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HomeMy WebLinkAbout2023/09/25 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF September 25, 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 September 25, 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, September 25, 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 9:15 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:15 A.M. WSU Extension—Dan Teuteberg&Kela Hall-Wieckert 10:25 A.M. Economic Development Council—Jennifer Baria&Jason Roberston 10:45 A.M. Sheriff's Office—Undersheriff Adams&Chief Hanson 11:00 A.M. Superior Court—Paddy McGuire&Kayla Henley 11:05 A.M. Public Health—Dave Windom 11:20 A.M. Public Works—Loretta Swanson Utilities&Waste Management 11:30 A.M. Support Services—Mark Neary 12:10 P.M. Overview of the 2024 Proposed Budget—Jennifer Beierle 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 09/20/23 at 1:39 PM C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Dan Teuteberg Ext. 686 Department: WSU Extension Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 25,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ 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• Summer 2023 Report on Washington State University Extension Mason County Accomplishments Background/Executive Summary: N/A Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: N/A Attachments Report + •- _ _ �. �i SU EXTENSION Summer Report 2023 ,'ik� Mason County — sityr Serving Mason Count)tformore Washington State University Extension Mason County helps people put research-based knowledge to work, improving their lives,communities,and the environment. To realize this mission,faculty and staff plan,conduct and evaluate research and experience-based educational programs to improve the lives of Mason County residents. WSU Extension Mason County also employs the assistance of hundreds of volunteers and community partners and provides access to the resources available at Washington State University and the National Land Grant University Extension System. '9• Dan Teuteberg,County Director& Partnerships Mason Coun and Washin ton State Universi have a 4H Youth Development Specialist County g University dan.teuteberg@wsu.edu ��°N oO°�rA long-standing partnership in providing educational 360-427-9670 Ext.686 programs and research-based information to residents throughout the county.This partnership ensures that - --_ resources are committed from Federal allocations and WSU Extension Mason County rxs' University funds to keep important educational programs 303 N 4th Street,Shelton,WA 98584 available in Mason County. 360-427-9670 Ext.680 http://extension.wsu.edu/mason Other Mason County partnerships include: ♦ United Way of Mason County ♦ School Districts—Shelton, Facebook pages: Pioneer and Hood Canal p g ♦ Early Learning Coalition Mason County4-H ♦ Community Services Offices ♦ Shelton Timberland Library Mason County Noxious Weed ♦ Saints Pantry Food Bank ♦ Mason Conservation District Control ♦ Mason General Hospital Mason County WSU Master Gardeners ♦ Mason County Health Department ♦ Washington Conservation Corps WSU Small Farms Mason County ♦ The Salmon Center ♦ South Sound Reading Foundation ♦ Hood Canal Coordinating Council ♦ Mason County Therapeutic Court Cooperating agencies:Washington State University,U.S.Departmentof agriculture,and Washington counties.Extension programs and employment are available to all without discrimination.Evidence of noncompliance may be reported through your local Extension office. • BY THE NUMBERS 2023T • 283 youth engaged through summer events & outreach programs °"` • 39 certified adult volunteers • 118 active 4-H 4- H Youth Development members enrolled in • Make the Best Better" a 4-H club • 8 active county wide 4-H CLUBS 4-H Clubs and Summertime in 4-H is a time for clubs to reflect and showcase what they have learned this programs year at the Grays Harbor County Fair.Youth entered their animals,created informational displays, exhibited their artwork, photos and camp crafts. It was marvelous to see the proud 4-H youth showing off what they worked so hard on this year. Our program would also like to recognize our dedicated 4-H adult volunteers,we could not provide such wonderful learning V opportunities without you.Thank you! The new 4-H year will begin on October 1,and we are excited to see our clubs grow, new clubs form and youth continue learning about what they are passionate about. Each club is led by certified adult volunteers and youth leaders.The clubs each have their own personality and al� offer projects based on their members interest. 4 Club spotlight: Union 4-H club"Alicom HERALD Adventurers" lead by 4-H volunteers _ --MENUKymberly Norrick and jimmy Harris thanked i r their local fire station and toured the fire v - n 4-H kids visit station headquarters.The received a shout Union q Y Union Fire :1. out on the Belfair Herald newspaper for their work.Thank you for your focus on giving back to the community 4-H members! Heather D'ran 4-H empowers youthto reach their full Coordinatora � potential, working and learning in 681 YOUTH GARDENING This summer we wrapped up a second year of our Youth Gardening program.This free community program was in partnership with the Mason County Master Gardeners,and a community grant from the United Way of Mason County.All Mason County families were invited to attend. Our goal was to teach youth about gardening and provide hands on J� experience to grow crops and have a farm to table experience. Families are invited to participate in the Catalyst community garden and supplies have been donated to provide the ability for all families to create a garden at home. c We awarded 5 youth member enrollment fee ' QUOTE. _ scholarships through a generous grant from the V. "Thank you for teaching United Way of Mason County.This year we had some us a new craft. My new hands on activities and crafts that participants daughter brought extra were able to take home such as;a worm composting e supplies on vacation to bin, hanging strawberry planter, coffee mug bug teach her friends. /love hotel,and wildflower seed bombs. Each month youth have learned a new skill and are led in hands on that they wanted to share what they learned last lessons in gardening including: planting, harvesting, Youth made bug hotels month!"- soil and composting, nutrients, beneficial insects,crop learning about bees and beneficial 4-H parent rotation,what to do with your harvest and seed insects from Master Gardener saving! Mary Dessel. "'just love 4-H because it Thank you to the Mason County Master Gardener volunteers who made this program gives my daughter a possible. It was so fun to learn alongside adult community gardeners at Catalyst Park chance to explore so many Demonstration Garden. projects and discover what she really loves." CLOVER KIDS Carly, 4-H mom 1 This free community outreach program is designed to give "We are grateful for any families a fun 4-H experience while providing educational and support you guys provide unique hands-on opportunities. Both enrolled 4-H members - , and community youth are welcome to participate.The 2023 for us to keep our kids' series is offered monthly with a new topic or skill for families to minds active!" t� \ learn.The goal is to help kids spark their inner passions, Kisako, community parent + � interests and talents helping them to discover their best self! This year we were fortunate enough to receive funding from The United Way of Mason County to continue this program all summer long.We are currently looking for a location to offer Clover Kids in North Mason, on a regular basis. better"I PLEDGE my HEAD to clearer thinking, my HEART to greater �.T...I.. loyalty, my HANDS to larger service and my HEALTH to DAYCAMP AT THE SALMON CENTER We were excited to partner again with The Salmon Center in Belfair to provide a one day summer camp geared toward youth ages 5-8.We spent the day outside learning about goats, rabbits and alpacas, hiking the fjord,exploring the garden and learning where our O,X food comes from,and making several crafts.Thank you to the staff and volunteers at The Salmon Center for creating such a rich learning environment for us to kick off summer with. Youth who came to day camp were invited to join the 4-H club"Farm at Water's Edge" QUOTES which meets after school biweekly on Wednesdays at The Salmon Center. `%have purchased supplies SUMMER CAMP for my own continued Our"Around the World"4-H Summer Camp was an adventure!This year 98 youth attended learning. We will our traditional camp and participated in activities like swimming,crafts, hiking,archery, collaborate on projects biking, boating,outdoor games and cooking. Fun new activities were also added this and the usefulness as an year- like a 4 foot beach ball and paddleboards!A Nuke'Em volleyball tournament,crazy offer to 4-H youth." - camp songs,and talent show were highlights for our campers. Michael, 4-H volunteer Our 27 teen counselor team worked hard this year to earn over 35 training hours to lead our youth campers in a week full of fun!The counselors reflected that they were very tired know this craft was for by the end of the week but learned a lot and loved being role models and keeping my daughter, but it was a Panhandle traditions alive.The teen counselors were supported by a wonderful group of great stress relieving adult volunteers activity for me too!"- who worked side s � Clover Kids parent by side the teens to provide a safe and fun week at A► ' 11,. "l love watching a youth camp. Our 9th grade campers learn something new, --F- ��- _-- seeing that light bulb go are sad that this on is so rewarding was their last ". — Robotics volunteer year of camp, l but many have already asked how they can , become :. �� _ :,, ice . „"' I counselors next r~ "I PLEDGE my x 1 to clearer thinking, my HEART to greater loyalty, / to larger ' 1 better livingMason County for my club, my community, country1 =LjLAj&- AW GRAYS HARBOR COUNTY FAIR Mason County 4-H families wrapped up summer with a great showing at the Grays Harbor County Fair.With nearly 200 entries, Mason County youth represented us well (and doubled our entries from the previous year). Many of these entries earned blue ribbons and will be showed at the WA state fair in September. Our adult volunteers dedicated more time judging entries,overseeing animal barns, guiding kitchen activities,and listening to public presentations.The community was able to see our 4-H youth showcase their work,and try some 4-H activities like Robotics,Archery and Crafts.There was always something going on in the"4-H Still Life Barn"located in the fairgrounds pavilion, led by wonderful Mason County volunteers and youth members. New this year;we were excited to see the return of the horse project in Mason County and had 5 youth members participate with their horse at fair.Additionally,youth participating in the archery event were able to demonstrate what they learned this year by joining our first archery exhibition. . i=t%_�:•:?i�� _9i:::i; ••_��1-;��'?tr,: :?ir�._9i . .. � � Ja4� t.aw R �nesscAo.. � f4 � Jam:... •-I, xy�k� �/ .. — .( _ 2023 oDorxn Fair Plf :'.ii' ;-ii U_ .i;. ,._... • Gcatn� aft State VT. S 1 WSU EXTENSION Summer Report 2023 Mason County BY THE NUMBERS protein i 2023 Indirect contacts through online learning and y resource sharing: • Schools: 3,364 • Tribes: 678 SNAP- Ed Nutrition • Adults: (CSO, Food Supplemental • Program Bank, Shelton Farmers Market) CULINARY ARTS STUDENTS AND SNAP—ED HEAD INTO 23,538 SUMMER WITH TWO MORE TASTE—APPROVED OFFERINGS FOR Direct contacts: HARVEST OF THE MONTH • Youth: 295 SNAP-Ed staff assisted the Culinary Arts Program at Shelton High School with developing and • Adult: 6 testing two more standardized recipes that met with student taste-approval. Radishes were the WA-grown Harvest of the Month (HOTM) product and were featured in a Barbeque Pulled r.•.- Pork Slider with Crunchy Radish Slaw, served at the end of May. The recipe was entered into nutrient analysis software and a National School Lunch Program(NSLP)Smart Snacks/Entree MOVIN' With nutrition standards compliance worksheet was successfully accomplished. Students roasted Summer Meals ACTIVITY GUIDE FOR fAMILIES pork shoulders with a spice rub, pulled the cooled meat, simmered a barbeque sauce from Your Guide Moving scratch,and prepared a fresh slaw made with rated Daikon radish,cabbage,and carrots. More and Sittft ing Less p p g g e AM telmsio��Adam= % Slider sandwiches were assembled and distributed to students for taste-testing at the school -mg to a heartier beat. store. A total of 144 samples were served and student input was collected via a paper survey,with results entered in Qualtrics software. Student survey results were very favorable: . 1 `, .►t + 8496 reported liking the sliders, rating it 7 or higher on a scale of 1-10;and 60%indicated r they would buy the sliders if offered as a"special of the day'at the Highclimber student store. a A few comments were received from students who had given the sliders a lower rating, suggesting a tangier slaw or serving the slaw on the side rather than on the sandwich,which will be considered by Culinary Arts when serving the sliders in the future. Pamela Bish Educator J ' • Nutrition Programs • on providing Ext. 694 dietary quality, physical activity and food pllyons@wsu.edu resource . • for adults and youth. _ fir► Continued from previous page... Quotes- Due to the sliders' popularity,a New Product Proposal was completed by Culinary Arts students and staff and submitted to the Shelton School District Office for future menu V really appreciate our approval,giving students more healthy options. partnership with WSU SNAP-Ed and a//the June's Harvest of the Month recipe was a Hummus Sampler,featuring garbanzo beans as expertise and support the WA-grown item. Scratch-made hummus was served with whole wheat pita bread they provide us... we wedges and a variety of fresh raw vegetables for dipping(carrot and celery sticks, red bell wouldn't have been able pepper strips,and cucumber slices). Exploring if the Hummus Sampler would be favored to grow our Culinary Arts by the student body was in response to students expressing wanting more healthy snack Harvest of the Month choices available during the school day, especially during the lengthened mid-morning Program here at the high break between class periods. A preliminary nutrient analysis showed the Hummus Sampler school without them...We would meet the NSLP Smart Snacks nutrition standards as a snack serving,and as a larger now have advance entree portion. Due to scheduling conflicts with summer break about to commence,this students taking recipe was tested on a smaller scale amongst two Culinary Arts classes and proved to be a ownership of individual hit. Of the 32 students polled, 91%reported liking the Hummus Sampler,with 72% projects - researching indicating they would purchase the item if offered at the school store. SNAP-Ed and healthy recipes, testing Culinary Arts will resume developing this recipe on a larger scale as a HOTM feature when them, creating marketing students return to school in the fall. materials, and following through the District's new product approval process, with their - successful items joining the regular rotation of special offerings being prepared and soldp � '. through the student •. • . .•• •. .• •. • store."- -111, • • • • �. • .• Janet Toney, SHS CTE tossed with scratch-made dressingjust before serving to keepof Department Leader - Barbeque Pulled Pork Sliders ' by '" Family & Consumer Sciences Teacher SNAP-ED SPROUTS PUMPKINS, SNAP PEAS, AND NASTURTIUMS WITH SUMMER MEALS YOUTH Research shows that when youth are engaged in growing vegetables, not only do they + learn about nature,agriculture,and nutrition,they also eat them-developing life skills and Ibenefitting their overall health. WSU EXTENSION Mason County SNAP- Eck Continued from previous page... Along those lines,SNAP-Ed extended its partnership with Shelton School H'E, Snap Peas District and distributed Grow It kits to youth participating in the free ' Summer Meals Program. Three sets of take-home gardening kits were assembled and handed out on three dates in July,featuring pumpkins, snap peas,and nasturtiums. The kits included seeds, seed starter mix soil, peat planting cups,WA SNAP-Ed"How to Grove!'gardening tips = _ sheets, and Food Hero pollinator activity pages. The Grow It kits also contained nutrition and food security support materials for parents, including USDA-FNS Summer Meals Family Activity Guides,SNAP Market How to Grow Peas- Match&Produce Match program information,WA SNAP-Ed Live Well Grow It Kits website resources,and recipes. Building awareness that SNAP-EBT benefits and SNAP Market Match (at participating farmers markets)can be used to purchase food-producing seeds and plants was also key, Quotes� providing families with another strategy to stretch food budgets and Yonathan couldn't wait enjoy growing their own food at home. to plant his pumpkin TWO SERIES OF NUTRITION EDUCATION CLASSES OFFERED AS PART seeds when we got home. He's been OF THERAPEUTIC COURTS LIFE SKILLS WORKSHOPS checking on them every Two series of Plan,Shop,Save&Cook(PSSC)classes have been provided monthly day and watering them. throughout the summer as part of Mason County Therapeutic Court's Life Skills workshops. He's hoping he'//grow The PSSC series is comprised of four lessons and runs through September. Participants have big pumpkins for learned how to plan meals, strategies to save time and money and stretch food dollars,as Halloween. We're going well as utilize SNAP fruit and vegetable incentives,enabling them to buy more nutritious to try the pumpkin foods. Reading nutrition labels and applying that knowledge towards making healthier food muffins like the recipe and beverage choices was practiced,as well as exploring how to engage children in shows...I've never tried preparing nutritious meals and snacks. During each lesson, participants developed personal baking a pumpkin health goals around what they were learning before..."- in class and discussed their challenges and Mom of Summer Meals successes. Two key successes resounded youth participant, by many were decreasing the added sugar returning for second in their(and their families')diets and SNAP-Ed Grow It kit stretching food budgets while eating session healthier. With elevated rates of obesity and I - diabetes among other chronic health conditions,as well as growing food insecurity in Mason County,this is a big win! WSU EXTENSION Mason County SNAP- Eck AAAj SHELTON FARMERS MARKET AND SNAP-ED PROMOTE ACCESS TO Quotes: HEALTHY FOODS SNAP-Ed has joined forces again with Shelton Farmers Market(SFM) `%was drinking six or to support making the healthy choice the easy choice in Mason County. As this growing season has been underway,SNAP-Ed has more sodas a day, but once /realized how helped promote all the food access programs available at the market. � much sugar was in it, Jr, y�r This includes highlighting that SFM is the only farmers market in Mason County that accepts SNAP EBT cards,SNAP Market Match,and started cutting back. Now/don't drink any. / WIC&Senior Farmers Market Nutrition Program(FMNP)electronic switched to seltzer P'Ed benefits cards. New this year,WIC participants can use their Cash - water. It doesn't really \ 1 Value Benefits(CVB)at farmers markets to purchase fresh fruits, taste like anything but/ vegetables,and herbs-yet another great way to help nourish mothers and young children. like it. /t works for me. Promotional materials, such as SNAP Market Match rack cards and WIC&Senior FMNP And it's cheaper. I've brochures,were provided to the market manager in various languages,as well as lost 9 pounds since applications for Senior FMNP benefits from Lewis, Mason,and Thurston County Area Agency quitting soda and l think on Aging (LMTAAA). In addition,SNAP-Ed shared information on the MarketLink grant it was a//that sugar.If program sponsored by the National Association of Farmers Market Nutrition Programs - Therapeutic Courts Life (NAFMNP)with the Shelton Farmers Market vendors to further increase food access by Skills - SNAP-Ed PSSC helping grow the base of farm vendors that are equipped to accept SNAP-EBT and other class participant electronic forms of payment for customers'food purchases. Because of the nuances between the different food access programs,as well as the FMNP shift to electronic benefits cards and expansion of WIC CVB to farmers markets, SNAP-EBT "These flyers and posts and other shoppers,as well as farm vendors alike are often confused. To help alleviate the are an awesome confusion,SNAP-Ed provided SFM with custom-branded social media posts,aimed at SNAP, resource![Get More at WIC and senior audiences, paper flyers for visitors at the market information booth,and Your Local Farmers laminated flyers for farm vendors' reference,all of which clearly and concisely delineate the Market/ Thanks for various food access programs. These materials were developed in conjunction with fellow having these in Spanish, SNAP-Ed nutrition educator Michelle Floch(WSU Extension Grays Harbor County), too. They're a big help Washington State Farmers Market Association's West Sound Regional Lead Jess Sappington, for a//of us here at the and Spanish translation by WSU SNAP-Ed Latino market!" Outreach Program Coordinator Mariah Brown-Pounds. ~�__' - Bryan Coogler, Shelton Mason SNAP-Ed also shared the flyers with other Farmers Market Board of community partners who provide services to low- ®N M '""' Directors - income residents,to help build awareness of and " "'""`°'Mr h wKr«» . s.w.r«...+ V�Mwr V� M�- Secretar -1� IAOrYNNW1YM MYYM MNII{M & Marketing, '�- --=� � y g, increase participation in these fruit and vegetable n M�a O+ar�P and PNW Family Farmer incentive programs at SFM,which in turn also support local agriculture. WSU EXTENSION Mason County SNAP- Ed Mk_JLAJ&__*_1_46 Continued from previous page... r �� SNAP-Ed To help market visitors make the most of their fresh produce purchases,SNAP-Ed provided a Tomatoes Qwck Garden Tips variety of WSU Fresh from the Farmfruit and vegetable brochures that give tips on selection, storage,and preparation. Gardening resource sheets that aligned with common vegetable ,- plant starts being sold by vendors,SNAP-Ed-sponsored cookbooks,and vegetable-focused recipe cards were also shared. In addition,SNAP-Ed helped support youth engagement at the market when it wasn't the monthly Youth Day sponsored by local Mestizos restaurant. Youth activity pages centered around nutrition and farmers market themes, such as Farmers Market Bingo and Fruit&Vegetable Scavenger Hunt,along with completion incentive stickers were provided. - " COLLABORATION HELPS GROW A SUSTAINABLE GARDEN PROGRAM AT PIONEER SCHOOL DISTRICT SNAP-Ed continued to contribute to the collective efforts of many community partners and volunteers invested in helping build the framework for a sustainable, robust garden program at Pioneer School District. In addition to sharing garden grant opportunities and providing letters of support,SNAP-Ed participated in an organizational partnership meeting in July, led by Tessa Halloran,WSU Extension - Mason County Small Farms&Master Gardener Program Coordinator. Plans were formulated for SNAP-Ed staff to teach a 6-lesson series of nutrition lessons to 3rd grades next fall,which will link what the students are learning in the garden with healthy eating. SNAP-Ed will also coordinate with Pioneer's Food Service department and School Garden Committee to begin implementing a Harvest of the Month(HOTM) program at the Elementary during the upcoming 2023-24 school year, as part of the larger Garden to Cafeteria Project. This will involve preparing a garden-grown item using a recipe that meets the National School Lunch Program nutrition standards. Samples of the recipe will be presented to students for"Adventure Bite"tasting in the cafeteria,along with gathering student input, and recipes will be posted on the school website's"Garden"page for families to access,thus further connecting students' learning activities in the garden with healthy eating habits. Plans also include SNAP-Ed providing monthly printed recipe cards(Leah's Pantry)for Pioneer families, highlighting vegetables being grown by students in the school garden,which can also accompany any excess garden bounty donated to feed the Pioneer community. And come next spring,SNAP-Ed will lend support to the school's . second Plant Give-Away event at the Garden&Games Family Night,where PIONEER PRE-K -8 students perform community service by raising plants that are given away to GAMES � GARDEN help families start gardens of their own at home. SNAP-Ed support will include FAMILY NIGHT gardening tips and fresh produce resource sheets corresponding to the specific seedlings, as well as promotional materials for SNAP-EBT& Market Match T H U R S D A Y, MAY 25 (edible garden seeds and plants eligible)to further bolster families'food security 5:3 0-7:3 0 P M and healthy eating outside of school. FREE DINNER ' FREE PLANTS PRIZES ' ACTIVITIES.' FUN! MasonWSU SNAP-Ed �XnJR • State VT. S1 WSU EXTENSION Summer Report 2023 Mason County r BY THE NUMBERS 2023 'M 1 t; ► � • 22 gauges checked } -!� • 10 not accurate and required adjustment or replacement Food Safety & Preservation • 19 questions Working •r a Hell!Uh Mason County answered PRESSURE GAUGE TESTING QUOTES Pressure canners using a dial gauge need to be tested annually for accuracy before use,and Thank you for replaced if they read high or low by more than two pounds. If the dial gauge is off by less providing this important than two pounds,the canning pressure can be adjusted. Using a pressure gauge testing service (pressure gauge unit,the Mason County WSU Extension office will test dial gauges by appointment.Aside testing), you are from ensuring safe operation of equipment, it's an opportunity to discuss canning methods appreciated." and give up-to-date USDA food safety and preservation guidelines. Shaune G. ANSWER FOOD SAFETY AND PRESERVATION QUESTIONS Provide resident's current up to date research based answers to their home canning questions to reduce risk of food borne illness. Here are some sample questions: • Why is my tuna dark?Why does it have a strong fishy smell?Is it safe to eat? Dial Gauge Testing By Appointment Mon.-Thurs.I -4pm eH.<,o Do I have to use vinegar when canning hot peppers? pe,gaug�..�< i `xr• Dial gaug s orpressureoanners • Why are my peaches dark on top and smell spoiled?Are they safe to eat? should be checked annually for safety. Gauges that are off by morethan two pounds need to be replaced. ' This continues to be a good community resource to ensure proper education on food safety and preservation,especially in today's society where information is everywhere. Lisa DeOffice Manager -7 k Wall Ext . :0 1 Food Safety & Preservation Assistant LisaD@masoncountywa.gov • �r aft State VT. S1 WSU EXTENSION Summer Report 2023 Mason County n BY THE NUMBERS Catalyst Park 2020 2023 • 1 ,300Facebook Master Gardeners followers Cultivating �1.ants, People and Communiti • 119 email newsletter CATALYST PARK subscribers Catalyst is currently at the height of its vegetable • 34 active Master production and our hard-working Master Gardeners Gardener volunteers are donating,on average, 100-200 pounds of produce per week to the Saints' Pantry Food Bank! So far, • 11 incoming Master approximately 815 pounds of produce has been Gardener Trainees Y, = 'x `" _ harvested including carrots, lettuce, kale, zucchini, summer squash, onions,and more. • 95 plant clinic questions answered With our increasingly hot summers,water conservation has been a significant focus for Catalyst Park. Master Gardeners • 81 5 pounds have been mulching beds with straw to improve moisture produce donated to retention in the soil and, inspired by the new irrigation system 9 Saints Pantry Food in the Community Garden,volunteers in the Food Bank Garden i. .: ;� - • Bank decided to install a new, more efficient system there as well. The new system will allow each row to be controlled individually, preventing empty areas from getting watered. In addition, half of the garden now has three irrigation lines per bed,creating better germination rates and allowing for more intensive production of closely-spaced crops. Master Gardener Sybil with fresh picked greens _��c. fir► Continued from previous page... Season extension has been a big topic among the Master Gardeners this year, both in the Food Bank Garden and the Community Garden. Due to our mild winters, it is possible(with a little experimentation)to successfully grow a wide variety of fall and winter crops including broccoli, cabbage, garlic, greens,and root vegetables. If they decide to move forward with growing fall and winter vegetables,volunteers will be planting most of them by the beginning of September so there are enough warm days left for them to grow large enough to survive the cold. CATALYST PARK COMMUNITY GARDEN & 4-H WORKSHOPS In collaboration with Mason County 4-H,the Master Gardeners have put on four workshops for community gardeners and 4-H youth at Catalyst Park Demonstration Garden,all taught by experienced Master Gardeners. In May, Carol Ann Acocks taught on home composting methods k and best practices;June featured Erika Stewart talking about succession planting and thinning ° `•`�` vegetable plants; in July, Mary Dessel instructed participants on insect ID and how to ensure we maintain a healthy garden ecosystem; lastly, in August,Amelia Savinova and Dorothy Skans taught about harvesting and saving seeds.All of these workshops have provided invaluable information for our community gardeners and an insight into the magical world of gardening for our 4-H participants! PIONEER SCHOOL GARDEN Mason County Master Gardeners Laurie Williams and Amelia Savinova have spent the past two years devoted to helping Pioneer School District create a sustainable school gardening program that can serve as an outdoor classroom in addition to providing food for families and the cafeteria.On May 25th,the school hosted an open house event at the garden with snacks, music,a plant giveaway,and a`seed sphere' making station(compost,clay,and wildflower seeds mixed together and formed into _ spheres,then dried and planted). Afterwards,our Master Gardeners were honored in the school's letter to the community: 'Finally,as we come to the end of the school year, there are two people we want to thank-Laurie Williams andAmelia Savinova. These volunteers and Master Gardeners have been instrumental in gathering donations and volunteers to help Pioneer have a beautiful garden. They work tirelessly with all of our students and teachers to share their love ofgardening and outdoor education. They area huge asset and work wonderfully with students and teachers. Thank you,Laurie and Amelia!" Laurie was recently accepted as a speaker for the WSU Master Gardener Advanced Education Conference in Tacoma;this September, she will be speaking on the challenges and successes of the Pioneer School Garden Program in the hopes of connecting with and inspiring many others. For more information on the conference: https://mglearns.mastergardenerfoundation.org/ OfficeMaster Gardener MondayWSU EXTENSION Every AA E-mail: 6 : Mason County IV • C&g JL Ad&__4� AAA11 CONNIE WEST COMMUNITY GARDEN `a Managed by the Shorecrest Beach Club HOA,our Master Gardeners provide advice, n, one-on-one and group mentoring,and garden planning assistance for the Connie West Community Garden.Spearheaded by Master Gardener Amelia Savinova,this garden grows y produce using sustainable gardening methods and offers it up for free to the surrounding community via the on-site"farm stand." r � Participants have also been experimenting with some unique crops, including sweet r potatoes and three different varieties of corn grown in the"three sisters"gardening method.This popular companion planting technique originated with the Haudenosaunee (Ho-deh-no-shaw-nee)People in the Great Lakes region.Squash is planted as a ground cover to shade the roots and reduce weeds;corn is grown as a trellis for beans; and beans provide nitrogen for the corn and squash through their incredible nitrogen-fixing properties. FARMERS MARKET & OFFICE PLANT CLINICS QUOTES Demand on the Plant Clinics at the WSU Extension office has been increasing; our Master Gardeners are receiving significantly more plant samples featuring pest and disease damage `As a neighboring as we enter peak gardening season.A majority of the questions that come in focus on Master Gardener from growing food(21 9,6), increasing plant biodiversity(21 916),and indoor and outdoor landscaping Thurston County, /am (269/6). constantly amazed at In addition to office Plant Clinics, Master Gardener Zach Smith has been leading the way on the dedication and the providing Plant Clinics at the Shelton Farmers Market once per month. Master Gardeners community work Mason have provided educational information,activities,and answered the many questions of County Master market attendees-over 30 so far this summer! Gardeners perform daily, monthly and yearly. 2023 MASTER GARDENER TRAINING Thank you for displaying the best for to the The Mason County Master Gardener Program will be welcoming 11 new trainees this fall!We public, for being are fortunate to be partnering with seven local organizations to provide incoming Master available when they Gardeners with the skills they need to address locally-relevant home gardening topics.The need help, and for training is designed to reflect the statewide Master Garden Program Priorities by focusing on sharing your water conservation,gardening practices for clean water, producing local food,and increasing know/edge." the biodiversity of our landscapes. - WSU Thurston County In addition to other WSU Extension offices,our training partners include Olympic College, Master Gardener Northwest Meadowscapes, Hood Canal Salmon Enhancement Group,the Mason County Noxious Weed Control Program,the Natural Resources Conservation Service, Harmony Hill Retreat Center,and the National Pesticide Information Center. GardenerMaster Office MondayWSU EXTENSION Every . : 11*� Mason County E-mail: • ��niv' -",,Washin ton State VT. s 1 aft 'M 49WSU EXTENSION Summer Report 2023 14 Mason County BY THE NUMBERS 1 - 2023 • 192lnstagram followers • 146 Facebook followers Small Farms 0 406 contacts Supporting Local Agriculture and Natural Resources 60 email newsletter subscribers CULTIVATING SUCCESSTM WHOLE FARM PLANNING This online course walks participants through the step-by-step process of creating a well thought out plan for their land, life,and QUOTES farm business.Whether participants already have an existing operation or are just exploring available opportunities,theywill `%was very impressed , be able to explore topics such as land access, sustainable crop with the speaker and the pp"p—: production, management of soil, pastures,and pests,and much presentations and the CULTIVATING" more with WSU Extension experts. Class participants will also be expertise." S U C C E S S given access to farmer panels,discussion groups,and regional "This gave us a better events. understanding of This fall the course will run from September 25th to December 4th; live Spanish systems, maintenance, interpretation and facilitation is offered statewide,and scholarships are available for Military and landscaping. We're Veterans and anyone for whom the course fee is a barrier. brand new at this." To learn more or register,go to: https://www.cultivatingsuccesswa.org/whole-farm- -Septic Workshop planning participants HalloranTessa •rking with Mason County • • fosterSmall Farms Coordinator profitable family farms, • and water 682 _ r i BE SEPTIC SMART WORKSHOPS Join us: The Small Farms Program and Mason County Public Health&Human Services hosted their first BeseP.,csa't.,'Or`5!'oP5^ in-person septic system workshop since the COVID-19 pandemic.Tessa Halloran,Small Farms Program Coordinator, provided a presentation on different types of septic systems, how they function, basic maintenance,and best landscaping practices. Rhonda Thompson, Environmental Health Specialist, provided a presentation on local resources and financial assistance.Attendees received their as-builts as well as other useful maintenance and financial aid resources.There were aE,�a 35 participants; a majority were from Shelton(26%)and Union(200/6), but more than seven cities in ...,;. IZO „o.o.,. Mason County were represented. The next`Be Septic Smart'will occur on October 12th as a virtual lunch n' learn from 12PM-1:30PM;there are already 25 participants registered. To learn more or register,go to: https://besepticsmartmasoncounty.eventbrite.com SKOKOMISH VALLEY FARMS FIELD TRIPS From May 24th through 26th,Tessa Halloran,Small Farms Program Coordinator,was invited out to Skokomish Valley Farms with the Mason Conservation District to assist with youth field trips. Over three days, 300 eighth graders from the Shelton School District visited the farm to directly apply their in-class lessons and learn about agricultural career options. Students were first brought into the chicken pens to learn about egg production and poultry care;they were able to collect fresh eggs and even catch chickens(which was a favorite activity).After that,the group was split into two rotations:egg washing and packing and vegetable production.One of the owners of Skokomish Valley Farms led the egg washing section while Tessa led students through the hoop houses and fields used for vegetable production. Lastly, students were able to feed and interact with the farm's sheep. This series of field trips is part of the Mason County Partnership's effort to provide outdoor learning opportunities to K-12 students in Mason County. In addition to the Mason Conservation District and WSU Extension, partners include Pacific Education Institute, Pacific Shellfish Institute,Capitol Land Trust, Puget Sound Estuarium,South Puget Sound Salmon Enhancement Group,and PUD#3. Working •n County communityto fosterWSU EXTENSION profitable • and water steward- Mason County ship, and access to healthy food. Mk- GREENSTEM SUMMIT Onjune 9th, Tessa Halloran, Small Farms Program Coordinator, participated in the annual GreenSTEM Summit put on by the Hood Canal Salmon Enhancement Group (HCSEG) at the Salmon "• Center in Belfair. In total, 56 youth participants from Mason County schools completed soil texturing activities and discussed the importance of soils in filtering water, providing nutrients for plants, providing structure for our buildings, and more! NORTHWEST YOUTH CORPS Tessa Halloran, Small Farms Program Coordinator, was asked by Capitol Land Trust (CLT) to give a presentation for the Northwest Youth Corps team that was out working at Twin Rivers Ranch on July 18th. All of the participants are in high school and applying to colleges, and many are interested in natural resource and agricultural career paths. CLT recruited professionals for a series of lunch-hour talks intended to give them an insight into how they might progress in a related career path. Tessa's talk provided an overview of her career and led them through a plant drawing activity of our many native berry-producing trees and shrubs. This was followed by a discussion of the differences they noticed and how many of those plants or their relatives have been cultivated into economically significant commercial crops for Washington State. A�� Quotes `l had a blast drawing plants with you. You have a perfect balance of being calm and cool while also educational. Thank you. "Thank you so much for your time and willingness to answer my many questions. Your current and past T., io jobs are extremely interesting to me and/can't wait to talk to you more." - Capital Land Trust NW Youth Corp participants GardenerMaster Office WSU EXTENSION Every Mas • • Monday • • : deneremasonmastergargmail.com 1854 BY THE NUMBERS 2023 Noxious Weed Program • 43 Parcels received control _ Mason County • • - . Control Board services by the program COORDINATOR'S UPDATE 1• 0.28 Solid acres of Noxious weeds staff have been trudging along priority waterways in Mason County knotweed treated surveying and controlling knotweed,a riparian noxious weed that degrades wildlife habitat. • 20 One-on-one In addition,we have continued our work in the Olympic National Forest controlling noxious site visits and/or weeds in rock pits, campgrounds, botanically significant sites, etc. consultations • 4 Letters re: Our program has also continued our education and outreach efforts. I facilitated an aquatic required for control noxious weeds workshop for six WA State Department of Transportation wetland monitoring noxious weed interns who survey wetlands across Washington State.These interns act as early detectors of species noxious weed infestations. I participated in the Northwest Youth Fly Fishing Academy • 7 Noxious weed summer camp at Panhandle Lake and taught fifteen young students about aquatic noxious classes, workshops, weeds.Staff also participated in the Shelton Rock and Mineral Society's tailgate rock sale, and open houses which is surprisingly an amazing event for outreach.We hope to continue this partnership • 5 Tabling events given how successful our booth was. • 47 Weed wrench With such a full schedule, I'm so happy to have our new noxious weed inspector, Sam Lanz, rentals join us for the season! His knowledge and expertise regarding natural resource conservation work has been a big help to our program. I' A, �r NOXIOUS WEEDS OSMS6E _RESOURCES 1 l Kela Hall-Wieckert Responsible for nomous weecls that are • Coordinator Ext. 592 impacting our county resources,including agriculture, • • •• • ration'M ' • • • • • • • 1. `i 4 NOXIOUS WEED OF THE MONTH While surveying for noxious weeds, staff discovered a large infestation of purple i loosestrife(Lythrum sa/icaria) in a wetland near Shelton.This Class B-Designate noxious weed can seriously degrade wildlife habitat,and we are exploring management options for this site. Our new noxious weed alert on our website gives management recommendations for controlling purple loosestrife. Purple Loosestrife Yy� (((��� IEenllhulon Tl/, HpWt,d Cb,./Mou.0 .. +..ri�.r rr• re...a..w..rww. Mr.....Mrer.w.r.r Purple loosestrifetall andshowy, purple / magentaflowersclustered / aaawn�.. an upright spike. (middle)Staff found evidence of loosestrife beetle damage on plants at Traits End Lake.Plants at the lake are scra ly and small,signs of a successful 99 .✓.w..r........r...r.. �r.....w.rw biocontrol release! / Mason / Noxious -/ Control Program's ww.no.w.u.wwr w/ purple loosestrife weed alert. CONTINUED FUNDING The Mason County Noxious Weed Control Program received funding from Washington State Department of Agriculture to continue control of knotweed along priority creeks in Mason County.Two other organizations in Mason County also receive funding to control knotweed, including the Mason Conservation District and Hood Canal Salmon Enhancement Group. Between the three organizations, knotweed is prioritized for control along creeks and rivers throughout Mason County that host salmon and other wildlife. SUMMER HIGHLIGHT On June 19th, Noxious Weed Coordinator Kela Hall-Wieckert spoke with fifteen young 121 `•; 4 r�Qr1 anglers at the Northwest Youth Fly Fishing Academy's summer camp at Panhandle Lake.The students went on a plant walk and identified flagged plants, including a mix of native and non-native s.w vegetation.Together groups of three to four used field guides to identify plants and noted site and community characteristics. r A,4- Afterwards, students participated in a discussion regarding the '1` impacts of aquatic noxious weeds,and how to prevent the spread while recreating and fishing. availableWe am 1 help landowners and land managersWSU EXTENSION 41��64 / • / and resources to deal 11111 Mason County 14 with invasive,non-native plant • ' M r Quotes SUMMER NOXIOUS WEED CONTROL "We appreciate the amount Staff have completed knotweed control on the upper reaches of Mission and Stimson Creek of work and time you put near Belfair.The program's ongoing efforts are paying off,with increase native vegetation into making your along the banks and significantly reduced knotweed stands.We continue to acquire new presentation (..)It was permissions from landowners.Some landowners are hesitant regarding the use of very informative and herbicide on noxious weeds,and we hope to continue dialogue with those who have not provided a great overview yet given us permission to control knotweed. of this noxious weed (scotch broom). Your passion for your line of work is excellent. Thank you, again!„ _+1 �- Environment Committee of ,. Alderbrook Golf& Yacht ` Club "Thank you so much for "x joining my interns and/at Theler yesterday. They had a great time and learned a lot(as did/- hotspot for hanging sedge l W000aah nelly). Hope to work together more in the future!" HCSEG Education & Outreach Coordinator "Thank you for your ON THE HORIZON thorough reply. Canada - We are starting to plan our display for our table at Thistle is new to me, so t „, 1:-duswerd Oyster Festival,which will be October Th and 8th. the PDF is really helpful. l Information This is another event that garners much interest would love to schedule a from Mason County community members as well as site visit with you and � ;''_1 tourists from across Washington. It is a great 11Z° r work on a management `; ,r �,.:-,, opportunity to get the word out about noxious plan." ,; weeds and their impacts! Local Farm Manager availableWe am 1 help landowners and land managers • • / • / • 1 1 deal with invasive,non-native p' M C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Corrections Division Ext. 369 Department: Sheriffs Office Briefing: ❑ Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 25,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ 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• Jail Staffing Crisis Background/Executive Summary: Jail staffing continues to be problematic and has turned into a crisis. Shifts are going uncovered,patrol deputies are working the Jail,and administration staff are covering on a regular basis. This has caused an unsurmountable amount of overtime being worked to the point staff do not answer their phones on their days off. There are 25 funded Corrections Deputy positions and two Community Service Officers who count toward the Jail minimum staffing levels. Currently,there are seven vacant Corrections Deputy positions and one vacant Community Service Officer position. Three more Deputies are expected to vacate their positions for 8-12 weeks each in the next few months,which will leave the Jail without the necessary staff resources to cover shifts. Until more employees can be hired on,the Jail is strategizing how to run the facility safely and constitutionally while keeping the community safe,with severely reduced staffing. The request is for funding to outsource 20 inmates to other facilities. With the reduced prisoner population,the Jail anticipates being able to reduce the staffing requirements from 27 FTE to 18.6 FTE by reducing the minimum staffing levels from four Deputies between the hours of 0600-2200 to three Deputies. The recently adopted contract with Lewis County is still on record,but Lewis County is on booking restrictions due to staffing as well and is not accepting outsourced inmates. The Jail is in the final stages of working contracts with Nisqually and Chehalis Tribal jails who have both expressed interest in housing prisoners. Budget Impact(amount, funding source,budget amendment): Salary savings from the vacant funded 2023 positions will equate to around$600,000. Outsourcing 20 inmates will cost approximately$51,000 a month or$612,000 annually. C Mason County Agenda Request Form Y /A t! Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval to fund outsourcing up to 20 inmates to other jails. Attachments C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Paddy McGuire&Kayla Henley Ext.296 Department: Superior Court Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 25,2023 Agenda Date: October 10,2023 Internal Review: ❑X Finance ❑ Human Resources ® 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• Criminal Justice Treatment Account Plan and 2023-2025 Contract Background/Executive Summary: The Criminal Justice Treatment Account(CJTA)Panel has approved a plan to continue to utilize CJTA funds allocated to Mason County to support Therapeutic Courts. The 2023-2025 contract for Washington State Health Care Authority and Mason County to provide CJTA funds to provide treatment and recovery support services to individuals involved in the criminal justice system in accordance with RCW 71.24.580. Budget Impact(amount, funding source,budget amendment): The July 2023-July 2025 contract allocates$91,475 for services rendered between July 1,2023 and June 30, 2024 and$91,475 for services rendered between July 1,2024 and June 30,2025. This is a total of$182,950. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Criminal Justice Treatment Account(CJTA)Plan and the 2023-2025 CJTA Funded Treatment and Recovery Support Services contract in the amount of$182,950. Attachments CJTA Plan Contract Mason County Criminal Justice Treatment Account Strategic Plan July 2023-July 2025 "Criminal Justice Treatment Account" or "CJTA" means the account created by Washington State Legislature that may be expended solely for: substance use disorder treatment and treatment support services for individuals with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington State (RCW 71.24.580). This plan has been prepared in response to guidelines for the submittal of Criminal Justice Treatment Account (CJTA) plans and services as required by RCW 71.24.580(6). The plan shall be approved by the county legislative authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of this section, for disposition of all the funds provided from the CJTA within that county. I. Criminal Justice Treatment Account (CJTA) Funds 2023-2025 The July 2023-July 2025 contract for Mason County allocates $91,475.00 for services rendered between July 1, 2023 and June 30, 2024 and $91,475.00 for services rendered between July 1, 2024 and June 30, 2025. II. Program Description The Plan for 2023-2025 continues to support the Mason County Superior Court Therapeutic Court programs. These programs include Drug Court, Veteran's Court, and Mental Health Court. Each program is a voluntary post-plea, court-supervised, comprehensive treatment program for individuals with non-violent charges. Successful completion of the program results in the criminal charge(s) being dismissed. The Plan includes reimbursement of services not covered by insurance and evidence-based recovery support as noted in the following: a) Brief Intervention (any level, assessment not required); b) Acute Withdrawal Management (ASAM Level 3.7WM); c) Sub-Acute Withdrawal Management (ASAM Level 3.2WM); d) Outpatient Treatment (ASAM Level 1); e) Intensive Outpatient Treatment (ASAM Level 2.1); f) Opioid Treatment Program (ASAM Level 1); g) Case Management (ASAM Level 1.2); h) Intensive Inpatient Residential Treatment (ASAM Level 3.5); i) Long-term Care Residential Treatment (ASAM Level 3.3); j) Recovery House Residential Treatment (ASAM Level 3.1); k) Assessment (to include Assessments done while in jail); 1) Interim Services; m) Community Outreach; n) Involuntary Commitment Investigations and Treatment; o) Room and Board (Residential Treatment Only); p) Transportation; (Limited to 10% of assistance combined with childcare services) q) Childcare Services; (Limited to 10% of assistance combined with transportation) r) Urinalysis; s) Recovery Support Services that may include: 1. Employment services and job training; 2. Relapse prevention; 3. Family/marriage education; 4. Peer-to-peer services, mentoring and coaching; 5. Self-help and spiritual, religious support groups; 6. Housing support services (rent and/or deposits); 7. Life skills; 8. Education Training (e.g. GED Assistance); and 9. Parent education and child development. III. Criminal Justice Treatment Account Innovative Project- 30% At a minimum, thirty percent (30%) of the CJTA funds are to be dedicated to special projects that meet any or all of the following conditions: i. An acknowledged best practice (or treatment strategy) that can be documented in published research; ii. An approach utilizing either traditional or best practice approaches to treat significant underserved population(s) and populations who are disproportionately affected by the criminal justice system; iii. A regional project conducted in partnership with at least one other entity serving the service area; and/or iv. CJTA Special Projects. HCA retains the right to request progress reports on CJTA special projects. The Superior Court Therapeutic Court Programs propose to utilize at least 30% of the CJTA funds to support Moral Reconation Therapy (MRT) and contingency management within the Superior Court Therapeutic Courts. Moral Reconation Therapy (MRT) is a highly structured cognitive-behavioral treatment strategy that focuses on changing the thinking (beliefs) and behaviors that lead to problems of substance use disorder, relationship difficulties, and criminal behavior. MRT significantly raises moral reasoning levels, helps the participant set goals, and develops positive personal qualities. MRT helps redirect decision-making to "do the right thing because it is the right thing to do." MRT creates a language the entire team can use when working with an individual, building on the strength of therapeutic interventions. Contingency management is an evidence-based intervention for substance use that can reinforce extrinsic motivation. It uses external motivators or reinforcers (e.g., expectation of a reward or negative consequence) to enhance behavior change. When utilized in conjunction with interventions that emphasize intrinsic motivation, analysis shows a reduction in substance use and long-term treatment effects. IV. Measurable Goals and Objectives The goal of the Superior Court Therapeutic Court Programs is to address substance use and/or mental health issues that contribute to criminal behavior in order to reduce criminal activity while also reducing the burden and costs of repeatedly processing offenders through the county's courts and jail. These goals will be measured through tracking referral, admittance, graduation, termination, and recidivism rates. These numbers will be tracked from July 1, 2023 and June 30, 2024 and July 1, 2024 and June 30, 2025. The rates will be presented to the CJTA panel following the end of each year of tracking. V. Account Match CJTA funds are intended to supplement and not supplant local funding. Services for Therapeutic Court participants will primarily be supported with Treatment Sales Tax funds, with CJTA dollars supplementing that program as needed when county funds are insufficient. CJTA funding will be maximized through the use of the Medicaid Title XIX system for Medicaid-eligible individuals. All organizations receiving CJTA funding will be required to submit appropriate monthly invoicing documentation for services provided and will undergo a quarterly utilization review. Funding utilization will be reviewed, and funds reallocated as necessary each quarter to ensure all CJTA funds are spent. Dated this day of 12023. Mason County CJTA Panel Representative Signature Dated this day of 12023 Board of Mason County Commissioners PROFESSIONAL SERVICES HCA Contract Number: K7098 Washington State CONTRACT for Contractor/Vendor Contract Number: Health CarekUthority CJTA Funded Treatment and Recovery Support Services THIS CONTRACT is made by and between the Washington State Health Care Authority, (HCA) and Mason County, (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Mason County CONTRACTOR ADDRESS Street City State Zip Code 419 N 41h Street Shelton WA 98584 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Kayla Henley (360)427-9670 ext. 296 KHenley(aD_masoncountywa.gov Is Contractor a Subrecipient under this Contract? ❑YES ®NO HCA PROGRAM HCA DIVISION/SECTION Criminal Justice Treatment Account—State Appropriations DBHR/SUD HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Zach Lynch, Criminal Justice Treatment Account Manager Health Care Authority 626 8th Avenue SE Olympia, WA 98504 HCA CONTACT TELEPHONE HCA CONTACT E-MAIL ADDRESS (360) 725-9992 zach.lynch(a0ca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2023 June 30, 2025 $182,950.00 PURPOSE OF CONTRACT: Contractor to provide Criminal Justice Treatment Account funds to provide treatment and recovery support services to individuals involved in the criminal justice system in accordance with RCW 71.24.580. The parties signing below warrant that they have read and understand this Contract and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by both parties. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Rev 5/6/2019 TABLE OF CONTENTS 1. Statement of Work (SOW)............................................................................................................4 2. Definitions ....................................................................................................................................4 3. Special Terms and Conditions....................................................................................................7 3.1 Performance Expectations ....................................................................................................7 3.2 Term......................................................................................................................................7 3.3 Compensation.......................................................................................................................8 3.4 Revenue and Expenditure Payment......................................................................................9 3.5 Contractor and HCA Contract Managers...............................................................................9 3.6 Legal Notices ......................................................................................................................10 3.7 Incorporation of Documents and Order of Precedence........................................................11 3.8 Insurance ............................................................................................................................11 4. General Terms and Conditions.................................................................................................12 4.1 Access to Data....................................................................................................................12 4.2 Accessibility.........................................................................................................................12 4.3 Advance Payment Prohibited ..............................................................................................13 4.4 Amendments.......................................................................................................................14 4.5 Assignment .........................................................................................................................14 4.6 Attorneys' Fees ...................................................................................................................14 4.7 Change in Status.................................................................................................................14 4.8 Conflict of Interest ...............................................................................................................14 4.9 Conformance.......................................................................................................................15 4.10 Covered Information Protection...........................................................................................15 4.11 Contractor's Proprietary Information....................................................................................16 4.12 Covenant Against Contingent Fees.....................................................................................16 4.13 Debarment ..........................................................................................................................16 4.14 Disputes..............................................................................................................................16 4.15 Entire Agreement ................................................................................................................17 4.16 Force Majeure.....................................................................................................................17 4.17 Funding withdrawn, Reduced, or Limited.............................................................................17 4.18 Governing Law....................................................................................................................18 4.19 HCA Network Security.........................................................................................................18 4.20 Indemnification....................................................................................................................19 4.21 Independent Capacity of the Contractor..............................................................................19 4.22 Legal and Regulatory Compliance.......................................................................................19 4.23 Limitation of Authority..........................................................................................................19 4.24 No Third-Party Beneficiaries................................................................................................20 Washington State 2 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.25 Nondiscrimination................................................................................................................20 4.26 Overpayments to the Contractor..........................................................................................20 4.27 Pay Equity...........................................................................................................................20 4.28 Publicity...............................................................................................................................21 4.29 Records and Document Review ..........................................................................................21 4.30 Remedies Non-Exclusive ....................................................................................................22 4.31 Right of Inspection...............................................................................................................22 4.32 Rights in Data/Ownership....................................................................................................22 4.33 Severability..........................................................................................................................23 4.34 Site Security........................................................................................................................23 4.35 Subcontracting ....................................................................................................................23 4.36 Survival ...............................................................................................................................24 4.37 Taxes..................................................................................................................................24 4.38 Termination .........................................................................................................................24 4.39 Termination Procedures......................................................................................................26 4.40 Transition Obligations..........................................................................................................27 4.41 Treatment of Assets ............................................................................................................27 4.42 Waiver.................................................................................................................................28 4.43 Warranties...........................................................................................................................28 ScheduleA: Statement of Work........................................................................................................34 Schedule B: Data Share Agreement.................................................................................................45 Attachment 2: Quarterly Progress Report Template..................................................................676768 Attachment 3: Quarterly Revenue and Expenditure Report Template.......................................707071 Washington State 3 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW) The Contractor will provide the services and staff as described in Schedule A: Statement of Work. 2. DEFINITIONS "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. "Authorized User" means an individual or individuals with an authorized business need to access HCA's Confidential Information under this Contract. "Business Associate" means a Business Associate as defined in 45 C.F.R. § 160.103, who performs or assists in the performance of an activity for or on behalf of HCA, a Covered Entity, that involves the use or Disclosure of Protected Health Information (PHI). Any reference to Business Associate in this Contract includes Business Associate's employees, agents, officers, Subcontractors, third party contractors, volunteers, or directors. "Business Days" means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. "C.F.R." means the Code of Federal Regulations. All references in this Contract to C.F.R. chapters or sections include any successor, amended, or replacement regulation. The C.F.R. may be accessed at http://www.ec.F.R..gov/cqi-bin/EC.F.R.?page=browse. "Client" means an individual who is eligible for or receiving services through HCA program(s). "Confidential Information" means information that is exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or other federal or state laws. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security infomration. "Contract" means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. "Contract Administrator" means the HCA individual designated to receive legal notices and to administer, amend, or terminate this Contract. Washington State 4 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 "Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the activities conducted under this Contract. "Contractor" means Mason County, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. "Covered Entity" means a health plan, a health care clearinghouse or a health care provider who transmits any health information in electronic form to carry out financial or adminstrative activities to health care as defined in 45 C.F.R. 160.103. "Data" means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. "Disclosure" means the release, transfer, provision of, access to, or divulging in any other manner of information outside the entity holding the information. "Effective Date" means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. "Electronic Protected Health Information" or "ePHI" means Protected Health Information that is transmitted by electronic media or maintained in any medium described in the definition of electronic media at 45 C.F.R. § 160.103. "HCA Contract Manager" means the individual identified on the cover page of this Contract who will provide oversight of the Contractor's activities conducted under this Contract. "Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104- 191, as amended by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400 — 13424, H.R. 1 (2009) (HITECH Act). HIPAA inlcudes the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Part 160 and Part 164. "Individual(s)" means the person(s)who is the subject of PHI and includes a person who qualifies as a personal representative in accordance with 45 C.F.R. § 164.502(g). "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, Washington State 5 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 use or receipt of governmental services or other activities, addresses (including or excluding zip code), telephone numbers, social security numbers, driver's license numbers, credit card numbers, any other identifying numbers, and any financial identifiers. "Proprietary Information" refers to any information which has commercial value and is either: (1) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services; or (2) non- technical information relating to products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans, and any other information which is proprietary and confidential. Contractor's Proprietary Information is information owned by Contractor to which Contractor claims a protectable interest under law. "Protected Health Information" or "PHI" means information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present or future payment for provision of health care to an individual. 45 C.F.R. 160 and 164. PHI includes demographic information that identifies the individual or about which there is reasonable basis to believe, can be used to identify the individual. 45 C.F.R. 160.103. PHI is information transmitted, maintained, or stored in any form or medium. 45 C.F.R. 164.501. PHI does not include education records covered by the Family Educational Right and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv).. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: .http://apps.leg.wa.gov/rcw/. "Regulation" means any federal, state, or local regulation, rule, or ordinance. "State Fiscal Quarter" means quarterly periods of January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is Attachment 3 hereto. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform any duties that give rise to a business requirement to access the Data that is the subject of this Contract. "Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. Washington State 6 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 "USC" means the United States Code. All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at http://uscode.house.gov/ "WAC" means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/. 3. SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following: 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of contract; 3.1.2 Use of professional judgment; 3.1.3 Collaboration with HCA staff in Contractor's conduct of the services; 3.1.4 Conformance with HCA directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; and 3.1.7 Provision of high-quality services. HCA will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold allocation of funding if expectations are not met or Contractor's performance is unsatisfactory. 3.2 TERM 3.2.1 The initial term of the Contract will commence on July 1, 2023, and continue through June 30, 2025, unless terminated sooner as provided herein. 3.2.2 This Contract may be extended by mutually agreed amendment in whatever time increments HCA deems appropriate. No change in terms and conditions will be permitted during these extensions unless specifically agreed to in writing. 3.2.3 Work performed without a contract or amendment signed by the authorized representatives of both parties will be at the sole risk of the Contractor. HCA will not pay any costs incurred before a contract or any subsequent amendment(s) is fully executed. Washington State 7 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 3.3 COMPENSATION 3.3.1 The parties have determined the cost of accomplishing the work herein will not exceed $182,950.00, inclusive of all fees, taxes, and expenses. The Maximum Compensation includes $182,950.00 CJTA funding and $0.00 State Drug Court funding. Compensation for satisfactory performance of the work will not exceed this amount unless the parties agree to a higher amount through an amendment. 3.3.2 Contractor's compensation for services rendered will be based on the deliverables table in Schedule A, Statement of Work. 3.3.3 Day-to-day expenses related to performance under the Contract, including but not limited to travel, lodging, meals, and incidentals, will not be reimbursed to Contractor. 3.3.4 Source of Funds. The above Maximum Compensation payable under this Contract is based on the funding from the following sources: a) 100% is allocated under this Contract from Washington state CJTA appropriations. b) Funding Stipulations: i. No Federal Match. The Contractor shall not use funds payable under this Contract as match toward federal funds. ii. Supplanting. The Contractor must use these funds to supplement, not supplant, the amount of federal, state and local funds otherwise expended or services provided under this Contract. iii. Prohibition of Use of Funds for Lobbying Activities. The Contractor must not use funds payable under this 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 a 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. iv. Per RCW 71.24.580(11), the HCA is required to reclaim any unspent allocations each state fiscal year. Washington State 8 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 3.4 REVENUE AND EXPENDITURE PAYMENT 3.4.1 Contractor must submit accurate and complete Revenue and Expenditure Reports for all amounts allocated by HCA via email to the HCA Contract Manager, identified in Section 3.5.3. Contractor must include the County name in the subject line of the email and the title of the Report attachment. 3.4.2 Revenue and Expenditure Reports must provide a detailed breakdown of each type. All Revenue and Expenditure Reports will be reviewed and must be approved by the HCA Contract Manager or his/her designee prior to ongoing payment. 3.4.3 HCA will return incorrect or incomplete Revenue and Expenditure Reports to the Contractor for correction and reissue. HCA reserves the right to request any supplemental documentation related to the information contained in the Revenue and Expenditure Report, including applicable invoices between the Contractor and their subcontractor. 3.4.4 In order to receive payment for services or products provided to a state agency, Contractor must register with the Statewide Payee Desk at https:Hofm.wa.gov/it- systems/statewide-vendorpayee-services/receiving-payment-state. Payment will be directly deposited in the bank account or sent to the address Contractor. 3.4.5 Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to HCA within sixty (60) calendar days after the Contract expiration date. HCA is under no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the Contract expiration date ("Belated Claims"). HCA will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.5 CONTRACTOR AND HCA CONTRACT MANAGERS 3.5.1 Contractor's Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the HCA Contract Manager for all business matters, performance matters, and administrative activities. 3.5.2 HCA's Contract Manager is responsible for monitoring the Contractor's performance and will be the contact person for all communications regarding contract performance and deliverables. The HCA Contract Manager has the authority to accept or reject the services provided and must approve Contractor's Revenue and Expenditure Reports prior to subsequent payment(s). 3.5.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. Washington State 9 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 CONTRACTOR Health Care Authority Contract Manager Information Contract Manager Information Name: Kayla Henley Name: Zach Lynch Title: Title: Criminal Justice Treatment Account Manager 419 N. 4th Street 626 8' Avenue SE Address: Address: Shelton, WA 98584 Olympia, WA 98504 Phone: (360) 427-9670 ext. 296 Phone: (360) 725-9992 Email: KHenley(a)-masoncountywa.gov Email: zach.lynch(a-)-hca.wa.gov 3.6 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Contract or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person, via email, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses provided in this section. 3.6.1 In the case of notice to the Contractor: Mason County 419 N. 41h Street Shelton, WA 98584 3.6.2 In the case of notice to HCA: Attention: Contracts Administrator Health Care Authority Division of Legal Services Post Office Box 42702 Olympia, WA 98504-2702 contracts(a_hca.wa.gov 3.6.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever is earlier. 3.6.4 The notice address and information provided above may be changed by written notice of the change given as provided above. Washington State 10 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 3.7 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: 3.7.1 Applicable Federal and State of Washington statutes and regulations; 3.7.2 Recitals; 3.7.3 Special Terms and Conditions; 3.7.4 General Terms and Conditions; 3.7.5 Schedule B: Data Share Agreement; 3.7.6 Attachment 1: Confidential Information Security Requirements; 3.7.7 Schedule A(s): Statement(s) of Work; 3.7.8 Attachment 2: Quarterly Progress Report Template; 3.7.9 Attachment 3: Quarterly Revenue and Expenditure Report Template; and 3.7.10 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3.8 INSURANCE Contractor must provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. Contractor must provide insurance coverage that is maintained in full force and effect during the term of this Contract, as follows: 3.8.1 Commercial General Liability Insurance Policy - Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1 million per occurrence/$2 million general aggregate. Additionally, Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of Subcontracts. 3.8.2 Business Automobile Liability. In the event that services delivered pursuant to this Contract involve the use of vehicles, either owned, hired, or non-owned by the Contractor, automobile liability insurance is required covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability. The minimum limit for automobile liability is $1,000,000 per Washington State 11 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 occurrence, using a Combined Single Limit for bodily injury and property damage. 3.8.3 Professional Liability Errors and Omissions — Provide a policy with coverage of not less than $1 million per claim/$2 million general aggregate. 3.8.4 Industrial Insurance Coverage Prior to performing work under this Contract, Contractor must provide or purchase industrial insurance coverage for the Contractor's employees, as may be required of an "employer" as defined in Title 51 RCW and must maintain full compliance with Title 51 RCW during the course of this Contract. 3.8.5 The insurance required must be issued by an insurance company/ies authorized to do business within the state of Washington, and must name HCA and the state of Washington, its agents and employees as additional insureds under any Commercial General and/or Business Automobile Liability policy/ies. All policies must be primary to any other valid and collectable insurance. In the event of cancellation, non-renewal, revocation or other termination of any insurance coverage required by this Contract, Contractor must provide written notice of such to HCA within one (1) Business Day of Contractor's receipt of such notice. Failure to buy and maintain the required insurance may, at HCA's sole option, result in this Contract's termination. 3.8.6 Upon request, Contractor must submit to HCA a certificate of insurance that outlines the coverage and limits defined in the Insurance section. If a certificate of insurance is requested, Contractor must submit renewal certificates as appropriate during the term of the contract. 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide access to any data generated under this Contract to HCA, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. 4.2 ACCESSIBILITY 4.2.1 REQUIREMENTS AND STANDARDS. Each Information and Communication Technology (ICT) product or service furnished under this Contract shall be accessible to and usable by individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and other applicable Federal and State Washington State 12 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 laws and policies, including OCIO Policy 188, et seq. For purposes of this clause, Contractor shall be considered in compliance with the ADA and other applicable Federal and State laws if it satisfies the requirements (including exceptions) specified in the regulations implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria. 4.2.2 DOCUMENTATION. Contractor shall maintain and retain, subject to review by HCA, full documentation of the measures taken to ensure compliance with the applicable requirements and functional performance criteria, including records of any testing or simulations conducted. 4.2.3 REMEDIATION. If Contractor claims that its products or services satisfy the applicable requirements and standards specified in Section 4.2.1 and it is later determined by HCA that any furnished product or service is not in compliance with such requirements and standards, HCA will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost to HCA, repair or replace the non-compliant products or services within the period specified by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the Contract, delivery, task order, or work order, or purchase line item without termination liabilities or have any necessary changes made or repairs performed by employees of HCA or by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby. 4.2.4 DEFINITION. Information and Communication Technology (ICT) means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples include computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; websites; videos; and electronic documents. 4.2.5 INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim arising out of failure to comply with the aforesaid requirements. 4.3 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. Washington State 13 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.4 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4.5 ASSIGNMENT 4.5.1 Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 4.35^.� �§4.36, Subcontracting, without the prior written consent of HCA. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to HCA that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 4.5.1 of the Contract will be null and void. 4.5.2 HCA may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30) calendar days to Contractor. 4.5.3 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 4.6 ATTORNEYS' FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys' fees and costs. 4.7 CHANGE IN STATUS In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify HCA of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.8 CONFLICT OF INTEREST Contractor represents and warrants that it has not undertaken and will not undertake any work with third parties that will conflict with the work Contractor Is performing for HCA under this Contract. In case of doubt, before commencing such activities, Contractor shall review areas of possible conflict with HCA and obtain HCA's approval prior to commencing such activities. Washington State 14 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.9 CONFORMANCE If any provision of this Contract is in conflict with or violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 4.10 COVERED INFORMATION PROTECTION 4.10.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of HCA Proprietary Information or Confidential Information. Contractor agrees to comply with the requirements of Schedule B: Data Share Agreement. For the purposes of this section, HCA Proprietary Information and Confidential Information are together referred to as Covered Information. 4.10.2 Nondisclosure and Non-Use Obligations. In the event of Disclosure of Covered Information to Contractor by HCA, Contractor agrees to: (1) hold Covered Information in strictest confidence and to take all reasonable precautions to protect such Covered Information (including, without limitation, all precautions the Contractor employs with respect to its own confidential materials); (2) not disclose any such Covered Information or any other information derived therefrom to any third party; (3) not make use of Covered Information for any purpose other than the performance of this Contract; (4) release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract; and (5) not release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without HCA's express written consent or as provided by law. 4.10.3 Contractors that come into contact with Protected Health Information may be required to enter into a Business Associate Agreement with HCA in compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400 — 13424, H.R. 1 (2009) (HITECH Act) (HIPAA). 4.10.4 HCA reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 4.10.5 The obligations set forth in this Section will survive completion, cancellation, expiration, or termination of this Contract. Washington State 15 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.11 CONTRACTOR'S PROPRIETARY INFORMATION Contractor acknowledges that HCA is subject to chapter 42.56 RCW, the Public Records Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, HCA will maintain the confidentiality of Contractor's information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary Information, HCA will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, HCA will release the requested information on the date specified. 4.12 COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. HCA will have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 4.13 DEBARMENT By signing this Contract, Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Contractor agrees to include the above requirement in any and all Subcontracts into which it enters, and also agrees that it will not employ debarred individuals. Contractor must immediately notify HCA if, during the term of this Contract, Contractor becomes debarred. HCA may immediately terminate this Contract by providing Contractor written notice, if Contractor becomes debarred during the term hereof. 4.14 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between HCA and the Contractor regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties' Contract Managers, either party may initiate the following dispute resolution process. Washington State 16 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.14.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the HCA Director review the dispute. Any such request from the initiating party must be submitted in writing to the HCA Director within five (5) Business Days after receiving the response of the responding party. The HCA Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The HCA Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.14.2 A party's request for a dispute resolution must: A. Be in writing; B. Include a written description of the dispute; C. State the relative positions of the parties and the remedy sought; and D. State the Contract Number and the names and contact information for the parties. 4.14.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. 4.15 ENTIRE AGREEMENT HCA and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 4.434.^�5, Warranties. 4.16 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 4.17 FUNDING WITHDRAWN, REDUCED, OR LIMITED If HCA determines in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions Washington State 17 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then HCA, at its sole discretion, may: 4.17.1 Terminate this Contract pursuant to Section 4.38.34.38�.3, Termination for Non-Allocation of Funds; 4.17.2 Renegotiate the Contract under the revised funding conditions; or 4.17.3 Suspend Contractor's performance under the Contract upon five (5) Business Days' advance written notice to Contractor. HCA will use this option only when HCA determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this Contract. A. 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. B. When HCA determines in its sole discretion that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to HCA informing HCA whether it can resume performance and, if so, the date of resumption. For purposes of this subsection, "written notice" may include email. C. If the Contractor's proposed resumption date is not acceptable to HCA and an acceptable date cannot be negotiated, HCA may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. 4.18 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. Nothing in this Contract will be construed as a waiver by HCA of the State's immunity under the 11 to Amendment to the United States Constitution. 4.19 HCA NETWORK SECURITY Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the HCA Network without prior written authorization from HCA's Chief Information Officer. Unauthorized access to HCA networks and systems is a violation of HCA Policy and constitutes computer trespass in the first degree pursuant to RCW Washington State 18 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 9A.52.110. Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the HCA visitor Wi-Fi Internet connection while on site. 4.20 INDEMNIFICATION Contractor must defend, indemnify, and save HCA harmless from and against all claims, including reasonable attorneys' fees resulting from such claims and breach of confidentiality obligations as contained herein, arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. Contractor and its employees or agents performing under this Contract are not employees or agents of HCA. Contractor will not hold itself out as or claim to be an officer or employee of HCA or of the State of Washington by reason hereof, nor will Contractor make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with Contractor. 4.22 LEGAL AND REGULATORY COMPLIANCE 4.22.1 During the term of this Contract, Contractor must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract and all other applicable federal, state and local laws, rules, and regulations. 4.22.2 While on the HCA premises, Contractor must comply with HCA operations and process standards and policies (e.g., ethics, Internet/ email usage, data, network and building security, harassment, as applicable). HCA will make an electronic copy of all such policies available to Contractor. 4.22.3 Failure to comply with any provisions of this section may result in Contract termination. 4.23 LIMITATION OF AUTHORITY Only the HCA Authorized Representative has the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the HCA Authorized Representative. Washington State 19 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.24 NO THIRD-PARTY BENEFICIARIES HCA and Contractor are the only parties to this contract. Nothing in this Contract gives or is intended to give any benefit of this Contract to any third parties. 4.25 NONDISCRIMINATION During the performance of this Contract, the Contractor must comply with all federal and state nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 C.F.R. Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or terminated in whole or in part under the Termination for Default sections, and Contractor may be declared ineligible for further contracts with HCA. 4.26 OVERPAYMENTS TO THE CONTRACTOR In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor will refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, HCA may withhold up to five percent (5%) of the monthly amount Contractor reports on the Revenue and Expenditure Report(s) per month, until the overpayment amount is recouped in full. If the Contractor disagrees with HCA's actions under this section, then it may invoke the dispute resolution provisions of Section 4.14, Disputes. 4.27 PAY EQUITY 4.27.1 Contractor represents and warrants that, as required by Washington state law (Engrossed House Bill 1109, Sec. 211), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if(i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.27.2 Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or (v) a bona fide regional difference in compensation levels. 4.27.3 Bona fide job-related factor(s)" may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not Washington State 20 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 based on or derived from a gender-based differential; and (iii) accounts for the entire differential. 4.27.4 A"bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. 4.27.5 Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) Days of HCA's request for such evidence, HCA may suspend or terminate this Contract. 4.28 PUBLICITY 4.28.1 The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor's Services by HCA and must not be so construed by Contractor in any advertising or other publicity materials. 4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which HCA's name is mentioned, language is used, or Internet links are provided from which the connection of HCA's name with Contractor's Services may, in HCA's judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of HCA prior to such use. 4.29 RECORDS AND DOCUMENT REVIEW 4.29.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by HCA, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 C.F.R. 431, Subpart Q; and 42 C.F.R. 447.202]. 4.29.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. Washington State 21 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.29.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.30 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive but are in addition to all other remedies available under law. 4.31 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to HCA, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 4.32 RIGHTS IN DATA/OWNERSHIP 4.32.1 HCA and Contractor agree that all data and work products produced pursuant to this Contract (collectively "Work Product") will be considered a "work made for hire"as defined under the U.S. Copyright Act of 1976 and Title 17 U.S.C. §101 et seq, and will be owned by HCA. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. 4.32.2 If for any reason the Work Product would not be considered a "work made for hire"under applicable law, Contractor assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.32.3 Contractor will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. 4.32.4 Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of HCA. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Washington State 22 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.32.5 Material that is delivered under this Contract, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 4.32.6 Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 4.33 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 4.34 SITE SECURITY While on HCA premises, Contractor, its agents, employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. HCA reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify HCA. 4.35 SUBCONTRACTING 4.35.1 Neither Contractor, nor any Subcontractors, may enter into Subcontracts for any of the work contemplated under this Contract without prior written approval of HCA. HCA has sole discretion to determine whether or not to approve any such Subcontract. In no event will the existence of the Subcontract operate to release or reduce the liability of Contractor to HCA for any breach in the performance of Contractor's duties. 4.35.2 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any Subcontracts. Washington State 23 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.35.3 If at any time during the progress of the work HCA determines in its sole judgment that any Subcontractor is incompetent or undesirable, HCA will notify Contractor, and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work. 4.35.4 The rejection or approval by the HCA of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to HCA. 4.35.5 HCA has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. 4.36 SURVIVAL The terms and conditions contained in this Contract that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Contract will survive. In addition, the terms of the sections titled Covered Information Protection, Contractor's Proprietary Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents Review, Rights in Data/Ownership, and Rights of State and Federal Governments will survive the termination of this Contract. The right of HCA to recover any overpayments will also survive the termination of this Contract. 4.37 TAXES HCA will pay sales or use taxes, if any, imposed on the services acquired hereunder. Contractor must pay all other taxes including, but not limited to, Washington Business and Occupation Tax, other taxes based on Contractor's income or gross receipts, or personal property taxes levied or assessed on Contractor's personal property. HCA, as an agency of Washington State government, is exempt from property tax. Contractor must complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Contract. 4.38 TERMINATION 4.38.1 Termination for Default In the event HCA determines that Contractor has failed to comply with the terms and conditions of this Contract, HCA has the right to suspend or terminate this Contract. HCA will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. HCA reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit Contractor from incurring additional obligations of funds Washington State 24 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by HCA to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a "Termination for Convenience." 4.38.2 Termination for Convenience When, at HCA's sole discretion, it is in the best interest of the State, HCA may terminate this Contract in whole or in part by providing ten (10) calendar days' written notice. If this Contract is so terminated, HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.38.3 Termination for Nonallocation of Funds If funds are not allocated to continue this Contract in any future period, HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such nonallocation at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.38.4 Termination for Withdrawal of Authority In the event that the authority of HCA to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, HCA may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. HCA will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. HCA agrees to notify Contractor of such withdrawal of authority at the earliest possible time. No penalty will accrue to HCA in the event the termination option in this section is exercised. 4.38.5 Termination for Conflict of Interest HCA may terminate this Contract by written notice to the Contractor if HCA determines, after due notice and examination, that there is a violation of the Washington State 25 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated, HCA will be entitled to pursue the same remedies against the Contractor as it could pursue in the event Contractor breaches the contract. 4.39 TERMINATION PROCEDURES 4.39.1 Upon termination of this Contract, HCA, in addition to any other rights provided in this Contract, may require Contractor to deliver to HCA any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. 4.39.2 HCA will pay Contractor the agreed-upon price, if separately stated, for completed work and services accepted by HCA and the amount agreed upon by the Contractor and HCA for (i) completed work and services for which no separate price is stated; (ii) partially completed work and services; (iii) other property or services that are accepted by HCA; and (iv) the protection and preservation of property, unless the termination is for default, in which case HCA will determine the extent of the liability. Failure to agree with such determination will be a dispute within the meaning of Section 4.14, Disputes. HCA may withhold from any amounts due the Contractor such sum as HCA determines to be necessary to protect HCA against potential loss or liability. 4.39.3 After receipt of notice of termination, and except as otherwise directed by HCA, Contractor must: A. Stop work under the Contract on the date of, and to the extent specified in, the notice; B. Place no further orders or Subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to HCA, in the manner, at the times, and to the extent directed by HCA, all the rights, title, and interest of the Contractor under the orders and Subcontracts so terminated; in which case HCA has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and Subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and Subcontracts, with the approval or ratification of HCA to the extent HCA may require, which approval or ratification will be final for all the purposes of this clause; E. Transfer title to and deliver as directed by HCA any property required to be furnished to HCA; Washington State 26 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 F. Complete performance of any part of the work that was not terminated by HCA; and G. Take such action as may be necessary, or as HCA may direct, for the protection and preservation of the records related to this Contract that are in the possession of the Contractor and in which HCA has or may acquire an interest. 4.40 TRANSITION OBLIGATIONS Contractor must provide for reasonable transition assistance requested by HCA to allow for the expired or terminated Contract, in whole or in part, to continue without interruption or adverse effect, and to facilitate the orderly transfer of such services to HCA or its designees. Such transition assistance will be deemed by the parties to be governed by the terms and conditions of this Contract, except for those terms or conditions that do not reasonably apply to such transition assistance. 4.41 TREATMENT OF ASSETS 4.41.1 Ownership HCA shall retain title to all property furnished by HCA to Contractor under this Contract. Title to all property furnished by Contractor, for the cost of which the Contractor is entitled to reimbursement as a direct item of cost under this Contract, excluding intellectual property provided by Contractor, shall pass to and vest in HCA upon delivery of such property by Contractor. Title to other property, the cost of which is reimbursable to Contractor under this Contract, shall pass to and vest in HCA upon (i) issuance for use of such property in the performance of this Contract, (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by HCA, in whole or in part, whichever occurs first. 4.41.2 Use of Property Any property furnished to Contractor shall, unless otherwise provided herein, or approved in writing by the HCA Contract Manager, be used only for the performance of and subject to the terms of this Contract. Contractor's use of the equipment shall be subject to HCA's security, administrative, and other requirements. 4.41.3 Damage to Property Contractor shall continuously protect and be responsible for any loss, destruction, or damage to property which results from or is caused by Contractor's acts or omissions. Contractor shall be liable to HCA for costs of repair or replacement for property or equipment that has been lost, destroyed, or Washington State 27 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 damaged by Contractor or Contractor's employees, agents, or Subcontractors. Cost of replacement shall be the current market value of the property and equipment on the date of the loss as determined by HCA. 4.41.4 Notice of Damage Upon the loss of, destruction of, or damage to any of the property, Contractor shall notify the HCA Contract Manager thereof within one (1) Business Day and shall take all reasonable steps to protect that property from further damage. 4.41.5 Surrender of Property Contractor will ensure that the property will be returned to HCA in like condition to that in which it was furnished to Contractor, reasonable wear and tear expected. Contractor shall surrender to HCA all property upon the earlier of expiration or termination of this Contract. 4.42 WAIVER Waiver of any breach of any term or condition of this Contract will not be deemed a waiver of any prior or subsequent breach or default. No term or condition of this Contract will be held to be waived, modified, or deleted except by a written instrument signed by the parties. Only the HCA Authorized Representative has the authority to waive any term or condition of this Contract on behalf of HCA. 4.43 WARRANTIES 4.43.1 Contractor represents and warrants that its services will be of professional quality and will be rendered in accordance with prevailing professional standards and ethics. Services performed by Contractor under this Contract shall be conducted in a manner consistent with the level of care and skill standard to the industry. Contractor agrees to immediately re-perform any services that are not in compliance with this representation and warranty at no cost to HCA. 4.43.2 Contractor represents and warrants that it will comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. 4.43.3 EXECUTIVE ORDER 18-03 —WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor represents and warrants that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Washington State 28 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 4.43.4 Any written commitment by Contractor within the scope of this Contract will be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and will render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor to HCA or contained in any Contractor publications, or descriptions of services in written or other communication medium, used to influence HCA to enter into this Contract. Washington State 29 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 Attachment 1 Confidential Information Security Requirements 1. Definitions In addition to the definitions set out in this Contract for CJTA Funded Treatment and Recovery Support Services, the definitions below apply to this Attachment. a. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. i. Passwords for external authentication must be a minimum of 10 characters long. ii. Passwords for internal authentication must be a minimum of 8 characters long. iii. Passwords used for system service or service accounts must be a minimum of 20 characters long. b. "Portable/Removable Media" means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). c. "Portable/Removable Devices" means any small computing device that can be transported, including but not limited to: handhelds/PDAs/Smartphones; Ultramobile PC's, flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. e. "Transmitting" means the transferring of data electronically, such as via email, MFTP, webservices, AWS Snowball, etc. f. "Trusted System(s)" means the following methods of physical delivery: (1) hand- delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. Fed Ex, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Washington State 30 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. g. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2. Confidential Information Transmitting a. When transmitting HCA's Confidential Information electronically, including via email, the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: a. Data at Rest: i. Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data. Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. ii. Data stored on Portable/Removable Media or Devices: • Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. • HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Contract. If so authorized, the Receiving Party must protect the Data by: 1. Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; Washington State 31 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 2. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; 3. Keeping devices in locked storage when not in use; 4. Using check-in/check-out procedures when devices are shared; 5. Maintain an inventory of devices; and 6. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. b. Paper documents. Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 4. Confidential Information Segregation HCA Confidential Information received under this Contract must be segregated or otherwise distinguishable from non-HCA data. This is to ensure that when no longer needed by the Contractor, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. a. The HCA Confidential Information must be kept in one of the following ways: i. on media (e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data; or ii. in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or iii. in a database that will contain only HCA Data; or iv. within a database and will be distinguishable from non-HCA Data by the value of a specific field or fields within database records; or V. when stored as physical paper documents, physically segregated from non- HCA Data in a drawer, folder, or other container. b. When it is not feasible or practical to segregate HCA Confidential Information from non-HCA data, then both the HCA Confidential Information and the non-HCA data with which it is commingled must be protected as described in this Attachment. Washington State 32 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 5. Confidential Information Shared with Subcontractors If HCA Confidential Information provided under this Contract is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html). a. For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. Washington State 33 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract#K7098 SCHEDULE A: STATEMENT OF WORK Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to, the performance of work as set forth below. 1. DEFINITIONS "American Society of Addiction Medicine" or"ASAM" means the six dimensions to identify the intensity of treatment services that best fits the individual's needs and provides a common language of holistic, biopsychosocial assessment, and treatment across addiction treatment, physical health, and mental health services, which also addresses the spiritual issues relevant in recovery. "Case Management" or"Case Management Services" means services provided by a Substance Use Disorder Professional (SUDP) or Substance Use Disorder Professional Trainee (SUDPT) licensed by the Washington Department of Health, or a person under the direct clinical supervision of a SUDP, to individuals assessed as needing treatment and admitted into treatment. Services are provided to assist clients in gaining access to needed medical, social, educational, and other services. Services include case planning, case consultation and referral, and other support services for the purpose of engaging and retaining or maintaining clients in treatment. "Continuity of Care" means the provision of continuous care for chronic or acute medical and behavioral health conditions to maintain care that has started or been authorized to start as the Individual transitions between: facility to home; facility to another facility; providers or service areas; managed care contractors; and Medicaid fee-for-service and managed care arrangements. Continuity of Care occurs in a manner that prevents secondary illness, health care complications, or re-hospitalization; and promotes optimum health recovery. "County Match" means that jurisdictions must match, on a dollar-for-dollar basis, state moneys allocated for therapeutic courts with local cash or in-kind resources. Moneys allocated by the state may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts (RCW 2.30.040). "Criminal Justice Treatment Account" or"CJTA" means the account created by Washington State Legislature that may be expended solely for: substance use disorder treatment and treatment support services for individuals with a substance use disorder that, if not treated, would result in addiction, against whom charges are filed by a prosecuting attorney in Washington State (RCW 71.24.580). "CJTA Plan" or"Plan" means the plan that is developed by the county human services or behavioral health services department, county prosecutor, county sheriff, county superior court, a substance use disorder treatment provider appointed by the county legislative authority, a member of the criminal defense bar appointed by the county legislative authority, and, in counties with a drug court, a representative of the drug court (RCW 71.24.580(6)). The plan shall be approved by the county legislative authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of this section, for disposition of all the funds provided from the CJTA within that county. "Culturally and Linguistically Appropriate Services" or"CLAS" means the national standards in health and health care intended to advance health equity, improve quality, and eliminate health disparities by establishing a blueprint for health and health care organizations. "Division of Behavioral Health and Recovery" or "DBHR" means the Health Care Authority's Division of Behavioral Health and Recovery, and its employees and authorized agents. Washington State 34 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A "Drug Court" means a court utilizing a program structured to achieve both a reduction in criminal recidivism and an increase in the likelihood of rehabilitation through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). "Drug Enforcement Agency" or"DEA" means a federal agency which is a component of the United State Department of Justice and whose mission is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets. "Evidence-based Practice" or"EBP" means a prevention or treatment service or practice that has been validated by some form of documented research evidence and is appropriate for use with individuals with a substance use disorder that are involved in the criminal justice system. EBP also means a program or practice that has been tested where the weight of the evidence from review demonstrates sustained improvements in at least one outcome, and/or a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial. "Individual" means any person in the criminal justice system who is in need of behavioral health services, regardless of income, ability to pay, insurance status or county of residence. "Medications for Opioid Use Disorder" or"MOUD" or"MAT" means the use of FDA-approved opioid agonist medications (e.g., methadone, buprenorphine products including buprenorphine/naloxone combination formulations and buprenorphine mono-product formulations) for the treatment of opioid use disorder and the use of opioid antagonist medication (e.g. naltrexone products including extended-release and oral formulations) to prevent relapse to opioid use. "Outreach" or"Community Outreach" means identification of hard-to-reach Individuals with a possible SUD and engagement of these individuals in assessment and ongoing treatment services as necessary. "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in this subsection but does not meet the full criteria for evidence-based (RCW 2.30.020). "Recovery Support Services" or"RSS" means services that are intended to promote an individual's socialization, recovery, self-advocacy, development of natural support, and maintenance of community living skills. RSS include, but are not limited to, the following services: Supported employment services, supportive housing services, peer support services, wraparound facilitation services, and any other services that are conducive to an individual's recovery in an Substance Use Disorder (SUD) Program (WAC 246-341-0718). "Substance Use Disorder" or"SUD" means a problematic pattern of using alcohol or another substance that results in the impairment in daily life or noticeable distress; and, whereby the individualcontinues use despite leading to clinically significant impairment or distress as categorized in the DSM-5. Washington State 35 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A "Substance Use Disorder Professional" or"SUDP" means an individual who is certified according to RCW 18.205.020 and the certification requirements of WAC 246-811-030 to provide SUD services. "Substance Use Disorder Professional Trainee" or"SUDPT" means an individual working toward the education and experience requirements for certification as a chemical dependency professional, and who has been credentialed as a CDPT "Therapeutic Courts" means a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce child abuse and neglect, out-of-home placements of children, termination of parental rights, and substance use and mental health symptoms among parents or guardians and their children through continuous and intense judicially supervised treatment and the appropriate use of services, sanctions, and incentives (RCW 2.30.020). "Treatment" means services that are critical to a participant's successful completion of his or her substance use disorder treatment program, including but not limited to the recovery support and other programmatic elements outlined in Chapter 246-341 WAC. "Treatment Support" means services such as transportation to or from inpatient or outpatient treatment services when no viable alternative exists, and child care services that are necessary to ensure a participant's ability to attend outpatient treatment sessions. "Washington State Jail" or"Jail" means any city, county, regional, or tribal jail operating in the state of Washington. 2. Purpose Contractor will provide treatment and recovery support services, funded by Criminal Justice Treatment Account funds, to individuals involved in the criminal justice system in accordance with RCW 71.24.580. 3. CTJA Account Services Specific Eligibility and Funding Requirements a) In accordance with RCW 71.24.580, the Contractor will be responsible for treatment and recovery support services for criminally involved individuals. b) CJTA Statutory Funding Guidelines 1. In accordance with RCW 2.30.040 counties that allocate CJTA and/or State Drug Court funds to support or provide services to Therapeutic Court Program participants must match, on a dollar-for-dollar basis, an equal amount of local funding through cash or in- kind resources. Moneys appropriated under this provision may be used to supplement, not supplant other federal, state, and local funds for therapeutic courts. 2. No more than ten percent (10%) of the total CJTA funds maybe used for the following support services combined: i. Transportation; and ii. Child Care Services. Washington State 36 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A 3. State Drug Court i. In addition to state funding under the CJTA, several counties receive additional state funding specifically for Drug Courts. State Drug Court funding is provided to the following counties: Clallam, Cowlitz, King, Kitsap, Pierce, Skagit, Spokane, and Thurston. The counties that receive State Drug Court funding must ensure the provision of substance use disorder treatment and support services detailed in this Contract, and in accordance with RCW 71.24.580 and RCW 2.30.030. 4. Supplemental Appropriations for State Fiscal Year 2024 i. Engrossed Substitute Senate Bill 6168; Section 212 § 72 provided one time supplemental funding under the CJTA: a. $4,500,000 of the criminal justice treatment account — state appropriation for fiscal year 2024 is provided solely for the authority to provide funding for the setting up of new therapeutic courts for cities or counties or for the expansion of services being provided to an already existing therapeutic court that engages in evidence-based practices, to include medication assisted treatment in jail settings pursuant to RCW 71.24.580. Funding provided under this subsection shall not supplant existing funds utilized for this purpose. ii. Per RCW 71.24.580(5)(a), the HCA will distribute this funding through this agreement, with the understanding that the Contractor will confer with the local CJTA Panels for purpose of developing an amendment to the county or region's strategic plans for the utilization of funding through the CJTA. This will allow the Contractor, in concert with the local CJTA Panel, to collectively determine how to best use the supplemental funding in the context of the proviso. iii. Cities or counties interested in developing new therapeutic courts will be referred to the County CJTA Panel. iv. Contractor will work with the local CJTA Panel to update their CJTA Plan, referenced in Schedule A, Statement of Work, Section 6, below, to account for how the supplemental appropriation will be utilized at their county and/or regional level. 5. At a minimum, thirty percent (30%) of the CJTA funds, including State Drug Court and State Fiscal Year 2024 supplemental funding, is to be dedicated to special projects that meet any or all of the following conditions: i. An acknowledged best practice (or treatment strategy) that can be documented in published research; Washington State 37 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A ii. An approach utilizing either traditional or best practice approaches to treat significant underserved population(s) and populations who are disproportionately affected by the criminal justice system; iii. A regional project conducted in partnership with at least one other entity serving the service area; and/or iv. CJTA Special Projects. A special project would HCA retains the right to request progress reports on CJTA special projects. 4. CJTA Funding —Allowable Services a) Brief Intervention (any level, assessment not required); b) Acute Withdrawal Management (ASAM Level 3.7WM); c) Sub-Acute Withdrawal Management (ASAM Level 3.2WM); d) Outpatient Treatment (ASAM Level 1); e) Intensive Outpatient Treatment (ASAM Level 2.1); f) Opioid Treatment Program (ASAM Level 1); g) Case Management (ASAM Level 1.2); h) Intensive Inpatient Residential Treatment (ASAM Level 3.5); i) Long-term Care Residential Treatment (ASAM Level 3.3); j) Recovery House Residential Treatment (ASAM Level 3.1); k) Assessment (to include Assessments done while in jail); 1) Interim Services; m) Community Outreach; n) Involuntary Commitment Investigations and Treatment; o) Room and Board (Residential Treatment Only); p) Transportation; q) Childcare Services; r) Urinalysis; s) Recovery Support Services that may include: 1. Employment services and job training; Washington State 38 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A 2. Relapse prevention; 3. Family/marriage education; 4. Peer-to-peer services, mentoring and coaching; 5. Self-help and spiritual, religious support groups; 6. Housing support services (rent and/or deposits); 7. Life skills; 8. Education Training (e.g. GED Assistance); and 9. Parent education and child development. t) Substance Use Disorder treatment in the Jail: 1. CJTA funds may not supplement or supplant any currently funded programs that previously existed in a Jail environment. 2. The Contractor may not use more than 30% of their allocation for treatment in the Jail unless they receive written authorization from the HCA Contract Manager or justification for doing so is detailed in the CJTA Plan discussed in Schedule A, Statement of Work, Section 6, below. 3. If CJTA funds are utilized for these purposes, the Contractor must attempt to provide treatment with the following stipulations: i. Identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate their return to the community; ii. Continue treatment services with individuals who were engaged in community-based treatment prior to their incarceration, with the intent to complete the outpatient treatment episode; and iii. Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment. 4. The following treatment modalities may be provided through CJTA funding: i. Engaging individuals in SUD treatment; ii. Screening, assessing, and inducting individuals on MOUD; iii. Referral to SUD services; iv. Providing continuity of care; and V. Planning for an individual's transition from Jail. Washington State 39 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A 5. MAT in Therapeutic Courts Per RCW 71.24.580, "If a region or county uses criminal justice treatment account funds to support a therapeutic court, the therapeutic court must allow the use of all medications approved by the federal food and drug administration for the treatment of opioid use disorder as deemed medically appropriate for a participant by a medical professional. If appropriate medication-assisted treatment resources are not available or accessible within the jurisdiction, the health care authority's designee for assistance must assist the court with acquiring the resource." a) The Contractor, under the provisions of this Contract, will abide by the following guidelines related to CJTA and Therapeutic Courts: 1. The Contractor will only subcontract with Therapeutic Courts that have policy and procedures allowing Participants at any point in their course of treatment to seek FDA- approved medication for any substance use disorder and ensuring the agency will provide or facilitate the induction of any prescribed FDA approved medications for any substance use disorder. 2. The Contractor will only subcontract with Therapeutic Court programs that work with licensed SUD behavioral health treatment agencies that have policy and procedures in place ensuring they will not deny services to Enrollees who are prescribed any of the Federal Drug Administration (FDA) approved medications to treat all substance use disorders. 3. The Contractor may not subcontract with a Therapeutic Court program that is known to have policies and procedures in place that mandate titration of any prescribed FDA approved medications to treat any substance use disorder, as a condition of participants being admitted into the program, continuing in the program, or graduating from the program, with the understanding that decisions concerning medication adjustment are made solely between the participant and their prescribing provider. 4. The Contractor must notify the HCA if it discovers that a CJTA funded Therapeutic program is practicing any of the following: i. Requiring discontinuation, titration, or alteration of their medication regimen as a precluding factor in admittance into a Therapeutic Court program; ii. Requiring participants already in the program discontinue MOUD in order to be in compliance with program requirements; iii. Requiring discontinuation, titration, or alteration of their MOUD medication regimen as a necessary component of meeting program requirements for graduation from a Therapeutic Court program. 5. All decisions regarding an individual's amenability and appropriateness for MOUD will be made by the individual in concert with a medical professional. Washington State 40 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A 6. CJTA Plan a) The Contractor must coordinate with the local CJTA panel for the county in order to facilitate the planning requirement as described in RCW 71.24.580(6). County level funding priorities are established by the local CJTA Panel. The plans should detail the coordination within the county, leverage the needed services for the community, and reach the intended population for the CJTA fund. Any CJTA funded efforts must be included in the CJTA Plan, including the following specific elements: 1. Describe in detail how substance use disorder treatment and support services will be delivered within the region; 2. Per section 3.b.1 of this Statement of Work, address the CJTA Account Match Requirement if funds provide treatment or recovery support services for therapeutic court participants; 3. Include details on special projects such as best practices/treatment strategies, significant underserved population(s), or regional endeavors, including the following: i. Describe the project and how it will be consistent with the strategic plan; ii. Describe how the project will enhance treatment services for individuals in the criminal justice system; iii. Indicate the number of individuals who will be served using innovative funds; iv. If applicable, indicate plans for inclusion of MOUD within the county's Therapeutic Court programs; and V. Address the Fiscal and programmatic Data Reporting requirements found in Section 7 of this Statement of Work. 4. The final plan must be approved by the county's legislative authority. 5. Completed and legislatively approved plans must be submitted to the HCA for Review and Approval. Plan will be forwarded to the State CJTA Panel once approved by the HCA. The Contractor must implement the plan as it is written and notify the HCA if any changes are made. 6. CJTA Plans are due by October 16, 2023 and are updated every two years, unless special circumstances dictate and approved by HCA, to coincide with the state fiscal biennium. Contractor may request an extension of up to 30 calendar days on the CJTA Plan due date, and HCA may approve the extension in its sole discretion. 7. Data Reporting Requirements a) The Contractor shall ensure that staffing is sufficient to support CJTA-related data analytics and related data systems to oversee all data interfaces and support the specific reporting requirements under Contract. Washington State 41 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A b) The Contractor will work with HCA should system data reporting submission requirements change (such as using Edifecs). c) The Contractor shall ensure that all Subcontractors required to report programmatic data have the capacity to submit all HCA required data to enable the Contractor to meet the requirements under the Contract. d) There are three quarterly reports that the Contractor will be responsible for submitting: The Quarterly Progress Report (QPR), the Revenue and Expenditure Report (R&E), and the Programmatic Treatment Report (PTR): 1. The Contractor will be responsible for submitting the QPR. The HCA will provide the Contractor with a template form that will report on the following program elements: i. Number of individuals served under CJTA funding for that time period; ii. Barriers to providing services to the Criminal Justice Population; iii. Strategies to overcome the identified barriers; iv. Training and Technical assistance needs; V. Success stories or narratives from individuals receiving CJTA services; and vi. If a Therapeutic Court receives CJTA funded services, the number of admissions of individuals into the program who were either already on MOUD, referred to MOUD, or were provided information regarding MOUD. 2. The Contractor will be responsible for submitting the R&E on a quarterly basis. The HCA will provide the Contractor with a template form that captures the fiscal expenditures for that quarter. The Contractor: i. Will use the Excel document provided by the HCA; ii. Will report the amount of CJTA expenditures in their Contractor for each state fiscal quarter (State Fiscal quarters end on March 31, June 30, September 30, and December 31); iii. Complete the document in its entirety; and iv. Submit the internally reviewed and complete R&E report within 45 days of the end of each State Fiscal Quarter. 3. The Contractor is responsible for submitting the PTR each quarter through a Managed File Transfer(MFT). The HCA will provide the Contractor with an excel workbook template that will capture a variety of demographic and programmatic data that supports the services being provided by the state appropriations. In addition, this process will include the following: Washington State 42 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A i. The Contractor will ensure that their subcontractor has the bandwidth to complete all data elements requested in the PTR. ii. The Contractor may allow the subcontractor to do all data entry but the PTR must be submitted into the Behavioral Health Data System (BHDS) by the Contractor through the established Secure File Transfer procedure within 45 days of the end of each State Fiscal Quarter. The Contractor may request an extension of this requirement during the first Contract term. Files submitted must conform to the following naming convention: _<County Name>_<Date of Upload>. iii. The Contractor will review for completeness and accuracy each PTR that they receive from the subcontractor. iv. The Contractor will work with their subcontractors to ensure that any applicable Release of Information (ROI)forms are updated to account for the sharing of Personal Health Information (PHI) with the HCA. 8. Billing and Payment Deliverables Table July 1, 2023 through June 30, 2024 # Deliverable Due Date (Quarterly) Maximum Amount 1 Submit an updated county CriminalJustice *October 1, 2023 $22,868.75 Treatment Account(CJTA) Plan that was approved by the IocalCJTA panel and signed by County Legislative Authority that indicates how the CJTA Supplemental will beutilized. 2 Submit quarterly progress reports 45 calendar days of $22,868.75 end of State Fiscal ($1,905.73 x 12) Quarter 3 Submit quarterly CJTA Revenue and 45 calendar days of $22,868.75 Expenditure Reports end of State Fiscal ($1,905.73 x 12) Quarter 4 Submit monthly and/or quarterly 45 calendar days of $22,868.75 Programmatic Treatment Reports through end of State Fiscal ($1,905.73 x 12) Managed File Transfer(MFT)process Quarter State Fiscal 2024 Total Maximum Compensation $91,475.00 *CJTA Plan can be submitted as early as 71112023 and no later than 101112023. Deliverables Table July 1, 2024 through June 30, 2025 # Deliverable Due Date (Quarterly) Maximum Amount 1 Submit an updated county CriminalJustice *October 1, 2024 $22,868.75 Treatment Account(CJTA) Plan that was approved by the IocalCJTA panel and signed by County Legislative Authority that indicates how the CJTA Supplemental will beutilized. Washington State 43 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A 2 Submit quarterly progress reports 45 calendar days of $22,868.75 end of State Fiscal ($1,905.73 x 12) Quarter 3 Submit quarterly CJTA Revenue and 45 calendar days of $22,868.75 Expenditure Reports end of State Fiscal ($1,905.73 x 12) Quarter 4 Submit monthly and/or quarterly 45 calendar days of $22,868.75 Programmatic Treatment Reports through end of State Fiscal ($1,905.73 x 12) Managed File Transfer(MFT)process Quarter State Fiscal 2025 Total Maximum Compensation $91,475.00 *CJTA Plan can be submitted as early as 71112024 and no later than 101112024. a) This contract total is for$91,475.00 and is for services rendered between July 1, 2023 and June 30, 2024. b) This contract total is for$91,475.00 and is for services rendered between July 1, 2024 and June 30, 2025. c) Contractor's compensation for services rendered will be paid monthly in amounts of 1/12th of the State Fiscal Year Total Maximum Compensation, in accordance with the deliverables table below. Payment will be contingent upon HCA Contract Manager acceptance of the deliverable, and approval of a correct and complete Revenue and Expenditure Report from Contractor. d) The Contractor is required to limit Administration costs to no more than ten percent (10%) of the Contract Maximum Compensation. Administration costs will be measured on a fiscal year basis and based on the information reporting in the Revenue and Expenditure reports and reviewed by the HCA Behavioral Health Administration. e) Funding to support workforce (i.e., retention bonuses) must be reviewed and approved by HCA. f) Payment shall be considered timely if made by HCA within thirty (30) days after receipt and acceptance by HCA of the properly completed reports. g) Payment may be withheld if the deliverables are not met by the date indicated in the table above. Washington State 44 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule A SCHEDULE B: DATA SHARE AGREEMENT 1. Description of Data to be Shared / Data Licensing Statements Data Licensing Statements are the written statements that determine the following issues, at a minimum: A. Identification of costs (if any); B. Identification of costs (if any); C. Identification of transmission method; and D. Identification of the file layout. There must be at least one Data Licensing Statement attached hereto, but more than one Data Licensing Statement may be included or incorporated into this Contract at different times. Each Data Licensing Statement is incorporated into this Contract by using the same Attachment reference letter (A) and then further marking it with sequential identifying numbers (Al, A2, A3). 2. Data Classification The State classifies data into categories based on the sensitivity of the data pursuant to the Security policy and standards promulgated by the Office of the state of Washington Chief Information Officer. (See Section 4, Data Security, of Securing IT Assets Standards No. 141.10 in the State Technology Manual at https://ocio.wa.gov/policies/141-securing- information-technology-assets/14110-securing-information-technology-assets. The Data that is the subject of this Contract is classified as indicated below: ❑ Category 1 — Public Information Public information is information that can be or currently is released to the public. It does not need protection from unauthorized disclosure but does need integrity and availability protection controls. ❑ Category 2 — Sensitive Information Sensitive information may not be specifically protected from disclosure by law and is for official use only. Sensitive information is generally not released to the public unless specifically requested. ❑ Category 3— Confidential Information Confidential information is information that is specifically protected from disclosure by law. It may include but is not limited to: Personal Information about individuals, regardless of how that information is obtained; Information concerning employee personnel records; Washington State 45 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B Information regarding IT infrastructure and security of computer and telecommunications systems; ❑x Category 4— Confidential Information Requiring Special Handling Confidential information requiring special handling is information that is specifically protected from disclosure by law and for which: A. Especially strict handling requirements are dictated, such as by statutes, regulations, or agreements; B. Serious consequences could arise from unauthorized disclosure, such as threats to health and safety, or legal sanctions. 3. Constraints on Use of Data/Limited License A. Subject to the Terms and Conditions of this Contract, HCA hereby grants Contractor a limited license for the access and Permissible Use of Data. This grant of access may not be deemed as providing Contractor with ownership rights to the Data. The Data being shared/accessed is owned and belongs to HCA. B. For Limited Data Sets, Contractor agrees to not attempt to re-identify individuals in the Data shared or attempt to contact said individuals. C. If Data shared under this Contract includes data protected by 42 C.F.R. Part 2. In accordance with 42 C.F.R. § 2.32, this Data has been disclosed from records protected by federal confidentiality rules (42 C.F.R. Part 2). The federal rules prohibit Contractor from making any further disclosure(s) of the Data that identifies a patient as having or having had a substance use disorder either directly, by reference to publicly available information, or through verification of such identification by another person unless further disclosure is expressly permitted by the written consent of the individual whose information is being disclosed or as otherwise permitted by 42 C.F.R. Part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose (42 C.F.R. § 2.31). The federal rules restrict any use of the SUD data to investigate or prosecute with regard to a crime any patient with a substance use disorder, except as provided at 42 C.F.R. §§ 2.12(c)(5) and 2.65. D. This Contract does not constitute a release of the Data for the Contractor's discretionary use. Contractor must use the Data received or accessed under this Contract only to carry out the purpose and justification of this Contract as set out in the Data Licensing Statement(s). Any analysis, use, or reporting that is not within the Purpose of this Contract is not permitted without HCA's prior written consent. E. This Contract does not constitute a release for Contractor to share the Data with any third parties, including Subcontractors, even if for authorized use(s) under this Contract, without the third party release being approved in advance by HCA and identified in the Data Licensing Statement(s). F. Derivative Data Product Review and Release Process. Washington State 46 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B i. All reports derived from Data shared under this Contract, produced by Contractor that are created with the intention of being published for or shared with external customers (Data Product(s)) must be sent to HCA for review of usability, data sensitivity, data accuracy, completeness, and consistency with HCA standards prior to disclosure. This review will be conducted, and response of suggestions, concerns, approval, or notification of additional review time needed provided to Receiving Party within 10 business days. HCA reserves the right to extend the review period as needed for approval or denial. ii. Small Numbers. Contractor will adhere to HCA Small Numbers Standards, Attachment C. HCA and Contractor may agree to individual Permissible Use exceptions to the Small Numbers Standards, in writing (email acceptable). G. Any disclosure of Data contrary to this Contract is unauthorized and is subject to penalties identified in law. 4. Data Modification(s) Any modification to the Purpose, Justification, Description of Data to be Shared/Data Licensing Statement(s), and Permissible Use, is required to be approved through HCA's Data Request Process. Contractor must notify HCA's Contract Manager of any requested changes to the Data elements, use, records linking needs, research needs, and any other changes from this Contract, immediately to start the review process. Approved changes will be documented in an Amendment to the Contract. 5. Security of Data A. Data Protection The Contractor must protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification, or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: i. Allowing access only to staff that have an authorized business requirement to view the Confidential Information. ii. Physically securing any computers, documents, or other media containing the Confidential Information. B. Data Security Standards Contractor must comply with the Data Security Requirements set out in Attachment B and the Washington OCIO Security Standard, 141.10 (https://ocio.wa.gov/policies/141- securing-information-technology-assets/14110-securing-information-technology-assets.) C. Data Disposition and Retention i. Contractor will dispose of HCA Data in accordance with this section. Washington State 47 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B ii. Upon request by HCA, or at the end of the Contract term, or when no longer needed, Confidential Information/Data must be disposed of as set out in Attachment B, Section 665 Data Disposition, except as required to be maintained for compliance or accounting purposes. Contractor will provide written certification to HCA of disposition using Attachment 5, Certification of Destruction/Disposition of Confidential Information. 6. Data Confidentiality and Non-Disclosure A. Data Confidentiality. The Contractor will not use, publish, transfer, sell, or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with the purpose, justification, and Permissible Use of this Contract, as set out in the attached Data Licensing Statement(s), except: (a) as provided by law; or (b) with the prior written consent of the person or personal representative of the person who is the subject of the Data. B. Non-Disclosure of Data The Contractor must ensure that all employees or Subcontractors who will have access to the Data described in this Contract (including both employees who will use the Data and IT support staff) are instructed and made aware of the use restrictions and protection requirements of this Contract before gaining access to the Data identified herein. The Contractor will also instruct and make any new employee aware of the use restrictions and protection requirements of this Contract before they gain access to the Data. The Contractor will ensure that each employee or Subcontractor who will access the Data signs the User Agreement on Non-Disclosure of Confidential Information, Attachment D hereto. The Contractor will retain the signed copy of the User Agreement on Non- Disclosure of Confidential Information in each employee's personnel file for a minimum of six years from the date the employee's access to the Data ends. The documentation must be available to HCA upon request. C. Penalties for Unauthorized Disclosure of Data State laws (including RCW 74.04.060 and RCW 70.02.020) and federal regulations (including HIPAA Privacy and Security Rules, 45 C.F.R. Part 160 and Part 164; Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R., Part 2; and Safeguarding Information on Applicants and Beneficiaries, 42 C.F.R. Part 431, Subpart F) prohibit unauthorized access, use, or disclosure of Confidential Information. Violation of these laws may result in criminal or civil penalties or fines. The Contractor accepts full responsibility and liability for any noncompliance by itself, its employees, and its Subcontractors with these laws and any violations of the Contract. 7. Data Shared with Subcontractors If Data access is to be provided to a Subcontractor under this Contract it will only be for the Permissible Use authorized by HCA and the Contractor must include all of the Data security terms, conditions and requirements set forth in this Attachment in any such Subcontract. In no Washington State 48 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B event will the existence of the Subcontract operate to release or reduce the liability of the Contractor to HCA for any Data Breach in the performance of the Contractor's responsibilities. 8. Audit A. At HCA's request or in accordance with OCIO 141.10, Contractor shall obtain audits covering Data Security and Permissible Use. Contractor may cover both the Permissible Use and the Data Security Requirements under the same audit, or under separate audits. The term, "independent third-party" as referenced in this section means an outside auditor that is an independent auditing firm. B. Data Security audits must demonstrate compliance with Data Security standards adopted by the Washington State Office of the Chief Information Officer (OCIO), and as set forth in Attachment B, Data Security Requirements. At a minimum, audit(s) must determine whether Data Security policies, procedures, and controls are in place to ensure compliance with all Data Security Requirements set forth herein and as required by state and federal law. C. Permissible Use Audits must demonstrate compliance with Permissible Use standards as set forth in this Contract and each Attachment A. Audit(s) must determine whether Permissible Use policies, procedures, and controls are in place to ensure compliance with all Permissible Use requirements in this Contract. D. HCA may monitor, investigate, and audit the use of Personal Information received by Contractor through this Contract. The monitoring and investigating may include the act of introducing data containing unique but false information (commonly referred to as "salting" or"seeding") that can be used later to identify inappropriate use or disclosure of Data. E. During the term of this Contract and for six (6) years following termination or expiration of this Contract, HCA will have the right at reasonable times and upon no less than five (5) business days prior written notice to access the Contractor's records and place of business for the purpose of auditing and evaluating the Contractor's compliance with this Contract and applicable laws and regulations. 9. Data Breach Notification and Obligations A. The Data Breach or potential compromise of Data shared under this Contract must be reported to the HCA Privacy Officer at PrivacyOfficer(a_hca.wa.gov within one (1) business day of discovery. B. If the Data Breach or potential compromise of Data includes PHI, and the Contractor does not have full details, it will report what information it has and provide full details within 15 business days of discovery. To the extent possible, these reports must include the following: i. The identification of each individual whose PHI has been or may have been improperly accessed, acquired, used, or disclosed; Washington State 49 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B ii. The nature of the unauthorized use or disclosure, including a brief description of what happened, the date of the event(s), and the date of discovery; iii. A description of the types of PHI involved; iv. The investigative and remedial actions the Contractor or its Subcontractor took or will take to prevent and mitigate harmful effects and protect against recurrence; V. Any details necessary for a determination of the potential harm to Clients whose PHI is believed to have been used or disclosed and the steps those Clients should take to protect themselves; and vi. Any other information HCA reasonably requests. C. The Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or HCA including but not limited to 45 C.F.R. Part 164 Subpart D; RCW 42.56.590; RCW 19.255.010; or WAC 284-04-625. D. If notification must, in the sole judgement of HCA, must be made Contractor will further cooperate and facilitate notification to necessary individuals, to the U.S. Department of Health and Human Services (DHHS) Secretary, and to the media. At HCA's discretion, Contractor may be required to directly perform notification requirements, or if HCA elects to perform the notifications, Contractor must reimburse HCA for all costs associated with notification(s). E. Contractor is responsible for all costs incurred in connection with a security incident, Data Breach, or potential compromise of Data, including: i. The reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients. ii. Computer forensics assistance to assess the impact of a Data Breach, determine root cause, and help determine whether and the extent to which notification must be provided to comply with Data Breach notification laws; iii. Notification and call center services, and other appropriate services (as determined exclusively by HCA) for individuals affected by a security incident or Data Breach, including fraud prevention, credit monitoring, and identify theft assistance; and iv. Regulatory defense, fines, and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security law(s) or regulation(s). V. Compensation to HCA clients for harms caused to them by any Data Breach or possible Data Breach. Washington State 50 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B F. Any Breach of this section may result in termination of the Contract and the demand for return or disposition, as described in Section CC6-3, of all HCA Data. G. Contractor's obligations regarding Data Breach notification survive the termination of this Contract and continue for as long as Contractor maintains the Data and for any Data Breach or potential compromise, at any time. 10. HIPAA Compliance This section of the Attachment is the Business Associate Agreement required by HIPAA. The Contractor is a "Business Associate" of HCA as defined by HIPAA. A. HIPAA Point of Contact. The point of contact for the Contractor for all required HIPAA-related reporting and notification communications from this Section 1ON-1 1f, HIPAA Compliance, and all required Data Breach notification communications from Section 9940, Data Breach Notification and Obligations, is: HCA Privacy Officer Washington State Health Care Authority 626 8th Avenue SE Olympia, WA 98504-2700 Telephone: (360) 725-1116 E-mail: PrivacyOfficer(@hca.wa.gov B. Compliance. Business Associate must perform all Contract duties, activities, and tasks in compliance with HIPAA, and all attendant regulations as promulgated by the U.S. Department of Health and Human Services, Office for Civil Rights, as applicable. C. Use and Disclosure of PHI. Business Associate is limited to the following permitted and required uses or disclosures of PHI: i. Duty to Protect PHI. Business Associate must protect PHI from, and will use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164, Security Standards for the Protection of Electronic Protected Health Information, with respect to ePHI, to prevent the unauthorized use or disclosure of PHI for as long as the PHI is within its possession and control, even after the termination or expiration of this Contract. ii. Minimum Necessary Standard. Business Associate will apply the HIPAA Minimum Necessary standard to any use or disclosure of PHI necessary to achieve the purposes of this Contract (45 C.F.R. § 164.514(d)(2) through (d)(5)). iii. Disclosure as Part of the Provision of Services. Business Associate will only use or disclose PHI as necessary to perform the services specified in this Contract or as required by law and will not use or disclose such PHI in any manner that would violate Subpart E of 45 C.F.R. 164, Privacy of Individually Identifiable Health Information, if done by Covered Entity, except for the specific uses and disclosures set forth below. Washington State 51 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B iv. Use for Proper Management and Administration. Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. V. Disclosure for Proper Management and Administration. Business Associate may disclose PHI for the proper management and administration of Business Associate, subject to HCA approval, or to carry out the legal responsibilities of Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. vi. Impermissible use or Disclosure of PHI. Business Associate must report to the contact identified in subsection AA-444, in writing, all uses or disclosures of PHI not provided for by this Contract within one business day of becoming aware of the unauthorized use or disclosure of PHI, including Data Breaches of unsecured PHI as required at 45 C.F.R. § 164.410, Notification by a Business Associate, as well as any Security Incident of which it becomes aware. Upon request by HCA, Business Associate will mitigate, to the extent practicable, any harmful effect resulting from the impermissible use or disclosure. vii. Failure to Cure. If HCA learns of a pattern or practice of Business Associate that constitutes a violation of the Business Associate's obligations under the terms of this Contract and reasonable steps by the Business Associate do not end the violation, HCA may terminate this Contract, if feasible. In addition, if Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate's obligations under the terms of their contract and reasonable steps by Business Associate do not end the violation, Business Associate must terminate the Subcontract, if feasible. viii. Termination for Cause. Business Associate authorizes immediate termination of this Contract by HCA, if HCA determines that Business Associate has violated a material term of this Business Associate Agreement. HCA may, at their sole option, offer Business Associate an opportunity to cure a violation of this Business Associate Agreement before exercising a termination for cause. ix. Consent to Audit. Business Associate must give reasonable access to PHI, its internal practices, records, books, documents, electronic data, and all other business information received from, or created or received by Business Associate on behalf of, HCA to the Secretary of DHHS and/or to HCA for use in determining compliance with HIPAA privacy requirements. Washington State 52 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B X. Obligations of Business Associate Upon Expiration or Termination. Upon expiration or termination of this Contract for any reason, with respect to PHI received from HCA, or created, maintained, or received by Business Associate or any Subcontractors on behalf of HCA, Business Associate must: 1. Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; 2. Return to HCA or destroy the remaining PHI that the Business Associate or any Subcontractors still maintain in any form; 3. Continue to use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164, Security Standards for the Protection of Electronic Projected Health Information, with respect to ePHI to prevent use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate or any Subcontractors retain the PHI. 4. Not use or disclose the PHI retained by the Business Associate or any Subcontractors other than for the purposes for which such PHI was retained and subject to the same conditions set out in subsection AAA, Use and Disclosure of PHI, that applied prior to termination; and 5. Return to HCA or destroy the PHI retained by Business Associate, or any Subcontractors, when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. A. Survival. The obligations of Business Associate under this section will survive the termination or expiration of this Contract. D. Individual Rights i. Accounting of Disclosures 1. Business Associate will document all disclosures, except those disclosures that are exempt under 45 C.F.R. § 164.528, of PHI and information related to such disclosures. 2. Within ten business days of a request from HCA, Business Associate will make available to HCA the information in Business Associate's possession that is necessary for HCA to respond in a timely manner to a request for an accounting of disclosures of PHI by the Business Associate (45 C.F.R. §§ 164.504(e)(2)(ii)(G) and 164.528(b)(1)). 3. At the request of HCA or in response to a request made directly to the Business Associate by an Individual, Business Associate will respond, in a timely manner and in accordance with HIPAA, to requests by Individuals for an accounting of disclosures of PHI. Washington State 53 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B 4. Business Associate record keeping procedures will be sufficient to respond to a request for an accounting under this section for the six years prior to the date on which the accounting was requested. E. Access i. Business Associate will make available PHI that it holds that is part of a Designated Record Set when requested by HCA or the Individual as necessary to satisfy HCA's obligations under 45 C.F.R. § 164.524, Access of Individuals to Protected Health Information. ii. When the request is made by the Individual to the Business Associate or if HCA asks the Business Associate to respond to a request, the Business Associate must comply with the requirements in 45 C.F.R. § 164.524, Access of Individuals to Protected Health Information, on form, time, and manner of access. When the request is made by HCA, the Business Associate will provide the records to HCA within ten business days. F. Amendment i. If HCA amends, in whole or in part, a record or PHI contained in an Individual's Designated Record Set and HCA has previously provided the PHI or record that is the subject of the amendment to Business Associate, then HCA will inform Business Associate of the amendment pursuant to 45 C.F.R. § 164.526(c)(3), Amendment of Protected Health Information. ii. Business Associate will make any amendments to PHI in a Designated Record Set as directed by HCA or as necessary to satisfy HCA's obligations under 45 C.F.R. § 164.526, Amendment to Protected Health Information. G. Subcontracts and other Third Party Agreements. In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii), 164.504(e)(1)(i), and 164.308(b)(2), Business Associate must ensure that any agents, Subcontractors, independent contractors, or other third parties that create, receive, maintain, or transmit PHI on Business Associate's behalf, enter into a written contract that contains the same terms, restrictions, requirements, and conditions as the HIPAA compliance provisions in this Contract with respect to such PHI. The same provisions must also be included in any contracts by a Business Associate's Subcontractor with its own business associates as required by 45 C.F.R. §§ 164.314(a)(2)(b) and 164.504(e)(5). H. Obligations. To the extent the Business Associate is to carry out one or more of HCA's obligation(s) under Subpart E of 45 C.F.R. Part 164, Privacy of Individually Identifiable Health Information, Business Associate must comply with all requirements that would apply to HCA in the performance of such obligation(s). I. Liability. Within ten business days, Business Associate must notify the contact identified in subsection AA44-4 of any complaint, enforcement, or compliance action initiated by the Office for Civil Rights based on an allegation of violation of Washington State 54 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B HIPAA and must inform HCA of the outcome of that action. Business Associate bears all responsibility for any penalties, fines, or sanctions imposed against the Business Associate for violations of HIPAA and for any imposed against its Subcontractors or agents for which it is found liable. J. Data Breach Notification. Data Breach Notification and Obligations are detailed in Section 9940. K. Miscellaneous Provisions i. Regulatory References. A reference in this Attachment to a section of HIPAA means the section as in effect or as amended. ii. Interpretation. Any ambiguity in this Attachment will be interpreted to permit compliance with the HIPAA. 11. Data Breach Response Insurance Requirements For the term of this Contract and 3 years following its termination or expiration, Contractor must maintain insurance to cover costs incurred in connection with a security incident, Data Breach, or potential compromise of Data, including: A. Computer forensics assistance to assess the impact of a Data Breach, determine root cause, and help determine whether and the extent to which notification must be provided to comply with Data Breach notification laws; B. Notification and call center services for individuals affected by a security incident, or Data Breach; C. Data Breach resolution and mitigation services for individuals affected by a security incident or Data Breach, including fraud prevention, credit monitoring, and identity theft assistance; and D. Regulatory defense, fines, and penalties from any claim in the form of a regulatory proceeding resulting from a violation of any applicable privacy or security law(s) or regulation(s). 12. Survival Clauses The terms and conditions contained in this Attachment that by their sense and context are intended to survive the expiration or other termination of this Attachment must survive. Surviving terms include but are not limited to: Constraints on Use of Data/Limited License, Security of Data, Data Confidentiality and Non-Disclosure, Audit, HIPAA Compliance, Data Breach Notification and Obligations and Data Breach Response Coverage Requirements. Washington State 55 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Schedule B Attachment All: Data Licensing Statement 1. Justification and Authority for Data Sharing The Data to be shared under this DSA are necessary for the CJTA Programmatic Treatment Report, Attachment 2. The Data will be submitted directly into the Behavioral Health Data System (BHDS). 2. Purpose / Use / Description of Data The purpose of this Attachment is to provide terms and conditions under which HCA will allow the restricted use of its Data to the Contractor, and under which the Contractor may receive and use the Data. This Attachment ensures that HCA Data is provided, protected, and used only for purposes authorized by state and federal law governing such Data use. The scope of this Attachment only provides the Contractor with access and Permissible Use of Data; it does not establish an agency relationship or independent contractor relationship between HCA and the Contractor. A. Permissible Use: Contractor may only use the Data for the purposes of performing the duties under this Contract. B. File Layout: The Parties will exchange Data using the mutually agreed upon file layouts below. The Parties may edit and/or change the File Layout as considered necessary. i. Method of Access/Transfer: Once an established Managed Data Transfer connection with the host computer at Contractor's location is confirmed, HCA will provide Data listed in File Layout list below, to Contractor. ii. Delivery Method: Managed File Transfer iii. Frequency of Data Delivery: HCA will receive Data quarterly. iv. Costs: N/A V. Description of Shared data is attached as Attachment 2, Quarterly Progress Report Template. Washington State 56 HCA Contract#K7098 Health Care Authority Schedule B Attachment B: Data Security Requirements 2. Definitions In addition to the definitions set out in the Data Use, Security, and Confidentiality Attachment, the definitions below apply to this Attachment. A. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. i. Passwords for external authentication must be a minimum of 10 characters long. ii. Passwords for internal authentication must be a minimum of 8 characters long. iii. Passwords used for system service or service accounts must be a minimum of 20 characters long. B. "Portable/Removable Media" means any data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). C. "Portable/Removable Devices" means any small computing device that can be transported, including but not limited to: handhelds/PDAs/Smartphones; Ultramobile PCs, flash memory devices (e.g. USB flash drives, personal media players); and laptop/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. D. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. E. "Transmitting" means the transferring of data electronically, such as via email, SFTP, webservices, AWS Snowball, etc. F. "Trusted System(s)" means the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail, or Registered Mail; (3) commercial delivery services (e.g. Fed Ex, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. G. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 3. Data Transmission A. When transmitting HCA's Confidential Information electronically, including via email, the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. Washington State 57 HCA Contract#K7098 Health Care Authority Schedule B B. When transmitting HCA's Confidential Information via paper documents, the Contractor must use a Trusted System and must be physically kept in possession of an authorized person. 4. Protection of Data The Contractor agrees to store and protect Confidential Information as described: A. Data at Rest: i. Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data. Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. B. Data stored on Portable/Removable Media or Devices: i. Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. ii. HCA's data must not be stored by the Contractor on Portable Devices or Media unless specifically authorized within the Contract. If so authorized, the Contractor must protect the Data by: a) Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; b) Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; c) Keeping devices in locked storage when not in use; d) Using check-in/check-out procedures when devices are shared; e) Maintain an inventory of devices; and C. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. D. Paper documents. Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 5. Data Segregation HCA's Data received under this Contract must be segregated or otherwise distinguishable from non- HCA Data. This is to ensure that when no longer needed by the Contractor, all of HCA's Data can be identified for return or destruction. It also aids in determining whether HCA's Data has or may have been compromised in the event of a security breach. A. HCA's Data must be kept in one of the following ways: Washington State 58 HCA Contract#K7098 Health Care Authority Schedule B i. on media (e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data; or ii. in a logical container on electronic media, such as a partition or folder dedicated to HCA's Data; or iii. in a database that will contain only HCA Data; or iv. within a database and will be distinguishable from non-HCA Data by the value of a specific field or fields within database records; or V. when stored as physical paper documents, physically segregated from non-HCA Data in a drawer, folder, or other container. B. When it is not feasible or practical to segregate HCA's Data from non-HCA data, then both HCA's Data and the non-HCA data with which it is commingled must be protected as described in this Attachment. C. Contractor must designate and be able to identify all computing equipment on which they store, process and maintain HCA Data. No Data at any time may be processed on or transferred to any portable storage medium. Laptop/tablet computing devices are not considered portable storage medium devices for purposes of this Contract provided it is installed with end-point encryption. 6. Data Disposition A. Consistent with Chapter 40.14 RCW, Contractor shall erase, destroy, and render unrecoverable all HCA Confidential Data and certify in writing that these actions have been completed within thirty (30) days of the disposition requirement or termination of this Contract, whichever is earlier. At a minimum, media sanitization is to be performed according to the standards enumerated by NIST SIP 800-88r1 Guidelines for Media Sanitization. B. For HCA's Confidential Information stored on network disks, deleting unneeded Data is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 44-3, above. Destruction of the Data as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. 7. Network Security Contractor's network security must include the following: A. Network firewall provisioning; B. Intrusion detection; C. Quarterly vulnerability assessments; and D. Annual penetration tests. 8. Application Security Contractor must maintain and support its software and subsequent upgrades, updates, patches, and bug fixes such that the software is, and remains secure from known vulnerabilities. 9. Computer Security Washington State 59 HCA Contract#K7098 Health Care Authority Schedule B Contractor shall maintain computers that access Data by ensuring the operating system and software are updated and patched monthly, such that they remain secure from known vulnerabilities. Contractor computer device(s) must also be installed with an Anti-Malware solution and signatures updated no less than monthly. 10. Offshoring A. Contractor must maintain all hardcopies containing Confidential Information only from locations in the United States. B. Contractor may not directly or indirectly (including through Subcontractors) transport any Data, hardcopy or electronic, outside the United States unless it has advance written approval from HCA. Washington State 60 HCA Contract#K7098 Health Care Authority Schedule B Attachment C: HCA Small Numbers Standard 1. Why do we need a Small Numbers Standard? It is the Washington State Health Care Authority's (HCA) legal and ethical responsibility to protect the privacy of its clients and members. However, HCA also supports open data and recognizes the ability of information to be used to further HCA's mission and vision. As HCA continues down the path of Data Governance maturity, establishing standards such as this is key in helping HCA analysts and management meet the needs of external data requestors while maintaining the trust of our clients and members and complying with agency, state and federal laws and policies. Publishing data products that include small numbers creates two concerns. As a reported number gets smaller, the risk of re-identifying an HCA client or member increases. This is especially true when a combination of variables are included in the data product to arrive at the small number (e.g. location, race/ethnicity, age, or other demographic information). Small numbers can also create questions around statistical relevance. When it comes to publicly posting data products on HCA's internet site, or sharing outside the agency, the need to know the exact value in a cell that is less than 11 must be questioned. As the agency moves away from traditional, static reports to a dynamic reporting environment (e.g. Tableau visualizations), it is easier for external data consumers to arrive at small numbers. Further, those external consumers have an increasing amount of their own data that could be used to re-identify individuals. As a result, more rigor and a consistent approach needs to be in place to protect the privacy of HCA's clients and members. Until now, some HCA data teams have elected to follow small numbers guidelines established by the Department of Health, which include examples of suppression methods for working with small numbers. HCA is now establishing its own standard, but is planning to work with DOH and other agencies dealing with healthcare data to try and develop a consistent small numbers methodology at a statewide level. 2. Scope HCA often uses Category 4 data to create summary data products for public consumption. This Standard is intended to define one of the requirements for a summary data product to be considered Category 1. Specifically, it is intended to define the level of suppression that must be applied to an aggregated data product derived from Category 4 data for the data product to qualify as Category 1. Category 1 products are data products that are shared external to the agency, in large part those products that are posted on HCA's Internet website (www.hca.wa.gov). The primary scope of this Standard is for those data products posted publicly (e.g. on the website), or, shared as public information. The following are examples of when this Standard does not apply to data products are: A. Those shared directly with an external entity outside HCA, the Standard suppression of small numbers would not be required. However, you should notify the recipient that the data products contain sensitive information and should not be shared or published. B. Those exchanged under a data share agreement (DSA) that will not be posted or shared outside the Contractor. C. Those created for HCA-only internal use. This standard does not supersede any federal and state laws and regulation. Washington State 61 HCA Contract#K7098 Health Care Authority Schedule B 3. Approach In 2017, an impromptu workgroup was formed to tackle the issue of small numbers and determine what the general approach for handling data products that contain them would be. This initial effort was led by the agency's Analytics, Interoperability and Measurement (AIM) team who had an immediate need for guidance in handling and sharing of data products containing small numbers. The result of that work was a set of Interim Small Numbers Guidelines, which required suppression of cells containing values of less than 10. In addition, data products that contain small numbers are considered Category 2 under HCA's Data Classification Guidelines. In spring 2018, a new cross-divisional and chartered Small Numbers Workgroup was formed to develop a formal agency standard. Representatives from each of the major HCA divisions that produce data and analytic products were selected. The charter, complete with membership, can be found here (available to internal HCA staff only). The Workgroup considered other state agency standards, and national standards and methods when forming this standard. The Workgroup also consulted business users and managers to determine the potential impact of implementing a small numbers suppression standard. All of this information was processed and used to form the HCA Small Numbers Standard. 4. State and National Small Numbers Standards Considered When developing these standards, HCA reviewed other organizations' small numbers standards at both a state and federal level. At the state level, DOH recently published a revised Small Numbers Standard, which emphasizes the need for suppression for both privacy concerns and statistical relevance. HCA also convened a meeting of other state agencies to discuss their approach and policies (if any) around Small Numbers. Feedback from that convening was also taken into consideration for this Standard as well. Federal health organizations such as the Centers for Disease Control and Prevention (CDC) and the National Center for Health Statistics (NCHS) also maintain small numbers standards. HCA's federal oversight agency and funding partner, the Centers for Medicare and Medicaid Services (CMS) adopts suppression of any cell with a count of 10 or less. 5. WA Health Care Authority Small Numbers Standard Any HCA external publication of data products are to be compliant with both HIPAA and Washington State privacy laws. Data products are not to contain small numbers that could allow re-identification of individual beneficiaries. HCA analysts are to adhere to the following requirements when developing Category 1 data products for distribution and publication. Category 1 data is information that can be released to the public. These products do not need protection from unauthorized disclosure but do need integrity and availability protection controls. Additionally, all contractors (state and private) that use HCA's data to produce derivative reports and data products are required to adhere to this standard as well. HCA's Contracts team will ensure that proper contractual references are included to this and all HCA Data Release and Publishing Standards. The requirements discussed herein are not intended for Category 2, Category 3, or Category 4 data products. 6. HCA's Small Number Standard: A. There are no automatic exemptions from this standard B. (See Exception Request Process section below) C. Standard applies for all geographical representations, including statewide. D. Exceptions to this standard will be considered on a case-by-case basis (see Exception Request Process section later in this document for more information). Washington State 62 HCA Contract#K7098 Health Care Authority Schedule B E. Ensure that no cells with 0 < n < 11 are reported (0 < n < 11 suppressed) F. Apply a marginal threshold of 1 - 10 and cell threshold of 1 - 10 to all tabulations G. (0 < n < 11 suppressed). H. To protect against secondary disclosure, suppress additional cells to ensure the primary suppressed small value cannot be recalculated. I. Suppression of percentages that can be used to recalculate a small number is also required. J. Use aggregation to prevent small numbers but allow reporting of data. Age ranges are a very good example of where aggregation can be used to avoid small numbers but avoid suppressing data (see example below). 7. Small Numbers Examples A. Example (Before Applying Standard) Client Gender County Accountable Community of Health (ACH) Statewide Male 6 8 14 Female 11 15 26 TOTAL 17 23 40 B. Example (After Applying Standard) Client Gender County ACH Statewide Male --- --- 14 Female 11 15 26 TOTAL --- --- 40 In order to protect the privacy of individuals, cells in this data product that contain small numbers from 1 to 10 are not displayed. The above examples show in order to comply with the standard, analysts must not only suppress directly those cells where n < 11, but also in this case secondary suppression is necessary of the county and ACH totals in order to avoid calculation of those cells that contained small numbers. C. Example (Suppression with no aggregation) Age County ACH Statewide Range 0-3 5 (would be suppressed) 8 (would be suppressed) 13 (would be suppressed) 4-6 7 (would be suppressed) 18 25 (would be suppressed) 15 23 38 Washington State 63 HCA Contract#K7098 Health Care Authority Schedule B 10-12 24 33 57 TOTAL 51 (would be suppressed) 82 (would be suppressed) 133 D. Example (Using aggregation instead of suppression) Age Range County ACH Statewide 0-6 12 26 38 7-9 15 23 38 10-12 24 33 57 TOTAL 51 82 133 The above examples provide guidance for using aggregation to avoid small number suppression and still provide analytic value to the end user. Aggregation is an excellent method to avoid presenting information with many holes and empty values. Washington State 64 HCA Contract#K7098 Health Care Authority Schedule B Attachment D: User Agreement on Non-Disclosure of Confidential Information (To Be Signed by Each Individual User with Access to Confidential HCA Data) Your organization has entered into a Data Share Agreement with the state of Washington Health Care Authority(HCA)that will allow you access to data and records that are deemed Confidential Information as defined below. Prior to accessing this Confidential Information you must sign this User Agreement on Non-Disclosure of Confidential Information. Confidential Information "Confidential Information"means information that is exempt from disclosure to the public or other unauthorized persons under Chapter 42.56 RCW or other federal or state laws. Confidential Information includes, but is not limited to, Protected Health Information and Personal Information. For purposes of the pertinent Data Share Agreement, Confidential Information means the same as"Data." "Protected Health Information"means information that relates to:the provision of health care to an individual;the past, present, or future physical or mental health or condition of an individual; or the past, present or future payment for provision of health care to an individual and includes demographic information that identifies the individual or can be used to identify the individual. "Personal Information"means information identifiable to any person, including, but not limited to, information that relates to a person's name, health,finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, credit card numbers, any other identifying numbers, and any financial identifiers. Regulatory Requirements and Penalties State laws (including, but not limited to, RCW 74.04.060, RCW 74.34.095, and RCW 70.02.020)and federal regulations(including, but not limited to, HIPAA Privacy and Security Rules, 45 C.F.R. Part 160 and Part 164; Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R., Part 2;and Safeguarding Information on Applicants and Beneficiaries,42 C.F.R. Part 431, Subpart F) prohibit unauthorized access, use, or disclosure of Confidential Information. Violation of these laws may result in criminal or civil penalties or fines. User Assurance of Confidentiality In consideration for HCA granting me access to the Confidential Information that is the subject of this Agreement, I agree that I: Will access,use,and disclose Confidential Information only in accordance with the terms of this Agreement and consistent with applicable statutes, regulations,and policies. Have an authorized business requirement to access and use the Confidential Information. Will not use or disclose any Confidential Information gained by reason of this Agreement for any commercial or personal purpose,or any other purpose that is not directly connected with this Agreement. Will not use my access to look up or view information about family members,friends,the relatives or friends of other employees,or any persons who are not directly related to my assigned job duties. Will not discuss Confidential Information in public spaces in a manner in which unauthorized individuals could overhear and will not discuss Confidential Information with unauthorized individuals,including spouses,domestic partners,family members,or friends. Will protect all Confidential Information against unauthorized use,access,disclosure,or loss by employing reasonable security measures,including physically securing any computers,documents,or other media containing Confidential Information and viewing Confidential Information only on secure workstations in non-public areas. Will not make copies of Confidential Information or print system screens unless necessary to perform my assigned job duties and will not transfer any Confidential Information to a portable electronic device or medium,or remove Confidential Information on a portable device or medium from facility premises,unless the information is encrypted and I have obtained prior permission from my supervisor. Will access,use or disclose only the"Minimum Necessary"Confidential Information required to perform my assigned job duties. Will not distribute,transfer,or otherwise share any software with anyone. Will forward any requests that I may receive to disclose Confidential Information to my supervisor for resolution and will immediately inform my supervisor of any actual or potential security breaches involving Confidential Information,or of any access to or use of Confidential Information by unauthorized users. Understand at any time,HCA may audit,investigate,monitor,access,and disclose information about my use of the Confidential Information and that my intentional or unintentional violation of the terms of this Agreement may result in revocation of privileges to access the Confidential Information,disciplinary actions against me,or possible civil or criminal penalties or fines. Understand that my assurance of confidentiality and these requirements will continue and do not cease at the time I terminate my relationship with my employer. Signature Print User's Name User Signature Date Washington State 65 HCA Contract#K7098 Health Care Authority Schedule B Attachment E: Certification of Destruction/Disposal of Confidential Information (To Be Filled Out and Returned to HCA Upon Termination of Contract) NAME OF CONTRACTOR: CONTRACT#: (Contractor) herby certifies that the data elements listed below or attached, received as a part of the data provided in accordance with DSA have been: ❑ DISPOSED OF/DESTROYED ALL COPIES You certify that you destroyed, and returned if requested by HCA, all identified confidential information received from HCA, or created, maintained, or received by you on behalf of HCA. You certify that you did not retain any copies of the confidential information received by HCA. Description of Information Disposed of/ Destroyed: Date of Destruction and/or Return: Method(s) of destroying/disposing of Confidential Information: Disposed of/Destroyed by: Signature Date Printed Name: Title: Washington State 66 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Attachment 2 ATTACHMENT 2: QUARTERLY PROGRESS REPORT TEMPLATE CRIMINAL JUSTICE TREATMENT ACCOUNT REPORTQUARTERLY PROGRESS Please respond to each question and submit as a separate attachment with your quarterly R&E Report to: tony.walton@hca.wa.gov Report Quarter ❑July 2023 to September 2023 ❑October 2023 to December 2023 ❑January 2024 to March 2024❑April 2024 to June 2024 Name of County completing Report: Click or tap here to enter text. Please enter your status for each item, if item is incomplete please list your plan of correction (POC) including actions to be taken and target date for completion. 1. Contractor entered all encounters and supplemental transactions funded by CJTA into the "CJTA Provider Entry Workbook"? ❑Yes ❑No If no, please enter POC. 2. County submitted the CJTA Programmatic Treatment Report through the Managed File Transfer? ❑Yes ❑No If no, please enter POC. 3. County submitted the Quarterly Revenue and Expenditure Report? ❑Yes ❑No If no, please enter POC. Washington State 67 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Attachment 2 4. County has made attempts to expand access to Recovery Support Services for the intended population? ❑Yes El No If no, please enter POC. 5. CJTA funding provides services for individual in a Therapeutic Court Program? ❑Yes ❑No If Yes, please indicate the number of individuals who were admitted into the program during this quarter who are receiving medication assisted treatment or medications for opioid use disorder: If Yes, please indicate what medications the individuals admitted into the program during this quarter are receiving(e.g. Buprenorphine, Methadone, Naltexone): 6. Is there any indication that the Therapeutic Court programs benefitting from CJTA are denying access to, or requiring titration from, any medications for opioid use disorder? ❑Yes ❑No Please enter any additional comments here: 7. CJTA funding used in the local, county, city, or tribal Jail? ❑Yes ❑No If Yes, please indicate any barriers to providing treatment services and transitioning individuals into the community: 8. List any other significant accomplishments. 9. List any training or technical assistance needs. 10. Summarize any barrier(s) encountered and plans to overcome the barrier(s)with timeline. 11. Please include any other comments you would like to convey to the HCA Contract Manager: Washington State 68 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Attachment 2 Completed By: Date: Washington State 69 CJTA Funded Treatment and Recovery Support Health Care Authority HCA Contract K7098 Attachment 2 ATTACHMENT 3: QUARTERLY REVENUE AND EXPENDITURE REPORT TEMPLATE CJTA Revenue & Expenditure Report County Name [Month] - [Month] [Year] EVENUES AMOUNT Non-Medicaid Revenues Criminal Justice Treatment Acct(CJTA) State Drug Court(CJTA) TOTAL REVENUES $ - AMOUNT Number EXPENDITURES - Substance Use Disorder Served Assessment(to include assessments done while in jail) Interim Services Community Outreach Brief Intervention (Any level,assessment not required) Acute Withdrawal Management(Detoxification) Involuntary Commitment Investigations and Treatment Sub-Acute Withdrawal Management(Detoxification) Outpatient Treatment(Group or Individual) Intensive Outpatient Treatment Opiate Substitution Treatment Case Management Urinalysis Room and Board(Residential Treatment only) Intensive Inpatient Residential Treatment Services Long-Tem Care Residential Treatment Services Recovery House Residential Treatment Services Treatment in the jail (8 Sessions) Recovery Support Services Administration-10% Maximum Transportation Childcare Services TOTAL EXPENDITURES $ - - Washington State 70 HCA Contract#K7098 Health Care Authority Schedule B Additional Required Reporting: CJTA Amount Adult Youth PPW Total $ - Discrepancy $ - CJTA-Minimum 30%Innovative $ - 100 Match Contracted Directly with Courts $0.00 $0.00 Washington State 71 HCA Contract#K7098 Health Care Authority Schedule B • MASON COUNTY rTi Public Health & Human Services Briefing September 25, 2023 Briefing Items Hepatitis C oversight and education contract w/Wendy Wong—Dave Windom Law Enforcement Assisted Diversion(LEAD)Program—Melissa Casey WIC Coordinator/Certifier Classification—Melissa Casey National Estuary Program Funds through Mason Conservation District—Ian Tracy C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom Ext. 260 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): Sept 25,2023 Agenda Date: Sept 12,2023 Internal Review: ❑ Finance X❑ 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• Contract for Treatment of Hepatitis C Background/Executive Summary: Foundational Public Health Services funding supplied to Mason County Public Health and Human Services provides $104,000 for the treatment of Hepatitis C in Mason County. We are looking to contract these services out to Wendy Wong,RPh on a fee-for-service basis. Budget Impact(amount, funding source,budget amendment): Funding currently exists for this function within the FPHS portion of the consolidated contract. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the contract with Wendy Wong to provide oversight and education as the Hepatitis C Pharmaceutical Provider for Mason County Public Health. Attachments Contract Mason County Pharmaceutical Consultant Contract This Agreement is between Mason County Public Health (known as MCPH) and Wendy Wong, RPh (known as Provider) 2937 Lybarger St SE, Olympia, WA 98501 1. Services to be Provided The Provider will provide oversight and education as the Hepatitis C pharmaceutical Provider for Mason County Public Health (MCPH). 2. Compensation In consideration for the services performed MCPH agrees to pay $125 per hour for up to ten (10) hours per week for providing medical oversight. The Provider will be paid on the fifteenth (15t") of each month for the hours submitted of each month for the previous month. Billing from the provider is due no later than the fifth (5t") of each month. 3. Medical License The Provider will, at their own cost, maintain their Medical License in good standing and will report any changes to their license to MCPH. 4. Insurance With respect to the performance of work under this Agreement, Provider shall maintain and provide proof of Professional Liability Insurance in an amount of no less than $1 ,000,000 combined single limit for each occurrence. This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the COUNTY. Prior to the execution of this Agreement, Provider shall provide proof of coverage by providing a copy of the Certificate of Insurance clearly evidencing all coverage's, limits and endorsements required above.. 5. Term of Agreement This agreement will become effective on September 1 , 2023, and will stay in effect until 30 days' notice by either the Provider or MCPH. 6. Background Check By signing this Agreement, I authorize MCPH to run a background check. 7. Contractor Relationship to CRC The Provider's relationship to the MCPH in the performance of this agreement is that of an independent Provider and not as an agent, employee, or representative of the MCPH. As an independent Provider, the Provider will not receive employee benefits. 8. Defense and Indemnity Contract: Indemnification by PROVIDER. To the fullest extent permitted by law, PROVIDER agrees to indemnify, defend and hold Mason 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 therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the PROVIDER, its employees, agents or volunteers or PROVIDER'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 PROVIDER's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of PROVIDER 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 PROVIDER 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 PROVIDER hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the PROVIDER are a material inducement to COUNTY to enter into this CONTRACT, are reflected in PROVIDER'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 PROVIDER's indemnity obligations under this CONTRACT. Survival of PROVIDER's Indemnity Obligations. PROVIDER agrees all PROVIDER's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the PROVIDER enters into subcontracts to the extent allowed under this CONTRACT, PROVIDER's subcontractors shall indemnify COUNTY on a basis equal to or exceeding PROVIDER's indemnity obligations to COUNTY. Signatures Mason County Public Health: Printed Name, Title Date Signature Provider: Printed Name Date Signature Provider Taxpayer ID Number: 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): 9/25/23 Agenda Date: 10/10/23 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• Law Enforcement Assisted Diversion(LEAD)Program-Health Care Authority Contract&Agency Subcontract Background/Executive Summary: The purpose of this contract is to provide intensive case management services to individuals recently arrested and/or at high risk for arrest,through the expansion of the Washington State Law Enforcement Assisted Diversion(LEAD)Program. Olympic Health and Recovery Services will operate as the Behavioral Health Agency for Mason County's LEAD Program coordinated by Public Health&Human Services. This program will divert willing individuals known to commit offenses related to behavioral health conditions including substance use disorder,to social service providers in lieu of jail booking and prosecution,and will coordinate filed cases with individual intervention plans formulated by LEAD case managers in consultation with program participants. Budget Impact(amount, funding source,budget amendment): $1,098,950 total contract amount from Washington State Health Care Authority; $935,000 pass through to subcontractor and$163,950 retained for Mason County Admin Public Outreach(news release,community meeting, etc.): N/A Requested Action: Approval of HCA Contract K7135 and subcontract with Olympic Health &Recovery Services Attachments HCA Contract Number: K7135 OHRS LEAD 2023-2025 Subcontract INTERAGENCY AGREEMENT HCA Contract Number: K7135 Washington State for Health Care uthority LEAD Program Expansion Services THIS AGREEMENT is made by and between Washington State Health Care Authority (HCA) and Mason County Community Service (Contractor), pursuant to the authority granted by Chapter 39.34 RCW. I CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) IMason County Public Health and Human Services n/a CONTRACTOR Street Citv State Zio Code 415 N 6th St. Shelton WA 1 98584 CONTRACTOR CONTRACT MANAGER CONTRACTOR CONTRACTOR E-MAIL Melissa Casey (360) 427-9670 Ext 404 mcasey@masoncountywa.gov HCA PROGRAM HCA DIVISION/SECTION Adult Substance Use Disorder Division of Behavioral Health and Recovery (DBHR) HCA CONTRACT MANAGER NAME AND TITLE HCA CONTRACT MANAGER ADDRESS Ryan Keith, Contract Manager Health Care Authority 626 8th Avenue SE Olympia, WA 98504 HCA CONTRACT MANAGER TELEPHONE HCA CONTRACT MANAGER E-MAIL (360) 725-5237 Ryan.keith@hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2023 June 30, 2025 $1,098,950 PURPOSE OF CONTRACT: Provide intensive case management services to individuals recently arrested and/or at high risk for arrest, through the expansion of the Washington State Law Enforcement Assisted Diversion (LEAD) Program. The parties signing below warrant that they have read and understand this Contract, and have authority to execute this Contract. This Contract will be binding on HCA only upon signature by both parties. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Washington State Page 1 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 1. DEFINITIONS "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of the person's authority. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. "Contract" or "Agreement" means the entire written agreement between HCA and the Contractor, including any exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail (electronic mail) or fax (facsimile) transmission of a signed copy of this contract shall be the same as delivery of an original. Contract and Agreement may be used interchangeably. "Contractor" means its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Agreement. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Agreement. "Data" means information disclosed, exchanged or used by Contractor in meeting requirements under this Agreement. Data may also include Confidential Information as defined in this Contract. "Division of Behavioral Health and Recovery" or "DBHR" means a Division within the Health Care Authority that provides funding, training, and technical assistance to community-based providers for prevention, intervention, treatment, and recovery support services to people in need. "Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Julota" means a case management electronic record system. "Law Enforcement Assisted Diversion" (LEAD) or "Program" means a registered trademark referring to the LEAD Program developed by the Seattle King County Policy Coordinating Group. The LEAD Program is managed by the Public Defenders Association and is recognized as an evidence-based practice in the Washington Medicaid Waiver Toolkit and falls under the Office of Justice Programs standards for evidence-based practices. Washington State Page 2 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 "National Support Bureau" or "NSB" means project of the Public Defender Association. The LEAD NSB will be providing strategic guidance and technical assistance to the pilot sites developing LEAD Programs under this Agreement, including providing guidance on implementation with a commitment to the LEAD Programs core principles. "Public Defender Association" or "PDA" means the agency that will provide technical assistance for the LEAD site selection, implementation, and evaluation. "Services" means all work performed or provided by Contractor pursuant to this Contract. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is attached as Schedule A. "Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Agreement under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. Washington State Page 3 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 2. STATEMENT OF WORK Contractor will furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of work set forth in Schedule "A" 3. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Contract will commence on July 1, 2023, and be completed on June 30, 2025, unless terminated sooner or extended upon written agreement between the parties. 4. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $1,098,950. Payment for satisfactory performance of the work will not exceed this amount unless the parties mutually agree to a higher amount. Compensation for services will be based on the following rates or in accordance with the following terms, or as set forth in accordance with the budget in Schedule "A". 5. BILLING PROCEDURE Contractor must submit accurate invoices to the following address for all amounts to be paid by HCA via e-mail to: acctspay(d)_hca.wa.gov. Include the HCA Contract number in the subject line of the email. Invoices must describe and document to HCA's satisfaction a description of the work performed, the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed breakdown of each type. Any single expense in the amount of$50.00 or more must be accompanied by a receipt in order to receive reimbursement. All invoices will be reviewed and must be approved by the Contract Manager or designee prior to payment. Contractor must submit properly itemized invoices to include the following information, as applicable: a. HCA Contract number[Enter HCA Contract#]; b. Contractor name, address, phone number; c. Description of Services; d. Date(s) of delivery; e. Net invoice price for each item; f. Applicable taxes; Washington State Page 4 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 g. Total invoice price; and h. Payment terms and any available prompt payment discount. Contractor will return incorrect or incomplete invoices for correction and reissue. The Agreement number must appear on all invoices, bills of lading, packages, and correspondence relating to this Agreement. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed invoices. Payment will be directly deposited in the bank account or sent to the address Contractor designated in this Agreement. Upon expiration or termination any claims for payment for costs due and payable under this Agreement that are incurred prior to the expiration date must be submitted by Contractor within sixty (60) calendar days after the expiration date. There will be no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the expiration date ("Belated Claims"). Belated Claims will be paid at HCA's sole discretion, and any such potential payment is contingent upon the availability of funds. 6. ACCESSIBILITY REQUIREMENTS AND STANDARDS. Each information and communication technology (ICT) product or service furnished under this Contract shall be accessible to and usable by individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and other applicable Federal and State laws and policies, including OCIO Policy 188, et seq. For purposes of this clause, Contractor shall be considered in compliance with the ADA and other applicable Federal and State laws if it satisfies the requirements (including exceptions) specified in the regulations implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria. DOCUMENTATION. Contractor shall maintain and retain, subject to review by HCA, full documentation of the measures taken to ensure compliance with the applicable requirements and functional performance criteria , including records of any testing or simulations conducted. REMEDIATION. If the Contractor claims that its products or services satisfy the applicable requirements and standards specified in this Section and it is later determined by HCA that any furnished product or service is not in compliance with such requirements and standards, HCA will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost to HCA, repair or replace the non-compliant products or services within the period specified by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the contract, delivery, task order, or work order, or purchase line item without termination liabilities or have any necessary changes made or repairs performed by employees of HCA or by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby. Washington State Page 5 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 DEFINITION. Information and Communication Technology (ICG) means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples include computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; websites; videos; and electronic documents. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim arising out of failure to comply with the aforesaid requirements. 7. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments are not binding unless they are in writing and signed by an Authorized Representative of each party. 8. SUBCONTRACTING Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Agreement without obtaining HCA's prior written approval. HCA shall have no responsibility for any action of any such Subcontractors. 9. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent will not be unreasonably withheld. 10. CONTRACT MANAGEMENT The Contract Manager for each of the parties, named on the face of this Contract, will be responsible for and will be the contact person for all communications and billings regarding the performance of this Agreement. Either party must notify the other party within thirty(30) days of change of Contract Management. Changes in Contract Management shall require an amendment. 11. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 12. DISPUTES Washington State Page 6 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 In the event that a dispute arises under this Agreement, it will be determined by a Dispute Board in the following manner: Each party to this Agreement will appoint one member to the Dispute Board. The members so appointed will jointly appoint an additional member to the Dispute Board. The Dispute Board will review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board will thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board will be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 13. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement will be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: 13.1. Applicable state and federal statutes and rules; 13.2. Schedule A, Statement of Work; and 13.3. Any other provisions of the agreement, including materials incorporated by reference. 14. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement will not be considered for any purpose to be employees or agents of the other party. 15. RECORDS MAINTENANCE The parties to this Agreement will each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records will be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties will have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable Washington State Page 7 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 16. TREATMENT OF ASSETS 16.1. Ownership HCA shall retain title to all property furnished by HCA to Contractor under this contract. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to reimbursement as a direct item of cost under this contract, excluding intellectual property provided by the Contractor, shall pass to and vest in HCA upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in HCA upon (i) issuance for use of such property in the performance of this Contract, (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by HCA, in whole or in part, whichever occurs first. 16.2. Use of Property Any property furnished to Contractor shall, unless otherwise provided herein, or approved in writing by the HCA Contract Manager, be used only for the performance of and subject to the terms of this Contract. Contractor's use of the equipment shall be subject to HCA's security, administrative and other requirements. 16.3. Damage to Property Contractor shall continuously protect and be responsible for any loss, destruction, or damage to property which results from or is caused by Contractor's acts or omissions. Contractor shall be liable to HCA for costs of repair or replacement for property or equipment that has been lost, destroyed or damaged by Contractor or Contractor's employees, agents or subcontractors. Cost of replacement shall be the current market value of the property and equipment on the date of the loss as determined by HCA. 16.4. Notice of Damage Upon the loss of, destruction of, or damage to any of the property, Contractor shall notify the HCA Contract Manager thereof within one (1) Business Day and shall take all reasonable steps to protect that property from further damage. 16.5. Surrender of Property Contractor will ensure that the property will be returned to HCA in like condition to that in which it was furnished to Contractor, reasonable wear and tear excepted. Contractor shall surrender to HCA all property upon the earlier of expiration or termination of this Contract. 17. RIGHTS IN DATA Washington State Page 8 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 Unless otherwise provided, data which originates from this Agreement will be "works for hire" as defined by the U.S. Copyright Act of 1976 and will be owned by HCA. Data will include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. 18. CONFIDENTIALITY Each party agrees not to divulge, publish or otherwise make known to unauthorized persons confidential information accessed under this Agreement. Contractor agrees that all materials containing confidential information received pursuant to this Agreement, including, but not limited to information derived from or containing patient records, claimant file and medical case management report information, relations with HCA's clients and its employees, and any other information which may be classified as confidential, shall not be disclosed to other persons without HCA's written consent except as may be required by law. 19. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference will be held invalid, such invalidity will not affect the other provisions of this Agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 20. FUNDING AVAILABILITY HCA's ability to make payments is contingent on funding availability. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, HCA, at its sole discretion, may elect to terminate the Agreement, in whole or part, or to renegotiate the Agreement subject to new funding limitations and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines the funding insufficiency is resolved. HCA may exercise any of these options with no notification restrictions. 21. TERMINATION Either party may terminate this Agreement upon 30-days' prior written notification to the other party. If this Agreement is so terminated, the parties will be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 22. TERMINATION FOR CAUSE Washington State Page 9 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 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 opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 23. WAIVER A failure by either party to exercise its rights under this Agreement will not preclude that party from subsequent exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an Authorized Representative of the party and attached to the original Agreement. 24. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. 25. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, expiration or termination of this Agreement shall so survive. In addition, the terms of the sections titled Rights in Data, Confidentiality, Disputes and Records Maintenance shall survive the termination of this Agreement. Schedule Schedule A: Statement of Work (SOW) Washington State Page 10 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 SCHEDULE A Statement of Work 1. PURPOSE The purpose of this Agreement is to establish and operate a Law Enforcement Assisted Diversion (LEAD) Program that adheres to the core principles of LEAD as noted in Substitute Senate Bill (SSB) 5380 and Revised Code of Washington (RCW) 71.24.589, which indicates that HCA must partner with the Purpose Dignity Action (PDA)-National Support Bureau (NSB) to expand availability of LEAD Programs statewide. 2. HCA RESPONSIBILITIES 2.1. Provide a Contract Manager to monitor all progress under the LEAD Program; and 2.2. Provide timely responses to all inquiries from the Contractor. 3. CONTRACTOR RESPONSIBILITIES 3.1. Coordinate with NSB for purposes of receiving Technical Assistance (TA); and 3.2. Coordinate with NSB for training on policies and protocols for LEAD referrals and diversion- eligible offences. 3.3. Coordinate with NSB to develop a LEAD Program Site Evaluation Plan with the intent of yielding results that include but are not limited to: 3.3.1. Reduction in arrests, time spent in custody, and/or recidivism for the LEAD Program participants; 3.3.2. Increase access to and utilization of non-emergency community behavioral health and/or substance use services; 3.3.3. Reduction in the utilization in emergency services; 3.3.4. Increased resilience, stability, and well-being for LEAD Program participants; and 3.3.5. Reduction in cost for the justice system in comparison to processing cases as usual through the justice system. 3.4. The Contractor will provide intensive case management services through the LEAD Program which shall adhere to the LEAD core principles recognized by the LEAD NSB, the efficacy of which have been demonstrated in peer-reviewed research studies. A major component of this Washington State Page 11 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 will include maintaining an executive committee that consists of members that include but are not limited to: 3.4.1. Community-based organizations; 3.4.2. Local government; 3.4.3. Law enforcement; 3.4.4. Prosecutors; 3.4.5. Public health experts; and 3.4.6. Organizations led by and representing individuals with past justice system involvement. 3.5. As a LEAD Program site the Contractor must: 3.5.1. Accept and follow all guidance provided by the PDA Technical Assistance team to ensure that the LEAD Program site maintains fidelity to the LEAD Model as referenced in RCW 71.24.589. 3.5.2. Ensure that the LEAD Program is managed to achieve expected outcomes that are measurable and will be used in the future to evaluate the performance and to ensure accountability for the use of this funding. The Contractor will work with HCA to utilize a Julota data collection and case management system to be required to do the following: 3.5.2.1. Establish effective workflows for case managers to record needed data in Julota and/or establish any needed data uploads or interfaces to ensure needed data are included in the Julota platform for reporting to HCA and lessen any duplicate data entry burden on staff(e.g., bringing data in from local Electronic Health Record (EHR) systems, law enforcement, emergency departments, etc.). 3.5.2.2. Implement the referral functions to be used to identify possible participants and track referral data related to participants of the LEAD Program, including use of external referral links to receive referrals directly from partners and resources in the community who identify eligible participants. 3.5.2.3. Utilize the automation of notifications/alerts to maximize on efficiency of communication and processing of data related to the system. 3.5.2.4. Use the participant surveys to evaluate LEAD Program participation and engagement. Washington State Page 12 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 3.5.2.5. Implement user accounts with trusted partners who may be providing services to participants on behalf of the case management company so the outcomes of those connections and services can be included in the data provided to HCA. 3.5.2.6. Collect the number or individuals contacted through law enforcement response and/or social contact referrals. 3.5.2.7. Collect the number of individuals admitted into LEAD Program. 3.5.2.8. Collect aggregated demographics for individuals admitted, including but not limited to; 3.5.2.8.1. Race; 3.5.2.8.2. Gender; 3.5.2.8.3. Age; and 3.5.2.8.4. And housing status. 3.5.2.9. Collect aggregated intake form: 3.5.2.9.1. Self-reported behavioral health; 3.5.2.9.2. Employment; 3.5.2.9.3. Family and; 3.5.2.9.4. Financial information. 3.5.2.10. Collect the following LEAD Program evaluation metrics: 3.5.2.10.1. Number of police contacts related to criminal behavior/suspected criminal behavior; 3.5.2.10.2. Number of arrests-categorize by type; 3.5.2.10.3. Number or warrants; 3.5.2.10.4. Number of criminal charges categorize by type; 3.5.2.10.5. Number of jail bookings; 3.5.2.10.6. Number of jail bed days; 3.5.2.10.7. Number of visits to an emergency room; 3.5.2.10.8. Number of inpatient admits to hospital care; 3.5.2.10.9. Number of contacts with fire/Emergency Medical System Washington State Page 13 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 (EMS); 3.5.2.10.10.Number of times team meets with participants-categorized by type: case management, peer counseling, brief outreach; 3.5.2.10.11.Number of referrals to service-categorized by type: mental health, substance use disorder, medical, housing, insurance, benefits, food, shelter, employment, etc.; 3.5.2.10.12.Number of connections to services-categorized by type: mental health, substance use disorder, medical, housing, insurance, benefits, food, shelter, employment, etc.; 3.5.2.10.13.Percentage of individuals that received a University of Rhode Island Change Assessment (URICA) score; and 3.5.2.10.14.Participant survey baseline, six (6) months and one (1) year. 3.5.3. The Contractor's LEAD Program Manager will provide logistical coordination, support, and record-keeping to the local LEAD advisory board and operational workgroup. Meetings will be scheduled as frequently as necessary to maintain the integrity and operation of LEAD, averaging three meetings per month; This support shall include, but not limited to the following: 3.5.3.1 Set meeting dates and provide coordination of presenters and subject matter experts for the LEAD Advisory Board and Steering Board meetings; 3.5.3.2 Work with the PDA Program Manager to develop and provide an agenda to LEAD Advisory Board members for each meeting; 3.5.3.3 Provide all meeting agendas, minutes and pertinent documents to the PDA Program Manager and the HCA Contract Manager; 3.5.3.4 Meet at least monthly with the PDA Program Manager to ensure communication and coordination of project; 3.5.3.5 Upon request, participate in presentations to key state and local stakeholders on progress; 3.5.3.6 Create and/or renew Memorandum of Understanding's (MOUs) to facilitate information sharing; and 3.5.3.7 Provide a satisfaction survey to participants, officers, and stake holders within the last quarter of the LEAD Program. 3.5.4. Operational workgroup meetings are for the purposes of coordinating care for LEAD participants and only those participants that have signed a Release of Information Washington State Page 14 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 (ROI) with operational workgroups members are to be discussed during the workgroup meetings. 3.5.5. Coordinate, schedule and conduct operational workgroup meetings, as needed, with participants including but not limited to: 3.5.5.1 Law Enforcement Officers referring to the LEAD Program; 3.5.5.2 Prosecutors considering cases involving LEAD participants; 3.5.5.3 Case managers assisting LEAD clients; and 3.5.5.4 LEAD project managers. 3.5.6. The LEAD Program Manager will participate in TA calls with the PDA Program Manager, at least once a month, to maintain the integrity and fidelity of LEAD. 3.5.7. Maintain employees and/or contract clinical support positions, to include the following: 3.5.7.1 Outreach Coordinator; 3.5.7.2 Clinical Supervisor; and 3.5.7.3 Case Manager. 3.5.8. Coordinate, schedule, and conduct the LEAD steering committee and advisory board meetings as needed to maintain the integrity and fidelity of the LEAD Program. 3.5.9. Provide referrals to local community agencies for intensive case management services, including but not limited to the following: 3.5.9.1 Substance use; 3.5.9.2 Mental health; and 3.5.9.3 Behavioral health assessment and treatment. 3.5.10. Monitor to ensure the LEAD Program has made at least 350 referrals of new, previously referred or previously discharged participants, admit at least the minimum required to maintain a case load of at least 45 active participants per case manager, by June 30, 2025. 3.5.11. Submit monthly reports as detailed in the Deliverables Table with the invoice to the HCA Contract Manager, including but not limited to the following: 3.5.11.1 How many individuals referred; Washington State Page 15 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 3.5.11.2 Number of active participants; 3.5.11.3 Current barriers; 3.5.11.4 Attempts to resolve barriers; 3.5.11.5 Any staffing changes, any success stories; and 3.5.11.6 TA needs. 3.5.12. Ensure travel pe diem, computers, office supplies and all the other supplies and tools necessary to perform defined duties are provided to the LEAD Program staff and/or the Contractor's staff. 4. DELIVERABLES TABLE DELIVERABLES TABLE July 1, 2023—June 30, 2025 # DELIVERABLE RATE DATE RANGE DUE DATE MAX PAYMENT 1. Submit copy of $83,868 One-time Within thirty 30 $83,868 contract payment. from date the documentation Contractor signs demonstrating this Contract renewal of the K7135. contract with Julota case management and data collection software platform. 2• Submit copies of $5,250 per July 2023, Due the 15th of each $126,000 the LEAD advisory month x 24 through May month, following the board and months. 2025. month of service. Operational Workgroup minutes detailing all local LEAD advisory board and operational workgroup meetings. June 2025 With final invoice. 3• Submit reports $8,750 per July 2023, Due the 15' of each $210,000 demonstrating month x 24 through May month, following the monthly TA calls months. 2025. month of service. Washington State Page 16 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 with the PDA TA team. June 2025 With final invoice. 4. Submit monthly $13,125 per July 2023, Due the 15' of each $315,000 data collection month x 24 through May month, following the reports. months. 2025. month of service. June 2025 With final invoice. 5. Submit monthly $9,625 per July 2023, Due the 151h of each $231,000 LEAD progress month x 24 through May month, following the reports. months. 2025. month of service. June 2025 With final invoice. 6. Submit $23,187 One-time June 30, 2023 $23,187 documentation payment. demonstrating the successful number of individuals referred (minimum of 350) and the number of individuals admitted to support the average case load of at least 25 per case manager. 7. Indirect Variable July 2023, Invoice monthly, by $109,895 (administrative) rate for up through May the 151h of each costs: Only 10% of to 24 2025. month following the direct costs. months. month of service. June 2025 With final invoice, no later than 60 days following Contract end date of June 30, 2025. MAXIMUM TOTAL $1,098,950 Washington State Page 17 of 17 HCA IAA K7135 Health Care Authority Revised 07/2020 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Olympic Health & Recovery Services, hereinafter referred to as "CONTRACTOR." Contracted Entity Olympic Health & Recovery Services (OHRS) Address 612 Woodland Square Loop SE Suite #401 City, State, Zip Code Lacey, WA 98503 Phone 360-763-5828 Primary Contact: Name, Title Joe Avalos, OHRS Administrator Primary Contact: E-mail Loe.avalos@tmbho.org Washington State UBI# 603-569-721 Federal EIN 47-5326968 Total Award/Contract Value $935,000 Contract Term July 1, 2023—June 30, 2025 PURPOSE Provide intensive case management services to individuals recently arrested and/or at high risk for arrest, through the expansion of the Washington State Law Enforcement Assisted Diversion (LEAD) Program. 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: Health Care Authority Contract K7135 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. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be Professional Services Contract (rev 06/2023) Page 2 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. 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: Professional Services Contract (rev 06/2023) Page 3 Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit C, by documentation of units of work 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. 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 Professional Services Contract (rev 06/2023) Page 4 than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: Professional Services Contract (rev 06/2023) Page 5 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 insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: Professional Services Contract (rev 06/2023) Page 6 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 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." Professional Services Contract (rev 06/2023) Page 7 Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non- compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The Professional Services Contract (rev 06/2023) Page 8 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 Fax: 360-427-7787 E-mail: mcasey(cD-masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Professional Services Contract (rev 06/2023) Page 9 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, 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. Professional Services Contract (rev 06/2023) Page 10 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: 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 Professional Services Contract (rev 06/2023) Page 11 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 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: Professional Services Contract (rev 06/2023) Page 12 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 H. Health Care Authority Contract K7135 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: Mason County Law Enforcement Assisted Diversion (LEAD) Program Program Description: Olympic Health and Recovery Services will operate as the Behavioral Health Agency for Mason County's Law Enforcement Assisted Diversion (LEAD) Program coordinated by Mason County Public Health & Human Services. This program will divert willing individuals known to commit offenses related to behavioral health conditions including Substance Use Disorder, to social service providers in lieu of jail booking and prosecution, and will coordinate filed cases with individual intervention plans formulated by LEAD case managers in consultation with program participants. Services to which participants are connected may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Program Expectations: • Coordinate with Mason County Public Health & Human Services to implement a LEAD program that adheres to the Core Principles of LEAD and HCA Contract K7135 • Provide Outreach Coordinator, Clinical Supervisor, and Case Manager positions to implement the program and fulfill HCA contract requirements • Collect and report data and progress reports to Mason County Public Health & Human Services monthly per LEAD requirements • Ensure the LEAD program has referred and admitted at least 350 individuals by June 30, 2025 Performance/Reporting and Deliverables: Provider will serve a minimum of 25 unique individuals per year per case manager. Provider will collect and report the LEAD required data to Mason County Public Health & Human Services on an agreed upon format and schedule. 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 invoice request electronically to Melissa Casey at mcasey(a)_masoncountywa.gov. Salaries $374,000 Benefits $152,405 Staff Supports $106,590 Mileage $2,650 Client Supports $159,105 Admin (15%) $140,250 Maximum Contract Total $935,000 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. 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 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: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 9/25/23 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance X❑ 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• WIC Coordinator/Certifier Classification Background/Executive Summary: The new Women, Infants,and Children(WIC) clinic is estimated to begin serving clients in Mason County in January 2024. The WIC Coordinator/Certifier will be responsible for developing the operating policies and procedures and overseeing day-to-day operations of the clinic. This position will also serve as a Certifier, assessing pregnant and breastfeeding women,infants, and children under five(5)years of age for program eligibility,providing nutritional assessments,prescribing food packages, scheduling appointments,and ongoing assessment of client needs. Budget Impact(amount,funding source,budget amendment): Funding source is DOH Contract GVL28360 Public Outreach (news release,community meeting, etc.): External job posting Requested Action: Approval of new classification and job posting Attachments WIC Coordinator/Certifier Classification POSITION DESCRIPTION Y /Xtf Title: WIC Program Coordinator/Certifier Department: Public Health and Human Services Affiliation: Non-represented Reports to: Community Health Manager Exempt: Non-Exempt: X Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to Non-Rep Salary Schedule GENERAL POSITION SUMMARY: Responsible for assessing pregnant and breastfeeding women, infants, and children under five (5)years of age for eligibility in the Women, Infants, and Children (WIC) program. Provide nutritional assessments, certifies clients for WIC program, and prescribes food packages following all applicable federal and state program policies. Provide basic health education to WIC clients. Work includes documenting services, scheduling client appointments, and providing other basic WIC services. Provide initial client orientation and financial screening and contributes to the ongoing assessment of client needs. JOB FUNCTIONS: • Plan, organize, and coordinate the activities of the WIC program; develop agency policies and procedures for program operations; develop and maintain program budget. • Liaise and coordinate with state WIC agency; determine available state programs and funding. • Gather program data, analyze, and report. Maintain appropriate records; prepare correspondence and reports of activities; review and interpret applicable legislation and mandates; perform research and statistical analysis; assist in developing grant proposals and management of grant funds. • Certify clients for WIC program eligibility using federally mandated assessment questions to determine qualifying risk factors. • Prescribe individually tailored food packages for clients. • Provide basic health education such as nutrition, education, avoidance of harmful substances during pregnancy, basic lactation education, education on community resources, and other similar topics. • Schedule clients for appointments and communicate with clients, including reminders of appointments, missed appointments, and follow-up appointments. • Provide and document WIC services. • Implement federal and state WIC program policies. • Perform various related duties as required. • Travel to conferences, special meetings and workshops as needed. Knowledge of: • Culturally appropriate practice • Electronic Health Records • Basic community health nutrition concepts • Adult learning styles, goal setting, and behavior change dynamics. • Public health topics and community resources. • Nutrition specific to the needs of pregnant, post-partum, and breastfeeding women. Est. 2023 draft Skill in: • Problem-solving • Communication and computer skills. • Microsoft Suite • Customer service Ability to: • Communicate effectively both verbally and in writing. • Follow all applicable policies, procedures, and standards. • Prioritize work and handle a variety of tasks simultaneously, with frequent interruptions. • Effectively interact with women, caregivers, infants, children, community agencies, and staff in a professional manner. • Organize educational and outreach materials. • Work interdependently. • Provide sensitive, professional, direct support to all clients; explain and teach processes; analyze problems and develop situation appropriate responses to client issues; adhere to all appropriate State and Federal regulations. • Read, comprehend, and analyze documents, regulations, and policies; prepare and submit documents/reports as required. • Exercise sound independent judgment; make decisions in line with state and federal regulations. SUPPLEMENTAL INFORMATION PHYSICAL REQUIREMENTS: This position may require balancing, pulling, finger dexterity, climbing, pushing, repetitive motion, stooping, remaining stationary, kneeling, crouching, reaching, Feeling, Talking, Grasping. Duties are typically performed in an office setting. Essential sensory requirements include the ability to: read computer keyboard, monitor, and documents; prepare and analyze documents; read extensively; see, recognize, and assess non-verbal behaviors of consumers as part of the intake process; hear, recognize, and assess verbal presentations of clients; receive and convey detailed information orally, by telephone and in person; convey accurate and detailed instructions by speaking to others in person and by telephone in English and/or Spanish. MINIMUM QUALIFICATIONS: Associate degree in a related discipline and two (2) years of related work experience that would demonstrate attainment of the requisite job knowledge/abilities, OR Bachelor's degree in a related discipline and one year of work-related experience that would demonstrate attainment of the requisite job knowledge/abilities. Equivalent additional qualifying work experience may be substituted for the education requirement, OR an equivalent combination of education, training and experience that provides the necessary skills, knowledge and abilities to perform the duties as listed. PREFERRED QUALIFICATIONS: Preferred degree in nutrition, health education, or a health-related field Bilingual language skills LICENSE/CERTIFICATION: Must possess a current Washington State driver's license. REQUIRED TRAINING FOR THIS POSITION: WIC Certifier Competency Training Sexual Harassment & Discrimination Blood Borne Pathogens Smart Risk Management Slip, Trip and Fall Safe Lifting Practices FEMA IS-907 Active Shooter Est. 2023 draft REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued later. HR Signature of Approval: Date: Director Signature of Approval: Date: have read and understand the above position description: Name: Date: Signature: Est. 2023 draft 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): September 25,2023 Agenda Date: October 10,2023 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• Contract with Mason Conservation District Background/Executive Summary: Mason County has received sub-recipient agreement for National Estuary Program Funds from Mason Conservation District to perform public outreach and education related to property maintenance and water quality. Under this contract Mason County Environmental Health(MCEH)will conduct two community meetings annually for the three-year lifespan of the grant targeting North Bay and Oakland Bay—for a target of 6 total public meetings. MCEH will distribute educational mailings and public meeting notifications prior to each meeting. Budget Impact(amount, funding source,budget amendment): $57,480.00 Public Outreach (news release,community meeting, etc.): None Requested Action: Approval to move signing of the contract to the Oct. 10'action agenda Attachments Contract INTERAGENCY AGREEMENT Between MASON CONSERVATION DISTRICT And MASON COUNTY ENVIRONMENTAL HEALTH This agreement is made by and between Mason Conservation District, hereinafter referred to as the District, and Mason County Environmental Health, hereinafter referred to as Contractor pursuant to authority granted by Chapter 39.34 RCW. Purpose: The purpose of this agreement is to implement an education and outreach campaigns through education outreach events workshops, and public meetings. Therefore, it is mutually agreed that: Statement of Work and Budget: The Contractor shall furnish the necessary personnel, equipment, materials and/or services and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit A, attached hereto and incorporated herein. Period of Performance: Subject to its other provisions, the period of performance of this Agreement should commence on Date of Execution and be completed on June 30, 2026, unless terminated sooner as provided herein. Any work done outside of the period of performance shall be provided at no cost to the District. Federal Funding Accountability and Transparency Act(FFATA): This Agreement is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act. The purpose of the Transparency Act is to make information available online so the public can see how federal funds are spent. To comply with the act and be eligible to enter into this contract, your organization must have a Unique Entity Identifier (UEI) number. A UEI number provides a method to verify data about your organization. If you do not already have one, you may receive a UEI number free of charge by contacting System for Award Management (SAM) at SAM.GOV. Information about your organization and this Agreement will be made available by the pass through entity (State of Washington Department of Health hereinafter referred to as DOH) on www.USASpending.gov as required by P.L. 109-282. Payment: Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed $57,480 in accordance with Exhibit A, attached hereto and incorporated herein. Consideration includes but is not limited to all taxes, fees, surcharges, etc. Payment will not exceed the amount without a prior written amendment. The District will authorize payment only upon satisfactory completion and acceptance of the deliverables and for allowable costs as outlined in the statement of work and/or budget. Billing Procedure: Payment to the Contractor approved and completed work will be made by warrant by the District within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted per the Statement of Work, Exhibit A(if applicable) or within 30 days after the contract expiration date,whichever is earlier. Agreement Alterations and Amendments: This Agreement may be amended by mutual agreement of the parties subject to approval by the pass through entity(DOH). Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Allowable Costs: Shall mean an expenditure which meets the test of the Uniform Guidance (2CFR 200) (see 1. Federal Compliance"). The most significant factors affecting allowability of cost are: 1)they must be necessary and reasonable, 2)they must be allocable, 3)they must be authorized or not prohibited under State or local laws and regulations, and 4) they must be adequately documented. For more specifics see Selected Items of Cost 2 CFR 200.420. Assignment: The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either part in whole or in part, with the express written consent of the other party, which consent shall not be unreasonably withheld. Confidentiality/Safeguarding of Information: The use or disclosure by any party of any information concerning a client obtained in provided service under this Agreement shall be subject to Chapter 42.56 RCW and Chapter 70.02 RCW, as well as any other applicable Federal and State statutes and regulations. Any unauthorized access or use of confidential information must be reported to the District's Executive Director at ebauder@masoncd.org . The notification must be made in the most expedient time possible (usually within one business day of discovery) and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Contract: Shall mean the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship with the Contractor.See §200.22 Contract. Characteristics indicative of a procurement relationship between the non-Federal entity and a Contractor are when the non-Federal entity receiving the Federal funds: A. Provides the goods and services within normal business operations; B. Provides similar goods or services to many different purchasers; C. Normally operates in a competitive environment; D. Provides goods or services that are ancillary to the operation of the Federal program; and E. Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons. Contractor: Shall mean that agency,firm, provider, organization, individual or other entity performing services under this contract. It shall include any subcontractor retained by the prime contractor as permitted under the terms of this contract. Disputes: In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one member to the Dispute Board.The members so appointed shall jointly appoint an additional member to the Dispute Board.The Dispute Board shall review the facts,Agreement terms and applicable statutes and rules and make a determination of the dispute.The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Governance:This Agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws.The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order: A. Federal statutes and regulations B. State statutes and regulations C.Agreement amendments D.The Agreement (in this order) 1. Federal compliance and Standard Federal Certifications and Assurances (Attachment 1) 2. Primary document (document that includes the signature page) 3. Statement of Work(Exhibit A) Independent Capacity:The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Noncompliance: Shall mean if a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award,the Federal awarding agency or pass-through entity may impose additional conditions, as described in §200.207 Specific conditions. If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions,the Federal awarding agency or pass-through entity may take one or more of the following actions, as appropriate in the circumstances: A.Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity. B. Disallow(that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate the Federal award. D. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency). E. Withhold further Federal awards for the project or program. F.Take other remedies that may be legally available. Privacy: Personal information collected, used or acquired in connection with this Agreement shall be used solely for the purposes of this Agreement. Contractor and its subcontractors agree not to release, divulge, publish,transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as provided by law. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The District reserves the right to monitor, audit or investigate the use of personal information collected, used or acquired by the Contractor through this Agreement.The monitoring, auditing, or investigating may include but is not limited to "salting" by The District. Contractor shall certify the return or destruction of all personal information upon expiration of this Agreement. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the Agreement and the demand for return of all personal information.The contractor agrees to indemnify and hold harmless the District for any damages related to the Contractor's unauthorized use of personal information. Records Maintenance:The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein.These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium,furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed.The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Rights in Data: Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the District. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs,films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. Risk Assessment: Shall mean (2 CFR 200.331(b))The District is required to evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as: A.The subrecipient's prior experience with the same or similar subawards; B.The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program; C. Whether the subrecipient has new personnel or new or substantially changed systems; and D.The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency). Severability: If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. Specific Conditions: A.The Federal awarding agency or pass-through entity may impose additional specific award conditions as needed, in accordance with (2 CFR 200.207) paragraphs (b) and (c) of this section, under the following circumstances: 1. Based on the criteria set forth in §200.205 Federal awarding agency review of risk posed by applicants; 2. When an applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award; 3. When an applicant or recipient fails to meet expected performance goals as described in §200.210 Information contained in a Federal award; or 4. When an applicant or recipient is not otherwise responsible. B.These additional Federal award conditions may include items such as the following: 1. Requiring payments as reimbursements rather than advance payments; 2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance; 3. Requiring additional, more detailed financial reports; 4. Requiring additional project monitoring; 5. Requiring the non-Federal entity to obtain technical or management assistance; or 6. Establishing additional prior approvals. C.The Federal awarding agency or pass-through entity must notify the applicant or non-Federal entity as to: 1.The nature of the additional requirements; 2.The reason why the additional requirements are being imposed; 3.The nature of the action needed to remove the additional requirement, if applicable; 4.The time allowed for completing the actions if applicable, and 5.The method for requesting reconsideration of the additional requirements imposed. D. Any specific conditions must be promptly removed once the conditions that prompted them have been corrected Subcontracting: Neither the Contractor, nor any subcontractors, shall enter into subcontracts for any of the work contemplated under this agreement without prior written approval of the District and DOH. In no event shall the existence of the sub operate to release or reduce the liability of the Contractor to the District for any breach in the performance of the contractor's duties.This clause does not include contracts of employment between the contractor and personnel assigned to work under this Agreement. Additionally,the Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. Contractor and its subcontractors agree not to release, divulge, publish,transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the District or as provided by law. If, at any time during the progress of the work, the District determines in its sole judgment that any subcontractor is incompetent,the District shall notify the Contractor, and the Contractor shall take immediate steps to terminate the subcontractor's involvement in the work.The rejection or approval by the District of any subcontractor or the termination of a subcontractor shall not relieve the Contractor of any of its responsibilities under the Agreement, nor be the basis for additional charges to the District. Subrecipient: Shall mean a non-Federal entity that received a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. (2 CFR 200.93) Characteristics which support the classification of the non-Federal entity as a subrecipient include when the non-Federal entity: A. Determines who is eligible to receive what Federal assistance; B. Has its performance measured in relation to whether objectives of a Federal program were met; C. Has responsibility for programmatic decision making; D. Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and E. In accordance with its contract, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of a passthrough entity. Suspension of Performance and Resumption of Performance: In the event contract funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion,the District may give notice to Contractor to suspend performance as an alternative to termination.The District may elect to give written notice to Contractor to suspend performance when the District determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this Agreement. Notice may include notice by facsimile or email to Contractor's representative. Contractor shall suspend performance on the date stated in the written notice to suspend. During the period of suspension of performance each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance. When the District determines that the funding insufficiency is resolved, the District may give Contractor written notice to resume performance and a proposed date to resume performance. Upon receipt of written notice to resume performance, Contractor will give written notice to the District as to whether it can resume performance, and, if so,the date upon which it agrees to resume performance. If Contractor gives notice to the District that it cannot resume performance, the parties agree that the Agreement will be terminated retroactive to the original date of termination. If the date Contractor gives notice it can resume performance is not acceptable to the District,the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable to the District,the parties agree that the Agreement will be terminated retroactive to the original date of termination. Termination: Either party may terminate this Agreement upon 30 days prior 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. Termination for Cause: 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 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. Waiver:A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. All Writing Contained Herein:This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In Witness Whereof, the parties have executed this Agreement. Tim Whitehead, Chief Deputy Prosecutor Date Mason County Environmental Health Sharon Trask, Chair, Board of County Commissioners Date Mason County Environmental Health Jason Ragan, Chair, Board of Supervisors Date Mason Conservation District EXHIBIT A STATEMENT OF WORK MCD Contract# Mason County Environmental Health Mason County Environmental Health Community Engagement Mason County Environmental Health will conduct two community meetings annually for the three year lifespan of the grant targeting North Bay, Site#10 (Mason County North) and Oakland Bay, Site#8 (Oakland Bays)—for a target of 6 total. MCEH will distribute educational mailings and public meeting notifications for each public meeting. North and Oakland Bays are part of a listed threatened Shellfish Growing Area and potentially face a downgrade in status. The purpose of the engagement is to educate and create awareness of actions residents can take to mitigate pollution sources in North and Oakland Bays. Budget not to exceed $57,480. EXHIBIT A STATEMENT OF WORK MCD Contract# Mason County Environmental Health Terms and Conditions A. Recognition of EPA Funding: Reports, documents, signage,videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement PC-01J89801 to the Washington State Department of Health. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." B. Lobbying The chief executive officer of this subrecipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The subrecipient shall abide by the Cost Principles available at 2 CFR 200 which generally prohibits the use of federal grant funds for litigation against the U.S. or for lobbying or other political activities. C. Copyrighted Materials: In accordance with 2 CFR 200.315, EPA has the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the subrecipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State,tribal and local governments that carry out delegated Federal environmental programs as "co-regulators" or act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA's authorization to the other grantee to use the copyrighted works or other data. D. Light Refreshments and/or Meals Unless the event(s) and all of its components are described in the approved workplan,the subrecipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences,training workshops and outreach activities (events).The subrecipient must send requests for approval to the NEP Contract Manager and include: 1.An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s); 2.A description of the purpose, agenda, location, length and timing for the event; and, 3.An estimated number of participants in the event and a description of their roles. Costs for light refreshments and meals for subrecipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements. Subrecipients may address questions about whether costs for light refreshments, and meals for events may be allowable to the subrecipient's NEP Contract Manager; however,the Agency Award Official or Grant Management Officer will make final determinations on allowability. Agency policy prohibits the use of EPA funds for receptions, banquets and similar activities that take place after normal business hours unless the subrecipient has provided a justification that has been expressly approved by EPA's Award Official or Grants Management Officer. EPA funding for meals, light refreshments, and space rental may not be used for any portion of an event where alcohol is served, purchased, or otherwise available as part of the event or meeting, even if EPA funds are not used to purchase the alcohol. Note: U.S. General Services Administration regulations define light refreshments for morning, afternoon or evening breaks to include, but not be limited to, coffee,tea, milk,juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins. (41 CFR 301-74.7) General Information Subrecipient Name: Mason County Environmental Health Subrecipient Unique Identifier: Federal Award Identification Number: PC-01J89801-1 Pass-Through Entity Subaward Number: CBO28192-0 Federal Award Date: 5/31/22 Subaward Period of Performance: July 24, 2023 to June 30, 2026 Name of Federal Awarding Agency: United State Environmental Protection Agency Name of First Pass-Through Entity: Washington State Department of Health Name of Second Pass-Through Entity: Mason Conservation District CFDA Number: 66.123 CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program Amount of Federal Funds Obligated by this Action: $57,480 ATTACHMENT 1 FEDERAL COMPLIANCE AND STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES I. FEDERAL COMPLIANCE -The use of federal funds requires additional compliance and control mechanisms to be in place.The following represents the majority of compliance elements that may apply to any federal funds provided under this contract. (Refer to Catalog of Domestic Assistance number(s) cited in the "Payment" section of this contract for requirements specific to that fund source.) For clarification regarding any of these elements or details specific to the federal funds in this contract, contact: Compliance and Internal Control Officer Office of Financial Services Department of Health Post Office Box 47901 Olympia, Washington 98504-7901 1. UNIFORM ADMINISTRATIVE GUIDANCE—The Uniform Administrative Guidance (Supercircular) became effective December 26, 2014 and combines numerous OMB Circulars into one document. This document established requirements which govern expenditure of federal funds.These requirements apply to the Department of Health, as the primary recipient of federal funds, and then follow the funds to the subrecipient.The Uniform Administrative Guidance provides the applicable administrative requirements, cost principles, and audit requirements are identified by subrecipient organization type. Compliance Matrix OMB Circular Entity Type Administrative Cost Audit Requirements Principles Requirements State, Local and Indian Tribal 2 CFR 200 2 CFR 200 2 CFR 200 Governments&Governmental Subpart D Subpart E Subpart F Hospitals Non-Profit Organizations 2 CFR 200 2 CFR 200 2 CFR 200 Subpart D Subpart E Subpart F Hospitals 2 CFR 200 2 CFR 200 2 CFR 200 Subpart D Appendix E Subpart F Colleges or Universities& 2 CFR 200 2 CFR 200 2 CFR 200 Affiliated Hospitals Subpart D Subpart E Subpart F 2. CITIZENSHIP/ALIEN VERIFICATION/DETERMINATION -The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (PL 104-193) states that federal public benefits should be made available only to U.S. citizens and qualified aliens. Entities that offer a service defined as a "federal public benefit" must make a citizenship/qualified alien determination/ verification of applicants at the time of application as part of the eligibility criteria. Non-US citizens and unqualified aliens are not eligible to receive the services. PL 104-193 also includes specific reporting requirements. Exemptions from the determination/verification requirement is afforded the following programs offered by the Department of Health: Family Planning, Breast, Cervical and Colon Health Program (BCCHP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), WIC Farmers Market Program, Immunization Programs, and Ryan White CARE Act programs and other communicable disease treatment and diagnostic programs. 3. CIVIL RIGHTS AND NONDISCRIMINATION - During the performance of this agreement, the Contractor shall comply with all current and future federal statutes relating to nondiscrimination. These include but are not limited to:Title VI of the Civil Rights Act of 1964 (PL 88-352),Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1683 and 1685- 1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794),the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101- 6107),the Drug Abuse Office and Treatment Act of 1972 (PL 92-255),the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd3 and 290ee-3),Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the Americans with Disability Act (42 U.S.C., Section 12101 et seq.). 4. SINGLE AUDIT ACT-A subrecipient (including private, for-profit hospitals and non-profit institutions) shall adhere to the federal Uniform Administrative Guidance (subpart F) as well as all applicable Federal and State statutes and regulations.A subrecipient who expends $750,000 or more in federal awards during a given fiscal year shall have a single or program-specific audit for that year in accordance with the provisions of 2 CFR 200 Subpart F. II. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES- Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; B. have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,State, or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and D. have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local)terminated for cause or default. Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The contractor agrees by signing this contract that it will include, without modification,the clause titled Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion-- Lower Tier Covered Transactions in all lower tier covered transactions (i.e., transactions with subgrantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. 2. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76 by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing an ongoing drug-free awareness program to inform employees about: 1)The Dangers of drug abuse in the workplace; 2)The contractor's policy of maintaining a drug-free workplace; 3)Any available drug counseling, rehabilitation, and employee assistance programs; and 4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph 1) above; D. Notifying the employee in the statement required by paragraph 1), above,that, as a condition of employment under the contract,the employee will: 1)Abide by the terms of the statement; and 2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; E. Notifying the agency in writing within ten calendar days after receiving notice under paragraph D. 2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title,to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; F.Taking one of the following actions,within 30 calendar days of receiving notice under paragraph D. 2)with respect to any employee who is so convicted: 1)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). For purposes of paragraph (E) regarding agency notification of criminal drug convictions, the District has designated the following central point for receipt of such notices: Finance &Administration Manager Mason Conservation District 450 W Business Park Rd Shelton, WA 98584 3. CERTIFICATION REGARDING LOBBYING Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions,"generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated)funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with nonFederal (non- appropriated)funds.These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies,to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) C.The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT(PFCRA) The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false,fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties.The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. 5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee.The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds.The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification,the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke-free workplace and promote the non-use of tobacco products.This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal,the prospective contractor is providing the certification set out below. A.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective contractor shall submit an explanation of why it cannot provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. B.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause of default. C.The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. E.The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the District. F.The prospective contractor further agrees by submitting this contract that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction, provided by HHS, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List (of excluded parties). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the District may terminate this transaction for cause or default. 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS- PRIMARY COVERED TRANSACTIONS A.The prospective contractor certifies to the best of its knowledge and belief,that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local) with commission of any of the offenses enumerated in paragraph 1. B. of this certification; and 4) Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local)terminated for cause or default. B. Where the prospective contractor is unable to certify to any of the statements in this certification, such prospective contractor shall attach an explanation to this contract. FEDERAL ASSURANCES- NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the contractor, I certify that the contractor: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability(including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply, or has already complied,with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 U.S.C. §§874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.)which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Super circular 2CFR200, Subpart F. 18. Will comply with 2CFR200.216 - Prohibition on certain telecommunications and video surveillance services or equipment-as amended effective August 13, 2020, and any amendments to this section thereafter 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING September 25, 2023 Action Items• • Set hearing for November 7, 2023 at 9:15am to consider establishing speed limits on recently chip sealed roads (Kelly Hall Road and Sunnyslope Road) and a speed limit change on Brockdale Road. • Approve resolution setting a hearing date with the Hearings Examiner for November 8, 2023, at 1:00pm via zoom to consider public comment on Road Vacation No. 415. Discussion Items: Commissioner Follow-Up Items: September 26, 2023 at 9:15am Public Hearing: Amending the 2023-2028 Six-Year Transportation Improvement Program and the 2023 Annual Construction Program September 26, 2023 at 9:15am Public Hearing: Considering the 2024-2029 Six-Year Transportation Improvement Program and the 2024 Annual Construction Program. Upcoming Items: September 25th-29th North Shore Road Little Shoefly Culvert Replacement @ MP 8.18 Month of October Road patching(mill and fill) in the Satsop Cloquallum, Matlock Brady, Harstine Island and Skokomish Valley areas. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PLS,PE,Deputy Director/County Ext. 450 Engineer Department: Public Works Briefing: ❑x Public Hearing: ❑ Action Agenda: ❑X Special Meeting: ❑ Briefing Date(s): September 25,2023 Agenda Date: September 26,2023 and October 24,2023 Internal Review: ❑ Finance ❑ Human Resources © Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Establishing Speed Limit on Sunnyslope and Kelly Hall Road and Revising current speed limit on a portion of Brockdale Road Background/Executive Summary: In accordance with RCW 36.75.300,both Sunnyslope and Kelly Hall Road where designated primitive county roads due to their gravel surface and therefor,not required to have posted speed limits or warning signs. This summer the County upgraded both roads with a BST surface(also known as chip seal). Public Works staff would also like to make a speed limit change on Brockdale Road from milepost 1.9730 to milepost 2.0800. Public Works has received numerous requests from the public and City of Shelton Public Works Dept. to consider lowering the speed limit on Brockdale Road,just north of Island Lake Drive and Batstone Cut-off Road intersection. This distance is approximately 565 feet. The stated purpose for this request is to establish a consistent speed limit in both directions. Public Works staff have completed an engineering and traffic investigation for each road and the County Engineer is recommending the Board of Commissioners set a hearing for each road to consider changing the speed limit to the following: Existing Recommended Road No. Road Name Speed Speed M.P.—M.P. Comment 61950 Sunnyslope Road N/P 25-mph 0.0000—0.5510 all 01300 Kelly Hall Road N/P 25-mph 0.0000— 1.9460 all 90090/50090 Brockdale Road 45 30-mph 1.9730—2.0800 portion Budget Impact(amount, funding source,budget amendment): Posting of notice in the Shelton Journal for public notice of hearing and all new signage will be paid out of the Road Fund. Public Outreach (news release,community meeting, etc.): Notice of hearing will be published two(2) consecutives weeks in the Shelton Journal,posted on each road and under"What's New"on the County webpage. C Mason County Agenda Request Form Y /A t! Requested Action: Requesting the Board authorize the following: 1. Set hearings for November 7. 2023 at 9:15am to consider changing the 45mph speed limit on Brockdale Road from milepost 1.9730 to milepost 2.0800 to 30mph.and establishing a 25mph speed limit on all of Sunnyslope Road and Kelly Hall Road. 2. Hearings to consider establishing a 25mph speed limit on Sunnyslope Road. 3. Hearing to consider establishing a 25mph speed limit on Kelly Hall Road. 4. Hearing to consider changing the 45mph speed limit on Brockdale Road from milepost 1.9730 to milepost to 2.0800 to 30mph. Attachments: • Engineering and Traffic Investigations • Notice of Hearings • Maps • Ordinances NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on November 7,2023 at 9:15am. SAID HEARING will be to take public comment on changing the following county road speed limits: Existing Recommended Road Name Speed Speed M.P.—M.P. Comment Sunnyslope Road N/P 25-mph 0.0000—0.5510 all Kelly Hall Road N/P 25-mph 0.0000— 1.9460 all Brockdale Road 45-mph 30-mph 1.9730—2.0800 portion Public testimony will be available in-person or via Zoom. The URL is available on the County website hILtps://www.masoncoimWya.aov/ to sign into the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithkmasoncountywa.gov or mail to the Commissioners' Office, 411 N 5t' St, Shelton, WA 98584; or call(360)427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360)427- 9670 ext. 419. DATED this 10t'day of October, 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Bill: Mason County Dept.of Public Works 100 W Public Works Drive Shelton,WA 98584 Cc: Commissioners Shelton Journal: Publ.2t: 10/19/2023& 10/26/2023 MASON COUNTY DEPARTMENT OF PUBLIC WORKS 9 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: September 20, 2023 TO: Mike Collins, PLS, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limits on Kelly Hall Road and Sunnyslope Road Kelly Hall Road and Sunnyslope Road were recently converted from gravel to paved/chip sealed roads. Before they were paved, both were classified as primitive roads according to RCW 36.75.300. Statutorily defined primitive roads, such as these, are not posted with speed limit or warning signs. With the new paved surfaces, Kelly Hall Road and Sunnyslope Road no longer qualify as primitive roads by State law, and therefore, it is appropriate to establish a speed limit for each. RECOMMENDATION Both roads are classified as low volume residential-local access roads. A review of each was done after paving and Public Works recommends the speed limit for each be set at 25 mph. The roads will be evaluated for any additional warning signs that are needed. MASON COUNTY DEPARTMENT OF PUBLIC WORKS r ti� 100 W PUBLIC WORKS DRIVE �toN C� SHELTON, WASHINGTON 98584 DATE: September 11, 2023 TO: Michael Collin, PLS PE, County Engineer FROM: Dave Smith, PE, Engineering Manager Cc: Loretta Swanson, Director of Public Works SUBJECT: Proposed Speed Limit Change — Brockdale Road Mason County Public Works has received numerous requests from the public and the City of Shelton Public Works department to consider lowering the speed limit on Brockdale Road, just north of Island Lake Drive and Batstone Cut-off Road intersection. This distance is approximately 565 feet. The stated purpose for this request is to reduce the number and severity of crashes by lowering the speed limit through the intersection and to establish a consistent speed limit in both directions. Batstone Cutoff Road is a City of Shelton Road and Island Lake Drive is a Mason County Road. Brockdale Road north of the intersection is a County Road and south of the intersection it is a city road. This proposed change is a coordinated effort between the city and the county to improve safety. Analysis Public Works conducted a safety analysis on Brockdale Road to assist in identifying safety issues and to assist in selecting countermeasures for improvement. The analysis was both qualitative and quantitative and was used to make data-supported recommendations about the type, level, and location of countermeasures. The speed limit is currently 45 mph southbound through the intersection and 30 mph northbound through the intersection. The proposal by the Mason County Public Works Department is a reduction to 30 mph, beginning 565 feet north of the intersection for southbound traffic on Brockdale Road, through Island Lake Drive intersection into the city, where the existing speed limit is already 30 mph. Existing Condition Brockdale Road is one of the most heavily traveled County roads. The area of concern is the highly traveled portion near Island Lake Drive and Batstone Cut-off Road intersection and into the City of Shelton city limits. This is an Urban Major Collector mainly providing city access to residents north and east of Shelton. Traffic counts were taken just north of this intersection and just south of Oak Park Road intersection. Oak Park intersection is the next public intersection north of the intersection. Page 1 of 4 Speed Studies and Traffic Volumes Location MP Direction Volume ADT 85% tile speed Notes MPH 2.05 Northbound 4433 46.0 North of Island Lake Road Southbound 4603 43.3 Speed Limit and Signage Overview The speed limit within the study area is 45 mph. The City of Shelton city limit is at the intersection of Brockdale Road and Island Lake Road and Batstone Cutoff Road. The city has jurisdiction south of the Island Lake Road intersection. Traffic southbound on Brockdale Road approaching Island Lake Road and Batstone Cutoff Road intersection observe a 30-mph speed reduction ahead sign in the city. South of the intersection, the city has Brockdale Road posted at 30 mph for north bound traffic. Put another way, Brockdale Road, through the intersection of Island Lake Road and Batstone Cutoff Road is 45 mph southbound and 30 mph northbound, due to County/City jurisdictional boundaries. This proposed speed limit alteration will establish 30 mph in both directions through the intersection. Crash History Crash frequency represents the number of crashes that have occurred at a particular intersection over a period. It is obtained from the State's crash database. This information provides a summary of crashes by type and location and provides a report of intersections with a history of crashes. Traffic collisions were tallied over the previous five-year period (1/1/2018 to 12/31/2022). The summarized results follow: Collisions at the intersection Collision Type Number of Collisions Percent of Total Entering at Angle 7 54% Rear-end 4 30% Fixed Object 1 8% Sideswipe 1 8% Total 13 100% In the 5-year study period, there were 13 reported collisions. Of those collisions, 12 are attributable to vehicles entering or exiting the intersection. The remaining crash may be intersection related, since often vehicles make evasive maneuvers while avoiding a collision, only to strike a roadside fixed object. There is not enough information in the accident reports to draw a definitive conclusion. Of the 13 crashes associated with the intersection, 9 were during daylight hours, or 69% of the time. Five of the crashes involved serious injuries. There have been no fatality crashes reported in the study area. Page 2 of 4 Geometry The geometric design of intersections can create navigational problems for motorists, potentially contributing to crashes at these locations. Among geometric design elements, two specific issues can cause safety concerns; sight distance limitations and skewed or under designed geometry for the design vehicle. Both Insufficient sight distance and inadequate geometry can be contributing factors in intersection traffic crashes. Sight Distance and Points of Access Intersection sight distance is defined as the distance a motorist can see approaching vehicles before their line of sight is blocked by an obstruction near the intersection. Examples of obstructions include hedges, trees, parked vehicles, utility poles and buildings. Also, horizontal and vertical alignment of the roadway approaching the intersection can reduce the sight triangle of vehicles navigating the intersection. A field assessment was conducted for sight distance at the intersection. Sight distance was measured and is summarized below: Measured Intersection E tering Sight Distance on Brockdale Road Intersection Milepost Looking Left/ Right Island Lake Road 1.973 260 feet / unobstructed Batstone Cutoff Road 1.973 unobstructed / unobstructed Stopping Sight Distances per AASHTO Intersection Milepost Minimum required Island Lake Road 1.973 360 feet at 45 MPH Batstone Cutoff Road 1.973 360 feet at 45 MPH Island Lake Road 1.973 200 feet at 30 MPH Batstone Cutoff Road 1.973 200 feet at 30 MPH Based on existing sight distances at the intersection and the 45 MPH speed limit, stopping sight distance requirements are only minimally met at Island Lake Road intersection with Brockdale Road looking north onto Brockdale Road. Conclusion and Recommendations On the basis of the analysis, it is recommended that the speed limit be lowered from 45 MPH southbound to 30 MPH southbound, and establish the speed limit at 30 MPH for a distance of 565 feet north of the intersections in both directions of travel to align with sight distance standards, to increase safety at the intersection, and to have a consistence speed limit in both the City of Shelton and Mason County. Summary Based on a safety analysis of existing traffic volumes, speeds, crash history, visual observations, and sight distance, it is recommended the speed limit be altered as follows: Southbound on Brockdale Road: Post the speed limit at 30 mph beginning at 565 feet north of Island Lake Road Intersection, to Page 3 of 4 the city limit (Milepost 1.9730 to Milepost 2.0765). Northbound on Brockdale Road: Post the speed limit at 30 mph beginning at the city limit and ending at 565 feet north of the Island Lake Road Intersection. Vicinity Map of Proposal .. .? . . Existing 45 mph 45 mph both both directions directions to remain ..... _. v 573 r qIr U C E LITTLE BEAR LN 0 iE1M1EYETR 10a, r✓h yI„ 0 LAKE OR. FPiN@ EPRAIRIE ''�`yy, Jv dv / PARKIN WOODPL In LU 0 m0 F 9 �fA'RfE�a �� W Existing 45 mph both `T o Z directions to remain. C 0 g, W'o�� � o�el i'�11111p1 aoo kgrleGR � l I n � Change existing 45 mph southbound BA Proposed 30 mph both to 30 mph both directions. directions. o RO o a 0 ` � h c9A ao w JCL nop 0 gq OI F ml� / CFCT p� E EAST S \:�vO EROCK WESTRO �ytiG Existing 30 mph both directions Page 4 of 4 Kelly Hall Road Speed Limit Change -25mph ; o � v MP 1.9460 V-0 O F �- \A y - � J ll! 800 6, Ill r ny Walker CrPe �` s pan IMP 0.0000 Q E711 Ir 0 0.5 1 - s - Miles W BEEVILLE LOOP RD Sunnyslope Road Speed Limit Change — 25mph 4- N o° co IMP 0.5510 C60 4:) Q'4l/ 4 / CO �AN <v z 2N •��' ��� F� mom ason lake D D 0 4 M cn v a 70 Z CjO=4p MP 0.0000 o ° ° 3 W 4(/� w YO .` GD RD CIO 2- cn 4 M cn (P O Z O ir U) LU L, fir aY Ms Q W _! i qp P!4z, Oakln E 0 0.2 0.4 — Miles " ORDINANCE NO. 2023- ESTABLISHING SPEED LIMIT ON KELLY HALL ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, the Mason County Public Works Department has conducted an engineering and traffic investigation on Kelly Hall Road after upgrading with BST surface; and WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on Kelly Hall Road; and, THEREFORE, BE IT RESOLVED that County Commissioner, after due deliberation and in the best interest of the public hereby adopts the speed limit posting for the entirety of Kelly Hall Road as follows: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 01300 Kelly Hall Road N/P 25 0.0000 — 1.9460 THEREFORE, BE IT RESOLVED AND ORDERED, that this speed limit is effective immediately as shown and the County Engineer is directed to erect the necessary signs in conformity herewith. DATED this of , 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON MCKENZIE SMITH, SHARON TRASK, Chair Clerk of the Board APPROVED AS TO FORM: RANDY NEATHERLIN, Vice Chair KEVIN SHUTTY, Commissioner TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor ORDINANCE NO. 2023- ESTABLISHING SPEED LIMIT ON SUNNYSLOPE ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, the Mason County Public Works Department has conducted an engineering and traffic investigation on Sunnyslope Road after upgrading with BST surface; and WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on Sunnyslope Road; and, THEREFORE, BE IT RESOLVED that County Commissioner, after due deliberation and in the best interest of the public hereby adopts the speed limit posting for the entirety of Sunnyslope Road as follows: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 61950 Sunnyslope Road N/P 25 0.0000 — 0.5510 THEREFORE, BE IT RESOLVED AND ORDERED, that this speed limit is effective immediately as shown and the County Engineer is directed to erect the necessary signs in conformity herewith. DATED this of , 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON MCKENZIE SMITH, SHARON TRASK, Chair Clerk of the Board APPROVED AS TO FORM: RANDY NEATHERLIN, Vice Chair KEVIN SHUTTY, Commissioner TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor ORDINANCE NO. 2023- AN ORDINANCE AMENDING 30-81 CHANGING SPEED LIMIT ON BROCKDALE ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and, WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, Mason County Previously established alternate speed limits on Brockdale Road on April 20, 1981 with the adoption of Resolution No.30-81; and, WHEREAS, the Mason County Public Works Department has conducted an engineering and traffic investigation and has determined a portion of Brockdale Road warrants a speed limit change, with the other portions remaining the same; and WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on Brockdale Road; and, THEREFORE, BE IT RESOLVED that County Commissioner, after due deliberation and in the best interest of the public hereby adopts the speed limit posting for the entirety of Brockdale Road as follows: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 90090 Brockdale Road 45 30 1.9730 — 2.0800 45 No change 2.0800 — 4.8050 50090 Brockdale Road 45 No change 4.8050 — 6.2780 THEREFORE. BE IT RESOLVED, that this ordinance amends the portion of Resolution No. 30-81 pertaining to Brockdale Road; and, THEREFORE, BE IT RESOLVED AND ORDERED, that this speed limit is effective immediately as shown and the County Engineer is directed to erect the necessary signs in conformity herewith. DATED this of 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON MCKENZIE SMITH, Clerk of the Board SHARON TRASK, Chair APPROVED AS TO FORM: RANDY NEATHERLIN, Vice Chair KEVIN SHUTTY, Commissioner TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins, PLS, PE Ext.450 Deputy Director/County Engineer Department: Public Works Briefing: ❑X Public Hearing: ❑ Action Agenda: ❑X Special Meeting: ❑ Briefing Date(s): September 25, 2023 Agenda Date: October 10, 2023 Internal Review: ❑ Finance ❑ Human Resources ❑ 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: Road Vacation No.415—Set Hearing Date with Hearings Examiner Background/Executive Summary: Tony Hubert, Shannon Hubert, and Lakeland Village Community Club both own adjacent to E Island Place in the plat of Lakeland Village No. 5 in Volume 8 of plats,page 77. They have petitioned for the vacation of the deeded right of way as attached on Exhibit A. The petitioned street doesn't appear to have been used for public travel. The requested street to vacate has never been maintained or used as a public roadway. The street was dedicated to the public on April 20, 1970, when Lakeland Village No. 5 was originally platted. The road has never been opened. All owners adjacent to this road have joined in the petition to vacate. Vacating this area would create more usable land for both adjacent property owners. Public Works sees no value in opening the proposed vacation area at any point in the future. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portion of road right-of-way requested to be vacated and solicited comments on the proposed vacation. Our findings are the following: 1. The road is not presently in use by the public. 2. The road is classified as"Class A"per RCW 36.87.120 & MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent(50%) of appraised value. The square footage adjacent to Lot 65 is 4540 sq ft, and the cost per square foot is $2.32. The compensation amount due for Lot 65 is $5,266.40. The square footage adjacent to Lot 66 is 5330 sq ft, and the cost per square foot is $1.80. The compensation amount due for Lot 66 is $4,797.00. 3. The proposed vacation areas are not deemed necessary for future use for the County Road system. 4. The public will benefit from this action since it will add the vacated area to the tax rolls and relieve the county of liability. 5. The petitioners have paid in full the required administrative fee of$1000.00. The compensation amounts due for both Lots is $10,063.40, due upon approval. C Mason County Agenda Request Form Y /A t! Budget Impact(amount, funding source, budget amendment): Petitioners have paid the required administrative fee of$1,000 for the Petition for Vacation of County Road. The road is classified as"Class A"per RCW 36.87.090, compensation is fifty percent(50%)of appraised value. The remaining compensation amounts for both Lots is $10,063.40, due upon approval of the road vacation. Public Outreach (news release, community meeting, etc.): Notice of Intent to vacate will be published in the Shelton Journal two times and posted in three locations, one, onsite and the other two in area of vacation. Requested Action: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for November 8, 2023, at 1:OOpm via zoom to consider public comment on Road Vacation No. 415. Attachments: 1. Engineer's Report 2. Hearing Notice MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: July 24, 2023 TO: Mason County Hearings Examiner FROM: Mike Mclrvin, County Surveyor, for Mike Collins, County Engineer, and Deputy Director Cc: David Smith, Engineering and Construction Manager SUBJECT: ENGINEER'S REPORT— ROAD VACATION FILE NO. 415 Vacate all of E Island Place, in the Plat of Lakeland Village No. 5 in Volume 8 of plats, page 77, as dedicated on April 20, 1970, in Mason County Washington, in Section 19,Township 22 North, Range 1 West, W.M. BACKGROUND: Tony Hubert, Shannon Hubert, and Lakeland Village Community Club both own adjacent to E Island Place in the plat of Lakeland Village No. 5 in Volume 8 of plats, page 77. They have petitioned for the vacation of the deeded right of way as attached on Exhibit A. The petitioned street doesn't appear to have been used for public travel. The requested street to vacate has never been maintained or used as a public roadway. The street was dedicated to the public on April 20, 1970, when Lakeland Village No. 5 was originally platted. The road has never been opened. All owners adjacent to this road have joined in the petition to vacate. Vacating this area would create more usable land for both adjacent property owners. Public Works sees no value in opening the proposed vacation area at any point in the future. In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined the portion of road right-of- way requested to be vacated and solicited comments on the proposed vacation. Our findings are the following: 1 1. The road is not presently in use by the public. 2. The road is classified as "Class A" per RCW 36.87.120 & MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent (50%) of appraised value. The square footage adjacent to Lot 65 is 4540 sq ft, and the cost per square foot is $2.32. The compensation amount due for Lot 65 is $5,266.40. The square footage adjacent to Lot 66 is 5330 sq ft, and the cost per square foot is $1.80. The compensation amount due for Lot 66 is $4,797.00. 3. The proposed vacation areas are not deemed necessary for future use for the County Road system. 4. The public will benefit from this action since it will add the vacated area to the tax rolls and relieve the county of liability. 5. The petitioners have paid in full the required administrative fee of$1000.00. The compensation amounts due for both Lots is $10,063.40, due upon approval. Public Notice Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Recommendation Public Works recommends the vacation of all of E Island Place, in the Plat of Lakeland Village No. 5 in Volume 8 of plats, page 77. The vacated area will still be subject to existing easements for ingress and egress or other purposes, if any, and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. Attachments: • Petition: Exhibit A pages 1 - 5 • Aerial Plat Map: Exhibit B • Legal Description: Exhibit C 2 MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD RECEIVED TO: Board of Mason Count\,Commissioners c/o: Mason County Public Works Department J U N 16 2023 100 W. Public Works Drive Shelton.WA 98584 �f 1 MgSp{�COUNTY PUBLIC WORKS Applicant Name: 1�1/'l-bh '��ti� �1 Mailing Adaress: I 7-+b me V31L U/_ fti, 6V - Y k 0p g Zg Phone Number: Email Address: !i& a , Parcel Number: We, the undersigned, being owners of the majority of the frontage of the below-described county road, hereby petition the Board of Mason County Commissioners for vacation of the following described county road: � Road Name: Road Number: Description of road right of way to be vacated: cud- 0,1u Pft- C Iti 2 - 44-0646 a Plat Namelkkt"' b q Recording Date: U��� Section: Township: K161R1 Range: Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION.PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County,Washington. II That contact information,signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated are provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 900 11.E Iqt 6t wi, 1M4J) TA4 11.v 11)_115 x 2 /.� 3 6 o - ?apel S oo D PETITION FOR VACATION OF COUNTY ROAD Page I PETITION -EXHIBIT "A" NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 3 X 4 X (Additional petitioners are listed on the attachment hereto.) III That, if the plat was recorded prior to March, 12, 1904, and, if the right of way is not now in use as a public road, the following proof is provided that the road was never opened for public travel for five years following recording of the plat: IV That such county road right of way is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons: aA 0 : �i „ a{ ntkd) A-rto" V That this road vacation is requested for die following purpose: 11'll(�44�CVlf��t2� G(,Gki�'tt6 VI That this petition is accompanied by an Administrative fee of One Thousand Dollars ($1,000.00), payable to Mason County Public Works, pursuant to statute, conditioned upon petitioners paying into the Mason County Road Fund the amount of all costs and expenses incurred in the examination,report and all proceedings pertaining to this petition for the vacation of said road right of way. The County also requires compensation for Class A(50%)and Class B (100%)of appraised value. DATED this day of ,20 PETITION FOR VACATION OF COUNTY ROAD Page 2 PETITION -EXHIBIT "A" ATTACHEMENT TO PETITION FOR VACATION OF COUNTY ROAD ADDITIONAL PETITIONERS NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 7 x x x 9 x 10 x 11 x 12 x 13 x PETITION FOR VACATION OF COUNTY ROAD Page 3 PETITION -EXHIBIT "A" 4ason poynty WA GIS 2/15/23,7:16 AM Mason County WA CIS i 122205400066 x Q Show search results for 12220... O O1 220540 .1...Z ♦ 660 E LAKESHORE DRY 8 E LAKESHORE OR t 122205400063 i 122205400057 12220 122205400056 721 E LAKESHORE DR 121iq`.1�fu1G-1 122200060010 k>L�f DR 122195000056 20 E ISLAND Pl. 681 E LAKESHORE DR 122205400065 � 122205400067 / 21 E ISLAND Pl.122205400066 J 122301004000 122307600010 100R 122.848 47.375 Degrees F and Management, Esri Canada, Esri, HE... https://gis.masoncountywa.gov/mason/?find=122205400066&_gl=1'..!_ga_81P1QX4XM5•MTY3NjQ3MzU1Ni4yLjEuMTY3NjQ3NDExOC4wLjAuMA.. Page 1 of 1 PETITION -EXHIBIT "A" Road Vacation # 415 - E Island Place in Lakeland Village No. 5 122195000077 122205400060 122195000086 122205400052 122205400061 122205400059 122205400116 122205400062 122205400058 122205400053 you 122205400057 122205400054 122205400063 122205400055 122205400056 122205400064 122195000056 �OQ RE�R `122200060010 �Q' KESN0 lot 65: 4540 sq ft. ♦♦��♦�♦�♦♦ ��� E�-p► ♦♦♦♦..♦ 122205400065 ♦::♦♦ lot 66: 5330 sq ft. 122205400068 122205400067 122205400069 122205400066 122301004000 122307600010 122307600020 Legal Description EXHIBIT"C" Vacate all of E Island Place, in the Plat of Lakeland Village No. 5 in Volume 8 of plats, page 77, as dedicated on April 20, 1970, in Mason County Washington, in Section 19, Township 22 North, Range 1 West, W.M. EXHIBIT"C LEGAL DESCRIPTION RESOLUTION NO. VACATION FILE NO. 415 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting for the vacation of the following right of way: Vacate all of E Island Place, in the Plat of Lakeland Village No. 5 in Volume 8 of plats, page 77, as dedicated on April 20, 1970, in Mason County Washington, in Section 19, Township 22 North, Range 1 West, W.M. WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, November 8, 2023 at 1:00 p.m. via Zoom, at which time any taxpayer may appear via Zoom to hear the County Engineer's report and be heard either for or against the vacation of the above said portion of road located in Mason County Washington. For those unable to attend the hearing email testimony to mfrazier(a)co.mason.wa.us. Visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Mariah Frazier at mfrazier(cbco.mason.wa.us or call (360)427-9670 Ext 365 for Zoom information. DATED this day of , 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice Commissioner Tim Whitehead, Ch. DPA Assessor Auditor Kevin Shutty, Commissioner County Engineer Petitioner Post no later than 10/20/2023 (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 415 JOURNAL— Publish 2t: 10/19/23 — 10/26/23 (Bill Public Works) Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator September 25, 2023 Specific Items for Review → Emergency activation exercise at Oysterfest; use of CodeRed – John Taylor → IT cyber security County-wide group – John Taylor → 2024 Lead Pay requests – Mary Ransier → Career incentive requests – Mary Ransier → August financial report – Jennifer Beierle → .09 Rural Sales Tax funding request from the Economic Development Council – Jennifer Beierle → Take home vehicles – Mark Neary → Letters of support requests from the Economic Development Council – Mark Neary → Defense and Indemnification Request for Joel Harris – Nichole Wilston Administrator Updates Commissioner Discussion → Letter of support request from The Arc of the Peninsulas – Cmmr. Neatherlin C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: 0 Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 09/26/2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Activation for Oyster Fest Background/Executive Summary: Highlighted during the After-Action Review from the McEwen Fire is the inability of Mason County Emergency Management(EOC)to fully activate an Emergency Operations Center due to the lack of trained staff.Realizing the life-safety supporting efforts an EOC provides to First Responders and Incident Command, an immediate solution is necessary to comply with federal, State,and Mason County laws and codes. After careful consideration from multiple professionals, it resulted in the creation of the Unified Command Group(UCG),which consists of current Emergency Management Duty Officers,including the Director and Deputy Director of MACECOM.The UCG element is positioned between the Agency Administrator(County Administrator)and the MC Emergency Operations System(MCEOS). The appropriate modifications are being implemented into the Mason County Comprehensive Emergency Management Plan(CEMP). To ensure the appropriate modifications are effective,Mason County has activated a STATE OF EMERGENCY(SOE)during Oyster Fest from October 7-8,2023,to exercise the UCG concept formally. In accordance with State requirements(RCW 38.52),the County Code(2.19), and Mason County CEMP the activation level of SOE generates a State Mission Number,and the NIMS requires an after-action review. Budget Impact(amount,funding source,budget amendment): None Public Outreach (news release,community meeting, etc.): N/A Requested Action: None(INFORMATION) C Mason County Agenda Request Form Y /A t! Attachments Mason County Activation Organization Chart As Of. 08/09/2023 MASON COUNTY(MC)ACTIVATION ORGANIZATION CHART As Of: 08/09/2023 MC Emergency Operations System Organizational Chart Policy Group County Commissioners Agency Administrator MC Unified Command Group Operations Finance Division Planning Division Support Division Logistics Division Division MC Incident Assessor's Branch Auditor's Branch Law Enforcement Superior Court Treasurer Branch Commander Branch Branch REQUIRED TRAINING: IS-100, IS-200, IC-700, IS-800, ICS-191, ICS-402 Under the EOC less autonomy exists because of the structure requirement to be fully reimbursable. MC Incident Command System Organizational Chart Policy Group County Commissioners If Agency Administrator MC Unified Command Group MC Incident Assessor Incident Auditor Incident Law Enforcement Superior Court Treasurer Incident Commander Commander Commander Incident Incident Commander Commander Commander REQUIRED TRAINING: IS-100, IS-200, IC-700, IS-800, ICS-191, ICS-300, ICS-400, ICS-402 Under ICS/Incident Commander,Autonomy for operations is assigned to the Incident Commander outlined in their Incident Action Plan(IAP) Fully reimbursable all positions. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 09/25/2023 Agenda Date: October 10,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Formal Adoption of Emergency Support Function Seventeen-Mason County Cyber Security Group(MCCSG) Background/Executive Summary: As recommended by the Federal Cybersecurity Information Sharing(CIS)Act of 2015 and the National Cyber Incident Response Plan(December 2016),under the administrative oversight of Mason County Emergency Management(Washington State RCW 38.52 and MC Code 2.19),the formal adoption of such a workgroup formalizes their efforts within the federal, state,and locally adopted response efforts.The MCCSG consists of county partnerships inside and outside of Mason County,other jurisdictions,Tribal Nations, and for-profit and non-profit in a consolidated effort to protect all network assets. Formalizing the MCCSG links Mason County to the national effort to secure all networks, such as the State, Local,Tribal,and Territorial(SLTT)communities consisting of Regional Homeland Security Offices and Fusion Centers,Multi-State Information Sharing and Analysis Center(ISAC),other government networks,and the national and Washington State Chief Information Officer's representative for cybersecurity information sharing. In addition, formalization prioritizes MCCSG eligibility to apply for and receive Urban Area Security Initiative grant funding.Additionally,professional assistance is available from the Department of Homeland Security (DHS)National Protection and Programs Directorate field personnel,district-level Cybersecurity Advisors working closely with the National Chief Information Security Officers and cyber emergency management communities as cybersecurity subject matter experts,regional directors, and Protective Security Advisors,and the Governors Homeland Security Advisors Council. By formally adopting the MCCSG under the CIS Act of 2015,to include the additional guidelines preserving authorized restrictions on information access and disclosure, including means for the protection of personal privacy and proprietary information, are listed below. https://csrc.nist.gov/gloss4ry/ten-n/confidentiali o�ry/term/confidentiality C Mason County Agenda Request Form Y /A t! T Budget Impact(amount, funding source,budget amendment): To Be Determined Public Outreach (news release,community meeting, etc.): None Requested Action: The Commission approves the form adoption of the Mason County Cybersecurity Group(MCCG). Attachments National Cyber Incident Response Plan(2016) ESF Mason County ESF 17 Cyber Security Or �o oii� 01111001114�1, 'r 1 � o : ooiootolo10010010 " 0 '00 0j1o1aa1p1o110100101✓' 0O020000�p000lo0041�G', ja �o�ppl0/000/ NATIONAL CYBER INCIDENT RESPONSE PLAN December 2016 Homeland Security National Cyber Incident Response Plan This page intentionally left blank. 1I National Cyber Incident Response Plan Table of Contents EXECUTIVESUMMARY........................................................................................................................4 INTRODUCTION.......................................................................................................................................6 SCOPE.........................................................................................................................................................6 GUIDINGPRINCIPLES............................................................................................................................7 RELATIONSHIP TO NATIONAL PREPAREDNESS SYSTEM.........................................................8 ROLES AND RESPONSIBILITIES.......................................................................................................10 CONCURRENT LINES OF EFFORT.......................................................................................................11 THREATRESPONSE.............................................................................................................................12 PrivateSector...............................................................................................................................................12 State,Local,Tribal,and Territorial Governments..................................................................................13 FederalGovernment...................................................................................................................................13 ASSETRESPONSE.................................................................................................................................14 PrivateSector...............................................................................................................................................14 State,Local,Tribal,and Territorial Government....................................................................................16 FederalGovernment...................................................................................................................................17 INTELLIGENCE SUPPORT....................................................................................................................19 State,Local,Tribal,and Territorial Government....................................................................................19 FederalGovernment...................................................................................................................................20 AFFECTED ENTITY'S RESPONSE........................................................................................................21 Cyber Incidents Involving Personally Identifiable Information.............................................................21 CORECAPABILITIES...........................................................................................................................21 AccessControl and Identity Verification..................................................................................................22 Cybersecurity...............................................................................................................................................22 Forensicsand Attribution...........................................................................................................................22 InfrastructureSystems................................................................................................................................23 Intelligence and Information Sharing........................................................................................................23 Interdictionand Disruption........................................................................................................................23 Logistics and Supply Chain Management.................................................................................................24 OperationalCommunications....................................................................................................................24 OperationalCoordination..........................................................................................................................24 Planning.......................................................................................................................................................24 PublicInformation and Warning...............................................................................................................25 Screening,Search,and Detection...............................................................................................................25 SituationalAssessment................................................................................................................................25 Threats and Hazards Identification...........................................................................................................25 COORDINATING STRUCTURES AND INTEGRATION.................................................................26 COORDINATING STRUCTURES............................................................................................................26 PrivateSector...............................................................................................................................................26 State,Local,Tribal,and Territorial Governments..................................................................................27 FederalGovernment...................................................................................................................................28 International................................................................................................................................................29 OPERATIONAL COORDINATION DURING A SIGNIFICANT CYBER INCIDENT..................................29 Determinationof Incident Severity............................................................................................................29 Enhanced Coordination Procedures..........................................................................................................31 CyberUCG..................................................................................................................................................31 Information Sharing During Cyber Incident Response...........................................................................34 I2 National Cyber Incident Response Plan CONCLUSION.........................................................................................................................................34 ANNEX A: AUTHORITIES AND STATUTES.....................................................................................36 ANNEX B: CYBER INCIDENT SEVERITY SCHEMA......................................................................38 ANNEX C: CYBER INCIDENT SEVERITY SCHEMA/NATIONAL RESPONSE COORDINATION CENTER ACTIVATION CROSSWALK.............................................................39 ANNEX D: REPORTING CYBER INCIDENTS TO THE FEDERAL GOVERNMENT...............40 ANNEX E: ROLES OF FEDERAL CYBERSECURITY CENTERS.................................................43 ANNEX F: CORE CAPABILITIES AND CRITICAL TASKS...........................................................45 ANNEX G: DEVELOPING AN INTERNAL CYBER INCIDENT RESPONSE PLAN ..................53 ANNEX H: CORE CAPABILITY/NIST CYBERSECURITY FRAMEWORK/PPD-41 CROSSWALK...........................................................................................................................................54 ANNEX I: ADDITIONAL RESOURCES..............................................................................................59 ANNEXJ: ACRONYM LIST..................................................................................................................60 3 � National Cyber Incident Response Plan Executive Summary Networked technologies touch every corner of the globe and every facet of human life. They have driven innovation,nurtured freedoms, and spurred economic prosperity. Even so,the very technologies that enable these benefits offer new opportunities for malicious and unwanted cyber activities. The risks associated with the Nation's dependence on these networked technologies led to the development of Presidential Policy Directive 41 (PPD-41): United States Cyber Incident Coordination,which sets forth principles governing the Federal Government's response to any cyber incident,whether involving government or private sector entities. PPD-41 recognizes that the frequency of cyber incidents is increasing, and this trend is unlikely to be reversed anytime soon. The most significant of these incidents,those likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the American people,necessitate deliberative planning, coordination, and exercising of response activities, in order to minimize the threat and consequences to the Nation, infrastructure, and way of life. The National Cyber Incident Response Plan(NCIRP or Plan)was developed according to the direction of PPD-41 and leveraging doctrine from the National Preparedness System to articulate the roles and responsibilities, capabilities, and coordinating structures that support how the Nation responds to and recovers from significant cyber incidents posing risks to critical infrastructure. The NCIRP is not a tactical or operational plan; rather, it serves as the primary strategic framework for stakeholders to understand how federal departments and agencies and other national-level partners provide resources to support response operations. Authored in close coordination with government and private sector partners,the NCIRP expounds upon the concurrent lines of effort, defined by PPD- 41, for how the Federal Government will organize its activities to manage the effects of significant cyber incidents. The concurrent lines of effort are threat response, asset response, intelligence support, and the affected entity, which undertakes efforts to manage the effects of the incident on its operations, customers, and workforce. The activities and lead federal agencies for each line of effort within the Cyber Unified Coordination Group are described below. ■ The Department of Justice is the lead agency for threat response during a significant cyber incident, acting through the Federal Bureau of Investigations and National Cyber Investigative Joint Task Force. Threat response activities include conducting appropriate law enforcement and national security investigative activity at the affected entity's site; collecting evidence and gathering intelligence;providing attribution; linking related incidents; identifying additional affected entities; identifying threat pursuit and disruption opportunities; developing and executing courses of action to mitigate the immediate threat; and facilitating information sharing and operational coordination with asset response. ■ The Department of Homeland Security is the lead agency for asset response during a significant cyber incident, acting through the National Cybersecurity and Communications Integration Center. Asset response activities include furnishing technical assistance to affected entities to protect their assets,mitigate vulnerabilities, and reduce impacts of cyber incidents; identifying other entities that may be at risk and assessing their risk to the same or similar vulnerabilities; assessing potential risks to the sector or region, including potential cascading effects, and developing courses of action to mitigate these risks; facilitating information sharing and I4 National Cyber Incident Response Plan operational coordination with threat response; and providing guidance on how best to utilize federal resources and capabilities in a timely, effective manner to speed recovery. ■ Threat and asset responders will share some responsibilities and activities,which may include communicating with affected entities to understand the nature of the cyber incident;providing guidance to affected entities on available federal resources and capabilities;promptly disseminating through appropriate channels intelligence and information learned in the course of the response; and facilitating information sharing and operational coordination with other Federal Government entities. ■ The Office of the Director of National Intelligence is the lead coordinator for intelligence support during a significant cyber incident, acting through the Cyber Threat Intelligence Integration Center. Intelligence support and related activities include providing support to federal asset and threat agencies and facilitate the building of situational threat awareness and sharing of related intelligence;the integrated analysis of threat trends and events; the identification of knowledge gaps; and the ability to degrade or mitigate adversary threat capabilities. ■ An affected federal agency shall engage in a variety of efforts to manage the impact of a cyber incident,which may include maintaining business or operational continuity; addressing adverse financial impacts;protecting privacy; managing liability risks; complying with legal and regulatory requirements (including disclosure and notification); engaging in communications with employees or other affected individuals; and dealing with external affairs (e.g., media and congressional inquiries). The affected federal agency will have primary responsibility for this line of effort. ■ When a cyber incident affects a private entity,the Federal Government typically will not play a role in this line of effort,but it will remain cognizant of the affected entity's response activities, consistent with the principles above and in coordination with the affected entity. The relevant sector-specific agency will generally coordinate the Federal Government's efforts to understand the potential business or operational impact of a cyber incident on private sector critical infrastructure. The NCIRP builds upon these lines of effort to illustrate a national commitment to strengthening the security and resilience of networked technologies and infrastructure. This Plan outlines the structure and content from which stakeholders can leverage to inform their development of agency-, sector-, and organization-specific operational response plans. Correspondingly, this Plan should be understood to be a living document,to be updated as needed to incorporate lessons-learned, to reflect opportunities and challenges that arise as technology evolves, and to ensure the Plan adequately addresses a changing threat/hazard environment. 5 � National Cyber Incident Response Plan Introduction The National Cybersecurity Protection Act of 2014(NCPA)1 consequently codified in the Homeland Security Act2,mandates that the Department of Homeland Security(DHS), in coordination with appropriate entities and individuals, develop,regularly update,maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. Presidential Policy Directive (PPD)-41: U.S. Cyber Incident Coordination and the associated Annex,3 set forth principles governing the Federal Government's response to any cyber incident,provide an architecture for coordinating the response to significant cyber incidents, and required DHS to develop a National Cyber Incident Response Plan(NCIRP or Plan)to address cybersecurity risks to critical infrastructure. The NCIRP is part of the broader National Preparedness System and establishes the strategic framework and doctrine for a whole-of-Nation4 approach to mitigating, responding to, and recovering from a cyber incident. This approach includes and strongly relies on public and private partnerships to address major cybersecurity risks to critical infrastructure. ■ Response Plan Purpose and Organization—The NCIRP provides guidance to enable a coordinated whole-of-Nation approach to response activities and coordination with stakeholders during a significant cyber incident impacting critical infrastructure. The NCIRP sets common doctrine and a strategic framework for national, sector, and individual organization cyber operational plans. ■ Intended Audience—The intended audience for the NCIRP is U.S. organizations. However, it may also enhance our international partners' understanding of the U.S. cyber incident coordination. This whole-of-Nation concept focuses efforts and enables the full range of stakeholders—the private and nonprofit sectors (including private and public owners and operators of critical infrastructure), state, local, tribal,territorial (SLTT)governments, and the Federal Government—to participate and be full partners in incident response activities. Government resources alone cannot meet all the needs of those affected by significant cyber incidents. All elements of the community must be activated, engaged, and integrated to respond to a significant cyber incident. Scope Cyber incident response is an important component of information and communications technology (ICT) and operational technology programs and systems. Performing incident response effectively is a complex undertaking and requires substantial planning and resources to establish a successful incident response capability. The NCIRP is the strategic framework for operational coordination among federal and SLTT governments,the private sector, and international partners. Developed according to the guiding principles outlined in PPD-41 and leveraging doctrine from the National Preparedness System and 1 The National Cybersecurity Protection Act of 2014.Public Law 113-282.December 18,2014)). hgps://www.con rg ess.gov/113/plaws/publ282/PLAW-113publ282.pdf. 2 6 U.S.0§ 149 3 PPD-41: U.S. Cyber Incident Coordination.hlt 2s://www.whitehouse. ovg /the-press-office/2016/07/26/presidential- policy-directive-united-states-cyber-incident;Annex for Presidential Policy Directive-41--United States Cybe Incident Coordination,https://www.whitehouse. ovg /the-press-office/2016/07/26/annex-presidential-policy- directive-united-states-cyber-incident. 4 The whole-of-Nation approach also encompasses a wide range of new and existing public and private partnerships to leverage as a platform in working towards managing cybersecurity threats and hazards to critical infrastructure. � 6 National Cyber Incident Response Plan the National Incident Management System(NIMS),5 the NCIRP sets the strategic framework for how the Nation plans,prepares for, and responds to cyber incidents by establishing an architecture for coordinating the broader community response during a significant cyber incident in accordance with U.S. law and policy. A list of authorities is found in Annex A: Authorities and Statutes. The NCIRP is also designed to integrate and interface with industry standards and best practices for cybersecurity risk management, as developed by the National Institute of Standards and Technology's (NIST) Framework for Improving Critical Infrastructure Cybersecurity.6 The NCIRP is not a tactical or operational plan for responding to cyber incidents. However, it should serve as the primary strategic framework for stakeholders when developing agency-, sector-, and organization-specific operational plans. This Plan will help those affected by cyber incidents understand how federal departments and agencies and other national-level partners provide resources to support SLTT and private sector response operations. It should also serve as the basis for national cyber operational playbooks and individual critical infrastructure sector operational coordination plans, as well as be referenced by individual entities in their own plan development. In all cases, incident response activities will be conducted in accordance with applicable law and policy. Guiding Principles The NCIRP is based on several guiding principles outlined in PPD-41 for the response to any cyber incident,whether involving government or private sector entities. These principles include: ■ Shared Responsibility. Individuals,the private sector, and government agencies have a shared vital interest and complementary roles and responsibilities in protecting the Nation from malicious cyber activity and managing cyber incidents and their consequences. ■ Risk-Based Response. The Federal Government will determine its response actions and the resources it brings to bear based on an assessment of the risks posed to an entity, our national security, foreign relations,the broader economy,public confidence,privacy and civil liberties, or the public health and safety of the American people. Critical infrastructure entities also conduct risk-based response calculations during cyber incidents to ensure the most effective and efficient utilization of resources and capabilities. ■ Respecting Affected Entities. To the extent permitted under law,Federal Government responders will safeguard details of the incident, as well as privacy, civil liberties, and sensitive private sector information, and generally will defer to affected entities in notifying other affected private sector entities and the public. In the event of a significant cyber incident where the Federal Government interest is served by issuing a public statement concerning an incident, federal responders will coordinate their approach with the affected entities to the extent possible. ■ Unity of Governmental Effort. Various government entities possess different roles, responsibilities, authorities, and capabilities that can all be brought to bear on cyber incidents. These entities must coordinate efforts to achieve optimal results. The first federal agency to become aware of a cyber incident will rapidly notify other relevant federal agencies to facilitate a unified federal response and ensure that the right combination of agencies responds to a particular incident. When responding to a cyber incident in the private sector,unity of effort synchronizes the overall federal response, which prevents gaps in service and duplicative efforts. SLTT governments also have responsibilities, authorities, capabilities, and resources that can be 5 NIMS.hqp://www.fema.gov/national-incident-management-system. 6 Framework for Improving Critical Infrastructure Cybersecurity,version 1.0.National Institute of Standards and Technology,February 12,2014.hllps://www.nist.gov/sites/default/files/documents/cyberframework/cybersecurity- framework-021214.pdf. 7 � National Cyber Incident Response Plan used to respond to a cyber incident; therefore, the Federal Government must be prepared to partner with SLTT governments in its cyber incident response efforts. The transnational nature of the Internet and communications infrastructure requires the United States to coordinate with international partners, as appropriate, in managing cyber incidents. ■ Enabling Restoration and RecoyM. Federal response activities will be conducted in a manner to facilitate restoration and recovery of an entity that has experienced a cyber incident,balancing investigative and national security requirements,public health and safety, and the need to return to normal operations as quickly as possible. While steady-state activities and the development of a common operational picture are key components of the NCIRP,the Plan focuses on building the mechanisms needed to respond to a significant cyber incident. Table 1 below describes the difference between a"cyber incident"and a "significant cyber incident"as outlined in PPD-41. The Federal Government uses the Cyber Incident Severity Schema(detailed in Annex B: Cyber Incident Severity Schema)to describe the incident level, the process to determine the severity of an incident, and the threshold for designating a significant cyber incident affecting the United States or its interest abroad. The United States Computer Emergency Readiness Team(US-CERT)website also provides a list of types of common ways cyber incidents can occur and exploit information and assets.7 Table 1: Cyber Incident Definitions from PPD-41 Incident Definition Cyber Incident An event occurring on or conducted through a computer network that actually or imminently jeopardizes the confidentiality, integrity, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon. Significant Cyber Incident A cyber incident that is (or group of related cyber incidents that together are) likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the American people. Relationship to National Preparedness System While the NCIRP focuses on cyber incident response efforts, the National Preparedness System outlines a broader architecture that establishes how the broader community prevents,protects against,mitigates, responds to, and recovers from all threats and hazards. Specifically,the National 7 https://www.us-cert.gov/incident-notification-guidelines#attack-vectors-taxonomy s The Response Federal Interagency Operational Plan, Second Edition,August 2016,describes the whole community and includes all individuals and household members,specifically inclusive of people with disabilities, children,older Americans,people with different levels of language English proficiency,communities,the private and nonprofit sectors,faith-based organizations,and local,state,tribal,territorial,insular area,and the Federal Government—and the Nation as a whole.https://www.fema.gov/media-library-data/1471452095112- 507e23ad4d85449ffl 31 c2b025743101/Response_HOP_2nd.pdf � 8 National Cyber Incident Response Plan Response Framework(NRF)9 sets the doctrine and provides guidance for how the Nation builds, sustains, and delivers the response core capabilities identified in the National Preparedness Goal." To further connect the NCIRP with the NRF, the Homeland Security Act 11 states the Secretary of DHS, in coordination with the heads of other appropriate federal departments and agencies, and in accordance with the NCIRP under that Act, shall regularly update,maintain, and exercise the Cyber Incident Annex to the NRF of the Department. The NCIRP leverages the doctrine, capabilities, and organizing structures of the NRF, and both the NRF and NCIRP structures align with NIMS as described below. NIMS provides the common language and incident management structure for government at all levels (federal and SLTT) and the private sector, and defines standard command and management structures. Successful response efforts, including cyber incident responses, depend on a common, interoperable approach for sharing resources, coordination, and communicating information.NIMS defines this comprehensive approach and enables the whole-of-Nation12to work together to prevent, protect against,mitigate,respond to, and recover from the effects of incidents regardless of cause, size, location, or complexity. All of the components of the NIMS—resource management,management and coordination, and communications and information management—provide a common framework by which jurisdictions and organizations, which vary in authorities,management structures, communication capabilities, and protocols, integrate with one another to achieve common goals. These concepts can also apply to cyber incident response, in that they address: ■ The development of a single set of incident objectives; ■ The use of a collective, strategic approach to incident management; ■ The improvement of information flow and coordination; ■ The creation of a common understanding of joint priorities and limitations; ■ The need to maintain an agency's legal authorities; and ■ The optimization of the combined efforts of all participants in the incident. The NRF also includes 14 Emergency Support Functions (ESF)13; these federal coordinating structures group resources and capabilities into functional areas that are most frequently needed in a national response. ESFs are an effective way to bundle and manage resources to deliver the core capabilities outlined in the NRF. These ESFs bring together the capabilities of federal departments and agencies and other national-level assets to support incident response. The ESFs are not based on 9 The NRF is one of five frameworks in the National Preparedness System;it describes how the whole community works together to achieve the National Preparedness Goal within the Response mission area. hqp://www.fema.gov/national-response-framework. "h!W://www.fema.gov/national-]2reparedness-goal. 116 U.S.C. § 149 12 The National Preparedness System refers to whole community vs the NCIRP describing a whole-of-Nation approach because of the nature of cyber infrastructure and associated incidents. The guidance,programs,processes, and systems that support each component of the National Preparedness System enable a collaborative,whole community approach to national preparedness that engages individuals,families,communities,private and nonprofit sectors,faith-based organizations,and all levels of government. https://www.fema.gov/media-library- data/20130726-1855-25045-8110/national preparedness system final.pdf 13 http://www.fema.gov/national-preparedness-resource-librgM. 9 � National Cyber Incident Response Plan the capabilities of any single department or agency but are groups of organizations that work together to support an effective response. Activation of the ESFs, either by the DHS Federal Emergency Management Agency(FEMA) or as directed by the Secretary of Homeland Security, depends upon the response activities needed to support the incident. Specifically,through ESF#2 (Communications),the Federal Government can coordinate the response to and recovery from a significant cyber incident that also creates large-scale physical effects with the communications sector and across the other ESFs. In an incident with cyber and physical effects, the significant cyber incident response mechanism outlined in the Coordinating Structures and Integration section of this Plan will coordinate with the established ESFs,to include ESF#2. A graphic comparing the Cyber Incident Severity Schema and Activation Level of the National Response Coordination Center is provided in Annex C. This center is a multiagency center that coordinates the overall federal support for major incidents and emergencies.14 The next section describes the concurrent lines of effort outlined in PPD-41 and identifies key roles and responsibilities for not only the federal and SLTT governments' response but also the private sectors' response to a cyber incident as they own and operate the bulk of the Nations' critical infrastructure. Roles and Responsibilities Every day, various organizations across the public and private sectors manage,respond to, and investigate cyber incidents through concurrent lines of effort. Fostering unity of effort during incident response requires a shared understanding of the roles and responsibilities of all participating organizations, to include roles that may be unique or particularly relevant for protecting the Nation from malicious cyber activity and managing cyber incidents and their consequences. The Federal Government maintains a wide range of capabilities and resources that may be required to respond to a cyber incident,many of them through its cybersecurity centers which are further described in Annex E: Roles of Federal Cybersecurity Centers. In responding to any cyber incident and recognizing the shared responsibility for cybersecurity,the Federal Government organizes its' response activities based upon four concurrent lines of effort: threat response, asset response, intelligence support, and the affected entity's internal response activities. When a cyber incident affects a private entity,the Federal Government will typically not play a direct role in the affected entities'response activities but will remain cognizant of their activities and coordinate appropriately with the affected entity. Where possible, and especially where incidents may escalate on the Cyber Incident Severity Schema,the Federal Government will conduct coordinated outreach efforts with the affected entity and offer to assist with asset response, threat response, and intelligence support activities, consistent with the guiding principles described in the Scope section of this Plan. Cyber incidents can result from the actions, or inactions, of a single individual. When engaged and educated, individuals, families, and households can greatly reduce the impact, disruption, and damage caused by a cyber event. While most cyber incidents may not involve assistance from private citizens, incidents can reduce the risk and potential impact of a cyber incident to their personal property. Resources and guidance are available at www.ready.gov/cyber-attack that private citizens is The National Response Coordination Center.https://www.fema.gov/media-library-data/1440617086835- f6489d2de59dddeba8bebc9b4d419009/NRCC_July 2015.pdf 10 National Cyber Incident Response Plan can leverage before, during, and after a cyber incident. US-CERT also provides information to home users on security risks and countermeasures associated with home Internet connectivity.15 Concurrent Lines of Effort Recognizing the shared responsibility for cybersecurity,response activities in the NCIRP are undertaken through three concurrent lines of effort: threat response, asset response, intelligence support and related activities. A fourth line of effort is the affected entity's response efforts.16 These concurrent lines of effort provide a foundation for harmonizing various response efforts and fostering coordination and unity of effort before, during, and after any cyber incident response. Federal and non-federal entities should remain cognizant of these lines of effort and facilitate their activities accordingly while responding to cyber incidents. Table 2. Lead Federal Agencies During Significant Cyber Incidents Affecting Civilian Networks" Line of Effort Lead Federal Agency Threat Response Department of Justice (DOJ)through the Federal Bureau of Investigation (FBI)and National Cyber Investigative Joint Task Force (NCIJTF) Asset Response Department of Homeland Security(DHS)through National Cybersecurity and Communications Integration Center(NCCIC) Intelligence Support Office of the Director of National Intelligence (ODNI)through Cyber Threat Intelligence Integration Center(CTIIC) Affected Entity Response When a significant cyber incident affects a federal agency, that agency will have primary responsibility for its response. When a significant cyber incident affects a private entity, the Federal Government will typically not play a role in this line of effort, but the cognizant Sector Specific Agency(ies)will generally coordinate the Federal Government efforts to understand the potential business or operational impact of a cyber incident on private sector critical infrastructure. Threat and asset responders share some responsibilities and activities, including but not limited to: ■ Communicating with the affected entity to understand the nature of the cyber incident; ■ Providing guidance to the affected entity on available federal resources and capabilities; ■ Promptly disseminating, through appropriate channels, intelligence and information learned in the course of the response; and ■ Facilitating information sharing and operational coordination with other entities. International coordination plays a key role through all the lines of effort. Due to the transnational nature of the Internet and communications infrastructure, and the global presence and connectivity of 15 https://www.us-cert.gov/Home-Network-Security "PPD-41:U.S. Cyber Incident Coordination.https://www.whitehouse.gov/the-press-office/2016/07/26/presidential- policy-dire ctive-united-state s-cyber-incident 17 Per the Annex to PPD-41,asset and threat response activities for significant cyber incidents affecting DoD or IC assets are led by those agencies with support from other federal agencies as appropriate.Lead agencies also coordinate with relevant SSAs,if a cyber incident affects or is likely to affect sectors they represent. 11 1 National Cyber Incident Response Plan the U.S. private sector, the Federal Government may coordinate with international partners in response to all aspects of a cyber incident—threat response, asset response, and intelligence support. The Department of State (DOS)represents the United States in all global diplomatic engagements across the full range of international policy imperatives, including cyber issues. As stated in the 2011 International Strategy for Cyberspace, diplomacy is a vital and necessary component to addressing cyber threats and responding to cyber incidents both domestically and internationally. DOS leverages its diplomats in the embassies and posts around the globe to provide international diplomatic support for cyber incident response around the clock. While DOS coordinates diplomatic outreach related to cyber incidents,many federal departments and agencies actively maintain and leverage multilateral and bilateral partnerships. Similarly, many ICT sector businesses and providers are multinational businesses with critical international elements and relationships, including interaction with both policy and operational communities around the world. As appropriate, federal departments and agencies collaborate internationally and with private sector entities to support international aspects of cyber incident response. Threat Response Threat response activities encompass many resources and capabilities from across the law enforcement and defense community. Threat response activities during a cyber incident include investigative, forensic, analytical, and mitigation activities; interdiction of a threat actor; and providing attribution that may lead to information sharing and operational synchronization with asset response activities. Threat response activities also include conducting appropriate law enforcement and national security investigative activities at the affected entity's site, linking related incidents, and identifying additional affected or potentially affected entities. As described earlier,threat responders and asset responders collaborate to foster a unity of effort to facilitate their activities while responding to incidents. The SLTT community and the private sector play important roles in working with respective law enforcement entities on threat response activities. Federal agencies with counterintelligence functions, such as those of DHS, DOJ, DoD, Department of Energy(DOE), and members of the Intelligence Community(IC), may perform a substantial threat response role when a significant cyber incident affects their duties or responsibilities, or there is suspicion of activities conducted a foreign power or agent of a foreign power. Private Sector Private sector entities perform critical roles in supporting threat response activities by reporting and sharing information regarding cyber incidents and malicious cyber activity in a timely manner to appropriate law enforcement agencies or government entities. Information, communications, and technology providers and manufacturers—such as Internet service providers, common carriers, manufacturers of key networking hardware, and major software companies—also play an important role in the threat response to malicious cyber activity, due to the potential exploitation or use of their systems by cyber threat actors. Points of contact for reporting incidents to Federal Government entities are provided in Annex D: Reporting Cyber Incidents to the Federal Government. Private sector entities should also adhere to regulatory and legal requirements when reporting cyber incidents. Private sector cybersecurity practitioners and providers that offer critical services (such as managed security services, indications and warning, cybersecurity assessment, and incident response) may also possess information concerning malicious cyber activity that is important to enable threat response activities. The Cybersecurity Information Sharing Act of 2015 provides liability and other legal protections to private sector and certain SLTT government organizations and establishes 112 National Cyber Incident Response Plan important conditions regarding sharing information with the Federal Government, SLTT government organizations, and the private sector.18 State, Local, Tribal, and Territorial Governments Many states and locals have criminal statutes regarding unauthorized access or damage to computer systems,which could be implicated in a cyber incident. State fusion centers are situated at the intersection between federal and local law enforcement, and play a role in sharing threat-related information between federal, SLTT and/or private sector partners. However, state fusion centers vary greatly in their cyber capacity and capability. Local governments,particularly large cities,play an important role in local response activities. Often times,private citizens and small businesses do not have relationships with or access to federal law enforcement or in incident response activities. Local governments have a critical responsibility to provide a communication bridge to federal and state law enforcement and incident responders. As identified in the previous sub-section(Private Sector), the Cybersecurity Information Sharing Act of 2015 establishes legal protections and important conditions for sharing information with the Federal Government, SLTT government organizations, and the private sector. Federal Government In response to cyber incidents, federal law enforcement agencies work across SLTT and the Federal Government, international engagements, and with private sector entities to address both criminal and national security cyber threats. Federal law enforcement agencies, such as the Federal Bureau of Investigation(FBI),United States Secret Service (U.S. Secret Service), and U.S. Immigration and Customs Enforcement(ICE)Homeland Security Investigations (HSI), conduct threat response activities related to criminal activity involving their investigative jurisdictions and coordinate appropriately. Sharing action information in an unclassified format between the IC and first responders is critical in coordinating incident response activities. Pursuant to PPD-41, during the event of a significant cyber incident for which a Cyber Unified Coordination Group (UCG) is convened, the DOJ,through the FBI and the National Cyber Investigative Joint Task Force (NCIJTF),will serve as the lead federal agency for threat response activities. The specific responsibilities and coordinating roles for this line of effort during a significant cyber incident are detailed in the Operational Coordination During a Significant Cyber Incident section of this Plan. DOJ's Offices of U.S. Attorneys and its' Criminal and National Security Divisions,working with federal law enforcement agencies,use criminal and national security authorities to investigate, prosecute, and disrupt cyber threats and to apprehend cyber threat actors. Information and evidence obtained pursuant to appropriate legal process are used to identify the source of cyber incidents and to gather pertinent cyber threat information. Nationwide coordination of cyber prosecutorial initiatives is conducted through the DOJ Computer Hacking and Intellectual Property Program for criminal matters and by the DOJ National Security Cyber Specialist Network for cyber threats to the national security. In addition, DOJ,through the FBI and NCIJTF, shares investigative information and cyber threat intelligence, as appropriate,with other federal agencies to aid in the analysis of cyber threats and vulnerabilities. The FBI Cyber Task Forces in all 56 field offices support SLTT "Further information and guidance to assist non-federal entities to share cyber threat indicators and defensive measures with federal entities under the Cybersecurity Information Sharing Act of 2015 can be found at https://www.us-cert. og v/ais. 13 National Cyber Incident Response Plan law enforcement in maintaining relationships and sharing information with the private sector, offering training and certification courses, and coordination of domestic cyber threat investigations. The U.S. Secret Service has a national network of Electronic Crimes Task Forces,which combine the resources of academia,the private sector, and SLTT law enforcement to prevent, detect, and investigate electronic crimes, including potential terrorist attacks against critical infrastructure and financial payment systems. DoD is responsible for threat response to cyber incidents affecting DoD assets and the DoD Information Network(DoDIN). DoD can also support civil authorities for cyber incidents outside the DoDIN when requested by the lead federal agency, and approved by the appropriate DoD official, or directed by the President. Such support would be provided based upon the needs of the incident,the capabilities required, and the readiness of available forces. Asset Response Asset response activities include furnishing technical assistance to affected entities,mitigating vulnerabilities, identifying additional at-risk entities, and assessing their risk to the same or similar vulnerabilities. These activities could also include communicating with the affected entity to understand the nature of the cyber incident;providing guidance to the affected entity on available federal, SLTT, and private sector resources and capabilities;promptly disseminating new intelligence and information through the appropriate channels; and facilitating information sharing and operational coordination with other Federal Government, SLTT government, and private sector entities. Critical asset response activities also include assessing potential risks to a sector or region, including potential cascading and interdependency effects, developing courses of action to mitigate these risks, and providing guidance on how best to utilize federal, SLTT, and private sector resources and capabilities in a timely, effective manner. Asset and threat responders coordinate and share some responsibilities and activities when responding to a cyber incident. The roles and responsibilities in asset response vary, which highlights that unity of effort and shared responsibility is necessary to protect the Nation against cyber incidents. Private Sector The private sector, especially the owners and operators of critical infrastructure,plays a key role in responding to cyber incidents. Small, medium, and large private sector entities are often the first and primary responders to cyber incidents. Private companies are responsible for the security of their own systems, and they are normally the first to identify an incident and are often in the best place to respond to it. Private entities may have reporting or disclosure requirements related to cyber incidents, which they have to comply with as they respond to the incident. In most cases, these incidents are considered routine and are mitigated by the company using internal resources or with the assistance of contracted services providers. Routine, steady-state information sharing related to cyber incidents, even when mandatory reporting is not required, alerts other at-risk entities and allows them to mitigate vulnerabilities that may have cascading impacts to their systems. Private sector service providers and cybersecurity practitioners offer critical services, such as managed security services, indications and warning, cybersecurity assessment, and incident response, which system owners and other asset responders might need when managing an incident. These private sector resources can serve as surge and specialty support to augment an in-house cybersecurity team at an affected entity. Information, communications, and technology providers and manufacturers, such as Internet service providers, other common carriers,manufacturers of key networking hardware, and major software 114 National Cyber Incident Response Plan companies,play an important role in defending against and responding to malicious cyber activity. Effective coordination between these private sector entities and other response organizations is often essential in cyber incident response. Critical infrastructure owners and operators work with DHS and relevant sector-specific agencies (SSA) implementing the National Infrastructure Protection Plan(NIPP)19 tenets of public-private partnership to improve preparedness and manage risk. Due to the tightly interconnected and interdependent nature of some sectors, companies may also provide information to other entities in the sector or in other sectors, to facilitate shared situational awareness, contain the incident, and/or mitigate any damage. Thus, companies will potentially look to share and receive information from a variety of sources including DHS, SSAs, and federal and SLTT law enforcement and counterintelligence activities as well as their respective sector Information Sharing Analysis Centers (ISAC) and other information sharing and analysis organizations. Most private sector operational information sharing is conducted through ISACs. ISACs are typically a sector-based type of Information Sharing and Analysis Organization(ISAO) and operate through a defined sector-based model, meaning that organizations within a certain sector(i.e. financial services, energy, aviation, etc.)join together to share information about cyber threats. Although many of these groups are already essential drivers of effective cybersecurity collaboration, some organizations do not fit neatly within an established sector or have unique needs. ISACs can be formed based upon geography, sector, or any other grouping in which companies are interested and is a group created to gather, analyze, and disseminate cyber threat information. Those organizations that cannot join an ISAC but have a need for cyber threat information could benefit from membership in an ISAO. Unlike ISACs, ISAOs are not necessarily tied to critical infrastructure sectors.20 In the case of cyber incidents, especially significant cyber incidents, greater coordination may be needed with the Federal Government, SLTT communities, regulators within the sector, and among multiple sectors. In addition to responding to situations in which private companies are themselves the victims of cyber incidents,private entities also respond to situations in which private sector service providers (especially Internet service providers,managed security service providers, and other technology vendors)provide support for national-level incident response efforts. During such an incident,the private sector often provides support or assistance to federal and SLTT departments and agencies on preparedness and response activities. Federal and SLTT regulators also have mandatory reporting requirements for certain types of cyber incidents in certain sectors. Depending on the sector and type of incident, some response actions may require regulator coordination, approval, and/or regulatory relief. As appropriate,private sector entities provide for the security of their networks and security processing of breaches or other incidents through standing in-house or contracted services or use of external experts. Standing services are a part of the entity's network structure, and the private sector entity are encouraged share with government responders the information the standing services develop or pursue concerning a cyber incident. The Cybersecurity Information Sharing Act of 2015 provides liability and other legal protections to private sector and certain SLTT government organizations and establishes important conditions regarding sharing information with the Federal Government, SLTT government organizations, and the private sector.21 "NIPP,2013.hgps://www.dhs.lzov/national-infrastructure-protection-plan. 2°https://www.dhs.gov/isao-faq 21 Further information and guidance to assist non-federal entities to share cyber threat indicators and defensive measures with federal entities under the Cybersecurity Information Sharing Act of 2015 can be found at https://www.us-cert. og v/ais. 15 National Cyber Incident Response Plan State, Local, Tribal, and Territorial Government Ensuring the safety and welfare of citizens is a fundamental responsibility of government at every level. Toward these objectives, key executives, executive leadership, elected officials, and executive staff of each SLTT government are responsible for ensuring preparedness,response, and recovery activities within their jurisdiction. In cases of cyber incidents, the standard emergency response roles and responsibilities may not be sufficient to address technical challenges. Each state is responsible for developing a plan that describes their role in asset response for entities within their state. This state plan should be consistent with the NCIRP and serve as a cyber annex to their respective state emergency management plan. Information described in Annex G: Developing an Internal Cyber Incident Response Plan provides information each state can consider when developing a cyber incident response plan that coordinates identifying, detecting,mitigating,responding to, and recovering from cyber incidents in their state. In establishing strong governance and reporting mechanisms, executives should identify key individual response points-of-contact for their respective governments and ensure the Federal Government has the most up-to-date information for these individuals. To facilitate coordination during a significant cyber incident response operation, each key executive should pre-designate a primary individual to serve as Senior Official to represent its government. Until amended,by each key executive,the NCCIC uses the state Homeland Security Advisors as its primary point of contact. Governance is vital and an enabling factor in states' cyber asset response role. This includes the supporting legal framework,policies,plans, and procedures that codify the state chief information security officer's authorities and responsibilities. Governance also outlines how these relate to executive branch departments and agencies, and other state-operated entities to include (and not limited to) state and local emergency management functions, law enforcement,the judicial and legislative branches,ports, airports, and other state owned critical infrastructure. As identified in the previous sub-section(Private Sector), the Cybersecurity Information Sharing Act of 2015 establishes legal protections and important conditions for sharing information with the Federal Government, SLTT government organizations, and the private sector. Resources available to SLTT communities include,but are not limited to,the following: ■ Regional Homeland Security Offices and Fusion Centers; ■ Multi-State ISAC (MS-ISAC) is funded through grants from DHS to support the security of the SLTT government networks22 and acts as a focal point for critical information exchange and coordination between the SLTT community and the Federal Government; every state has an MS- ISAC primary member,usually the state chief information security officer(CISO); ■ Local governments that are eligible to apply and receive Urban Area Security Initiative grant funds are encouraged to include cybersecurity and training programs as part of their expenditures. ■ DHS National Protection and Programs Directorate field personnel, including: "The MS-ISAC does not help SLTT governments who are seeking to support the private sector.If an SLTT government is supporting a private sector company in asset response,the SLTT government should engage directly with the NCCIC. 16 National Cyber Incident Response Plan • Supervisory,regional, and district-level Cybersecurity Advisors,who work closely with SLTT Chief Information Security Officers and cyber emergency management communities as cybersecurity subject matter experts; • Regional directors and Protective Security Advisors,who work closely with state homeland security advisors as critical infrastructure protection specialists; ■ The Governors Homeland Security Advisors Council,which provides a structure through which homeland security advisors from each state,territory, and the District of Columbia discuss homeland security issues, share information and expertise, and keep governors informed of the issues affecting homeland security policies in the states; ■ The SLTT Government Coordinating Councils (SLTT GCC),which strengthen the sector partnership structure by bringing together geographically diverse experts from a wide range of critical infrastructure disciplines to ensure that SLTT officials play an integral role in national critical infrastructure security and resilience efforts. The National Guard is a force with dual state and federal roles. National Guard forces have expertise in critical response functions and many also have expertise and capabilities in cyber activities. At the direction of a State Governor and Adjutant General,the National Guard may perform state missions, including supporting civil authorities in response to a Cyber incident. In certain circumstances, as permitted by law, the National Guard may be requested to perform federal service or be ordered to active duty to perform DoD missions,which could include supporting a federal agency in response to a cyber incident. Following a cyber incident, SLTT community leaders and points of contact may be asked to provide advice, support, and assistance to federal departments and agencies on preparedness and response activities related to SLTT priorities. Cyber incidents can cause cascading and/or physical impacts that implicate non-cyber incident response activities by SLTT governments. Key executives and points of contact have a need for situational awareness of the Federal Government's asset response activities even when a cyber incident does not affect the SLTT government systems. They should be prepared to request additional resources from the Federal Government—for instance,under the Stafford Actin the event of a cyber incident that exceeds their government's capabilities. Federal Government Federal asset response to a significant cyber incident encompasses many resources and capabilities from across the federal departments and agencies as well as with the private sector. In response to cyber incidents,the Federal Government works with both domestic and foreign partners, including both private sector and governmental entities,to assist in assessments, mitigation, recovery, and restoration activities. Pursuant to PPD-41, in the event of a significant cyber incident for which a Cyber UCG is convened, DHS, through the NCCIC, will serve as the lead federal agency for asset response activities. The specific responsibilities and coordinating roles for this line of effort during a significant cyber incident are detailed in the Operational Coordination During a Significant Cyber Incident section of this Plan. The Office of Management and Budget and the Federal Information Security Modernization Act of 2014 directs federal departments and agencies to report major cyber incidents within seven days as well as submitting to Congress, DHS, and Office of Management and Budget on an annual basis.23 "Federal Information Security Modernization Act of 2014.Public Law No: 113-283.December 18,2014. https://www.congress.govibill/I 13th-congress/senate-bill/2521 17 National Cyber Incident Response Plan DHS, through the US-CERT, must be notified of all computer security incidents involving a Federal Government information system with a confirmed impact to confidentiality, integrity, or availability within one hour of being positively identified by the agency's top-level Computer Security Incident Response Team(CSIRT), Security Operations Center, or Information Technology department.24 DHS provides strategic guidance,promotes a national unity of effort, and coordinates the overall federal effort to promote the security and resilience of the Nation's critical infrastructure from cyber and other threats.25 Per the NCPA, DHS,through the NCCIC, serves as the federal civilian interface for sharing information related to cybersecurity risks, incidents, analysis, and warnings for federal and non-federal entities.26 The NCCIC facilitates information sharing to help identify other entities at risk to the same or similar vulnerabilities and shares mitigation recommendations and best practices to protect those at risk. The NCCIC closely coordinates with the SSAs, representatives from multiple agencies, and the private sector to share cybersecurity information, information about risks and incidents, analysis, and warnings among federal and non-federal entities, and to facilitate coordination regarding cybersecurity risks and incidents across the civilian communities, SLTT governments, and the private sector. Federal asset response support to the private sector from the NCCIC in the form of on-site technical assistance is generally contingent on a request from or consent of the supported entity. SSAs also play a role in sector coordination,working closely with DHS and serving as a day-to-day federal interface to prioritize and coordinate activities within their respective sectors; carrying out incident management responsibilities consistent with statutory authority and other appropriate policies, directives, or regulations; and providing support or facilitating technical assistance and consultations for that sector to identify vulnerabilities and help mitigate incidents, as appropriate. DHS ensures consistent and integrated approaches across various critical infrastructure sectors, and a nationwide approach including both unity of effort and unity of messages. DHS, working with relevant SSAs, also coordinates the Government's efforts to understand the potential business or operational impact of a cyber incident on critical infrastructure in a given sector and across sectors. The relevant SSA will generally coordinate the Federal Government's efforts to understand the potential business or operational impact of a cyber incident on private sector critical infrastructure. SSAs receive support from the DHS NCCIC and the National Infrastructure Coordinating Center to maintain and provide situational awareness on threats, incidents, or events impacting critical infrastructure and to facilitate information sharing. This includes a near-real-time capability to provide SSA reports, coordinated with FEMA ESF reporting provided by the National Response Coordination Center, and the capability to solicit and receive information on incidents from public and private sector critical infrastructure partners. Because SSAs often have authorities, responsibilities, and partnerships with private industry that extend beyond security and resilience issues, SSAs play a lead role in integrating response to the technical aspects of cybersecurity incidents with efforts to mitigate the systemic impacts of such incidents to sectors. 24 US-CERT Federal Incident Notification Guidelines.https://www.us-cert.gov/incident-notification-guidelines 25 Presidential Policy Directive 21: Critical Infrastructure Security and Resilience.February 12,2013.PPD-12 also assigns roles and responsibilities to other federal agencies. The Department of Justice and Federal Bureau of Investigation lead counterterrorism and counterintelligence investigations and related law enforcement activities across critical infrastructure. The Department of Homeland Security and the Attorney General collaborate to carry out their respective missions in critical infrastructure.https://www.whitehouse. ovg /the-press- office/2013/02/12/presidential-policy-directive-critical-infrastructure-security-and-resit 26 The National Cybersecurity Protection Act of 2014.Public Law 113-282.December 18,2014. http://www.gpo. og v/fdsys/pkg/PLAW-113publ282/pdf/PLAW-113publ282.pdf. 18 National Cyber Incident Response Plan In responding to cyber incidents, DHS also works with foreign partners to exchange information and coordinate incident response activities. This international coordination principally occurs between the NCCIC and its foreign government CSIRT counterparts and builds on regular information sharing and operational coordination relationships. The DOC coordinates with federal, international, and private sector partners on the impacts of cyber incidents on the Internet ecosystem: the domain name system and the digital economy platform representatives to assess those impacts. Through the National Telecommunications and Information Administration and NIST, DOC serves as the Nation's authority on cybersecurity risk management practices and also fulfills responsibilities under the Defense Production Act27 through the Bureau of Industry and Security, including support to critical infrastructure. In some cases, regulatory or contract requirements could impose certain obligations on the affected entity related to asset response support, such as mandatory reporting requirements and/or national security determinations that may override normal consultative processes. Additionally,where they have relevant authority, federal regulators should be engaged early in the incident response process to ensure that actions requiring waiver or other approval or notification can be quickly executed. Regulators may also be able to facilitate coordinated actions of their respective sectors as necessary during significant cyber incidents. DoD will be responsible for managing the asset response affected military assets and the DoDIN. DoD can also support civil authorities in responding to cyber incidents outside the DoDIN through a Defense Support of Civil Authorities request based upon a request by the lead federal agency and approved by the appropriate DoD official or directed by the President. Support would be provided based on the needs of the incident,the capabilities required, and the readiness of available forces. When incidents affect IC assets, the IC Security Coordination Center(IC SCC) is responsible for asset response. The Office of the Director of National Intelligence (ODNI)manages the threat and asset response for the integrated defense of the IC information environment through the IC SCC, in conjunction with IC mission partners and with support from other federal agencies, as appropriate. Intelligence Support Intelligence and related supporting activities play an important role to better understand the cyber incident and existing targeted diplomatic, economic, or military capabilities to respond and share threat and mitigation information with other potential affected entities or responders. Especially during a significant cyber incident, asset and threat responders should leverage intelligence support activities as necessary to build situational threat awareness; share related threat indicators and analysis of threats; identify and acknowledge gaps; and ultimately create a comprehensive picture of the incident. State, Local, Tribal, and Territorial Government States fusion centers involve various levels of state government,private sector entities, and the public—though the level of involvement of some of these participants will vary based on specific circumstances. The fusion process should be organized and coordinated, at a minimum, on a statewide level, and each state should establish and maintain a center to facilitate the fusion process. Though the foundation of fusion centers is the law enforcement intelligence component, center leadership should evaluate their respective jurisdictions to determine what public safety and private sector entities should participate in the fusion center. 27 Defense Production Act of 1950,as Amended October 2009.(50 U.S.C.App.2061 et seq.) https://www.fema.gov/media-librgM/assets/documents/1 5666 19 National Cyber Incident Response Plan Federal Government ODNI, through the Cyber Threat Intelligence Integration Center(CTIIC),provides intelligence support to federal agencies in response to cyber incidents. Pursuant to PPD-41, in the event of a significant cyber incident for which a Cyber UCG is convened, ODNI, through CTIIC, will serve as the lead federal agency for intelligence support and related activities. The specific responsibilities and coordinating roles for this line of effort during a significant cyber incident are detailed in the Operational Coordination During a Significant Cyber Incident section of this Plan. In this role, CTIIC coordinates development of federal intelligence information for the other federal cybersecurity centers and federal stakeholders. This could include pursuing declassification of intelligence and/or"tear-line"reports at different classification levels as appropriate to the circumstances of the incident and overall U.S. equities. CTIIC also coordinates any intelligence collection activities that may take place as part of the incident through the National Intelligence Manager for Cyber. Each intelligence operational center has its own organic intelligence support that aligns to its operational responsibilities. The DHS Office of Intelligence and Analysis has responsibilities under Title 628 to deliver intelligence to SLTT and private sector partners and develop intelligence from those partners for the Department and the IC. In addition, it provides intelligence support to the NCCIC's private sector information sharing mission including gathering intelligence requirements from critical private sector companies and if the DHS National Protection and Programs Directorate concurs with the requirements can submit as formal requirements into the intelligence process. The FBI collects and coordinates the sharing of relevant intelligence and other information between FBI domestic personnel and FBI staff assigned to Legal Attache offices around the world; coordinates the sharing of intelligence among and between federal agencies and international intelligence and law enforcement elements;produces and shares analytical products, including those that assess threats to the homeland and inform related planning, capability development, and operational activities; and coordinates with ODNI mission and support centers that provide unique capabilities for homeland security partners.29 The National Security Agency Cybersecurity Threat Operations Center(NCTOC) is the 24/7/365 NSA element that characterizes and assesses foreign cybersecurity threats. The NCTOC informs partners of current and potential malicious cyber activity through its analysis of foreign intelligence, with a focus on adversary computer network attacks, capabilities, and exploitations. Upon request, the NCTOC also provides technical assistance to U.S. Government departments and agencies. The DoD actively characterizes and assesses foreign cybersecurity threats and informs the relevant interagency partners of current and potential malicious cyber activity. Upon request,the DoD intelligence components may provide technical assistance to U.S. Government departments and agencies; other DoD elements may provide support to civil authorities in accordance with applicable law and policy. The IC may identify classified information, indicating a potential credible cyber threat to an SLTT, critical infrastructure owner/operator, or other private sector entity. In accordance with Section 4 of Executive Order 13636, DHS and/or the FBI provide appropriate notification to the targeted entity.30 Where available, declassified threat detection and mitigation information may also be provided. In circumstances where the source of threat identification,nature of the adversary, or 286 U.S.C. §124a. 29 Title II of the Intelligence Reform and Terrorism Prevention Act of 2004,Public Law 108-458, 118 Stat. 3638, outlines FBI intelligence authorities,as does Executive Order 12333; 50 U.S.C.401 et seq.; 50 U.S.C. 1801 et seq." 30 The NCIJTF has implemented the EO 13636 4(b)tracking system,Cyber Guardian,to record the production, dissemination,and disposition of these notifications. 20 National Cyber Incident Response Plan other factors of national security concern exist, incident response processes and procedures adhere to all guidelines and directions for handling matters of national security. Affected Entity's Response Entities affected by a significant cyber incident usually undertake activities to manage the effects of the cyber incident on its operations, customers, and workforce, to include complying with various legal, regulatory, or contractual obligations. When a federal agency is an affected entity,that agency has primary responsibility for engaging in a variety of efforts to manage the impact of the cyber incident. These efforts could include,but not limited to: ■ Maintaining business or operational continuity; ■ Mitigating potential health and safety impacts; ■ Addressing adverse financial impacts; ■ Protecting privacy; ■ Managing liability risk; ■ Complying with legal and regulatory requirements (including disclosure and notification); ■ Engaging in communications with employees or other affected individuals; and ■ Managing external affairs(e.g.,media and congressional inquiries). When a cyber incident affects a private entity,the Federal Government typically will not play a role in this line of effort,but it will remain cognizant of the affected entity's response activities, consistent with the principles above and in coordination with the affected entity. The relevant SSA will generally coordinate the Federal Government's efforts to understand the potential business or operational impact of a cyber incident on private sector critical infrastructure. Cyber Incidents Involving Personally Identifiable Information As it relates to cyber incidents affecting civilian Federal Government agencies, if the facts and circumstances lead to a reasonable suspicion that the known or suspected cyber incident involves personally identifiable information, then the appropriate senior agency officials for privacy will be notified and lead any necessary personally identifiable information incident response process, as required by the Office of Management and Budget Memorandum M-07-1612,Safeguarding Against and Responding to the Breach of Personally Identifiable Information(and its subsequent revisions), and the agency's Breach Response Plan.31 Core Capabilities Core capabilities are the distinct critical elements needed to conduct the threat response, asset response, and intelligence support activities in response to a cyber incident. Core capabilities are the activities that generally must be accomplished in cyber incident response,regardless of which levels of government are involved. They provide a common vocabulary to describe the significant functions that must be developed and executed across the whole-of-Nation to ensure preparedness. 31 Office of Management and Budget Memorandum M-07-16,Safeguarding Against and Responding to the Breach of Personally Identifiable Information.May 22,2007. https://www.whitehouse.,gov/sites/default/file s/omb/memoranda/fy2007/m07-16.pdf 21 National Cyber Incident Response Plan Core capability application may be achieved with any combination of properly planned, organized, and trained personnel and deployed through various approaches such as the NIST Cybersecurity Framework or cybersecurity activities developed by the private sector. The National Preparedness Goal organizes the core capabilities into mission areas. These capabilities are aligned in Annex H: Core Capability/NIST Cybersecurity Framework/PPD-41 Crosswalk. The capabilities are briefly described in this section and in further detail in Annex F: Core Capabilities and align with the National Preparedness Goal core capabilities.32 While Annex F is not an exhaustive list of capabilities, it provides a description of the capabilities that should be developed and utilized for particular needs, and roles,responsibilities, and authorities for the nature and scope of the cyber incident. All levels of government,private and non-profit sector organizations, and critical infrastructure owners and operators should assess their particular risks to identify their core capability requirements. Annex I describes additional resources that can be leveraged by both the private and public sector. Those resources can also serve as a starting point for understanding cyber incident response, vulnerability updates, data breach information,risk management, and organizations. Responding to a cyber incident, like incident response for all other threats and hazards, is a shared responsibility. The whole-of-Nation must work together to ensure the United States is optimally prepared for cyber incidents; recognizing that not every network/system faces the same risks. By engaging the whole-of-Nation to build and deliver the cyber response core capabilities, the Nation is better prepared to respond to any threat or hazard, assist in restoring basic services and community functionality, and facilitate the integration of recovery activities. Access Control and Identity Verification Description:Apply and support necessary physical,technological, and cyber measures to control admittance to critical locations and systems, which is also referred to as Authentication and Authorization. This capability relies on the implementation and maintenance of protocols to verify identity and authorize, grant, or deny access to specific IT systems and networks. Cybersecurity Description:Protect(and, if needed,restore) computer networks, electronic communications systems, information, and services from damage,unauthorized use, and exploitation. More commonly referred to as information security,these activities ensure the security,reliability, confidentiality, integrity, and availability of critical information,records, and communications systems and services through collaborative initiatives and efforts. Forensics and Attribution Description:Forensic investigations and efforts to provide attribution for an incident are complementary functions that often occur in parallel during a significant cyber incident. Forensics:Forensics is the term for discovering and identifying information relevant to an investigation through both scientific and intelligence-based acumen. In the context of a cyber incident, forensics refers to a number of technical disciplines related to the duplication, extraction, and analysis of data to uncover artifacts relevant to identifying malicious cyber activity. Forensics includes several sub-disciplines, including host-based forensics,network and packet data forensics, "https://www.fema.gov/core-capabilities 122 National Cyber Incident Response Plan memory analysis, data correlation, and malware analysis. During the response to a significant cyber incident, government agencies and private sector partners frequently conduct simultaneous analysis and share analytical results with each other to create a common understanding regarding the malicious cyber activity and how to defend against these or similar activity. In the days following an incident, a number of different threat, asset, and business response organizations may also engage in simultaneous forensic analysis. Although these lines of effort may appear to be duplicative, findings from these efforts could vary depending on the entities' varied access to particularized datasets or holdings. Attribution:Attribution identifies an adversary linked to a particular incident. It is the culmination of the review of evidence and intelligence gathered during an incident which results in an assessment that identifies individuals or organizations which likely played a role in the cyber incident. Attribution occurs over the lifecycle of an investigation and may not be known at the onset of a cyber incident response. Although the development of attribution for a significant cyber incident is one of the primary functions of lead federal response agencies, other government and private sector entities have a significant role to play in determining attribution. An assessment regarding attribution for an incident is not only important for government agencies conducting criminal or national security investigations; it could also be significant to an affected entity as it considers whether to pursue additional legal or civil action against threat actors. This core capability also includes unique and technical activities that support computer network and asset analysis during an incident. These supporting activities contribute to awareness of a comprehensive picture, which ultimately helps reduce the impact of a current incident and prevent future cyber incidents from spreading across the network. Infrastructure Systems Description:Stabilize critical infrastructure functions,minimize health and safety threats, and efficiently respond and recover systems and services to support a viable, resilient community following malicious cyber activity. Critical infrastructure and cyber networks are interdependent. In a response to a cyber incident,this capability focuses on stabilizing the infrastructure assets and entities,repairing damaged assets, regaining control of remote assets, and assessing potential risks to the critical infrastructure sector at large. Intelligence and Information Sharing Description:Provide timely, accurate, and actionable information resulting from the planning, direction, collection, exploitation,processing, analysis,production, dissemination, evaluation, and feedback of available information concerning threats of malicious cyber activity to the United States, its people,property, or interests. Intelligence and information sharing is the ability to exchange intelligence, information, data, or knowledge among government or private sector entities, as necessary. In the context of a cyber incident,this capability involves the effective implementation of the intelligence cycle and other information collection and sharing processes by federal and SLTT entities,the private sector, and international partners to develop situational awareness of potential cyber threats to the United States. Interdiction and Disruption Description:Delay, divert, intercept,halt, apprehend, or secure threats related to malicious cyber activity. In the context of a cyber incident, these threats include people, software,hardware, or 23 National Cyber Incident Response Plan activities that pose a threat to the Nation's cyber networks and infrastructure. This includes those interdiction and disruption activities that may be undertaken in response to specific, actionable intelligence of a cyber threat. Interdiction and disruption may include the targeting of persons, programs, or equipment or machines to stop or thwart threat activities and employing technical and other means to prevent malicious cyber activities. Interdiction and disruption capabilities help thwart emerging or developing cyber threats and neutralize operations. These capabilities should be utilized in a manner that preserves evidence and the Government's ability to prosecute those who violate the law. Logistics and Supply Chain Management Description:Facilitate and assist with delivery of essential commodities, equipment, and services in support of responses to systems and networks impacted by malicious cyber activity. Synchronize logistics capabilities and enable the restoration of impacted supply chains. In the context of a cyber incident,this capability focuses on providing the logistical or operational support to achieve cyber incident response priorities established by leadership through identifying, prioritizing, and coordinating immediate response resource requirements. Operational Communications Description:Ensure the capacity for timely communications in support of security, situational awareness, and operations,by any and all means available, among and between entities affected by the malicious cyber activity and all responders. In the context of a cyber incident,this capability includes identifying federal support organizations, capabilities, and teams with internal interoperable voice,video, and data systems and networks essential for effective cyber incident response operations. In a cyber incident,this capability focuses on the timely, dynamic, and reliable movement and processing of incident information in a form that meets the needs of decision makers at all levels of government and authorized participating private sector partner organizations. Operational Coordination Description:Establish and maintain a unified and coordinated operational structure and process that appropriately integrate all critical stakeholders and support execution of core capabilities. This is the capability to conduct actions and activities that enable decision makers across the whole-of-Nation to determine appropriate courses of action and to provide oversight for complex operations, to achieve unity of effort and effective outcomes. Operational coordination, in accordance with the principles of the NIMS and the Incident Command System, coordinates the threat response, asset response, and intelligence support activities in the face of a cyber threat or in response to an act of terrorism committed in the homeland. Unity of message is included within the guiding principles. Further information is available in Annex D: Reporting Cyber Incidents to the Federal Government. In the context of a cyber incident,this core capability includes efforts to coordinate activities across and among all levels of government and with private sector partners. This capability involves national operations centers, as well as on-scene response activities that manage and contribute to multi-agency efforts. Planning Description:Conduct a systematic process engaging the whole-of-Nation, as appropriate, in the development of executable strategic, operational, and/or tactical-level approaches to meet defined 124 National Cyber Incident Response Plan objectives. In the context of a cyber incident,planning includes both deliberate planning and incident action planning. Deliberate planning involves developing strategic, operational, and tactical plans to prevent,protect against,mitigate the effects of,respond to, and recover from a cyber incident. Incident action planning occurs in a time-constrained environment to develop or rapidly adapt operational and tactical plans in response to an imminent or ongoing cyber incident. Public Information and Warning Description:Deliver coordinated,prompt, reliable, and actionable information to the whole-of- Nation and the public, as appropriate,through the use of clear, consistent, accessible, and culturally and linguistically appropriate methods to effectively relay information regarding significant threats or malicious cyber activity, as well as the actions being taken and the assistance being made available, as appropriate.33 In the context of a significant cyber incident,this capability uses effective and accessible indications and warning systems to communicate significant cyber threats to involved or potentially involved operators, security officials, and the public (including alerts, detection capabilities, and other necessary and appropriate assets). Screening, Search, and Detection Description:Identify, discover, or locate threats of malicious cyber activity through active and passive surveillance and search procedures. This may include the use of systematic examinations and assessments, sensor technologies, or physical investigation and intelligence. In the context of a cyber incident,this capability includes the measures which may be taken in response to actionable intelligence that indicates potential targets or types of malicious cyber activity, or the threat actors planning such activity. Measures may also be taken to verify or characterize a cyber threat that has already been located. Screening relative to a cyber incident may include monitoring the status of the network, assets, sensors, and other technologies that provide information on the security posture that may determine further action as necessary. Situational Assessment Description:Provide all decision makers with timely, decision-relevant information regarding the nature and extent of the malicious cyber activity, any cascading effects, and the status of the response. In the context of a cyber incident,this capability focuses on rapidly processing and communicating large quantities of information from across the broader community, from the field level to the national level,to provide all decision makers with the most current and accurate information possible. Threats and Hazards Identification Description:Identify the threats of malicious cyber activity to networks and system; determine the frequency and magnitude of those threats; and incorporate this into analysis and planning processes 33 The President of the United States has directed the Secretary of Homeland Security and the Attorney General to coordinate with each other to execute key responsibilities that provide public information and warning to the Nation regarding threats and incidents. 25 National Cyber Incident Response Plan so as to clearly understand the needs of an entity. In the context of a cyber incident,this capability involves the continual process of collecting timely and accurate data on cyber threats, including accounting for the future impacts of technology advancements,to meet the needs of analysts and decision makers. Effective Threats and Hazards Identification for a cyber incident is supported by standardized data sets,platforms, methodologies, terminologies,metrics, and reporting to unify levels of effort across all layers of government and the private sector,reducing redundancies. Coordinating Structures and Integration Successfully managing cyber incidents requires a whole-of-Nation approach(as described in the introduction of this document)that facilitates coordination among all stakeholders, including the private sector, SLTT governments, federal agencies, and international partners. Governing entities organize that coordination through established structures that promote unity of effort during incident response. Coordinating structures provide a mechanism for representatives of entities that are affected by or are responsible for responding to a cyber incident to coordinate and facilitate response activities. These coordination and response activities may include preparedness activities,the delivery of capabilities, development operational plans, coordination of response personnel and activities,the crafting of unified public messaging and alerts, and weighing the technical, operational,political, and policy implications of varying courses of action. While existing policies and coordinating structures can handle the vast majority of cyber incidents, significant cyber incidents may require a unique approach to coordinating the whole-of-Nation response. Pursuant to PPD-41, the U.S. Government will establish a Cyber UCG as the primary method for coordinating between and among federal agencies responding to a significant cyber incident, as well as for integrating SLTT governments and private sector partners into incident response efforts as appropriate for the specific incident. Other coordinating structures should be prepared to integrate and interoperate with a Cyber UCG, if one is established. This section describes the major coordination structures in place across stakeholder communities that can be leveraged for response to cyber incidents requiring external coordination. Specifically, it describes how these structures will be leveraged, and additional structures incorporated,to provide operational coordination in response to significant cyber incidents. Coordinating Structures Stakeholders can utilize a variety of existing coordinating structures during any cyber incident to facilitate information sharing, coordinate response activities, access technical assistance and other resources,provide policy coordination and direction, and enable effective response. Most cyber incidents that occur on a daily basis are considered routine, and their responses are handled internally by the affected entity. As such, affected entities may choose to combine any of the coordinating structures below as deemed necessary to address the unique nature of the incident and specific organizational or sector needs. For significant cyber incidents, or cyber incidents that have implications for national security or public health and safety, PPD-41 establishes lead federal agencies and a coordinating structures framework with operational response planning and activities coordinated through a Cyber UCG. Private Sector For many years, the private sector has successfully engaged in coordination efforts between and across industry and government around detection,prevention,mitigation, and response to cyber 26 National Cyber Incident Response Plan incidents through information sharing, analysis, and collaboration. Each of the 16 critical infrastructure sectors and sub-sectors designated under PPD-21: Critical Infrastructure Security and Resilience,34 has a self-organized and self-governed Sector Coordinating Council (SCC). SCC members include critical infrastructure owners and operators, industry trade associations, and others across the private sector. SCCs provide a forum for members to engage with others across their sector, companion Government Coordinating Councils (GCCs), and SSAs to collaboratively address the full range of sector-specific and cross-sector critical infrastructure security and resilience policy and strategy efforts. In addition,the private sector critical infrastructure community has developed its own coordination efforts through established ISACs. ISACs are based in and organized and governed by the private sector(with the exception of the MS-ISAC discussed later),with operational capabilities that support the public-private partnership around critical infrastructure protection and cybersecurity every day. The National Council of ISACs routinely facilitates cross-sector coordination to further productive engagement across the private sector and with government at the federal, state, and local levels. As mentioned earlier, in accordance with policy established by Executive Order 13 69 1, DHS is facilitating efforts to identify procedures to create and accredit ISAOs31 to allow groups of stakeholders to create information sharing groups based on affinity among members (e.g., geography, industry or community segment, or threat exposure)that could provide a more formalized structure for information sharing and the provision of technical assistance. Some organizations, including those that are well established and delivering value every day,may be recognized as an ISAO and or ISAC, or as a member of more than one, concurrently. ISACs predate and are a subset of ISAOs. State, Local, Tribal, and Territorial Governments These levels of government also have a variety of coordination structures available to them for cyber incident response. These structures support information sharing, incident response, operational coordination, and collaboration on policy initiatives among participating governments. As with private sector organizations, SLTT governments can be members of ISACs, ISAOs, or other information sharing organizations. They could also be members of the SLTT GCC at the national policy coordination level. For incidents on SLTT government networks MS-ISAC provides information sharing and technical assistance to its members and has established relationships with the Federal Government. As owners and operators of critical infrastructure and key resources, certain SLTT government agencies could also be members of sector-specific ISACs and may also develop unique structures,tailored to their jurisdiction's needs,to provide coordination and direction to response officials during a cyber incident. Many also collaborate with one another through selected cyber information sharing groups or organizations such as the National Association of State Chief Information Officers or the National Governors' Association. While many SLTT governments are developing and utilizing operational coordination structures for cyber incident response,they have not all adopted a standard approach. Some may designate their state or major urban area fusion center as the primary contact and information sharing hub for cyber incident coordination while others could leverage their respective emergency or security operations center. For cyber incidents with physical effects, or that have consequences that must be managed in collaboration with other emergency management agencies (e.g., fire departments,public health agencies,human services offices), emergency operations centers will also likely provide important 34 https://www.whitehouse.gov/the-press-office/2013/02/12/presidential-policy-directive-critical-infrastructure- securi -an -resi . 35 www.isao.org 27 National Cyber Incident Response Plan information sharing and incident management functions. At the state/territory level, emergency operations centers often coordinate resource requests with federal agencies, including FEMA and DoD, and provide operational coordination with the National Guard. The SLTT community are encouraged to provide cross-functional training in cybersecurity for the employees of their emergency operations center. As appropriate, cyber incident responders should also receive emergency response and emergency operations center training. Federal Government The Federal Government organizes coordinating structures into three categories for cyber incident response: ■ National policy level coordination through the Cyber Response Group (CRG),36 ■ Operational coordination through Federal Cybersecurity Centers and federal agencies, and ■ Sector coordination through the SSAs and GCCs. To coordinate policy at the National level, PPD-41 assigns the Assistant to the President for Homeland Security and Counterterrorism the responsibility to convene and chair the CRG to coordinate development and implementation of Federal Government policy and strategy with respect to significant cyber incidents affecting the Nation or its interests abroad. The CRG will coordinate the development and implementation of U.S. Government policy and strategy for responding to significant cyber incidents. Federal departments and agencies, including relevant cybersecurity centers, are invited to participate in the CRG, as appropriate,based on their respective roles, responsibilities, and expertise or in the circumstances of a given incident or grouping of incidents. Federal agencies, including SSAs that regularly participate in the CRG must establish and implement enhanced coordination procedures to manage significant cyber incidents that exceed their standing response capacities. The Federal Government has established seven cybersecurity centers, with missions that include executing cyber operations, enhancing information sharing, maintaining situational awareness, and serving as conduits between public and private sector entities. Any or all of these centers should coordinate with federal entities and provide support to cyber incident response to the extent circumstances dictate and authorities permit. Pursuant to PPD-41,three of these centers coordinate significant cyber incident response activities within a Cyber UCG: the NCCIC,the NCIJTF, and CT1IC. The Federal Government has also designated a number of SSAs to lead their sector GCCs, which are governmental counterparts to SCCs. SSAs are designated for each of the 16 critical infrastructure sectors designated under PPD-21. SSAs leverage their particular knowledge and expertise to fulfill a number of information sharing, coordination, incident response, and technical assistance responsibilities to their assigned critical infrastructure sector(s), as detailed in PPD-21 and the NIPP. GCCs include other government agencies with authorities and expertise in a given sector; robust engagement across GCC participants will enable interagency and interjurisdictional coordination by including broader participation from federal and SLTT governments, as appropriate to the needs of each sector. "More information on the Cyber Response Group can be found within PPD-41: U.S. Cyber Incident Coordination. hgps://www.whitehouse. ovapress-office/2016/07/26/presidential-policy-directive-united-states-cyber-incident; Annex for Presidential Policy Directive-41--United States Cyber Incident Coordination, hgps://www.whitehouse. ovapress-office/2016/07/26/annex-presidential-policy-directive-united-states-cyber- incident. 28 National Cyber Incident Response Plan International International information sharing takes place through a variety of mechanisms in both the public and private sectors. Many organizations have information sharing relationships that extend to international partner companies and governments. International operational coordination can occur through relationships that federal departments and agencies have with their foreign counterparts and with international organizations,through formal diplomatic channels managed by DOS and through the relationships that private firms have internally,with other private sector entities,with national governments, and with international organizations. Many federal agencies and cybersecurity centers have relationships with counterparts in foreign nations and routinely share information and collaborate,both during steady state and cyber incidents. Federal law enforcement agencies also maintain information sharing channels with foreign counterparts and the International Criminal Police Organization(INTERPOL)to facilitate international investigations. The FBI, through its Legal Attache program, has designated Cyber liaison attaches stationed in U.S. Embassies. DHS/ICE HSI has broad legal authority to enforce a diverse array of federal statutes and uses this authority to investigate all types of cross-border criminal activity. The U.S. Secret Service maximizes partnerships with international law enforcement counterparts through overseas field offices and by forward deploying the Electronic Crimes Special Agent Program to international working groups. The NCCIC collaborates with international CSIRT partners to obtain situational awareness and determine priorities for protection and response. Organizations such as the DOS Overseas Security Advisory Council, for example, coordinates information sharing and collaborative security activity and analysis for U.S.private sector interests abroad through an industry representative council structure and established channels at U.S. embassies and other diplomatic posts. Additionally, some ISACs have chosen to open membership to firms and organizations located in friendly foreign nations,with safeguards in place to preserve confidentiality of information restricted to U.S. participants. Given existing relationships and the overlapping policy and operational issues that may arise during a significant cyber incident, it is important to note that international coordination will likely occur through multiple channels concurrently. Operational Coordination During a Significant Cyber Incident Cyber incidents affect domestic stakeholders on an ongoing basis. The vast majority of these incidents pose no demonstrable risk to the U.S. national security interests, foreign relations, economy,public confidence, civil liberties, or public health and safety and thus do not rise to the designation of a significant cyber incident as defined by PPD-41 and the accompanying Cyber Incident Severity Schema in Annex B. Such cyber incidents are resolved either by the affected entity alone or with routine levels of support from, and in coordination with, other private sector stakeholders and/or from SLTT, federal, or international government agencies. In the event of a significant cyber incident,the Federal Government may form a Cyber UCG as the primary method for coordinating between and among federal agencies responding to a significant cyber incident and for integrating private sector partners into incident response efforts as appropriate. Determination of Incident Severity The Federal Government adopted the Cyber Incident Severity Schema in Annex B as a common framework and shared understanding to evaluate and assess cyber incidents at all federal departments and agencies when determining the severity of a cyber incident. Cyber incidents rated a"Y or greater will equate to a significant cyber incident. Federal Government departments and agencies shall leverage the Cyber Incident Severity Schema when assessing the severity level and the potential impact of cyber incidents to ensure common terminology, appropriate information sharing, and 29 National Cyber Incident Response Plan proper management to effectively address an incident. As referenced earlier,Annex C compares the Cyber Incident Severity Schema and Activation Level of the National Response Coordination Center to demonstrate alignment cyber and physical incidents. When assessing the severity of a potentially significant incident,the federal cybersecurity centers that serve as lead federal agencies under PPD- 41 (the NCCIC,NCIJTF, and CTIIC)will consult to make a joint assessment of severity. Our Nation's critical infrastructure sectors are composed of public and private owners and operators, both of which provide vital services and possess unique expertise and experience that the Federal Government and Nation rely heavily upon. Therefore, when determining incident severity, DHS, through the NCCIC and the SSAs of sectors affected or likely to be affected, may consult with sector leadership and private sector owners and operators through organizations such as the sector ISAC(s), SCC, GCC,the National Council of ISACs, MS-ISAC, and/or the Partnership for Critical Infrastructure Security if the incident affects or is likely to affect a non-federal entity in one or more of the critical infrastructure sectors. The private sector assessment would inform the NCCIC severity rating of a cyber incident. With the majority of critical infrastructure owned and operated by the private sector, it is more than likely that the Federal Government may learn of a potential significant cyber incident through voluntary self-reporting and information sharing from the affected entity or a sector coordinating mechanism. Non-federal entities are also encouraged to utilize the Cyber Incident Severity Schema and/or the NCCIC Cyber Incident Scoring System37 to help organizations provide a repeatable and consistent mechanism for estimating the risk of an incident. Additionally,when a significant cyber incident affects a private sector stakeholder, SLTT government, or international counterpart, they have several options for voluntarily sharing the issue with federal authorities including: ■ The NCCIC, FBI, or NCIJTF; ■ Applicable SSA(s) or regulators; or ■ The local field office of federal law enforcement agencies, including the FBI, U.S. Secret Service,U.S. ICE/HSI, or relevant Military Criminal Investigative Organizations if defense related. Points of contact for reporting incidents to Federal Government entities are provided in Annex D: Reporting Cyber Incidents to the Federal Government. In addition to voluntary reporting, affected entities that have mandatory reporting requirements according to law, regulation, or contract must continue to comply with such obligations. The federal agency that receives the report will coordinate with other federal agencies in responding to the incident, including determining whether or not to establish a Cyber UCG to coordinate the response to the significant cyber incident. As a part of this determination, stakeholders can provide information and assessments to federal agencies regarding their view of the severity of the incident for their entity and for their sector. Federal agencies will leverage these assessments and engage with the affected entity for discussion as part of the decision process. As appropriate,the Federal Government also engages with relevant private sector organizations, ISACs, ISAOs, SCCs, SLTT governments, and/or international stakeholders for consultation about the severity and scope of the incident. 31 National Cyber Incident Scoring System.https://www.us-cert.gov/NCCIC-Cyber-Incident-Scoring-System. 30 National Cyber Incident Response Plan Enhanced Coordination Procedures Per PPD-41, each federal agency that regularly participates in the CRG, including SSAs, ensures that it has the standing capacity to execute its role in cyber incident response. Agencies establish enhanced coordination procedures to prepare for significant cyber incidents that exceed its standing capacity. These procedures require dedicated leadership, supporting personnel, available facilities (physical and communications), and internal processes enabling it to manage a significant cyber incident under demands that would exceed its capacity to coordinate under normal operating conditions. Enhanced coordination procedures help to: ■ Identify the appropriate pathways for communicating with other federal agencies during a significant cyber incident, including the relevant agency points-of-contact, and for notifying the CRG that enhanced coordination procedures were activated or initiated; ■ Highlight internal communications and decision-making processes that are consistent with effective incident coordination; and ■ Outline processes for maintaining these procedures. In addition, each federal agency's enhanced coordination procedures identify the agency's processes and existing capabilities to coordinate cyber incident response activities in a manner consistent with PPD-41. Government and private sector personnel should obtain the necessary clearances and accesses to facilitate the quick sharing of information. PPD-41 also directs SSAs to develop or update sector-specific procedures, as needed and in consultation with the sector(s), for enhanced coordination to support response to a significant cyber incident, consistent with this directive. These sector-focused procedures serve as a key mechanism for integrating government and private sector response processes, including processes for accounting for and responding to the business impacts of significant incidents. Cyber UCG A Cyber UCG,per PPD-41, serves as the primary national operational coordination mechanism between and among federal agencies responsible for identifying and developing operational response plans and activities during a significant cyber incident, as well as for integrating private sector partners and the SLTT communities into incident response efforts, as appropriate. Authorities The Cyber UCG works to establish shared objectives for threat response, asset response, and intelligence support to guide cyber incident response and recovery efforts in the short to mid-term. PPD-41 establishes the Cyber UCG and frames this concept of operations. PPD-41 does not alter, supersede, or limit the authorities of federal agencies to carry out their functions and duties consistent with applicable legal authorities and other Presidential guidance and directives. Instead, PPD-41 complements and builds upon PPD-8 on National Preparedness by integrating cyber and traditional preparedness efforts to manage incidents that include both cyber and physical effects. It also leverages the SSA construct and assignments of PPD-21 on Critical Infrastructure Security and Resilience. The Cyber UCG bolsters a unity of effort and does not alter agency authorities or leadership, oversight, or command responsibilities,unless mutually agreed upon between the relevant agency heads and consistent with applicable legal authorities, including the Economy Act of 1932. 31 National Cyber Incident Response Plan Cyber UCG Formation A Cyber UCG will be formed and activated only in the event of a significant cyber incident and will be incident specific. Cyber UCG will be formed by any of the following processes: ■ At the direction of the National Security Council Principals Committee (Secretary level), Deputies Committee(Deputy Security level), or the CRG; ■ When two or more federal agencies that generally participate in the CRG, including relevant SSAs,request its formation based on their assessment of the cyber incident against the severity schema; and or ■ When a significant cyber incident affects critical infrastructure owners and operators identified by the Secretary of Homeland Security for which a cyber incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security A Cyber UCG will dissolve when enhanced coordination procedures for threat and asset response are no longer required or the authorities, capabilities, or resources of more than one federal agency are no longer required to manage the remaining facets of the federal response to an incident. Cyber UCG Responsibilities Per PPD-41, a Cyber UCG conducts the following activities to promote unity of effort in response to a significant cyber incident: ■ Coordinates the cyber incident response in a manner consistent with the principles described in the Section III of PPD-41 Annex; ■ Ensures all appropriate federal agencies, including SSAs, are incorporated into the incident response; ■ Coordinates the development and execution of response and recovery tasks,priorities, and planning efforts, including international and cross-sector outreach,necessary to respond appropriately to the incident and to speed recovery; ■ Facilitates the rapid and appropriate sharing of information and intelligence among Cyber UCG participants on the incident response and recovery activities; ■ Coordinates consistent, accurate, and appropriate communications regarding the incident to affected parties and stakeholders (and those who could be affected), including the public as appropriate; and ■ For incidents that include cyber and physical effects, forms a combined UCG with the lead federal agency or with any UCG established to manage the physical effects of the incident under the NRF developed pursuant to PPD-8: National Preparedness'38 or other applicable presidential policy directives. The Cyber UCG will promptly coordinate with DOJ, general counsel from DHS,regulators, and other relevant federal agencies' attorneys about pertinent legal issues as they are identified to quickly consider and coordinate them with appropriate nongovernmental entities, as necessary. 38 PPD-8,National Preparedness,March 30,2011.hgps://www.dhs.lzov/xlibraD/assets/presidential-policy- directive-8-national-preparedness.pdf. 32 National Cyber Incident Response Plan Cyber UCG Participation Per PPD-41,when a Cyber UCG is established,the Federal Government establishes three lead agencies to effectively respond to significant cyber incidents: ■ DHS is the lead agency for asset response during a significant cyber incident, acting through the NCCIC. The NCCIC includes representation from the private sector, SLTT, and numerous federal agencies. It is a focal point for sharing cybersecurity information, information about risks and incidents, analysis, and warnings among federal and non-federal entities. ■ DOJ is the lead agency for threat response during a significant cyber incident, acting through the FBI and the NCIJTF. Consisting of over 20 partner agencies from across law enforcement, the IC, and the DoD, the NCIJTF serves as a multi-agency focal point for coordinating, integrating, and sharing pertinent information related to cyber threat investigations. ■ ODNI is the lead coordinator for intelligence support during a significant cyber incident, acting through the CTIIC. CTIIC provides situational awareness, sharing of relevant intelligence information, integrated analysis of threat trends, events, and support to interagency efforts to develop options to degrade or mitigate adversary threat capabilities. CTIIC also coordinates any intelligence collection activities that may take place as part of the incident, including identification of intelligence gaps,through the National Intelligence Manager, Cyber. Drawing upon the resources and capabilities across the Federal Government, the lead federal agencies are responsible for: ■ Coordinating any multi-agency threat or asset response activities to provide unity of effort,to include coordinating with any agency providing support to the incident,to include SSAs in recognition of their unique expertise; ■ Ensuring that their respective lines of effort are coordinated with other Cyber UCG participants and affected entities, as appropriate; ■ Identifying and recommending to the CRG, if elevation is required, any additional Federal Government resources or actions necessary to appropriately respond to and recover from the incident; and ■ Coordinating with affected entities on various aspects of threat, asset, and affected entity response activities through a Cyber UCG, as appropriate. In addition to the lead federal agencies, a Cyber UCG will also include SSAs, if the cyber incident affects or is likely to affect sectors they represent as well as other federal cybersecurity centers as deemed necessary per the specific significant cyber incident. All federal agencies responding to the significant cyber incident will participate in, and coordinate their response activities with, a Cyber UCG. SLTT government will be asked to participate in a Cyber UCG when the government entity owns or operates critical infrastructure that is or may be affected by that particular significant cyber incident. Otherwise,the Cyber UCG will use existing collaboration and information sharing mechanisms to provide regular updates to SLTT partners. Like government participation,private sector involvement in a Cyber UCG will be limited to organizations with significant responsibility,jurisdiction, capability, or authority for response for that specific incident,which may not always include all organizations contributing resources to the response. Private Sector Cyber UCG participation will be voluntary and participants should be from organizations which can determine the incident priorities for each operational period and approve an Incident Action Plan,to include commitment of their organizations' resources to support execution of the Incident Action Plan. Per the Guiding Principles in PPD-41, out of respect for an affected 33 National Cyber Incident Response Plan entities' privacy and sensitive private sector information,the Federal Government will coordinate with the affected entity on the approach of wider incident dissemination for that incident. Cyber UCG participants will be expanded or contracted as the situation changes during that particular incident response. Depending on the nature and extent of the incident, a Cyber UCG might also incorporate specific ICT39 companies, also known as ICT enablers, to directly assist on that specific incident response. ICT enablers are companies whose functions and capabilities are the foundations of the global cyber ecosystem. As such, it is these ICT enablers who are often best positioned to share information, ensure engagement of key players across the Internet and ICT realms, and assist with large-scale response efforts during a significant cyber incident. Additionally,the Cyber UCG will continue to use several pre-existing and well-established coordinating structures, such as SCCs, ISACs and routine operational calls, for information sharing to ensure appropriate and timely sharing of actionable intelligence. As the operational arm for many sectors, ISACs especially can assist in their specific sector and across sectors impact assessment as the specific incident allows. Additional organizations may be engaged in response as participants in a Cyber UCG staff or as liaising organizations working in cooperation with the incident management team under separate leadership structures. Such organizations would generally have awareness of and opportunities to provide input to the Incident Action Plan,but would not be responsible for its contents or execution. Regardless of specific participant composition, a Cyber UCG shall operate in a manner that is consistent with the need to protect intelligence and law enforcement sources, methods, operations, and investigations, the privacy of individuals, and sensitive and protected private sector information. Information Sharing During Cyber Incident Response Cyber UCGs share cyber threat information developed during incident response with other stakeholders as quickly, openly, and regularly as possible,to ensure protective measures can be applied with all applicable stakeholders. This sharing may at times be constrained by law, regulation, interests of the affected entity, classification or security requirements, or other operational considerations. However,participants will strive for unity of message when sharing with stakeholders and the public. Existing cyber threat information sharing channels will be used to disseminate such information where feasible. In some cases, depending on how a Cyber UCG's participants have decided to staff a particular incident,this sharing could also take place via a Public Information Officer designated by the Cyber UCG or via a Joint Information Center staffed by representatives of responding organizations. In some cases, ad hoc information sharing mechanisms are required to provide effective situational awareness to interested or affected stakeholders. In all cases, Cyber UCGs protect the privacy of individuals and sensitive private sector information, as appropriate. Conclusion America's efforts to strengthen the security and resilience of networked technologies are never finished. To achieve this security and resilience,the public-private partnership is integral to collectively identifying priorities, articulating clear goals, mitigating risk, and adapting and evolving based on feedback and the changing environment. The Federal Government, SLTT governments, and 39 The President's National Security Telecommunications Advisory Committee's Information Technology Mobilization Scoping Report.May 21,2014.https://www.dhs.gov/sites/default/files/publications/NSTAC%20- %20lnformation%20and%20Communications%20Technology%20Mobilization%20Report% 120411-19-2014.pdf National Cyber Incident Response Plan the Private and International partners remain resolute in its commitment to safeguard networks, systems and applications against the greatest cyber risks it faces, now and for decades to come. The DHS Office of Cybersecurity and Communications will coordinate and oversee reviews and maintenance of the NCIRP in coordination with the DOJ, ODNI, and SSAs. The revision process includes developing or updating any documents necessary to carry out capabilities. Significant updates to the Plan will be vetted through a public-private senior-level review process. This Plan will be reviewed in order to accomplish the following: ■ Assess and update information on the core capabilities in support of cyber and cyber-physical incident response goals and objectives. ■ Ensure that it adequately reflects the organization of responsible entities. ■ Ensure that it is compatible with doctrine and practices for the protection,prevention,mitigation, response, and recovery mission areas of the National Preparedness Goal. ■ Update processes based on changes in the national threat/hazard environment. ■ Incorporate lessons learned and effective practices from day-to-day operations, exercises, and actual incidents and alerts. ■ Adapt to opportunities and challenges that arise as technology evolves and changes. ■ Reflect progress in the Nation's cyber incident response mission activities,the need to execute new laws, executive orders, and Presidential directives, as well as strategic changes to national priorities and guidance, critical tasks, or national capabilities. Additions or updates to the NCIRP annexes may occur independently from reviews of the base document based on lessons learned from immediate statute or law changes, cyber exercises or real world incidents. 35 National Cyber Incident Response Plan Annex A: Authorities and Statutes The authorities listed below provide the legal basis for Federal Government threat response, asset response, and intelligence support activities. Other laws and regulations place additional requirements on certain critical infrastructure sectors. This list is not exhaustive,but it can be leveraged as a foundational resource. ■ Communications Act of 1934, Section 706 (Public Law [PL] 73-416) ■ Cybersecurity Act of 2015 (PL 114— 113) ■ Defense Production Act of 1950 (PL 81-744), as amended ■ Executive Order(EO) 12333: United States Intelligence Activities, as amended ■ EO 12382:President's National Security Telecommunications Advisory Committee, as amended ■ EO 12829: National Industrial Security Program, as amended ■ EO 12968:Access to Classified Information, as amended ■ EO 13549: Classified National Security Information Programs for State, Local, Tribal, and Private Sector Entities ■ EO 13618:Assignment of National Security and Emergency Preparedness Communications Functions ■ EO 13636: Improving Critical Infrastructure Cybersecurity ■ EO 13 69 1:Promoting Private Sector Cybersecurity Information Sharing ■ Federal Information Security Modernization Act of 2014 (PL 113-283) ■ Homeland Security Act of 2002 (as amended through Public Law 112-265) ■ Homeland Security Presidential Directive (HSPD)-5:Management of Domestic Incidents ■ Intelligence Authorization Act for Fiscal Year 2004(PL 108-177) ■ Intelligence Reform and Terrorism Prevention Act of 2004 (PL 108-458) ■ National Cybersecurity Protection Act of 2014 (PL 113-282) ■ National Infrastructure Protection Plan of 2013,Partnering for Critical Infrastructure Security and Resilience ■ National Security Act of 1947 (PL 80-253), as amended ■ National Security Directive 42: National Policy for the Security of National Security Telecommunications and Information Systems ■ National Security Presidential Directive-54/HSPD-23: Cybersecurity Policy ■ Office of Management and Budget Memorandum M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information. ■ Presidential Policy Directive (PPD)-8:National Preparedness ■ PPD-21: Critical Infrastructure Security and Resilience ■ PPD-25: U.S. Policy on Reforming Multilateral Peace Operations ■ PPD-40:National Continuity Policy 36 National Cyber Incident Response Plan ■ PPD-41: U.S. Cyber Incident Coordination Policy and its accompanying Annex ■ U.S. Code (USC) Title 6—Domestic Security ■ USC Title 10—Armed Forces ■ USC Title 18—Crimes and Criminal Procedure ■ USC Title 32—National Guard ■ USC Title 47 - Telecommunications ■ USC Title 50—War and National Defense 37 National Cyber Incident Response Plan Annex B: Cyber Incident Severity Schema Per Presidential Policy Directive (PPD)-4140, the U.S. federal cybersecurity centers, in coordination with departments and agencies with a cybersecurity or cyber operations mission, adopted a common schema for describing the severity of cyber incidents affecting the homeland,U.S. capabilities, or U.S. interests. The schema establishes a common framework to evaluate and assess cyber incidents to ensure that all departments and agencies have a common view of the: ■ Severity of a given incident; ■ Urgency required for responding to a given incident; ■ Seniority level necessary for coordinating response efforts; and ■ Level of investment required for response efforts. Figure 1 below depicts several key elements of the schema. General Definition observed Intended _F Actions Consequencel Level 5 Poses an imminent threat to the Emergency provision of wide-scale critical Cause physical infrastructure services, national gov't Effect consequence stability,or to the lives of U.S.persons. Level Likely to result in a significant impact Damage computer Severe -o public health or safety, national and networking (Red) security,economic security,foreign hardware relations,or civil liberties. Level 3 Likely to result in a demonstrable Presence Corrupt or destroy High impact to public health or safety, data (orange) national security,economic security, foreign relations,civil liberties,or Deny availability to a public confidence. key system or service Level 2 May impact public health or safety, Medium national security,economic security, (Yellow) foreign relations,civil liberties,or Engagement Steal sensitive public confidence. information Level 1 Unlikely to impact public health or Cow safety, national security,economic Commit a financial (Green) security,foreign relations,civil crime liberties,or public confidence. Nuisance DoS or Level 0 Unsubstantiated or inconsequential Preparation defacement Baseline event. White Figure 1: Elements of the Cyber Incident Severity Schema 4°https://www.whitehouse.gov/sites/whitehouse.gov/files/documents/Cyber+lncident+Severity+Schema.pdf 38 National Cyber Incident Response Plan Annex C: Cyber Incident Severity Schema/ National Response Coordination Center Activation Crosswalk When incidents impact the cyber and/or physical environment(s), certain decisions and activities require coordination in order to respond in the most appropriate manner. The graphic below compares the Cyber Incident Severity Schema released in Presidential Policy Directive 41: United States Cyber Incident Coordination and the Department of Homeland Security National Response Coordination Center Activation Scale when comparing response levels for cyber and physical incidents. Due to its severity, size, location, actual or potential impact on public health, welfare, and infrastructure it Poses an imminent threat to the requires an extreme amount provision of wide-scale critical of federal assistance for infrastructure services, national Effect response and recovery - , - government security, or the lives efforts for which the of US citizens. capabilities to support do not exist at any level of government. Likely to result in a significant Requires elevated Level 4 impact to public health or safety, coordination among federal national security, economic and SLTT governments due Severe security, foreign relations, or civil to moderate levels and liberties. breadth of damage. Presence Significant involvement of Likely to result in a demonstrable FEMA and other federal Level 3 impact to public health or safety, agencies. national security, economic High security, foreign relations, civil liberties, or public confidence. May impact public health or Level 2 safety, national security, Requires coordination minor to economic security, foreign governments due to min among federal and Medium relations, civil liberties, or public average levels and breadth confidence. of damage. Typically, this is _ J Engagement primarily a recovery effort Unlikely to impact public health with minimal response Level 1 or safety, national security, requirements. economic security, foreign Low relations, civil liberties, or public confidence. No event or incident Steady anticipated. This includes Level 4 Level 0 Unsubstantiated State routine watch and warning inconsequential event. activities. 39 National Cyber Incident Response Plan Annex D: Reporting Cyber Incidents to the Federal Government' Cyber incidents can have serious consequences. The theft of private, financial, or other sensitive data and cyber incidents that damage computer systems are capable of causing lasting harm to anyone engaged in personal or commercial online transactions. Such risks are increasingly faced by businesses, consumers, and all other users of the Internet. A private sector entity that is a victim of a cyber incident can receive assistance from Federal Government agencies,which are prepared to investigate the incident, help mitigate its consequences, and to help prevent future incidents. For example, federal law enforcement agencies have highly trained investigators who specialize in responding to cyber incidents for the express purpose of disrupting threat actors who caused the incident and preventing harm to other potential victims. In addition to law enforcement, other federal responders provide technical assistance to protect assets,mitigate vulnerabilities, and offer on-scene response personnel to aid in incident recovery. When supporting affected entities,the various agencies of the Federal Government work in tandem to leverage their collective response expertise, apply their knowledge of cyber threats,preserve key evidence, and use their combined authorities and capabilities both to minimize asset vulnerability and bring malicious actors to justice. This Appendix explains when,what, and how to report to the Federal Government in the event of a cyber incident. When to Report to the Federal Government.A cyber incident is an event that could jeopardize the confidentiality, integrity, or availability of digital information or information systems. Cyber incidents resulting in significant damage are of particular concern to the Federal Government. Accordingly, victims are encouraged to report all cyber incidents that may: ■ Result in a significant loss of data, system availability, or control of systems; ■ Impact a large number of victims; ■ Indicate unauthorized access to, or malicious software present on, critical information technology systems; ■ Affect critical infrastructure or core government functions; or ■ Impact national security, economic security, or public health and safety. The Federal Information Security Modernization Act of 2014 (FISMA)requires federal executive Branch civilian agencies to notify and consult with US-CERT regarding information security incidents involving their information and information systems,whether managed by a federal agency, contractor, or other source. What to Report.A cyber incident may be reported at various stages, even when complete information is not available. Helpful information could include who you are,who experienced the incident,what sort of incident occurred, how and when the incident was initially detected,what response actions have already been taken, and who has been notified. 1 This document was created in conjunction with Presidential Policy Directive 41 to provide the public with a unified federal message explaining how and when to report cyber incidents for purposes of obtaining assistance from the Federal Government. It does not address mandatory reporting pursuant to law,regulation,or contract. Such required reporting should continue to occur through designated federal points of contact using existing procedures. 40 National Cyber Incident Response Plan How to Report Cyber Incidents to the Federal Government.Private sector entities experiencing cyber incidents are encouraged to report a cyber incident to the local field offices of federal law enforcement agencies,their sector specific agency, or any of the federal agencies listed in Table 1 below. The federal agency receiving the initial report will coordinate with other relevant federal stakeholders to respond to the incident. If the affected entity is obligated by law or contract to report a cyber incident, the entity should comply with that obligation, in addition to voluntarily reporting the incident to an appropriate federal point of contact. Federal agencies also collaborates with state, local, territorial and tribal government organizations as appropriate given the nature of the cyber incident. Types of Federal Incident Response.Upon receiving a report of a cyber incident, the Federal Government will promptly focus its efforts on two activities: threat response and asset response: ■ Threat response includes attributing,pursuing, and disrupting malicious cyber actors and malicious cyber activity. It includes conducting criminal investigations and other actions to counter the malicious cyber activity. ■ Asset response includes protecting assets and mitigating vulnerabilities in the face of malicious cyber activity. It includes reducing the impact to systems and/or data; strengthening,recovering and restoring services; identifying other entities at risk; and assessing potential risk to the broader community and mitigating potential privacy risks to affected individuals. Irrespective of the type of incident or its corresponding response, federal agencies work together to help affected entities understand the incident, link related incidents, and share information to rapidly resolve the situation in a manner that protects privacy and civil liberties. Table 1: Key Federal Points of Contact ResponseThreat .. Federal Bureau of Investigation (FBI): National Cybersecurity and FBI Field Office Cyber Task Forces: http://www.fbi..qov/contact- Communications Integration us/field Center(NCCIC) Internet Crime Complaint Center(IC3): http://www.ic3.gov (888)282-0870 or • Report cybercrime, including computer intrusions or attacks, NCCIC(cD-hg.dhs.gov fraud, intellectual property theft, identity theft, theft of trade secrets, criminal hacking, terrorist activity, espionage, United States Computer sabotage, or other foreign intelligence activity to FBI Field Emergency Readiness Team: Office Cyber Task Forces. http://www.us-cert.gov • Report individual instances of cybercrime to the IC3, which Report suspected or confirmed accepts Internet crime complaints from both victim and third cyber incidents, including when parties. the affected entity may be National Cyber Investigative Joint Task Force (NCIJTF) interested in government CyWatch 24/7 Command Center: cywatch(a�ic.fbi.gov or (855) assistance in removing the 292-3937 adversary, restoring operations, and recommending ways to ■ Report cyber intrusions and major cybercrimes that require further improve security. assessment for action, investigation, and engagement with local field offices of federal law enforcement agencies or the Federal Government. 41 National Cyber Incident Response Plan ResponseThreat .. United States Secret Service (USSS) Secret Service Field Offices and Electronic Crimes Task Forces (ECTFs): http://www.secretservice.gov/contact/field-offices ■ Report cybercrime, including computer intrusions or attacks, transmission of malicious code, password trafficking, or theft of payment card or other financial payment information. United States Immigration and Customs Enforcement/ Homeland Security Investigations (ICE/HSI) HSI Tip Line: 866-DHS-2-ICE (866-347-2423)or www.ice.gov/webform/hsi-tip-form HSI Field Offices: https://www.ice.gov/contact/hsi HSI Cyber Crimes Center: https://www.ice.gov/cyber-crimes ■ Report cyber-enabled crime, including: digital theft of intellectual property; illicit e-commerce (including hidden marketplaces); Internet-facilitated proliferation of arms and strategic technology; child pornography; and cyber-enabled smuggling and money laundering. If there is an immediate threat to public health or safety, the public should always call 911. 42 National Cyber Incident Response Plan Annex E: Roles of Federal Cybersecurity Centers The Federal Government has established a number of cybersecurity centers associated with various departments and agencies to execute operational missions, enhance information sharing, maintain situational awareness of cyber incidents, and serve as conduits between public-and private-sector stakeholder entities. In support of the Federal Government's coordinating structures on cyber incident management, a Cyber Unified Coordination Group41 may elect to leverage these cybersecurity centers for their established enhanced coordination procedures, above-steady-state capacity, and/or operational or support personnel. National Cybersecurity and Communications Integration Center(NCCIC) As an operational element of the Department of Homeland Security,the NCCIC is the primary platform to coordinate the Federal Government's asset response to cyber incidents. The NCCIC is authorized under Section 3 of the National Cybersecurity Protection Act of 2014. National Cyber Investigative Joint Task Force (NCIJTF) The NCIJTF is a multi-agency center hosted by the Federal Bureau of Investigation and is the primary platform to coordinate the Federal Government's threat response. The NCIJTF is chartered under paragraph 31 of National Security Presidential Directive-54/Homeland Security Presidential Directive-23. Cyber Threat Intelligence Integration Center (CTIIC) Operated by the Office of the Director of National Intelligence,the CTIIC is the primary platform for intelligence integration, analysis, and supporting activities for the Federal Government. CTIIC also provides integrated all-source analysis of intelligence related to foreign cyber threats or related to cyber incidents affecting U.S. national interests. U.S. Cyber Command (USCYBERCOM)Joint Operations Center (JOC) The USCYBERCOM JOC directs the U.S. military's cyberspace operations and defense of the Department of Defense Information Network(DoDIN). USCYBERCOM manages both the threat and asset responses for the DoDIN during incidents affecting the DoDIN and receives support from the other centers, as needed. National Security Agency Cybersecurity Threat Operations Center(NCTOC) The National Security Agency Cybersecurity Threat Operations Center(NCTOC) is the 24/7/365 NSA element that characterizes and assesses foreign cybersecurity threats. The NCTOC informs partners of current and potential malicious cyber activity through its analysis of foreign intelligence, with a focus on adversary computer network attacks, capabilities, and exploitations. Upon request, the NCTOC also provides technical assistance to U.S. Government departments and agencies. Department of Defense Cyber Crime Center(DC3) DC3 supports the law enforcement, counterintelligence, information assurance,network defense, and critical infrastructure protection communities through digital forensics, focused threat analysis, and training. DC3 provides analytical and technical capabilities to federal agency mission partners conducting national cyber incident response. ai See page 30 for description. 43 National Cyber Incident Response Plan Intelligence Community—Security Coordination Center (IC-SCC) The IC-SCC mission is to monitor and oversee the integrated defense of the IC Information Environment in conjunction with IC mission partners and in accordance with the authority and direction of the Office of the Director of National Intelligence Chief Information Officer. The IC - Incident Response Center roles and responsibilities were assumed upon the IC SCC's founding in 2014. 144 National Cyber Incident Response Plan Annex F: Core Capabilities and Critical Tasks Each core capability identified in the National Cyber Incident Response Plan(NCIRP)has critical tasks that facilitate capability execution. These critical tasks are tasks that are essential to achieving the desired outcome of the capability. Critical tasks inform mission objectives,which allow planners to identify resourcing and sourcing requirements prior to an incident. The chart below describes each core capability and identifies critical tasks associated with each capability. fore Capabilities 1. Access Control and Identity Verification Description: Apply and support necessary physical,technological, and cyber measures to control admittance to critical locations and systems. Also referred to as Authentication and Authorization. Critical Tasks: • Verify identity to authorize, grant, or deny access to cyber assets, networks, applications, and systems that could be exploited to do harm. • Control and limit access to critical locations and systems to authorized individuals carrying out legitimate activities. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Perform audit activities to verify and validate security mechanisms are performing as intended. • Conduct training to ensure staff-wide adherence to access control authorizations. 2. Cybersecurity Description: Protect(and, if needed, restore) computer networks, electronic communications systems, information, and services from damage,unauthorized use, and exploitation. More commonly referred to as computer network defense,these activities ensure the security, reliability, confidentiality, integrity, and availability of critical information, records, and communications systems and services through collaborative initiatives and efforts. Critical Tasks: • Implement countermeasures,technologies, and policies to protect physical and cyber assets, networks, applications, and systems that could be exploited. • Secure,to the extent possible,public and private networks and critical infrastructure (e.g., communication, financial, electricity sub-sector, water, and transportation systems),based on vulnerability results from risk assessment,mitigation, and incident response capabilities. • Create resilient cyber systems that allow for the uninterrupted continuation of essential functions. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Respect defined limitations and frontiers of cybersecurity policy among collaborative security partners. 45 National Cyber Incident Response Plan CapabilitiesCore 3. Forensics and Attribution Description: Forensic investigations and efforts to provide attribution for an incident are complementary functions that often occur in parallel during a significant cyber incident. Critical Tasks: • Retrieve digital media and data network security and activity logs. • Conduct digital evidence analysis, and respecting chain of custody rules. • Conduct physical evidence collections, analysis adhere to rules of evidence collection as necessary. • Assess capabilities of likely threat actors(s). • Leverage the work of incident responders and technical attribution assets to identify malicious cyber actor(s). • Interview witnesses,potential associates, and/or perpetrators if possible. • Apply confidence levels to attribution assignments. • Include suitable inclusion and limitation information for sharing products in attribution elements guidance. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Perform audit activities to verify and validate security mechanisms are performed as intended. 4.Infrastructure Systems Description: Stabilize critical infrastructure functions, minimize health and safety threats, and efficiently respond and recover systems and services to support a viable,resilient community following malicious cyber activity. Critical Tasks: • Maintain a comprehensive understanding of the needs for the safe operation of control systems. • Stabilize and regain control of infrastructure. • Increase network isolation to reduce the risk of a malicious cyber activity propagating more widely across the enterprise or among interconnected entities. • Stabilize infrastructure within those entities that may be affected by cascading effects of the cyber incident. • Facilitate the restoration and sustainment of essential services (public and private)to maintain community functionality. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Maintain up-to-date data knowledge of applicable emerging and existing security research, development, and solutions. 46 National Cyber Incident Response Plan ore Capabilities 5.Intelligence and Information Sharinjj Description: Provide timely, accurate, and actionable information resulting from the planning, direction, collection, exploitation,processing, analysis,production, dissemination, evaluation, and feedback of available information concerning threats of malicious cyber activity to the United States, its people,property, or interests. Intelligence and information sharing is the ability to exchange intelligence, information, data, or knowledge among government or private sector entities, as necessary. Critical Tasks: • Monitor, analyze, and assess the positive and negative impacts of changes in the operating environment as it pertains to cyber vulnerabilities and threats. • Share analysis results through participation in the routine exchange of security information— including threat assessments, alerts, threat indications and warnings, and advisories—among partners. • Confirm intelligence and information sharing requirements for cybersecurity stakeholders. • Develop or identify and provide access to mechanisms and procedures for confidential intelligence and information sharing between the private sector and government cybersecurity partners.42 • Use intelligence processes to produce and deliver relevant,timely, accessible, and actionable intelligence and information products to others as applicable, to include critical infrastructure participants and partners with roles in physical response efforts. • Share actionable cyber threat information with SLTT and international governments and private sectors to promote shared situational awareness. • Enable collaboration via online networks that are accessible to all participants. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. 42 Information sharing must provide effective communication to individuals with access and functional needs, including people with limited English proficiency and people with disabilities,including people who are deaf or hard of hearing and people who are blind or have low vision.Effective communication with individuals with access and functional needs includes use of appropriate auxiliary aids and services,such as sign language and other interpreters,captioning of audio and video materials,user-accessible Web sites,communication in various languages,and use of culturally diverse media outlets. 47 National Cyber Incident Response Plan Capabilitiesre 6. Interdiction and Disruption Description: Delay, divert, intercept, halt, apprehend, or secure threats related to malicious cyber activity. Critical Tasks: • Deter malicious cyber activity within the United States, its territories, and abroad. • Interdict persons associated with a potential cyber threat or act. • Deploy assets to interdict, deter, or disrupt cyber threats from reaching potential target(s). • Leverage law enforcement and intelligence assets to identify, track, investigate, and disrupt malicious actors threatening the security of the Nation's public and private information systems. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Respect defined limitations and frontiers of cybersecurity policy among collaborative security partners. 7.Logistics and Supply Chain Management Description: Facilitate and assist with delivery of essential commodities, equipment, and services to include the sustainment of responders in support of responses to systems and networks impacted by malicious cyber activity. Synchronize logistics capabilities and enable the restoration of impacted supply chains. Critical Tasks: • Identify and catalog resources needed for response,prior to mobilization. • Mobilize and deliver governmental,nongovernmental, and private sector resources to stabilize the incident and integrate response and recovery efforts, to include moving and delivering resources and services to meet the needs of those impacted by a cyber incident. • Facilitate and assist delivery of critical infrastructure components to rapid response and restoration of cyber systems. • Enhance public and private resource and services support for impacted critical infrastructure entities. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Apply supply chain assurance principles and knowledge within all critical tasks identified above. 48 National Cyber Incident Response Plan Capabilities 8. Operational Communications Description: Ensure the capacity for timely communications in support of security, situational awareness, and operations,by any and all means available, among and between entities affected by the malicious cyber activity and all responders. Critical Tasks: • Ensure the capacity to communicate with both the cyber incident response community and the affected entity. • Establish interoperable and redundant voice, data, and broader communications pathways between SLTT,particularly state fusion centers, federal, and private sector cyber incident responders. • Facilitate establishment of quickly formed ad hoc voice and data networks on a local and regional basis so critical infrastructure entities can coordinate activities even if Internet services fail. • Coordinate with any UCG (or entity) established to manage physical (or non-cyber) effects of an incident. Ensure availability of appropriate secure distributed and scalable incident response communication capabilities including out-of-band communications mechanisms where traditional communications and/or systems are compromised. Adhere to appropriate mechanisms for safeguarding sensitive and classified information private sector personnel should obtain the necessary clearances and accesses to facilitate the quick sharing of information. • Protect individual privacy, civil rights, and civil liberties. • Cyber threat information also is conducted through automated indicator sharing using established formats such as Structured Threat Information eXpression/Trusted Automated eXchange of Indicator Information(STIX/TAXII).43 • Perform red team activities to verify and validate that forensics and attribution capabilities are performing as intended and have adequate visibility. 9. Operational Coordination Description: Establish and maintain a unified and coordinated operational structure and process that appropriately integrate all critical stakeholders and support execution of core capabilities. Critical Tasks: • Mobilize all critical resources and establish coordination structures as needed throughout the duration of an incident. • Define and communicate clear roles and responsibilities relative to courses of action. • Prioritize and synchronize actions to ensure unity of effort. • Ensure clear lines and modes of communication between entities,both horizontally and vertically. • Ensure appropriate private sector participation in operational coordination throughout the cyber incident response cycle consistent with the NIPP. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Perform table-top activities to verify and validate effective and appropriate coordination between stakeholders. 43 https://www.us-cert.gov/Information-Sharing-Specifications-Cybersecurity 49 National Cyber Incident Response Plan CapabilitiesCore 10. Planning Description: Conduct a systematic process engaging the whole community, as appropriate, in the development of executable strategic, operational, and/or tactical-level approaches to meet defined objectives. Critical Tasks: • Initiate a flexible planning process that builds on existing plans as part of the National Planning System.44 • Collaborate with partners to develop plans and processes to facilitate coordinated incident response activities. • Establish partnerships that coordinate information sharing between partners to restore critical infrastructure within single and across multiple jurisdictions and sectors. • Inform risk management response priorities with critical infrastructure interdependency analysis. • Identify and prioritize critical infrastructure and determine risk management priorities. • Conduct cyber vulnerability assessments,perform vulnerability and consequence analyses, identify capability gaps, and coordinate protective measures on an ongoing basis in conjunction with the private and nonprofit sectors and local,regional/metropolitan, state,tribal,territorial, insular area, and federal organizations and agencies. • Develop operational,business/service impact analysis, incident action, and incident support plans at the federal level and in the states and territories that adequately identify critical objectives based on the planning requirements;provide a complete and integrated picture of the escalation and de-escalation sequence and scope of the tasks to achieve the objectives; and are implementable within the time frame contemplated in the plan using available resources. • Formalize partnerships such as memorandums of understanding or pre-negotiated contracts with governmental and private sector cyber incident or emergency response teams to accept, triage, and collaboratively respond to incidents in an efficient manner. • Formalize partnerships between communities and disciplines responsible for cybersecurity and for physical systems dependent on cybersecurity. Formalize relationships such as memorandums of understanding or pre-negotiated contracts between information communications technology and information system vendors and their customers for ongoing product cyber security,business planning, and transition to response and recovery when necessary. • Formalize partnerships with government and private sector entities for data and threat intelligence sharing,prior to, during, and after an incident. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. 44 The National Planning System provides a unified approach and common terminology to support the implementation of the National Preparedness System through plans that support an"all threats and hazards" approach to preparedness.These plans—whether strategic,operational,or tactical—enable the whole community to build,sustain,and deliver the core capabilities identified in the National Preparedness Goal. 50 National Cyber Incident Response Plan Capabilities 11. Public Information and Warning Description: Deliver coordinated,prompt,reliable, and actionable information to the whole community and the public, as appropriate, through the use of clear, consistent, accessible, and culturally and linguistically appropriate methods to effectively relay information regarding significant threat or malicious cyber activity, as well as the actions being taken and the assistance being made available, as appropriate. Critical Tasks: • Establish accessible mechanisms and provide the full spectrum of support necessary for appropriate and ongoing information sharing among all levels of government,the private sector, faith-based organizations, nongovernmental organizations, and the public. • Share actionable information and provide situational awareness with the public,private, and nonprofit sectors, and among all levels of government. • Leverage all appropriate communication means, such as the Integrated Public Alert and Warning System,public media, and social media sites. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Respect applicable information sharing and privacy protections, including Traffic Light Protocol. • Assure availability of redundant options to achieve critical public information,threat indication, and warning outcomes. 12. Screening, Search, and Detection Description: Identify, discover, or locate threats of malicious cyber activity through active and passive surveillance and search procedures. This may include the use of systematic examinations and assessments, sensor technologies, or physical investigation and intelligence. Critical Tasks: • Locate persons and networks associated with cyber threats. • Develop relationships and further engage with critical infrastructure participants (private industry and SLTT partners). • Conduct physical and electronic searches as authorized by law • Collect and analyze information provided. • Detect and analyze malicious cyber activity and support mitigation activities. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Respect defined limitations and frontiers of cybersecurity policy among collaborative security partners. 51 National Cyber Incident Response Plan CapabilitiesCore 13. Situational Assessment Description: Provide all decision makers with decision-relevant information regarding the nature and extent of the malicious cyber activity, any cascading effects, and the status of the response. Critical Tasks: • Coordinate the production and dissemination of modeling and effects analysis to inform immediate cyber incident response actions. • Maintain standard reporting templates, information management systems, essential elements of information, and critical information requirements. • Develop a common operational picture for relevant incident information shared by more than one organization. • Coordinate the structured collection and intake of information from multiple sources for inclusion into the assessment processes. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. 14. Threats and Hazards Identification Description: Identify the threats of malicious cyber activity to networks and system; determine the frequency and magnitude; and incorporate this into analysis and planning processes so as to clearly understand the needs of an entity. Critical Tasks: • Identify data requirements across stakeholders. • Develop and/or gather required data in a timely and efficient manner to accurately identify cyber threats. • Ensure that the right people receive the right data at the right time. • Translate data into meaningful and actionable information through appropriate analysis and collection tools to aid in preparing the public. • Adhere to appropriate and required mechanisms for safeguarding sensitive and classified information and protecting individual privacy, civil rights, and civil liberties. • Discover, evaluate and resolve gaps in policy, facilitate or enable technologies,partnerships, and procedures which are barriers to effective threat,vulnerability, and hazard identification for the sectors. 52 National Cyber Incident Response Plan Annex G: Developing an Internal Cyber Incident Response Plan This Annex describes processes that may be used for cyber incident response planning. The first subsection describes the national operational planning process. The second subsection outlines a planning process that individual entities may take. National Operational Planning An operational plan is a continuous, evolving instrument of anticipated actions that maximizes opportunities and guides response operations. Operational plans are "living documents," subject to revision as incidents evolve and new information becomes available. Operational plans seek to: ■ Improve coordination, collaboration, and communication to identify and prioritize plans of actions and steps at various thresholds of escalation surrounding a cyber incident; ■ Improve the ability to gather, analyze, and de-conflict multiple sources of information to produce timely and actionable situational awareness; ■ Issue alerts and warnings across a broad range of stakeholders to raise awareness and initiate incident response activities, consequence management, and business continuity plans; ■ Reduce redundancy and duplication that could adversely impact effective coordination by articulating and affirming various roles and responsibilities; ■ Enhance predictability and sustainability to improve collaboration necessary to manage consequences and assess and mitigate impact; and ■ Include flexibility and agility to adapt to emerging events and activities. Operational planning is conducted across the broader community and is an inherent responsibility of every level of government and the private sector. Operational plans should be routinely exercised to ensure identify gaps and establish continuous improvement plans to improve preparedness and effectiveness of the information sharing process surrounding a cyber incident. This NCIRP is not an operational plan for responding to cyber incidents. However, it should serve as the primary strategic approach for stakeholders to utilize when developing agency- and organization- specific operational plans. This common doctrine will foster unity of effort for emergency operations planning and it will help those affected by cyber incidents to understand how federal departments, agencies, and other national-level broader community partners provide resources to support the SLTT communities and private sector response operations. Response Operational Planning Both the Comprehensive Preparedness Guide (CPG) 10145 and the Response Federal Interagency Operational Plan(FIOP)46 are foundational documents that agencies and organizations can leverage and tailor to cyber incidents to develop their own operational response plans. 45 CPG 101,Developing and Maintain Emergency Operations Plans,Version 2.November 2010. hqps://www.fema.lzov/media-libraDL/assets/documents/25975 46 Response Federal Interagency Operational Plan, Second Edition.August 2016.hops://www.fema.lzov/media- library-data/I471452095112-507e23ad4d85449ffl 31 c2b025743101/Response_HOP_2nd.pdf 53 National Cyber Incident Response Plan The CPG 101 provides information on various types of plans and guidance on the fundamentals of planning. Federal plans for incidents are developed using a six-step process, in alignment with the steps described in CPG 101: ■ Form a collaborative planning team ■ Understand the situation ■ Determine the goals and objectives ■ Develop the plan ■ Prepare,review, and approve the plan ■ Implement and maintain the plan. The Response FIOP outlines how the Federal Government delivers the response core capabilities. The Response FIOP provides information regarding roles and responsibilities, identifies the critical tasks an entity takes in executing core capabilities, and identifies resourcing and sourcing requirements. It addresses interdependencies and integration with the other mission areas throughout the plan's concept of operations. It also describes the management of concurrent actions and coordination points with the areas of prevention,protection,mitigation, and recovery. It does not contain detailed descriptions of specific department or agency functions, as such information is located in department- or agency-level operational plans. The NRF and NIMS guide the Response FIOP. The NRF is based on the concept of tiered response, with an understanding that most incidents start at the local and tribal level, and as needs exceed resources and capabilities, additional SLTT and federal assets are applied. The Response FIOP, therefore, aligns with other SLTT, insular area, and federal plans to ensure that all response partners share a common operational focus. Similarly, integration occurs at the federal level among the departments, agencies, and nongovernmental partners that compose the respective mission area through the frameworks,FIOPs, and departmental and agency operations plans. Application While the NRF does not direct the actions of other response elements,the guidance contained in the NRF and the Response FIOP informs SLTT and insular area governments, as well as nongovernment organizations and the private sector, regarding how the Federal Government responds to incidents. These partners can use this information to inform their planning and ensure that assumptions regarding federal assistance and response, and the manner in which federal support will be provided, are accurate. Developing an Internal Cyber Incident Response Plan Public and private sector entities should consider creating an entity-specific operational cyber incident response plan to further organize and coordinate their efforts in response to cyber incidents. Each organization should consider a plan that meets its unique requirements and relates to the organization's mission, size, structure, and functions. The National Institute of Standards and Technology Special Publication 800-61 (revision 2)47 outlines several elements to consider when developing a cyber incident response plan. Each plan should be tailored and prioritized to meet the needs of the organization and adhere to current information sharing and reporting requirements, guidelines, and procedures,where they exist. As 47 NIST SP 800-61 Revision 2,Computer Incident Handling Guide.August 2012. http://nvlpubs.nist. og v/nistpubs/SpecialPublications/NIST.SP.800-6I 2.pdf 54 National Cyber Incident Response Plan appropriate,public and private sector entities are encouraged to collaborate in the development of cyber incident response plans to promote shared situational awareness, information sharing, and acknowledge sector, technical, and geographical interdependences. The elements below serve as a starting point of important criteria to build upon for creating a cyber incident response plan: ■ Mission ■ Strategies and goals ■ Organizational approach to incident response ■ Risk assessments ■ Cyber Incident Scoring System/Criteria48 ■ Incident reporting and handling requirements ■ How the incident response team will communicate with the rest of the organization and with other organizations ■ Metrics for measuring the incident response capability and its effectiveness ■ Roadmap for maturing the incident response capability ■ How the program fits into the overall organization ■ Communications with outside parties, such as: • Customers, constituents, and media • Software and support vendors • Law enforcement agencies • Incident responders • Internet service providers • Critical infrastructure sector partners ■ Roles and responsibilities (preparation, response,recovery) • State Fusion Center • Emergency Operations Center • Local, regional, state,tribal, and territorial government • Private sector • Private citizens ■ A training and exercise plan for coordinating resources with the community ■ Plan maintenance schedule/process. 48 The NCCIC Cyber Incident Scoring System could be used as a basis for an organizations operations center to assist in the internal elevation of a particular incident.hllps://www.us-cert.gov/NCCIC-Cyber-Incident-Scoring- S sy tem. 55 National Cyber Incident Response Plan Annex H: Core Capability/NIST Cybersecurity Framework/PPD-41 Crosswalk The NCIRP Crosswalk describes the relationship between the NIST Cybersecurity Framework and PPD-41. By walking through the table below, each core capability is cross-referenced to ensure continuity and connection between the three documents. This table should be leveraged as a starting point that may assist in the NCIRP's response activities under each core capability,understanding the NIST's functions and categories, and the PPD's respective Lines of Effort. . , re AO Apply and support necessary Access Access Control physical,technological,and Control Asset cyber measures to control admittance to critical Protective Response locations and systems. Technology Access Asset Control Management Data Anomalies and Communications Protect(and,if needed, Events restore)computer networks, Business Security Communications electronic communications Environment Security Response Information Planning Improvements Asset Cybersecurity systems,information,and Continuous services from damage, Risk Assessment Protection Monitoring Response unauthorized use,and Processes Analysis Recovery exploitation. Risk and Detection Planning Management Procedures processes Mitigation Strategy Protective Technology Threat Forensic investigations and Response efforts to provide attribution Forensics and for an incident are Analysis Asset complimentary functions that Response often occur in parallel during a significant cyber incident. Intelligence Support 54 National Cyber Incident Response Plan 111PMMMMMRIST Z"yWIMsecurity Framework Functions and Categories CIRP Core Core Capability7l to PPD 41 p.b 1 i 1 1 pi i j i Access Control Stabilize critical Data Anomalies and infrastructure functions, Asset Events minimize health and safety Management Security Communications threats,and efficiently Security Infrastructure Information Improvements Asset respond and recover systems Business Continuous and services to support a Environment Protection Monitoring Response viable,resilient community Processes Recovery following malicious cyber Risk Assessment and Detection Planning Procedures activity. Processes Protective Technology Provide timely,accurate,and actionable information resulting from the planning, direction,collection, exploitation,processing, analysis,production, dissemination,evaluation, Communications Threat and feedback of available Asset Awareness Security Response Continuous Intelligence and information concerning Management &Training Monitoring Analysis Asset Information threats of malicious cyber Communications Response Sharing activity to the United States, Business Data Mitigation its people,property,or Environment Security Detection interests.Intelligence and Processes Improvements Intelligence information sharing is the Support ability to exchange intelligence,information, data,or knowledge among government or private sector entities,as appropriate. Interdiction and Delay,divert,intercept,halt, Threat Disruption apprehend,or secure threats Response 55 National Cyber Incident Response Plan ILKI- related to malicious cyber activity. Facilitate and assist with delivery of essential commodities,equipment,and services to include the Logistics and sustainment of responders in Supply Chain support of responses to Business Asset Management systems and networks Environment Response impacted by malicious cyber activity. Synchronize logistics capabilities and enable the restoration of impacted supply chains. Ensure the capacity for Threat timely communications in Response support of security, situational awareness,and Operational operations by any and all Asset Communications Communications Asset Communication means available,among and Management Response between entities affected by the malicious cyber activity Intelligence and all responders. Support Establish and maintain a Threat unified and coordinated Governance Response operational structure and Operational process that appropriately Risk Assessment Anomalies Asset Coordination integrates all critical and Events Response stakeholders and supports Risk execution of core Management Intelligence capabilities. Support Conduct a systematic process Threat engaging the whole Recovery Response Planning community,as appropriate, Response Planning in the development of Planning Asset executable strategic, Improvements Response 56 National Cyber Incident Response Plan -Ja 1 I operational,and/or tactical- Intelligence level approaches to meet Support defined objectives. Deliver coordinated,prompt, reliable,and actionable information to the whole community through the use Threat of clear,consistent, Response accessible,and culturally and Public linguistically appropriate Asset Information and methods to effectively relay Communications Communications Response Warning information regarding significant threat or malicious cyber activity,as Intelligence well as the actions being Support taken and the assistance being made available,as appropriate. Anomalies and Events Threat Identify,discover,or locate Response Screening, threats of malicious cyber Security Asset Search and activity through active and Continuous Response Detection passive surveillance and Monitoring search procedures. Detection Intelligence Processes Support Provide all decision makers Threat with decision-relevant Business information regarding the Environment Response nature and extent of the Situational malicious cyber activity,any Communications Detection Communications Communications Asset Assessment cascading effects,and the Processes Response status of the response. Awareness and Intelligence Training Support In the context of a cyber 57 National Cyber Incident Response Plan Cybersecurity Framework1Categories 41 CIppilitj ARFW jCa ab y1I I Description Effo incident,this capability focuses on rapidly processing and communicating large quantities of information from across the whole community from the field- level to the national-level to provide all decision makers with the most current and accurate information possible. Identify the threats of Anomalies and malicious cyber activity to Events networks and system; Threats and determine the frequency and Security Threat Hazards magnitude;and incorporate Continuous Response Identification this into analysis and Monitoring planning processes so as to clearly understand the needs Detection of an entity. Processes 58 National Cyber Incident Response Plan Annex I: Additional Resources The following resources can be leveraged by both the private and public sector. Entities can use this list as a starting point for understanding cyber incident response,vulnerability updates, data breach information, risk management, and organizations that serve as a points of contacts for the public and private sector. This non exhaustive alphabetical list provides a wide range of information that can also be leveraged beyond the scope of this document. ■ Center for Internet Security: www.cisecurity.org ■ CIS Critical Controls: https://www.cisecurity.org/critical-controls.cfm ■ Cyber Incident Severity Schema: https://www.whitehouse.gov/sites/whitehouse.gov/files/documents/Cyber+Incident+Severity+Sc hema.pdf ■ DHS Critical Infrastructure Cyber Community Voluntary Program: https://www.us- cert.gov/ccubedvp ■ Government Coordinating Councils: https://www.dhs.gov/gcc ■ Information Sharing and Analysis Organizations: https://www.isao.org/ ■ Infragard: www.infragard.org ■ Industrial Control System Security Computer Emergency Response Team: https://ics-cert.us- cert.gov ■ Malware Investigator: https://www.malwareinvestigator.gov/ ■ MITRE Common Vulnerabilities and Exposures: https://cve.mitre.org/ ■ Multi-State Information Sharing and Analysis Center: https://msisac.cisecurity.org/ ■ National Council of Information Sharing and Analysis Centers: http://www.nationalisacs.org/ ■ National Incident Management System: https://www.fema.gov/national-incident-management- system ■ National Vulnerability Database: https://nvd.nist.gov/ ■ NIST Framework for Improving Critical Infrastructure Cybersecurity: https://www.nist.gov/cyberframework ■ NIST National Checklist Program Repository: https://web.nvd.nist.gov/view/ncp/repository ■ NIST SP 800-61:: Revision 2: Computer Incident Handling Guide: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-6l r2.pdf. ■ NIST SP 800-37: Guide to Applying the Risk Management Framework to Federal Information Systems: http://csrc.nist.gov/publications/nistpubs/800-37-revl/sp800-37-rvl-final.pdf ■ NVD Common Vulnerability Scoring System: https://nvd.nist.gov/cvss.cfm Sector Coordinating Councils: https://www.dhs.gov/scc ■ US-CERT Website: www.us-cert.gov 59 National Cyber Incident Response Plan Annex J: Acronym List CRG Cyber Response Group CTIIC (Office of the Director of National Intelligence) Cyber Threat Intelligence Integration Center DC3 Department of Defense Cyber Crime Center DHS Department of Homeland Security DOC Department of Commerce DoD Department of Defense DOE Department of Energy DoDIN Department of Defense Information Network DOJ Department of Justice DOS Department of State ESF Emergency Support Functions FBI (Department of Justice)Federal Bureau of Investigations FEMA (Department of Homeland Security)Federal Emergency Management Agency GCC Government Coordinating Council HSI (Department of Homeland Security)Homeland Security Investigations IC Intelligence Community IC3 Internet Crime Complaint Center IC-SCC Intelligence Community Security Coordination Center ICE (Department of Homeland Security) Immigrations and Customs Enforcement ICT Information and Communications Technology INTERPOL International Criminal Police Organization ISAC Information Sharing and Analysis Center ISAO Information Sharing and Analysis Organization JOC Joint Operations Center MS-ISAC Multi-State Information Sharing and Analysis Center NCIRP National Cyber Incident Response Plan NCCIC (Department of Homeland Security)National Cybersecurity and Communications Integration Center NCIJTF (Federal Bureau of Investigations)National Cyber Investigative Joint Task Force NCPA National Cybersecurity Protection Act NCTOC National Security Agency Cybersecurity Threat Operations Center NEWS National Incident Management System NIST National Institute of Standards and Technology 60 National Cyber Incident Response Plan NIPP National Infrastructure Protection Plan NRF National Response Framework ODNI Office of the Director of National Intelligence PII Personally Identifiable Information PPD Presidential Policy Directive SCC Sector Coordinating Council SLTT State, Local, Tribal, and Territorial SLTT GCC State, Local, Tribal, and Territorial Government Coordinating Council SSA Sector Specific Agency UCG Unified Coordination Group US-CERT United States—Computer Emergency Readiness Team USCYBERCOM (Department of Defense)United States Cyber Command 61 1 - Homeland Security EMERGENCY SUPPORT FUNCTION ANNEXES: INTRODUCTION Purpose This section provides an overview of the Emergency Support Function (ESF) structure, common elements of each of the ESFs, and the basic content contained in each of the ESF Annexes. The following section includes a series of annexes describing the roles and responsibilities of Federal departments and agencies as ESF coordinators, primary agencies, or support agencies. Background The ESFs provide the structure for coordinating Federal interagency support for a Federal response to an incident. They are mechanisms for grouping functions most frequently used to provide Federal support to States and Federal-to-Federal support, both for declared disasters and emergencies under the Stafford Act and for non-Stafford Act incidents (see Table 1). The Incident Command System provides for the flexibility to assign ESF and other stakeholder resources according to their capabilities, taskings, and requirements to augment and support the other sections of the Joint Field Office (JFO)/Regional Response Coordination Center (RRCC) or National Response Coordination Center (NRCC) in order to respond to incidents in a more collaborative and cross-cutting manner. While ESFs are typically assigned to a specific section at the NRCC or in the JFO/RRCC for management purposes, resources may be assigned anywhere within the Unified Coordination structure. Regardless of the section in which an ESF may reside, that entity works in conjunction with other JFO sections to ensure that appropriate planning and execution of missions occur. Table 1. Roles and Responsibilities of the ESFs ESF Scope ESF #1 — Transportation Aviation/airspace management and control Transportation safety Restoration/recovery of transportation infrastructure Movement restrictions Damage and impact assessment ESF #2 — Coordination with telecommunications and information technology Communications industries Restoration and repair of telecommunications infrastructure Protection, restoration, and sustainment of national cyber and information technology resources Oversight of communications within the Federal incident management and response structures ESF #3 — Public Works Infrastructure protection and emergency repair and Engineering Infrastructure restoration Engineering services and construction management Emergency contracting support for life-saving and life-sustaining services ESF #4 — Firefighting Coordination of Federal firefighting activities Support to wildland, rural, and urban firefighting operations January 2008 ESF Annexes Introduction ESF-i ESF Scope ESF #5 — Emergency Coordination of incident management and response efforts Management Issuance of mission assignments Resource and human capital Incident action planning Financial management ESF #6 — Mass Care, Mass care Emergency Assistance, Emergency assistance Housing, and Human Disaster housing Services Human services ESF #7 — Logistics Comprehensive, national incident logistics planning, management, and Management and sustainment capability Resource Support Resource support (facility space, office equipment and supplies, contracting services, etc.) ESF #8 — Public Health Public health and Medical Services Medical Mental health services Mass fatality management ESF #9 — Search and Life-saving assistance Rescue Search and rescue operations ESF #10 — Oil and Oil and hazardous materials (chemical, biological, radiological, etc.) Hazardous Materials response Response Environmental short- and long-term cleanup ESF #11 — Agriculture Nutrition assistance and Natural Resources Animal and plant disease and pest response Food safety and security Natural and cultural resources and historic properties protection and restoration Safety and well-being of household pets ESF #12 — Energy Energy infrastructure assessment, repair, and restoration Energy industry utilities coordination Energy forecast ESF #13 — Public Safety Facility and resource security and Security Security planning and technical resource assistance Public safety and security support Support to access, traffic, and crowd control ESF #14 — Long-Term Social and economic community impact assessment Community Recovery Long-term community recovery assistance to States, local governments, and the private sector Analysis and review of mitigation program implementation ESF #15 — External Emergency public information and protective action guidance Affairs Media and community relations Congressional and international affairs Tribal and insular affairs ESF Notification and Activation The NRCC, a component of the National Operations Center (NOC), develops and issues operations orders to activate individual ESFs based on the scope and magnitude of the threat or incident. ESF-ii ESF Annexes Introduction January 2008 ESF primary agencies are notified of the operations orders and time to report to the NRCC by the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Operations Center. At the regional level, ESFs are notified by the RRCC per established protocols. ESF primary agencies notify and activate support agencies as required for the threat or incident, to include support to specialized teams. Each ESF is required to develop standard operating procedures (SOPs) and notification protocols and to maintain current rosters and contact information. ESF Member Roles and Responsibilities Each ESF Annex identifies the coordinator and the primary and support agencies pertinent to the ESF. Several ESFs incorporate multiple components, with primary agencies designated for each component to ensure seamless integration of and transition between preparedness, response, and recovery activities. ESFs with multiple primary agencies designate an ESF coordinator for the purposes of preincident planning and coordination of primary and supporting agency efforts throughout the incident. Following is a discussion of the roles and responsibilities of the ESF coordinator and the primary and support agencies. ESF Coordinator The ESF coordinator is the entity with management oversight for that particular ESF. The coordinator has ongoing responsibilities throughout the preparedness, response, and recovery phases of incident management. The role of the ESF coordinator is carried out through a "unified command" approach as agreed upon collectively by the designated primary agencies and, as appropriate, support agencies. Responsibilities of the ESF coordinator include: • Coordination before, during, and after an incident, including preincident planning and coordination. • Maintaining ongoing contact with ESF primary and support agencies. • Conducting periodic ESF meetings and conference calls. • Coordinating efforts with corresponding private-sector organizations. • Coordinating ESF activities relating to catastrophic incident planning and critical infrastructure preparedness, as appropriate. Primary Agencies An ESF primary agency is a Federal agency with significant authorities, roles, resources, or capabilities for a particular function within an ESF. ESFs may have multiple primary agencies, and the specific responsibilities of those agencies are articulated within the relevant ESF Annex. A Federal agency designated as an ESF primary agency serves as a Federal executive agent under the Federal Coordinating Officer (or Federal Resource Coordinator for non-Stafford Act incidents) to accomplish the ESF mission. When an ESF is activated in response to an incident, the primary agency is responsible for: • Supporting the ESF coordinator and coordinating closely with the other primary and support agencies. • Orchestrating Federal support within their functional area for an affected State. January 2008 ESF Annexes Introduction ESF-iii • Providing staff for the operations functions at fixed and field facilities. • Notifying and requesting assistance from support agencies. • Managing mission assignments and coordinating with support agencies, as well as appropriate State officials, operations centers, and agencies. • Working with appropriate private-sector organizations to maximize use of all available resources. • Supporting and keeping other ESFs and organizational elements informed of ESF operational priorities and activities. • Conducting situational and periodic readiness assessments. • Executing contracts and procuring goods and services as needed. • Ensuring financial and property accountability for ESF activities. • Planning for short- and long-term incident management and recovery operations. • Maintaining trained personnel to support interagency emergency response and support teams. • Identifying new equipment or capabilities required to prevent or respond to new or emerging threats and hazards, or to improve the ability to address existing threats. Support Agencies Support agencies are those entities with specific capabilities or resources that support the primary agency in executing the mission of the ESF. When an ESF is activated, support agencies are responsible for: • Conducting operations, when requested by DHS or the designated ESF primary agency, consistent with their own authority and resources, except as directed otherwise pursuant to sections 402, 403, and 502 of the Stafford Act. • Participating in planning for short- and long-term incident management and recovery operations and the development of supporting operational plans, SOPs, checklists, or other job aids, in concert with existing first-responder standards. • Assisting in the conduct of situational assessments. • Furnishing available personnel, equipment, or other resource support as requested by DHS or the ESF primary agency. • Providing input to periodic readiness assessments. • Maintaining trained personnel to support interagency emergency response and support teams. • Identifying new equipment or capabilities required to prevent or respond to new or emerging threats and hazards, or to improve the ability to address existing threats. ESF-iv ESF Annexes Introduction January 2008 When requested, and upon approval of the Secretary of Defense, the Department of Defense (DOD) provides Defense Support of Civil Authorities (DSCA) during domestic incidents. Accordingly, DOD is considered a support agency to all ESFs. January 2008 ESF Annexes Introduction ESF-v ESF COORDINATING, PRIMARY, AND SUPPORT DESIGNATIONS Table 2. Designation of ESF Coordinator and Primary and Support Agencies Emergency Support Functions a) 3 v _ = U = _ t = f0 i i = f0 L = O fa fC O Gl � 4l R � O •f0 O ul m E i +S+ N = O G7 G7 w f0 U _ U w EL. O Q _ _ U 2 O = Val E u = O �f y U �% f0 y U d U ra W V d IM V O y _ - M iF dl Ul U 47 - L _ 'i y _ ++ E a� M cm O 7 L E 0 m W = G7 O O i 7 fQ y O f0 Q W a +-�+ J 3 W �- U a = 1L W I 2 01.� U J M 7 a V N i L L i = i y 7 i = y a O +O+ rl a3 N M V � E u1 Agency n c 'i N M = of m �0 E O O I� to y o0 G7 G1 ,� 10 ,•� fp ,i ,l y ,i O ,i 9 y k k 4 uw 1k 4 f 4 LU x Vf it f W it f it it f it Z fib # of U *k USDA S S S S S S C/P/S S P S USDA/FS S S S C/P S S S S S S DOC S S S S S S S S S S S S S S DOD S S S S S S S S P S S S S S S DOD/USACE S C/P S S S S S S S S S S ED S S DOE S S S S S S S C/P S S S HHS S S S S C/P S S S S S DHS S S S S S S S S S S S P C DHS/FEMA S P P S C/P C/P/S C/P S C/P S S C/P P DHS/NCS C/P S S DHS/USCG S S S S P P S HUD S S P S DOI S S S S S S S S P S P/S S S S S DOJ S S S S S S S C/P S DOL S S S S S S S S S S S DOS S S S S S S S S S TABLE CONTINUED ON THE NEXT PAGE C = ESF coordinator P = Primary agency S = Support agency Note: Components or offices within a department or agency are not listed on this chart unless they are the ESF coordinator or a primary agency. Refer to the ESF Annexes for details. ESF-vi ESF Annexes Introduction January 2008 Emergency Support Functions 3 M = C U C C M f0 i C 10 L C O �p O G! O f0 GJ M 2. O FA �' i +S+ N C Gl Gl w Ua. U w EL. o Q i fu C O = _ N U 4j CL CL N U fC •O U) ++ (A f0 p, 3 G1 t d C U Q C a+ C 7 = i t C O V y ce 01 _V C E V R1 4l y U O N U Vl i y i G7 C = +O+ E a� i O 7 L. E 47 M y 07 O U i 7 O Q fC Q W d +�+ J 7 W F' U a E W O f (M U J 0 3 a U (A L L i L i E C M L fd C O O Gl 3 7 7 i C y 'O O ++ .-I a-+ N M U E M Agency 'i N M = of f0 �0 E O y 1� io O oD O 01 ,i fC to ,i y ,i O 9 y k k 1kW 4 1 1k2 4uwxof 1k1 a Uf U Uf Z 4 4 (A ItU � DOT C/P S S S S S S S S S S TREAS S S S S S VA S S S S S S S EPA S S S S C/P S S S S S FCC S S S GSA S S S S S C/P S S S S NASA S S S S S N RC S S S S S OPM S S S SBA S S P S SSA S S S TVA S S S S USAID S S S LISPS S S S S S S S ACHP S ARC S S S S S S CNCS S S S DRA S HENTF S NARA S NVOAD S S C = ESF coordinator P = Primary agency S = Support agency Note: Components or offices within a department or agency are not listed on this chart unless they are the ESF coordinator or a primary agency. Refer to the ESF Annexes for details. January 2008 ESF Annexes Introduction ESF-vii This page intentionally left blank. ESF-viii ESF Annexes Introduction January 2008 NEW. HAMPSHIRE STATE EMERGENCY OPERATIONS CENTER EMERGENCY SUPPORT FUNCTION 17 - CYBERSECURITY 2019 Table of • Acronyms.............................................................................................................................. 2 LeadAgency.......................................................................................................................... 3 SupportAgencies .................................................................................................................. 3 Introduction.......................................................................................................................... 3 Purpose........................................................................................................................................ 3 Conceptof Operations........................................................................................................... 4 General........................................................................................................................................ 4 Organization................................................................................................................................ 5 Notification.................................................................................................................................. 6 EventReporting........................................................................................................................... 6 ESFActions............................................................................................................................ 6 Prevention/Preparedness Actions .............................................................................................. 6 ResponseActions ........................................................................................................................ 8 RecoveryActions......................................................................................................................... 9 MitigationActions....................................................................................................................... 9 Responsibilities ................................................................................................................... 10 General...................................................................................................................................... 10 AgencySpecific.......................................................................................................................... 10 LeadAgency........................................................................................................................... 10 SupportAgencies................................................................................................................... 10 Coordination with Other Emergency Support Functions....................................................... 12 MutualAid.......................................................................................................................... 12 ResourceList....................................................................................................................... 13 Contracts ................................................................................................................................... 13 Attachments ....................................................................................................................... 13 Plans/Procedures, Etc................................................................................................................ 13 Recordof Update ................................................................................................................ 13 NEW HAMPSHIRE ESF17-Cybersecurity 1 STATE EMERGENCY OPERATIONS CENTER CDP Cyber Disruption Plan CISA Cybersecurity and Infrastructure Security Agency CISO Chief Information Security Officer DHS Department of Homeland Security DOD Department of Defense DOIT Department of Information Technology DOS NH Department of Safety EMAC Emergency Management Assistance Compact ESF Emergency Support Function FEMA Federal Emergency Management Agency HSEM NH Division of Homeland Security and Emergency Management IC Incident Commander IEMAC International Emergency Management Assistance Compact ITSG Information Technology Security Group JIC Joint Information Center LOA Letter of Agreement MOU Memorandum of Understanding MS-ISAC Multi-State Information Sharing and Analysis Center NCCIC National Cybersecurity and Communications Integration Center NCIRP National Cyber Incident Response Plan NH-CIC NH Cyber Integration Center NHIAC NH Information and Analysis Center NHNG NH National Guard NHSP NH State Police NIMS National Incident Management System NIMS National Incident Management System NRF National Response Framework PIO Public Information Officer SEOC State Emergency Operations Center SEOP State Emergency Operations Plan SME Subject Matter Experts SOP Standard Operation Procedure NEW HAMPSHIRE ESF17-Cybersecurity 2 STATE EMERGENCY - IOPERATIONS CENTER Lead Agency NH Department of Information Technology (DoIT) SupportAgencies NH Department of Safety (DOS), Information and Analysis Center (NHIAC) NH Cyber Integration Center (NH-CIC) NH National Guard (NHNG) NH Department of Safety, Division of Homeland Security and Emergency Management (HSEM) Multi-State Information Sharing and Analysis Center (MS-ISAC) Introduction Cyber incidents may take a number of different forms: an organized cyberattack, an exploit such as a virus or worm, a natural disaster with significant cyber consequences, or other incidents capable of causing extensive damage to critical cyber infrastructure. Cyber incidents can occur at any time with little or no warning, may quickly overwhelm public and private sector resources, and result in secondary consequences that threaten life, safety, property, critical infrastructure, the economy, and/or the ability to deliver essential services. Cyber incidents may not be associated with specific geographical areas and may lack an easily identifiable signature. Cyber incidents may impede communications necessary for coordinating response and recovery actions. While owners and operators of critical infrastructure systems can and should take precautions to protect their systems prior to the occurrence of a cyber incident, it is reasonable to assume that some owners/operators may have failed to or are unable to do so. Most cyber infrastructure is owned and operated by the private sector. Effective response to and recovery from a cyber incident will require cooperation and coordination between the public and private sectors. Rapid identification, robust information sharing, and coordinated investigative and response or remediation activities may limit the impacts of a cyber incident. Purpose In the event of a significant cybersecurity incident, ESF 17 provides a centralized entity for responding to a cyber incident that affects the State of New Hampshire. ESF 17 provides a means of defining, specifying, and maintaining the functions and resources required to ensure timely and consistent actions, communications, and response efforts. Additionally, ESF 17 ensures appropriate coordination and inclusion of necessary state,federal, and local agencies and private industry, in order to minimize the impact of a cybersecurity incident. Significant cybersecurity incidents may occur independently or in conjunction with disaster emergency operations and potentially could impact public health, safety, or critical infrastructure. . NEW HAMPSHIRE STATE EMERGENCY ESF 17-Cybersecurity 3 'D OPERATIONS CENTER Concept of Operations This annex will be activated at the direction of the DOIT Commissioner and HSEM Director when there is potential for or an actual disaster situation or a planned event affecting cybersecurity. General 1. ESF 17 can be partially or fully activated, depending on the demands of an incident. The full activation of ESF 17 will be a joint decision between DoIT and HSEM, in accordance with the cyber severity matrix. 2. Not all cyber incidents will require standing up the SEOC, even if ESF 17 has been engaged. The State has resources and expertise that can be used to supplement local and private sector efforts. Federal assistance may be requested to support state and local efforts if an incident exceeds state and local capabilities. Depending on the magnitude of the incident, resources from other states or the federal government may not be available for use in New Hampshire for as long as 72 hours after a cyber incident is detected. 3. Core members of ESF 17 (i.e., DoIT CISO [or designee], ITSG, and NH-CIC) will be activated for any cyber event or incident, regardless of severity, at Level 1. This core group will be responsible for initiating the process of escalating response to address the needs of the incident. 4. DoIT CISO will coordinate the activities of ESF 17, as directed by the DoIT Commissioner and Incident Commander. 5. At the discretion of DolT and HSEM, ESF 17 may receive a notification or situational awareness update during a low severity incident, but will not be activated beyond the core members. 6. Once an incident escalates from low to medium severity, ESF 17 will be partially activated. 7. During a partial activation, a small contingency of ESF 17 will implement response operations under the direction of ESF 17 leadership. 8. Membership of this contingency will be determined by DoIT and HSEM, at the time of activation, in order to meet the needs of the incident. 9. Once an incident escalates from medium to high severity, ESF 17 will be fully activated. 10. During a full activation, the State Emergency Operations Center (SEOC) will be operational and complete (or near-complete) membership of ESF 17 will be utilized. 11. DoIT and HSEM will virtually activate ESF 17 as needed, to support response activities. -47)NEW HAMPSHIRE ESF 17-Cybersecurity 4 STATE EMERGENCY OPERATIONS CENTER Organization 1. Command&Control: ESF 17 shall function under the direction and control of the Information and Planning Section under the SEOC Planning Chief. (See Organizational Chart in SEOP Base Plan.) 2. Operational Facilities/Sites a. New Hampshire Cyber Integration Center (NH-CIC-E and NH-CIC-W) 3. Federal Resources: When ESF 17 anticipates or has a need for resources not otherwise available, action will be taken to secure such resources through the National Response Framework(NRF) or some other federal source. This request should be coordinated through the SEOC Planning Chief, as required. The National Cyber Incident Response Plan (NCIRP) outlines DHS/CISA statutory responsibilities. These include reporting suspected or confirmed cyber incidents, including when the affected entity may be interested in government assistance in removing the adversary; restoring operations; and recommending ways to improve security. Report if the cyber incident may: a. Result in a significant loss of data, system availability, or control of systems b. Impact a large number of victims c. Indicate unauthorized access to or malicious software present on critical IT systems d. Affect critical infrastructure or core government functions e. Impact national security, economic security, or public health and safety The DHS/CISA National Cybersecurity and Communications Integration Center (NCCIC), NCCIC@hq.dhs.gov, (888) 282-0870, provides the following: a. Information exchange b. Training and exercises c. Risk and vulnerability assessments d. Data synthesis and analysis e. Operational planning and coordination f. Watch operations g. Incident response and recovery 4. Contracts and Contractors: Resources that are available through ESF 17 may, at times, best be obtained through a contractor. State of NH contracts or private sector contracts should be facilitated through Logistics and ESF 7 — Resource Support. t NEW HAMPSHIRE ESF 17-Cybersecurity 5 16 STATE EMERGENCY OPERATIONS CENTER Notification 1. DOIT will notify HSEM when a cybersecurity event or incident is classified at Level 1 on the State Cyber Severity Matrix. 2. HSEM will notify the lead agency points of contact when there is an immediate or anticipated SEOC activation requiring ESF 17 representation. 3. The lead agency will then notify the support agencies and determine coverage for the ESF 17 desk in the SEOC. 4. ESF 17 agencies will make notifications to their appropriate regions, districts, local offices, etc. 5. The above notification process will be utilized for all phases of activation and activities in which the ESF 17 will be involved. Event Reporting 1. WebEOC will be utilized to provide continuous situational awareness. 2. Position logs should be maintained by each ESF agency in sufficient detail to provide information on activities taken during the event. 3. Agencies are also expected to keep their lead agency updated upon all activities and actions. 4. The lead agency will be responsible for making periodic reports to the Operations Section Chief on activities taken by the ESF during the event and assure they are properly documented. 5. Lead and support agencies must maintain financial records of all activities and costs during the event. The records will be turned into the lead agency when requested. ■ ■ I Prevention/Preparedness Actions 1. Maintain situational awareness through coordination with ESF 17 support agencies for current inventories of available resources. 2. Participate in state exercises or conduct an exercise to validate this Annex and supporting SOPS. 3. Support the Emergency Management Assistance Compact (EMAC) and the International Emergency Management Assistance Compact (IEMAC), including training of ESFs on EMAC/IEMAC responsibilities and pre-identification of assets, needs, and resources that may be allocated to support other states/provinces. 4. Annually review the Federal Department of Homeland Security Core Capabilities and integrating tasks as appropriate. 5. Integrate NIMS principles in all aspects of planning for ESF 17. 6. Maintain notification systems to support emergency/disaster response. 7. Maintain personnel lists and resource contacts in a state of readiness appropriate to existing and anticipated emergency conditions. NEW HAMPSHIRE ESF 17-Cybersecurity 6 STATE EMERGENCY OPERATIONS CENTER 8. Ensure training and personnel rosters for assignment to the SEOC during activation. Prepare for sufficient personnel for an extended and/or 24-hour activation period. 9. Users of networked systems may prevent cyber incidents by proper usage of networks, systems, and applications in compliance with applicable information security policies. 10. Users of networked systems may prevent cyber incidents by creating, implementing, and maintaining policies, and procedures to secure networks, systems, and applications. 11. Ensure procedures and program/contact information are up-to-date. Discuss lessons identified from incidents and exercises and explore creative ways to leverage resources. 12. Communicate and share information with other lead and supporting agencies/organizations, and with other agencies/organizations, as appropriate. 13. Collaborate with other lead and supporting agencies/organizations and others, as appropriate, on prevention/protection/mitigation initiatives. 14. Develop and maintain operational plans and procedures, resource directories, and emergency contact lists to support ESF 17 activities, including response and recovery actions. 15. Ensure all lead and supporting agencies/organizations have at least primary and secondary points of contact and other pre-designated staff, as necessary, to support this annex and SEOC operations. 16. Ensure all lead and support agencies/organizations' responders are properly and regularly trained in WebEOC. 17. Ensure that HSEM's Operations Section has a current roster of lead and supporting agency/organization primary and secondary points of contact and that HSEM's Operations Section is promptly notified of staff changes. Contact information should be readily updated in WebEOC. 18. Ensure procedures are in place to quickly notify and communicate with primary and secondary points of contact each lead and supporting agency/organization, and for other personnel who may be called upon to support this plan. 19. Ensure that points of contact and support staff of lead and supporting agencies/organizations who may be called upon to support this annex or SEOC operations are and remain properly trained on ESF 17 and SEOC procedures and operations. 20. Develop coordination mechanisms, strategies, and requirements for post-incident assessments, plans, and activities that are scalable to incidents of varying types and magnitudes. 21. Conduct after action discussions of prior ESF 17 efforts and other studies to improve future operations. 22. Develop long-term strategies and plans in coordination with other relevant stakeholders to address key ESF 17 issues regarding cyber incidents. 23. Develop plans, procedures, and guidance delineating appropriate participation and available resources that take into account the differing technical needs and statutory responsibilities. UIW NEW HAMPSHIRE ESF17-Cybersecurity 7STATE EMERGENCY OPERATIONS CENTER Response Actions 1. Assign and schedule sufficient personnel to cover an SEOC activation for an extended period. 2. Provide updates and briefings for personnel reporting for ESF 17 duty. 3. Notify ESF 17 counterparts in the threatened or impacted areas. 4. Generate information to be included in SEOC briefings, situation reports, and/or action plans. 5. Evaluate and respond to ESF 17 mission/task requests, including providing available resources, equipment, and personnel for fulfilling ESF missions. Maintain situational awareness of resources committed to an incident. 6. Consult Cyber Disruption Plan for specialized actions. 7. Support requests and directives resulting from a Governor's State of Emergency Declaration and/or Presidential Disaster Declaration. 8. Oversee and track containment and restoration activities, including actions taken, resource assignments, and notifications. 9. Provide situational awareness and subject-matter expertise and solutions during a response. 10. Identify appropriate subject matter experts to recognize threats and vulnerabilities to IT networks, with respect to emergency management objectives and priorities for potential cyber-related events. 11. Identify appropriate subject matter experts to ascertain remediation and mitigation measures (e.g., plans, procedures, hardening measures, etc.) for threats and vulnerabilities, with respect to emergency management objectives and priorities for potential cyber-related events. 12. Make an initial determination of damage, compromise, and risk; identify immediate corrective actions to contain damage, minimize risk, and preserve evidence. 13. Engage appropriate subject matter experts to assess threat and risk levels and make recommendation for immediate action. 14. Monitor disruption events to determine scale and scope and to determine if the event is contained or escalating. 15. Gather and share information that may indicate the development of a larger or more regional-level disruption event. 16. Provide other cybersecurity experts or representatives in the region with situational awareness and assistance during a catastrophic incident as necessary and possible. 17. Help coordinate IT-related response activities pursuant to an Incident Action Plan. 18. Coordinate with emergency management support staff to procure critical cyber-related resources. 19. Provide situational awareness and subject matter expertise and solutions for an Incident Commander during a response, including: . 1 NEW HAMPSHIRE STATE EMERGENCY ESF 17-Cybersecurity 8 'D OPERATIONS CENTER a. Assist Operations Staff in understanding technical and operational issues regarding cyber-related resources and networks. b. Assist Planning Staff in the development of priorities and objectives of a long-term response to a large-scale cyber disruption incident. 20. Coordinate ESF 17 support to other ESFs regarding primary, secondary, or cascading impacts. Ensure that other ESFs have an understanding of these impacts and their relationship to potential, perceived, or actual threats. 21. Conduct ongoing reassessment of priorities and strategies to meet the most critical needs. 22. Radiological Emergency Preparedness Actions a. Refer to the ESF 17 section of the NH Radiological Emergency Response for Nuclear Facilities Incident Annex, Attachment A —Implementing Procedures for State Agencies. fecovery Actions 1. Maintain information and status of cybersecurity infrastructure to SEOC Planning via WebEOC. 2. Continue to coordinate activities and requests with partner ESFs. 3. Coordinate replacement and restoration of damaged or destroyed equipment and facilities in the affected areas. 4. Generate information to be included in SEOC briefings, situation reports, and/or action plans. 5. Ensure ESF 17 lead and support agencies document event-related costs for any potential reimbursement. Mitigation Actions 1. Participate in continuous employee education on cyber security. 2. Monitor network traffic for suspicious activity in coordination with DoIT, NHIAC, NHSP, and HSEM. 3. Know where sensitive data resides and be aware of the protection strategy, including encryption and monitoring. 4. Perform annual penetration testing and routine vulnerability assessments. 5. Prepare for worst-case scenarios. 6. Provide input to the State Hazard Mitigation Plan as needed. 7. Support and plan for mitigation measures, including monitoring and updating mitigation actions in the State Hazard Mitigation Plan. 8. Support requests and directives from the Governor and/or FEMA concerning mitigation and/or redevelopment activities. NEW HAMPSHIRE ESF 17-Cybersecurity 9 STATE EMERGENCY - IOPERATIONS CENTER Responsibilities General 1. Agencies will provide Subject Matter Experts (SMEs) to support ESF 17 in the SEOC. 2. Agencies will maintain inventories/databases, status of availability, and procedures to obtain access to and use of their cybersecurity assets. 3. Participate in the evaluation and mission assignment of ESF 17 resource requests submitted to the SEOC, including resources that are available through mutual aid agreements, compacts, contracts, etc. Agency Specific Lead Agency NH Department of Information Technology(DoIT) 1. Notify HSEM when a cybersecurity event or incident is classified at Level 1 on the State Cyber Severity Matrix. 2. Implement the state Cyber Disruption Plan, if appropriate. 3. Oversee the development of an incident-specific response strategy. 4. Monitor disruption events to determine scale and scope and to determine if the event is contained or escalating 5. Provide other cybersecurity experts or representatives in the region with situational awareness and assistance during a catastrophic incident, as necessary and possible. 6. Determine whether to activate cyber insurance policy or assign responsibility for doing so. 7. Oversee and track containment and restoration activities including actions taken, resource assignments, and notifications. 8. Conduct technical discovery, threat, and impact analysis in support of incident response. 9. Staffing the ESF 17 desk in the SEOC, as appropriate and as set forth in this Annex. 10. Identify, train, and assign personnel to staff ESF 17 in the SEOC. 11. Notify all ESF 17 supporting agencies upon activation. 12. Assign personnel to the ESF 17 duty schedule at the SEOC. 13. Provide staff and resources necessary to conduct impact assessments of the affected area(s). Support 1. NH Department of Safety, Information and Analysis Center (NHIAC) a. Gather, analyze, and communicate pre-incident intelligence from multiple sources. b. Maintain critical infrastructure and key resources sector contact distribution lists. c. Provide accurate and timely intelligence products. d. Provide direct analytical support for investigations involving precursor criminal activity. NEW HAMPSHIRE STATE EMERGENCY ESF 17-Cybersecurity 10 OPERATIONS CENTER e. Promote awareness of priority intelligence requirements and of indicators of threats to the State. f. Conduct threat information sharing both inside and outside the government, including best practices, investigative information, coordination of incident response, and incident mitigation. g. Assist in attributing the source of cyber-attacks through NHIAC resources and the network of fusion centers. 2. NH Cyber Integration Center (NH-CIC) a. Facilitate information sharing amongst state response partners. b. Provide real-time intelligence during a cyber incident. c. Support response operations as requested. d. Conduct technical discovery, threat, and impact analysis in support of incident response. e. Provide updates to the DoIT Commissioner and CISO, or designees, as requested. f. Provide subject matter expertise as requested. g. Participate in coordination calls to communicate relevant updates and concerns to leadership. h. Gather and share information that may indicate the development of a larger or more regional-level disruption event. i. Record observations during response operations to inform after action reporting. 3. NH National Guard (NHNG) a. Assist with pre-disaster planning and resource acquisition. b. Assist with emergency response by providing technical expertise and guidance as allowed by activation status. c. Inform the development of the state's technical response strategy (i.e., pre-incident planning). d. Provide incident response augmentation, cyber incident hunt teams, cyber incident mitigation and recovery actions. e. Share and synchronize actions and information with and among mission partners in order to protect United State Department of Defense (DOD) information networks, software, and hardware and enhance situational awareness to improve preparedness for DOD mission requirements, and to improve cybersecurity unity of effort. f. Engage in training activities during which mission partners participate or observe for the purpose of sharing best practices and enhancing DoD cyberspace-related knowledge, skills, and capabilities. NEW HAMPSHIRE ESF17-Cybersecurity 11 STATE EMERGENCY OPERATIONS CENTER g. Provide advice to mission partners that aids in the development of potential strategies, plans, and solutions for preventing, protecting, and defending against, responding to, mitigating the effects of, and recovering from cyber incidents. h. Support mission partners in their prevention of, protection against, mitigation against, and recovery from a cyber incident. 4. NH Department of Safety, Division of Homeland Security and Emergency Management a. Coordinate with DoIT Commissioner to activate the CDP. b. Support DoIT in the coordination of response to a significant incident. c. Assign responsibility for communications during a significant incident. d. Coordinate with the DoIT Commissioner to schedule and facilitate a coordination call with key stakeholders. 5. Multi-State Information Sharing and Analysis Center (MS-ISAC) a. MS-ISAC Security Operations Center, 866-787-4722, soc@msisac.org b. Incident response assistance in the following areas: i. Emergency conference calls ii. Forensic analysis iii. Log analysis iv. Mitigation and response recommendations V. Reverse engineering vi. Threat intelligence Coordination with Other Emergency Support Functions ESF 17 will coordinate with other ESFs through the SEOC by: 1. Notifying organizations of available resources. 2. Providing availability of subject matter experts for specialized requests. 3. Providing communications and alerting support for other ESF responders and to meet needs as requested and as capable. Mutual Ai Lead and support agencies will maintain up-to-date agreements and Memoranda of Understanding/Letters of Agreement (MOU/LOA) with various other agencies, regions, states, or countries, as appropriate. Each agency is responsible for keeping these documents updated and with appropriate points of contact. Support agencies should keep the lead agency informed of any such agreements that may affect resources or capabilities during an emergency incident. The State of New Hampshire also maintains agreements and mutual aid compacts on behalf of various organizations. These may be activated as the situation warrants. NEW HAMPSHIRE ESF 17-Cybersecurity 12 STATE EMERGENCY - IOPERATIONS CENTER Resource List Contracts 1. New Hampshire Cyber Insurance Attachments Plan5FEMINUMUNS 1. State of New Hampshire Cyber Disruption Plan, 2018, Department of Information Technology and Department of Safety, Homeland Security and Emergency Management Record of • • . Date Title and Agency of ESIF Lead Approving Update NEW HAMPSHIRE ESF17-Cybersecurity 13 a STATE EMERGENCY OPERATIONS CENTER 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): September 25,2023 Agenda Date: Budget approval Internal Review: ❑X Finance ❑X 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• Lead Pay Annual Review Background/Executive Summary: As part of the 2024 Budget process, lead pays are reviewed annually for ongoing need, essential functions, and financial impact. Departments were sent reminders on August 10 and August 22 by the HR Director to submit 2024 requests as part of the budget review process.Attached are the requests as received by the Department. Budget Impact(amount, funding source,budget amendment): See attached. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of Lead Pay list as presented for 2024. Attachments 2024 Lead Pay List Lead Pay Summary Opportunity Posted In Addt'I Accordance Funding Funding Effective Union With CBA First Last Department Employee Job Title Needed Source Date End Date Engineer's Guild Yes Todd Cannon Information Services Network Engineer No Fund 500 1/1/24 12/31/24 Teamsters-General Services Carl Olson Support Services Maintenance IV No 001.146.000 1/1/2024 12/31/2024 Teamsters-General Services Mariah Frazier Community Dev. Office Specialist No 1/1/2024 12/31/2024 Teamsters-General Community Dev. Services Genie McFarland Senior Permit Specialist No 1/1/2024 12/31/2024 Teamsters-General Community Dev. Services Josh Luck Building Inspector IV No 1/1/2024 12/31/2024 Teamsters-General Community Dev. Services Todd Cunningham Building Inspector IV No 1/1/2024 12/31/2024 Teamsters-General Community Dev. Services Yes Scott Ruedy Senior Planner No 1/1/2024 12/31/2024 Teamsters-General Community Dev. Services Julie Lewis Planner No 9/1/2023 12/31/2024 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): September 25,2023 Agenda Date: Budget approval Internal Review: ❑X Finance ❑X 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• Career Incentive Review Background/Executive Summary: As part of the 2024 Budget process and personnel policy,Career Incentive pays are reviewed for ongoing need,essential functions, and financial impact. Attached are the requests as received by the Department. Excerpts from Career Incentive Pay Policy Licensure: A state's grant of legal authority to practice a profession within a designated scope of practice. Professional Certification:A standardized process that enables an individual to demonstrate a certain level of competency in a specific career or job function.Upon completion of professional certification requirements, which typically entail passing an exam administered by an industry specific credentialing organization,a certification credential is awarded.Professional certification holders must complete continuing education requirements to retain the credential. Certification Program:A training program on a specialized topic for which participants receive a certificate after completing the course and passing an assessment instrument. The County has identified,and continues to identify,key licenses and professional certifications that are essential to efficient and cost-effective operations of departments on a case-by-case basis.As a result,upon approval,the acknowledged employee may be eligible to receive Career Incentive pay up to$10,000 for Licensure,up to $5,000 for Professional Certification,and up to$2,500 for Certification programs depending on the needs of the County. An employee shall only be approved for one(1)incentive pay from the Professional Certification or Licensure level,but not both. Certification incentives shall be limited to up to four(4)certifications per employee. C Mason County Agenda Request Form Y /A t! To qualify for the incentive,the attained license or professional certification must be from a nationally or regionally accredited institution in a field of study directly related to improvement of knowledge and skills in the employee's current job. Budget Impact(amount, funding source,budget amendment): Determined by the Board Public Outreach (news release,community meeting, etc.): N/A Requested Action: Review and assignment of incentive pay as determined by the BOCC. Attachments September 2023 Career Incentive Summary Career Incentive Summary Is This Request Part of The License Position Type Of Type Of Employee Employee Employee Current License Certification Description Request Incentive Union Status Name First Name Last Dept. Job Title Certification Name Website Engineering& Professional Public Construction Engineering in No Renewal Certification Non-Union Kobree Glaser Works Assistant Manager Training Teamsters- AICP(American Professional General Comm. Institute of Certified https://www.plan No Renewal Certification Services Scott Ruedy Dev. Senior Planner Planners ning.org/aicp/ Sheriff's Corrections Middle No New Certification Non-Union Shane Schoeneberg Office Lieutenant Management Gold Standard Sheriff's Corrections Officer Leadership No New Certification Non-Union Shane Schoeneberg Office Lieutenant Development Sheriff's Corrections Field Training No New Certification Non-Union Shane Schoeneberg Office Lieutenant Officer Sheriff's Corrections Internal Affairs No New Certification Non-Union Shane Schoeneberg Office Lieutenant Investigations https:Ha pps.leg.w Deputy Director a.gov/WAC/defaul Public Utilities and Waste Washington State t.aspx?cite=173- No New Licensure Non-Union Richard Dickinson Works Management Group IV WWTPO 230-250 Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status ❑ New 0 Renewal Professional Certification Q Non-Union ❑ Union Employee Name Kobree Glaser First Last Employee Email Department kglaser@masoncountywa.gov Public Works Employee Current Job Title Engineering & Construction Assistant Manager License/Certification Name License/Certification Website Engineering in Training Description of benefit to the County safeguarding life, health, and property and promoting the welfare of the public, contributing to overall department efficiency, risk reduction, and professionalism Attach supporting documentation for the certification/license K. Glaser EIT.pdf Supervisor Name Supervisor Email David Smith DNSmith@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature ----------------------------------------------------------------------------------n- _ '^�:�: .-��s:ewe`. ._ .r. +- .,Zt-��.s!.`+- __l-_.*a...^v<^y?.-_ r..c�^�r�:.:.. -a:.a-^vc r-:::..Z:r... •..._:..:-R. _,:-... F y STATE OF WASHINGTON BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS t 2 .� THIS CERTIFIES THAT THE PERSON OR BUSINESS NAMED BELOW IS AUTHORIZED AS A t} r 1 rJJ } tt IT4GINFrR IN TRAINING ! tl 1I Kobree Janae Glaser � r it1I J f 20110963 2019-12-30 ' License Number Issue Date e - !h/ Kcn IOW Director (RU/19)s 9/20/23, 10:47 AM County of Mason(WA)-Class Specification Bulletin t1+��pI�1 CO ENGINEERING AND CONSTRUCTION Class Code: ASSISTANT MANAGER 4029 1854 COUNTY OF MASON (WA) Established Date: Jan 1, 2020 SALARY RANGE $33.26 - $40.47 Hourly $266.07 - $323.77 Daily $1,330.34 - $1,618.84 Weekly $2,882.41 - $3,507.49 Semi-Monthly $5,764.82 - $7,014.98 Monthly $69,177.84 - $84,179.76 Annually DESCRIPTION: Coordinates with Contractors and construction inspection staff/consultants for all types of public works projects within the public right-of-way in accordance with established policy and professional standards, including but not limited to: • Roadway, bridge, wall, drainage, and streetlighting • Performing and overseeing/reviewing technical studies • Developing and managing consultant contracts for construction services as needed • Responding to emergencies Performs or oversees design review and construction inspection work for all types of county road construction projects in accordance with county code and professional standards similar to above. Performs data collection, analysis, and maintenance of databases necessary to: • Support engineering and construction and road operations work • Ensure compliance with mandatory annual and project reporting to CRAB May be required to work with supervision, independently or direct others in the performance of work. ESSENTIAL FUNCTIONS: Coordinates and facilitates construction projects internally with transportation, environmental, surveyor, right-of-way, maintenance, and accounting; coordinates externally, or through internal staff, with the County Planning Department, permit and government agencies/departments, contractors, consultants and the public. Also coordinates with public and private franchise utilities to eliminate conflicts and arrange work schedules. Coordinates and leads preconstruction conferences with Contractors or Operations Division for County Road Projects and County Work Force projects. Coordinates design and construction schedules, working with Engineering & Construction Manager to assure all construction milestones and grant requirements are met. https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=l539490&headerfooter=0 1/5 9/20/23, 10:47 AM County of Mason(WA)-Class Specification Bulletin Interprets plans and specifications and addresses or assists in addressing questions from contractors during bidding and construction. Oversees the inspection of all construction projects, including those undertaken by outside contractors, to ensure compliance with plan specifications and codes, regulations and standards. Meets with contractors regularly to ensure conformance to predefined construction standards. Serves as the first line of assistance for inspectors in the field. Ensures that materials acceptance and testing is performed as required. Coordinates county road and bridge construction projects with railroads, public utilities and other public agencies to ensure conformity to standards and specifications. Negotiates and oversees change orders, maintains accurate project records and prepares monthly pay estimates. Oversees a variety of administrative activities including updating and revising construction manuals and publications, maintaining construction records and documents, and assisting with the preparation of applications for federal funding of road and bridge construction projects. Coordinates and represents the Engineering & Construction Section at public meetings, utility council meetings and other such gatherings to provide input and receive information regarding construction projects and activities. Responds to requests for technical assistance and information from the public and other agencies. Responds to and resolves inquiries, complaints, problems or emergencies affecting the availability or quality of services. Attends and participates in professional group meetings, keeps abreast of new trends and innovations in the engineering field. Provides technical support to the road maintenance section of Public Works. Performs a variety of office, field support, and related duties, as required. Performs research associated with various engineering construction projects as required; proposes solutions to technical engineering problems and makes recommendations. Provides response for County-wide emergencies in any capacity needed. Duties may include, but are not limited to, staffing the County's Emergency Operations Center, inspecting damaged facilities, preparation of estimates for repairs and other necessary documentation for project funding, coordination with consultants, preparation of emergency PS&E, and inspection of emergency repairs. May be required to attend bridge inspection training and prepare bridge inspection reports. May perform or oversee bridge inspections, enter data into bridgeworks, and assures all reporting is done on time. May conduct bridge inspections for annual program documenting the condition of the structures, compiling reports, and recommending improvements to address found defects. Contract administration duties such as reviewing and make recommendations on the approval of contractor submittals, preparation of contract change orders, and similar work. Assists with creating and updating ACAD/Civil 3d or current drafting software standards so created PS&E packages are constructible. Performs constructability reviews and sets up 30, 60, and 90% reviews. Assists Engineering and Construction manager with QA/QC at each review point and throughout design to assure constructability. Shows initiative in performing job functions— has the ability to accurately estimate the time for completion of tasks and meets self-imposed and outside funding agency deadlines, requests timely guidance when needed, regularly seeks opportunities to take on additional tasks and responsibilities and seeks opportunities for training as it becomes available or is needed. Performs a variety of office and field support duties as required. Prepares correspondence and documentation packages for outside agencies (i.e. CRAB, Highways and Local Programs, etc.) as needed for project funding. Performs peer review and verification for accuracy of PS&E prepared by coworkers and Consultants. Mentors less experienced design and construction staff. Acts as Mason County owner's representative when working with Consultants and/or Contractors. Provides oversight and review of construction inspection. Prepares project construction files for review by outside funding agencies. Completes reporting as required by outside funding agencies. Prepares or oversees the preparation of bridge inspection reports and maintains Bridge Inventory and/or become a Bridge Inspection Team Leader. Independently reviews or oversees the review of plans and calculations submitted for https://agency.governmentjobs.com/masoncountywa/defauIt.cfm?action=specbuIletin&ClassSpeclD=1539490&headerfooter=0 2/5 9/20/23, 10:47 AM County of Mason(WA)-Class Specification Bulletin compliance with standards and code. Prepares or reviews proposed code revisions for transportation. Ensures all public record requests are completed for the department(s) assigned. Regular, reliable, and punctual attendance. DESIGN Prepares construction plans for road, bridge and stormwater projects as assigned. Drafts plans and plan details using engineering design software or by hand. Prepares estimates, request for proposals, and performs quantity calculations. May assist in the preparation of environmental permits and construction specifications. Develops computer aided design (CAD) topographic base maps from field survey information as well as engineering construction drawings for various capital transportation and stormwater projects. Assists in the preparation of construction specifications for projects. Provide design information & exhibits necessary for environmental documentation, permitting and ROW acquisition. CONSTRUCTION Observes construction activities and enforces adherence to engineering drawings, contract specifications and provisions, materials acceptance and testing, and workmanship for public and private projects. Maintains accurate and detailed construction records such as: daily reports, field notes, as- built drawings, etc. Records may be used in the preparation of pay estimates, change orders, and construction documentation files for review. MINIMUM QUALIFICATIONS: • AA degree in civil engineering, surveying or related field, or • Equivalent related field or office experience in civil engineering, contract administration, inspection or similar work. LICENSES, CERTIFICATIONS, AND OTHER REQUIREMENTS • A valid Washington State Driver's license. • First Aid/CPR/AED certification • Flagger training (may be received within first six months of employment) • Certified Erosion and Sediment Control (may be received within first six months of employment) • Washington State Bridge Inspection Number preferred. WORKING CONDITIONS: Works generally indoors in a clean, climate-controlled workspace. Some outdoor work is required, sometimes during inclement weather and occasionally during the night. Outdoor work may require traversing rough terrain as well as exposure to heavy construction equipment, loud noise, dust and debris. Required to sit, talk and hear; frequently required to use hands to feel or handle writing utensils, computers and office supplies that require repetitive arm, wrist and hand movement. Occasionally required to stand and reach with arms and hands, climb, balance, stoop, kneel, crouch, bend or crawl. Specific vision abilities https://agency.governmentjobs.com/masoncountywa/defauIt.cfm?action=specbulletin&ClassSpeclD=1539490&headerfooter=0 3/5 9/20/23, 10:47 AM County of Mason(WA)-Class Specification Bulletin include close, distant, color and peripheral vision, depth perception and to adjust focus. Employee may occasionally be required to lift or move up to 40 pounds. PREFERRED QUALIFICATIONS: Knowledge of.- • Working knowledge of drafting and design tasks. • Computer knowledge for email, word processing, spreadsheet, scheduling, internet research, graphics, database management, and use of printers/plotters and digital cameras in support of work responsibilities. • Engineering principles, practices and methods; • Basic math,Algebra, Geometry, Trigonometry and various engineering formulas and construction methods; • County, State and Federal regulations and codes pertaining to public works engineering and construction, including but not limited to: WSDOT Standard Specifications, Local Agency Guidelines (LAG),AASHTO Design Standards, Stormwater Management Manual and County code; • Survey and mapping principles and practices Ability to: • Read and interpret plans and specifications prepared to any Engineering and Architectural Standard. • Inspect and evaluate the condition of public works structures. • Communicate clearly and concisely, orally and in writing in English. • Work and communicate effectively and courteously with other employees, the public, outside agencies, Consultants and Contractors. Also, employ tact and courtesy when interacting with the aforementioned, occasionally in difficult/tense situations. The employee may be required to deal with disgruntled individuals requiring use of conflict management skills. • Maintain confidentiality within the department or work group, as necessary. • Perform work under pressure for deadlines and is required to maintain professional composure at all times. • Set work priorities, manage and guide the work of project staff(Engineers, Technicians, Interns, and Consultants) and Contractors, and to mentor less experienced coworkers. • Maintain current skills and additional training to ensure required licenses, certifications and other requirements are current and valid. DESIGN • Engineering plans, specifications, CADD procedures and drafting standards; • Design references, including but not limited to: WSDOT Design Manual, Standard Plans, Plans Preparation Manual, Highway Runoff Manual,AASHTO, MUTCD, etc. CONSTRUCTION • Principles of construction inspection, including understanding and application of specifications outlining the obligations of the Contractor and the Contracting Agency, as well as the ability to enforce the provisions of the contract. • Principles and practices of road construction, including earthwork, roadway, bridge, utility, and drainage. Understanding of testing requirements, ability to perform testing if required, and working knowledge of test results allowing for acceptance/rejection of materials. • Construction references, including but not limited to: WSDOT Construction Manual, MUTCD, etc. CLASS SPECS: https://agency.governmentjobs.com/masoncountywa/defauIt.cfm?action=specbulletin&ClassSpeclD=1539490&headerfooter=0 4/5 9/20/23, 10:47 AM County of Mason(WA)-Class Specification Bulletin Department: Public Works Reports to: Engineering & Construction Manager Supervises/Directs: May supervise Engineer I, Engineering Techs, Interns, Consultants and Contractors EST. 2020 COUNTY PROVIDED REQUIRED TRAINING FOR THIS POSITION Sexual Harassment& Discrimination Blood Borne Pathogens Smart Risk Management Slip, Trip and Fall Safe Lifting Practices FEMA IS-907-Active Shooter FMLA REGULAR MONITORED DRIVER: YES DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=l539490&headerfooter=0 5/5 Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status ❑ New 0 Renewal Professional Certification ❑ Non-Union 0 Union Union Teamsters - General Services Employee Name Scott Ruedy First Last Employee Email Department sruedy@masoncountywa.gov Community Development Employee Current Job Title Senior Planner License/Certification Name License/Certification Website AICP (American Institute of Certified Planners https://www.planning.org/aicp/ Description of benefit to the County "AICP" is shorthand for education, experience, breadth of knowledge, ethical practice, and commitment to the planning profession. AICP planners average 14-18 years of experience in the field. Hiring a certified planner also demonstrates your commitment to the highest standard of ethical practice. Attach supporting documentation for the certification/license AICP-SR.jpg Supervisor Name Supervisor Email Kell Rowen krowen@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature 9/20/23, 11:05 AM file(3024x4032) The American Institute of Certified Planners The Professional Institute of the American Planning Association hereby qualifies Scott Ruedy as a member with all the benefits of a Certified Planner and responsibility to the AICP Code of Ethics and Professional Conduct. Certified Planner Number:019846 January 24, 2005 pa"4—, PRESIDENT EXECLITIVE DIRECTOR https://www.cognitoforms.com/forms/public/file?id=F-oIkxcRgLjYiZ8xxC$uc73!&ct=image%2Fjpeg&at=0 1/1 9/20/23, 10:59 AM County of Mason(WA)-Class Specification Bulletin t1+��p1�1 CO PLANNER SENIOR Class Code: 2083 IS54 COUNTY OF MASON (WA) Established Date: Jan 1, 2004 Revision Date: Jun 14, 2021 SALARY RANGE $34.43 - $38.96 Hourly $275.48 - $311.68 Daily $1,377.39 - $1,558.39 Weekly $2,984.35 - $3,376.51 Semi-Monthly $5,968.70 - $6,753.02 Monthly $71,624.40 - $81,036.24 Annually DESCRIPTION: Under general supervision of the Planning Manager, planners generally assist the public on permitting, land use, and regulatory issues as well as review and process building and land use permits. Position levels are distinguished in a job series of professional planners performing complex or sensitive job duties with levels of supervision ranging from high to minimal. Incumbents at this level are expected to have expertise in several of the planning fields and duties and to coordinate with, advise and assist other planners. ESSENTIAL FUNCTIONS: • Provide assistance to public on permitting, land use, and regulatory issues. • Research and analyze regulations for development, construction and land use issues. • Review and process building permits and other ministerial and administrative decisions. • Review and/or process special reports prepared as part of the permit process. • Review, process, and prepare or assist in the preparation of staff reports for quasi- judicial permits. • Prepare and present permit information to Hearing Examiner. • Perform site visits and investigate complaints. • Assist, coordinate and/or staff advisory commissions, committees, or boards and presents reports and recommendations to them. • Present information at public hearings and other public forums. • Perform as subject matter expert, advise other planners, and represent department before administrative and judicial bodies. • Create procedures and/or draft ordinances for consideration in areas of expertise. • Assist senior planning staff with complex cases and with planning projects or programs by gathering and analyzing data, assisting in the preparation of reports and other documents, and providing recommendations. https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=l539403&headerfooter=0 1/3 9/20/23, 10:59 AM County of Mason(WA)-Class Specification Bulletin • Maintain accurate and updated information on permit tracking data base systems. MINIMUM QUALIFICATIONS: A bachelor's degree in planning, architecture, environmental or natural science or other closely related field. Five (5) years' experience as a Planner. Knowledge of • Planning principles, codes, regulations and procedures related to the planning process. Ability to • Communicate effectively with the public, co-workers, supervisors, and other professionals. • Ability to use a computers, software packages and mainframe database systems. • Perform duties accurately and timely. • Manage competing duties and occasionally heavy work loads. • Record data accurately and consistently. • Interpret and apply codes and regulations. • Work within established guidelines with limited supervision. • Establish and maintain effective working relationships with other employees in the department and other county departments. • Read and interpret maps and legal descriptions. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State Driver's License or ability to obtain same within three (3) months of hire. SUPPLEMENTAL INFORMATION: DISTINGUISHING FEATURES: Key traits are the ability to administer and ensure compliance with codes, statutes, rules, and regulations; work independently as well as part of a team, establish priorities and organize own workload, maintain effective working relationships with the public, contractors, and other employees, and address complaints and problems courteously. WORKING CONDITIONS: The work is mostly performed in an office environment with field work for site inspections required at times, which can be over difficult terrain. Employees in this classification are required to sit, stand and walk while performing office duties. Physical exertion is required for occasionally lifting 40 pounds. Individuals may be required to stand long periods at a time while assisting customers. https://agency.governmentjobs.com/masoncountywa/defauIt.cfm?action=specbulletin&ClassSpeclD=1539403&headerfooter=0 2/3 9/20/23, 10:59 AM County of Mason(WA)-Class Specification Bulletin PREFERRED QUALIFICATIONS: A Master's degree in planning or closely related field preferred AICP certification preferred CLASS SPECS: Department: Community Services-Community Development Reports to: Director of Community Development Supervises/Directs: None Est. 1.2004/Rev 1-1.7.2016/Rev 2-8.26.2020/Rev 3-6.14.2021(format) REQUIRED TRAINING PROVIDED BY THE COUNTY: Sexual Harassment& Discrimination Smart Risk Management Slip, Trip and Fall Safe Lifting Practices FEMA IS-907 https://agency.governmentjobs.com/masoncountywa/defauIt.cfm?action=specbulletin&ClassSpeclD=1539403&headerfooter=0 3/3 Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status Q New ❑ Renewal Certification Q Non-Union ❑ Union Employee Name Shane Schoeneberg First Last Employee Email Department sschoeneberg@masoncountywa.gov Sheriff's Office Employee Current Job Title Corrections Lieutenant License/Certification Name License/Certification Website Middle Management Description of benefit to the County Learn different tasks associated with middle management positions including leadership, budget, discipline, union contracts, etc. Attach supporting documentation for the certification/license Middle Management Certification.pdf Supervisor Name Supervisor Email Kevin Hanson khanson@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature ........ .......I IF Eratntng Commtwgtolt Proudly certifies that Z!5hanc N ., nchoeneberg If Has satisfied all appllcable requirements of training and professional experience, IF pursuant LO WAC 139-25-i 10 and hereby awards this R "I if t le rf Cat r_Ment ert fd rb-b t t ton 1. If N T1 August 31, 2020 p Susan L Rahr Executive Director IN 1:0 1- x. IF I I I Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status Q New ❑ Renewal Certification Q Non-Union ❑ Union Employee Name Shane Schoeneberg First Last Employee Email Department sschoeneberg@masoncountywa.gov Sheriff's Office Employee Current Job Title Corrections Lieutenant License/Certification Name License/Certification Website Gold Standard Officer Leadership Development Description of benefit to the County Learn different leadership strategies and how to apply them in the workplace. Attach supporting documentation for the certification/license GOLD Certificate.pdf Supervisor Name Supervisor Email Kevin Hanson khanson@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature �.. �G j�+."�> �T- w "'t� r"r "� r'." -=�-ESr-,,� •F•`"�''•-?'{,d.'a.'v. �n-a-}.-%.-.���--1-,,,'+� -✓ �-��.- .�' '-- p k y-, „.r�1'ttR .; ✓ .Ji`'h"'rn�-:.r>`-ti�h �` `I.-*" �� '.+F"g9•,j^? `'hc.s�l.dS 'N �f -`._ 'T LfxJ+� }�J ✓'u y'`,6pr'^t X >'L�tl•�'wmt^ T. 5 �. �7�.'° h" � 'ti,.l �y'S ., 'V^ �, �as^'sw �. � �- ,�y n , �,�..� �rad ? -, �i� xz, .. .t�l+ y'�Ti�.�x. '��'�` �.•K•- � . .,*' a,r x� x r' +- `j .f ' � ft J J -7oId-Standard Officer eadershi� .� ii sw eve➢opment, a giU`,r, TiM IL`wAC'h ove n ev¢0 L ��] �� AL 5 n � ,: �` � q(PECTATIONS&STANDARDS I ��`"r� IX CERTIFICATE OF TRAINING VALUES ETHICS -, THIS IS TO CERTIFY THATr' F =3z SHAME SC-9LOEWBERG �.� xa• L�rr , ' HAS SUCCESSFULLY COMPLETED �� $,. rz rn _ s Training (80 hours) ' "Gold Standard Officer Leadership Development" r Instructed by Chief Ryan Spurling, Chief Russ Osterhout, and Lt.Travis Adams .., March 24, 2017 . i 4 ` Ch of an S urlin L p g Chief Russ Osterhout t Travis Adams d �L�-'y �..r,-- r �r � .,.x .., .w-...., r ✓ur � tiv. �,- - R` ,M1.:; �Wt{,�...'•� '-yy.� "t e. ti��I y,.pY,l-Sa T 7 ,wv 1„p i::. .' %.,a � t "'tY�' �.A�"ti .�5`h�� a"C ,-•l'�i`..�j5''ss�y'4,:":i �� r-���5r�. .ate S „�.Ri3"-"w� �-"f�^� :rs�. 'A� 'g{- '�? ''��m'". � P `p'im—+sr 2 /�' ,�+�^-=-^„ w,�+ •+J�. ." ' ��:.�• �_��r r+--^' -0�"'�i,�aT.t'_ '�'•^w'ft'd' y�.-+°�'J' ,,a�T��,�.,�,.�� ..•.i•''. �`'�..*-�'+i.2��--C' � ,.�i� ',P,t:-�. �n-vi.� j .r+=.. Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status Q New ❑ Renewal Certification Q Non-Union ❑ Union Employee Name Shane Schoeneberg First Last Employee Email Department sschoeneberg@masoncountywa.gov Sheriff's Office Employee Current Job Title Corrections Lieutenant License/Certification Name License/Certification Website Field Training Officer Description of benefit to the County Certified to train newly hired corrections staff, as well as oversee the training program. Learn different methods of teaching and evaluation tools. Attach supporting documentation for the certification/license FTO Transcript.pdf Supervisor Name Supervisor Email Kevin Hanson khanson@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature Ntudelit ,SesSz011 '1'l-altserlpt Fiepw/,,rt In :t,(ulkal ReadG:css Sulle e9/61/2023 WA State Criminal Justiee'I'mining Conu)iission For: Schoeneberg,ShIlle N, ioN Session: Fidd Tral111ng Officer--0681-1 Field Training Cl g Olaeee Acadeuty(401trs}(18) 1 Studmd 11): 1001.0605 Scheeneberg, Shane N. Session Fictd Trnining,Officer-068 t-1 Ficld lrodniug Offiecr Da(c(s) .11/02/2015 - 11/06/2015 Academy(40 hrs)(18) iJanes 401t Om Student Status Graduated- I t/06/2015 Sending Organization Mama County Sheriffs Office Training Category Location Gradcs o/'Overall Test Grar(e Test Dule Grade Pass/Fall _ I No tests are available to display ror(his session. Page I of'I For Offielal Use Only Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status Q New ❑ Renewal Certification Q Non-Union ❑ Union Employee Name Shane Schoeneberg First Last Employee Email Department sschoeneberg@masoncountywa.gov Sheriff's Office Employee Current Job Title Corrections Lieutenant License/Certification Name License/Certification Website Internal Affairs Investigations Description of benefit to the County Training on conducting internal investigations to provide a fair and effective avenue to investigate legitimate complaints. Attach supporting documentation for the certification/license IA certificate.pdf Supervisor Name Supervisor Email Kevin Hanson khanson@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature Ms R- ..........� !z ----------- 111�2!�Vl' Certificate of Completion This is to certify that Shane Schoenebera w- has successfully completed the 12-hour Virtual Course in Internal Affairs Investi(yations hosted by Law Enforcement Seminars LLC L August 24 & 25, 2023 -Izz foe vaec" Law Enforcement Seminars, LLC ®R 9/20/23, 11:07 AM County of Mason(WA)-Class Specification Bulletin �►��oN CO JAIL LIEUTENANT Class Code: 3005 1854 COUNTY OF MASON (WA) Established Date: May 1, 2014 Revision Date: Jun 2, 2022 SALARY RANGE $43.46 - $52.90 Hourly $347.71 - $423.23 Daily $1,738.56 - $2,116.16 Weekly $3,766.88 - $4,585.01 Semi-Monthly $7,533.76 - $9,170.02 Monthly $90,405.12 - $110,040.24 Annually DESCRIPTION: An employee in this class is a midlevel manager in the Mason County Sheriff's Office, reporting to the Chief Deputy of Corrections. The Corrections Lieutenant is responsible for the day to day operations of the facility and manages, guides, and directs the personnel and programs within the corrections division. Hours of work are variable as duties demand. Work is performed in accordance with established policies and procedures of the Sheriff's Office and is supplemented by frequent specific instructions. The employee is subject to hazards of corrections work. ESSENTIAL FUNCTIONS: Be responsible to manage, guide, and direct the programs within the corrections division. Even though the Lieutenant is responsible for the programs within the jail, he/she will delegate some of the duties to sergeants and corporals and some corrections deputies. Lead, supervise, teach, mentor and discipline subordinate employees. Supervise, observe and instruct subordinates in the enforcement of laws, ordinances, rules, and policies related to maintaining custody, security, and control of the inmates and facility in a safe, efficient, and constitutional manner. Review subordinates work for accuracy and compliance with policy, practices, and standards. Perform facility inspections to assure safety, security and control of the facility is maintained. Ensure consistent supervisory practices and compliance with policies throughout the jail. Be the Prison Rape Elimination Act (PREA) coordinator. Be responsible for the training needs within the jail, to include the Field Training program and all training required by policy, State and Federal laws. The Lieutenant will rely on staff with specialized training to assist with the training needs. Manage the staff work schedule, to ensure shifts are adequately staffed, and safety and security are not compromised.Accurately maintain custody staff payroll records and submit https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=1539567&headerfooter=0 1/3 9/20/23, 11:07 AM County of Mason(WA)-Class Specification Bulletin them to the accountant each pay period. The Lieutenant will rely on the shift sergeants and corporals to assist with the daily staffing of each shift. Oversee and coordinate the hearing process related to inmate disciplinary action and reclassification status; assure compliance with due process laws; respond to inmate appeals, and preparation of appropriate written documentation. The Lieutenant will rely on shift sergeants and corporals to assist with the compliance of the jail disciplinary policies. Work closely with the Chief of corrections on budget issues pertaining to jail operations. Compile statistical data from Jail records as requested; analyze data and develop operational strategies and recommendations; prepare operational records and reports. Organize, coordinate, and participate in activities related to maintenance of the jail facility. Ensure all departmental equipment is maintained and in good repair and condition. Maintain current knowledge of Jail (corrections) practices, trends, and legislation; attend meetings, seminars, and conferences as required. Assist the Chief of Corrections in the planning, analyzing, and the organization of jail safety and security measures; assure efficient support services for the jail. Informs the Division Chief of events and unusual occurrences within the division. Promptly reports all violations of division and office policy and procedures. Investigates violations of office and division policy and makes recommendations for disciplinary action. Assist in the development of jail policies and procedures, to include the current PREA and accreditation standards and compliance with current state and federal laws. Perform the duties required of Chief of Corrections, Sergeants, and Correctional Deputies, as necessary. Regularly evaluate supervisory employees for competency and ability to perform job assignments as required. Develop goals and identify training needs for each person evaluated. Maintain proper discipline for subordinates. Provide both constructive and corrective discipline to subordinates when necessary. Foster and maintain partnerships with other entities to achieve mission. Maintains a standard of conduct, which promotes respect and confidence from all department personnel. Maintain and foster a fiduciary relationship with the Sheriff, Command Staff and specifically, the Division Chief. MINIMUM QUALIFICATIONS: Two years of supervisory experience working as a full-time Mason County Corrections Deputy. Applicant must be able to articulate the supervisory experience and how it relates to the duties associated with the Lieutenant position. This includes the probationary period. Eligible candidates must not have any pending disciplinary action against them. WORKING CONDITIONS: Position requires a wide variety of physical activities to varying degrees based on varying work circumstances. Required physical activities include walking, standing, sitting, running, jumping, balancing, climbing, crawling, kneeling, bending, stooping, crouching, reaching, lifting, carrying, dragging, throwing, pushing/pulling both objects and people, handling, digital dexterity, twisting, talking, hearing and seeing.A Corrections Lieutenant must be able to clearly distinguish and identify colors; safely drive a vehicle; meet agency firearm proficiency qualifications; clearly discriminate electronic, mechanical and human sounds and/or operate other required equipment in a safe and lawful manner for the protection/safety of the public, of self and of other employees. https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=1539567&headerfooter=0 2/3 9/20/23, 11:07 AM County of Mason(WA)-Class Specification Bulletin PREFERRED QUALIFICATIONS: Knowledge of current law enforcement principles and practices, problems-solving techniques, of controlling laws and ordinances and the rules and regulations of Mason County. Knowledge of the Sheriff's Office operation procedures, mission, values and priorities. Knowledge of CPR/First Aid principles and skill in their application. Knowledge of principles of supervision, training and leadership. Ability to use sound judgment in deciding courses of action and handle difficult and emergency situations. Ability to properly use and care for assigned equipment. Ability to analyze situations quickly and objectively and determine an appropriate course of action to be taken in an emergency. Ability to lead, train, control and motivate subordinates. Ability to maintain physical conditioning and endurance. Ability to speak and write with clarity and accuracy. Ability to effectively use computer and office related electronic devices. Ability to effectively plan, supervise, schedule, and evaluate the work of subordinates. Ability to foster a work atmosphere where the employees feel trusted, valued, respected, and want to work. Ability to maintain positive, effective working relationships with personnel, other agencies, and the public. CLASS SPECS: Department: Sheriff's Office — Corrections Division Reports to: Jail Chief Supervises/Directs: 1st level supervisors Est. 05.2014/Rev.1-01.03.2019/Rev 2-6.2.2022(format) COUNTY PROVIDED REQUIRED TRAINING FOR THIS POSITION Sexual Harassment& Discrimination Blood Borne Pathogens Smart Risk Management Slip, Trip and Fall Safe Lifting Practices FEMA IS-907-Active Shooter FMLA REGULAR MONITORED DRIVER: YES DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers IL https://agency.governmentjobs.com/masoncountywa/defauIt.cfm?action=specbulletin&ClassSpeclD=1539567&headerfooter=0 3/3 Career Incentive Pay Request Career Incentive Pay requests must be submitted on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Review the Personnel Policy for more information. Is this Certification, Professional Certification, and/or Licensure part of the position description? O Yes O No Type of Request Type of Incentive Union Status Q New ❑ Renewal Licensure Q Non-Union ❑ Union Employee Name Richard Dickinson First Last Employee Email Department rdickinson@masoncountywa.gov Public Works Employee Current Job Title Deputy Director Utilities and Waste Management License/Certification Name License/Certification Website Washington State Group IV WWTPO https://apps.leg.wa.gov/WAC/default.aspx?cite=17 3-230-250 Description of benefit to the County Wastewater operator certification is required by law, WAC 173-230, to ensure proper operation and maintenance of county owned, operated, and permitted Utilities. Current required level for Mason County is a Group III WWTPO. As the Utilities grow they will soon require a Group IV due to complexity of systems and volumes accepted and treated. Attach supporting documentation for the certification/license Career Incentive Pay- Dickinson 20230809.pdf Supervisor Name Supervisor Email Loretta Swanson LoretttaS@masoncountywa.gov First Last I have reviewed the Personnel Policy and understand this is not a guaranteed benefit. Mason County reserves the right to terminate, suspend, restrict, withdraw, amend, or modify the Career Incentive Policy in whole or in part at any time. Employee Signature MASON COUNTY DEPARTMENT of PUBLIC WORKS/UTILITIES &WASTE MANAGEMENT 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: August 9, 2023 TO: Mary Ransier, Human Resources Director FROM: &�-Ioretta Swanson, Director Cc: /////Mark Neary, County Administrator Richard Dickinson, Deputy Director SUBJECT: Career Incentive Pay— Request for Approval Richard Dickinson Please consider including the Wastewater Treatment Plant Operator Group IV License as eligible for the Career Incentive Pay and approve this request for$10,000 incentive pay for Richard Dickinson. I am requesting this be approved for all twelve months in 2023, as well as the same number of months in 2022 as other Public Works personnel received incentive pay (approximately 6 months). Previously approved licensures for the department include the Professional Engineer and Professional Land Surveyor, both of which require passing professional certification and the granting of a state license to practice. The Wastewater Treatment Plant Operator Group IV licensing requirements are comparable to those of the professional engineer and professional land surveyor. Unlike the PE and PLS, continuing education for re-licensing is required. Richard's responsibilities as Deputy Director and Operator in Charge are essential and highly beneficial to the State, County and Department: protecting public health,the environment, and waters of the state. Richard contributes to overall department efficiency, risk reduction, and professionalism. I am proud to endorse this request. Attached, please find a copy of professional licensing documentation from Washington State showing it is active until 12/31/2023. Richard's renewal will be forwarded once complete. ..tom Wastewater Operator Wastewater Operator Certification 0 certification owaxream or Validation Card ECOLOGY DEPARTMENT OF Validation Card ECOLOGY Richard L. Dickinson State of Washington Certification Number 6267 Richard L. Dickinson Group IV Certification Number 6267 Expires 12/31/23 Group IV PG Period: 01/01/22 - 12/31/24 Expiration Date 12/31/23 This validation card must be posted with your wastewater certificate to confirm your certification. Allawable Education Allowable Experlence subatltution Number a Current Requirements Education subrtltutipns Experen ce ndlWduals Ex erien ce Other requirement Unsed l Relevanta Operating Eduod0n ReleraM Expedence In WA UP to 4 years of excea: eperotlng ezperlencc:•1 year 91 NS Diploma or GED and 2 of excess operating experience 4 cars with at east 2years at Up ta,0"Ichart Up to 2 years of relevant WP.TO Group fort he first 45 croditz/C -3 Y Pass the Group 111 Exam 308 year,of rolleg¢(90 credits) years of exact,pperadn3 P Class 2 or Higher pl.M credits/CEUs experience experience for the lart 45 credits/CEUs U".8 years of excess overawe experience:'Iyear of setts operating experience for each 45 credit/CEUs for X9 DiflpmamGED anda a cars with a[I¢art2yars at Uptp 90relenM Up To 8years of rclwaM W`MPO Group years of college(]Bo crcdhs) The flrst90v¢tlIWCEU;'J ya Class 3 or Higher plant credits/CEUs experience Pasithe Group lV Exam 3a3 years ofinen fa Op th45 ezpetl<ncn far each 45 oedit/CEUs for the second 90 credit/aU: Senior standing In an EIT BA in Accredited Engineeringa credited Engineering 4Yeersof experience pass the EIT Exam 21,822 mrriculum OR Curriculum OR (education,work orboth) PE None 3yeers up to 4 years In an ABET- pax the PE exam 26,982 coedited program None 8ye.rc up W 4years In an ABET- pass the State apecfEc land surveyork exam 1,033 accredited program PUS lnffalning BA In A.re Seelur Standing In an 2Y¢.,associate degree man fllMtl 9urveying acnecilted 5uneying program aw"itedsuneyingprogram 4yumcfappr d pa p,thcl.rds.rva,.r4h-T.IrTn,tert 333 pragnm OR OR and2yeanafapprovedwerk vrorkexpedena experience OR CPA BA or higher degree In Pax the CPA Exam Acm.ma, BA In Accredited RM program BA In Avmdltcd non-RM RIMS{RMP and l year RM work program and 3years RM work 6 years of RM Experience Pas the RIMS{RMP Exam exarlenc¢OR expc,[c.OR M.,I Or D.d..l degree In IRA degree In planning from an Graduatedegreelaplanning Anygradurte Or NO college degree/he Ptnning from an..'edited Info vsdltsd program anda fromanonamedimd nd.,.da.. degr AICP Program and 2years accredited proQnm uee Information and 8 Pass the AICP Won professional planning Yparsproferslonal planning and 3 years professional degree and 4 years years a planning experlen.OR experience OR planning patowlence OR experience OR experience Oombinatmn Most Ed/Up reps Richard L Dickinson Professional experience: • 7%:years of Operations and Maintenance experience in a class 4 wastewater facility o Evaluated treatment plant processes o Monitored status of all treatment plant equipment and vehicles o Assisted maintenance staff o Assisted laboratory staff o Documented activities • 3 years of Capital Improvement Projects Management o Facilitated meetings o Monitored progress of projects o Processed submittals o Negotiated and approved Change Orders o Administered Project Budgets • 12+years of Wastewater Facilities Operations/Maintenance Management o Evaluated treatment plant performance and conferred with subordinates on forecasting needs and/or potential process changes o Developed and administered annual budgets o Responsible for regulatory compliance and negotiating permit requirements o Supervision of subordinates o Short and long range planning o Capital planning o Participated in Labor/Management negotiations • 3+years as Deputy Director of Public Works o Responsible for the operation and maintenance of 2 Water utilities and 3 Wastewater facilities and collection systems. o Responsible for the Solid Waste Management of the County o Policy reviews and development o Responsible for developing and managing budgets o Managing and maintaining a diverse workforce o Train,tutor, mentor employees to ensure their success and readiness forjob path progression. General Education: • Graduate of Shelton High School • Studied Mathematics and Economics at SPSCC • Completed numerous Wastewater Treatment Plant Operation courses through UC Sacramento • Attended conferences,seminars,and training sessions over the last 27+years Awards and Achievements: • Implemented a composting process to produce Class A Exceptional Quality Biosolids while reducing processing costs by over 80% • Graduate of the Inaugural"Water Leadership Institute"sponsored by WEF/AW WA • Technical advisor for the second annual"Water Leadership Institute" • Formed an Operations Challenge Team which won "Top New Team"at the PNCWA Conference in 2000,and later went on to receive national recognition at the WEFTEC Conference in 2001 Professional Affiliations: • Member PNCWA,WEF, and NBMA(Member of NBMA Board of Directors 2013-2018) 9/20/23, 11:17 AM County of Mason(WA)-Class Specification Bulletin �'e+goN coU'yN DEPUTY DIRECTOR PW& UW Class CodE 401, 18;4 COUNTY OF MASON (WA) Established Date: May 1, 2012 Revision Date:Aug 1, 2019 SALARY RANGE $46.78- $56.95 Hourly $374.23 -$455.57 Daily $1,871.15 -$2,277.86 Weekly $4,054.15-$4,935.36 Semi-Monthly $8,108.30 -$9,870.72 Monthly $97,299.60 -$118,448.64 Annually DESCRIPTION: Plans, organizes and manages the activities of the Utilities Division of the Mason County Public Works Department, which includes Solid Waste, Water, Wastewater and Stormwater Utility, and is responsible for developing service in new areas and serving as a staff resource to advisory boards and committees. ESSENTIAL FUNCTIONS: Responsible for the day to day division operations to achieve goals within budgeted funds and available personnel. The Deputy Director plans and organizes workloads and staff assignments, reviews progress, determines changes in priorities and schedules as needed to assure services are provided in an efficient and timely manner. Responsible for establishing policies, procedures, work rules, and performance standards to assure the efficient and effective operation of the Utilities division in compliance with County standards, Department of Ecology, Department of Health, and any other federal, state, and local laws or agencies. Investigates and resolves personnel issues, including administration of disciplinary action, when appropriate. Oversees the preparation of the Utilities budgets, rate studies, and related financial analysis documents. Reviews and recommends adjustments to various rates, charges, and assessments, which are the primary funding sources for Utilities division activities. Provides planning leadership and makes recommendations to the Public Works Director regarding short and long range plans for utility operations. Coordinates divisional activities in conjunction with other Public Works divisions, and also with other County departments and outside governmental agencies. Maintains interagency cooperation with all regulatory agencies and commissions. Investigates grant funding sources and pursues grant funding from federal and state agencies. Develops and approves preliminary work programs for grant applications. Negotiates contract commitments on all grant applications with federal and state agencies. Responsible for reviewing permits, construction plans and specifications. Supervises new construction, rehabilitation and maintenance of water, wastewater, and stormwater systems and solid waste facilities. Provides representation on various committees and before special interest groups; makes presentations and provides technical advice and assistance regarding utilities and landfill activities to the Public Works Director, Commissioners, civic groups, and the general public. https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=1539464&headerfooter=0 1/4 9/20/23, 11:17 AM County of Mason(WA)-Class Specification Bulletin Analyzes and recommends improvements to existing facilities, equipment and operating systems of the division. Develops and maintains systems and records that provide for proper evaluation, control and documentation of assigned operations. Directs the resolution of inquiries, complaints, problems or emergencies affecting the availability or quality of services. Responds to the most sensitive or complex inquiries of service complaints MINIMUM QUALIFICATIONS: Communicates effectively both verbally and in writing. Deals tactfully and courteously with the public, coworkers, and other County employees, occasionally in difficult customer service situations. Is knowledgeable about sound engineering principles, engineering related laws and ordinances, County processes and operations, budgeting, funding sources, and contract administration. Operates computer applications including word processing and spreadsheets. Is able to analyze complex issues and impacts, provides clear direction, and adopts an effective course of action or presents alternative solutions. Physical ability to perform the essential functions of the job. Exercises sound, ethical judgment in the decision making process. Delegates authority appropriately and monitors production/progress with effective control techniques. Knowledge of.• • Management and supervision principles and practices. • Legal requirements, regulations, and laws applicable to area of assignment. • Fiscal management, including budget preparation, expenditure control and record keeping. • Techniques and practices of civil or sanitary engineering utilized in the construction, operation and maintenance of water, wastewater and storm water systems and solid waste facilities. • Principles and practices of contract and grant administration. • County Government process, procedures and practices. Ability to: • Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluating the work of others. • Develop departmental goals and objectives and conduct planning activities. • Analyze and evaluate operations, develop and implement corrective actions. • Establish and maintain effective working relationships with employees, County Commissioners, other agencies and the general public. • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations. • Develop and implement programs and services in area of assignment. • Physical ability to perform the essential functions of the job. https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=1539464&headerfooter=0 2/4 9/20/23, 11:17 AM County of Mason(WA)-Class Specification Bulletin EDUCATION AND EXPERIENCE: • A Bachelor's of Science in Civil Engineering, Environmental Sciences or a closely related field. • Ten years of progressively responsible engineering and management related experience; a minimum of five (5)years senior level engineering, management and supervisory experience. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Registration as a Professional Engineer in the State of Washington, or Valid Washington State Wastewater Treatment Plant Operator Certification—Group III or higher. Valid Washington State drivers' license. Valid First Aid/CPR card or ability to acquire within one year. WORKING CONDITIONS: Generally, works indoors in a clean, climate-controlled workspace; occasionally work outdoors, sometimes during inclement weather. Requires attendance at night meetings and field work that require walking on uneven, rocky, or rough ground, and may involve exposure to heavy construction equipment, loud noises, traffic, dust and debris. Required to sit, talk, and hear; frequently required to use hands to: finger, feel or handle writing utensils, computers and office supplies which require repetitive arm, wrist and hand movement. Occasionally required to stand and reach with arms and hands, climb, balance, stoop, kneel, crouch, bend or crawl. Specific vision abilities include close, distant, color, and peripheral vision, depth perception and to adjust focus. The employee is occasionally required to lift or move up to 25 pounds. Position requires mental acuity to ensure thorough mental analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the department. The employee may be required to deal with irate, disgruntled and sometimes hostile individuals requiring the use of conflict management skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience and courtesy at all times. At times, will receive automated alarm notifications and may be required to respond to emergency alarm conditions and coordinate the solution after hours, on weekends and on holidays. CLASS SPECS: Department: Public Works/ U&W Management Division Reports to: Public Works Director Supervises: Utilities &Waste Division COUNTY PROVIDED REQUIRED TRAINING FOR THIS POSITION Sexual Harassment& Discrimination Blood Borne Pathogens Smart Risk Management Slip, Trip and Fall Safe Lifting Practices FEMA IS-907-Active Shooter FMLA REGULAR MONITORED DRIVER: YES DEFENSIVE DRIVING-ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=1539464&headerfooter=0 3/4 9/20/23, 11:17 AM County of Mason(WA)-Class Specification Bulletin Est. Undetermined/Rev 1-6.22.2016/Rev .2-8.1.2019 https://agency.governmentjobs.com/masoncountywa/default.cfm?action=specbulletin&ClassSpeclD=1539464&headerfooter=0 4/4 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: 0 Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 9/25/2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Mason County Monthly Financial Report for August 2023 Background/Executive Summary: Review of Cash Balances, and Budget to Actual Revenues and Expenditures for all County Funds through August 2023. Budget Impact(amount, funding source,budget amendment): Budget to Actual Comparison of 2022 &2023 Public Outreach (news release,community meeting, etc.): N/A Requested Action: N/A Attachments Mason County Monthly Financial Report for August 2023 #18.511 AUGEUST MASON COUNTY MONTHLY FINANCIAL REPORT 2023 J:\Financials\2023 Financials\2023 August Financial Report 1 SPOON Cot,N�� AU MASON COUNTY MONTHLY FINANCIAL GUST 1854 REPORT 2023 2022 vs 2023 Current Expense Revenue Comparison Revenue Revenue Department Name 2022 Budget collected Uncollected %2022 2023 Budget Collected Uncollected %2023 Actual dif 2022 Through End Revenue Through End Revenue vs 2023 of Month of Month WSU Extension 40,600 25,977 (14,623) 64% 20,000 23,997 3,997 120% (1,980) Assessor 9,000 6,090 (2,911) 68% 7,000 17,314 10,314 247% 11,225 Auditor 1,142,750 824,903 (317,847) 72% 1,172,200 735,104 (437,096) 63% (89,799) Emergency Management 75,912 16,967 (58,945) 22% 139,347 110,727 (28,621) 79% 93,760 Facilities&Grounds - 1,823 1,823 0% - 1,256 1,256 0% (567) Human Resources - - - 0% - 132 132 0% 132 Clerk 378,377 208,478 (169,899) 55% 478,377 257,866 (220,511) 54% 49,388 Commissioners - - - 0% - 0% - Support Services 92,078 98 (91,980) 0% 86,522 - (86,522) 0% (98) District Court 1,080,400 557,869 (522,531) 52% 855,300 588,835 (266,465) 69% 30,966 Community Development 2,434,000 1,693,611 (740,389) 70% 2,666,374 1,752,628 (913,746) 66% 59,018 Historical Preservation 24,000 13,359 (10,641) 56% 20,000 8,984 (11,016) 45% (4,375) Parks&Trails 44,000 16,670 (27,330) 38% 53,235 46,950 (6,285) 88% 30,280 Juvenile Court Services 1,255,805 992,374 (263,431) 79% 1,366,600 1,024,795 (341,805) 75% 32,421 Prosecutor 239,471 103,346 (136,125) 43% 216,249 103,007 (113,242) 48% (339) Child Support Enforcement 159,679 106,286 (53,393) 67% 171,310 70,830 (100,480) 41% (35,456) Coroner 35,000 48,680 13,680 139% 35,000 63,426 28,426 181% 14,746 Sheriff 953,505 712,222 (241,283) 75% 1,167,789 573,126 (594,663) 49% (139,096) Indigent Defense 245,267 176,124 (69,143) 72% 240,767 139,861 (100,906) 58% (36,263) Superior Court 69,650 52,048 (17,602) 75% 195,846 120,502 (75,344) 62% 68,454 Family Court 2,500 2,008 (492) 80% 2,500 1,648 (852) 66% (360) Therapeutic Court 811,347 238,707 (572,640) 29% 776,228 282,211 (494,017) 36% 43,504 Murder Expenditures - - - 0% - 0% - Treasurer 26,983,596 20,364,906 (6,618,690) 75% 28,417,341 20,001,580 (8,415,761) 70% (363,327) Non Departmental 4,619,977 3,234,571 (1,385,406) 70% 4,729,045 4,264,201 (464,844) 90% 1,029,630 Motor Pool 72,000 - (72,000) 0% - 0% - Totals $ 40,768,914 $ 29,397,117 $ (11,371,797) 72% $ 42,817,030 $ 30,188,979 $ (12,628,051) 71% 791,863 Unaudited *Benchmark for Month is 66.6% J:\Financials\2023 Financials\2023 August Financial Report 2 -� MASON COUNTY MONTHLY FINANCIAL U( USST REPORT 2023 Treasurer Department Receipts Treasurer#001-260-000 2022 Budget 2022 YTD This Month %2022 2023 Budget 2023 YTD This Month %2023 REAL&PERSONAL PROPERTY TAXES 11,331,824 6,728,969 62,805 59% 10,389,391 6,169,117 67,348 59% SALES TAX TITLE PROPERTY - - 0 0% - - 0 0% LOCAL RETAIL SALES&USE TAX 7,200,000 5,902,622 868,091 82% 8,400,000 6,152,362 931,329 73% LOCAL PUBLIC SAFETY-CITY 50,000 33,534 4,545 67% 50,000 35,545 4,992 71% CRIMINAL JUSTICE 800,000 671,932 97,003 84% 900,000 703,832 104,787 78% LEASEHOLD EXCISE TAX 30,000 27,639 6,720 92% 35,000 21,986 6,607 63% FOREST EXCISE TAX 100,000 298,707 110,847 299% 200,000 381,792 138,770 191% FRANCHISE FEES 500,000 302,382 0 60% 500,000 309,894 73,680 62% PAYMENT IN LIEU OF TAX/B OF L 340,000 354,065 0 104% 350,000 350,317 0 100% PUD PRIVILEGE TAX 750,000 797,422 0 106% 800,000 875,638 0 109% DNR OTHER TRUST 2 100 119 0 119% 100 368 0 368% LE&CJ LEG 1 TIME COSTS - - 0 0% - - 0 0% CITY-COUNTY ASSISTANCE 1,750,000 2,460,999 0 141% 2,500,000 819,342 0 33% DNR PILT NAP/NRCA 4,000 - 0 0% 4,000 - 0 0% CRIMINAL JUSTICE-COUNTIES 775,000 575,534 0 74% 775,000 574,740 0 74% ADULT COURT COST-JUVENILE OFFE 5,000 2,993 353 60% 5,000 2,799 341 56% CRIMINAL JST-MARIJUANA ENFORCE 85,000 62,000 0 73% 125,000 66,277 0 53% DUI-OTHER CRIMINAL JUSTICE A 17,000 8,383 0 49% 17,000 3,436 0 20% LIQUOR/BEER EXCISE TAX 165,000 123,110 0 75% 165,000 127,962 0 78% LIQUOR CONTROL BOARD PROFITS 200,000 99,383 0 50% 200,000 99,481 0 50% IN LIEU OF-CITY OF TACOMA 210,000 144,508 18,064 69% 210,000 171,734 18,967 82% TREASURER'S FEES 30 - 0 0% 30 - 0 0% TREASURER FEES CLEAN WATER DIS 0 0% - 1,846 0 0% PAYMNT FOR SRVCS-MASON LK DIST 360 378 0 105% 375 397 0 106% PAYMNT FOR SRVCS-SPENCER LK FND 100 152 0 152% 150 160 0 107% PAYMNT FOR SRVCS-ISLAND LK FND 100 100 0 100% 100 - 0 0% CHARGES FOR SRVCS-MACECOM 1,375 1,514 0 110% 1,500 1,632 0 109% RETURNED REMITTANCE(NSF)FEES 2,500 1,680 120 67% 2,500 2,120 160 85% REET COLLECTION FEES 125,000 119,180 17,928 95% 170,000 93,073 14,891 55% REET COLLECTIONS COSTS 10,000 5,717 605 57% 10,000 5,162 655 52% TREAS.FIRE PROTECTION ASSESSM 15,000 10,060 109 67% 15,000 10,065 134 67% 3 Treasurer Department Receipts Treasurer#001-260-000 2022 Budget 2022 YTD This Month %2022 2023 Budget 2023 YTD This Month %2023 TREAS OTHER WORD PROCESSING 200 150 3 75% 200 29 0 14% PUBLIC DISCLOSURE CHGS SRVCS - - 0 0% - 100 0 0% DATA PROCESSING SERVICES - 0 0% 3 0 0% GAMBLING TAX PENALTY - 500 100 0% - 554 154 0% REAL&PERSONAL PENALTY 150,000 155,600 5,025 104% 150,000 81,891 5,522 55% PERSONAL PROP FILING PEN 20,000 14,685 1,259 73% 30,000 26,937 450 90% PENALTY ON REAL&PERSONAL PRO - - 0 0% - - 0 0% FAILURE TO LIST PERSONAL PROP - - 0 0% - - 0 0% INTEREST&OTHER EARNINGS 250,000 226,385 66,240 91% 250,000 1,561,213 202,014 624% INVESTMENT SERVICE FEES(TREAS. 6,000 8,209 2,036 137% 10,000 24,345 3,099 243% INT.ON CONT.NOTES-ACCTS.HELD,S 8,500 7,912 1,531 93% 10,000 41,056 5,005 411% LEASEHOLD EXCISE TAX INTEREST - 3 0 0% - 12 1 0% EXCISE INTEREST 50 86 23 172% 100 53 22 53% INV PURCHASED INT - (911) (429) 0% - (7,542) (2,017) 0% INTEREST ON DELINQUENT PR TAX 600,000 344,766 19,139 57% 600,000 339,992 28,181 57% RENTS/LEASES-DNR TRUST 10,000 18,104 0 181% 20,000 12,817 2,202 64% RENTS/LEASES-DNR TMBR TRUST 1 250,000 170,423 6,588 68% 250,000 137,313 63,929 55% UNCLAIMED MONEY/PROCEEDS-SALES 100,877 102,188 0 101% 100,000 91,770 0 92% TREASURER TAX FORECLOSURE TRUST - - 0 0% - - 0 0% CASH ADJUSTMENTS/OVER-UNDER 10 (274) (14) -2744% 10 (1,228) (17) -12285% TAX DISTRIBUTION ROUNDING 10 (44) (3) -439% 10 (62) (2) -621% MISCELLANEOUS-OTHER REVENUE 100 234 0 234% 100 113 0 113% ROAD DIVERSION 1,080,000 639,549 6,131 59% 1,080,000 648,016 7,252 60% SALE OF TAX TITLE PROPERTY - (87) 0 0% - - 0 0% LEASEHOLD EXCISE TAX 2,000 1,482 682 74% 1,600 2,349 640 147% TIMBER EXCISE TAX 10,000 5,825 11,533 58% 10,000 43,520 15,818 435% DNR PILT NAP/NRCA 900 - 0 0% 1,275 - 0 0% DNR OTHER TRUST 2 50 899 0 1798% 50 42 0 84% OTHER INT-DNR INTEREST 10 (413) 0 -4126% 50 101 12 202% RENTS&LEASES/DNR OTHR TRST 1 2,500 (904) 0 -36% 3,800 1,433 251 38% RENTS&LEASES-DNR TMBRTRST 1 25,000 (62,543) 687 -250% 75,000 15,676 7,298 21% Grand Total $26,983,596 $20,364,906 1,307,722 75% $28,417,341 $20,001,578 $1,702,474 70% Unaudited *Benchmark for Month is 66.6% 4 d a�v co�Y} AUGUST MASON COUNTY MONTHLY FINANCIAL REPORT 2023 2022 vs 2023 Current Expense Expenditure Comparison Expenditures Expenditures Unexpended 2022 Budget through End of Unex ended %2022 2023 Budget through End of Budget %2023 Actual dif 2022 Department Name g g p g g g vs 2023 Month Budget Authority Month Authority WSU Extension 347,244 188,157 159,087 54% 386,072 225,550 160,522 58% 37,393 Assessor 1,453,707 958,081 495,626 66% 1,475,815 986,312 489,503 67% 28,231 Auditor 1,887,225 1,178,859 708,366 62% 1,964,162 1,185,126 779,036 1 60% 6,267 Emergency Management 353,422 221,890 131,533 63% 540,330 343,763 196,567 64% 121,873 Facilities&Grounds 1,440,148 886,056 554,092 62% 1,545,159 953,608 591,551 62% 67,552 HR/Risk Mngt 679,310 332,602 346,708 49% 926,434 518,128 408,306 56% 185,526 LEOFF 100,000 51,643 48,357 52% 100,000 66,419 33,581 66% 14,776 Clerk 1,128,716 736,322 392,394 65% 1,208,905 818,057 390,848 68% 81,735 Commissioners 357,704 237,164 120,540 66% 390,615 252,284 138,331 65% 15,119 Support Services 1,005,923 656,737 349,186 65% 1,064,379 671,453 392,926 63% 14,717 District Court 1,458,412 871,459 586,953 60% 1,526,343 917,078 609,265 60% 45,619 Community Development 2,976,073 1,824,576 1,151,497 61% 3,256,041 1,960,019 1,296,022 60% 135,443 Historical Preservation 24,000 6,539 17,461 27% 41,150 12,262 28,888 30% 5,723 Parks&Trails 795,136 465,893 329,243 59% 814,815 505,128 309,687 62% 39,235 Juvenile Court Services 2,022,773 1,168,311 854,462 58% 2,155,933 1,223,244 932,689 57% 54,934 Prosecutor 2,080,150 1,110,048 970,102 53% 2,188,840 1,214,167 974,673 55% 104,119 Child Support Enforcement 161,447 73,106 88,341 45% 174,363 68,040 106,323 39% (5,066) Coroner 347,914 218,654 129,260 63% 640,942 399,600 241,342 62% 180,946 Sheriff 15,047,209 9,470,172 5,577,037 63% 16,183,144 9,913,708 6,269,436 61% 443,536 Courthouse Security 303,755 173,663 130,092 57% 309,300 178,443 130,857 58% 4,779 Indigent Defense 1,271,847 803,919 467,928 63% 1,538,125 1,021,388 516,737 66% 217,469 Superior Court 1,132,810 710,255 422,555 63% 1,530,861 973,057 1 557,804 64% 262,802 Family Court 2,500 - 2,500 0% 2,500 - 2,500 0% 0 Therapeutic Court 816,662 325,480 491,182 40% 787,786 339,369 448,417 43% 13,889 Murder Expenditures 50,000 5,306 44,694 11% - - - 0% (5,306) Treasurer 878,239 550,098 328,141 63% 913,511 586,214 327,297 64% 36,116 Non Departmental 5,316,129 2,851,395 2,464,734 54% 5,884,219 2,983,449 2,900,770 51% 132,054 Motor Pool 50,829 20,533 30,296 40% - - 0% (2Q533) Transfers Out to Other Funds 466,282 78,717 387,565 17% 464,021 81,970 382,051 18% 3,254 Totals $ 43,955,566 $ 26,175,635 $ 17,779,931 60% $ 48,013,765 $ 28,397,840 $ 19,615,925 59% 2,222,205 l Unaudited *Benchmarkfor Month is 66.6% i I J:\Financials\2023 Financials\2023 August Financial Report 5 I 1 AUGUST 2023 Six Year Specific Revenue Streams Comparison 8/31/2018 8/312019 8/31/2020 8/31/2021 8/31/2022 8/31/2023 Community Development Revenues 1,239,801 1,362,025 1,517,827 2,193,909 1,693,611 1,752,628 Detention &Correction Services 44,467 97,080 74,411 82,924 75,453 43,922 Current Expense Property Taxes 5,644,328 5,923,592 5,929,729 6,730,786 6,728,969 6,169,117 Road Diversion Property Tax 1,248,629 1,282,933 1,270,842 657,142 639,549 648,016 County Road Property Tax 4,982,812 5,256,400 5,320,327 5,511,235 5,497,829 6,183,407 Current Expense Sales Tax 3,413,077 3,874,272 4,202,715 5,413,218 5,902,622 6,152,362 Criminal Justice Taxes/Entitlements 999,256 1,066,933 1,137,349 1,267,820 1,320,843 1,351,083 Rural Sales &Use Tax Fund 441,127 525,238 546,956 668,929 710,702 744,291 800,000 000,000 aoo,000 zoo,000 - 1 Com Srvcs-Homelessess Preven Filings 358,731 449,943 530,948 670,732 502,642 354,539 aoo,000 soo,000 aoo,000 Lodging (Hotel/Motel)Tax 250,862 309,959 235,050 513,173 571,203 611,329 800000 soo,000 aao,000 zoo,000 _ I I REET 1 Excise Tax Only 846,883 823,788 972,355 1,357,538 1,320,119 1,004,587 REET 2 Excise Tax Only 846,883 823,788 972,355 1,357,538 1,320,119 1,004,587 :4ao,000 2ag000 1.000,000 eoo,000 soo,000 aog000 zoo,000 J:\Financials\2023 Financials\2023 August Financial Report 6 POo� co AUGIUST MASON COUNTY MONTHLY 1854 FINANCIAL REPORT 2023 REVENUE MONTH 12022 REVENUE 1 2023 REVENUE DIFFERENCE JANUARY $ 678,071.10 $ 762,082.70 $ 84,011.60 FEBRUARY $ 735,573.58 $ 761,133.57 $ 25,559.99 MARCH $ 605,844.73 $ 661,034.70 $ 55,189.97 APRIL $ 648,208.19 $ 675,943.00 $ 27,734.81 MAY $ 819,079.72 $ 788,344.00 $ (30,735.72) JUNE $ 758,195.22 $ 763,504.00 $ 5,308.78 JULY $ 789,558.43 $ 808,992.00 $ 19,433.57 AUGUST $ 868,091.16 $ 931,329.00 $ 63,237.84 SEPTEMBER $ 835,635.35 $ (835,635.35) OCTOBER $ 874,640.36 $ (874,640.36) NOVEMBER $ 933,808.65 $ (933,808.65) DECEMBER $ 847,167.46 $ (847,167.46) TOTAL COLLECTED REVENUE $ 9,393,873.95 $ 6,152,362.97 PROJECTED END OF YEAR REVENUE REVENUE BUDGETED $ 7,200,000.00 $ 8,400,000.00 $ 9,643,614.79 YET TO BE COLLECTED $ (2,247,637.03) ANTICIPATED INCREASE $ 1,243,614.79 12 MONTH ROLLING AVERAGE CHANGE 7.2% PRIOR MONTH 12 MO. ROLLING AVG CHANGE 7.5°0 J:\Financials\2023 Financials\2023 August Financial Report 7 POOH CO AU6UST 2023 Six Year Financial Recap Current Expense Recap 8/31/2018 8/31/2019 8/31/2020 8/31/2021 8/31/2022 8/31/2023 General Fund Operating Reserves 6,520,791 6,817,603 10,044,540 9,614,040 10,191,954 Contingency Reserve 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Technology Replacement Reserves 200,000 200,000 264,295 336,000 386,000 Equipment&Vehicle Replacement Reserves 525,000 525,000 932,475 1,040,500 790,000 Accrued Leave Reserve 520,000 530,805 347,742 502,000 413,000 Capital Reserve 5,000,000 Current Expense Unreserved Cash 2,319,865 4,444,947 7,588,831 12,957,545 10,707,041 This Month Current Expense Cash 6,856,706 11,085,657 13,518,355 20,177,883 25,450,086 28,487,995 Adopted Budget on December 31st 36,930,990 41,404,349 49,581,229 53,464,511 62,188,434 68,492,402 Supplemental Appropriations 1,035,267 250,106 407,320 142,422 275,304 980,661 Total Budget including Supplementals 37,966,257 41,654,455 49,988,549 53,606,933 62,463,738 69,473,063 Budgeted Beginning Fund Balance 3,061,750 5,786,719 11,636,958 14,000,000 21,694,824 26,000,000 Budgeted Ending Fund Balance 3,729,495 5,523,921 11,291,981 12,459,079 18,508,172 21,319,029 Revenue Budgets 34,904,507 35,867,736 38,351,591 39,606,933 40,768,914 42,817,030 Revenues thru This Month of each year 23,011,531 24,477,523 24,261,487 28,896,817 29,397,117 30,188,979 Budgeted Revenues Received 66% 68% 63% 73% 72% 71% Expenditure Budgets 34,236,762 36,130,534 38,696,568 41,147,854 43,955,566 48,013,765 Expenditures thru This Month of each year 20,970,181 21,919,481 23,575,638 24,599,052 26,084,460 28,397,840 Budgeted Expenditures Expended 61% 61% 61% 60% 59% 59% 8 Special Fund Cash Balances 8/31/2018 8/31/2019 8/31/2020 8/31/2021 8/31/2022 8/31/2023 Rural County Sales&Use Tax Fund (.09) 440,214 598,752 806,106 1,155,095 2,018,936 2,025,123 Auditor's O&M 283,650 291,027 322,180 420,570 469,713 507,008 County Roads Fund 9,575,427 10,547,630 11,553,691 13,009,527 11,444,905 12,399,039 Paths&Trails 254,797 266,459 277,351 285,401 294,561 309,345 Election Equipment Holding 163,177 170,061 228,678 242,937 285,303 254,265 Crime Victims 212,392 196,639 206,766 218,738 198,943 174,270 Victim Witness Activities 26,740 27,063 27,636 21,951 14,281 (411) Historical Preservation Fund 48,176 33,605 39,916 Community Support Services Fund 682,897 800,557 1,123,090 922,312 1,852,815 1,916,972 Abatement/Repair/Demolition Fund 272,257 277,234 279,400 278,106 277,658 287,648 Reserve for Technology Fund 172,582 92,812 - REET&Property Tax Admin Asst 70,628 75,111 70,747 81,858 89,932 92,165 National Forest Safety 51,304 39,652 37,244 11,381 24,817 41,624 Trial Court Improvement Fund 100,483 106,656 120,337 82,428 100,975 109,689 Sheriff Special Funds 276,328 248,488 - Sheriff's Boating Program 124,525 117,709 117,215 59,158 Narcotics Investigation 85,987 92,738 95,013 93,858 Mason County Clean Water District 114,655 292,119 Public Health Fund 294,792 314,395 881,217 1,523,725 2,193,494 3,475,119 American Rescue Plan Act 6,134,164 10,683,820 6,414,838 Law Library 78,388 73,255 65,084 51,442 41,283 31,596 Lodging(Motel/Hotel)Tax Fund 477,113 657,149 772,365 1,002,717 1,387,216 1,925,838 Mental Health Tax Fund 1,482,814 1,421,649 1,454,494 1,790,686 1,960,637 2,432,894 Treasurer's M&O Fund 129,508 174,904 197,320 133,845 115,033 196,093 Veterans Assistance 85,650 63,420 86,016 132,252 179,288 242,306 Skokomish Flood Zone 191,571 25,730 78,686 17,611 12,111 45,388 Mason Lake Management District 130,951 157,157 129,780 90,271 85,715 89,233 Spencer Lake Management District 7,630 2,365 16,109 12,238 Island Lake Management District 22,008 25,801 33,508 24,902 21,671 18,265 Capital Improvement/Reet 1 Fund 1,743,019 2,021,032 2,150,231 1,555,326 1,895,214 2,372,413 Capital Improvement/Reet 2 Fund 2,750,233 2,878,027 3,186,368 3,956,552 5,524,457 5,848,235 Mason County Landfill 776,500 654,182 1,383,026 1,584,491 2,502,035 3,138,185 N. Bay/Case Inlet Utility 818,232 876,506 1,506,298 1,747,059 2,206,709 2,838,353 N. Bay/Case Inlet Utility Reserve 729 362 - Wastewater System Development 3,986 3,986 3,986 Rustlewood Sewer&Water 235,797 170,842 102,520 188,948 118,852 88,693 Beards Cove Water 417,465 453,577 533,277 594,304 676,913 1,001,303 Belfair WW&Water Reclamation 369,930 601,268 775,295 1,760,788 1,612,293 4,336,703 Reserve Landfill 490,633 470,283 447,857 443,843 442,356 441,808 Reserve Beards Cove Ulid 352,625 198,081 207,002 212,758 220,719 Storm Drain System Development 217,203 184,086 180,739 179,174 178,461 Information Technology 343,089 416,509 268,902 86,991 522,981 765,121 Equipment Rental&Revolving Fund 3,056,104 3,760,505 2,221,304 1,757,234 4,442,574 5,484,731 Unemployment Fund 176,605 162,241 192,551 201,380 231,555 254,883 TOTALS 27,275,996 29,536,693 32,169,113 42,113,578 54,671,219 60,016,108 N _.co4N�.h MASON COUNTY MONTHLY FINANCIAL AUEUST REPORT 2023 2022 vs 2023 Motor Pool Expenditure Comparison FUND OR DEPARTMENT 2022 Expenditures Unexpended %2022 2023 Expenditures Unexpended %2023 Budget through End of Budget Budget through End of Budget Month Authority Month Authority WSU 1,500 1,614 -114 107,57% 4,790 4,138 652 86.39% ASSESSOR 29,9631 18,878 11,085 63.00% 32,910 24,224 8,686 73.61% EMERGENCY MANAGEMENT 990 521 469 52.60% 2,540 765 1,775 30.11% FACILITIES&GROUNDS 27,731 16,143 11,588 58.21% 85,685 30,943 54,742 36.11% COMMUNITY SERVICES 47,254 33,454 13,800 70.80% 66,645 38,922 27,723 58.40% PARKS&TRAILS 57,615 13,972 43,643 24.25% 51,043 28,110 22,933 55.07% JUVENILE COURT SERVICES 8,006 5,867 2,139 73.28% 8,570 4,927 3,643 57.49% PROSECUTOR 6,691 4,348 2,343 64.98% 7,127 2,691 4,436 37.76% CORONER 14,250 10,937 3,313 76.75% 50,891 12,142 38,749 23.86% SHERIFF ADMIN 1,202,975 1,050,364 152,611 87.31% 1,354,357 705,052 649,305 52.06% MOTOR POOL 50,829 20,533 30,296 40.40% 0 0% Total 001 GENERAL FUND 1,447,804 1,176,629 271,175 81.27% 1,664,558 851,915 812,643 51.18% SHERIFF'S BOATING PROGRAM 0 1,244 -1,244 0% 432 -432 0% NARCOTICS INVESTIGATION FUND 0 0% 100 -100 0% COMMUNITY SERVICES HEALTH 57,077 34,566 22,511 60.56% 47,172 32,548 14,624 69.00% AMERICAN RESCUE PLAN ACT 0 0% 0 0% TOTAL SPECIAL FUNDS 57,077 35,810 21,267 62.74% 47,172 33,080 14,092 70.13% Total GENERAL FUND&SPECIAL FUNDS 1,504,881 1,212,439 292,442 80.57% 1,711,730 884,995 826,735 51.70% 2022 Expenditures Unexpended %2022 2023 Expenditures Unexpended %2023 TOTAL MOTOR POOL EXPENDITURES BY OBJECT CODE Budget through End of Budget Budget through End of Budget Month Authority Month Authority MOTOR POOL SALARIES&BENEFITS 39,689 18,203 21,486 45.86% 40,275 9,810 30,465 24.36% MOTOR POOL SUPPLIES 80,150 25,751 54,399 32.13% 54,050 18,744 35,306 34.68% MOTOR POOL FUEL 245,0451 207,991 37,0541 84.88% 402,000 207,184 194,816 51.54% MOTOR POOL LEASE 226,180 394,353 -168,173 174.35% 712,272 453,236 259,036 63.63% MOTOR POOL MAINT-MONTHLY 17,230 7,827 9,403 45.42% 12,000 16,394 -4,394 136.62% MOTOR POOL REPAIRS&MISC. 62,100 27,835 34,265 44.82% 72,775 42,789 29,986 58.80% MOTOR POOL INSURANCE 20,170 2,534 17,636 12.56% 16,640 3,346 13,294 20.11% MOTOR POOL CAPITAL LEASE 406,717 3,033 403,684 0.75% 147,000 33,960 113,040 23.10% MOTOR POOL CAP UPFIT 407,600 524,913 -117,313 128.78% 254,718 99,531 155,188 39.07% Total GENERAL FUND&HEALTH FUND 1,504,881 1,212,439 292,442 80.57% 1,711,730 884,995 826,735 51.70% Unaudited *Benchmarl<for month is 66.6% 10 MASON COUNTY MONTHLY FINANCIAL REPORT AMUS'T 2023 2022 vs 2023 Special and Other Funds Revenue Comparison Revenue Revenue Fund Fund Name 2022 Budget Collected Uncollected %2022 2023 Budget Collected Uncollected %2023 Actual dif 2022 No. Through End Revenue Through End Revenue vs 2023 of Month of Month 103 Sales&Use Tax 866,000 716,448 (149,552) 83% 963,000 804,905 (158,095) 84% 88,457 104 Auditor's 0&M 140,250 114,194 (26,056) 81% 127,250 80,081 (47,169) 63% (34,112) 105 1 County Road 21,367,763 11,157,924 (10,209,839) 52% 21,099,126 11,919,396 (9,179,730) 56% 761,472 106 Paths&Trails 10,136 7,505 (2,631) 74% 9,707 11,717 2,010 121% 4,213 109 Election Equipment Holdings 42,250 38,404 (3,846) 91% 42,250 36,435 (5,815) 86% (1,969) 110 Crime Victims 41,910 44,443 2,533 106% 59,010 46,004 (13,007) 78% 1,560 114 Victim Witness Activities 55,683 23,618 (32,065) 42% 51,191 14,182 (37,009) 28% (9,436) 117 Community Support Services 8,572,928 7,563,240 (1,009,688) 88% 2,254,928 3,080,701 825,773 137% (4,482,540) 118 jAbatement 7,920 938 (6,982) 12% 1,200 8,631 7,431 719% 7,693 120 REET&Property Tax Admin 25,600 15,313 (10,287) 60% 25,750 14,180 (11,570) 55% (1,133) 134 National Forest Safety 21,457 25,638 4,181 119% 21,500 22,936 1,436 107% (2,702) 135 Trial Court Improvements 22,652 11,342 (11,310) 50% 22,684 16,888 (5,796) 74% 5,546 141 Sheriff's Boating Program 38,800 - (38,800) 0% 38,800 - (38,800) 0% - 142 Narcotics Investigation Fund 6,000 1,706 (4,294) 28% 6,500 1,091 (5,409) 17% (615) 145 Mason County Clean Water District 190,000 114,655 (75,345) 60% 190,000 117,831 (72,169) 62% 3,176 150 Community Services Health 3,398,154 3,351,423 (46,731) 99% 3,349,997 4,035,551 685,554 120% 684,128 155 jAmerican Rescue Plan Act 6,484,450 6,499,639 15,189 100% 22,500 228,141 205,641 1014% (6,271,498) 160 Law Library 24,900 14,125 (10,775) 57% 23,260 16,332 (6,928) 70% 2,207 163 Lodging Tax(Hotel/Motel) 500,500 571,626 71,126 114% 600,750 643,127 42,377 107% 71,502 164 Mental Health 1,243,736 930,739 (312,997) 75% 1,414,765 1,032,790 (381,975) 73% 102,050 180 Treasurer's M&0 Fund 338,999 207,639 (131,360) 61% 274,062 167,354 (106,709) 61% (40,285) 190 Veterans Assistance 141,340 88,669 (52,671) 63% 146,524 98,298 (48,226) 67% 9,629 192 lSkokomlsh Flood Zone 10,020,250 - (10,020,250) 0% 6,897,203 47,675 (6,849,528) 1% 47,675 194 Mason Lake Mngmt Dist#2 37,900 22,302 (15,598) 59% 39,990 25,598 (14,392) 64% 3,296 195 Spencer Lake Mngmt Dist#3 15,225 9,334 (5,891) 61% 16,036 9,944 1 (6,092) 62% 610 199 Island Lake Mngmt Dist#1 10,000 5,863 (4,137) 59% 100 786 686 786% (5,077) 350 REET 1 Capital Improvements 1,562,000 1,325,843 (236,157) 85% 1,866,000 1,070,595 (795,405) 57% (255,248) 351 REET 2 Capital Improvements 1,505,000 1,337,060 (167,940) 89% 1,813,000 1,175,341 (637,660) 65% (161,719) 402 Mason County Landfill 5,868,714 3,897,227 (1,971,487) 66% 7,216,147 4,454,555 (2,761,592) 62% 557,328 403 IN.Bay/Case Inlet Utility 2,404,398 1,426,180 (978,218) 59% 2,337,004 1,530,175 (806,829) 65% 103,994 411 Rustlewood Sewer&Water 544,257 209,787 (334,470) 39% 704,210 257,667 (446,543) 37% 47,880 412 Beards Cove Water 332,230 172,217 (160,013) 52% 367,564 199,599 1 (167,965) 54% 27,382 413 Belfair WW&Water Reclamation 11,209,208 1,020,184 (10,189,024) 9% 4,526,622 4,866,168 339,546 108% 3,845,983 428 Reserve Landfill 700 1,494 794 213% 700 13,680 12,980 1954% 12,186 429 Reserve Beards Cove ULID 10,800 8,694 (2,106) 81% - - 0% (8,694) 480 IStorm Drain System Development 500 - (500) 0% - - 0% - 500 Information Technology Dept 922,819 922,719 1 (100) 100% 1,151,233 1,151,255 22 100% 228,536 501 Equipment Rental&Revolving 2,840,187 1,604,043 (1,236,144) 56% 2,812,088 2,122,929 (689,159) 75% 518,886 502 Unemployment Fund 73,420 73,420 - 100% 76,204 76,204 - 100% 2,784 Totals $80,899,036 43,536,595 $ (37,363,441) 54% $60,568,855 39,398,740 $ (21,170,115) 65% (4,136,855) Unaudited "Benchmark for Month is 66.6% J:\Financials\2023 Financials\2023 August Financial Report 11 MASON COUNTY MONTHLY FINANCIAL i REPORT AUEUST 2023 2022 vs 2023 Special and Other Funds Expenditure Comparison Fund Expenditures Expenditures NO. Fund Name 2022 Budget through End of Unexpended %2022 2023 Budget through End of Unexpended %2023 Actvsl2023ez2 Month Budget Authority Month Budget Authority 103 Sales&Use Tax 660,415 50,863 609,552 8% 678,711 620,224 58,487 91% 569,361 104 Auditor's O&M 108,074 75,469 32,605 70% 111,635 50,168 61,467 45% (25,301) 105 County Road 22,849,454 9,320,512 13,528,942 41% 23,793,040 11,416,737 12,376,303 48% 2,096,225 106 1 Paths&Trails 2,223 1,554 669 70% 1 2,047 1,426 621 70% (128) 109 Election Equipment Holdings 51,781 1,231 50,550 2% 51,642 77,231 (25,589) 150% 76,000 110 Crime Victims 99,426 58,727 40,699 59% 106,491 60,485 46,006 57% 1,758 114 Victim Witness Activities 55,635 23,320 32,315 42% 52,740 23,244 29,496 44% (76) 117 Community Support Services 8,250,242 6,868,736 1,381,506 83% 2,456,488 3,176,428 (719,940) 129% (3,692,308) 118 Abatement 54,296 974 53,322 2% 54,155 891 53,264 2% (83) 120 1 REET&Property Tax Admin 100,589 14,598 85,991 15% 110,750 17,875 92,875 16% 3,277 134 National Forest Safety 26,525 5,889 20,636 22% 36,500 5,811 30,689 16% (78) 135 Trial Court Improvements 54,213 2,690 51,523 5% 53,715 493 53,222 1% (2,197) 141 Sheriff's Boating Program 42,533 83,508 (40,975) 196% 42,083 24,231 17,852 58% (59,276) 142 Narcotics Investigation Fund 7,669 4,794 2,875 63% 5,869 1,788 4,081 30% (3,006) 145 Mason County Clean Water District 100,000 1,845 98,155 2% 190,153 1,891 188,262 1% 150 1 Community Services Health 3,382,359 2,511,558 870,801 74% 4,077,531 2,843,031 1 1,234,500 70% 331,473 155 American Rescue Plan Act 11,541,329 883,231 10,658,098 8% 7,562,927 1,376,713 6,186,214 18% 493,483 160 Law Library 36,307 22,050 14,257 61% 34,856 22,911 11,945 66% 861 163 Lodging Tax(Hotel/Motel) 772,900 284,518 488,382 37% 988,514 391,271 597,243 40% 106,753 164 Mental Health 1,491,138 604,165 886,973 41% 1,464,058 637,153 826,905 44% 32,988 180 Treasurer's M&O Fund 395,672 149,279 246,393 38% 354,062 78,717 275,346 22% (70,562) 190 lVeterans Assistance 241,340 70,167 171,173 29% 252,000 75,372 176,628 30% 5,205 192 Skokomish Flood Zone 10,035,620 3,259 10,032,361 0% 6,908,235 13,319 6,894,916 0% 10,060 194 Mason Lake Mngmt Dist#2 106,877 5,564 101,313 5% 108,367 4,741 103,626 4% (822) 195 Spencer Lake Mngmt Dist#3 22,017 413 21,604 2% 23,876 5,547 18,329 23% 5,134 199 Island Lake Mngmt Dist#1 30,000 13,299 16,701 44% 26,078 8,499 17,579 33% (4,800) 350 REET 1 Capital Improvements 2,101,978 1,440,977 661,001 69% 2,101,804 1,010,851 1,090,953 48% (430,126) 351 1 REET 2 Capital Improvements 2,103,831 43,036 2,060,795 2% 2,103,875 523,313 1,580,562 25% 480,277 402 Mason County Landfill 6,433,279 3,469,397 2,963,882 54% 6,760,452 3,948,896 2,811,556 58% 479,498 403 N.Bay/Case Inlet Utility 2,110,929 996,514 1,114,415 47% 2,235,214 929,362 1,305,852 42% (67,152) 405 Wastewater System Development - - - 0% - - 0% - 411 Rustlewood Sewer&Water 665,793 223,949 441,844 34% 776,347 241,112 535,235 31% 17,163 412 Beards Cove Water 327,750 99,638 228,112 30% 335,427 114,964 220,463 34% 15,325 413 Belfair WW&Water Reclamation 7,604,413 602,186 7,002,227 8% 7,142,083 3,144,927 3,997,156 44% 2,542,741 428 Reserve Landfill 301,597 2,658 298,939 1% 300,950 13,326 287,624 4% 10,668 429 Reserve Beards Cove ULID 4,508 3,381 1,127 75% - - 0% (3,381) 480 Storm Drain System Development 571 359 212 63% - - 0% (359) 500 Information Technology Dept 987,073 618,765 368,308 63% 1,261,915 638,215 623,700 51% 19,450 501 Equipment Rental&Revolving 1 3,987,878 1,963,562 2,024,316 49% 3,345,768 1,364,332 1,981,436 41% (599,230) 502 Unemployment Fund 234,420 38,093 196,327 16% 276,204 35,878 240,326 13% (2,215) Totals $ 87,382,654 $ 30,564,728 $ 56,817,926 35% $ 76,186,562 $ 32,901,374 $ 43,285,188 43% 2,336,646 Unaudited *Benchmark for Month is 66.6% J:\Financials\2023 Financials\2023 August Financial Report 12 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: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 18,2023 Agenda Date: October 24,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Request to award funding from the .09 Rural County Sales&Use Tax Fund No.103 Background/Executive Summary: Two applications have been received for 2024 funding from the County's .09 Sales&Use Tax fund. One from the Economic Development Council for$99,000 and one from Public Works for Belfair Sewer in the amount of$450,000 for each year for two years. From RCW 82.14.370 -"Moneys collected under this section may only be used to finance up blic facilities* serving economic development purposes in rural counties and finance personnel in economic development offices**. The public facility must be listed as an item in the officially adopted county overall economic development plan***, or the economic development section of the county's comprehensive plan..." *"Public facilities"means bridges,roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities,railroads, electrical facilities,natural gas facilities,research, testing,training, and incubation facilities in innovation partnership zones designated under RCW 43.330.270,buildings, structures,telecommunications infrastructure,transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington. **"Economic development office" means an office of a county,port districts,or an associate development organization as defined in RCW 43.330.010,which promotes economic development purposes within the county. (Mason County Economic Development Office) ***Comprehensive Economic Development Strategy Project List(CEDS)that is adopted by resolution by the Commissioners. Budget Impact(amount, funding source,budget amendment): $549,000 funding from.09 Fund No. 103 for the year 2024. C Mason County Agenda Request Form Y /A t! Public Outreach (news release,community meeting, etc.): The County is required to circulate for comment. RCW 82.14.370 (3)(b) states"...the county must consult with cities,towns,and port districts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130,Laws of 2004 and the requirements of(a) of this subsection" Requested Action: Request the Board review the applications and place the awards to EDC and Belfair Sewer on the October 24,2023 Action Agenda,once letters have been circulated to the City and Ports. Attachments EDC Funding Request Belfair Sewer Funding Request LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact Name(s): Jennifer Baria Address: 528 West Alder Street City, State, Zip: Shelton, WA 98584 Fax&e-mail: no fax &jennifer@choosemason.com Signature and position of person authorizing submittal of application Executive Director 8/31/23 Signature Position Date Project i e. Mason County Economic Development Total Project Cost $$449,185 Amount raised to date $ Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [ ] Yes [X] No, If yes number of phases number of years Requested loan amount$0 Requested grant amount$99,000 1. Briefly describe the project, project start date,jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? The Economic Development Council of Mason County (EDC)is Mason County's Associate Development Organization (ADO), partnering with the BOCC, Ports, the city of Shelton, and a broad variety of stakeholders to drive economic growth in our community. We are a non- profit, non-partisan organization promoting economic well-being and quality of life for Mason County, by actively recruiting new employers and by retaining and supporting the growth of existing employers, thereby expanding jobs that facilitate growth, enhance wealth and provide a stable tax base. Mason County's annual award is used toward assisting with these efforts. 2. Explain how the project satisfies economic development and priorities. The EDC's mission is to promote the economic vitality and growth of Mason County. We support that primary mission of business recruitment and development with an array of efforts to ensure an attractive business environment, ready and able workforce, and the necessary infrastructure to support a thriving economy as well as developing and curating economic data required by the County, the Department of Commerce, and other stakeholders. Our work starts locally by retaining and expanding existing businesses to ensure that our foundation is strong. We help communities understand local business needs and respond — so that businesses stay, grow, and become more deeply rooted in the community. We continue to build our business retention and expansion program to provide community leaders with advanced warning about problems that may lead to a closure. The work involves (1) building solid relationships with the business owners or plant managers of the employers in the community, (2) regularly collecting data on both individual companies and their industry sectors, (3) analyzing and tracking the collected data in order to predict its behavior, (4) assisting the company in solving problems that may cause them to move or close, (5) looking for opportunities to grow the businesses in their communities. This work was extremely successful over the past few years and has led directly to a very low loss of businesses during the pandemic. It continues to be needed due workforce shortages and supply chain rebuilding for our local businesses. The EDC has been highly focused on attracting businesses to provide new jobs and needed goods and services to the community. This work requires current and accurate research to target companies that would fit well in our community and support our economic ecosystem. We are engaged in recruitment with three active projects and multiple ongoing proposals. Our recruitment efforts have shifted to include site readiness work as every identified development area needs at least one major utility coverage or upgrade. While there are many activities that fall under the EDC's scope, a key component to all our work is communication. Effective economic development marketing differentiates the community through thoughtful messaging, engages rather than intrudes, and informs and educates. Through effective marketing, Mason County has positioned itself more strategically for growth, with both current and local business. Of equal importance, our marketing and communications initiative will continue to help educate and engage our community regarding the organization's activities and will bring increased awareness to the citizenry about the efforts of EDC and our many partners to expand business opportunities and bring new and better jobs to our community. Over the next few years, the EDC is concentrating work to strengthen focus on Mason County's capacity-building needs and help structure a strategic and targeted approach for securing those infrastructure dollars. This is a key component in establishing and maintaining a robust economic ecosystem by helping to build capacity that contributes to individual, business, and county-wide success. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [ ] Yes [X] No 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. N/A 5. Has other funding been secured? [X] Yes [ ] No. If yes, list source(s) of funding. 6. Please list other funding sources, which have been pursued or currently pursued. The EDC is currently in the process of negotiating contracts for 2024. We expect to secure and maintain all existing contracts and investment support. 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3 60 Create in 4-5 years 120 Create in 6-10 years 200+ Number of jobs retained 225 8. Please indicate number of businesses that will directly benefit from the public facility. While this is not a public facility, the EDC has set a strategic goal of assisting a minimum of 325 businesses in 2024. 9. Please list other significant factors about the project that should be considered. The EDC is continuing to work recruiting identified industries that can benefit from the County's assets and match the economic development vision of the community, we have noticed a significant gap in the county's industrial lands and their access to necessary utilities. Over the next few years, we will continue work around identifying, cataloging and potentially rezoning areas. As well as working with the EDA to secure funding for industry cluster studies and a county-wide market analysis that will better support Mason County recruitment efforts. The EDC will work to strengthen focus on Mason County's capacity-building needs and help structure a strategic and targeted approach for securing those needed infrastructure dollars. This will be work reconstituting our regional Economic Development District and include a current prioritized county-wide projects list. 10. List, in detail, how the money requested would be spent on the proposed project. Funding will be used to continue offering an array of business development programs and initiatives to assist entrepreneurs in starting and growing their business, support local companies, and promote the area for future investment. These include but are not limited to: • Actively recruiting new employers • Outreach to existing Mason County employers • Site selection services including facilitation with permitting processes • Economic and demographic data; Research and comparative analysis; Tax research and incentives Prioritize infrastructure projects and coordinate funding efforts • Workforce and job training information • Entrepreneurship training digitally Business plan assistance; access to financing organizations Identifying collaboration opportunities; key introductions Personalized briefings and orientations LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact Name(s) Loretta Swanson, Director, Public Works/Utilities & Waste Richard Dickinson, Deputy Director, Public Works/Utilities & Waste Address 100 W Public Works Drive City, State, Zip Shelton, WA 98584 Fax & e-mail lorettas(@masoncountvwa.aov rdickinson(a-)masoncountywa.gov Deputy Director- Utilities & Waste Signature Position Date Project Title: Belfair Wastewater Treatment&Water Reclamation Projects: Phases 1- 4 Planning and Capital Infrastructure Development Total Project Cost: $57.5 Million Amount raised to date: $61 Million Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [x] Yes [] No, If yes number of phases 4 number of years 20 Requested loan amount $ 0 Requested grant amount: $ 450,000/year. For years 2024-2025 1. Briefly describe the project, project start date, jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? Phase 1 of the Belfair Wastewater Treatment & Water Reclamation Projects is complete and partially funded by this grant. Phase 2, which extends service towards the Puget Sound Industrial Center (PSIC) is currently under construction. Phase 2 design is fully funded, and a Public Works Board grant and low interest construction loan offer will fund construction. Phase 2 work is currently underway, and construction is expected to be completed prior to 2023's year end. Phase 2 is timed in coordination with the WSDOT SR3 Freight Corridor project design and construction, along with Mason Transit Authority's new Belfair facility. 2. Explain how the project satisfies economic development and priorities. Belfair is one of three urban growth areas within Mason County. Provision of sewer service is essential for economic growth within both the Belfair UGA and county. Well- planned and constructed sewer infrastructure reduces hurdles to economic development. Phase 2 of this project extends service to areas designated for industrial and commercial use (along with residential) in advance of need, while making use of the existing infrastructure capacity. The Economic Development Element of the Mason County Comprehensive Plan identifies infrastructure and capital improvements as one of five focus areas, noting sewer systems as a key infrastructure need. The vision is "Mason County's utilities and transportation networks fully support future commercial, industrial and residential growth while preserving the natural environment and community character". GOAL 1.1 Ensure that infrastructure is adequately sized or expandable to accommodate current needs and projected growth. POLICY 1.1.2 Support and encourage the extension of utilities, transportation, and other facilities to areas designated for industrial and commercial use in advance of need. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [x] Yes [ ] No The adopted 2021-2022 Community and Economic Development Strategies (CEDS) Project List includes the Belfair Sewer, North Extension/Freight Corridor/PSIC project ($4.5 Million). Added in 2021 were the Belfair WRF Critical Equipment Replacement ($370,000) and Resiliency ($300,000) Projects. 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. Belfair Wastewater Plant Operations Permit Belfair Wastewater Facilities Plan Belfair/Northshore Programmatic Environmental Impact Statement Belfair General Sewer Plan Update 5. Has other funding been secured? [x] Yes [ ] No. If yes, list source(s) of funding. • Legislative appropriations for rate relief • Commerce grants/loans for sewer extension planning/design/construction ILA with City of Bremerton and Port of Bremerton 6. Please list other funding sources, which have been pursued or currently pursued. System expansion will be funded through developer contributions and grants and loans, if secured. Utility rates and general facility connection charges are used to operate the system and pay down the capital debt service for these initial phases of the project. 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3 =20 Create in 4-5 years = 100 Create in 6-10 years =375 Number of jobs retained=675 8. Please indicate number of businesses that will directly benefit from the public facility. All existing businesses within the Belfair UGA along the SR3 and 300 Belfair corridors directly benefit from Phase 1 sewer service. The provision of sewer service freed up valuable urban land previously dedicated to on-site septic systems and reserve areas. This allowed for expansion and/or re-development. Phase 2 service will also potentially benefit existing businesses in the Log Yard Road vicinity and along SR 3 north of the existing service area similar to benefits from Phase 1. Providing a closer sewer connection will allow business to economically connect, thereby expanding or building new. New businesses in the same vicinity will benefit from planned sewer expansion. 9. Please list other significant factors about the project that should be considered. The project will allow for the successful, planned development of entire Belfair UGA at urban levels of density as envisioned (and required) by the State's Growth Management Act. The conversion of on-site systems to sewer will aid in the removal of nitrogen to Hood Canal. 10. List, in detail, how the money requested would be spent on the proposed project. The requested dollars will be spent to help pay down the annual capital project debt service of approximately $1 million per year that was incurred to construct Phase 1 of the Belfair sewer system. This will help keep the annual sewer rate increases to a minimum. `pUtT F • Mason County Agenda Request Form JAW To: Board of Mason County Commissioners I From: Mark Neary Ext.530 Department: Support Services Briefing: M Action Agenda: M Public Hearing: ❑ Special Meeting: ❑ 1 i Briefing Date(s): September 25,2023 Agenda Date: . Internal Review: M 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: I Item: 2024 Vehicle Take-Home Requests for Kelly Frazier,Roy Beierle, Jeremy Seymore, Grant Dishon,John Ronald,Roy LaRue, and Pete Medcalf Background/Executive Summary: Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of qualified nonpersonal use vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined by IRS and outlined in the Mason County Personnel Policy, Chapter 13,Vehicle Use Policy. Budget Impact(amount,funding source, budget amendment): Estimated County take home vehicle costs are included in the 2024 proposed budget Public Outreach(news release,community meeting,etc.): N/A Requested Action: Approval of 2024 Take Home Vehicle list as presented for 2024. Attachments: Vehicle Take-Home Request forms I. Vehicle Take-Home Assignment Authorization Request Employee Name i Department molic Pal Title/Position € Division S�sflsY9c 5Frt>tGC.6 Vehicle No&Type I q ' Fad V 150 County of Residence Mc<u w Primary Work Station :j Aj 5�-w Current Odometer Reading c Daily Commute Miles 9, ter.\ s Mileage outsize of County(if N1:1 Daily Business Miles So + applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. Emergency Response, The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justificatfon and back-up doCirnlentatian to this form. n Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-tip documentation to this form. Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests.Attach alijustifications and bark-up documentation to this form. C) Union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: 1 Note:A County awned Take-Home Vehicle Is a fringe benefit that generates a tax liability.if your request for a Take-Home Vehicle assignment Is approved,you are requited to check tvith payroll to determine your liability. Requestor's 5 gnature' r Date I have read a d understand the County Policy governingTake•Home vehicles and County Vehicle use. I certify that this request meets the requirements. I rector Date I• certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. n Approved Denied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. C5i'r:to FJt<Idar:(:mcnt Prjroll T:'q:•r+a T:Lai i Facilities, Grounds,&Motorpool Special Equipment Justification Documentation Vehicle# I U y . i Searchlight Flood Lights Emergency Strobe Lights Tools to assist with vehicle recovery or roadside assistance Assorted tools for emergency building repairs j Assorted signs for emergencies(i.e.stop signs,yield signs,etc.) This vehicle is used for 24 hour callouts. It contains specialized equipment needed to respond• and repair critical safety facility and vehicle emergencies and other emergencies to protect the M safety of our employees,facilities, Inmates,and the public. l ' I i f I i I I I i i � I j I i Employee Name •, �� ✓� ethAvl C)Vl- Department U 1 V Title/Position t✓ .• Division Vehicle No&Type 0 —Uwe, County of Residence 1 A Primary Work Station P-\�A v` Current Odometer Reading / (� Daily Commute Miles W Mileage outsite of County tit Daily Business Miles _� applicable) Number of emergency call-outs in previous years: April 1-Sept.30: / Oct.1-March 31: Per Mason County Personally policy adopted April 2017 resolution..........,requests to authorize Take-Horne vehicles must meet at least of of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require Immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must bean explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. ❑ Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. ❑ union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment is TroT-) you are requltea to check with payroll to determine your liability. , Rgdesto' gt Slgn r)) Date I.76ve read and ndtsrstand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. �7 7 Department D rector Dale I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved ❑ Denied Chair of 0OCC Date 'Please submit this form to the Risk Manager by September 30th of each year. original to Risk Management Payroll Take-llome Log i I ' I Special Equipment Justification Documentation Vehicle#1 180 a)Searchlight b) Flood Lights c) Emergency Strobe Lights d)Tool Box with emergency response Items such as road flares,chain saw, hand tools, etc, e) CB radio f)Company 2 way Of radio g) Permanently mounted bulk'fuel tank&dispenser This vehicle is used for 24 hr callouts, It contains specialized equipment needed to respond to wind, raln,floods,slides, accidents, road hazards, and snow/ice events, natural disasters, Per agreement with Frank Pinter and the BOCC, record keeping not required l I i i 1 i I I I � I i 'AV-01!s(.Iro' oili1:./ ifl)'Ito-I Vi'4lilil_i.l.l_RtlI Employee Name Department Title/Position Division Vehicle No&Type f County of Residencew'�'f, � S Primary Work Station Current Odometer Reading Daily Commute 441les 42 Mileage outslte of County(if f J Daily Business Miles 0 applicable) Number of emergency call-outs in previous years: April 1-Sept_30: Dct.1-March 31: Per I-Anson County Personnel Policy adopted April 2017,Resolution 19.17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. Emergency Response: The employee has the primary responsibility for responding to emergency situations witch require immediate response to protect life or properly and the employee is called out at least 12 times per quarter.A"call-out"Is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature ofcall•outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated Count/parking area.Attach aRfusflfication and back-up documentation to thisform. n Economic Benefit: There Is an economic benefit to the County.Tills means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle.A calculation of this benefit must be suhmiited with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all fustlficallon anti back-tip docunientailon to Ilrls form. Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require Immediate response to protect life or property and the employee needs a special vehicle and orcarries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests.Attach olifustificotionsand back-up documentation to this form. U Union Contract: Collective bargaining agreement mayprovide general language for department director to approve Take•Home Vehicle assignment.Provide tmfon name,contract number,andattached a copy of relevant contract language. Union Local: I Note:A County ow ned Take-Horne Vehicle is o fringe benefit that lyenerntes a tax llobility.If yourrequest for a Toke-Home Vehicle assignment is approv ,you are requited I check lvifh payroll to defennlne your liability. �a�- .-apy Requesf rsSlgnattrre Date I have read and and Land the unly Policy governing Take•Homevehicles and County Vehicle use. I certify that this request meets the requirements. l l Department Director Date /`j -���V I certify that this request meets the requirements of the County Policyand recommended the SOCC approve the request. n Approved D Dented Chair of DOCC Date Please submit this foinr to the Risk Manager by September 301h of each year. rrraa Tl tf•YET[LCr Special Cqulpmenthstificatlon Documentation Vehicle#( 181 a)Searchlight b)Flood Lights c}Emergency Strobe Lights d)Tool Box with emergency response Items such as road flares,chain saw, hand tools,etc. e)CB radio -f)company 2 way Of radio g) Permanently mounted bulk fuel tanit&dispenser This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind,rain,floods,slides, accidents, road hazards,and snow/Ica events, natural disasters, Per agreement with Frank Pinter and the E30CC,record keeping not required 3 l a it We-d 10( v'U�r;,I 6 :>-�ii 1���`�`�r !�I I l f.l l l'I .��.\ I`li u Jk r Uf� k �_ :5�7 „y u .► t , _� 1 )►�.���iiv� �►i��Ji� ;1.V.sS , ( •.� Employee Name /� r ,�Y Department ,41 Title/Position �„ 4•� i.��<-..�. ., Division Vehicle No&Type 2>_5�- County of Residence Primary Work station Current Odometer Reading Daily commute k4iles /_�- Mileage outsite of County(if Daily Business Miles ry applicable) Number of emergency call-outs In previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19.17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require Immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"Is defined as a directive to an employee to report to work site during off dub/time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of',vhy alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach oll fustiflcation and back-up documenfaflon to this form. f1 Economic Benefit: There Is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation.Attached allfustiflcotlan and back-up documentation to this farm. ❑ Special Equipment: The Employee has the primary responsibility for responding to emergencysituatlons which require Immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment In order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests.Attach al1 fustlftcations and back-up documentation to this form, ❑ Union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and ottmched a copy of relevant contract language. Union Local: 1 Note:A County owned Take-Home Vehicle is a fringe benefit that venerates a foxilobility.if your request for a Take-Home Vehicle assignment is approved,you ore requited to check with payroll to determine your liability. Rcequtestor's Slnnoture Dote I have read and un ersl nd the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. '13 Department Director Date /' I certify that this request meets the requirements of the County Policy and recommended the BDCC approve the request. ( 171 Approved ❑ Denied Cholr of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. C.:I'.t c F.'s<M.,trc n c of hynl Tj"1+:T t t q Special Cquipnmanthstification Documentation Vehicle#i ,lea:155 a)Searchlight b)Flood Lights c)Emergency Strobe Lights d)Tool Box with emergency response Items such as road flares,chain saw, hand tools,etc, e) C13 radio f)Company 2 way Of radio b)Permanently mounted bulk fuel tank&dispenser This vehicle Is used for 24 hr callouts. It contains specialized equipment needed to respond to wind,rain,floods,slides, accidents, road hazards,and snow/Ice events, natural disasters. Peragreement with Frank Pinter and the 13occ, racord keeping not required i t .J i Vehicle TakIg- Auth�o�ri at, 11 me Assignment toijj�eAuest Employee Name t C y S Department "U 77 77 r le Title/Position Kd Division Vehicle No&Type i Z ' County of Residence III a-Sa[1 Primary Work Station Current Odometer Reading ] 6 UP Daily Commute Miles I j Mileage outsite of County(if Daily Business Miles `LU applicable) Number of emergency call-outs in previous years: April 1-Sept.30: & Oct.1-March 31: Z Per Mason County Personally policy adopted April 2017 resolution..........,requests to authorize Take-Home vehicles must meet at least of of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justification and back-up documentation to this form. ❑ Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all justification and back-up documentation to this form. Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all justifications and back-up documentation to this form. ❑ Union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Horne Vehicle is a fringe benefit that generates a tax Ilability,if your request fora Take-Home Vehicle assignment is approved, u are re uited to check with payroll to determine your liability. 7� 7- z3 Regres r'sSlgnature Date I haK andZeMSM nd the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. � ?/7/23 Department Director Date I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved ❑ Denied Chair of ROCC Date 'Please submit this form to the Risk Manager by September 30th of each year. OtIglnal to Risk Management Payroll Take-Home Log 1 Special Equipment Justification Documentation i Vehicle#I 18T 17A a)Searchlight b) Flood Lights c) Emergency Strobe Lights d)Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e)CB radio f) Company 2 way Of radio g) Permanently mounted bulk fuel tank&dispenser This vehicle Is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain,floods,slides, accidents, road hazards, and snow/ice events, natural disasters. I Per agreement with Frank Pinter and the BOCC, record keeping not required 9 9 A y u Z �I t i 1 y� P � I r ' ( 1_I_S.,7A JI_ .I11211 /_,Ail %Ill�il_l'?i�iJll)_i1 i ' 1 ' Employee Name �:, ��+r{ s Department i. u r Title/Position z Division uFt S Vehicle No&Type ;-: County of Residence Primary Work Station �e-A;{-mv Current Odometer Reading J S J , 0"j Daily Commute Miles 1.5 Mileage outsite of County(if Daily Business Miles I r applicable) Number of emergency call-outs in previous years: April 1-Sept.30: �I ) Oct.1-March 31: t Per IAason County Personnel Policy adopted April 2017,Resolution 19.17,requests to authorize Tale-Home vehicles must meet at least one of the following criteria. ❑ Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call-out"is defined as a directive to an employee to report to viol,site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a Countyvehicle cannot be picked up from a designated County parking area. Attach all fustificatlon and back-up doctrmentatlon to tbls form. n Economic Benefit: There Is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Horne Vehicle request. The cost of lost productivity cannot be part of / the calculation. Attached all fustification and back-up documentation to this form• (j Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests.Attach ail fustiflentlons and back-up docwmentotlon to this form. O Union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehlde assignment. Provide trnlon name,contract nunnber,and attached a copy of relevant contrortlangtioge. Union Local: I Note:A County owned Take-Nome Vehicle Is a fringe benefit that venerates a tax iiobility.If your request for a Toke•Home Veldde assignment is approved,you are re q uit ed to check with payroll to determine your liability. Regtresta gnnhrre Date I have, ead and underst d the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. / GU � 1�C�S 7 9 7 2� Department D rector Date s"s I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the requ est. 4� n Approved „I Denied Chair of DOCC Date °Please submit this form to the Rlsk Manager by September 30111 of each year. Prp:n i,'u•Norc lcr I l i Special Equipment Justification Documentation i Vehicle#l 190 a)Searchlight I b) Flood Lights s c) Emergency Strobe Lights d)Tool Box with emergency response Items such as road flares,chain saw, hand tools, etc, e)CB radio f)Company 2 way Of radio g) Permanently mounted bulk fuel tank&dispenser This vehicle is used for 24 hr callouts. it contains specialized equipment needed to respond to wind, rain,floods, slides, accidents, road hazards,and snow/Ice events, natural disasters. l Per agreement with Frank Pinter and the BOCC, record keeping not required i i f !l I i Employee Name Department title/Position 6,4 J sjr Division Vehicle No&Type 12 0 _ County of Residence Primary Work Station _a/ Current Odometer Reading Daily Commute Miles 3o Mileage outsite of County(if �— Daily Business Miles .2 fir, applicable) Number of emergency call-outs in previous years: April 1-Sept.30: lC /� Oct.I-March 31: / fJ —/- Per i-lason County Personnel Policy adopted April 2017,Resolution 19.17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. Emergency Response: The employee has the primary responslbility for responding to emergency situations which require immediate response to protect life or property and the employee Is called out at least 12 limes per quarter. A"call-out"is defined as a directive to an employee to report to wort:site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must bean explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all justlficaflon anti back-up documentation to tills fomi. n Economic Benefit: There Is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle.A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attachedolljustlficallonondback-up documentation tothfsform. bg--Special Equipment: The Employee has the printery responsibility for responding to emergency situatlons which require Immediate response to protect life or property and the employee needs a special vehicle and orcarrles specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests.Attach alijustificationsand back-tip documentation to this form. O Union Contract: Collective bargaining agreement mayprovide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and ottoched a copy of relevant contract fangtmge. Union Local: Note A County vned rake Home Vehicle is a fringe benefit that generates a tax liability,If yourrequest for a rake-Home Vehicle assignment is approved, r �Zroqui to rlieck tvfti:payroll to tfeternihie youriiablfity. 8'�sf-c3 RequestoNSi nature Date I have read and and tand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. Department Director I certify that this request meets the requirementsnts o of the County Policy and recommended the BDCC approve the request. f l v J,p n rlppraver! p Denied Chalr of DOCC Dale ''Plea se submit this form to the Rlsk Mana0erhySepteaiber 30th of each year, G rir}Y to flit t!trtttrt va rr,,oY T�'u•Nnrt ter Special Equipment Justification Documentation I Vehicle#( W 12.0 a)Searchlight b) Flood Lights c) Pmergency Strobe Lights d)Tool Box with emergency response Items such as road flares,chain saw, hand tools,etc. e) CB radio f)Company 2 way Of radio g) Permanently mounted bull(fuel tank&dispenser This vehicle Is used for 24 hr callouts, It contains specialized equipment needed to respond to wind,rain, floods,slides, accidents, road hazards,and snow/Ice events, natural disasters. Per agreement with Frank Pinter and the Socc,record keeping not required 3 ASoN coU��� September 26,2023 - TO ADDRESS 1854 CITY ZIP ETC. MASON COUNTY Re: IGNITE Mason Coalition BOARD OF Dear Economic Development Administration, COMMISSIONERS We,the undersigned members of the city governments,county government,tribal governments,and Economic Development Council in Mason County, Washington, come together with a shared 1ST District commitment to foster economic growth and prosperity in our community. Inspired by the urgent RANDY NEATHERLIN need to revitalize our local economy and enhance the quality of life for all Mason County residents, we hereby establish the IGNITE Mason Coalition. 2°d District Our community faces unique challenges and opportunities. Historically, the timber and KEVIN SHUTTY manufacturing industries were the backbone of our local employment but changing economic landscapes and the pressing issue of substance abuse have created significant hurdles, including a 3'District widening Prime Age Employment Rate gap. To address these challenges and harness our regional SHARON TRASK assets and market demand, the IGNITE Mason Coalition is submitting an application for both a Strategy Development Grant and a Recompete Plan. With the Strategy Development Grant, we plan to support increased coordination of an inclusive, Mason County Building 1 locally defined planning process and implementation of additional planning,workforce development strategies,environmental,and engineering documentation needed. As part of our Recompete Plan, 411 North Fifth Street we plan to submit projects that focus on: • Fueling Business Growth in Belfair through Infrastructure Improvements: this initiative Shelton,WA 98584-3400 aims to enhance the Belfair Urban Growth Area's infrastructure, making it an attractive location for new employers and workforce development. (360)427-9670 ext.419 • Attracting Aerospace Businesses and Workforce through Shelton Infrastructure Investments: the Port of Shelton expansion project seeks to create an aviation park, Fax(360)427-8437 boosting employment opportunities in a targeted industry. This project supports workforce development by transitioning Olympic College's Shelton campus to focus on trades, aligning education with industry needs. • Building Careers through Technical Education and Coordination: Career Technical Education programs will provide students with work-based learning experiences, promoting equity,inclusivity,and diversity,including partnerships with our tribes to ensure culturally competent training. • Support Those with Substance Use Disorder to Return to Work: addressing the substance abuse crisis,this project creates a Reentry Program to help individuals access housing,job training, employment, and behavioral health support. This will include s strong focus on supporting our tribal nations. • Building Futures, Enhanced Housing through Infrastructure Development: this project focuses on providing the necessary infrastructure for residential housing development to address the workforce housing shortage. These strategic projects align with our mission to initiate growth, innovation, and technological advancements,positioning Mason County as a hub of prosperity and opportunity. While the official coalition applying for the funding is limited to the applicants allowed under the Recompete Program, our coalition is partnering with many individuals, including targeted employers, labor unions, education and training systems, philanthropy, and nonprofit organizations. In addition to this letter, a letter with a broad set of stakeholders is attached to the application. The IGNITE Mason Coalition firmly believes that economic development is a multi-faceted endeavor, encompassing infrastructure,education,and workforce development. By working together,we can not only rebuild,but reinvent our local economy,ensuring a brighter and more inclusive future for all Mason County residents. Sincerely, Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 9/25/2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Recompete Lead Applicant Letter Background/Executive Summary: The Ignite Consortium was created to organize and coordinate the application process for Strategy Development Grant and the Recompete Plan. Mason County has agreed to operate as the lead organization. In this role we will be the primary point of contact with the Economic Development Administration(EDA),and all of the funds coming to the county will pass through us to the other jurisdictions. We will need to hire additional staff to administer this process if we are awarded the grant,and we will discuss these details during budget deliberations. The attached letter will be submitted with our application. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the letter of support to the Economic Development Administration for the IGNITE Mason Coalition's Recompete Lead Application. Attachments Letter ASoN coU September 26,2023 ATTN:The Honorable Alejandra Y. Castillo Assistant Secretary of Commerce for Economic Development Economic Development Administration 1401 Constitution Ave NW Ste#71014 1854 Washington,DC 20230 Re: IGNITE Mason Coalition Applications for Strategy Development Grant and Recompete Plan MASON COUNTY Dear Alejandra, BOARD OF The IGNITE Mason Coalition is submitting an application for both a Strategy Development Grant COMMISSIONERS and a Recompete Plan. Mason County will assume the role of the principal applicant for the Phase 1 Strategy Development Grant and Recompete Plan approval. As part of this, we will act as the primary point of contact for the Economic Development Administration(EDA)throughout the entire competition and implementation process. Furthermore,Mason County will hire a Recompete Plan 1ST District Coordinator(RPC). RANDY NEATHERLIN Mason County is authorized to represent and act on behalf of the geographic area where all of the 2°d District projects are, which are each eligible under EDA's guidance. We have a diverse group of KEVIN SHUTTY stakeholders who are participating in the project, including the members of the IGNITE Coalition and members of the broader community. The support in the community spans across targeted employers, tribal partners, labor unions, education and training systems, philanthropy, nonprofit 3'District organizations, public utilities districts, the Ports, the major schools, and other community SHARON TRASK organizations. Mason County will serve as the central coordinator, including convening a diverse group of stakeholders from the public and private sector, educational and civic leaders, and other community partners to facilitate a collaborative approach to improve the livelihood of people between Mason County. Mason County Building 1 Given Mason County's economic distress,we have not always been in a position to allocate large 411 North Fifth Street sums of money. However, the County was designated the lead entity for distributing dollars provided to the region as part of the American Rescue Plan Act (ARPA) and has developed Shelton,WA 98584-3400 experience in grant management. We are confident that we have the capacity to oversee the efficient coordination and integration of funding and other assistance provided by the DA, and any other partners within the communities, ensuring a cohesive and strategic approach to community (360)427-9670 ext.419 economic development. Fax(360)427-8437 Mason County is committed to supporting the goals of the Recompete Project. We have long supported activities to improve business growth and housing through infrastructure, business attraction in targeted industries,aligned workforce development and career and technical education, combatting substance use disorder challenges, and partnership with our tribes. Through this additional funding, we feel we can act as an intermediary to bring together all of the partners to support projects that will lead to long-lasting economic prosperity for our region. Sincerely, Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 25,2023 Agenda Date: September 26,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ 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• Letter of Support for The Arc of the Peninsulas' Proposal to the 2024-2025 Thurston Mason Developmental Disabilities Community Grant Background/Executive Summary: The Arc of the Peninsulas is pursing the 2024-2025 Thurston Mason Developmental Disabilities Community Grant to continue their work in Mason County. This work includes the Healthy Relationships curriculum,Job Club curriculum,and the possibility of opening a vocational rehabilitation program in Mason County. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the letter of support for The Arc of the Peninsulas'proposal to the 2024-2025 Thurston Mason Developmental Disabilities Community Grant. Attachments: Lcttcr RFP ASoN coU��� September 26,2023 Thurston/Mason Developmental Disabilities 412 Lily Rd NE 1854 Olympia,WA 98506 MASON COUNTY Re:2024-2025 Thurston Mason Developmental Disabilities Community Grant Project BOARD OF Dear Review Panel, COMMISSIONERS Today,we are writing in support of The Arc of the Peninsulas and its submitted proposal to continue to provide and expand its services to Mason County residents. We are hopeful that our support of The Arc of the Peninsula's proposal will aid in making a funding determination to support impactful 1ST District programs and services in Mason County. RANDY NEATHERLIN For the past several years, Mason County has worked to increase access to programs and services 2°d District for our vulnerable residents,including those with intellectual and developmental disabilities(IDD). KEVIN SHUTTY We rely on strong partners to deliver these services and believe having localized services is vital to consistent and effective programming for the, roughly, 318 Mason County residents with an IDD diagnosis. 3rd District SHARON TRASK The Arc of the Peninsulas has proven to compliment already established programs and we greatly are in support of seeing their work both continue and expand in Mason County. We also believe they are well-positioned to do so based on their organizational capacity and commitment to serving vulnerable populations. Fulfilling their funding request will aid in strengthening our local safety net Mason County Building 1 for the IDD community. 411 North Fifth Street In Mason County can be of further assistance,please do not hesitate to contact us. We appreciate the important work being done in our community and stand ready to support it in any way we can. Shelton,WA 98584-3400 Sincerely, (360)427-9670 ext.419 Fax(360)427-8437 Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commissioner ,ston co, Developmental Disabilities Program O;p nCo%)S' kA dso REQUEST FOR PROPOSAL 2024/2025 CONTRACT TERM Thurston County Public Health and Social Services �Ps°N coLlry 412 Lilly Road NE Olympia, WA 98506 THURSTON COUNTY https://www.thurstoncountVwa.gov/departments/ 1854 SINCF,IR32 - public-health-and-social-services/social-services/developmental-disabilities RFP Release August 30, 2023 Date: Due Date: September 29, 2023 Application DDFunding@co.thurston.wa.us Submission: Summary of This RFP is seeking proposals for services which provide support to individuals with Expected developmental disabilities and their families in our local community. The purpose is Results: to carry out the stated mission by supporting innovative solutions and funding additional services that foster community involvement in alignment with the goals and objectives of our shared counties. Timeline for Proposal Review/Evaluation October 2—31, 2023 Selection: Contract Award Notification By November 15, 2023 Contract Start Date January 1, 2024 Exhibits and County Coversheet Attachments: Proposal Overview Budget Sheet Spending Plan Sample County Professional Services Agreement Eligibility: Respondents must demonstrate the capacity and readiness to deliver the services proposed within the RFP timeframe in accordance with all contractual requirements. If the Respondent is unable to demonstrate a comprehensive plan for achieving the intended goal, the Respondent will not be considered for funding under this RFP. To be eligible for consideration, Respondents must: 1. Demonstrate the ability to provide the service(s) to individuals with developmental disabilities and their families as described in the proposal. 2. Demonstrate an understanding of and the ability to comply with the County Guidelines. 3. Demonstrate the potential to provide services that are consistent with the goals and objectives of the Thurston/Mason County Developmental Disabilities program. Proposal https://www.thurstoncountywa.gov/departments/public-health-and-social- Materials: services/administration/fiscal/funding-announcements Contact: Mark Moffett, Program Manager (360) 867-2597 mark.moffett@co.thurston.wa.us Our mission in the Thurston/Mason County Developmental Disabilities (T/MCDD) program is to work with people with developmental disabilities, their families, and the community to promote everyone's well-being, rights, choices and opportunities in living as valued, contributing and integrated members of the community. T/MCDD program utilizes Washington State Department of Social and Health Services (DSHS) grants and local property tax revenue (millage) to provide services consistent with this mission. Contracts with the Developmental Disabilities Administration (DDA) and the Division of Vocational Rehabilitation (DVR) provide employment, community inclusion and transition services to adults with developmental disabilities. Millage funds are utilized to pay for services that are not authorized under these contracts. Some examples of these services may include individual technical assistance, specialized training, and benefits planning. The Washington State Legislature provides funds for the coordination and provision of community services for persons with developmental disabilities through RCW 71A.20.170. This statute directs the governing authority of each county in the state to levy a tax and create a community trust account specifically dedicated to ensuring availability and accessibility of services to individuals with developmental disabilities and their families. Successful proposals will be funded primarily through these county funds. A Request for Proposal (RFP) is an opportunity for agencies to submit proposals for consideration to receive funding for specific programs and/or services. The purpose of the RFP funding process is to develop community partnerships which foster collaboration and expansion of services that support individuals in our local community with developmental disabilities. This RFP specifically requests proposals from programs or projects which provide innovative solutions and services in the following areas: Inclusive Community Arts * The goal is to provide an inclusive, integrated community art space where individuals with developmental disabilities are free to express themselves through various artistic methods. * Programs will allow artists to work independently or with appropriate levels of support to conceptualize their own creative vision. b Participants will experience enhanced independence, gain increased confidence and valuable communication skills through art and interaction with class participants and instructors. * Programs will provide accessible workshop space, art materials/supplies and offer a collaborative environment that promotes healthy communication, personal expression, friendships, and a sense of community and belonging. Educational Partnership b The goal is to provide individualized tutoring, mentorship, and training to assist individuals with developmental disabilities in identifying, understanding, and taking steps towards achieving their personal interest and/or educational goals. * Services will provide individuals access to educational partners who can assist with identifying personal interests and developing an educational plan. b Participants will obtain valuable information regarding researching and mapping their educational and personal interest goals. They will gain knowledge and information in their chosen area(s) of study and will be able to complete or make progress towards completing an educational program or personal interest project. * Programs will provide dedicated and qualified staff and access to educational materials needed to meet the participants' educational and personal goals. Behavioral Support and Life Skill Services b The goal is to provide individualized behavioral support and/or life skill services to adults with developmental disabilities who are participating in the High School Transition program and/or Individual Supported Employment services. * Services will be directed toward providing individual assistance and support in developing interpersonal communication, self-advocacy, and conflict resolution skills. * Through a referral from T/MCDD, program providers will complete an intake/assessment to determine appropriate services for the individual, develop goals in collaboration with the individual and their family, schedule and provide direct service sessions and make recommendations for future services. b Program providers will have well-qualified staff who have experience working with individuals with developmental disabilities and their families and will provide on-going feedback to T/MCDD regarding each participants' progress. Healthy Relationship Education * The goal is to provide information and education regarding creating and maintaining healthy, interpersonal relationships. b Services will be in an integrated, community setting that is accessible to all with a target audience of individuals with developmental disabilities and their families. * Program content should include topics such as: o Setting and understanding healthy personal boundaries o Learning and utilizing effective communication skills o Developing and practicing self-advocacy skills o Personal safety o How to report abuse and/or concerns b Materials and information should be presented in a way that can be easily understood, transferred to daily interactions and accessible to participants. * Program providers will have well-qualified staff who have experience working with individuals with developmental disabilities and instructors who have attended a Healthy Relationships certified training course. All proposals will be assessed and scored by a volunteer panel comprised of individuals who do not have a vested interest in the process, who do not have a current proposal pending and who have knowledge of community needs regarding individuals with developmental disabilities. Upon completion of the review process, the panel members will submit recommendations to the Thurston County Board of County Commissioners (BoCC) for consideration. T/MCDD staff provide technical and administrative support to the panel but do not participate in the process of selecting proposals for recommendation to the BoCC. The panel will review and discuss all proposals to: o Assess the level of need for the proposed services o Determine how each proposal will fulfill the need of available services to individuals with developmental disabilities o Evaluate whether the proposed services align with T/MCDD's mission o Consider whether the proposal is well-articulated and identifies realistic, attainable goals o Evaluate if the anticipated benefit to the community is in line with the cost of services To fully understand any proposal, the panel may request additional information to be presented in writing or may request to interview the applicant. For proposals requesting a continuance of currently provided services, the panel will additionally take into consideration factors measuring current contract performance and may suggest alterations to the proposal. The panel's final recommendation will be forwarded to the BoCC for approval. Contracts are for a maximum of two years and are scheduled to begin on January 1, 2024 and end no later than December 31, 2025. Up to $1,000,000 will be available for Thurston County contracts and up to $500,000 will be available for Mason County contracts. These amounts only apply to funding years 2024 and 2025. Future and continued funding is not guaranteed. Resources are limited and typically there are insufficient resources to fund all submitted proposals. The County prefers to award several smaller contracts rather than a limited number of larger contracts. Submission Instructions Completed proposal packets, including the application and any supporting documents, should be emailed in a single pdf attachment to.DDFunding@co.thurston.wa.us. All submissions should be sent by no later than 5:00pm PST on Friday, September 29, 2023. Proposal packets not emailed to this email address or that are received after this date will not be considered for funding. All proposal packets must contain the following: o County Coversheet and Narrative Questions o Proposed Budget Spreadsheet o Proposed Salary Spending Plan Spreadsheet T/MCDD program reserves the right to modify, reject or negotiate any proposal submitted with the proposing organization prior to recommending funding of the proposal. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Nichole Wilston Ext. 643 Department: Risk Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 25, 2023 Agenda Date: September 26, 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: The following Mason County Officers, Employee’s and Volunteer(s) request for Defense & Indemnification coverage assigned by the County as named defendants in the case of Matthew Collett #172141, Case No. 3:23-CV-5654-RAJ-DWC United States District Court Case: Joel Harris, Volunteer Chaplain, Mason County Sheriff’s Office. Background/Executive Summary: Per Ordinance No. 06-18, Mason County Policy and Procedure for Defense and Indemnity of Employees any officer, employee or volunteer who is subject to a claim for damages may request that Mason County authorize and provide the defense of the claim. The Board of County Commissioners shall authorize the payment for the defense and any nonpunitive monetary judgment awarded in the case as outlined in the Ordinance arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Per Ordinance No. 06-18 Mason County reserves the right to pay punitive monetary judgments entered against any of the named defendant’s, until, and if, a judgment is awarded. Requested Action: Approval of the following Mason County Officers, Employee’s and Volunteer(s) request for Defense & Indemnification coverage assigned by the County as named defendants in the case of Matthew Collett #172141, Case No. 3:23-CV-5654-RAJ-DWC United States District Court Case: Joel Harris, Volunteer Chaplain, Mason County Sheriff’s Office. Attachments: Matthew Collett #172141, Case No. 3:23-CV-5654-RAJ-DWC United States District Court Case on file with Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 25, 2023 Agenda Date: Click or tap here to enter text. Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Overview of the 2024 Proposed Budget 1st Draft Background/Executive Summary: The summary budget includes the maintenance level budget as of September 25, 2023 and the policy level requests for Commission review. Budget Impact (amount, funding source, budget amendment): See Attached Public Outreach (news release, community meeting, etc.): N/A Requested Action: Request the Board review the draft of the 2024 Mason County Budget for the General Fund by Department and all other County funds at the fund level Attachments: • 2024 Mason County Summary Budget as of September 25, 2023- General Fund by Department & all County funds at the fund level • Summary of 2024 Policy Level Requests (PLRs) by Department and Fund