HomeMy WebLinkAbout2024/01/08 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
January 8, 2024
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.
Commission meetings are live streamed at http://www.masonwebtv.com/ and public commented is
accepted via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th 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 01/03/24 at 12:36 PM
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of January 8, 2024
Monday
Noon WA State Association of Counties Zoom Meeting*
Virtual Assembly
Monday, January 8, 2024
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Executive Session – RCW 42.30.110 (1)(i) Potential Litigation
9:30 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
10:15 A.M. Evergreen State College – Sandy Kaiser & John Carmichael
10:30 A.M. Planning Advisory Commission Interview
10:35 A.M. WSU Extension – Dan Teuteberg
10:40 A.M. Auditor – Steve Duenkel
10:50 A.M. Sheriff’s Office – Lt. Schoeneberg
10:55 A.M. Public Health – David Windom
11:05 A.M. Community Development – Kell Rowen
11:15 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
11:20 A.M. Support Services – Mark Neary
Commissioner Discussion – as needed
Evergreen’s Shelton Promise
“Shelton Promise” is the name of a pilot proposal in Evergreen’s proposed 2024
supplemental budget.
The idea is to use existing federal and state financial aid as a foundation to make a simple and direct offer to all 2025 and 2026 Shelton graduates. That upfront offer is: admission to Evergreen, 100% paid-for tuition, and targeted support to get them to their degrees.
Why Shelton? A year after graduation, only 31% of Mason County’s Shelton School District
students are attending college, compared to 65% next door in the Olympia School District.
Even though most qualify for substantial financial aid, worry over how to pay tuition and
navigate college is a daunting barrier for Shelton students and their families.
Almost 70 percent of family-wage jobs in Washington require a post-secondary credential,
according to the Washington Roundtable. Evergreen can close this gap and help Shelton
students gain the degrees and credentials they will need for future employment.
The college is asking for $285,000 to fund the program in the first year and estimates the
total for four years to be $3.5 million.
THE EVERGREEN STATE COLLEGE
evergreen.edu
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Dan Teuteberg
Ext. 686
Department: WSU Extension
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
2024 Mason County Noxious Weed List
Background/Executive Summary:
This is to share a news release notifying the public that the Mason County Noxious Weed Control Board will
hold a Public Hearing to adopt the 2024 Mason County Noxious Weed List at their regular board meeting on
Friday, February 9, 2024 at 5:00 p.m. in the Mason County Board of County Commissioners Chambers.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
News Release
Requested Action:
Attachments:
News Release
NEWS RELEASE
January 16, 2024
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Mason County Noxious Weed Control Board
The Mason County Noxious Weed Control Board will hold a Public Hearing to adopt the
2024 Mason County Noxious Weed List at the regular board meeting on Friday, February
9, 2024 at 5:00 p.m. in the Mason County Board of County Commissioners Chambers (411
N 5th Street, Shelton, WA 98584). The public is welcome to participate and can contact
the Mason County Noxious Weed Control Board for more information.
The Board, which is responsible for administering Mason County’s Noxious Weed Control
Program under RCW 17.10, will hold its regular board meetings at 9:00 a.m. at the Mason
County WSU Extension Office (303 N 4th Street, Shelton, WA 98584) on the following
Friday’s: January 12, April 12, June 14, August 9, and October 11, 2024.
Please direct all questions, comments, or concerns to the Mason County Noxious Weed
Control Program at (360) 427-9670 ext. 680 or email weeds@masoncountywa.gov.
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Randy Neatherlin,
Chair
______________________
Kevin Shutty,
Vice-Chair
______________________
Sharon Trask,
Commissioner
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Dan Teuteberg
Ext. 686
Department: WSU Extension
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
2024 Interagency Agreement and Appendix A between Washington State University Extension and Mason
County
Background/Executive Summary:
This 2024 Interagency Agreement update between Washington State University (WSU) Extension and Mason
County includes non-discrimination language and provides funding for the WSU Extension to provide
programs in Mason County based upon the 2024 Mason County Budget.
Budget Impact (amount, funding source, budget amendment):
$94,725 included in the adopted 2024 Budget.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the Chair to sign the 2024 Interagency Agreement and Appendix A between Washington State
University Extension and Mason County for the amount of $94,725.
Attachments:
Interagency Agreement
Appendix A
December 19, 2023 1
INTERAGENCY AGREEMENT
Between
WASHINGTON STATE UNIVERSITY EXTENSION
And
___________________County
I. Mission Statement
Washington State University Extension engages people, organizations and communities to
advance knowledge, economic well-being and quality of life by fostering inquiry, learning, and
the application of research. This mission is carried out using research and experience-based
educational programs from colleges and departments dispersed throughout the WSU system, which
address important issues and needs of individuals and communities in all 39 counties in the state of
Washington. WSU Extension is enabled for this task as the Land Grant Institution for Washington
through partnerships with county, state, and federal governments.
II. Purpose
The purpose of this agreement is to formalize the longstanding relationships between Washington
State University Extension and County Government. This also continues a longstanding, joint
funding relationship for county/area Extension faculty and designated support staff. This agreement
conforms to the standards for interagency agreements set forth in RCW 39.34.030 and
RCW 39.34.130.
III. Under terms of this Interagency Agreement, Washington State University Extension agrees to:
A. Recruit, employ and esta blish salaries for county/area Extension Educators and designated WSU
support staff for County. Employment concurrence will be sought from County Commissioners
before an individual is hired and assigned to the County.
B. Assure that salary increase monies will be available for Extension Educators and designated
support staff based on criteria established by the Washington State Legislature and Washington
State University President.
C. Supplement the funds received from the county professional services contract and pay salary and
fringe benefits for each county/area Extension Educator and designated staff members.
D. Submit to the County quarterly an invoice for 1/4 of the contract amount. Quarterly invoices to
be billed Jan, April, July, and October by the 10th of the month and payable on the 25th of the
month, or on a schedule mutually agreed upon between WSU and the County. This is a fixed
price agreement. First invoice will not be billed to the County until there is a fully executed
agreement in place.
E. In cases where position vacancies occur due to separations during a contract period, the counties
will be invoiced to cover the county portion of annual leave and sick leave payout.
December 19, 2023 2
F. Provide fringe benefits to county/area Extension Educators as outlined in the WSU Faculty
Manual and provide fringe benefits to support staff as specified by the applicable agreement,
policy, or law.
G. Grant annual leave, sick leave, professional leave, other leave and holidays as outlined in the
WSU Faculty Manual for county/area Extension Educators or by the applicable agreement,
policy, or law for jointly funded or fully WSU funded support staff.
H. Provide in-service education for county/area Extension faculty members.
IV. Under terms of this Interagency Agreement, County will:
A. Pay the amount agreed upon monthly, or as mutually agreed upon, to Washington State
University for Extension education services to be rendered in County. This professional services
contract, is known as a fixed price “Appendix A” to this agreement, shall be for a term of one
calendar year and will be negotiated prior to the beginning of each calendar year.
B. Promptly pay the invoice voucher from Washington State University. Quarterly invoices to be
billed Jan, April, July, and October by the 10th of the month and payable on the 25th of the
month, or on a schedule mutually agreed upon between WSU and the County. This is a fixed
price agreement. First invoice will not be billed to the County until there is a fully executed
agreement in place.
C. The county agrees to pay the “county portion” of accumulated leave payments for contracted
personnel due to separation.
D. Contingent upon approval of the Board of County Commissioners or County Executive, the
county will continue to support contracted personnel on professional or retraining leave.
E. Furnish office facilities for faculty and support staff.
F. Provide an adequate operating budget to carry out Extension educational programs for citizens of
the County. This budget will cover secretarial and support staff salaries not covered by this
Agreement and telephone, office equipment, teaching and office supplies and travel costs.
V. Washington State University and County jointly agree that:
A. Additional program support staff positions may be employed and fully funded by either party to
assist in carrying out Extension educational programs in the County.
B. This Interagency Agreement is effective upon being signed by appropriate representatives of the
two organizations. It may be periodically reviewed and amended or supplemented as may be
mutually agreed upon in writing.
VI. Non-Discrimination
A. There will be no discrimination, discriminatory harassment, retaliation or bullying in the
performance of this agreement on the basis of race, religion, creed, color, national origin, sex,
marital status, sexual orientation (including gender identity), age, genetic history, honorably
discharged veteran or military status, the presence of any sensory, mental, or physical disability,
or any other protected status, in compliance with applicable federal and Washington state laws in
all of Extension programs, services, activities, and materials, including services rendered or
received through contracts and agreements with subrecipients.
December 19, 2023 3
B. Here are the applicable Federal civil rights laws: Title VI of the Civil Rights Act of 1964 (Pub.
L. No. 88-352), as amended; the Civil Rights Restoration Act of 1987 (Pub. L. No. 100-259);
Presidential Executive Order 11246, as amended, including the Equal Opportunity Clause
contained therein; Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam
Era Veterans Readjustment Act of 1974, as amended, and the Affirmative Action Clauses
contained therein; the Americans with Disabilities Act of 1990, as amended.
VII. Terms of Modification or Termination of this Agreement:
A. This Interagency Agreement may be modified by the parties when mutually agreed upon in
writing. This Agreement shall continue in effect until terminated following mutual discussion
and agreement. Should the parties be unable to agree on the level of support for professional
services of Extension Educators and jointly funded staff in an upcoming contract period
specified in Appendix A to this document, either party may terminate the contract. However,
written notice of termination must be received before October 1 for termination effective January
1 of the next year.
VIII. Records Retention
A. Both Washington State University and the County will maintain records which are sufficient
and properly reflect all costs incurred under terms of this Interagency Agreement. These
records will be retained as set forth in the applicable retention schedule or six years, whichever
is less.
APPROVED:
_________________________________ _____________________________________
Dr. Vicki McCracken Date County Commissioners Date
Associate Dean and Director or County Executive
WSU Extension
_________________________________
Matthew Michener Date
Assistant Director
Office of Research Support and Operations
December 19, 2023 4
INTERAGENCY AGREEMENT
Between
WASHINGTON STATE UNIVERSITY EXTENSION
And
____________________County
APPENDIX A
The following funds will be provided under this Memorandum of Agreement for the period
________________ through ___________________ to provide an extension program.
Federal Funds $ Non-Federal Funds $
TOTAL FUNDS $
It is understood that non-Federal funds provided by the County in support of this agreement may be
identified by WSU as match for Federal capacity program (Hatch Act, Smith -Lever Act, etc.) funds
received by WSU to support Extension activities.
Number
$ Amount for
County Portion
______________ County Director * $ ______________
______________ Extension Faculty $ ______________
______________ Administrative Professional $ ______________
______________ Classified Staff $ ______________
______________ Time-Slip (Hourly) $ ______________
*Includes department head responsibilities for one Extension Educator.
_________________________________ _____________________________________
Dr. Vicki McCracken Date County Commissioners Date
Associate Dean and Director or County Executive
WSU Extension
_________________________________
Matthew Michener Date
Assistant Director
Office of Research Support and Operations
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Steve Duenkel
Ext. 468
Department: Auditor's Office
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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 Citizens’ Commission on Salaries Resolution
Background/Executive Summary:
The Mason County Board of County Commissioners has expressed interest in a salary commission.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
News Release
Requested Action:
Approval of the Resolution establishing a Mason County Citizens’ Commission on Salaries for Elected
Officials pursuant to RCW 36.17.024.
Attachments:
Resolution
(PROPOSED)
RESOLUTION No. __________
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MASON COUNTY ESTABLISHING THE MASON
COUNTY CITIZENS’ COMMISSION ON SALARIES FOR ELECTED OFFICIALS PURSUANT TO RCW 36.17.024.
WHEREAS, consistent with the provisions of RCW 36.17.024, the Board of County Commissioners of
Mason County desires to create an independent salary commission to the set the salaries of the County
Commissioners and;
WHEREAS, consistent with the provisions of RCW 36.17.20, a county commissioner salary commission
conforming with RCW 36.17.24 is authorized to establish the salaries the salaries of elected officials of
the county;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Mason County as follows;
SECTION 1 ESTABLISHMENT OF THE MASON COUNTY CITIZENS’ COMMISSION ON SALARIES
Consistent with the provisions of RCW 36.17.024 there is hereby created a Mason County Citizens’
Commission on Salaries (Commission) which shall set the salaries of the County Commissioners and
other Elected Officials based on their study and analysis of the relationship of the salaries to the duties /
statement of work for each office and fix the salary for each position. Except as provided in this
resolution, the Commission shall be solely responsible for its organization, and shall enjoy the fullest
cooperation of all elected officials, departments, and agencies of the County. The Commission will
consist of ten (10) members. The composition of the Commission shall be as follows:
a. Six of the ten members shall be selected by lot by the County Auditor from among those
registered voters eligible to vote at the time persons are selected for appointment to full
terms on the Commission under Section 2 – Terms. The County Auditor shall select two
commission members living in each County Commissioner district. The County Auditor shall
establish policies and procedures for conducting the selection by lot. The policies and
procedures shall include but not be limited to, those for notifying persons selected for and
for providing a new selection from a County Commissioner’s district if a person selected
from the district declines appointment to the Commission or, if, following the person’s
appointment, the persons position on the Commission becomes vacant before the end of
the person’s term of appointment.
b. The remaining four of the ten commission members must be residents of Mason County and
shall be appointed by a majority vote of the Board of County Commissioners. The persons
selected under this subsection shall have experience in the field of personnel management
or a related field.
c. Members of the Commission may not include any officer, official, or employee of Mason
County whose salary will be studied in the Commission’s responsibilities set forth
hereinafter, nor any “immediate family member: of such officer, official or employee.
“Immediate family member” as used in this subsection means the parents, spouse, siblings,
children, or dependent relatives of the officer, official or employee, whether or not living in
the household of the officer, official, or employee.
SECTION 2: TERMS
Appointments to the Commission shall be for terms of two years with the first term ending December
31, 2026. Thereafter, all members shall serve for two years. No person may be appointed to more than
two such terms.
No member of the Commission shall be removed by the Board of County Commissioners during his or
her term of office unless for cause of incapacity, incompetence, negligence of duty, or malfeasance, or
for a disqualifying change of residence. Removal will require a majority vote of the Board of County
Commissioners.
SECTION 3: VACANCIES
Upon a vacancy in any position on the Commission a successor shall be selected to and appointed to fill
the unexpired term in the same manner as the initial appointment and the appointee shall fill the
expired term. The selection and appointment shall be concluded within thirty days of the date the
position becomes vacant and shall be conducted in the same manner as for the original appointment.
SECTION 4: OFFICERS
The Commission shall elect a Chair, Vice Chair, Secretary and such other officers as deemed necessary.
The Chair or his or her designee shall preside over all meetings and shall be a voting member of the
Commission.
SECTION 5: RULES REGULATIONS AND ASSISTANCE
The Commission shall be subject to the provisions of the Open Meetings Act Chapter 42.30 RCW. The
Commission shall meet biennially; however, the Commission may meet as frequently as it deems
necessary. It shall keep minutes of all meetings and shall further adopt bylaws for the transaction of
business. The setting of salaries shall be by an affirmative vote of not less than seven members.
The Auditor’s Office staff working with the Human Resources Director of the County shall assist the
Commission by providing information and other such assistance as the Commission requests.
SECTION 6: COMPENSATION – EXPENSES
The members of the Commission shall serve without compensation and / or per diem, however they will
be reimbursed for their mileage costs.
SECTION 7: POWERS AND DUTIES OF THE COMMISSION
a. The Commission shall prepare a schedule of salaries for the Board of Commissioners and
other elected officials for the succeeding two calendar years.
b. The Commission shall set salaries of the County Commissioners and other Elected Officials.
Any change in salary shall be filed by the Commission with the County Auditor no later than
May 1, 2024, and no later than May 1st every two years thereafter. The Commission Chair
shall sign each salary schedule filed, certifying that the schedules have been prepared and
filed in accordance with this resolution, state law, and any rules, if any, of the Commission.
Salaries filed shall become effective and incorporated into the county budget without further
action of the Board of County Commissioners or the salary commission and become
effective January 1st of the following calendar year. If the initial determination of salaries,
after the Commission is formed, results in an increase in the salary to an elected official, that
increase shall take effect immediately upon filing of the salary with the County Auditor. All
subsequent increases in salary shall take effect on January 1st of the year following the filing
with the County Auditor.
c. Salary increases established by the Commission shall be effective as to all County
Commissioners and Elected Officials regardless of their term in office.
d. The action of fixing the salary of the County Commissioners and Elected Officials shall
supersede any other provision of county ordinance related to budgets or fixing of salaries.
e. Salary decreases established by the Commission shall become effective as to incumbent
County Commissioners and Elected Officials at the commencement of their next subsequent
terms in office.
SECTION 8: REFERENDUM
a. Salary increases and decreases shall be subject to referendum petition by the people of
Mason County in the same manner as a county ordinance upon filing of such petition with
the County Auditor within thirty days after filing of the salary schedule. In the event of the
filing of a valid referendum petition, the salary increase or decrease shall not go into effect
until approved by a vote of the people.
b. The referendum measures under this section shall be submitted to the voters of Mason
County at the next following general or special election occurring thirty days or more after
the petition is filed.
SECTION 9: SEVERABILITY
If any provision of this resolution or its application to any person or circumstance is held invalid, the
remainder of the resolution or the application of the provision to other persons or circumstances is not
affected.
PASSED AND ADOPTED this ____ day of _________ 2024.
_________________________________
Randy Neatherlin, Chair
_________________________________
Kevin Shutty, Vice Chair
__________________________________
Sharon Trask, Member
Approved as to form:
____________________________
Tim Whitehead
Chief Deputy Prosecuting Attorney
Attest:
____________________________
McKenzie Smith, Clerk
Board of County Commissioners
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Lt. Shane Schoeneberg
Ext. 369
Department: Jail
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Lewis County Prisoner Housing Contract Extension
Background/Executive Summary:
The original contract with Lewis County to house prisoners was executed May, 16 2023 and set to expire
December 31, 2023. On December 19, 2023 the daily rate increased from $92.40 per day to $94.27 per day.
This contract amendment will extend the contract to December 31, 2024. The Jail has not utilized this contract
but has it in place for exigent circumstances.
Budget Impact (amount, funding source, budget amendment):
None anticipated or forecasted for 2024.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval to extend the Interlocal Agreement for use of jail facilities with Lewis County to December 31, 2024.
Attachments:
Amendment
AMENDEMENT TO INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES
MASON COUNTY SHERIFF’S OFFICE
AMENDMENT NO. 2
This INTERLOCAL AGREEMENT AMENDMENT is made and entered into between
LEWIS COUNTY, a municipal corporation, with its offices at 28 SW CHEHALIS AVENUE,
CHEHALIS WA 98532-1900, hereinafter “COUNTY”, AND MASON COUNTY SHERIFF’S
OFFICE, located at 411 N. 4th Street, Shelton, WA 98584, hereinafter “CONTRACT AGENCY”.
In consideration of the mutual benefits and covenants contained herein, the parties
agree that the Interlocal Agreement executed on May 16, 2023 and amended on October 2,
2023, shall be amended as follows:
1. Subsection 4(a), Daily Rate shall be amended to read:
In return for the County’s housing of an inmate of the Contract Agency, the Contract Agency shall
pay the County Ninety-four dollars and twenty-seven cents ($94.27) for every calendar day said
inmate is in the custody of the County. Such time period shall be measured from the time said
inmate is transferred to the custody of the County and ends when the Contract Agency resumes
custody.
2. Except as expressly provided in this Amendment to the Interlocal Agreement, all other
terms and conditions of the original Interlocal Agreement remain in full force and effect.
3. Subsection 16(e), Attorney fees shall be added to read:
Should any legal proceeding or other enforcement mechanism be commenced between or by
the Parties concerning or related to this Agreement or the rights and duties of either in relation
to this Agreement, the Party prevailing in such proceeding shall be entitled, in addition to such
other relief as may be granted, to a reasonable sum as and for such Party’s reasonable
attorneys’ fees, expenses, and costs.
4. Section 22, Duration shall be amended to read:
This Agreement will remain effective through December 31st, 2024, unless terminated by either
party under the terms set forth in Section 20 above. Nothing in this Agreement shall be
construed to make it necessary for the Contracting Agency to continuously house inmates with
the County.
Executed this_____ day of________________, ______.
CONTRACT AGENCY:
Mason County Sheriff’s Office Lewis County Sheriff’s Office
By: Ryan Spurling, Sheriff By: Robert R. Snaza, Sheriff
(Authorized Representative) (Authorized Representative)
Signature:_____________________ Signature:______________________
Briefing
January 8, 2024
Briefing Items
→ Consolidated Contract (CONCON) amendment no. 16 – David Windom
→ Health Officer wage increase – David Windom
→ Women, Infants, and Children (WIC) space agreement – Melissa Casey
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: David Windom
Ext. 260
Department: Public Health
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Consolidated Contract Amendment # 16
Background/Executive Summary:
This amendment adds new funding and a statement of work for Public Health infrastructure to establish,
expand, train, and sustain the Local Health Jurisdiction (LHJ) workforce ($200,000). The contract also
includes funding and statements of work for the Drug User Health Program ($187,500) and vector control
(mosquito).
Budget Impact (amount, funding source, budget amendment):
Additional funds from State sources total $385,195.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the Public Health and Human Services Director to sign the Consolidated Contract (CONCON)
amendment no. 16 for additional funding in the amount of $385,195.
Attachments:
Contract
MASON COUNTY PUBLIC HEALTH
2022-2024 CONSOLIDATED CONTRACT
Page 1 of 33
CONTRACT NUMBER: CLH31019 AMENDMENT NUMBER: 16
PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as "DOH", and
MASON COUNTY PUBLIC HEALTH, a Local Health Juris di ction, hereinafter referred to as "LHJ", pursuant to the
Modification s/Waivers cl ause, and to make nece ssary changes within the scope of thi s contract and any subs equent amendments
thereto.
IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:
1. Exhibit A Statements of Wor k, includes the following sta tem ent s of work, which are incorporated by this re feren ce and located on
the DOH Finance SharePoint site in the Upload Center at the following URL:
https://stateofwa .sharepoint. com/sites/ doh-ofsfundingresources/s itepages/home.aspx?=e I :9a94688da2d94d3ea80ac7 fbc3 2e4d7 c
~ Adds Statements of Work for the following programs:
Infectiou s Disease-Syndemic Prevention Services-SSP -Effective January 1, 2024
Office of People Services-HR-Public Health Infrastructure Grant -Effective Januaty I , 2024
~ Amends Statements of Work for the following programs:
Foundational Public Health Services (FPHS) -Effective July I , 2023
Office oflnununization COVID-19 Vaccine -Effective Januaty 1, 2022
Office oflmmunization-Perinatal Hepatitis B -Effective July 1, 2023
Office oflmmunization-Promotion oflmmunizations to Improve Vaccination Rates -Effective July 1, 2023
Zoonotic Disease Program-WNV Mosquito Surveillance -Effective June 1, 2022
0 Deletes Statements of Work for the following programs :
2. Exhibit B-16 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B-15 A llo ca tions as follows:
Increase of $385,195 for a revised maximum consideration of $6,814,592.
Decrease of for a revised maximum considerat ion of __
D No change in the maximum consideration of __ .
Exhibit B Allocations are attached only for informational purposes.
Unless designated otherwise herein, the effective date of thi s amendment is the date of execution .
ALL OTHER TERMS AND CONDITIONS of the original con tract and any subsequ ent amendments remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affi xe d hi s/her signature in execution thereof.
MASON COUNTY PUBLIC HEALTH
Signature:
Date:
STATE OF WASHINGTON
DEPARTMENT OF HEALT H
Signature:
Date:
APPROVED AS TO FORM ONLY
Assistant Attorney Genera l
Page 1 of 1
EXHIBIT B-16 Page 2 of 33 Mason County Public Health ALLOCATIONS Contract Number: C L H31019
Contract Term: 2022-2024 Date: December 1, 2023
Indirect Rate January 1, 2022 thr ough December 31, 2022 : 17.26%
Indirect Rate January 1, 2023 through December 31, 2023: 18.44% DOH Use Only
BARS Statement of W ork C hart of Accounts Funding C hart of
Feder al Award Assist Revenue LHJ Funding P eriod Funding Period P eriod Accounts
Cha rt of Accounts P rogram Title Identifi cation # A mend # Lis t #* Code** Start D ate End D ate St art Date End D ate Amount SubTotal Total
FFY23 PHEP B PS LHJ Funding NU90TP922043 Amd 14 93 .069 333.93.06 07/01/23 06/30/24 0 7/01/23 06/30/24 $49.342 $49.342 $133.143
FFY22 PHEP BP4 LHJ Funding NU90TP922043 Amd7 93 .069 333.93.06 07/01/22 06/30/23 0 7/01/22 06/30/23 $4 9.34 2 $49.342
FFY2 1 PHEP BP3 LHJ Funding NU90TP922043 Amd2 93.069 333.93.06 01/0 1/22 06/30/22 07/01/2 1 06/30/22 $34,459 $34.459
FFY22 Overdose Data to Action Prev NU l 7CE925007 Amd 10 93.136 333.93.13 09/0 1/22 08 /31/23 09/01/22 08/31/23 S56.938 $106,938 $144,746
FFY22 Overdose Data to Action Prev NUl 7CE925007 Amd7 93.136 333.93.13 09/0 1/22 08/31 /23 09/01/22 08/3 1/23 $50,000
FFY2 l Overdose Data to Action Prev NU! 7CE925007 Amd4 93.136 333.93.13 01 /0 1/22 08 /31/22 09/01/2 1 08/31/22 $2,696 $37,808
FFY2 l Overdose Data to Action Prev NU! 7CE925007 Amd 3 93.136 333.93.13 01 /01 /22 08 /3 1 /22 09/0 I /2 1 0 8/31/22 $35 ,112
FFY24 CDC PPHF' Ops NH23 IP 9226 l 9 Amd 14 93.268 333.93.26 07/01 /23 06/30/24 07/01/23 06/30/24 S50 $550 $550
FFY24 CDC PPHF' Ops NH23IP922619 Amd 13 93.268 333.93.26 07/01 /23 06/30/24 07/01/23 06/30/24 $500
FFY24 CDC VFC Ops NH23 IP 9226 l 9 Amd 14 93.268 333 .93 .26 07/01 /23 06/30/24 07/01/23 06/30/24 $560 $6,160 $6,160
FFY24 CDC VFC Ops NH23 IP 9226 l 9 Amd 13 93.268 333.93.26 07/01 /23 06/30/24. 07/01/23 06/30/24 $5.600
COVID 19 Vaccines NH23IP9226 19 Amd4 93.268 333.93.26 0 1/01 /22 06/30/24 07/01/20 06/30/24 $354 .803 $354 .803 $354,803
COVID 19 Vaccines R4 NH23IP92 26 l 9 Amdl 93.268 333 .93.26 0 1/01/22 06/30/24 07/0 1/20 06/30/24 $354,803 $354,803 $354.803
FFY23 PPHF Ops NH23IP922619 Amd7 93.268 333 .93.26 07/01 /22 06/30/23 07/0 1/22 06/30/23 $500 $500 Sl.000
FFY22 PPHF Ops NH23IP922619 Amd3 93 .268 333.93.26 01 /01/22 06/30/22 07/01 /21 06/30/22 $500 $500
FFYl9 COVID CARES NU50CK0005 l 5 Amd2. 3 93.323 333.93.32 01 /01/22 06/30/22 04/23/20 07/31/24 $65,595 $65,595 $65,595
FFY19 ELC COVID Ed LHJ Allocation NU50CK000515 Amd3, II 93.323 333.93.32 01 /01 /22 01 /3 1/23 05/19/20 01/31/23 ($29,966) $2 13,06 1 $213,061
FFYI9 ELC COVID E d LHJ Allocation NU50CK000515 Amd2, I I 93.323 333.93.32 01 /0 1/22 01 /31 /23 05/19/20 01 /31/23 $243,027
FFY20 ELC EDE LHJ Allocation NU50CK00051 5 Am d 7. 9 93.32 3 333.9 3.3 2 01 /01 /22 07/3 1/23 01 /15/2 1 07/3 1/24 ($2 7,095) $867,729 $867,729
FFY20 ELC EDE LHJ Allocation NU50CK0005 I 5 Amd 3, 9 93.323 333.93.32 0 I /0 I /22 07/31 /23 0 1/15/21 07/31/24 ($30)
FFY20 ELC EDE LHJ Allocation NU50CK0005 15 Amd2,9 93.323 333.93.32 0I /01 /22 07/31 /23 01 /15/21 07/31/24 $894,854
FFY23 Vector-borne T2&3 Epi ELC FPH NUSOCK000515 Amd 16 93.323 333.93 .32 08/01/23 09/3 0/23 08/01/23 09/30/23 $195 $1 ,3 95 $8.695
FFY23 Vector-borne T2 &3 Epi ELC FPH NU50CK000515 Amdl2 93.323 333 .93.32 08/01 /23 09/30/23 08/01/2 3 09/30/23 $1.200
FFY22 Vector-borne T2&3 Epi ELC FPH NU50CK000515 Amd 12 93 .323 333.93.32 08/01 /22 07/31 /23 08/01/22 07/31/23 $1.800 $4,550
FFY22 Vector-borne T2&3 Epi ELC FP H NU50CK0005!5 Amd5.12 93.323 333.93.32 08/01 /22 07/31/23 08/01/22 07/31/2 3 $2 .750
FFY2 l Vector-borne T2&3 Epi ELC FPH NU50CK0005 I 5 Amd5 93 .323 333.93.3 2 06/01 /22 07/31 /22 08/01/21 0 7/3 1/22 $2 ,750 $2 ,750
FFY21 CDC COVID-19 PHWFD-LHJ NU90TP922181 Amdl5 93.354 333 .93.3 5 07/01 /23 06/30/24 07/01 /23 06/30/24 $100 ,000 $100 ,000 $100,00 0
FFY22 PH Infrastructure Comp A 1-LHJ NE 11 OE000053 Amd 16 93 .967 333.93.96 01 /01/24 12/31/24 12/01/22 06/30/25 $200.000 $200.000 $200,000
Page I of3
EXffiBIT B-16 Page 3 of 33
Mason County Public Health ALLOCATIONS Contract N umber: CLH31019
Contract Term : 2022-2024 Date: December 1, 2023
Indirect Rate January 1, 2022 thr oug h December 31, 2022: 17.26%
I ndirect Rate January 1, 2023 through December 31, 2023: 18.44% DOH Use Only
BARS S tatement of Work Chart of Accoun ts Funding Chart of
Federal A ward Assist Revenue LHJ F unding Period Fun ding Period Period Accounts
Chart of Accounts Program Title Identification # Amend # List#* Code** Start Date End Date Start Date End Date Amount SubTotal Total
FFY24 HRSA MCHBG LHJ Contracts NGA Not Received Amd 14 93.994 333.93.99 10101123 09130124 I 0101/23 09130124 $67.694 $67.694 $122,553
FFY23 HRSA MCHBG LHJ Contracts B04MC47453 Amd 14 93.994 333.93.99 10101122 09130123 10101/22 09130123 ($12,835) $54,859
FFY23 HRSA MCHBG LHJ Contracts B04MC47453 Amd7 93.994 333.93.99 I 0101122 09130123 10101122 09130123 $67,694
FFY22 HRSA MCHBG Special Proj B04 MC4525I Amd 14 93.994 333.93.99 I 0101 122 09130123 1010112 2 09130123 $22.194 $22 ,194 $22.194
FFY22 MCHBG LHJ Contracts B04MC4525I Amd l 93.994 333.93.99 0 1101 122 0913012 2 10101/21 09130122 $50 ,770 $50,770 $50,770
GFS-Group B (FO-SW) Amd 10 NIA 334.04.90 01 101/23 06130123 07101 122 06130123 $6,469 $6,469 $12,938
GFS-Group B (FO-SW) Amdl NIA 334.04.90 01 101/22 06130122 07101 121 06130122 $6,469 $6,469
SFY25 Drug User Health Program Amd 16 NIA 334.04.91 07101/24 12/31/24 07101 124 06/30125 $92 .500 $92.500 $187.500
SFY24 Drug User Health Program Amd 16 NIA 334.04.91 01/01/24 06130/24 07101/23 06/30/24 $92,500 $92 .500
SFY24 Drug User Health Program Amd 13 NIA 334.04.91 07101 123 12/31123 07101 123 06130124 $2,500 $2.500
State Drug User Health Program Amd 12 NIA 334.04.91 02101 123 06130123 07/01/23 12131123 $5.000 $5.000 $5.000
State TB Control-FPH Amd9 NIA 334.04.91 10101122 06130123 07/01/21 06130123 $500 $500 $500
Rec Shellfisb/Biotoxin Amd 13 NIA 334.04.93 07101123 12131124 07101/23 06130125 $5.250 $5,250 $10,500
Rec Shellfisb/Biotoxin Amd I NIA 334.04.93 01 101 122 06130123 07101/21 06130123 $5,250 $5,250
Small Onsite Management (GFS) Amd 15 NIA 334.04.93 07101 124 12/31124 07101/23 06130125 ($53 ,636) $0 $0
Small Onsite Management (GFS) Amd 13 NIA 334.04.93 07101 124 12131 124 07101123 06130125 $53 ,636
Small Onsitc Management (G FS) Amd 15 NIA 334.04.93 07101 123 06130124 07101/23 06130125 ($45 ,000) so
Small Onsitc Management (GFS) Amd 13 NIA 334.04.93 07101123 06130124 07101/23 06 130125 $45,000
SFY25 Wastewater Management-GFS Amd15 NIA 334.04.93 07101124 12131 124 07101 123 06130125 $53 ,636 $53 ,636 $173,636
SFY24 Wastewater Management-GFS Amd 15 NIA 334.04.93 07101 123 06130124 07101 123 06130125 $45,000 $45,000
Wastewater Management-GFS Amd 1 NIA 334.04.93 0710 1122 06130123 07101 121 06130123 $60,000 $60.000
Wastewater Manageme nt-GF S Amdl NIA 334.04.93 07101 122 06130123 07101 121 06130123 $15,000 $15.000
FPHS-LHJ-Proviso (YR2) Amd6 NIA 336.04.25 07101 122 06130123 07101/21 06130123 $1.266,000 $1.266.000 $1.603.116
FPHS-LHJ-Proviso (YR2) Amd7 NIA 336.04.25 07101/22 06130123 07101/21 06130123 ($761.000) $0
FPHS-LHJ-Proviso (YR2) Amd I NIA 336.04.25 07101 122 06130123 07101121 06130123 $761.000
FPHS-LHJ-Proviso (YR!) Amd9 NIA 336.04.25 01 101 122 06130122 07101 121 06130123 ($423 ,884) $337,11 6
FPHS-LHJ-Proviso (YRI) Amdl NIA 336.04.25 01 101 12 2 06130122 07101 121 06130123 $761 ,000
SFY24 FPHS-LHJ-F unds-GFS Amd 14 NIA 336.04.25 07101 123 06130124 07101123 06130125 $832.000 $2,098,0 00 $2.098.000
SFY24 FPHS-LHJ-Funds-GFS Amd 13 NIA 336.04.25 07101 123 06130124 07101 123 06130125 $1 ,266,000
Page 2 of3
Mason County Public Health
I ndirect Rate January 1, 2022 through December 31, 2022: 17.26%
Indirect Rate January 1, 2023 th rough December 31, 2023: 18.44%
Chart of Accounts Program Title
YR 25 SRF -Local Asst ( 15%) SS
YR 25 SRF-Local Asst (15%) SS
YR 25 SRF-Local Asst (15%) SS
YR24 SRF -Local Asst (15%) (FO-SW) SS
YR24 SRF -Local Asst (15%) (FO-SW) SS
Sanitary Survey Fees SS-State
Sanitary Survey Fees SS-State
Sanitary Survey Fee s SS-State
Sanitary Survey Fees SS-Statc
Sanitary Survey Fees SS-State
YR 25 SRF -Local Asst (15%) TA
YR24 SRF -Local Asst (15%) (FO-SW) TA
TOTAL
Total consideration:
GRAND TOTAL
*Catalog of Federal Domestic Assistance
F ederal Award
Identification#
$6,429,397
$385,195
$6,814,592
**Federal revenue codes begin with "333". State revenue codes begin with "334".
Amend #
Amd 15
Amd 14
Amd 11
Amd7
Amdl
Amd 15
Amd 14.15
Amd 11, 15
Amd7, 11.15
Amd 1.11.15
Amd 11
Amd I
EXHIBIT B-16
ALLOCATIONS
Contract Term: 2022-2024
DOH Use Only
BARS Statement of Work Chart of Accounts
Assist Revenu e LHJ Funding Period Funding Period
List #* Code** Start D ate End Date Start Date End Date
NIA 346.26.64 01 101124 12131 124 07101 123 06130125
NIA 346.26.64 01 10 1123 12131 123 0 1/01 123 12/31/23
NIA 34 6.26.64 01 101 123 12131 123 01/01 123 12/3 1123
NIA 34 6.26.64 01/01/22 12131122 0710 1121 06130123
NIA 346.26.64 01 /01 122 12131 122 07101 121 06130123
NIA 346.26.65 0 l/01 122 12131 124 0710 1121 12131 124
NIA 346.26.65 01/01122 12131/24 07101121 12131 124
NIA 346.26.65 01 101 122 12131/24 07101 121 12131 124
NIA 346.26.65 01 10 1122 12131 124 07101 121 12131/24
NIA 346.26.65 0l/01/22 12131/24 07/01 121 12131124
NIA 346.26.66 0 1101 123 12/31123 01 101/23 1213 1/23
NIA 346.26.66 01 101 122 12131 122 07101/21 06130123
Page 3 of3
Page 4 of33
Contract Number: CLH31019
Amount
$13,800
$800
$10,800
$1 ,400
$11.000
$13,800
$800
$10,800
$1.400
Sll,000
Sl .000
$1,000
$6,814,592
Date: Dec ember 1, 2023
Funding
Period
SubTotal
$13.800
SI 1.600
$12,400
$37,800
$1,000
$1,000
$6,814,592
GRAND TOTAL
Total Fed
Total State
Chart of
Accounts
Total
$37.800
$37,800
$2,000
$6,814,592
$2,645,802
$4,168,790
Exhibit A
Statement of Work
Contract Term : 2022-2024
Page 5 of33
DOH Program Name or Title: Foundational Public Health Services (FPHS) -
Effective July 1, 2023
Local Health Jurisdiction Name: Mason County Public Health
Contract Number: CLH31019
SOW Type: Revision Revision # (for this SOW) 2 Funding Source Federal Compliance Type of Payment
D Federal <Select One> ( check if applicable) D Reimbursement
i:gJ State D FF AT A (Transparency Act) i:gJ Periodic Distribution
D Other 0 Research & Development Period of Performance: July 1, 2023 through June 30, 2024
Statement of Work Purpose: Per RCW 43.70.512, Foundational Public Health Services (FPHS) funds are for the governmental public health system: local health jurisdictions,
Department of Health, state Board of Health, sovereign tribal nations and Indian health programs. These funds are to build the system 's capacity and incr ease the avai labi lity of
FPHS services statewide.
Revision Purpose: Correcting BARS expenditure code typo and updating Master Index Code Chart of Accounts Title to match the title in the new 2025 biennium chart of
accounts.
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation
SFY24 FPHS-LHJ FUNDS-GFS 99210840 N I A 336.04.25 07/01 /23 06/30/24 2.098.000 0 2 .098.000
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 2,098,000 0 2,098,000
Task
Payment
# Activity Deliverables/Outcomes Due Date/Time Frame Information and/or
Amount
I FPHS funds to each LHJ -See below in Program Specific See below in Program Specific See below in Program Specific $629,000
Reguirements -Activity Special Instructions for details Reguirements -Deliverables Reguirements -Deliverables
? Assessment Reinforcing Capacity-See below in Program Specific See below in Program Specific See below in Program Specific $60,000 -Reguirements -Activity Special Instructions for details Reguirements -Deliverables Reguirements -Deliverables
3
Assessment -CHA/CHIP -See below in Program Specific See below in Program Specific See below in Program Specific $30,000
Reguirements -Activity Special Instructions for details Reguiremen ts -Deliverables Reguirements -Deliverables
Lifecourse -NEW SFY 24 Full Lifecourse Workforce Capacity-See See below in Program Specific See below in Program Specific
4 below in Program Specific Reguirements -Activitv Special Instructions $384,000
Reguiremen ts -Deliverables Reguirements -Deliverables
for details
Exhibit A, Statement of Work Page I of6 Contract Number CLH3 l O 19-Amendment 16
•-.---·--
Task
Payment
# Activity Deliverables/Outcomes Due Date/Time Frame Information and/or
Amount
CD -NEW SFY 24 Immunization Outreach, Education & Response See below in Program Specific See below in Program Specific
5 -See below in Program Specific Requirements -Activity Special Requirements -Deliverables Requirements -Deliverables $75,000
Instructions for details
EPH -NEW SFY 24 Fully fund Environmental Public Health Policy See below in Program Specific See below in Program Specific
6 & Leadership Capacity -See below in Program Specific Requirements $125,000
-Activitv Snecial Instructions for details Requirements -Deliverables Requirements -Deliverables
FC -NEW SFY 24 Strengthening Local Finance Capacity -See · See below in Program Specific See below in Program Specific
7 below in Program Specific Requirements -Activitv Special Instructions $62,000
for details Requirements -Deliverables Requirements -Deliverables
8 FC -NEW SFY 24 Public Health Communications -See below in See below in Program Specific See below in Program Specific $200,000
Program Specific Reguirements -Activity Special Instructions for details Requirements -Deliverables Requirements -Deliverables
Lifecourse -NEW SFY 24 Illicit Substance Use and Overdose See below in Program Specific See below in Program Specific
9 Response -See below in Program S2ecific Requirements -Activity $150,000
Soecial Instruction s for details Requirements -Deliverables Requirements -Deliverables
EPR -NEW SFY 24 Emergency Preparedness & Response -See below in Program Specific See below in Program Specific
10 Capacity and Capability -See below in Program S2ecific Requirements -Deliverables Requirements -Deliverables $195 ,000
Reauirements -Activitv Snecial Instructions for details
11 CD -Hepatitis C -See below in Program S2ecific Requirements -See below in Program Specific See below in Program Specific $103 ,000
Activity Snecial Instructions for details Requirements -Deliverables Reguirements -Deliverables
12 CD -Case Investigation Capacity -See below in Program Snecific See below in Program Snecific See below in Program Specific $85 ,000 Requirements -Activitx S12ecial Instructions for details Requirements -Deliverables Reguirements -Deliverables
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance -related inquiry, may be sent to finance@d oh.wa.gov .
FPHS staff from DOH and the Washington State Association of Local Public Health Officials (WSALPHO) will coordinate and communicate together to build and assure common
systemwide approaches per FPHS Steering Committee direction and the FPHS framework intent.
• For LHJ questions about the use of funds:
o Chris Goodwin, FPHS Policy Advisor, WSALPHO-cgoodwin@wsac.or g, 564-200-3166
o Brianna Steere, FPHS Policy Advisor, WSALPHO -bsteere@wsac.org, 564-200-3171
The intent ofFPHS funding is outlined in RCW 43 .70.5 12 .
Foundational Public Health Services Definitions and related information can be found here: www.doh .wa.gov/fphs .
Stable funding and an iterative decision-making process -The FPHS Steering Committee's roles and responsibilities are outlined in the FPHS Committee & Workgroup
Charter The Steering Committee is the decision making body for FPHS and operates under a consensus-based decision making model, outlined here. The Steering Committee use
an iterative approach to decision making meaning additional tasks and/or funds may be added to a local health jurisdiction's (LHJ) FPHS Statement of Work (SOW) as funding
decisions are made.
Exhibit A, Statement of Work Page 2 of6 Contract Number CLH31019-Amendment 16
Page 7 of 33
Spending of FPHS funds -FPHS funds do not require pre-approval or pre-authorization to spend. FPHS funds are to assure FPHS services are available in each jurisdiction based
on the FPHS Definitions (link) and as reflected in the SOW. Assurance includes providing FPHS as part of your jurisdiction's program operations, contracting with another
governmental public health system partner to provide the service, or receiving the service through a new service delivery model such as cross-jurisdictional sharing or regional
staff. FPHS funds are eligible starting at the beginning of each state fiscal year (July 1) regardless of when funds are received by the LHJ, even if the expenditure
occurred before the LHJ's contract was signed.
These funds are not intended for fee -based services such as select environmental public health services. As state funding for FPHS increases, other funds sources (local revenue,
grants, federal block grants) should be directed to the implementation of additional important services and local/state priorities as determined by each agency/jurisdiction.
Annual Allocations -The legislature appropriates FPHS funding on an annual basis and the FPHS Steering Committee allocates funds annually through the FPHS Concurrence
Process for the State Fiscal Year (SFY): July -June.
The Legislature appropriates FPHS funding amounts for each fiscal year of the biennium. This means that funds must be spent within that fiscal year and cannot be carried
forward. Any funds not spent by June 30th each year must be returned to the State Treasury. Funding allocations reset and begin again at the start of the next fiscal year (July I).
This Statement of Work is for the period of July 1, 2023-June 30, 2024 and may be included in multiple Consolidated Contracts (ConCons) which are based on the calendar year
and renewed every three years.
Disbursement of FPHS funds to LHJs -Unlike other Con Con grants, FPHS bill-back to DOH is NOT required. Half of the annual FPHS funds allocated by the Steering
Committee to each LHJ are disbursed each July and January. The July payments to LHJs and access to FPHS allocation for all other parts of the governmental public health
system occur upon completion of the FPHS Annual Assessment.
Deliverables -FPHS funds are to be used to assure FPHS services statewide. The FPHS accountability process measures how funds are spent, along with changes in system
capacity through the FPHS Annual Assessment, system performance indicators, and other data. DOH, SBOH and local health jurisdictions have agreed to complete:
1. Reporting of spending and spending projections. Process timelines and reporting template are provided by the FPHS Steering Committee via FPHS Support Staff.
2. FPHS Annual Assessment is due each July to report on the previous state fiscal year. Process and reporting template are provided by the FPHS Steering Committee via
FPHS Support Staff. System results are published in the annual FPHS Investment Report available at www.doh.wa.gov/fphs .
BARS Revenue Code: 336.04.25
BARS Expenditure Coding -provided for your reference.
562.xx BARS Expenditure Codes for FPHS activities: see below
10 FPHS Epidemiology & Surveillance
11 FPHS Community Health Assessment
12 FPHS Emer_gency Preparedness & Response
13 FPHS Communication
14 FPHS Policy Development
15 FPHS Communitv Partnership Development
16 FPHS Business Competencies
17 FPHS Technology
20 FPHS CD Data & Planning
21 FPHS Promote Immunizations
23 FPHS Disease Investigation -Tuberculosis (TB)
Exhibit A, Statement of Work Page 3 of6 Contract Number CLH31019-Amendment 16
24 FPHS Disease Investigation -Hepatitis C
25 FPHS Disease Investigation -Syphilis, Gonorrhea & HIV
26 FPHS Disease Investigation -STD (other)
27 FPHS Disease Investigation -VPD
28 FPHS Disease Investigation -Enteric
29 FPHS Disease Investigation -General CD
40 FPHS EPH Data& Planning
41 FPHS Food
42 FPHS Recreational Water
43 FPHS Drinking Water Quality
44 FPHS On-site Wastewater
45 FPHS Solid & Hazardous Waste
46 FPHS Schools
47 FPHS Temporary Worker Housing
48 FPHS Transient Accommodations
49 FPHS Smoking in Public Places
50 FPHS Other EPH Outbreak Investigations
51 FPHS Zoonotics (includes vectors)
52 FPHS Radiation
53 FPHS Land Use Planning
60 FPHS MCH Data & P lanning
70 FPHS Chronic Disease, Iniurv & Violence Prevention Data & Planning
80 FPHS Access/Linkage with Medical, Oral and Behavioral Health Care Services Data & Planning
90 FPHS Vital Records
91 FPHS Laboratory -Centralized (PHSKC Only)
92 FPHS Laboratorv
Special References (i.e., RCWs, WACs, etc.):
FPHS Intent -RCW 43 .70.512
FPHS Funding-RCW 43 .70.5 15
FPHS Committee & Workgroup Charter
FPHS Steering Committee Consensus Decision Making Model
Activity Special Instructions:
Investments to Each LHJ:
1. FPHS Funds to Each LHJ
Page 8 of33
These funds are allocated to be used to provide any programs and services within all of the FPHS Definitions. Each LHJ is empowered to prioritize where and bow to use
these funds to maximize equitable, effective and efficient delivery ofFPHS to every community in Washington .
Use BARS expenditure codes from the list above that most closely align with expenditure made.
Exhibit A, Statement of Work Page4 of6 Contract Number CLH3 l O 19-Amendrnent 16
Page 9 of33
Targeted Investments to Each LHJ:
2. Assessment Reinforcing Capacity (FPHS definition G.2)
Support LHJ assessment capacity with fl exible funds to meet locally identified needs. BARS expenditure codes: 562.10 or 11
3. Assessment-CHA/CHIP (FPHS definitions G.3)
Support any CHA/CHIP activity or service ( e.g., data analysis, focus groups, report writing, process facilitation) and may be used to contract with other agencies for staff
time or services. Use BARS expenditure codes: 562.11
4 . Lifecourse -NEW SFY 24 Full Lifecourse Workforce Capacity (FPHS definitions D, E, F)
Infrastructure and workforce investments to each LHJ to meet fundamental needs in three areas: Maternal/Child/Family Health; Access/Linkage with Medical, Oral and
Behavioral Health Services; and Chronic Disease, Injury and Violence Prevention. Use BARS expenditure codes: 562.60, 562. 70, and/or 562.80
5. CD -NEW SFY 24 Immunization Outreach, Education & Response (FPHS definition C.3)
Promote immunization education and use of the statewide immunization registry through evidence-based strategies. Funding can also be used to support vaccine-
preventable disease response. BARS expenditure codes: 562.21 and/or 562.27
6. EPH -NEW SFY 24 Fully fund Environmental Public Health Policy & Leadership Capacity (FPHS definitions B.2, A.C, J.1-3, Kl-2, L.1)
These funds are to be used for staffing costs for environmental health responsibilities and functions (that are not directly fee-based) within leadership, policy development,
foundational public health services implementation, evaluation, or administration, including (but not limited to) Environmental Health Directors. Examples of funded
roles include work relating to general policy, statewide and/or system-wide, and/or cross-jurisdictional work, legislation, and rulemaking, SBOH engagement, leadership
support and/or development, workforce development, leadershi p within health equity, climate, and environmental justice. U se BARS expenditure codes: 562.14, 5 62 .40 -
562.53
7. FC -NEW SFY 24 Strengthening Local Finance Capacity (FPHS definitions L.2-4, L.6, L.8)
Capacity and infrastructure to assure fiscal management and contract and procurement policies and procedures are effectively implemented to support programs and
services. Use BARS expenditure codes: £6.:M-562.16
8. FC -NEW SFY 24 Public Health Communications (FPHS definitions 1.1 -2)
Capacity to enhance the frequency, accuracy, and accessibility of public health communications to divers e populations via various media to support programs and
services. Use BARS expenditure codes: £e.:.H-562. I 3
9. Lifecourse -NEW SFY 24 Illicit Substance Use and Overdose Response (FPHS definitions D.J-2, D.4, F.1 -3, G.1-3, 1.1 -2, J.1-J.3, K.1-2)
Capacity and infrastructure related to addressing overdose crisis. This includes but is not limited to: Overdose response trainings, convening stakeholders or coordination
groups, data analysis, and community education. Use BARS expenditure codes: 562.13 , 562.14, 562.15 , 562.60, 562. 70, 562.80
10. EPR -NEW SFY 24 Emergency Preparedness & Response-Capacity and Capability (FPHS definitions H. 1-4)
Capacity and infrastructure to support and enhance the local delivery ofFPHS Emergency Preparedness and Response services and activities across critical subject matter
areas. Use BARS expenditure codes: 562.12
Exhibit A, Statement of Work Page 5 of6 Contract Number CLH3 l O 19-Amendment 16
Page 10 of 33
Targeted Investments to Select LHJs -Assuring FPHS Available in Own Jurisdiction:
11. CD -Hepatitis C (FPHS definitions C.4.o-p)
Address Hepatitis C cases per guidance developed by the FPHS CD SME Workgroup and DOH"s Hepatitis C Priori tiza ti on document with particular emphasis on lab
surveillance and investigation of acute cases. Use BARS expenditure codes: 562.24.
12. CD-Case Investigation Capacity (FPHS definitions C.2, C. 4)
Support LHJ communicable disease capacity to conduct case investigation and follow up to reduce gaps and meet locally identified needs that address notifiable
conditions responsibilities. Use BARS expenditure codes: 562.23-29.
Exhibit A, Statement of Work Page 6 of6 Contract Number CLH31019-Amendment 16
Exhibit A
Statement of Work
Contract Term: 2022-2024
Page 11 of33
DOH Program Name or Title: Infectious Disease-Syndemic Prevention Services-
SSP -Effective January 1, 2024
Local Health Jurisdiction Name: Mason Countv Public Health
Contract Number: CLH31019
SOW Type: Original Revision # (for this SOW) Funding Source Federal Compliance Type of Payment
D Federal <Select One> ( check if applicable) IZJ Reimbursement
IZJ State D FFATA (Transparency Act) D Fixed Price
D Other D Research & Develooment Period of Performance: January I, ?024 through December 31. 2024
Statement of Work Purpose: Th e purpose of this statement of work (SOW) is to provide Syndemic Prevention Services for infectious diseases (HIV, STI, and Adult Viral
Hepatitis), supporting the Office oflnfectious Disease (OID) w ithin Department of Health (DOH). Awarded through OID's 2024 Syndemic RFA.
Revision Purpose: NI A
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation Increase(+) Allocation
SFY24 DRUG USER HEALTH PROGRAM 12405140 NI A 334.04.91 01 /01 /24 06/30/24 0 92,500 92,500
SFY25 DRUG USER HEAL TH PROGRAM 12405150 NI A 334.04.91 07 /01 /24 12/31 /24 0 92,500 92.500
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 185,000 185,000
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
1 Syringe Services Programs (SSP): Support for Operations SSP operations outcomes include delivering Enter deliverable data into the Reimbursement of
services and tracking: DOH/OID issued database for actual costs incurred,
Provide comprehensive SSP to people who use drugs • number of sterile syringes distributed tracking SSP activities by the not to exceed $185,000
(PWUD). This plan of action is directed to distribute • number of naloxone kits distributed 15th of each month following based on funding split
syringes to communities that use drugs to prevent • number of participant encounters service. below.
transmission of infectious disease. SSPs will operate during • number ofreferrals to health and social
scheduled hours to provide all required harm reduction services $92,500 for
supplies, naloxone, and syringes to prevent transmission of 1/1 /24-6/30/24
disease and overdose. SSPs will offer referrals to address
social determinants of health. $92,500 for
7/1/24-12/31 /24
Priority populations for Syringe Services Programs include
people who use drugs, with a focus on:
Exhibit A , Statement of Work Page 1 of9 Contract Number CLH31019-Amendment 16
Task Activity
Payment Information
#
Deliverables/Outcomes Due Date/Time Frame and/or Amount
• People systemically marginalized and underserved
due to racism -Black/African American,
Latino/Latina/Latine/Latinx, American
Indian/Alaska Native people and other
communities for whom there are documented
health disparities in your region.
• People who are unhoused or unstably housed .
• People engaged in sex work.
• People involved in the criminal legal system .
• Gender expansive/transgender individuals .
• Gay, bi, and other men who have sex with men .
NOTE: See Special Requirements, Terms and
Conditions -Section 4 Syringe Services Programs:
Support for Operations Program Requirements for
additional task information.
Syringe Services Programs: Clinical Services SSP Clinical services outcomes may include,
Provide direct access to clinical services to improve the but are not limited to, delivering services and
health and well-being of people who use drugs. At tracking:
minimum, services must include onsite, low-barri er access • Number of wound care sessions
to wound care, infectious disease testing, STI and hepatitis • Number of infectious disease tests
C treatment, and medications for opioid use disorder. conducted (hepatitis C, HIV, gonorrhea-
Additional services can include mental health services, chlamydia, syphilis)
sexual and reproductive health care, and other primary care • % positive of infectious disease tests
and psychosocial support services. (hepatitis C, HIV, gonorrhea-chlamydia,
syphilis)
NOTE: See Special Requirements, Terms and • Number of participants started on
Conditions -Section S Syringe Services Program, hepatitis C treatment
Clinical Services Requirements for additional task • Number of participants inducted on
information. medications for opioid use disorder
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance -related inquiry, may be sent to finance@doh.wa.gov.
Program Specific Requirements
Special Requirements, Terms and Conditions
1. Definitions
a. ANONYMOUS SERVICES-HIV Prevention services including condom distribution, outreach and light touch.
b. CAPACITY BUILDING-The process by which individuals and organizations obtain, improve, and retain the skills, knowledge, tools, equipment, and other
Exhibit A, Statement of Work Page 2 of9 Contract Number CLH3 l O 19-Amendment 16
Page 13 of 33
resources needed to do their jobs competently.
c. CONTRACTOR-For the purposes of this Statement o f Work Only, the entity receiving funds directly from Washington State Department of Health (DOH) for
client services to prevent or treat condi tions named in the statement of work will be referred to as contractor.
d. HARM REDUCTION -Harm reduction is a set of practical strategies and ideas aimed at reducing negative consequences associated with drug use.
e. INTEGRATED TESTING-For the purpose of this Statement of Work, Integrated T esting includes Human Immunodeficiency Virus (HIV), Gonorrhea (GC),
Chlamydia (CT), Syphilis, Hepatitis C (HCV) and Hepatitis B (HBV).
f. SOCIAL DETERMINANTS OF HEALTH -Social determinants of health (SDOH) are the conditions in the environments where people are born, live, learn,
work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks.
g. YOUTH-For purposes of this agreement, the tenn "youth" applies to persons under the age of 18.
2. Submission of Invoice Vouchers
a. On a monthly basis, the CONTRACTOR shall submit complete and correct Al9 invoice voucher s with amounts billable to DOH under this statement of work and the
corresponding OID Expense Summary backup form. All A 19 invoice vouchers must be submitted by the 25th of the following month. Prior approval is required for a
different frequency of billing.
i. The CONTRACTOR must provide all backup documentation as r equired based on the assigned risk level and/or as identified by DOH program staff to determine
allowability of billed expenses. Risk assessments are completed at the beginning of a new contract fo r all sub-recipient contracts. Contact your contract manager
if you are unaware of your ass igned risk level.
ii. DOH may ask for additional backup information to pay invoices based on the needs of the funding sources supporting the work.
b. The CONTRACTOR shall submit all final claims for payment for costs due and payable under this statement of work by July 31, 2025. DOH will pay belated claims at its
discretion, contingent upon the availabil ity of funds.
3. Program Organization -CONTRACTOR must
a. The CONTRACTOR must provide a full updated organizational chart, including Board of Directors with contact information if applicable, and staffing plan referencing
positions described in the budget narrative.
b. The CONTRACTOR must provide job descriptions for any new or changed positions in the updated organizational chart.
i. Any new positions funded through the original contract funds, must have prior DOH approval.
c. The CONTRACTOR must notify their DOH contract manager within 30 days of any staff vacancies related to contracted positions and provide an updated budget.
i. Any new fiscal staff responsible for invoicing on this contract will need to meet with the assigned OID Contract Manager within 60 days for DOH invoice
overview and training.
4. Syringe Services Program: Support for Operations Program Requirements
a. Operate for a minimum of 8 hours per week and 2 days per week.
b. Provide mobile and/or street outreach (note: programs must have a vehicle for mobile outreach.)
c. Offer safer injection supplies (see list ofrequired safer injection supplies below).
d. Submit monthly SSP data in accordance with DOH standards.
e. Attend required capacity building/training opportunities provided by DOH.
f. Participate in annual site visits with DOH staff.
g. Demonstrate structure for receiving and incorporating participant feedback about services.
h. Partner with relevant local agencies to ensure effective outreach and service provision. (See Scope of Work narrative below for details on MOUs r equired.)
i. Develop and maintain a Universal Precautions and Sharps Handling policy and procedure, including clear, written policies on handling biohazardous waste, avoiding
unnecessary handling of sharps, and potential needle stick injuries to staff, volunteers, and participants. Programs should follow the universal precaution guidelines
established by the CDC and OSHA. SSPs may need to adapt those precautions to accommodate the circumstances of their work (e.g., mobile and outreach settings).
Programs should also anticipate the potential ofneedlestick injury and have a "post-exposure-prophylaxis" protocol included in this document.
j. All staff and volunteers working directly with participants/clients must complete CPR certification within the first 3 months after contract start date (if not already
complete).
Exhibit A, Statement of Work Page 3 of9 Contract Number CLH31019-Amendment 16
Page 14 of 33
5. Syringe Services Program, Clinical Services Requirements
a. Includes all requirements for Syringe Service Program operations (see above)
b. Must have clinical staff licensed to practice in the state of Washington to provide clinical services (e.g., RN, PA, ARNP, LCSW).
c. If providing advanced level clinical services (e.g., PA, ARNP, CNM), programs must have appropriate clinical oversight.
Note: Clinical services can be provided through sub-contractor arrangement or MOU with a Federally Qualified Health Center or other clinical partner if there
is a justification the relationship will support efforts to reach people who use drugs and provide onsite and/or mobile clinical services. Clinical services can also
be provided using telemedicine services with appropriate description of why in-person services cannot be provided and who the telemedicine partner(s) will be.
NOTE: Funds from this contract may not be used to purchase basic safer injection supplies (listed below) -Instead, DOH will provide Contractors with supplies.
Below is the list of required supplies for SSP to be provided to Contractors by DOH:
l) Syringes (1 cc 27 gauge 1/2", 28 gauge 1/2", and 29 gauge 1/2"; 1 cc 30 gauge 5/16"; 3 cc 25G l" and 1.5")
2) Alcohol pads
3) Non-latex tourniquets
4) Sterile water
5) Sterile saline
6) Cookers
7) Cottons and/or cellulose filters
8) Bandages/gauze
9) Sharps containers (1 quart and 2 gallon for distribution, 8 gallon for program use)
10) Naloxone
11) Amber bags
The exceptions to these supplies are vendor or manufacturer supply shortages. If a program expects to run out of one of these items, please contact DOH immediately.
6. Performance Objectives & Work Plan:
a. Funded Syndemic Prevention Services agencies are required to submit Performance Objectives and Work Plan that provides both a high-level overview of the peri od of
performance and a detailed description of the first year of the contract period. The work plan should incorporate related program strategies and activities. Applicants
should propose specific, measurable, achievable , realistic, and time-based (SMART) process and/or outcome objectives for each activity aligned with performance
outcomes. The work plan should include training, capacity building, and TA needs to support the implementation of the funded services. Proposed work plan activities
may be adjusted in collaboration with OID staff to better address the overarching goals of the funded services. OID will provide a template that must be used in
developing the work plan.
b. The applicant should address the following outline in their work plan:
i. Contract Year 1 Detailed Work Plan (For each funded service category)
1i. Program strategies and activities
iii. Outcomes aligned with program strategies and activities
iv. SMART objectives aligned with performance targets
v. Activities aligned with program outcomes
vi. Timeline for implementation (including staffing of the proposed program, training, etc.)
vii. Anticipated capacity building or technical assistance needs.
c. Performance Objectives & Work Plans should be submitted by July 1, 2024.
d. OID staff are available to support in developing Perfonnance Objectives & Work Plans in collaboration with funded agencies.
e. Performance Objectives & Work Plans will be reviewed between OID staff and funded agencies at least quarterly. Performance Objectives & Work Plans can be adjusted
throughout the period of performance.
Exhibit A, Statement of Work Page 4 of9 Contract Number CLH31019-Amendment 16
Page 15 of 33
7. Participation in program evaluation activities -The Contractor is expected to participate in program evaluation activities, including evaluation planning, and collecting and
reporting qualitative and quantitative program data , as deemed necessary by OID staff.
8. Participation in Capacity Building and Technical Assistance Activities designed to increase efficacy of Syndemic Services
a. Opportunities for capacity building and technical assistance for contractor will be offered throughout the contract year by WA DOH and other regional or national
capacity building organizations.
b . Contractors will be expected to meet with WA DOH OID staff on an annual basis to discuss training and will work with DOH to track shared completion of Capacity
Building Needs
c. All contracted staff will be required to complete training in respect to their role. DOH staff and contracted staff will work together to track completion of required
trainings.
9. CLAS Standards -The CONTRACTOR will comply with the National Standards for Culturally and Linguistically Appropriate Services (CLAS) standards (1, 5-9). National
Standards for Culturally and Linguistically Appropriate Services (CLAS) in Health and Health Care (allianceforclas.org)
10. Participation in Program Monitoring Activities -
a. DOH will conduct semi-annual or annual performance site visits in the following areas:
i. Integrated testing
1i. Syndemic service navigation
iii . PrEP Housing
iv. Syringe Service Programs
v. Mail-order naloxone distribution programs
vi. Fiscal Monitoring -To be scheduled by the DOH Fiscal Monitoring Unit
b. Corrective Action Plans -DOH may exercise the following options if the CONTRACTOR does not come into compliance or resolution with programmatic and/or fiscal
monitoring corrective action plan by the due date(s) identified in the CAP. i. § 200.339 Remedies for noncompliance.
If a non-Federal entity fails to comply with the U.S . Constitution, 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§ 200.208. 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
Exhibit A, Statement of Work Page 5 of9 Contract Number CLH31019-Amendroent 16
11. Contract Management-
a. Fiscal Guidance
Page 16 of 33
i. Indirect -If charging indirect costs, the CONTRACTOR must have a current federally negotiated rate or I 0% De Minimus certification of file with DOH. DOH
is not able reimburse indirect costs without an approved indirect cost rate or I 0% De Minim us certification on file.
11. Advance Payments Prohibited -DOH funds are "cost reimbursement" funds. DOH will not make payment in advance or in anticipation of services or supplies
provided. This includes payments of "one-twelfth" of the current fiscal year's funding.
iii. Duplication of Early Intervention Program (EIP) Services -The CONTRACTOR shall not use contract funds to provide a parallel medication service to EIP.
CONTRACTOR's providing case management services shall make every effort to enroll clients in EIP.
1v. Payment of Cash or Checks to Clients Not Allowed -Where direct provision of service is not possible or effective, vouchers or similar programs, which may
only be exchanged for a specific service (e.g., transportation), shall be used to meet the need for such services. CONTRACTOR shall administer gift cards
voucher programs to assure that recipients cannot readily convert vouchers into cash.
I) Store gift cards that can be redeemed at one merchant or an affiliated group of merchants for specific goods or services are allowable as incentives for
eligible program participants.
2) General-use prepaid cards are considered "cash equi valent" and are therefore unallowable. Such cards generally bear the logo of a payment network, such
as Visa, MasterCard, or American Express, and are accepted by any merchant that accepts those credit or debit cards as payment. Gift cards that are
cobranded with the logo of a payment network and the logo of a merchant or affiliated group of merchants are general-use prepaid cards, not store gift
cards, and therefore are unallowable.
3) The CONTRACTOR must ensure that a policy for managing gift cards with strong internal controls is in place.
v. Funds for Needle Exchange Programs Not Allowed with Federal Funding-CONTRACTOR shall not expend contract federal funds to support needle
exchange programs using funds from HIV Community Services Tasks.
vi. Travel -Out of staff travel requires prior approval from DOH and must follow GSA guidelines and reimbursement rates.
vu. Supervision, under DOH Community Programs contracts , will be understood as the delivery of a set of interrelated functions encompassing administrative,
educational and supportive roles that work collectively to ensure clinical staff (i .e., case managers, navigators, coordinators, assistants , coaches) are equipped
with the skills necessary to deliver competent and ethical services to clients that adhere to best practices within applicable fields as well as all relevant Statewide
Standards. Supervisors must meet the criteria set forth within the WA State HIV Case Management Standards and provide the level of interaction and review
detailed in that document.
It is the understanding of DOH that Supervision funded under the direct program portion of this contract include at minimum, the provision of at least two of the
three functions detailed here: administrative, educational or supportive supervision. Supervision that encompasses only administrative functions wi ll not be
considered billable under Direct Program. To that end, it is the expectation of DOH that those personnel identified as Sup ervisors have no more than one degree
of separation from direct client care. Exceptions to this rule can be presented and considered to and by DOH Contract Management. It will fall to the requesting
organization to satisfactorily demonstrate that any Supervisory positions falling within the scope of Direct Program are meeting the expectation of provision of
educational or supportive supervision with the aim of directly impacting client experiences, quality of services, and adherence to best practices and Statewide
Standards.
vm. Small and Attractive items -Each Contractor shall perform a risk assessment (both financial and operational) on the agency's assets to identify those assets that
are particularly at risk or vulnerable to loss. Operational risks include risks associated with data security on mobile or portable computing devices that store or
Exhibit A, Statement of Work Page 6 of9 Contract Number CLH3 l O 19-Amendment 16
Page 17 of 33
have access to state data. Assets so identified that fall below the state's capitalization policy are considered small and attractive assets . The Contractor shall
develop written internal policies for managing small and attractive assets. Internal policies should take into consideration the Office of the Chief Information
Officer (OCIO) IT Security Standard 141 Section 5.8 Mobile Computing and Section 8.3 Media Handling and Disposal at https://ocio.wa.gov/poli cies.
The Contractor shall implement specific measures to control small and attractive assets in order to minimize identified risks. Periodically, the Contractor should
perform a follow-up risk assessment to determine if the additional controls implemented are effective in managing the identified risks.
Contractor must include, at a minimum, the following assets with unit costs of $300 or more:
1) Laptops and Notebook Computers
2) Tablets and Smart Phones
Agencies must also include the following assets with unit costs of $1,000 or more:
1. Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders
2. Cameras and Photographic Projection Equipment
3. Desktop Computers (PCs)
4. Television Sets, DVD Players, Blu-ray Players, and Video Cameras (home type)
1x. Food and Refreshments -Food and refreshments are not allowable direct costs, unless provided in conjunction with allowable meetings, whose primary
purpose is the dissemination of technical information. Pre-approval is required when food and refreshments are purchased for these meetings. A sign in sheet
with the clients' ID number from the DOH approved data system as well as an agenda is required to receive reimbursement for these charges.
1) The CONTRACTOR shall follow Healthy Nutrition Guidelines for Meetings and Events I Wa shington State Department of H ealth when purchasing
food and refreshments for approved meetings.
2) Food for staff meetings/training is unallowable.
PLEASE NOTE: If meals/refreshments are purchased for allowable meetings, food can only be purchased for clients at the per diem rate. Any expenses over
per diem will be denied . U.S . General Services Adm inistration Per Diem Look Up
x. Reimbursement of disallowed costs -The CONTRACTOR agrees to reimburse DOH for expenditures billed to the DOH for costs that are later determined
through audit or monitoring to be disallowed under the requirements of 2 CFR Part 200 -Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Audits.
b. Contract Modifications
i. Notice of Change in Services -The CONTRACTOR shall notify DOH program staff, within 45 days, if any situations arise that may impede implementation of
the services contained in the statement of work. DOH and the CONTRACTOR will agree to strategies for resolving any shortfalls. DOH retains the right to
withhold funds in the event of substantial noncompliance.
11. Contract Amendments -Effective Date -The CONTRACTOR shall not begin providing services authorized by a contract amendment until the
CONTRACTOR has received a signed and fully executed copy of the contract amendment from DOH.
1) Local Health Jurisdiction (LHJ) Contractors -Request for contract amendments must be received no less than 60 days prior to the Draft Due Date
identified by the CON CON SOW Schedule on the CON CON Dashboard.
2) Non-LHJ Contractors -Request for contract amendments must be received no later than 60 days prior to the end of the Federal Fiscal Year (FFY) and
90 days prior to end of the State Fiscal Year (SFY).
• Amendments must be signed prior to the end of the FFY or SFY end date.
EX. FFY end date is 12/31 , contract amendment request due to contract manager by 11 /1
Exhibit A, Statement of Work Page 7 of9 Contract Number CLH3 l O 19-Amendment 16
Page 18 of 33
12. Content Review and Website Disclaimer Notice
In accordance with all federal guidance, contractors receiving funds through DOH will submit all proposed written materials requiring review for HIV-related scientific or
medical accuracy including written materials, audio visual materials, and pictorials, including social marketing and advertising materials, educational materials, social media
communications (e.g., Facebook, twitter) and other electronic communications, such as internet/webpages to the OID Content Review Committee. CONTRACTOR shall
submit all materials to be r eviewed for scientific or medical accuracy to:
Michael Barnes, Washington State Department of Health
PO Box 47841
Olympia, WA 98504-7841
Phone: 360-810-1880
Email: Michael.Barnes@doh.wa.gov
For social marketing campaigns and media strategies, please adhere to the program guidance on the review of HIV-related educational and informational materials for CDC
assistance programs https://www.cdc.gov/hiv/pdf/funding/announcements/ps l 2-120 1 /cdc-hiv-ps 12-1201-content-review-guidance.pdf
13. Youth and Peer Outreach Workers
All programs, including CONTRACTORS, using youth ( either paid or volunteer) in program activities will use caution and judgment in the venues / situations where youth
workers are placed. Agencies will give careful consideration to the age appropriateness of the activity or venue. Agencies will also ensure that organizational staff and youth
comply with all relevant laws and regulations regarding entrance into adult establishments and environments. Agencies will also maintain and implement appropriate safety
protocols that include clear explanation of the appropriate laws and curfews and clearly delineate safe and appropriate participation of youth in program outreach activities.
14. Whistleblower
a. Whistleblower statue, 41 U.S.C. & 47 12, applies to alJ employees working for CONT RACTOR, subcontractors, and subgrantees on federal grants and contracts. The
statue (41 U.S.C. & 4712) states that an "employee of a CONTRACTOR, subcontractor, grantee, or subgrantee, may not be discharged, demoted, or otherwise
discriminated against as a reprisal for "whistleblowing." In addition, whistleblower protections cannot be waived by an agreement, policy, form, or condition of
employment.
b. Th e National Defense Authorization Act (NDAA) for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013) mandates a pilot program entitled "Pilot Program for
Enhancement of Contractor Employee Whistleblower Protections." This program requires all grantees, their subgrantees, and subcontractors to:
i. Inform their employees working on any federal award they are subject to the whistleblower rights and remedies of the pilot program
ii . Inform their em p loyees in writing of employee whistleblower protections under 41 U.S.C. & 4712 in tbe predominant native language of the workforce; and,
iii. CONTRACTOR and grantees will include such requirements in any agreement made with a subcontractor or subgrantee.
15. Allowable Costs
All expenditures incurred and reimbursements made for p erformance under this statement of work shalJ be based on actual alJowable costs. Costs can include direct labor,
direct material, and other direct costs specific to the performance of activities or achievement of deliverables under this statement of work.
For information in determining allowable costs, please reference 0MB Circulars :
2 CFR200 (State, Local and Indian Tribal governments) at: https ://www.federalregister.gov/documents/2013/12/26/2013-30465/uniform-administrative-requirements-cost-
principles-and-audit-requirements-for-federal -awards
**Disclosure of information is governed by the Washington Administrative Code (WAC) 246-101-120, 520 and 635, and the Revised Code of Washington (RCW) 70.24.080,
70 .24.084, and 70.24.105 regarding the exchange of medical infonnation among health care providers related to HIV/AIDS or STI diagnosis and treatment. Please note that
Exhibit A, Statement of Work Page 8 of9 Contract Number CLH31019-Arnendment 16
Page 19 of 33
CONTRACTORs fit under the definition of "health care providers" and "individuals with knowledge of a person with a reportable disease or condition" in the WAC and
RCW.
DOH statutory authority to have access to the confidential information or limited Dataset(s) identified in this agreement to the Information Recipient: RCW 43.70.050
Information Recipient's statutory authority to receive the confidential information or limited Dataset(s) identified in this Agreement: RCW 70.02.220 (7)
Exhibit A, Statement of Work Page 9 of9 Contract Number CLH3 l O 19-Amendment 16
Exhibit A
Statement of Work
Contract Term: 2022-2024
Page 20 of 33
DOH Program Name or Title: Office oflmmunization COVID-19 Vaccine -
Effective January I, 2022
Local Health Jurisdiction Name: Mason County Public Health
Contract Number: CLH31019
SOW Type: Revision Revision # (for this SOW) 5 Funding Source Federal Compliance Type of Payment
~ F ederal Subrecipient ( check if applicable) ~ Reimbursement
D State ~ FF AT A (Transparency Act) D Fixed Price
D Other D Research & Development Period of Performance: Januarv I, 2022 through June 30, 2024
Statement of Work Purpose: The purpose of this statement of work (SOW) is to prov ide funding to conduct COVID-19 vaccine activities.
Revision Purpose: The purpose of this revision is to add Program Specific Requirements in reference to unallowable costs and update Master Index Codes.
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation
COVID19 Vaccines R4 74310259 93.268 333.93.26 01 /01 /22 06/30/24 354,803 0 354,803
COVID 19 CDC Vaccines 74310236 93.268 333.93.26 01 /01 /22 06/30/24 354,803 0 354,803
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 709,606 0 709,606
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
The purpose of this statement of work is to identify activities and provide funding to support COVID vaccine response outreach, education, and operations. The activities may
include other vaccines recommended for the audience population, as long as-COVID vaccine is the primary focus and references to other vaccines are secondary.
3.A Identify activity/activities to support COVID vaccine response Summary of the engagement strategies to January 31, Annually Reimbursement for actual
in your community, using the examples below as a guideline. be used with health care providers and costs incurred, not to
other partners, and the locally identified exceed total funding
Example 1: Develop and implement communication strategies population to be reached. consideration amount.
with health care providers, community, and/or other partners to
help build vaccine confidence broadly and among groups
anticipated to r eceive early vaccination, as well as dispel
vaccine misinformation. Document and provide a plan that
shows the communication strategies used with health care
providers and other partners and the locally identified
population anticipated to reach.
Exhibit A, Statement of Work Page 1 of3 Contract Number CLH3 l O 19-Amendment 16
. ---. -· --
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
Example 2: Engage in other vaccination planning activities
such as partnership development, provider education,
vaccination point of dispensing (POD) planning, tabletop
exercises, engagement with communities, leaders, non-
traditional provider, or vulnerable populations to develop
strategies to ensure eauitable access to vaccination services
3.B Implement the communication strategies or other activities , Written report describing June 30, Annually Reimbursement for actual
working with health care providers and other partners to reach activity/activi ties and progress made to-costs incurred, not to
the locally identified population, support providers in date and strategies used (template to be exceed total funding
vaccination plans, and support equitable access to vaccination provided) consideration amount.
services.
3.C Catalog activities and conduct an evaluation of the strategies Written report, showing the strategies used June 30, annually Reimbursement for actual
used and the final progress of the reach costs incurred, not to
(template to be provided) exceed total funding
consideration amount.
3.D As needed to meet community needs, expand operations to Reports summarizing quantity, type, and December 31 and Reimbursement for actual
increase vaccine throughput (i .e., providing vaccinations during frequency of activities June 30, annually costs incurred, not to
evenings, overnight, and on weekends) or adjust vaccine exceed total funding
delivery approaches to optimize access. Activities may include consideration amount.
vaccine strik e teams, mobile vaccine clinics, satellite clinics,
temporary, or off-site clinics to travel and provide vaccination
services in non-traditional settings, or to supplement the work
of local health departments in underserved communities, and
may include administration costs fo r other vaccines co-
administered at the events. These activities may be done by the
local health department or in collaboration with community
partners. (see Restrictions on Funds below)
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance-related inquiry, may be sent to finance@doh.wa .gov.
Federal Funding Accountabilitv and Transparencv Act (FFATA)
T his statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FF AT A or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work, the LHJ must have a Unique Entity Identifier (UEI) generated by SAM.gov.
Information about the LHJ and this statement of work will be made available on USASp endi ng.gov by DOH as required by P.L. 109-282.
Exhibit A, Statement of Work Page 2 of3 Contract Number CLH31019-Arnendrnent 16
Page 22 of33
Program Specific Requirements
Restrictions on Funds (i.e., disallowed expenses or activities, indirect costs, etc.):
Coverage of co-administration costs for other vaccines administered at vaccination events does NOT apply to the FEMA Mass Vaccination funding. Coverage of co-
administration costs only applies to the vaccine funding (COVID19 Vaccine R4, Ml 743 10230) allocated for Task 3 of the consolidated contract. FEMA Mass Vaccination
funding is only available to cover the costs for COVID vaccine administration and cannot be used fo r co-administration costs of other vaccines.
U11allowa ble Costs:
There are limitations ji-om the funding source on allowable costs for this contract. If the contractor is unsure !fa cost is allowable, they should contact the contract manager for
approval of the cost prior to mahng the purchase or charge.
• Advertising costs"(e.g., conventions, displays, exhibits, meetings, memorabilia. gifts, souvenirs)
• Alcoholic beverages ·
• Building, purchases, construction. capital improvements
• Clinical care (non-immunization services)
• Entertainment costs
• Fundraising Cost
• Goods and services for personal use
• Honoraria
• I ndependent Research
• Land acquisition
• Legislative/lobbying activities
• Interest on loans for the acquisition and/or modernization of an existing building
• Payment of a bad debt, collection of improper payments
• Promotional and/or incentive materials (e.g. plaques, clothing, and commemorative items such as pens. mugs/cups, folders/folios, lanyards, magnets, conference bags)
• Purchase of food/meals (unless part of required travel per diem costs)
• Vehicle Purchase
Exhibit A, Statement of Work Page 3 of3 Contract Number CLH31019-Amendment 16
Exhibit A
Statement of Work
Contract Term: 2022-2024
Page 23 of 33
DOH Program Name or Title: Office oflmmunization-Perinatal Hepatitis B -
Effective July 1, 2023
Local Health Jurisdiction Name: Mason County Publ ic Health
Contract Number: CLH31019
SOW Type: Revision Revision # (for this SOW) 2 Funding Source Federal Compliance Type of Payment
[:8J Federal Subrecipient ( check if applicable) [:8J Reimbursement
D State [:8J FFATA (Transparency Act) D Fixed Price
D Other D Research & Develooment Period of Performance: Julv 1, 2023 through June 3 0, 2024
Statement of Work Purpose: The purpose of this statement of work (SOW) is to define required Perinatal Hepatitis B activities, delivera bles, and funding
Revision Purpose: The purpose of this r evision is to add Program Specific Requirements in reference to unallowable costs.
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation
FFY24 CDC PPHF Ops 74310246 93.268 333.93.26 07/01/23 06/30/24 550 0 550
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 550 0 550
Task Activity Deliverables/Outcomes Due Date/Time Frame
Payment Information
# and/or Amount
1 l. In coordination with hospitals, health care providers, and Enter information for each case identified By the last day of each Reimbursement for actual
health plans (if applicable), conduct activities to prevent into the Perinatal Hepatitis B Tracker month costs incurred, not to
perinatal hepatitis B infection in accordance with the exceed total funding
P erinatal Hepatiti s B Prevention Program Guidelines , consideration amount.
including the following:
• Identification of hepatitis B surface antigen (HBsAG)-
positive pregnant women and pr egnant women with
unknown HBsAg status.
• Reporting of HBsAg-positive women and their infants .
• Case management for infants born to HB sAg-positive
women to ensure administration of hepatitis B immune
globulin (HBIG) and hepatitis B vaccine within 12
hours of birth , the completion of the 3 -dose hepatitis B
vaccine series, and post vaccination serolo!!ic testing.
Exhibit A, Statement of Work Page 1 of2 Contract Number CLH3 l O 19-Arnendment 16
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
2. Provide technical assistance to birthing hospitals to
encourage administration of the hepatitis B birth dose to all
newborns within 12 hours of birth, in accordance with
Advisory Committee on Immunization Practices (ACIP)
recommendations.
3. Report all perinatal hepatitis B investigations, including
HBsAg-positive infants, in the P erinatal Hepatitis B
Module of the Washington State Immunization
Information Svstem.
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance-related inquiry; may be sent to finance@doh.wa.gov .
Federal Funding Accountabi1itv and Transparencv Act (FFA TA) (App1ies to federal grant awards.)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
T o comply with this act and be eligible to perform the activities in this statement of work, the LHJ must have a Unique Entity Identifier (UEI) generated by SAM.gov.
Information about the LHJ and this statement of work will be made available on USASpending .gov by DOH as required by P.L. 109-282.
Pro r:ram Specifi c R equirem ents
U11allo wable Costs :
There are limitations from the funding source on allowable costs for this contract. If the contractor is unsure if a cost is allowable, they should contact the contract manager for
approval of the cost prior to making the purchase or charge.
• Advertising costs (e.g., conventions, displays, exhibits, meetings, memorabilia, gifts, souvenirs)
• Alcoholic beverages
• Building, purchases, construction. capital improvements
• Clinical care (non -immunization services)
• Entertainmen t costs
• Fundraising Cost
• Goods and services for personal use
• H onoraria
• Independent Research
• Land acquisition
• Legislati ve/lobbying activities
• Interest on loans for the acquisition and/or moderni=ation of an existing building
• Payment of a bad debt, collection of improper payments
• P romotio nal and/or incentive materials (e.g., plaques, clothing, and commemorative items such as pens. mugs/cups,fo/ders/folios. lanyards, magnets, conference bags)
• Purchase of food/meals (unless part of required travel per diem costs)
• Vehicle P urchase
Exhibit A , Statement of Work Page 2 of2 Contract Number CLH31019-Amendment 16
Exhibit A
Statement of Work
Contract Term: 2022-2024
Page 25 of 33
DOH Program Name or Title: Office oflmmunization-Promotion oflmmunizations to
Improve Vaccination Rates -Effective July 1, 2023
Local Health Jurisdiction Name: Mason Countv Publi c Health
Contract Number: CLH31019
SOW Type: Revision Revision # (for this SOW) 2 Funding Source Federal Compliance Type of Payment
l:8J Federal Subrecipient (check if applicable) l:8J Reimbursement
D State 1:8! FFATA (Transparency Act) D Fixed Price
D Other D Research & Development Period of Performance: July 1, 2023 through June 30, 2024
Statement of Work Purpose: The purpose of this statement of work is to contract with local health to conduct activities to improve immunization coverage rates
Revision Purpose: The purpose of this revision is to add Program Specific Requirements in reference to unallowable costs.
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Start Date End Date Allocation None Allocation
FFY24 CDC VFC Ops 74310241 93.268 333 .93.26 07/01 /23 06/30/24 6,160 0 6,160
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 6,160 0 6,160
Task Activity Deliverables/Outcomes Due Date/Ti me Frame Payment Information
# and/or Amount
I Develop a proposal to improve immunization coverage rates for Written proposal summarizing project plan August I , 2023 Reimbursement for actual
a target population by increasing promotion activities and and method of assessing/observing change costs incurred, not to
collaborating with community partners ( can use pre and post in target population. exceed total funding
qualitative or quantitative collection methods consideration amount.
Examples of gualitative & guantitative methods/measures: (Template will be provided)
• Surveys, Questionnaires, Interviews
• Immunization coverage rates expressed in percentages
• Observations (i.e., feedback from surveys/interviews,
social media posts comments)
• Analytic tools (i.e., google analytics measuring
website traffic, page v iews etc.)
Exhibit A , Statement of Work Page 1 of3 Contract Number CLH31019-Amendment 16
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Info rmation
# and/or Amount
2 Upon approval of proposal, implement the plan to increase Written report describing the progress November 30, 2023 Reimbursement for actual
immunization coverage rates with the target population made on reaching milestones for activities costs incurred, not to
identified. identified in the plan (template will be March 31, 2024 exceed total funding
provided),. consideration amount.
3 Develop final report to include comparison of change or Final written report including measured June 15, 2024 Reimbursement for actual
improvement of targeted outcome from start of the and/or observed outcomes [what was costs incurred, not to
project/intervention [This can be short-term or intermediate achieved as a result of the exceed total funding
outcomes w ith overall goal to increase immunization rates] activity/in tervention?]. consideration amount.
Examples:
• Increased partner knowledge on immunization (T emplate will be provided)
guidelines
• Change in attitudes ab out childhood vaccines
• Increase in school district immunization coverage
rates
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance-related inquiry, may be sent to finan ce@ doh.w a.gov .
Federal Funding Accountabilitv and Transparencv Act {FFATA) (Applies to federal grant awards.)
This statement of work is supported by federal funds that require comp! iance with the F ederal Funding Accountability and Transparency Act (FF AT A or the Transp arency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
T o comply with this act and be eligible to perform the activities in this statement of work, the L HJ must have a Unique Entity Identifier (UEI) gener ated by SAM.gov.
Information about the LHJ and this statement of work wi ll be made available on USASpending.gov by DOH as required by P .L. 109-282.
P ro gram Specifi c Requirem ents
U11a/lowable Costs:
There are limitations from the jitnding source on allowable costs for this contract. If the contractor is unsure if a cost is allowable, they s hould contact the contract manager for
approval of the cost prior to making the purchase or charge.
• Advertising costs (e.g., conventions, displays, exhibits, meetings, memorabilia. gifts, souvenirs)
• Alcoholic beverages
• Building, purchases, construction, capital improvements
• Clinical care (non-immunization sen1ices)
• En tertainment costs
• Fundraising Cost
• Goods and services for personal use
• Honoraria
• Independent Research
• Land acquisition
Exhibit A, Statement of Work Page 2 of3 Contract Number CLH 31019-Amendment 16
Page 27 of33
• Legislative/lobbying activities
• Interest on loans for the acquisition and/or modemization ~fan existing building
• Payment of a bad debt, collection of improper payments
• Promotional and/or incentive materials (e.g., plaques, clothing, and commemorative items such as pens, mugs/cups,folders/folios, lanyards, magnets, conference bags)
• Purchase of food/meals (unless part of required travel per diem costs)
• Vehicle Purchase
Exhibit A, Statement of Work Page 3 of3 Contract Number CLH3 l O 19-Amendment 16
Exhibit A
Statement of Work
Contract Term: 2022-2024
Page 28 of 33
DOH Program Name or Title: Office of People Services-HR-Public Health
Infrastructure Grant -Effective January 1, 2024
L ocal Health Jurisdiction Name: Mason County Public H ealth
Contract Number: CLH 31019
Type of Payment SOW Type: Original Revision # (for this SOW) Funding Source
IZJ Federal Subrecipient
Federal Compliance
( check if applicable) IZJ Reimbursement
D State IZJ FFATA (Transparency Act) D F ixed P rice
D Other D Research & D evelopment Period of Performance: January 1. 2024 through D ecember 31, 2024
Statement of Work Purpose: The purpose of this statement of work is to prov ide funding to estab lish, expand, train, and sustain the LHJ public health workforce in accordance
with the CDC Public Health Infrastructure Grant (PRIG).
NOTE: The funding allocation in this SOW is for the period of January 1, 2024 through June 30, 2025. Deliverables with due dates after December 31, 2024 are shown
for informational purposes only. DOH intends to include any unspent funding in a new SOW in the next consolidated contract term beginning January 1, 2025 for
continuation of this project through June 30, 2025.
Revision Purpose: N / A
Master Assistance BARS Allocation
Index Listing Revenue LHJ Funding Period Current Change Total
DOH Chart of Accounts Master Index Title Code Number Code Sta rt Date End Date Allocation Increase(+) Allocation
FFY22 PH Infrastructure Como Al-LHJ 92321223 93 .967 333 .93.96 01 /01 /24 12/31/24 0 200,000 200 ,000
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
TOTALS 0 200 ,000 200,000
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
l Submit names, position titles, email addresses and phone numbers Submit information by March 15 , March 15 , 2024 Reimbursement for actual
o f key LHJ staff responsible for thi s statement of wor k , including 2024, and any changes w ithin 30 d ays costs not to exceed total
management, program staff, and accounting and/or financial staff. of the change. W ithi n 30 days of the funding allocation amount.
change.
2 D evelop a plan to use th ese funds for one or more of the Implementation Plan June 30, 2024, or sooner.
allowable costs listed b elow .
Exhibit A , Statement o f Work Page 1 o f 4 Contract Number CLH3 l O 19 -Amendment 16
p ·--.f33 --.
Task Activity Deliverables/O ut comes Due Date/Time Frame Payment Information
# and/or Amount
Submit plan to the DOH Program Contact fo r review and pri or Requests for approval of contracts As needed
approval as soon as possible. We want to be sure your planned and/or equipment.
activities are allowable, and we will be able to reimburse you for
the expenses.
Funding is intended to establish, expand, train, and sustain public
health staff to supp ort LHJ prevention, preparedness, response,
and recovery initiati ves. These include the following short-term
outcomes: incr eased hiring of di v erse public health staff,
increased retention of ex isting public health staff, and improved
workforc e systems and processes. Washington will also move
toward the following intermediate outcome measures as part of
this Workforce initiative : increased size [and capabilities] of the
public health workforce, increased job satisfaction, stronger
public health foundatio n a l capabilities, and increased reach of
public health services . Ultimately, these workforce investments
will support accelerated prevention, preparedness, and response to
emerging thr eats, and improved other public health outcomes.
Funding can be used for permanent full-time and part-time staff,
temporary o r term-limited staff, fellows , interns, con tractors, and
contracted employees.
Allowable costs include:
• Costs , in cl uding wages and benefits, related to r ecruiting,
hiring, and training of new or existing public health staff.
• Purchase of supplies and equipment to support the
expanded and/or current workforce and any training
re lated to the use of supplies and equipment.
• Training and ed ucation (and relat ed travel) for new and
existing staff on topics such as incident management
training, health equity issues, working with underserved
populations, cultural competency, dis ease investigations,
informatics or data management, or other needs
identified by the LHJ .
• Costs of contractors and contracted staff.
Notes:
• Preappr oval from D OH is required to contract with these
funds.
• Preapproval is required for the pur chase of equipment.
(Equipment is a tangible item with an original per-unit
cost of$5 ,000 or more.)
Exhibit A, Stat ement of Work Page 2 of4 Contract Number CLH3 l O 19-Amendment 16
---
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
3 Data collection, as applicable, based on activities LHJ has Data on form provided by DOH. July 10, 2024
completed during the reporting period. January 10, 2025
July 10, 2025
Data collection includes:
• Total new hires
• Describe challenges or experiences that have impacted
progress toward achieving set hiring goals.
• Describe promising practices or activities that should be
considered for sustained funding.
• Explain your approach and mitigation plans to address
challenges in meeting these hiring goals.
• Health Equity-Identify metrics to address Diversity,
Equity , and Inclusion (DEI) in hiring.
• Existing Staff budget for this funding .
Note: Reporting periods are -
January 1, 2024-June 30, 2024, July 1, 2024-December 31, 2024,
and Januarv 1, 2025-June 30, 2025.
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other
finance-related inquiry, may be sent to finance@doh .wa.gov.
Federal Funding Accountabilitv and Transparencv Act (FFATA) (Applies to federal grant awards.)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FF AT A or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work, the LHJ must have a Unique Entity Identifier (UEI) generated by SAM.gov.
Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282.
Program Specific Requirements
Follow all Federal requirements for use of Federal funds:
Code ofFederal Regulations (CFR), Title 2, Subtitle A, Chapter II, Part 200
Uniform Administrative Requirements , Cost Principle, and Audit Requirements for Federal Awards
eCFR: 2 CFR Part 200 -Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
The following expenses are not allowable with these funds:
• Clothing (except for vests to be worn during exercises or responses).
• Food or beverages.
• Incentives.
• Items to be given to community members (members of the public).
Exhibit A, Statement of Work Page 3 of4 Contract Number CLH3 l O 19-Amendment 16
Page 31 of 33
• Salaries at a rate more than Executive Level II (Federal Pay Scale).
• Vehicles (with preapproval , funds may be used to lease vehicles).
Preapproval from DOH is required to use these funds for:
• Contracting.
• Purchasing equipment. (Equipment is a tangible item with an original per-unit cost of $5,000 or more.)
• Disposition of equipment with a current value of $5,000 or more.
(Equipment is a tangible item with an original per-unit cost of $5 ,000 or more.)
• Leasing vehicles.
• Out of state travel.
Note: Preapproval is no longer required for paying overtime.
See also DOH A 19 Documentation Matrix for additional expenses that may require preapproval.
Bll,LING
All expenses on invoices roust be related to statement of work tasks.
Submit invoices monthly on a signed Al9 with backup documentation appropriate for risk level. DOH will provide Al9 and risk level.
• If your invoice includes indirect costs, you must have an indirect rate cost agreement approved by DOH.
• If you have no expenses related to this contract for a month, let your DOH Primary Point of Contact know via email.
• Submit final billing within 60 days of the end of the contract period.
Exhibit A, Statement of Work Page 4 of4 Contract Number CLH3 l O 19-Amendment 16
Exhibit A
Statement of Work
Contract Term: 2022-2024
Page 32 of 33
DOH Program Name or Title: Zoonotic Disease Program-WNV Mosquito
Surveillance -Effective June l, 2022
Local Health Jurisdiction Name: Mason County Public Health
Contract Number: CLH3 l 019
SOW Type: Revision Revision # (for this SOW) 2 Funding Source Federal Compliance Type of Payment
~ Federal Subrecipient ( check if applicable) ~ Reimbursement
D State ~ FF AT A (Transparency Act) D Fixed Price n ()thl'r II n ______ 1.. o_ T"-......... 1 ... ____ ., Period of Performance: June 1, 2022 through September 30, 2023
I L......I -···-· I LJ 1'..t:~t:i:lll;H CX. l./t:Vt:1UfJ11H:'1lL I
Statement of Work Purpose: The purpose of this statement of work is for Mason County Public Health to conduct bi-weekly mosquito surveillance for West Nile
virus (WNV) in Mason County during mosquito season, June through September. The detection of the virus in mosquito populations serves as an early warning of d isease risk in
the localized area. It alerts the local health department to strengthen edu cational o utreach and mosquito control to minimize the health impact of mosquito-borne disease on
communities. In addition, d ata generated by surveillance advances our understanding of the emergence and spread of vector mosquitoes and pathogens in western Washington.
Revision Purpose: Adding funds to FFY23 Vector-borne T 2&3 Epi ELC FPH to cover addi tional expenses.
Master Assistance BARS Allocation
Index Listin g Revenue LHJ F unding Period Current Change Total
DOH Chart of Accounts Master Ind ex Title Code Number Code Start Date End Date Allocation Increase ( +) Allocation
FFY2 l Vector-borne T2&3 Eoi ELC FPH 1882121B 93.323 333 .93.32 06/01 /22 07/31/22 2,750 0 2,750
FFY22 Vector-borne T2&3 Eoi ELC FPH 1882122B 93.323 333 .93.32 0 8/01 /22 07/31 /23 4,550 0 4,550
FFY23 Vector-borne T2&3 Eoi ELC FPH 1882123B 93.323 333.93 .3 2 08/01 /23 09/30/23 1.200 195 1,395
0 0 0
0 0 0
0 0 0
TOTALS 8,500 195 8,695
Task Activity Deliverables/Outcomes Due Date/Time Frame Payment Information
# and/or Amount
1 Conduct every other week mosquito trapping at two (2) site Submit two weekly collections of Weekly by Thursday Payment for task will be
locations in Mason County. mosquitoes along with complete during mosquito season, reimbursed for actual
· Purchase of dry ice and CO2 canisters, as needed corresponding data on reporting forms for June through September expenses up to the
trapping events to DOH. maximum available
· Set and collect traps Should no mosquitoes be collected during within the funding periods
Record field data on DOH-provided reporting forms, including a trapping event, the data reporting form described in the Funding
zero catch information documenting the effort is to be email ed to Table above.
the DOH Program contact.
See below Restrictions
on F unds.
Exhibit A, Statement of Work Page 1 of2 Contract Number CLH31019-Amendment 16
Page 33 of 33
DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH F inance SharePoint site. Questions related to this SOW, or any other
financ e-related inquiry, may be sent to finance@doh.wa.gov .
Federal Funding Accountabilitv and Transparencv Act {FFATA) (Applies to federal grant awards.)
This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act).
The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.
To comply with this act and be eligible to perform the activities in this statement of work, the LHJ must have a Unique Entity Identifier (UEI) generated by SAM.gov.
Information about the LHJ and this statement of work will be made avai lable on USASpending .gov by DOH as required by P.L. 109-282.
Program Specific Requirements
Restrictions on Funds (i.e., disallowed expenses or activities, indirect costs, etc.):
The current project period is June 1, 2023 -September 30, 2023. Billing outside this date range will be provided to DOH at no cost.
CDC Funding Regulations and Policies: https://www.cdc.gov/grants/documents/General-Terms-and-Conditions-N on-Research-Awards.pdf
Billing Requirements: LHJ may bill monthly. Invoices must be received no more than 60 days after the billing period.
Exhibit A, Statement of Work Page 2 of2 Contract Number CLH31019-Amendment 16
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: David Windom
Ext. 260
Department: Public Health
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Health Officer Contract Amendment
Background/Executive Summary:
This amendment will update the current Professional Services Contract with Dr. Keri Gardner, Health Officer
to increase compensation by 6% from $4,000 to $4,240 per month.
Budget Impact (amount, funding source, budget amendment):
Increase from $4,000 to $4,240 per month from County General Funds.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the Professional Services Contract amendment with Dr. Keri Gardner, Health Officer to increase
compensation by 6% from $4,000 to $4,240 per month.
Attachments:
Contract
MC Contract #24-
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT ID
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and Keri Gardner, hereinafter referred to as "CONTRACTOR."
Contracted Entity Keri Gardner, MD, MPH, FACEP ,
Address 2730 Daybreaker Drive
City, State, Zip Code Park City, UT 84098
Phone 310-903-2079
Primary Contact: Name, Title Keri Gardner, MD, MPH, FACEP
Primary Contact: E-mail myerdoctor@yahoo.com
Special Conditions
Funding Source: County Expense through the Public Health and Human Services budget.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing . The term of this CONTRACT may
be extended by mutual consent of the parties ; provided, however, that the CONTRACT is in
writing and signed by both parties
Extension:
The duration of this CONTRACT shall begin on date signed and shall continue in effect until
terminated by either party with (6) days written notice of such termination.
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 here under and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor .
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY . The
CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients
other than COUNTY , will report all income and expense accrued under this CONTRACT to the
Internal Revenue Service, and has a tax account with the State of Washington Department of
1
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 esti mated tax payments throug hout 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 employ ee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit A". Where Exhibit "A" requires payments by the COUNTY , payment shall be
based upon written claims supported, unless otherwise provided in Exhibit "A," 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 "A" 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 "A"
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may , upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty , until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages , provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT , to take all or any of the following actions : (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements , including
but not limited to those pertaining to payment of wages and working conditions , in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990 ; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual , firm or entity without the exp ress 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 terminat ion.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms , conditions and privileges of
employment for all qualified applicants and employees without regard to race, color , creed,
religion, national origin, sex, sexual orientation , age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation , age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws ,
CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation , disability, or veteran status , except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits ,
selection for training including apprenticeship, and participation in recreational and educational
activities . In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be b inding 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 furthe r 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 includ ing; plans, data reports, prior
to the release of the final payment for services .
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY , to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay
those costs and damages attributable to any such claims that are finally awarded against
COUNTY in any action. Such defense and payments are conditioned upon the following:
A CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim .
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement , is
made, provided no reduction in performance or loss results to COUNTY .
4
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:
Activities by the health officer authorized under this CONTRACT and conducted within the
scope of work as herein provided are covered under the county insurance pool.
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
5
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 arising out of ,
resulting from, or in connection with performance of this CONTRACT ; or 3) are based upon
CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of
COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim , damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act , and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation , and have been
mutually negotiated by the parties .
Participation by County - No Waiver. COUNTY reserves the right , but not the obligation , to
participate in the defense of any claim , damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR 's indemnity obligations under this CONTRACT .
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR 's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
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.
6
The Administrative Officer for purposes of this CONTRACT is :
David Windom
Mason County Public Health and Human
Services Director 415 N . 6th Street
Phone: 360-427-9670 Ext. 260
Fax: 360-427-7787Email:dwindom@masoncountywa.gov
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health and Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: caseyb@co.mason.wa.us
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT . Notices and other communication may be conducted via
e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including
delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party , shall be in writing and signed by both of the parties .
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 C ONTRACT
until all work called for has been fully performed . Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY . Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
7
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work . Termination of this CONTRACT by
COUNTY at any time during the term , whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available project funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY , arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records , orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim . CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used , and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the
work from which the claim arose, and before final payment by COUNTY , the CONTRACTOR
has given COUNTY a detailed written statement of each element of cost or other
compensation requested and of all elements of additional time required , and copies of any
supporting documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove ,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise , including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator . The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief (including specific performance), or any other
remedy- available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction . The parties agree
8
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pied before the arbitrator . At the request of either party
made not later than forty-five (45) days after the arbitration demand , the parties agree to submit
the dispute to nonbinding mediation , which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration .
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced , regardless of the date of discovery or whether the claim , dispute or
issue was continuing in nature . Claims, disputes or issues arising more than six (6) years prior
to a written request or demand for arbitration issued under this Agreement are not subject to
arbitration .
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT , the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County . Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of Mason County and the State of Washington .
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid , such invalidity shall not affect other terms , conditions or
applications which can be given effect without the invalid term , condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable .
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived ,
modified or deleted except by an instrument , in writing, signed by the parties hereto . The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT , or to
exercise any option herein conferred in any one or more instances , shall not be construed to be
a waiver or relinquishment of any such , or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (0MB) circulars and federal and state executive orders.
B. Funding source agreement(s) including attachments
C. Exhibit B Insurance Requirements
D. Special Conditions
E. General Conditions
F. Exhibits A Scope of Service
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 .
9
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year written below.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Randy Neatherlin , Commissioner Chair
Dated _
Sharon Trask, Commissioner
Kevin Shutty, Commissioner
ATTEST:
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
Tim Whitehead
Chief Deputy Prosecuting Attorney
CONTRACTOR
EXHIBIT A
SCOPE OF SERVICES & COMPENSATION
Contractor's responsibilities
Working in collaboration with the Community Services Director , and Mason County Board of
Health, the health officer responsibilities include the enforcement of local and state public health
laws, serving as the chief medical officer for the local health jurisdiction with responsibility for
the control and prevention of disease. The health officer enforces the public health statutes of
the state and the rules promulgated by the State Board of Health and the Secretary of Health.
The position is a contracted position for 0.2 FTE (8 hours weekly) and on-call via phone or email
for consultation and staff guidance .
The Health Officer may provide similar services to other local health jurisdictions under shared
services agreement(s) between Mason County Public Health and those local health
jurisdiction(s). Under policy direction from the local Board(s) of Health, the Health Officer is
responsible for and empowered to enforce the provisions of RCW 70.05.070, RCW 70.58.020
and other applicable state laws. Duties require innovative leadership and active collaboration
with a wide range of strategic partners and stakeholder s to address public health issues in a
rapidly changing environment.
The Health Officer provides medically accurate, scientifically proven advice or guidance to the
Board of Health, the Director, agency staff, the local medical community, internal and/or external
advisory counsel(s), local, state, tribal and federal public health partners , the media, and the
public.
Additionally, the Health Officer is required to help identify priorities and emerging trends,
communicate health data and information in a variety of settings, and assist with planning for
and response to bioterrorism and other public health emergencies. In coordination with
communications personnel , the Health Officer will often act as spokesperson and media contact
for the local health jurisdiction. The Health Officer is also expected to work closely and
communicate regularly with the medical community and other community groups to build
credibility for public health.
Director and Board of Health provide direction in terms of broadly defined missions , functions and
policy direction. Candidate has total responsibility for their work. Results of work are considered
to be technically authoritative and are normally accepted without significant change . Work may
be reviewed for fulfillment of provisions set forth under state law for local health officers , as well
as organizational and policy objectives, effect/advice , influence, and contribution to meeting the
community's needs.
Essential Job Functions
• Provides medical/clinical oversight in the investigation of community concerns , reported or
suspected cases or perceived clusters of diseases or conditions considered a threat to public
health.
• Provides medical/clinical oversight in the investigation of reported or suspected cases or
perceived clusters of communicable (infectious) diseases or conditions considered a threat to
public health. Determines appropriate action including initiating disease prevention and
infection control. Provides professional and technical assistance and/or direction in
surveillance activities, unusual or particularly sensitive cases.
• Develops and issues time-sensitive Health Officer Orders and enforces public health
statutes, rules and regulations of the State Board of Health and State Department of Health
and local health rules , regulations, and ordinances. Emphasis is on communicable
disease control and environmental health.
• Provides guidance on infectious diseases with community physicians and medical providers,
infection control practitioners, agency staff, and other providers for the purpose of enhancing
surveillance of communicable disease and optimizing timely response.
• Develops and issues public health advisories to medical providers, hospitals, community
agencies, and the public.
• Serves as the Local Registrar for registering births and deaths in Mason County.
• Designs, performs and/or oversees studies of potential threats to public health and presents
findings and recommendations to the Board of Health.
• Identifies emerging medical and environmental issues and confers with and
makes recommendations to appropriate staff on health-related issues.
• Participates in assessing the health status of the community. Provides oversight on
comprehensive studies of potentially systemic threats to public health; researches, analyzes ,
compiles, prepares and presents conclusions, reports and recommended actions. Evaluates
the causes of communicable diseases; determines appropriate evaluation and intervention
strategies.
• Participates in the regular and systematic review of unexpected deaths among infants and
children and actively participates to identify risk factors and preventive strategies.
• Writes, reviews, and/or revises standing orders and protocols and provides advice for clinical
services such as tuberculosis treatment.
• Participates in administrative appeals regarding environmental health permit denials.
• Provides medical direction during public health emergencies; assures public is protected from
diseases; assures isolation, quarantine and other control measu res are ordered and
implemented in accordance with state RCWs and WACs.
• Acts as a visible public voice in the community for sound medical practices, emerging
infectious diseases, emergency preparedness, and local public health policy, and promotes
optimum public health/preventive efforts through presentations to professional, civic and lay
groups.
• Responds to public inquiries and requests regarding public health practices, policies,
emergencies, recommendations, and guidance.
• In close coordination with the Board and the Administrator, works with legislators, interest
groups (e.g., Washington State Medical Association), and others on regulatory and financial
initiatives.
• Performs other duties as assigned .
Compensation:
1. Agreement Amounts
The contracted agreed-upon amount is $4240 per month, $50,880 per year.
2. Requests for Payment:
A. At a minimum a monthly invoice is to include: the performance period; date of submission;
CONTRACTOR's name, remittance address, and phone number; invoice total; and any
additional applicable information.
B. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager
caseyb@co.mason.wa.us
C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a
complete and accurate invoice.
12
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Melissa Casey
Ext. 404
Department: Public Health
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Women, Infants, and Children Space Agreement
Background/Executive Summary:
Public Health and Human Services will operate the Women, Infants, and Children (WIC) Program utilizing the
Mason Health clinic space located inside the Shelton Family YMCA. The space agreement has been revised to
reflect the days and hours of operation beginning March 1, 2024.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
None
Requested Action:
Approval for the Public Health Director to sign the Women, Infants, and Children (WIC) Program space
agreement with Public Hospital District No. 1.
Attachments:
Agreement
Agreement Between
Public Hospital District No. 1 of Mason County
And
Mason County Public Health & Human Services
THIS AGREEMENT is dated this _____ day of January 2024, by and between Public
Hospital District No. 1 of Mason County, a municipal corporation, hereinafter referred to as the
"District" and Mason County Public Health & Human Services, a Washington County,
hereinafter referred to as the "Health Department".
RECITALS
A. The District was formed pursuant to Chapter 70.44 RCW as a public hospital districts to
own and operate hospitals and other health care facilities and to provide hospital services
and other health care services for the residents of such districts and other persons.
B. With the closing of the local Women’s, Infants and Children Clinic in Shelton, the Health
Department desires to bring these services back to Mason County under their direction.
C. The District has the authority under RCW 70.44.060 to lease existing hospital and other
health care facilities and equipment and/or other property used in connection therewith,
and a District has the authority to contract with other communities, corporations, or
individuals for the healthcare services.
D. The District rents clinic space at South Sound YMCA, located at 3101 N Shelton Springs
Rd, Shelton, WA 98584 which is suitable for the establishment of a part time Women’s,
Infant, and Children Clinic at the YMCA clinic.
E. The Health Department and District find it in the bests interests of the community to
sublet the YMCA clinic space to the Health Department for such a clinic.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter
provided agree as follows:
1. The District, for and in consideration of the services to be provided by the Health,
Department and the covenants and provisions herein contained, do hereby sub-lease
and let to the Health Department the use of the YMCA clinic space on Monday,
Wednesday, and Friday at 8:00 am – 4:30 pm each week. Dates and hours of
operation are subject to change upon mutual agreement of both parties. No monetary
rent is required.
2. The Health Department shall:
a. Be entitled to use the furniture and exam tables but shall not use any of the
District’s supplies, computers or other equipment.
b. Leave the clinic space in a good and clean condition after each use so the
clinic space may be utilized by the District when the Health Department is
not using the space.
c. Repair any damages caused by the Health Department employees, agents
and/or guests or invitees.
3. The term of this sub-lease shall be from February _____ 2024 to December _____,
2024. Thereafter this agreement shall automatically renew of one-month terms until
cancelled. Either party may terminate this agreement without cause by giving the
other party 30 days written notice.
4. The Health Department shall indemnify, protect, defend and hold harmless the
District and Landlord and their agents, partners, and lenders, from and against any
and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys'
and consultants' fees, expenses and/or liabilities arising out of, involving or in
connection with, the use and/or occupancy of the Leased Premises by the Health
Department, except to the extent caused by District or Landlord's negligence or
willful misconduct. If any action or proceeding is brought against the District or
Landlord by reason of any of the foregoing matters, the Department of Health shall
upon notice defend the same at the Department’s expense by counsel reasonably
satisfactory to the District and the Landlord and said parties shall cooperate with the
Department in such defense. The Department of Health shall also pay the reasonable
fees and costs of the District and Landlord's counsel to monitor defense counsel and
legal matters.
5. The Health Department agrees that the building’s Landlord shall at all times have the
exclusive control and management of all parking areas, access roads, driveways,
entrances, loading areas, signs, drainage facilities, landscaped areas, and other areas,
improvements, facilities, and special services provided by Lessor for the general use,
in common, of Lessees of the medical center (common areas and facilities.). Lessor
had exclusive control over the common areas and facilities and do and perform such
other acts in the common areas and facilities Lessor deems necessary or desirable.
The Health Department agrees to comply with all common area rules and regulations
established by Lessor.
6. The Health Department may not assign this lease or sublet the whole or a portion of
the leased premises to any individual or business without the written consent of the
District and the Landlord withheld, provided such assignment or subletting shall not
release the Health Department of its obligations hereunder.
7. The Health Department shall abide by all terms and conditions of that certain Service
Lease dated December 20, 2019, between Public Hospital District No. 1 of Mason
County and South Sound Young Men’s Christian Association.
8. The Health Department further covenants and agrees that it will not do or suffer any
waste in said leased premises; that it will use the same for lawful purposes only.
9. Nothing in this Agreement shall constitute, or be deemed or construed to create a
partnership, joint venture, or similar relationship between the Parties. Neither Party
shall be deemed to be the agent of the other Party by virtue of this Agreement, it
being understood and agreed that the District and Health Department are independent
parties contracting for clinic space Neither Party has, and neither party shall, hold
itself out as having any authority to enter into any contract or create any obligation or
liability on behalf of the other Party.
Dated this _____ day of _______________, 2024.
Public Hospital Dist. No. 1 of Mason County Public Health &
Mason County Human Services
_______________________________ ________________________________
Eric Moll, CEO David Windom, Director
Mason County Community Development
Briefing
January 8, 2024
Briefing Items
→ Planning Advisory Commission application – Kell Rowen
→ Quarterly SmartGov, permitting, and scanning project updates – Kell Rowen
→ Title 16 amendments – Kell Rowen
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Kell Rowen
Ext. 286
Department: Community Development
Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
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:
Planning Advisory Commission Application from William Harris
Background/Executive Summary:
William Harris, District 1, applied to serve on the Planning Advisory Commission (PAC).
Current membership: District 1 – Jeff Carey and Terri Arcieri; District 2 – Brad Carlberg; and District 3 – Bob
Wilkerson. There are three open seats on the PAC.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
Advertised via news release and on the County website.
Requested Action:
Interview William Harris for the Planning Advisory Commission (PAC).
Attachments:
Application
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Kell Rowen
Ext. 286
Department: Community Development
Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
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:
Quarterly SmartGov, Appointment System, and Scanning Project Update
Background/Executive Summary:
Community Development will give quarterly updates on the SmartGov permitting software, appointment
system, and scanning project funded by American Rescue Plan Act (ARPA).
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Discussion only.
Attachments:
SmartGov To-Do List
Date Completed Topic Description
10/25/2023 Boundary Line Adjustments Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
10/25/2023 Declaration of Parcel Combo Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
10/27/2023 PW Inspection Added a failed option for PW Final inspections
11/1/2023 Cottage Industry Review Permit Minor updates to permit type to increase clarity
11/1/2023 Pre‐final Inspection Add pre‐final inspection which allows for move in earlier. Temp Cert. of Occupancy added as an option.
11/1/2023 Demo Permit Permit type fully reviewed and cleaned up.
11/1/2023 Admin Variance Permit Permit type fully reviewed and cleaned up.
11/3/2023 AFA Submittal PCA removed from submittals
11/15/2023 Ground Mount Solar Permit type fully reviewed and cleaned up.
11/15/2023 Residential‐Mechanical Permit type fully reviewed and cleaned up.
11/15/2023 Residential‐ Plumbing Permit type fully reviewed and cleaned up.
11/15/2023 Residential Re‐roof permit Permit type fully reviewed and cleaned up. Pending final edits to standard conditions.
11/15/2023 Residential Roof Mount Solar Permit type fully reviewed and cleaned up. Pending final edits to details tab.
11/15/2023 Large Lot Subdivisions Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
11/15/2023 Short Subdivision Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
11/29/2023 ADU Permit Permit type fully reviewed and cleaned up. Pending Environmental Health Review
11/29/2023 Mason Environmental Permit Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
11/29/2023 Resource Ordinance Variance Permit type fully reviewed and cleaned up.
12/5/2023 Incomplete Status
Changed status name to "Not Submitted" and description as "Not submitted from portal; incomplete application"
to clarify use of term.
12/6/2023 SWG/Septic Verification Confirmed the correct staff are signing off on this consistently.
12/6/2023 Manufactured Home Permit Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/6/2023 Development Regulation VarianceStaff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/6/2023 Plat ‐ Subdivision Permit Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/7/2023 NSF Fee
Created a new fee for this under the misc. fee category in addition to the one under the permitting cat so the fee
can be used for affidavits
12/12/2023 Commercial Addition/Remodel Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/12/2023 Commercial Change in Tenant Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/12/2023 New Commercial Permit Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/14/2023 Forest Practices Application Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/14/2023 Mobile Home Park Permit Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/14/2023 Moratorium Waiver or Release Staff met and fully cleaned up permit. SmartGov Lead to make final edits based on notes from meeting.
12/19/2023 Cancelled status names
Changed "Expired" and "Withdrawn" to "Application Expired" and "Application Withdrawn" so they will populate
on the list prior to "Denied" to avoid accidental denied selections
This report covers the period from 10/14/2023‐12/27/2023
Date Noted Topic Description
12/2/2021 SEPA DNS SEPA DNS form updated. Partially done, word doc location still to be updated
6/28/2022 Structures Tab Use for affidavit? Other uses?
7/27/2022 Comment Page Consider having the comment page submissions sent to permitting email to then distribute
9/8/2022 Valuation Table Has missing info; Genie maybe submitted a ticket. IT item likely; maybe SG item
9/15/2022 Approved pop‐up Can SmartGov have the note box automatically po‐up when selecting approved?
10/29/2022 Com Re‐roof Needs to be set up properly. Meeting Scheduled
11/16/2022 Res Flowchart Consider updating permit flowchart as handout to help landowners
11/16/2022 Submittals/details Clean up submittal list for ea. permit type. Working through the permit types
1/20/2023 Parcel Owner Can we work with SG to delete the ones there in error?
5/17/2023 Parcel History Tab on parcels that could show when parcel #s change; currently there is no easy way to know.
6/13/2023 Reports Figure out how to fully utilize: Incomplete letter; deficiency report
6/13/2023 Main Page Status Clean up needed
6/20/2023 Sample Links Submittal Items can have sample links to show what it should look like. Work to develop.
8/7/2023 Security Groups Clean up and update to make sure staff have correct permissions
9/29/2023 Code Enf Cases Work with staff on updating these case types. Both ENF and EHC
10/4/2023 Inspections
Set up so final inspection cannot be done until all others have passed. See if possible to prevent requests for inspections when
others haven't passed
10/4/2023 PLN Inspection Make a general PLN inspection
10/5/2023 NOA Review Check with planners to see if added step okay.
10/11/2023 Inspections Reason Why are there both requested and required? Josh L doesn't know. Ask Nikita
10/13/2023 Conditions Develop process for applicants to sign off conditions for permits issued online
10/13/2023 Recurring Inspection Useful? Research in order to determine utility.
12/6/2023 Submittals Portal Look into how submittals show in portal in test; possible that some may be visible to public or all private?
12/6/2023 Portal Go through public portal and see how things show to ensure proper set up.
12/7/2023 Detail Clean Go through details and change name to Z legacy or similar to help with sorting
12/12/2023 Parent Child Reports Can a report be created that will print out conditions of all child permits? A modification of the permit card report
12/18/2023 Inspection ENF Add an ENF inspection to add to permits related to ENF
This report covers the period from 10/14/2023‐12/27/2023
Category Number
Total Permit Types (DCD) 67
Online Permits 17
Fully Updated Permits 11
Permits Pending Final Edits 21
Permits Requiring Full Review 35
This report covers the period from 10/14/2023‐12/27/2023
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Kell Rowen
Ext. 286
Department: Community Development
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☒
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16 and February 13, 2024
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:
Amendments to Title 16 – Plats and Subdivisions
Background/Executive Summary:
The Mason County Planning Department brought forth a text amendment to Title 16, Chapter 16.40, Section
16.40.041(1)(A) in August of 2023 along with other amendments. The amendment was approved by the
Board on August 15, 2023 as Ordinance no. 2023-045 Attachment B. This proposed text amendment undoes
the amendment to Section 16.40.041(1)(A).
Staff is requesting to amend the subject section back to the original text. Subsequently, staff will review
boundary line adjustment regulations in their entirety in both Titles 16 and 17 and consider making
recommended amendments at a future meeting. At their December 18, 2023 meeting, the Planning Advisory
Commission (PAC) unanimously recommended the amendment be forwarded to the Board for consideration
and approval.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
Staff and PAC held one Public Hearing which was advertised according to the notification requirements of
Title 15.07.030.
Requested Action:
Approval to set a Public Hearing for Tuesday, February 13, 2024 at 9:15 a.m. to consider amending Title 16 –
Plats and Subdivisions Section 16.40.041(1)(A).
Attachments:
Ordinance
PAC Staff Report
ORDINANCE NUMBER __________
AMENDMENT TO MASON COUNTY CODE TITLE 16
ORDINANCE amending Mason County Code Title 16, Plats and Subdivisions.
WHEREAS, under the authority of Chapter 58.17 RCW, Mason County has authority to regulate
the process by which land is divided; and
WHEREAS, the Mason County Board of County Commissioners made an amendment to Title
16, Section 16.40.041 (1)(A) relating to boundary line adjustments by Ordinance No. 2023-045
Att. B on August 15, 2023; and
WHEREAS, the Planning Department proposed to amend the same section back to the original
text to allow for further public comment in the future if it is amended again ; and
WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason
County Code Title 16, Plats and Subdivisions on February 13, 2024; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as described
in ATTACHMENT A.
DATED this ____ day of _____________ 2024.
ATTEST:
________________________________
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
________________________________
Tim Whitehead, Chief DPA
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
____________________________________
Randy Neatherlin, Chair
____________________________________
Kevin Shutty, Commissioner
____________________________________
Sharon Trask, Commissioner
ATTACHMENT A
Created: 2023-05-24 11:42:55 [EST]
(Supp. No. 63, 5-23, Update 1)
Page 1 of 1
16.40.041 Decision criteria.
The review authority shall approve an application for a boundary line adjustment provided the following
criteria are met:
(1) The lots or parcels resulting after the boundary line adjustment shall meet all dimensional
requirements specified for the applicable zone as set forth in the approved Title 17 and, if applicable,
Chapter 8.52.
(A) Boundary line adjustments in residentially zone property must meet the requirements of
minimum and maximum lot sizes, as set forth in the approved Title 17, unless already legally non-
conforming.
(2) No lot, use, or structure is made nonconforming or more nonconforming than that which existed at the
time of application, and subject to the provisions of the approved Title 17 and, if applicable, Chapter
8.52.
(3) Will not diminish or impair existing or future drainage, water supply, sanitary sewage disposal
(including on-site sewage disposal) or legal access.
(4) All boundary line adjustments shall not result in any of the following:
(A) Shall not result in the creation of any additional lot, tract, parcel, site, or division.
(B) Shall not be reconfigured or adjusted in a way in which would render access for vehicles, utilities,
fire protection, or existing easements impractical to serve their purpose.
(5) A boundary line adjustment which includes out lots may be approved, provided that such tracts are
intended for and restricted by covenant to a specified accessory use, such as for stormwater
management, common area playground, or open space.
615 W. Alder Street ⧫ Shelton, WA 98584
360.427.9670 ext. 286 | masoncountywa.gov
MEETING OUTCOME
REC. APPROVAL
AYE _____
NAY _____
CONT. HEARING
OTHER ___________
_________________
_________________
_________________
_________________
STAFF REPORT
PROPOSED AMENDMENTS
TITLE 1 6
Background
Mason County Planning Department brought forth a text amendment to Title 16, chapter 16.40,
section 16.40.041 (1)(A) in June of this year along with other amendments. The amendment was
approved by the BOCC on August 15, 2023, as Ordinance No. 2023-045 Att. B. This proposed text
amendment undoes the amendment to section 16.40.041 (1)(A).
Discussion
Staff requests to amend the subject section back to the original text. Subsequently, staff will review
boundary line adjustment regulations in their entirety in both Titles 16 & 17 and consider making
recommended amendments at a future meeting.
RE: Public Hearing for considering amendments to Title 16 – Plats &
Subdivisions related to boundary line adjustments (BLAs).
Department: Community Development – Planning
Staff Contact(s):
Kell Rowen, DCD Director
Ext. 286 or krowen@masoncountywa.gov
Date: December 18, 2023
Meeting Type: Public Hearing
Action Requested at this Meeting: PAC review of the proposed amendment
and recommend approval to the Board of County Commissioners.
Attachment(s): Proposed amendment to Title 16, chapter 16.40, section
16.40.041 (1)(A).
615 W. Alder Street ⧫ Shelton, WA 98584 2
360.427.9670 ext. 286 | masoncountywa.gov
STATE ENVIRONMENTAL POLICY ACT (SEPA) DETERMINATION
This non-project action SEPA is exempt per WAC 197-11-800 (19)(b).
PUBLIC NOTICE
Public notice requirements per MCC Title 15.07.030.
REQUESTED ACTION BY PAC
Staff requests that the PAC and public review the proposed changes, provide any comments,
and recommend approval to the BOCC.
Action Items:
• Requesting the Board authorize the County Engineer to sign the Tolling Agreements from the
Department of The Army for the Great Bend (CRP 1995) and Cady Creek (CRP 2021) culvert
replacement projects on the North Shore Road County Road.
Discussion Items:
• DNR Clear Zone project on Elfendahl Pass Road postponed
Commissioner Follow-Up Items:
Upcoming Items:
December 26 – January 9th Free Christmas Tree Recycling @ Shelton and Belfair
January 16th @ 9:15am Hearing for the Long-Haul Service Agreement
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
January 8, 2024
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins
Ext. 452
Department: Public Works
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Tolling Agreement for Great Bend and Cady Creek Culvert Replacement Projects on North Shore Road
Background/Executive Summary:
Public Works is required to get an after-the-fact permit from the Army Corp of Engineers for the Cady Creek
(County Road Project 1995) and Great Bend (CRP 2021) culvert replacement projects on North Shore Road.
In order for the permit application to be accepted by the Corp, the County must sign a Tolling Agreement for
each project.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the County Engineer to sign the Tolling Agreement with the Army Corp of Engineers for the
Cady Creek (County Road Project 1995) and Great Bend (CRP 2021) culvert replacement projects on North
Shore Road.
Attachments:
Corps Letter
Agreements
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT
4735 EAST MARGINAL WAY SOUTH, BLDG 1202
SEATTLE, WA 98134-2388
CERTIFIED MAIL
Regulatory Branch December 19, 2023
Erik Schwartz
Mason County Public Works
100 West Public Works Drive
Shelton, Washington 98584
Reference: NWS-2022-25
(Cady Creek)
NWS-2022-27
(Great Bend)
Mason County
Public Works
Dear Mr. Schwartz:
My staff has reviewed the information contained in your letter of November 21,
2023, concerning two Mason County properties located near Belfair, Washington. You
have not obtained the appropriate permits from the U.S. Army Corps of Engineers
(Corps) which is a violation of Federal law. Federal law provides means whereby
violators may be prosecuted. However, I have decided not to pursue prosecution at this
time provided you complete one of the courses of action listed below. Failure to
complete one of these actions may result in legal action, which could include an
appropriate penalty.
To resolve this violation, two courses of action are available to you: (1) voluntarily
remove the fill, or (2) complete the application in process by obtaining an after-the-fact
(ATF) permit authorization to retain the existing work.
Also, our regulations require a signed tolling agreement before we can accept an
ATF permit application. If you intend to obtain an ATF permit authorization, please
review, sign, and return the enclosed Tolling Agreement for each project. If you have
any questions regarding the tolling agreement, please contact our Office of Counsel
at (206) 316-3130.
- 2 -
You must choose a course of action and inform us of your decision in writing within
30 days from the date of this letter. If you have any questions concerning your reply,
please contact Mr. Joshua Taylor at joshua.r.taylor@usace.army.mil or at (360) 318-
3724.
Sincerely,
FOR Kathryn P. Sanborn, PhD, PE, PMP
Colonel, Corps of Engineers
District Commander
Enclosure
a. Tolling Agreement
cc:
Washington State Department of Ecology,
ATTN: Federal Permit Coordinator
(Via email ecyrefedpermits@ecy.wa.gov)
1 of 3
TOLLING AGREEMENT
For Reference: NWS-2022-25; MasonCountyPW-CadyCreekMP6-92
WHEREAS, the United States of America, on behalf of the United States Army
Corps of Engineers (Corps) may file a complaint against Mason County Public Works
(“potential defendant(s)”) for, inter alia, alleged violations of Sections 301(a), 309, & 404
of the Clean Water Act (“CWA”), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or
Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401,
403, or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411,
1413), at a site commonly known as Parcel 222090060000 in Cady Creek at Belfair,
Mason County, Washington.
WHEREAS, the purpose of any such complaint would be to obtain appropriate
injunctive relief and to impose appropriate civil or criminal penalties for potential
defendant’(s) alleged violations of the statute(s) cited above;
WHEREAS, the Corps accepted an after-the-fact (ATF) permit application from
the potential defendant(s) in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by
continuing the ATF permit process without the disruption that might be occasioned
should the United States file a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement;
2 of 3
THEREFORE, the United States and potential defendant(s) stipulate and agree
as follows:
1. The United States and potential defendant(s) agree that the time between the
acceptance by the Corps of the ATF permit application and the final Corps decision (as
defined at 33 CFR 331.10), plus one year thereafter, will not be included in calculating
any statute of limitations that might be applicable to the alleged statutory violation(s)
described above. Potential defendants agree not to assert, plead, or raise in any fashion
on behalf of any party, whether by answer, motion, or otherwise, any defense or
avoidance based on the running of any statute of limitations that may apply during that
period or any defense or avoidance based on laches or other principle concerning the
timeliness of commencing a civil action, based on the failure of the United States to file
its complaint during that period.
2. Potential defendants further agree not to transfer the property interest(s) in
question during the pendency of this tolling agreement nor during the pendency of any
civil action brought as described above, without first notifying the United States and
giving the United States a reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the United
States from filing a complaint regarding any alleged statutory violation(s) not described
above, at any time.
3 of 3
4. This tolling agreement does not constitute any admission of liability on the part
of potential defendants; nor does it constitute any admission or acknowledgment on the
part of the United States that any statute of limitations has run or that any statute of
limitations is applicable to the statutory claims described above.
5. This tolling agreement contains the entire agreement between the parties, and
no statement, promise or inducement made by any party to this agreement, or any
agent of such parties, that is not set forth in this agreement shall be valid or binding.
This tolling agreement may not be enlarged, modified or altered except in writing signed
by the parties. This tolling agreement may be executed in counterparts.
FOR the United States of America:
Craig Juckniess DATE
District Counsel
Seattle District, U.S. Army Corps of Engineers
FOR (“potential defendant(s)”):
Mason County Public Works DATE
1 of 3
TOLLING AGREEMENT
For Reference: NWS-2022-27; MasonCountyPW-GreatBend
WHEREAS, the United States of America, on behalf of the United States Army
Corps of Engineers (Corps) may file a complaint against Mason County Public Works
(“potential defendant(s)”) for, inter alia, alleged violations of Sections 301(a), 309, & 404
of the Clean Water Act (“CWA”), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or
Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401,
403, or 407, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411,
1413), at a site commonly known as Parcel 322290060000 in Great Bend Creek at
Belfair, Mason County, Washington.
WHEREAS, the purpose of any such complaint would be to obtain appropriate
injunctive relief and to impose appropriate civil or criminal penalties for potential
defendant’(s) alleged violations of the statute(s) cited above;
WHEREAS, the Corps accepted an after-the-fact (ATF) permit application from
the potential defendant(s) in an attempt to settle the above claims;
WHEREAS, both parties believe that their interests will best be served by
continuing the ATF permit process without the disruption that might be occasioned
should the United States file a complaint in the immediate future;
AND WHEREAS both parties acknowledge the requirement found at 33 C.F.R.
331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement;
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THEREFORE, the United States and potential defendant(s) stipulate and agree
as follows:
1. The United States and potential defendant(s) agree that the time between the
acceptance by the Corps of the ATF permit application and the final Corps decision (as
defined at 33 CFR 331.10), plus one year thereafter, will not be included in calculating
any statute of limitations that might be applicable to the alleged statutory violation(s)
described above. Potential defendants agree not to assert, plead, or raise in any fashion
on behalf of any party, whether by answer, motion, or otherwise, any defense or
avoidance based on the running of any statute of limitations that may apply during that
period or any defense or avoidance based on laches or other principle concerning the
timeliness of commencing a civil action, based on the failure of the United States to file
its complaint during that period.
2. Potential defendants further agree not to transfer the property interest(s) in
question during the pendency of this tolling agreement nor during the pendency of any
civil action brought as described above, without first notifying the United States and
giving the United States a reasonable opportunity to oppose such transfer.
3. Nothing in this tolling agreement shall restrict or otherwise prevent the United
States from filing a complaint regarding any alleged statutory violation(s) not described
above, at any time.
3 of 3
4. This tolling agreement does not constitute any admission of liability on the part
of potential defendants; nor does it constitute any admission or acknowledgment on the
part of the United States that any statute of limitations has run or that any statute of
limitations is applicable to the statutory claims described above.
5. This tolling agreement contains the entire agreement between the parties, and
no statement, promise or inducement made by any party to this agreement, or any
agent of such parties, that is not set forth in this agreement shall be valid or binding.
This tolling agreement may not be enlarged, modified or altered except in writing signed
by the parties. This tolling agreement may be executed in counterparts.
FOR the United States of America:
Craig Juckniess DATE
District Counsel
Seattle District, U.S. Army Corps of Engineers
FOR (“potential defendant(s)”):
Mason County Public Works DATE
Mason County Administrator
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
January 8, 2024
Specific Items for Review
→ Contract with Munis/Tyler Technologies for cloud-based storage – Todd Cannon
→ Mason Transit Authority (MTA) Board membership – Diane Zoren
→ Timberland Regional Library Board of Trustees concurrence – Diane Zoren
→ Lewis-Mason-Thurston Area Agency on Aging vacancy – Diane Zoren
→ Human Resources Strategic Plan update – Mary Ransier
→ Civil Service Commission vacancy – Becky Rogers
→ 2024 Budget Amendment calendar – Jennifer Beierle
→ Housing Authority American Rescue Plan Act (ARPA) funding update – Jennifer Beierle
Administrator Updates
Commissioner Discussion
→ Commissioner calendar updates
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Todd Cannon
Ext. 501
Department: Information Technology
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Munis Cloud Conversion
Background/Executive Summary:
Information Technology (IT) proposes migrating Munis Financials to the cloud platform aligning with Munis’
shift towards cloud-based delivery of new features and updates. This proactive approach eliminates the need
for planned on-premises software upgrades and leverages the inherent benefits of cloud computing:
→ Reduced IT workload: frees IT staff from the burden of managing servers and underlying operating
systems, enabling them to focus on higher-level tasks.
→ Enhanced system resilience: achieve improved redundancy and disaster recovery capabilities through
cloud failover migration.
→ Maximized uptime: benefit from a dedicated team of support professionals continuously monitoring
the system, minimizing downtime, and ensuring optimal performance.
→ Early access to innovation: gain access to the latest features and cloud-exclusive solutions, driving
continuous improvement and efficiency.
→ Empowered remote work: facilitate seamless access for remote workers, enhancing collaboration and
productivity.
→ Robust security: leverage Tyler Technology’s annual penetration testing of all systems for validated
and heightened security posture.
Budget Impact (amount, funding source, budget amendment):
Annual cost of migration is approximately $85,000 which has been incorporated into the IT budget through a
rate adjustment.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the County Administrator to sign the Tyler Technology’s Software as a Service Agreement to
migrate Munis Financials to a cloud-based platform.
Attachments:
Contract
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SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement.
• “Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
• “Client” means the Entity identified in Exhibit A.
• “Data” means your data necessary to utilize the Tyler Software.
• “Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
• “Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
• “Developer” means a third party who owns the intellectual property rights to Third Party
Software.
• “Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
• “Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
• “Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
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• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• “Order Form” means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
• “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
• “SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
• “SLA” means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and
our roles and responsibilities in connection with that implementation. The Statement of Work is
attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
• “Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
• “Third Party Products” means the Third Party Software and Third Party Hardware.
• “Third Party SaaS Services” means software as a service provided by a third party, if any,
identified in the Investment Summary.
• “Third Party Services” means the third party services, if any, identified in the Investment
Summary.
• “Third Party Software” means the third party software, if any, identified in the Investment
Summary.
• “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable, and attached or
indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation.
• “Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
3
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
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summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
information. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
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are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the
scope of services and related costs (including programming and/or interface estimates) required for
the project based on our understanding of the specifications you supplied. If additional work is
required, or if you use or request additional services, we will provide you with an addendum or
change order, as applicable, outlining the costs for the additional work. The price quotes in the
addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our
personnel, including arranging travel reservations, at least two (2) weeks in advance of
commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for
Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us
on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to
reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you
cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
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security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
to the Tyler Software, working space, adequate facilities within a reasonable distance from the
equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or (d) support outside our normal business hours as listed in our then-
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current Support Call Process. Requested services such as those outlined in this section will be billed to
you on a time and materials basis at our then current rates. You must request those services with at
least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
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SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services
in Exhibit A, commencing on the first day of the first month following the Effective Date, unless
earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one
(1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional
one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either
party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access
or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny your access to the Tyler Software. We may also
terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation
infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
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1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER
DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
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YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL
TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS
OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d)
Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella
Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General
Liability and Automobile Liability policies, which will automatically add you as an additional insured
to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of
insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
11
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us
prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
13
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, available at
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
14
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. Client
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. Client Name in Exhibit A
One Tyler Drive Client Address in Exhibit A
Yarmouth, ME 04096
Attention: Chief Legal Officer Attention: ______________________________
Exhibit A
1
Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration
date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of
conflict between the Agreement and terms in the Comments section of this Investment Summary, the
language in the Agreement will prevail.
Tyler sales quotation follows this page.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2023-405884-F5Z0M6 CONFIDENTIAL Page 1
Quoted By:Christina Young
Quote Expiration:11/13/23
Quote Name:Mason County-ERP-SaaS Flip -
EERP
Quote Description: SaaS Flip - EERP
Saas Term 1.00
Sales Quotation For:
Mason County
PO Box 429
Shelton WA 985840429
Phone: +1 (360) 427-9670
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting/GL/BG/AP 1 0 $ 5,902.00
Capital Assets 1 0 $ 2,258.00
Cash Management 1 0 $ 1,411.00
Contract Management 1 0 $ 899.00
Project & Grant Accounting 1 0 $ 1,694.00
Purchase Orders 1 0 $ 2,258.00
Human Resources Management
HR Management 1 0 $ 3,952.00
Payroll w/ESS 1 0 $ 8,527.00
Recruiting 1 0 $ 1,411.00
Revenue Management
Accounts Receivable 1 0 $ 1,976.00
General Billing 1 0 $ 847.00
Content Management
Content Manager Core includes Onboarding 1 0 $ 3,739.00
2023-405884-F5Z0M6 CONFIDENTIAL Page 2
Data Insights
Open Finance 1 0 $ 10,000.00
Role Tailored Dashboard 1 0 $ 1,411.00
Tyler Reporting Services ( Microsoft SQL Server )1 0 $ 3,043.00
Additional
Enterprise ERP Office 1 0 $ 1,411.00
Enterprise Forms Processing (including Common Form Set)1 0 $ 4,093.00
Subscription Fees
Concurrent Users 30 0 $ 30,000.00
TOTAL 0 $ 84,832.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
Project Planning Services 1 $ 5,000.00 $ 0.00 $ 5,000.00 $ 0.00
TOTAL $ 5,000.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 84,832.00
Total Tyler Services $ 5,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00
Summary Total $ 5,000.00 $ 84,832.00
Contract Total $ 89,832.00
2023-405884-F5Z0M6 CONFIDENTIAL Page 3
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall
conform to the following terms:
•License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such
software available for download by the Client;
•Fees for hardware are invoiced upon delivery;
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware;
•Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available
for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting,
and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually
thereafter in accord with the Agreement.
•Fees for services included in this sales quotation shall be invoiced as indicated below.
•Implementation and other professional services fees shall be invoiced as delivered.
•Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module,
and 50% upon delivery of custom desktop procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client
acceptance to load the converted data into Live/Production environment, by conversion module.
•Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt,
where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
2023-405884-F5Z0M6 CONFIDENTIAL Page 4
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately
following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
•Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for
migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration
schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any
Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation,
annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If
listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual
service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the
Agreement.
•Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement,
and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these
factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or
services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business
Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are
responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by
Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or
more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a
Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of
$5,000 per TB.
2023-405884-F5Z0M6 CONFIDENTIAL Page 5
Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support.
Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s
Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services-
terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify
that you have reviewed, understand, and agree to said terms.
Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard
Enterprise ERP form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require
custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved
printers as well. You may contact Tyler's support team for the most current list of approved printers. Any forms included in this quote are based
on the standard form templates provided. Custom forms, additional forms and any custom programming are subject to additional fees not
included in this quote. The additional fees would be quoted at the time of request, generally during the implementation of the forms. Please
note that the form solution provided requires the use of approved printers. You may contact Tyler's support team for the most current list of
approved printers.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct
deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager
is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must
purchase or upgrade to Content Manager Enterprise Edition.
Exhibit B
1
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
2.6 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
Exhibit B
2
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software
is invoiced when we make it available to you for downloading. Subsequent annual
maintenance fees for Third Party Software are invoiced annually, in advance, at then-
current rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon
delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced
annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary. For the
avoidance of doubt, Finite Matters will invoice Client directly for any services fees for
Pattern Stream.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment
Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be
provided upon request; we reserve the right to charge you an administrative fee depending on
the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and
mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit
for the maintenance and support fees prepaid for the Tyler Software for the time period
commencing on the first day of the SaaS Term.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
Exhibit B
Schedule 1
1
Exhibit B
Schedule 1 - Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the
Exhibit B
Schedule 1
2
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
Exhibit B
Schedule 1
3
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
5. Internet Access – Hotels and Airports
Exhibit B
Schedule 1
4
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
Exhibit C
1
Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support
services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security
vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or
(3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used
in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
Exhibit C
2
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the
calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months
and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 98.00% Remedial action will be taken
97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be
unavailable during the maintenance window.
Exhibit C
Schedule 1
1
Exhibit C
Schedule 1 - Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configuration-
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday –
Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is
outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
Exhibit C
Schedule 1
2
set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client
will reasonably set the priority of the incident per the chart below. This chart is not intended to address
every type of support incident, and certain “characteristics” may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority
Level Characteristics of Support Incident Resolution Targets*
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level
1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
Exhibit C
Schedule 1
3
Priority
Level Characteristics of Support Incident Resolution Targets*
2
High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level
2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to
assisting the Client in restoring its last available
database.
3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level
3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
4
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and
view the site’s setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
Exhibit D
1
Exhibit D
Third Party Terms
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Exhibit D
Schedule 2
1
Exhibit D
Schedule 1 - Hyperlinked Terms
Fire Prevention Mobile Terms. Your use of Tyler’s Fire Prevention Mobile solutions is subject to the
terms found here: https://www.tylertech.com/terms/fire-prevention-mobile-third-party-terms. By
signing a Tyler Agreement or Order Form, or accessing, installing, or using the Fire Prevention Mobile
solution, you agree that you have read, understood, and agree to such terms.
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found
here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you
agree that you have read, understood, and agree to such terms.
Quatred Terms. Your use of Quatred solutions is subject to the End User License Agreement terms
found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing,
installing, or using Quatred solutions provided to you by Tyler, you agree that you have read,
understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License
Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found
here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or
accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood,
and agree to such terms.
DocOrigin Terms. Your use of Tyler Forms so�ware and forms is subject to the DocOrigin End User
License Agreement available for download here: htps://eclipsecorp.us/eula/. By signing a Tyler
Agreement or Order Form including Tyler forms so�ware or forms, or accessing, installing, or using Tyler
Forms so�ware or forms, you agree that you have read, understood, and agree to such terms.
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided
by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said
functionality are subject to the terms of the Twilio Acceptable Use Policy, available
at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing,
installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to
said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide
by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest
solely with the person or entity whose conduct violated said terms.
• Electronic Warrants
• Online Dispute Resolution
• Enterprise Justice Notifications Add On (text notifications)
• Absence & Substitute
• Notify
Exhibit D
Schedule 2
2
• Enterprise Jury Manager
• Enterprise Supervision
• Virtual Court
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Diane Zoren
Ext. 747
Department: Support Services
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ MTA
(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 Transit Authority Membership Review
Background/Executive Summary:
The Mason County Public Transportation Benefit Area (Mason Transit Authority – MTA) Board composition
is as follows:
- Three (3) Mason County Commissioners
- One (1) City of Shelton Councilmember
- Five (5) members who shall be Elected Officials selected by the Mason County Commissioners with the goal
of seeking equal voting representation among the County Commissioner districts
- One (1) Union member (non-voting) representing the International Association of Machinists and Aerospace
Workers District Lodge 160
Current membership: John Campbell (vacant), Chair, North Mason School District; Eric Onisko, Vice-Chair,
City of Shelton Mayor; Cyndy Brehmeyer, Authority Member, Mary M. Knight School District; John
Sheridan, Authority Member, Port of Allyn; Wes Martin, Authority Member, Grapeview School District;
Randy Neatherlin, Authority Member, Mason County Commissioner; Kevin Shutty, Authority Member,
Mason County Commissioner; Sandy Tarzwell (vacant), Authority Member, Shelton School District; Sharon
Trask, Authority Member, Mason County Commissioner; Zachary Collins, Labor Union Representative
(non-voting), International Association of Machinists and Aerospace Workers District Lodge 160; and John
Piety, Citizen Advisor to the Board (non-voting).
Both John Campbell and Sandy Tarzwell did not run for 2024 elected office, these two positions will need to
be filled for an unexpired term ending February 1, 2026.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
Letters sent to all Mason County Elected Officials for John Campbell and Sandy Tarzwell’s vacated positions.
Requested Action:
Consider filling the two vacancies. Applications were received from Richard Stevens, Ryan Spurling, Juli
Tuson, Arthur Whitson, Richard Lee, and Patrick O’Brien.
Attachments:
MTA By-Laws
Applications
Mason Transit Authority Bylaws Page 1
MASON COUNTY PUBLIC TRANSPORTATION BENEFIT AREA
DOING BUSINESS AS MASON TRANSIT AUTHORITY
BYLAWS
I. BACKGROUND
II. NAME/OFFICES
III. POWERS, RIGHTS, RESPONSIBILITIES
IV. AUTHORITY COMPOSITION
4.1 Board Composition
4.2 Non-Voting Labor Representative
V. CITIZEN ADVISER TO THE BOARD
VI. MEETINGS
6.1 Regular Meetings
6.2 Special Meetings
6.3 Attendance at Meetings
6.4 Public Hearings
6.5 Meeting Notices
6.6 Quorum
6.7 Chair
6.8 Conduct of Meetings
6.9 Order of Business and Agenda
6.10 Voting/Authority Decisions
6.11 Meeting Minutes
6.12 Resolutions
6.13 Compensation
VII. OFFICERS – CHAIR AND VICE CHAIR
7.1 Election
7.2 Term
7.3 Duties
VIII. COMMITTEES
8.1 Authority Committees
8.2 Special Appointments
IX. APPOINTED POSITIONS
9.1 General Manager
9.2 Clerk of the Board
9.3 Legal Counsel
9.4 Non-Voting Representative of the Public
X. GENERAL PROVISIONS
10.1 Checks
10.2 Notes
10.3 Other Legal Documents
Mason Transit Authority Bylaws Page 2
10.4 Deposits
10.5 Gifts
10.6 Travel
10.7 Repealer
XI. AMENDMENTS
I. BACKGROUND
The Mason County Public Transportation Benefit Area is the public
transportation agency which serves the citizens of Mason County including
the only incorporated city, Shelton, Washington.
In 1989 representatives from the jurisdictions of Mason County and the City
of Shelton met in a public transportation improvement conference and
formally established the Mason County Public Transportation Benefit Area
under the laws of the state of Washington (RCW 36.57A). In November 1991
voters approved an initiative allowing for the collection of a sales tax to
support public transportation.
In February, 2008 representatives from the jurisdictions of Mason County and
the City of Shelton met in a Public Transportation Improvement Conference
(PTIC) to review the composition of the Board, and adopted a resolution
changing the composition to a nine-member Board.
In November, 2017, representatives from the jurisdictions of Mason County
and the City of Shelton met in a Public Transportation Improvement
Conference (PTIC) to review the composition of the Board, and put forth
recommendations to the County and City Commissioners that the Board
composition be as follows:
Three (3) Mason County Commissioners;
One (1) City of Shelton Councilmember; and
Five (5) members who shall be elected officials selected by the Mason
County Commissioners with the goal of seeking equal voting
representation among the County Commissioner Districts. The
recommendation was approved by Mason County and the City of Shelton
pursuant to Resolutions Nos. 71-17 and 1112-1217, respectively.
Mason Transit Authority Bylaws Page 3
II. NAME/OFFICES
The name of the public transportation benefit area shall be Mason County
Public Transportation Benefit Area, doing business as Mason Transit
Authority. The governing board of which shall be called the Mason Transit
Authority Board hereinafter referred to as “Authority Board”. The principal
address of Mason Transit Authority shall be 790 East Johns Prairie Road,
Shelton, Washington. The Mason Transit Authority may have such other
offices, within Mason County, as the Authority Board may determine from
time to time.
III. POWERS
The Authority shall be responsible for establishing and monitoring the policies
of the Mason Transit Authority, its budget and its service levels. The
Authority Board shall also oversee the performance of the General Manager
of Mason Transit Authority. Nothing in these bylaws is intended to limit the
general powers of the Authority Board; the Authority Board retains all powers
granted to it under the laws of the State of Washington.
IV. AUTHORITY BOARD COMPOSITION
4.1 Board Composition. The Authority Board will consist of a governing
board of nine (9) voting members; one (1) who is a non-voting labor
organization representative set forth as follows:
• Three (3) elected members representing Mason County Commissioners,
• One (1) elected member representing the City of Shelton Council,
• Five (5) members who shall be elected officials selected by the Mason
County Commissioners with the goal of seeking equal voting
representation among the County Commissioner Districts;
• One (1) ex officio non-voting labor union representative pursuant to
Section 4.2 below; and
The members of the Authority Board shall serve four year terms. Vacancies
through resignation or disqualification shall be filled by the County
Commission to fill the unexpired term. Mason County shall provide to the
Clerk of the Board minutes of the County Commissioner meeting documenting
the motion or adoption of a resolution of the elected official selected by the
County Commissioners to serve on the Authority Board.
4.2 Non-Voting Labor Representative. In accordance with revisions
made to RCW 36.57A.050, there shall be one (1) non-voting labor
representative recommended by the labor organization representing the
Mason Transit Authority Bylaws Page 4
public transportation employees. The non-voting member shall comply with
all governing bylaws and policies of Mason Transit Authority. The Chair or
Vice Chair of the Mason Transit Authority Board will exclude the non-voting
member from attending any executive session held for the purpose of
discussing negotiations with labor organizations. The Chair or Vice Chair shall
also have the ability to exclude the non-voting member from attending any
other executive session.
V. CITIZEN ADVISER TO THE BOARD
Effective January 1, 2019, there may be one (1) non-voting representative of
the public residing in Mason County, Washington, as a citizen adviser to the
Board, as set forth in Section 9.4 below. The citizen adviser to the Board shall
serve for a period of one year (unless extended by motion by the Authority
Board), and comply with all governing bylaws and policies of Mason Transit
Authority. The Chair or Vice Chair of the Mason Transit Authority Board shall
exclude the non-voting member from attending any executive session.
VI. MEETINGS
6.1 Regular Meetings. All meetings of the Authority Board shall be open
to the public except to the extent that executive sessions are authorized by
law. Regular meetings of the Authority Board will be held once each month
at designated locations at a time and date established by resolution.
6.2 Special Meetings. Special meetings may be called at any time by the
Chair or by a majority of the whole Authority Board, provided that each
member receives personally or by mail written notice of the date, time and
place of the meeting and the matters to be taken at the meeting at least 24
hours in advance.
6.3 Attendance at Meetings. Board members may participate
electronically in all or part of a board meeting, including voting if:
1) All persons participating in the meeting are able to hear each other at
the same time, such as by the use of speaker-phone or computer internet
conferencing technology; and
2) The board member participating electronically shall have reviewed all
of the applicable material and participated in the relevant portion of the board
meeting regarding the topic to which the board member is voting on.
6.4 Public Hearings. Public hearings may be scheduled by the Authority
Board at such time and at such place as the Authority Board determines to be
appropriate to specifically solicit, public comment on certain issues. Such
issues may include, but are not necessarily limited to, the following:
Mason Transit Authority Bylaws Page 5
• a change in any transit fare
• a substantial change in transit service
• a presentation of the annual budget
• Federal Transit Administration grant applications
Public notice shall be given at least ten (10) days in advance unless otherwise
required by Federal or State regulations.
6.5 Meeting Notices. Notices of changes in the time or place of regular
meetings or the call for a special meeting or public hearing will be provided to
the official local newspaper(s) of general circulation and to any publications,
television cable access or radio stations which have on file with the Clerk of
the Board a written request to be so notified. Such call or notice shall be
delivered personally or by mail at least 24 hours in advance of the meeting
and shall specify the time and place of the meeting and the business to be
transacted, provided that notice shall be given at least ten (10) days in
advance of public hearings, unless otherwise required.
The Shelton-Mason County Journal is designated as the official newspaper of
the Authority Board for the purpose of publication of legal notices and
dissemination of public information announcements.
6.6 Quorum. At all meetings of the Authority Board, five (5) voting
members of the Authority Board shall constitute a quorum for the transaction
of business, unless there are position vacancies, in which case a majority of
the filled positions shall constitute a quorum.
6.7 Chair. The Chair shall open and preside at all meetings of the Authority
Board. In the event of the Chair’s absence or inability to preside, the Vice
Chair shall assume the duties of presiding over the meetings of the Authority
Board; provided, however, if the Chair is to be permanently unable to
preside, the Authority Board shall select a new Chair for the remainder of the
Chair’s term. In the absence of both the Chair and the Vice Chair, the
member having served on the Authority Board the longest shall serve as
acting Chair.
6.8 Conduct of Meetings. Unless otherwise governed by the provisions of
these Bylaws, the laws of the State of Washington or Authority Board
resolution, Roberts Rules of Order (newly revised) shall govern the conduct of
the Authority’s meetings. It is the intent of the Authority to conduct the
business in an open environment consistent with the Washington State Open
Public Meetings Act.
6.9 Order of Business and Agenda. An order of business at regular and
special Authority Board meetings shall be established on a meeting-by-
meeting basis according to the issues requiring discussion in any particular
Mason Transit Authority Bylaws Page 6
month. Prior to the regular meeting, the Clerk of the Board will confer with
the Chair on items of discussion. The Clerk will prepare a written agenda
including appropriate attachments, and will distribute to all members as soon
as possible prior to the meeting but not less than 48 hours before the
meeting.
6.10 Voting/Authority Decisions. Every voting member of the Authority
Board shall be entitled to one vote on all issues before the Authority Board.
All members present may vote or abstain; and abstention shall be recorded
but will not be counted. The act of the majority of the members present at a
meeting at which a quorum is present shall be the act of the Authority Board,
unless a greater number is required by law. Any member may require that
the vote of each member on a particular matter be recorded in the minutes,
in which case a roll call will be taken.
6.11 Meeting Minutes. The proceedings of all Authority Board meetings
and public hearings shall be recorded and maintained and shall contain an
accurate accounting of the Authority Board’s official action with reference to
all matters properly before it and any public comments made. Minutes of the
meetings shall be provided to each Authority Board member as soon as
practicable following each meeting. The official copy for each meeting shall
be approved by the Authority Board and signed by the Chair and the Clerk of
the Board. The official minutes of the meeting shall become a part of the
permanent records file, maintained by the Clerk.
6.12 Resolutions. The Authority Board may require that certain actions be
documented by way of a formal resolution, which shall be prepared by the
Clerk and shall be approved as to form by the Legal Counsel. Resolutions
shall also be signed by the Chair and will be numbered, incorporated in the
minutes, and made part of the permanent records file.
6.13 Compensation. Members of the Authority Board and non-voting
labor representative only shall be paid compensation for attendance at
regular and special Authority Board meetings and at any official Authority
Board Committee meetings, not to exceed 36 such meetings per year, unless
authorized by the Board and in no event more than 75. Compensation shall
be no more than the maximum rate authorized by RCW 36.57A.050 as
presently enacted or as may be hereafter amended; provided that
compensation shall not be paid to an elected official who is receiving regular
full-time compensation from such government for attending such meetings.
Any change to this rate shall require a two-thirds majority vote by the
Authority Board.
Mason Transit Authority Bylaws Page 7
VII. OFFICERS – CHAIR AND VICE CHAIR
7.1 Election. The Chair and Vice Chair shall be members of the Authority
Board elected by the members by majority vote at a regular or special
meeting of the Authority.
7.2 Term. The Chair and Vice Chair shall be elected from among the
members at the first meeting in December of each year, unless it is
determined by the Authority Board that it is in the best interest of the
Authority Board the election should be extended in one month increments.
In the event either becomes vacant, the members shall elect a new officer at
the next regular meeting to serve until the next December meeting.
7.3 Duties. In addition to the powers and the duties granted by these
Bylaws, the Chair shall have such other powers and duties as prescribed by
law or by resolution of the Authority Board.
In the absence of the Chair, the Vice Chair shall perform the duties of the
Chair, and when so acting, shall have all the powers of and be subject to all
the restrictions upon the Chair. The Vice Chair shall perform other duties as
may be assigned to him or her by the Chair or by the Authority.
VIII. COMMITTEES
8.1 Authority Board Committees. In order to better facilitate the work of
the Authority Board, the Authority Board may establish standing and/or ad
hoc committees to address specific issues. Each committee shall be
composed of not more than three (3) Authority members; one member
representing the City of Shelton, one member representing Mason County,
and one member representing a District. Committee Chairs and committee
members may be designated by the Authority Chair, subject to confirmation
by the full Authority Board. To the extent possible, committee reports to the
full Authority Board shall be in writing.
The terms of the standing committees will coincide with the terms of the
Authority Board officers (which recommence annually in December) at which
time the Authority Board will review the responsibilities of the committees. In
the event that new committee assignments are not made at the time
Authority Board officers are elected, the incumbent committee members shall
serve until replacements are appointed.
8.2 Special Appointments. The Chairman may appoint Authority Board
members to special intra- and interagency committees and councils as
appropriate.
Mason Transit Authority Bylaws Page 8
These special appointments will be reviewed annually to coincide with the
terms of the Authority Board officers and the review of Authority Board
committees.
IX. APPOINTED POSITIONS
9.1 General Manager. The Authority Board shall appoint a General
Manager who shall be responsible for the administrative functions of the
Mason Transit Authority and shall have such power and perform such duties
as shall be prescribed by law and action of the Authority Board.
9.2 Clerk of the Authority Board. The Authority shall appoint a Clerk of
the Authority Board who shall perform all duties as provided in these Bylaws
and shall maintain all records of the Authority Board. The General Manager
shall serve as Clerk unless someone else has been specifically appointed.
9.3 Legal Counsel. Principal Legal Counsel shall be appointed by and shall
serve at the pleasure of the Authority Board.
9.4 Non-Voting Adviser to the Authority Board Representing Public.
Applications from the public may be submitted to the voting Authority Board
for selection and appointment, and shall serve at the pleasure of the
Authority Board. If no applications are submitted, the position shall cease and
close.
X. GENERAL PROVISIONS
10.1 Checks. All disbursements of the Mason Transit Authority shall be by
check drawn by the appropriate Audit Officer as per Washington State law or
as otherwise directed by Authority resolution.
10.2 Notes. All notes or other evidence of indebtedness, including bills,
issued or incurred in the name of the Mason Transit Authority shall be signed
by such officer, member, agent or employee of the Mason Transit Authority
and in such manner as shall from time to time to be determined by Authority
Board resolution.
10.3 Other Legal Documents. The Authority may authorize any officer or
officers, agent or agents of the Mason Transit Authority, in addition to the
officers so authorized by resolution, to enter into any contract or execute and
deliver any instrument in the name of and behalf of the Mason Transit
Authority and such authorization may be general and or may be confined to
specific instances. All written contractual obligations of the Mason Transit
Mason Transit Authority Bylaws Page 9
Authority, including but not limited to, contracts, leases and assignments, are
to be maintained by the Clerk of the Board.
10.4 Deposits. All funds of the Mason Transit Authority shall be deposited
in the appropriate accounts established by resolution. The County Treasurer
shall be the custodian of the funds, until such time as the Authority Board
appropriates its own administrative director, and is, subject to approval by
Authority Board resolution, authorized to invest such funds in the manner
provided by law.
10.5 Gifts. The Authority Board may accept on behalf of Mason Transit
Authority any contribution, gift or bequest (as long as conditions are
consistent with state law), for any purpose of the Mason Transit Authority.
10.6 Travel. Members of the Authority Board, in order to properly and fully
conduct official Mason Transit Authority business, may travel and incur
expenses. Authority Board members will receive reimbursement for
reasonable expenses incurred while engaged in official business in
accordance with RCW 36.57A.050 and the adopted travel policy which applies
to all Mason Transit Authority employees. Out-of-state travel by Authority
Board members will be authorized by the Chair subject to annual budget
restraints.
10.7 Repealer. The terms of these bylaws, as established by resolution,
shall supersede all prior resolutions in conflict therewith.
XI. AMENDMENTS
These bylaws may be amended by a majority vote at any meeting of the
Authority Board, provided that copies of the proposed revisions or
amendments shall have been made available to each Authority Board
member as part of the agenda of the meeting at which proposed revisions or
amendments are to be acted upon. These bylaws are adopted by Authority
Board resolution; therefore, any amendments hereto shall be by that same
instrument.
ADOPTED: 12/09/91 AMENDED: 12/17/2013
AMENDED: 11/20/07 AMENDED: 09/20/2016
AMENDED: 02/28/08 AMENDED: 12/19/2017
AMENDED: 07/13/10 AMENDED: 11/20/2018
AMENDED: 04/17/2012 AMENDED: 01/15/2019
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: McKenzie Smith
Ext. 589
Department: Support Services
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
Agenda Date: January 16, 2024
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:
Appointment of Dustin Loup to the Timberland Regional Library Board of Trustees
Background/Executive Summary:
Timberland Regional Library is a five-County rural library district that consists of Grays Harbor, Mason,
Lewis, Pacific, and Thurston Counties. The library is governed by a seven-member Board of Trustees. On
December 12, 2023 the Board of Commissioners of Grays Harbor County appointed Dustin Loup to fill a
three-year term beginning January 1, 2024 and ending December 31, 2027 recently vacated by Jasmine
Dickhoff.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval to sign the letter of concurrence with Grays Harbor County’s appointment of Dustin Loup to the
Timberland Regional Library Board of Trustees to fill an unexpired three-year term beginning January 1, 2024
and ending December 31, 2027.
Attachments:
Application
Appointment
Letter
Grays Harbor County
Boards and Commissions Application
Internal Use Only
Date Received: _______________________ Vacancy Y/N: __________ Processed: _________________________
BOARD OR COMMISSION OF INTEREST: ________________________________
FIRST AND LAST NAME: _____________________________________________
HOME ADDRESS: _____________________________________________
MAILING ADDRESS: _____________________________________________
EMAIL ADDRESS: _____________________________________________
HOME PHONE: _____________________ CELL: ____________________
CURRENT OCCUPATION: _____________________________________________
PAST OCCUPATION: _____________________________________________
HOW CAN YOU CONTRIBUTE TO THIS BOARD OR COMMITTEE:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
INTERESTS AND EXPERTISE:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
PAST COMMUNITY OR CIVIC ORGANIZATIONS YOU HAVE VOLUNTEERED FOR:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
OTHER INFORMATION YOU WOULD LIKE TO INCLUDE ON APPLICATION:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Dustin Loup
December 4, 2023
Grays Harbor County Board of Commissioners
100 West Broadway, Suite #1
Montesano, WA 98563
Dear Commissioners,
I am writing to express my interest in serving in the open position on the Board of Trustees for
Timberland Regional Library (TRL). I possess a deep appreciation for the critical role that
libraries play in our county and region.
Growing up in Aberdeen, my access to several local library branches opened opportunities for
exploration and learning. It would be an honor to contribute my time, expertise, and passion to
support the success, sustainability, and growth of Timberland Regional Library to ensure that
current and future generations reap the benefits of everything it has to offer.
The majority of my career has been dedicated to lowering barriers to accessing information and
opportunity. In this work, I have held numerous national, state, and local leadership roles to
support digital equity and broadband access. This has included numerous initiatives to suppo rt
libraries in the role of promoting the use of the Internet to advance community access to
information and opportunity. I believe that this background positions me well to provide
meaningful contributions to support TRL in growing and evolving to continue to meet the needs
of our communities and provide a vibrant world of possibilities.
If appointed to the Board of Trustees, I am committed to contributing my time and efforts to
work collaboratively with fellow trustees, library staff, and community members to contribute to
the policies and strategic goals for Timberland Regional Library. I believe that my skills and
experience can support the library system in its efforts to connect our communities to
opportunities that promote literacy, education, and so much more!
Thank you for this opportunity to express my interest in this position. I would be happy to
discuss this opportunity and my prospective role further, as the Commissioners see fit. I am
eager to contribute to the continued success of Timberland Regional Library, and I am confident
that my contributions will benefit the library system and communities throughout our region.
Sincerely,
Dustin Loup
Dustin Loup
SUMMARY
National expert on digital equity and community broadband access.
Demonstrated track -record of community -building and facilitation.
Expert in building partnerships and strengthening communities across sectors and stakeholder groups.
PROFESSIONAL EXPERIENCE
READY.NET
Director, Community Development, June 2023 - Present
Serve as a subject matter expert regarding the development, interpretation and implementation of BEAD and DE
guidelines with clients and stakeholders
Analyze and deconstruct policy requirements for federal programs to guide product development
Define roadmaps, create feature specifications, and working cross-functionally to develop features that support
broadband infrastructure expansion and digital equity
Support potential and existing clients in understanding how tools can be used to meet these guidelines to achieve
optimal outcomes
MARCONI SOCIETY
Program Manager, National Broadband Mapping Coalition, December 2021 - Present
Lead the coordination of a national, multidisciplinary group of broadband mapping experts
Advise and develop resources for local and state leaders focused on broadband mapping policy
Develop and position Coalition as a national thought leader
WASHINGTON STATE UNIVERSITY EXTENSION
Program Director, Broadband and Digital Equity, June 2022 - June 2023
Led a statewide broadband and digital equity program on behalf of Washington State Broadband Office
Worked with counties and Tribes to develop community broadband and digital equity action plans
Led statewide discussions around broadband and digital equity programs and policy.
Managed a team of 20 to implement program support across the State of Washington
GREATER WASHINGTON DC CHAPTER OF THE INTERNET SOCIETY - Washington, DC
Executive Director, Jan 2018 - June 2022
Work with the m embers, partners, and Chapter Council to develop organizational priorities and strategy
Leverage partnerships to develop, plan, execute programming and projects
Lead outreach efforts to engage and grow membership and partnerships
Assistant Director, Jun 2016 - Jan 2018
• Worked with the Executive Director on programming, partnership development and administrative
matters
• Developed content for and contributed to the design of the website.
• Managed multiple social media channels to promote the chapter’s work and engage with the community.
ICANNWIKI - Portland, OR
Executive Director, Aug 2018 - Mar 2019
• Developed and implemented long and short term strategy for the organization
• Worked with sponsors and supporters to raise funds for the organization
• Worked with sponsors, supporters, and contributors to develop programming and content
• Coordinated all major aspects of the organizations work
Co-Executive Director, Apr 2016 - Aug 2018
• Same responsibilities as Executive Director, except efforts were coordinated with Co -Executive Director
Editor and Community Manager, Jun 2015 - Apr 2016
• Managed global outreach too members of the ICANN and Internet governance communities
• Facilitated, moderated, and developed informative content for newcomers
• Partnered with organizations to develop localized content in numerous languages
BOARD AND COMMITTEE EXPERIENCE
USTLD STAKEHOLDER COUNCIL (REGISTRY SERVICES, LLC )
Council Chair, Mar 2019 - Present
• Chair quarterly meetings and annual town hall meetings on behalf of the Stakeholder Council Facilitate
multi-stakeholder initiatives to strengthen the governance of the .US TLD
• Work with stakeholders to address issues by establishing and coordinating subcommittees
• Coordinate with secretariat to develop annual plan for Council
• Promote and highlight the use of the .US TLD
U NDIVIDE PROJECT
Community Access Advisor and Officer, Board of Directors ,
• Served as founding member – advising and providing guidance in the formation of the organization.
• Advise on strategic programmatic, policy, and fundraising decision
• Support Executive Director in expanding and diversifying Board of Directors
DIPLO.US
Vice President and Treasurer, Board of Directors, Nov 2018 - Present
• Contribute to the development of organizational strategy for programmatic and fundraising success
• Review and approve financial reports
• Served as founding member, advising and providing guidance in the formation of the organization.
INTERNET GOVERNANCE FORUM USA - Washington, DC
Co-Chair and Secretariat, Jan 2018 - Present
• Coordinate the Steering Committee and drive the planning processes forward
• Work with stakeholders to identify pressing issues and develop multi -stakeholder policy dialogue
• Fundraise to support the annual forum and interim growth and activities
• Engage the community to develop bottom -up programming on the mos t important issues facing the
Internet
EDUCATION
GONZAGA UNIVERSITY
Spokane, WA
B.A. Political Science | May 201 3
GRAYS HARBOR COLLEGE
Aberdeen, WA
A.A. General Studies | Jun 2011
REFERENCES
References can be provided upon request.
Administrative Service Center
415 Tumwater Boulevard SW
Tumwater, WA 98501-5799
360.943.5001
TRL.org
December 13, 2023
Mason County Commissioners
Mason County Building 1
411 N 5th St.
Shelton, WA 98584
Dear Board Commissioners,
The Grays Harbor County Commissioners have appointed Dustin Loup to the Timberland Regional
Library Board of Trustees to fill the unfulfilled term left by the resignation of Jasmine Dickhoff that
runs to December 31, 2027.
The Grays Harbor County Commissioners have requested that Timberland Regional Library secure
the confirmation of this appointment from the other four county Board of Commissioners. A copy
of the letter appointing Mr. Loup is enclosed.
If you concur with the appointment of Mr. Loup, please send a letter of confirmation to my
attention at the above address. Once we have received letters from Mason, Lewis, Thurston, and
Pacific County Commissioners, copies will be forwarded to the Grays Harbor County
Commissioners.
We would appreciate your immediate consideration of this appointment. To further speed the
process you may email the scanned letter to Rose Enos-Weedmark at renosweedmark@trl.org.
Thank you for your attention to this matter.
Sincerely,
Cheryl Heywood
Executive Director
Enclosure
MASON COUNTY
BOARD
OF
COMMISSIONERS
1ST District
RANDY NEATHERLIN
2nd District
KEVIN SHUTTY
3rd District
SHARON TRASK
Mason County Building 1
411 North Fifth Street
Shelton, WA 98584-3400
(360) 427-9670 ext. 419
Fax (360) 427-8437
January 16, 2024
Cheryl Heywood, Executive Director
Timberland Regional Library
Administrative Service Center
415 Tumwater Blvd SW
Tumwater, WA 98501
Re: Concurrence with Grays Harbor County’s Appointment of Dustin Loup to the
Timberland Regional Library Board of Trustees
Dear Ms. Heywood,
The Board of Mason County Commissioners met and acted to concur with the appointment
of Dustin Loup to the Timberland Regional Library Board of Trustees to fill the remainder
of Jasmine Dickhoff’s unexpired three-year term beginning January 1, 2024 and ending
December 31, 2027.
Sincerely,
Randy Neatherlin, Kevin Shutty, Sharon Trask,
Chair Vice-Chair Commissioner
NEWS RELEASE
January 16, 2024
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Lewis-Mason-Thurston Area Agency on Aging Vacancy
The Board of Mason County Commissioners is seeking applications to fill a position on the Lewis-
Mason-Thurston Area Agency on Agency Advisory Board. This is for a three-year term that will
expire December 31, 2027.
This advisory board provides on-going input to the Lewis-Mason-Thurston Area Agency on Aging
(AAA). The AAA plans, coordinates, and manages services to elderly and younger disabled people
throughout the three-county area. The AAA operates case management programs that assist
individuals and families to remain at home or in the community. The advisory board has six
members from each county and usually meets in Olympia on the 1st Wednesday of each month at
9:30 a.m. at the AAA Office.
Interested parties may obtain an application at the Mason County Commissioners Office, 411 North
5th Street, Shelton, or call (360) 427-9670 ext. 419 or by visiting the Mason County website at
www.masoncountywa.gov. The position is open until filled with the first review January 30, 2024.
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Randy Neatherlin,
Chair
______________________
Kevin Shutty,
Commissioner
______________________
Sharon Trask,
Commissioner
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mary Ransier
Ext. 422
Department: Human Resources
Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
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:
Human Resources 2023 Strategic Plan Updates
Background/Executive Summary:
Human Resource’s mission is to develop and manage people first policies, programs, and provide expert
consultation, services, and solutions in an efficient and customer-focused manner; and to provide our
employees and volunteers with what they need to provide services to the public.
The 2023 Strategic Plan helps drive the department and demonstrates measurable progress toward
organizational goals. HR will update the Commissioners on the plan progress and status quarterly in 2023.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Informational only.
Attachments:
Strategic Plan
HR 2024 Strategic Plan
1(rev. 9/26/23) 1/2/2024
Goals
High-level long-term
results
we must achieve
Strategic Initiatives – 2024
What we will do to cause measurable progress toward that goal
Strategic Outcome Measures
What we will measure to quantify results
and communicate progress
If we provide a competitive, sustainable total compensation package…
Total Reward and
Benefits
1. New: Complete 2024 contracts before expiration
2. New: Research total compensation packages
3. New: Work with hiring managers to implement
total compensation practices when possible.
-# of contracts completed
-Year over year compensation cost
increases
-Compensation is within +/- of
comparable agencies
We can attract & hire employees based upon the right competencies, at the right time …
Recruitment
and hiring
1. New: Utilize NEOGov for statistical updates and
key performance indicators (KPIs)
2. New: New hire onboarding process
3. In Progress: Increase recruitment presence in
the community and at regional events
4. New: Increase recruitment presence on social
media and identify new talent pipelines
5. New: Conduct Internship Program
-1st year turnover
-Time to hire per department
-# of applicants per position
-LinkedIn/social media activity
-Internship applications and
program report.
…who reflect the diversity of the communities we serve…
Diversity and
Inclusion
1. In Progress: Implement a Legal and Effective
Interviewing training for recruitment panels.
2. New: Identify ways to decrease barriers
throughout the recruitment process
-retention rate
-% of hiring managers trained
…offer them opportunities to develop and grow…
Learning and
Development
1. In Progress: Implement leadership development
curriculum.
2. New: Improve new employee orientation; add a
new supervisor/manager orientation
-% of employees with performance
evaluations
-% of employees who promote
successfully
-Percentage of employees trained
in leadership development
…and support them with efficient, flexible, and customer-focused systems & tools…
Systems
1. In Progress: Learn Munis functionality to
streamline HR processes.
2. New: Upon completion of Chart of Accounts,
utilize Munis to implement position control.
-Number of handoffs in HR
processes
…then, employees will be healthy, engaged, and productive.
Engagement and
Well-Being
1. In Progress: Conduct employee engagement
survey and complete organizational analysis
2. In Progress: Benefits Fair and training
opportunities for employees
3. Ongoing: Increased engagement with County
leadership – Employee Townhalls
-2023 employee engagement survey
and measurement
- Number of employees attending
events/training
- Number of opportunities for
employees to engage with
leadership
…and our HR team members will be learning & growing as service providers
HR Team
Development
1. Ongoing: All staff have development plans, with
classes and on-the-job training opportunities
(SHRM, LRI, WCIF & BF training, WAPELRA, etc.)
2. Ongoing: Staff will identify opportunities for
cross-training as well as developing skills in
major functional areas within HR, as applicable
3. Ongoing: Staff will job shadow employees to
understand their work duties and environment
-% of employees with development
plans that are tracked and
resourced
-# of departments/hours out in the
field with employees
Stay legally compliant and that allows us to do the more strategic work above
Legal Compliance
1. In Progress: Evaluate organizational risk more
comprehensively.
2. In Progress: Reasonable Suspicion training and
policy
3. Ongoing: Personnel Policies update
4. In Progress: Update Risk and Safety Policies
-# of policies updated and adopted
-# of risks found/mitigated
HR 2023 Strategic Plan
1(rev. 6/28/23) 1/2/2024
Goals
High-level long-term
results
we must achieve
Strategic Initiatives – 2023-2024
What we will do to cause measurable progress toward that goal
Strategic Outcome Measures
What we will measure to quantify results
and communicate progress
2023-1 Update 2023-2 Update 2023-3 Update 2023-4 Update
If we provide a competitive, sustainable total compensation package…
Total Reward and
Benefits
1. Completed: 0 open contracts
2. Completed: Begin implementation of Non-
Represented Class/Comp Study
3. Completed: Research FSA/HSA options
-# of contracts ratified
-Year over year
compensation cost increases
-Compensation is within +/-
of comparable agencies
-4 contracts ratified.
-Non-Represented
Class/Comp Study
completed
-FSA approved by the
Board
-2 contracts ratified.
-FSA program
completed/implemented.
-2 contracts ratified. (Total
of 8)
0 open contracts
We can attract & hire employees based upon the right competencies, at the right time …
Recruitment
and hiring
1. Completed: Implement NEOGov
2. In Progress: New hire onboarding processes
3. Ongoing: Increase recruitment presence in the
community and at regional events
4. Ongoing: Increase recruitment presence on
social media and identify new talent pipelines.
5. Completed: Research conducting a county-wide
career fair.
6. Completed: Develop and implement Internship
Program
-1st year turnover
-Time to hire
-# of applicants per position
-LinkedIn/social media
activity
-LinkedIn: 70% increase
in followership
-Working to link
Instagram account
-Up to 3,750 followers
on Facebook
-NEOGov fully implemented
-Anecdotal evidence of
increased talent pools and
quality of applicants.
- Attended 3 recruiting events
- LinkedIn followers: 271
-FB followers: 3,900
-IG Followers: 75
-3 interns in PW through
August
-Attended 3 recruiting
events
-Internship program
-LinkedIn followers: 282
-FB Followers: 4,300
-IG Followers: 114
-Attended 9 recruiting
events
-LinkedIn followers: 314
-FB followers: 4412
-IG followers: 134
…who reflect the diversity of the communities we serve…
Diversity and
inclusion
1. Completed: Implement a Legal and Effective
Interviewing training for recruitment panels.
2. Ongoing: Identify ways to decrease barriers
throughout the process
-retention rate
-% of hiring managers
trained
-Delivered 2
Legal/Effective
Interviewing classes
-Removed technology barrier
to application process
(print/scan).
…offer them opportunities to develop and grow…
Learning and
Development
1. Completed: Create a Supervisor Toolkit with
performance evaluation templates, tools to
conduct performance reviews, interview
question examples, etc.
2. In Progress: Implement leadership development
curriculum.
3. In Progress: Career Incentive Program Policy
5.13
4. In Progress: Improve new employee orientation;
add a new supervisor/manager orientation
-% of employees with
performance evaluations
-number of added
certifications for Career
Incentive Policy
-% of employees who
promote successfully
-Percentage of employees
trained in leadership
development
-Supervisor Toolkit
referenced and being
used by hiring managers
-Delivered 2 leadership
classes
-Hosting Supervisor Boot
Camp May 16
-Supervisor Boot Camp 5/16
-Verbal SWOT 5/17
-Expanded new employee
orientation
-Moved Career Incentive
to Cognito forms
-Audit process
implementation
…and support them with efficient, flexible and customer-focused systems & tools…
Systems
1. On Hold: Learn Munis functionality to streamline
HR processes.
-Number of handoffs in HR
processes
-Implement NEOGov -Completed position control
training
-Waiting on chart of
accounts
-Waiting on chart of
accounts
HR 2023 Strategic Plan
2(rev. 6/28/23) 1/2/2024
2. Completed: Implement NEOGov -#s of processes mapped
…then, employees will be healthy, engaged and productive.
Engagement and
Well-Being
1. Completed: Conduct employee engagement
survey and complete organizational analysis
2. In Progress: Benefits Fair and training
opportunities for employees
3. In Progress: Increased engagement with County
leadership
-2022 employee engagement
survey
- Number of employees
attending events/training
- Number of opportunities for
employees to engage with
leadership
-142 responses to
Engagement Survey,
briefed survey on
2/27/23
-First employee townhall
conducted on 2/23/23
-Second employee townhall
conducted 5/31/23
-Third employee townhall -2023 Employee
Engagement Survey
conducted
…and our HR team members will be learning & growing as service providers
HR Team
Development
1. Completed: HR staff have development plans,
classes, and on-the-job training opportunities
(SHRM, LRI, WCIF & BF training, WAPELRA, etc.)
2. Ongoing: HR will identify opportunities for cross-
training as well as developing skills in major
functional areas within HR, as applicable.
3. Ongoing: HR will job shadow customers to
understand their work duties and environment
-% of employees with
development plans that are
tracked and resourced
-HR employees have
spent time with roads
crew, Clerk’s office, and
Sheriff’s office
-HR employees have spent time
with roads crew, transfer
station, and jail
-HR employees spent time
with roads crew, transfer
station, jail, detention,
Clerk’s Office, elections
-HR employees have
received evaluations,
completed position
description review, and
development plans are
in place.
Stay legally compliant and that allows us to do the more strategic work above
Legal Compliance
1. In Progress: Evaluate organizational risk more
comprehensively.
2. In Progress: Reasonable Suspicion training and
policy
3. Ongoing: Personnel Policies update
4. In Progress: Update Risk and Safety Policies
-# of policies updated and
adopted
-# of risks found/mitigated
-2 updates to personnel
policies
-1 update to personnel policies -2 update to personnel
policies
NEWS RELEASE
January 16, 2024
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Mason County Civil Service Commission Vacancy
The Board of Mason County Commissioners is seeking applications to fill a position on
the Mason County Civil Service Commission. This is for a six-year term that will end
December 31, 2028.
To qualify, the individual must be a United States citizen, a resident of Mason County for
at least the past two years, and an elector in Mason County. This person cannot be
employed by Mason County and shall serve without compensation. At the time of
appointment, not more than two commissioners shall be adherents of the same political
party.
The general purpose of the Civil Service Commission is to establish a merit system of
employment for County Deputy Sheriffs and other employees of the Office of County
Sheriff.
The Mason County Civil Service Commission meets on the third Thursday of each month
at 5:00 p.m. at Mason County Building 9 located at 425 North 5th Street in Shelton.
Interested parties may obtain an application at the Mason County Commissioners’ Office
located at 411 North 5th Street in Shelton, by calling (360) 427-9670 ext. 419, or by visiting
the Mason County website at www.masoncountywa.gov. The position is open until filled
with the first review set for January 30, 2024.
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Randy Neatherlin,
Chair
______________________
Kevin Shutty,
Vice-Chair
______________________
Sharon Trask,
Commissioner
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Jennifer Beierle
Ext. 532
Department: Community Development
Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): January 8, 2024
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:
2024 Budget Supplemental Appropriations and Amendments Calendar
Background/Executive Summary:
Generally it is about a six-week process for approval of supplemental appropriations and amendments to the
Budget. RCW 36.40.100 states “… upon a resolution formally adopted by the board… the board shall publish
notice of the time and date of the meeting at which the supplemental appropriations resolution will be
adopted… for two consecutive weeks prior to the meeting in the official newspaper of the county”. The
Budget Office recommends two scheduled budget hearings for the 2024 Budget, one in June and one in
December.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Request the Board review the 2024 Budget Supplemental Appropriations and Amendments Calendar.
Attachments:
Calendar
Mason County
2024 Budget Supplemental Appropriations and Amendments Calendar
*Dates may be subject to change*
S M T W T F S S M T W T F S S M T W T F S
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S M T W T F S S M T W T F S S M T W T F S
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6 78 9101112 3456789 891011121314
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20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28
27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
December
Holiday
BOCC Adopts Resolution to Set Public Hearing
Deadline to Send Public Hearing Notice to MC Journal for 2 Week Publication Requirement
Public Hearing at 9:15 a.m. to Consider Budget Supplementals & Transfers to the 2023 Budget
January February March
April
Budget Office Briefs BOCC & Prepares Resolution to Set Public Hearing
Supplemental & Transfer Requests Due to the Budget Office from Departments for Inclusion in the Next
Scheduled Public Hearing
May June
July August September
October November
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): January 8, 2024 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:
Termination of Mason County Housing Authority Contract
Background/Executive Summary:
On October 25, 2022, the Board of County Commissioners entered a contract with the Mason County Housing
Authority (MCHA) for the purpose of renovating units in poor repair. The contract for $750,000 was paid up
front from the County’s American Rescue Plan Act (ARPA) funds. The County never received a quarterly
report as required per the terms of the contract and has had trouble receiving relevant information from the
MCHA in order to piece the quarterly reports together. For this reason, the Commissioners terminated the
contract as of November 30, 2023 and requested the remaining funds be refunded to the County. The letter
stated that MCHA had until December 31, 2023 to refund the remaining amount or provide documentation of
approved spending. If MCHA refunded the remaining funds by the time, the Commissioners stated they would
support contracting with MCHA on a reimbursable basis for the same purpose as the initial ARPA contract.
As of January 2, 2024 no documentation has been received and no funds have been refunded in the amount of
$468,439.29.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Informational only.
Attachments:
Letter
Previous Agenda Form & Action Sheet