 2023 IT Rates; at this time the amount due for subsidiary system programming is unknown but estimated to be under$100,000 in total. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Information only Attachments COA Structure—Current and Proposed 2023 COA Implementation Calendar FUND STRUCTURE NOW: 001.000000.030.031.514.23.542020.0000.00 REVISED: 001.030.031 514.23.42.0002 FUND: Position in current fund structure: Seq 1 Current: XXX.000000.000.000 Proposed: XXX.000.000 SPECIAL PURPOSE DISTRICTS (NON-COUNTY FUNDS): Position in current fund structure: Seq 2 C u rre nt:000.XXXXXX.000.000 Proposed: OOO.XXX.XXX COUNTY DEPARTMENTS: Position in current fund structure: Seq 3 C u rre n t:000.000000.X XX.000 Proposed: 000.XXX.000 COUNTY PROGRAMS: Position in current fund structure: Seq 4 Current: OOO.00OOOO.00O.XXX Proposed: OOO.00O.XXX BARS BASUB: Position in current fund structure: Seq 5 Current: XXX.00.000000.0000.00 Proposed: XXX.00.00.0000 The BASUB portions of a BARS line will be assigned per the current SAO BARS manual. BARS ELEMENT: Position in current fund structure: Seq 6 Current: 000.X X.000000.0000.00 Proposed: 000.XX.00.0000 The element portions of a BARS line will be assigned per the current SAO BARS manual. BARS OBJECT CODE: Position in current fund structure: Seq 7 Current: OOO.00.XXXXXX.0000.00 Proposed: 000.00.XX.0000 Going forward, Object codes will follow the standard BARS manual format using two digits. Within those two digits, past practice of separation of 31;32;33;34, etc will be used. BARS LOCAL INDEX: Position in current fund structure: Seq 8 Current: OOO.00.00OOOO.XXXX.XX Proposed: OOO.00.00.XXXX If a local index is requested, it will be assigned on an as needed basis. A standard format will be assigned by Financial Services. Mason County 2023 Chart of Accounts Implementation Calendar- revised July 19, 2023 *Dates may be subject to change* January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April May June S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 6 1 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 81 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July August September S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 301 31 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 291 301 24 25 26 27 28 29 30 31 Holiday COA Crosswalk Draft sent to all County Offices and Departments for Review Work with Offices and Departments on COA issues and Help with Subsidiary Systems Programming (Sub-Systems: Terrascan, WinCams, MS Access, SmartGov, Odyssey, Real Time, JIS, Quickbooks, Compuweigh) COA and Subsidiary Sytems Testing in Munis Train Continue Working on Remaining COA Crosswalk Work in Munis- Ongoing Until Implementation Notify Munis when ready for Implementation: need aprx 2-3 weeks notice New Chart of Accounts Implementation Munis Upgrade - complete in 1st quarter of 2024 Mason County Agenda Request Form Y !Rt! To: Board of Mason County Commissioners From: Kelly Frazier/Diane Zoren Eat.519/747 Department: Support Services Briefing: Z Action Agenda: Z Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 7/24/23 Agenda Date: 8/l23 Internal Review: ❑ Finance ❑ Human Resources Z 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: Approval to Request for Proposals for janitorial services. Background/Executive Summary: Mason County contracts or janitorial services and the current contract with Coastal will expire 12/31/23. $196,823 is contracted $200,000 is currently budgeted;three additional locations have been added (Church House,Buildings 10 and 12)so we anticipate a cost increase along with a% increase Budeet Imnact(amount,funding source,budget amendment):$45,000anticpated $245,000in 2024,@$45,000 increase from general fund Public Outreach(news release,community meeting,etc.): Request for Proposals Requested Action: Place RFP on 8/1/2023 agenda Attachments: Request for Proposals Mason County Request for Proposals for Janitorial Services 1. Summary and Background: Through this Request for Proposals (RFP) Mason County (County) is seeking the services of a well-qualified company (Contractor or Proposer) to provide janitorial services for County facilities. Mason County has facilities located throughout the County. Our current contact for janitorial services ends December 31, 2023. Services will be provided in the Shelton, Washington area except for the Sheriffs north precinct and the Public Works Building located in Belfair, Washington. Facility Locations and Descriptions: Shelton- A. Buildings 1-411 North 5th Street- 16,400 sq.ft. B. Building'2-410 North 4th Street- 2,000 sq.ft. C. Building 3-426 West Cedar Street-7,000 sq.ft. D. Building'4-303 North 4th Street-2,500 sq.ft. E. Buildi%5-521 West Alder Street- 1,300 sq.ft. F. Buildingl6-414 North 5th Street-2,100 sq.ft. G. Building,7-521 North 4th Street-3,900 sq.ft. H. Building'8-615 West Alder Street- 10,700 sq.ft. I. Building 9-423 North 5th Street- 1,700 sq.ft. J. Sheriffs'Office-322 North 3rd Street- 8,500 sq.ft. K. Courthouse-419 North 4th Street- 16,350 sq.ft. L. Public Works/Building 1 and 2-100 West Public Works Drive- 28,000 sq. ft. M. Building,10 414 W Franklin Street—22,000 sq. ft. N. Building:12 126 W Kneeland Street—200 sq. ft. O. Church house 321 N 3r' Street— 1,000 sq. ft. P. Memorial Hall-210 West Franklin Street-4,000 sq.ft. Belfair- j O. Sheriffs North Precinct—490 NE Old Belfair Highway, Belfair- 3,000 sq.ft. P. Public Works -600 Beck Road, Belfair, WA 98584 -80 sq. ft Total: 130,730sq. fL of cleaning area (not total building square footage) Mason County is an equal opportunity employer. We strive to create a working environment that includes and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and people of all sexual orientations and,gender identities are encouraged to apply. 2. Proposer's Qualifications: Typical qualifications that are reviewed and considered when awarding a janitorial services contract include but are not limited to those detailed below. The Proposer should consider these as well as those listed in sections: 6. Special Requirements for Page 1 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.dooc Proposal and Service Provision; 8. Proposal Requirements; and 11. Proposal Evaluation Criteria. A. Company's qualifications and experience-number of years in business, geographical service area, number of employees, references and any previous experience serving Mason County. B. Types of sizes facilities currently servicing. C. Experience cleaning public access space. D. Systems to ensure; quality service, qualified employees, meeting/exceeding industry service standards, safety of individuals and facilities and others such as goods provision. E. Proposals submitted by minority and/or women owned businesses will be awarded preference points during the review and scoring process. 3. Services Required/Scope-of-Work A. Proposerwill provide a proposal based on the Janitorial Service Plan & Expectations by Facility (Attachment#3). B. Prevailing Wage requirements apply. Certification of Compliance with Wage Payment"Statutes will be required when contract is awarded. C. Typical tasks include, but are not limited to: emptying waste cans/changing liners as needed; collecting recyclable materials and placing them in recycle bins/containers; cleaning and polishing water faucets and fountains; cleaning mirrors; spot cleaning carpets, mats and walls; cleaning and disinfecting toilets, includingiboth sides of seats, and urinals; damp wiping/disinfecting bathroom partitions, tile/flooring, walls, soap dispensers, towel dispensers, sanitary napkin disposal containers/replace liners and other fixtures; cleaning and disinfecting all sinks; fill'soap dispensers; ensure seat covers and toilet paper is adequately stocked; cleaning toilet flushometers, piping and base; polish and shine all chrome/stainless steel fixtures; remove graffiti; spot clean interior and exterior glass; sweep and damp mop floors; vacuum carpets and mats; carpet cleaning, floor waxing, buffing, floor wax stripping and wax re-application; wash interior and exterior windows; dust all tables, chairs, counter tops, ledge, panel tops, ceiling vents, shades/blinds, picture frames and other exposed furnishings; remove smudges from counter tops and tables; clean counter in kitchens; damp wipe exterior of refrigerator, cabinets, tables and other furnishings in kitchens/break rooms; straighten chairs in conference, meeting and break rooms; clean kitchen/break room sinks and microwaves; sweep and vacuum all exterior entry ways; hand handrails, baseboards and elevator control panels; remove cobwebs; clean interior and exterior elevator cab surfaces, vacuum and spot clean elevator floors; clean whiteboards that do not contain work; and other services. See Attachment#3-Proposed Janitorial Service by Facility. D. Services MUST include an initial "deep cleaning" of each facility on or before January 20, 2024. "Deep cleaning" includes those items listed as quarterly and annual on Attachment#3, Janitorial Expectations. E. Contractor to provide; all cleaning supplies, tools, equipment, cleaning rags and other items not specifically provided by County. F. County to provide paper products including towels, toilet seat covers, toilet paper, hand soap and other consumable products. Page 2 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa 4. Cost: A. Proposer will provide an annual cost to complete the services as detailed. B. The County may negotiate services including tasks, costs and frequency with the selected'Contractor as a part of the contract negotiation process. 5. Timeline: The contract for services awarded through this RFP will start on January 1, 2024 and end December 31, 2024, with an option to renew for three additional years. The Contractor will be responsible for meeting with the Facilities Manager or designee prior to January 1, 2024 to review the service requirements, collect keys and access information for the facilities and provide an employee list. 6. Special Requirements for Proposal and Service Provision: A. Mandatory Facility Tour. Proposers must attend a mandatory tour of the facilities on Wednesday, August 30, 2023 at 10:00 a.m. Meet in the lobby of Building 1, 411 North 5ei Street, Shelton. B. Background Checks-all employees and/or other company representatives must pass a Washington State Patrol background check prior to providing services. The Contractor must provide copies of the reports as requested.by County. C. Uniforms and ID Badges-Contractor's employees must wear a readily identifiable company uniform and photo ID badge. D. Employee List-Contractor must provide the Facilities Manager or his designee with a complete list of all individuals who will be providing janitorial services including employee, supervisors, owner(s) and other company representatives. The Contractor must update the list prior to allowing anyone who is not on it access to County facilities. Failure to comply with this requirement will be subject to a penalty.up to $200 per occurrence and/or termination of the Contract without notice. E. Lost or Mis-used Keys and Alarm Codes-Contractor must provide strict key control for all County issued keys and alarm codes. A lost key may result in the need to or all locks, doors and gates which the Contractor will be responsible for reimbursing the County up to a maximum cost of$100,000. It is recommended that the Contractor include Lost Key insurance coverage. Contractor is responsible for ensuring that employees or other company representatives do not mis-use keys or alarm codes such as providing access to unauthorized individuals or accessing areas where janitorial services are not required. F. Insurance and Bonding-the Contractor will be required to provide insurance coverage detailed at the minimum levels set forth in Attachment#2 of this RFP. G. Inspections-the Facilities Manager or his designee will conduct inspections of the janitorial services provided on a monthly to quarterly basis as warranted by the Contractor's performance. Sub-standard work or skipped or missed tasks will be addressed with the Contractor. Failure to remedy the issues in an expedient manner,will have consequence including withheld payments and/or Contract termination for cause. H. Material Safety Data Sheets (MSDS)-Contractor must provide and have readily available MSDS for all products used in the performance of the work. Contractor must ensure that the MSDS sheets and other information required to do the job is provided for employees in a language they understand. Page 3 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.docx I. Contractor must adhere to applicable federal OSHA, Washington State and Mason County laws, policies, rules and requirements. J. The County reserves the right to add, modify, reduce or delete work from any contracts executed with the Contractor. The cost adjustment will be determined by the Facilities Manager or designee and will be executed in the form of a Contract amendment. K. The Contractor shall be responsible for determining all conditions affecting the execution of the proposed work. This includes, but is not limited to, the location of the facilities, the time required to perform the services, labor, supervision, materials, equipment, transportation, uniforms, etc. L. The Contractor and his/her employees and other company representatives shall exercise all necessary precautions to protect pedestrian traffic and all public and private property from injury or damage caused by the Contractor's operations. Signs, tape and/or barricades shall be used as necessary to mark wettwaxed areas, or to indicate restrooms or other facilities are temporarily closed for janitorial service. Any practice deemed hazardous shall be immediately halted upon verbal or written notification. M. The Contractor and his/her employees and other company representatives shall immediately report any observed damage or potential hazards to the Facilities Manager or designee or other authorized County representative. Damage and potential 1hazards include, but are not limited to, broken fixtures or pipes, building or system damage or needed repairs, HVAC issues, leaks, smells or smoke. N. All employees and other company representatives of the Contractor must maintain,a professional appearance and demeanor. O. It shall be the responsibility of the Contractor to ensure that his/her employees complete the services in a manner consistent with the best management practices of the service industry, and that they are properly trained in the safe use and application of all materials and equipment used at County facilities., Contractor's employees may be required to have additional training for site specific operations, including construction, hazards, preservation, safety, and/or security, that will be agreed upon by the Facilities Manager or designee and the Contractor at the time of contract award. P. The work involved will often be in facilities with secured access, or areas closed to the public except during normal business hours. The Contractor's employees shall maintain the security of these areas by locking them immediately upon enteringthe facility and again when leaving the facility after completing the janitorial services. Prior to leaving the facility, Contractor's employees will make a final check of all windows, exterior doors, gates or other access points to the building or site to ensure they have been locked and that all lights, except night lights, have been turned off. Q. For those facilities equipped with burglar or other surveillance equipment, the Contractor's employees shall be responsible for disarming the alarm immediately upon entering the facility and "setting"the alarm when leaving the facility. The County reserves the right to deduct $100.00 from payments to the Contractor for each security failure that constitutes a potential hazard to a County facility, or where 4false alarm is caused because of Contractor's employee not properly operating the building's security system. R. The Contractor and his/her employees shall not remove or consume any property belonging to the-County, County employees or other contractors working for the County,iThis includes any articles that may be deposited for disposal in recycling Page 4 of 21 C:\Users\kellyt\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.docc or trash containers. The Contractor and his/her employees shall not use any County property, including computers, fitness equipment, telephones, FAX or copy machines, ladders, lifts, tools or other equipment, without the approval of the Facilities Manager or designee or other authorized County representative. S. The Contractor and his/her employees shall not abuse the use of any County supplied material or equipment. Doing so may be grounds for immediate removal of the employee or, in more severe cases, termination of the Contract. T. The Contactor shall satisfactorily complete all services as set forth in the contract.ilf the Contractor fails to execute the work in accordance with the Contract; and/or a dispute arises as to the quality and/or quantity of the work completed, the County reserves the right to withhold payment based on the task cost per occurrence. U. Any deficiencies in the work shall be brought to the attention of the Contractor or his/her employees by the Facilities Manager or designee or other authorized County representative. To the extent possible, the Contractor or his/her employees shall correct deficiencies on the same day or the following workday. When noted deficiencies have been corrected to the satisfaction of the Facilities Manager,or designee the completed work shall be considered acceptable unless the same or similar deficiencies occur on a continuous basis. V. No cost increases will be allowed during the first term of the contract. Costs may be negotiated annually if the County elects to renew the contract as allowed per the contract. W. Mason County is a drug-free, tobacco-free campus. Contractor will ensure that employees comply with these requirements. X. Contractor will be responsible for ensuring that employees and other representatives of the Company do not enter areas where "Do.Not Enter"signs have been posted particularly in the County's courthouses. Y. Contractor must ensure that employees are able understand written and oral instructions as provided by County staff and representatives as well as being able to relay requests and notices such as supplies or repairs needed. 7. Type and Duration of Contract: A. Services will be secured with a Mason County Professional Services Contract. B. The initial contract performance period will be for one (1) year. The Facilities Manage will have the option of extending the Contract up to three (3) additional years based on the Contractor's performance. See Attachment#1 for general terms and conditions. C. The County reserves the right to award contracts to multiple providers. 8. Proposal Requirements: The Proposal mtust be submitted on letter size paper with type that is a minimum of 11- point font, not to exceed 10 pages in length (not including the Service Plan by Facility as detailed in Attachment#3) and contain the following components: A. Name of company or individual, address, telephone number and e-mail address submitting the proposal as well as a designated contact person with their telephone number and e-mail address if different than the Company's. B. Detailedldescription of skills, experience and ability to provide janitorial services for multiple public access facilities with square footage estimated at less than 131,000'square feet. Page 5 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Masan County Janitorial RFP 2023.dooc C. Identification and designation of roles/responsibilities of supervisory and management staff including their experience. D. A minimum of three client references including type and size of facility(ies) served, dates, contact info and description. E. Service plan including cost per facility utilizing the form provided in Attachment#3. F. Proposer must clearly detail any exceptions to any terms and conditions detailed in the RFP including Attachments#1 or#2. G. Proposers are to refrain from submitting proposals that will not be easily duplicated such as those with spiral binding, photos or over-sized paper. H. Prevailing Wage requirements apply. Janitorial contracts require annual wage updates after the initial contract effective date. 9. Proposal Submission: A. Sealed proposals must be submitted by mail or hand delivered to Mason County, Attn: Janitorial RFP Proposal, 411 N 5th Street, Shelton, WA 98584. B. Hard copy proposals are to be secured with a single staple. C. Proposals should not include pictures or brochures. D. Proposals must be received by 12:00 noon on September 29, 2023. Late submission will be automatically disqualified from review. 10. Request for Proposal Process and Timeline: Proposals will be reviewed and scored by a Committee designated by the Facilities Manager. i Mandatory Walk-Through: Wednesday, August 30, 2023, 10:00 a.m. Proposals Due: Friday, September 29, 2023 by 12:00 noon Anticipated Award Announcement: Mid-November Anticipated Contract Start Date: January 1, 2024 Contract End Date: December 31, 2024, with option to renew for 3 additional years. 11. Proposal Evaluation Criteria: A. Technical Review-Proposals will be reviewed to ensure that they meet the specifications as detailed in this RFP. Proposals that do not meet the requirements wiT not be scored and will be removed from further consideration. B. Proposals that pass the technical review will be scored by a Review Committee based on the following criteria. The County reserves the right to change criteria without notice: Rated from 1-7 with 1 being the Proposal Components lowest and 7 the highest 1. Experience: Years in business under current company name 1 2 3 4 5 6 7 Experience servicing public access facilities 1 2 3 4 5 6 7 Experience servicing accounts 100,000 s . ft or larger 1 2 3 4 5 6 7 Quality of services provided in,Mason County 1 2 3 4 5 6 7 Number of current commercial accounts 1 2 3 4 5 6 7 2. Capabilities: Number of employees' 1 2 3 4 5 6 7 Employee supervision 1 2 3 4 5 6 7 Employee training 1 2 3 4 5 6 7 Page 6 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa Quality Assurance 1 2 3 4 5 6 7 Capabilities of key staff 11 2 3 4 5 6 7 Employee and facility safety 1 2 3 4 5 6 7 3. Minority or Women owned entity? No = 0; Yes = 7 0 7 Total Score Proposed Costs SHELTON Building 1-411 North 5th Street $ Building 2-410 North 4th Street $ Building 3-426 West Cedar Street $ Building 4-303 North 4th Street $ Building 5-521 West Alder Street $ i Building 6-414 North 5th Street $ Building 7-521 North 4th Street $ Building 8-615 West Alder Street $ i Building 9-423 North 5th Street $ I Sheriffs Office-322 North 3rd Street $ Courthouse-419 North'4th Street $ Public Works/Buildin 11-100 West Public Works Drive $ Public Works/Building;2-100 West Public Works Drive $ Building 10-414 IN Franklin Street $ Building 12— 126 W Kneeland Street $ Church House— 321 N 3rd Street $ Memorial Hall-210 West Franklin Street $ BELFAIR: Sheriffs North Precindt-490 NE Old Belfair Highway $ 1 Public Works— 600 Beck Road $ Page 7 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.docc TOTAL COST C. The County reserves the right to make minor changes to the RFP without notification. D. The County reserves the right to elect not to make an award from this RFP. E. The County reserves the right to negotiate services, terms, requirements and other components with the apparent successful proposer. F. The County reserves the right to require additional information from all proposers prior to selecting decision. G. The County will reject proposals that don't meet the stated qualifications and proposal requirements. H. On-site interviews may be required. 12. Contact Information: Kelly Frazier Mason County Facilities Manager 411 N.5t" Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 519 E-mail: KFrazier@masoncountywa.gov Page 8of21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa Mason County Request for Proposals for Janitorial Services Attachment#1-General Terms and Conditions These general terms and conditions are representative of the County's Professional Service Contract requirements. This is not a complete list and it is subject to change without notice. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer- employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay; holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. , CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, officials, employees and volunteers from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales,and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Page 9 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Prevailing Wage Contractor agrees to comply with Prevailing Wage requirements, RCW 39.12, and to file all required forms, certifications, and affidavits necessary to comply with Federal and State laws before payment shall be made to the Contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Mason County, may be found at the following website address of the Department of Labor and Industries: https://Ini.wa.gov/licensing-permits/public-works-projects/prevailing-wage- rates/ Based on the proposal submittal deadline for these services,the applicable effective date for prevailing wages for this project is September 29, 2023. A copy of the applicable prevailing wage rates is also available for viewing at the Mason County Commissioners' Office, 411 North 511 Street, Shelton, WA 98584. Upon request, the County will mail a hard copy of the applicable prevailing wages for this project. Janitorial contracts require annual wage updates after the initial contract effective date. Debarment Contractor certifies that to the best of its knowledge and belief they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, Page 10 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa i sexual orientation, age,'marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status`, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 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 officers, officials, employees or volunteers from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict'compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, officials, employees, and volunteers. 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. i Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY officers, officials, employees, 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 Page 11 of 21 C:\Users\kellyf\A,,---,Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa i any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or,CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. i 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. i Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding.CONTRACTOR's indemnity obligations to COUNTY. E-Verify: The E-Verify contractoriprogram for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "statusjverification system" means the Illegal Immigration.Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a) termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to+contract cancellation or loss of license or permit." CONTRACTOR will review and enroll in thelE-Verify program through this website: www.uscis.gov i Compliance with Applicable Laws, Rules and Regulations: i Page 12 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.dooc h This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for,.licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to.receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of,termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. t Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion,that `such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with CONTRACT Exhibit A Scope-of- Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the,CONTRACTOR shall be entitled to payment for actual work performed in compliance with CONTRACT Exhibit A Scope-of-Services and Exhibit B Compensation. i Disputes: 1. Differences betweenjthe 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. i Page 13 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa } 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 havingsimilar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after,the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: If 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. { Page 14 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial I RFP 2023.doa 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. I f ' I i Page 15 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MELBU\Mason County Janitorial RFP 2023.dooc Mason County Request for Proposals for Janitorial Services Attachment#2-Insurance and Bonding Requirements A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. 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, and $2,000,000 products-completed operations aggregate limit. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 02 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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. If necessary, the policy shall be endorsed to provide contractual liability coverage. 4. Employee Dishonesty coverage endorsed for third party fidelity coverage for COUNTY or endorsed to cover County Property with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate.; 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT start date. Page 16 of 21 C:\Users\kellyf\pppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.dooc C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officers, officials, employees and volunteers, with respect to the work performed for the County using ISO endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 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. i 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. l 5. 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. I 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, its officers, officials, employees or volunteers 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. i 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 i Page 17 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa 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. i 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,iout 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 claim's if they are likely to involve COUNTY. I D. Bonding Requirements: CONTRACTOR will provide COUNTY with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. Said bond or letter of credit will be provided to COUNTY prior to CONTRACT start date. I Page 18 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial UP 2023.docc Attachment#3-Janitorial Service Plan & Expectations by Facility See below chart for definition of janitorial expectations l Location #of Days for #of Quarterly- Annually- Annual Daily Tasks Times yes/no yes/no Cost per week for Weekly All Shelton,unless noted Tasks Building 1 5 days,M-F 1 day Yes Yes 411 N. 5th Street i Building 2 2 days,T T 1 day Yes Yes 410 N. 4th Street Building 3 3 days,MWF 1 day Yes Yes 426 W. Cedar Street Building 4 2 day,T T 1 day Yes Yes 303 N. 4th Street Building 5 1 1 day,W 1 day Yes Yes 521 W. Alder Street Building 6 2 days,T T 1 day Yes Yes 414 N. 5th Street Building 7 3 days,MWF 1 day Yes Yes 521 N. 4th Street Building 8 5 days,M-F 1 day Yes Yes 615 W. Alder Street Building 9 2 days,T T 1 day Yes Yes 423 N. 5th Street Building 10 3 days,MWF 1 day Yes Yes 414 W Franklin Street Building 12 1 day,W 1 day Yes Yes 126 W Kneeland Street Sheriffs Office 3 days,MWF 1 day Yes Yes 322 N.3rd Street Church House 1 day,W 1 day Yes Yes 321 N. 3rd. Street Court House 5 days,M-F 1 day Yes Yes 419 N. 4th Street Public Works 3 days,MWF 1 day Yes Yes Buildings 1 and 2 100 W.Public Works Drive Memorial Hall i I day,W 1 day Yes Yes 210 W. Franklin Street Belfair 1 day 1 day Yes Yes Sheriff's N. Precinct 490 NE Old Belfair Hi tiwa i Page 19 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.dooc Belfair I day 1 day Yes Yes Public Works 600 Beck Road TOTAL COST FOR ALL BUILDINGS The above form is available digitally. To request, send an e-mail to Kelly Frazier at KFrazier@masoncountywa.gov Page 20 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FW2MEL8U\Mason County Janitorial RFP 2023.doa Janitorial Expectations Dust/wipe: General kitchen cleaning: -tables,counters,chair;,file cabinets,light'switches,door handles, - -clean and disinfect all counters,outsides of cabinets,appliances,sink fixtures,and horizontal surfaces,glass doors,and windows tables -general hallways and corridor walls -sweep and wet mop all hard floor surfaces Spot clean: -vacuum carpeted areas -fingerprints,smudges,stains,and spills as needed -spot check and clean touch points -remove cobwebs -straighten/arrange chairs in conference,break,and meeting rooms Empty trash/recycling bins: -secure facility prior to leaving -all rooms,open areas,hallways,corridors, General restr00m cleaning: dining/lunchroom areas,kitchen area,receptions area, -sanitize all toilets,urinals,and wash basins A employee cubicles,and all restroom receptacles -sweep,damp mop,and disinfect floors -replace trash liners whenever stained,soiled,tom,and/or removed -clean mirrors,faucets,exposed pipes,dispensers,counters,and door handles Entry way/outside clean up: -fill all dispensers -sweep within 10'of each entrance -spot clean windows and entry way doors -remove trash and debris from 10'of entrances -empty outside trash cans within 10'of entrances Clean/wipe chrome fixtures: ;o, -drinking fountains(2x per week or as needed) -faucets(2x per week or as needed) -clean and disinfect toilet stall doors and walls(minimum Ix per week or as needed) If applicable: -cleaning of elevator cab(vacuum,wipe down panels,rails,walls,etc.2-3x per week) -dusting of vending machines Deep dusting of- I^" -horizontal surfaces,moldings,blinlds,picture frames,cloth panels,HVAC vents,grills,and recesses,ceiling vents, frills,and recesses it C� a -strip and wax floors where appropriate -carpet shampooing CC a s~ ' /y Page 21 of 21 C:\Users\kellyf\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\FW2MEL8U\Mason County Janitorial RFP 2023.dotx 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 24, 2023 Agenda Date: August 1,2023 Internal Review: ❑ Finance ® Human Resources ❑ Legal ❑ Risk❑ 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• Request for Lead Pay(10%) approval for the following: Tammi Wright DEM Senior Emergency Management Coordinator 6/l/23-Budget Review Nichole Wilston HR Risk Manager 7/l/23-11/l/23 Background/Executive Summary: Both employees are needing to serve in a lead capacity in their respective departments to assist in the direction and oversight of work and activities. Budget Impact(amount, funding source,budget amendment): General Fund Supplement Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval for Lead Pay for Tammi Wright from June 1,2023,until annual budget review process and Nichole Wilston from July 1,2023 to November 1, 2023. Attachments Lead Pay Request Forms Out of Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted on this form to Human Resources for review and approval before moving forward. Refer to the Personnel Policy or applicable CBA for additional requirements, clarification, or information. Type of Pay Request Union Status Lead Pay Union Union AFSCME Name Tammi Wright Department Employee Current Job Title Support Services Senior Emergency Management Coordinator Proposed Increase (%) Funding Source 10% Effective Date End Date 01/01/2023 12/31/2023 What specific job duties is or will this employee be performing outside of their current position description? The current division manager's position is a .5 split position between two different positions, requiring a lead worker to be available to act in minor rolls when the manager is absent. The lead position will be necessary for as long as the manager's position remains a .5 FTE Attach job description of higher Requestor's Email Department Head Email class jtaylor@masoncountywa.gov dlz@masoncountywa.gov Senior Emergency Management Cooridinator- Draft 5-2023.docx Out of Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted on this form to Human Resources for review and approval before moving forward. Refer to the Personnel Policy or applicable CBA for additional requirements, clarification, or information. Type of Pay Request Union Status Lead Pay Non-Union Name Nichole Wilston Department Employee Current Job Title Human Resources Risk Manager Proposed Increase (%) Funding Source 10 Supplemental Effective Date End Date 7/1/2023 11/1/2023 What specific job duties is or will this employee be performing outside of their current position description? Providing direction and oversight of new HR Analyst labor/negotiations duties. Attach job description of higher Requestor's Email Department Head Email class mransier@masoncountywa.g mransier@masoncountywa.gov ov MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING July 24, 2023 N C Action Items• Discussion Items: Commissioner Follow-Up Items: July 27, 2023 @ 1:00 pm CRABoard Meeting and County presentations— Bremerton Hampton Inn July 315t @ 9am Public Hearing Solid Waste Long Haul Transportation and Disposal Contract Upcoming Items• August 7th - 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 4th -5th Homestead Road Paving from MP 0.00 to MP 0.22 - Closure during working hours. 7:30 am to 4:OOpm. September 6th - 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 July/1st week in August 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)