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2024/07/08 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF July 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. CoU���� . 1854 ♦�` �u`"ri BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of July 8, 2024 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings. Monday,July 8, 2024 Zoom link available on the Mason County website Commission Chambers Times are subject to change,depending on the amount of business presented 9:15 A.M. State Auditor's Office Entrance—Tammy Lane 9:30 A.M. Community Action Council—Justin DeFour 9:45 A.M. Sheriff's Office—Chief Hanson 10:00 A.M. Community Development—Kell Rowen 10:15 A.M. Public Health—Dave Windom 10:30 A.M. Public Works—Loretta Swanson 10:45 A.M. Support Services—Mark Neary Commissioner Discussion—as needed Commission meetings are live streamed at hLtp://www.masonwebtv.com/and public comment is accepted via email msmith(&masoncountywa.gov;mail to Commissioners Office,411 N 5'Street,Shelton,WA 98584;or phone at(360)427-9670 ext.419. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners' office no later than 4:00 p.m.the Friday before the meeting. If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 07/03/24 at 1:16 PM O`�pR OF,S Y OfficeWashington State1 ��. . • McCarthy Entrance Conference: Mason County The Office of the Washington State Auditor's vision is increased trust in government. Our mission is to provide citizens with independent and transparent examinations of how state and local governments use public funds, and develop strategies that make government more efficient and effective. The purpose of this meeting is to share our planned audit scope so that we are focused on the areas of highest risk. We value and appreciate your input. Audit Scope Based on our planning, we will perform the following audits: Accountability audit for January 1, 2023 through December 31, 2023 We will examine the management, use and safeguarding of public resources to ensure there is protection from misuse and misappropriation. In addition, we will evaluate whether there is reasonable assurance for adherence to applicable state laws,regulations and policies and procedures. We plan to evaluate the following areas: • Cash receipting—timeliness and completeness of deposits, voids and adjustments at public works solid waste • Accounts payable—general disbursements, credit cards and electronic funds transfers • Cost allocation plans—equitable and allowable distribution of indirect costs • Payroll—gross wages, retroactive pay, electronic funds transfers and leave buyback • Open public meetings—compliance with minutes, meetings and executive session requirements • Financial condition—reviewing for indications of financial distress Financial statement audit for January 1, 2023 through December 31, 2023 We will provide an opinion on whether your financial statements are presented fairly, in all material respects, in accordance with the applicable reporting framework. The audit does not attempt to confirm the accuracy of every amount, but does search for errors large enough to affect the conclusions and decisions of a financial statement user. Federal grant compliance audit for January 1, 2023 through December 31, 2023 This audit is required by federal law when a local government spends $750,000 or more annually in federal financial assistance. We will provide an opinion on compliance with federal requirements that could have a direct and material effect on your major federal programs. We plan to test the following federal programs: 0 Community Development Block Grant, ALN 14.228 • Emergency Solutions Grant, ALN 14.231 • Coronavirus State and Local Fiscal Recovery Fund,ALN 21.027 This report must be submitted, along with the Data Collection Form, to the federal clearinghouse within 30 days after receipt of the report or nine months after the end of the audit period, whichever is earlier. Engagement Letter We have provided an engagement letter that confirms both management and auditor responsibilities, and other engagement terms and limitations. Additionally, the letter identifies the cost of the audit, estimated timeline for completion and expected communications. Levels of Reporting Findings Findings formally address issues in an audit report. Findings report significant results of the audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations or policies. You will be given the opportunity to respond to a finding and this response will be published in the audit report. Management Letters Management letters communicate control deficiencies, non-compliance, misappropriation, or abuse that are less significant than a finding, but still important enough to be formally communicated to the governing body. Management letters are referenced, but not included, in the audit report. Exit Items Exit items address control deficiencies, non-compliance with laws or regulations, or errors that have an insignificant effect on the audit objectives. These issues are informally communicated to management. Important Information Confidential Information Our Office is committed to protecting your confidential or sensitive information. Please notify us when you give us any documents,records, files, or data containing information that is covered by confidentiality or privacy laws. Audit Costs The cost of the audit is estimated to be approximately $111,000. Expected Communications During the course of the audit, we will communicate with Leo Kim, CFO on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. Please let us know if, during the audit, any events or concerns come to your attention of which we should be aware. We will expect Mr. Kim to keep us informed of any such matters. Audit Dispute Process Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you have during the performance of our audit. At the conclusion of the audit,we will summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. Loss Reporting Washington state law requires all state agencies and local governments to immediately notify SAO if staff know or suspect loss of public resources, or of other illegal activity including a cyber-attack if it resulted in a loss of public resources or potentially impacted financial records or systems. State and local government employees should alert us to suspected fraud through the online Report a Suspected Fraud or Loss form below. These notifications can be made on our website at www.sao.wa. og v/report-a-concern/how-to-report-a-concern/fraud- pro rg Cybersecurity Loss Reporting State and Local governments may also be required to report cybersecurity issues to the Washington State Attorney General's Office (AGO) or to the State Auditor's Office, including security breaches and cyber fraud. To learn more about when to report cybersecurity issues, please visit our website at hgps:Hsao.wa. ovg /has-your- government-experienced-a-cybersecurity-issue-here-is-when-and-how-to-report/. Peer Reviews of the Washington State Auditor's Office To ensure that our audits satisfy Government Auditing Standards,our Office receives external peer reviews every three years by the National State Auditors Association(NSAA). The most recent peer review results are available online at www.sao.wa.gov/about-sao/who-audits-the-auditor/. Our Office received a "pass" rating, which is the highest level of assurance that an external review team can give on a system of audit quality control. Working Together to Improve Government Audit Survey When your report is released, you will receive an audit survey from us. We value your opinions on our audit services and hope you provide us feedback. Local Government Support Team This team provides support services to local governments through the Budget,Accounting,and Reporting System (BARS) and annual online filing technical assistance, provides accounting, reporting and BARS training. Our website and client portal offers many resources,including a client Help Desk that answers auditing and accounting questions, updated BARS manuals, access to resources and recorded trainings, and additional accounting and reporting resources. Additionally, this team assists with the online filing of your financial statements. The Center for Government Innovation The Center for Government Innovation of the Office of the Washington State Auditor offers services designed to help you, help the residents you serve at no additional cost to your government. What does this mean? They provide expert advice in areas like building a Lean culture to help local governments find ways to be more efficient, effective and transparent. The Center also provides financial management technical advice and best practices and resources. These can be accessed from the "Improving Government" tab of our SAO website and help you act on accounting standard changes, comply with regulations, protect public resources, minimize your cybersecurity risk and respond to recommendations in your audit. The Center also offers the Financial Intelligence Tool, better known as FIT, to help you assess and monitor your finances and compare your financial operations to other local governments like you. You can email the Center for a personal training session to learn all the benefits using the FIT tool can provide. The Center understands that time is your most precious commodity as a public servant, and wants to help you do more with the limited hours you have. If you are interested in learning how the Center can help you maximize your effect in government, call them at(564) 999-0818 or email them at Center&sao.wa. og_v. Audit Team Oualifications Kelly Collins,CPA,CFE,Director of Local Audit—Kelly has been with the Washington State Auditor's Office since 1992. In her role, she oversees the audit teams that perform the audits for over 2,200 local governments. She serves on the Washington Finance Officers Association Board and is a member of the Washington Society of Certified Public Accountants' Government Auditing and Accounting Committee. Phone: (564) 999-0807 or Kelly.Collins(&,sao.wa.gov Tina Watkins, CPA, Assistant Director of Local Audit—Tina has been with the Washington State Auditor's Office since 1994. In her role as Assistant Director, she assists with statewide oversight and management of all the audits for local government. She served as an Audit Manager for six years prior to becoming an Assistant Director of Local Audit. Phone: (360) 260-6411 or Tina.Watkins(c�r�,sao.wa.gov Amy Strzalka, CPA, Program Manager—Amy has worked for the State Auditor's Office since 2013. In her role, she oversees Team Port Orchard, which performs financial, single and accountability audits for local governments in Kitsap, Mason, Jefferson, Clallam, and portions of Pierce and King Counties. She also oversees our Agency's audits of Fire Districts, Emergency Services Agencies and Trauma Care Councils. She previously served as an Assistant Audit Manager for the Port Orchard team and as the Agency Reporting Specialist for the Audit Support and Quality Assurance team. Amy has a Master's Degree in Accounting and is a Certified Public Accountant. Phone: (360) 845-1476 or Amy.Strzalka(?sao.wa. og_v Miranda Shales,Assistant Audit Manager—Miranda has been with the State Auditor's Office since 2019 and has led and supervised a variety of local government audits. Miranda currently serves as one of the Office's Housing Authority Subject Matter Experts. She holds a Bachelor of Arts degree in Professional Accounting from Eastern Washington University. Phone: (425) 510-0487 or Miranda.Shales(d),sao.wa.gov Tammy Lane,Assistant State Auditor—Tammy has been with the State Auditor's Office since April 2015. She earned her master's degree in accounting with a concentration in auditing. Since starting with Team Port Orchard, she has led many audits including housing authorities, cities,PUDs, and school districts and currently serves as a fraud specialist for Team Port Orchard. Phone: (360) 845-1482 or Tamm (c�sao.wa.gov ` UR/qS LL �1'11.16g9 Office of the Washington State Auditor Pat McCarthy June 28, 2024 Board of County Commissioners Mason County 411 N. 5th St Shelton, WA 98584 We are pleased to confirm the audits to be performed by the Office of the Washington State Auditor, in accordance with the provisions of Chapter 43.09 RCW, for the Mason County. This letter confirms the nature and limitations of the audits, as well as responsibilities of the parties and other engagement terms. Office of the Washington State Auditor Responsibilities Financial Statement Audit We will perform an audit of the financial statements of Mason County as of and for the fiscal year ended December 31, 2023, prepared in accordance with the cash basis Budgeting, Accounting and Reporting System Manual(BARS). The objective of our audit will be to express our opinion on these financial statements. We will perform our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free from material misstatement. Since we do not review every transaction, our audit cannot be relied upon to identify every potential misstatement. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that some material misstatements may not be detected,even though the audit is properly planned and performed in accordance with the standards identified above. A financial statement audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error. In making those risk assessments, the auditor considers relevant internal controls in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of internal control. Accordingly, we will express no such opinion. Although our audit is not designed to provide an opinion on the effectiveness of internal control over financial reporting, we are required to report any identified significant deficiencies and material weaknesses in controls. We are also required to report instances of fraud and noncompliance with Insurance Building, P.O. Box 40021 • Olympia,Washington 98504-0021 • (564)999-0950• Pat.McCarthy@sao.wa.gov provisions of laws, regulations, contracts, and grant agreements that could have a direct and material effect on the accuracy of financial statements. A financial statement audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management,as well as evaluating the overall presentation of the financial statements. All misstatements identified by the audit will be discussed with management. Material misstatements corrected by management and all uncorrected misstatements will be communicated at the exit conference, as required by professional auditing standards. Our responsibility is to express in a written report an opinion on the financial statements based on the results of our audit. We cannot guarantee an unmodified opinion. We may modify or disclaim an opinion on the financial statements if we are unable to complete the audit or obtain sufficient and appropriate audit evidence supporting the financial statements.If our opinion is other than unmodified, we will fully discuss the reason with you prior to issuing our report. Further, in accordance with professional standards, we may add emphasis-of-matter or other-matter paragraphs to our report to describe information that, in our judgment,is relevant to understanding the financial statements or our audit. We will also issue a written report (that does not include an opinion) on issues identified during the audit related to internal control over financial reporting and on compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The County prepares supplementary information that accompanies the financial statements, which is required by the BARS Manual (the Schedule of Liabilities). We agree to perform auditing procedures on this information, with the objective of expressing an opinion as to whether it is fairly stated, in all material respects, in relation to the financial statements taken as a whole. Federal Single Audit We will also perform a federal single audit on compliance with, and report on internal control over compliance for, each major program for the fiscal year ended December 31, 2023, in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that some material noncompliance may not be detected, even though the audit is properly planned and performed in accordance with these standards and the Uniform Guidance. In planning and performing the compliance audit, we will consider internal control over compliance in order to determine the appropriate auditing procedures necessary for opining on compliance with each major program, and for testing and reporting on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we will express no such opinion. Although our audit is not designed to provide an opinion on the effectiveness of internal control over compliance, we are required to report any identified significant deficiencies and material weaknesses in controls. We will express an opinion as to whether the Schedule of Expenditures of Federal Awards is fairly stated, in all material respects, in relation to the financial statements taken as a whole for the fiscal year ended December 31, 2023. We estimate the federal single audit will cover two federal grant programs,which will be identified at the audit entrance conference. If additional grant programs are audited to satisfy the requirements of the Uniform Guidance, the audit budget discussed below will increase by approximately $8,500 per additional major program. Upon completion of our audit,we will issue a written report containing our opinion on compliance for each major program and a written report on internal control over compliance. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, issue a disclaimer of opinion, or add an emphasis-of-matter or other-matter paragraph(s) to the report. Accountability Audit We will perform an accountability audit of compliance with applicable state laws, regulations, and policies, and of controls over the safeguarding of public resources for the fiscal year ended December 31, 2023. The audit will be conducted in accordance with provisions of RCW 43.09.260 and the Office's audit policies, which include policies specific to these types of audits and general audit policies. Our general audit policies apply to all our engagements and incorporate the requirements of Government Auditing Standards, as applicable, on topics such as communications with auditees, independence, audit evidence and documentation, and reporting. An accountability audit involves performing procedures to obtain audit evidence about compliance and controls in areas selected for audit. In keeping with general auditing practices,we do not examine every transaction, activity, policy, internal control, or area. The areas examined and procedures selected depend on the auditor's judgment, including the assessment of the risks of fraud, loss, abuse, or noncompliance. Upon completion of our audit, we will issue a written report describing the overall results and conclusions for the areas we examined. Data Security Our Office is committed to appropriately safeguarding the information we obtain during the course of the audit. We have entered into a data sharing agreement with the County to ensure compliance with legal requirements and Executive Directives (Executive Order 16-01, RCW 42.56 and OCIO Standard 141.10) in the handling of information considered confidential. Roortin levels for audit issues Issues identified through the auditing process will be communicated as follows. Failure to appropriately address audit issues may result in escalated reporting levels. • Findings formally address issues in an audit report. Findings report significant results of the audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations, contracts or grant agreements. You will be given the opportunity to respond to a finding, and this response, or a synopsis of it, will be published in the audit report. Professional auditing standards define the issues we must report as findings with regard to non-compliance with a financial statement effect and internal controls over financial reporting. The Uniform Guidance defines the issues we must report as findings with regard to non-compliance and internal controls over compliance with federal grants. • Management letters communicate control deficiencies, non-compliance, misappropriation, abuse, or errors with a less-than-material effect on audit objectives. Management letters are referenced, but not included, in the audit report. • Exit items address control deficiencies, non-compliance, abuse, or errors that have an insignificant effect on audit objectives. These issues are informally communicated to management and are not referenced in the audit report. Client's Responsibilities Management is responsible for the accuracy and completeness of information provided to the auditor and will provide the Office of the Washington State Auditor with: • Unrestricted access to people with whom the auditor wishes to speak. • All information that is requested or relevant to auditor requests. • Notification when any documents,records, files,or data contain information that is covered by confidentiality or privacy laws. • Adequate workspace and conditions, including interacting with auditors professionally and respectfully and promptly communicating about any issues and concerns. Moreover, our audit does not relieve management or the governing body of their responsibilities. Management's responsibilities, with oversight from the governing body, include: • Selecting and applying appropriate administrative and accounting policies. • Establishing and maintaining effective internal controls over financial reporting, compliance, and safeguarding of public resources. • Designing and following effective controls to prevent and detect fraud, theft, and loss. • Promptly reporting to us knowledge of any fraud, allegations of fraud or suspected fraud involving management, employees or others, in accordance with RCW 43.09.185. • Ensuring compliance with laws,regulations and provisions of contracts and grant agreements. • Preparation and fair presentation of these financial statements in accordance with the cash basis Budgeting, Accounting and Reporting System Manual(BARS). • Preparing the following supplementary information: o Schedule of Expenditures of Federal Awards (including notes and noncash assistance received) that includes all expenditures from federal agencies and pass-through agencies in the form of grants, contracts, loans,loan guarantees,property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance in accordance with Uniform Guidance 2 CFR § 200.510 requirements o Schedule of Liabilities in accordance with the BARS Manual • Including the auditor's report on the supplementary information in any document that both contains the supplementary information and indicates that the auditor reported on the supplementary information. • Either presenting the supplementary information with the audited financial statements or, if the supplementary information will not be presented, making the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information and auditor's report thereon are issued. • Identifying all federal awards received. • Understanding and complying with the provisions of laws, regulations, contracts, and grant agreements, including applicable program compliance requirements. • Establishing and maintaining internal control over compliance, including establishing and maintaining effective controls that provide reasonable assurance that the County administers government programs in compliance with the compliance requirements. • Evaluating and monitoring compliance with federal award requirements. • Informing us of the County's relationships with significant vendors who are responsible for program compliance • Submitting the reporting package and data collection form through the Federal Audit Clearinghouse. Responsibilities at the conclusion of the audit At the conclusion of our audit, the County will provide us with a letter to confirm in writing certain express and implied representations made during the course of the audit. This letter includes representations regarding legal matters. A separate letter may be needed from the County's legal counsel. Management and the governing body are also responsible for following up and taking corrective action on all audit findings,including,when applicable,preparing a summary schedule of prior audit findings and a corrective action plan on the County's own letterhead. Estimated Audit Costs and Timeline We estimate the cost of the audit work to be $111,000, plus travel costs, and other expenses, if any. Invoices for these services will be prepared and presented each month as our audit work progresses. We anticipate our reports will be published on our website www.sao.wa.gov and be available to you and the public as outlined below. These estimates are based on timely access to financial information and no significant audit reporting issues. The estimated cost and completion date may change if unforeseen issues arise or if significant audit issues are identified necessitating additional audit work. We will promptly notify you if this is the case. Report Date* Independent Auditor's Report on Financial Statements September 2024 Independent Auditor's Report on Internal Control over Financial Reporting September 2024 and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Independent Auditor's Report on Compliance for Each Major Program and on September 2024 Internal Control over Compliance in Accordance with Uniform Guidance Independent Auditor's Report on Accountability September 2024 *Report Issuance Dates Are Estimates Only The audit documentation for this engagement, which may contain confidential or sensitive information,is the property of SAO and constitutes a public record under Chapter 42.56 RCW. Subject to applicable laws and regulations, appropriate individuals, as well as audit documentation, will be made available upon request and in a timely manner to appropriate auditors and reviewers, County's management and governing body, and federal agencies, for purposes of a public records request, a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. The audit documentation for this engagement will be retained for a minimum of five years after the report release (publish) date in accordance with the public records retention schedule established by the Washington Secretary of State. Expected Communications During the course of the audit, we will communicate with the County's selected audit liaison, Leo Kim, CFO, on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. The audit liaison is responsible for regularly updating management and the governing body on these matters. We may also provide direct communication of these matters to management and the governing body as needed or upon request. Please contact us if any events or concerns come to your attention of which we should be aware. We will expect the audit liaison to keep us informed of any such matters. Audit Dispute Process Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you have during the performance of our audit. At the conclusion of the audit, we will summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. By signing and returning this letter, you acknowledge that the foregoing is in accordance with your understanding. Please contact us with any questions. We appreciate the opportunity to be of service to you and look forward to working with you and your staff. Sincerely, 6/28/2024 A St zalka, CPA, Program Manager Date Office of the Washington State Auditor County Response: This letter correctly sets forth our understanding. Mark Neary, County Administrator Date Leo Kim, Chief Financial Officer Date Steve Duenkel, Auditor Date Randy Neatherlin, Board Chair Date Audit timeliness is a team effort post-pandemic Government offices at all levels experienced upheaval during the COVID-19 pandemic, with added complexity and disrupted timelines for all kinds of work.The scale of federal grant money to be managed—and then audited—was unprecedented. More and larger federal grants that must be audited have affected the timing and speed of local governments'federal single audits.To keep audits timely, the Office of the Washington State Auditor needs local governments' help. Federal grants flooded local governments, changing their audit needs Emergency federal pandemic funding increased the number of local governments requiring federal audits.Total federal spending by local governments in Washington more than doubled, from $3.7 billion in fiscal year 2019 to $8.3 billion in fiscal year 2022.At the same time,the actual number of federal grants the State Auditor's Office was required to audit, and the amount of time needed to audit their often very complex terms, also increased significantly. Changing audit deadlines also affected workflow at the State Auditor's Office The federal government extended the deadline for completing these federal audits by six months, starting in fiscal year 2021. On the one hand,this "grace period" recognized disruptions occurring across all government organizations. But the shift in the deadline did not reduce the amount of work that still had to be completed at the end of the six-month extension. For the State Auditor's Office,the extended federal audit deadlines not only disrupted the normal workflow and scheduling of Single Audits Due by Year,2019-2024 local government federal audits, it also created an unprecedented workload Number due ex indeddeadli es with extended deadlines in fiscal year 2022. Once the deadline extensions ended, it had the effect of compressing the time window for federal audits.Auditors worked to complete the Original number of 2024 estimated delayed audits while simultaneously Single Audits due Single Audits conducting the audits with normal fI 2022 deadlines. 405 The orange line in the chart Single Audits Due by Year shows how the number of required audits grew in the pandemic, from about 368 in 2019 and 2020 to more than 425 in subsequent years.The State Auditor's Office does not expect those numbers to return to pre-pandemic i 2019 i 2020 i 2021 i 2022 i 2023 i 2024 levels until 2025 at the earliest.The blue line in the chart illustrates how the lag in required audits in 2021 produced a sharp December 2023 spike in the number due in 2022. How auditors and governments can work together in 2024 The State Auditor's Office always urges clients to keep in close communication with their audit team to maintain audit timeliness, which is an important factor in maintaining bond ratings. As governments of all sizes ride out these and other post-pandemic ripple effects, robust communication will be vital to achieving cost-effective and timely audits. Here are four strategies governments can use to help auditors help them: 1. Make sure auditors know your audit timeline needs.Your auditor can help ensure your audit is completed in time so you can provide results to others who rely on your financial statement audits. However, auditors can only do so if they know your deadlines. For example, does your government have bonds that require a financial statement audit, due six to nine months after your fiscal year-end? Figure out your audit timeline needs, then call or email your local audit manager to make sure they're aware of these deadlines. 2. Attend the pre-audit meetings. Before auditors start any work, they will meet with governments to discuss the timing and logistics of the upcoming audit. These meetings really help ensure the audit gets off to a good start. Auditors also cover the benefits of performing audit work on-site at your office, and its effect on the timeliness and efficiency of the audit.This is also the time to establish how to share information, maintain commitments and ensure open communication. 3. Tackle the document request list promptly.Your auditor will probably give you a list of documents needed for your audit. It usually includes some items auditors will use for planning the audit, as well as some they know they will need later.The list might appear overwhelming at first glance, so work with your auditor to coordinate how to tackle this list. 4. Attend audit status meetings. Hold these meetings with your auditor at least weekly, although they can take place more often.Auditors use these meetings to keep you informed about the audit's progress, and to discuss any outstanding requests, potential areas of concern and possible recommendations.And these meetings are a perfect time for you to ask questions or let your audit team know if they need to adjust timing or processes. Above all, stay in touch.The State Auditor's Office is committed to forming a collaborative partnership with governments that relies on flexibility and open communication to achieve cost-effective and timely audits. 1 I '> \ ° TF C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Chief Hanson Ext. 369 Department: Sheriffs Office Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 8,2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑X 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• New inmate phone provider-CTEL. Background/Executive Summary: Securus has been the inmate phone provider since 2016. We are switching phone vendors for better service, equipment, and updated technology. This includes: inmate access to tablets,which includes a full sundry of inmate educational products, entertainment,current news, law library, etc.;texting, and email. Budget Impact(amount,funding source,budget amendment): None. Public Outreach (news release, community meeting, etc.): N/A. Requested Action: None. Information purposes only. Attachments: None. 9 �N C4 � Mason County Community Development Briefing July 8, 2024 Briefing Items Amendment to the Mason County Building Permit Fee Schedule—Todd Cunningham Quarterly Update on SmartGov (permitting software), Appointment System, Average Permit Turn-around Time, and Scanning Project—Kell Rowen Open job position for code enforcement—Kell Rowen C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Todd Cunningham,Building Official Ext. 359 Department: Community Development Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 8,2024 Agenda Date: July 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: Discussion of Mason County Code related to current building permit fee schedule revision(s) authorizing a hearing for revision to the schedule of fees for building permits. Background/Executive Summary: Mason County, Community Development Staff is proposing an amendment to the Mason County building permit fee schedule. Building permit fees have not been restructured since 2018. The attached proposed fee schedule reflects both format cleanup as well as addressing unfunded mandates of the state adopted code(s)as they continued to be placed upon local jurisdictions. These mandates include the WA State Energy Code as presented by the State Building Code Council pursuant to RCW 19.27. The fees are intended to support the needs of the County to ensure continued fiscal stability and to reflect cost recovery for business of the County related to building permits. Budget Impact: Fees are being evaluated for the purpose of maintaining cost recovery and keeping in line with actual costs for service;no negative impact to the budget is anticipated. Public Outreach: Outreach has included contact with stakeholders and field staff,review by the Olympia Master Builders board of directors and their membership. This BOCC briefing was advertised on the home page of the Mason County website and subsequent requests for action will be advertised on the home page under the corresponding agenda and the public hearing notice will be published in the Mason Shelton Journal on July 25 and August 1,2024. Requested Action: Discussion of amendments and recommendation to place this item on the action agenda to set the public hearing for August 13,2024. Attachments: Fee schedule side-by-side comparison exhibit A(current and proposed);Fee detail comparison example for an average single family residential unit exhibit B,revenue estimates based on the recommended revision to the fee schedule exhibit C. Other Jurisdictions permit fees comparisons Exhibit D. Ordinance exhibit E. MASON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BUILDING PERMIT FEE SCHEDULE NC VALUATION BASED FEES: Building and Fire Code Construction Permits are to be based upon the building valuation or the improvement value of the improvement/s unless otherwise specified. Mason County will utilize the August published International Code Council's(ICC)"Building Valuation Data"as published by the ICC or the value of the improvements. For improvements not covered by the ICC published tables; applicants may be asked to provide valuation data related to the project. If valuation is not provided or supported by the documents provided with the permit application, the Department may determine valuation based on actual cost for construction as determined in the IRS Means or Saylor Construction cost publications. The square footage valuations from the ICC tables will be implemented on the first day of September following publication and remain in force though August of the following year(updated annually). The permit fee is based on Table 1 (as shown below) and the plan review fee is calculated at 65% of the building permit fee unless otherwise specified herein. The plan check fee will be collected when the building plans and applications are submitted. In addition, all other review fees and addressing fee, if applicable, will be collected at submittal. The building permit fee, and other associated fees, will be collected when the permit is issued. ➢ For plumbing and mechanical fees, please refer to the attached tables 1-B and 1-C. ➢ For Grading Permit fees see table 1-D ➢ Planning fees are per"Planning Program Permit Fees" documents ➢ Technology fee per Mason County Ordinance 84.17. ➢ State Building Fee collected per RCW 19.27.085. ➢ For additional fee information please contact the Permit Assistance Center at(360)427-9670 ext. 352. Table 1 —Building Permit Fees Total Valuation Fee $1.00 to$500.00 $156.00 minimum* $501.00 to$2,000.00 $156.00 minimum* $2,001.00 to$25,000.00 $156.00 minimum* or$76.17 for the first $2,000.00 plus$15.40 for each additional $1,000.00,or fraction thereof,to and including $25,000.00. Whichever is greater $25,001.00 to$50,000.00 $430.37 for the first$25,000.00 plus$11.11 for each additional$1,000.00, or fraction thereof, to and including $50,000.00. $50,001.00 to$100,000.00 $708.12 for the first$50,000.00 plus$7.70 for each additional$1,000.00, or fraction thereof, to and including $100,000.00. $100,001.00 to$500,000.00 $1,093.12 for the first$100,000.00 plus$6.16 for each additional $1,000.00, or fraction thereof, to and including$500,000.00. $500,001.00 to$1,000,000.00 $3,557.12 for the first$500,000.00 plus$5.22 for each additional $1,000.00, or fraction thereof, to and including$1,000,000.00. $1,000,000.00 and up $6,166.35 for the first$1,000,000.00 plus$3.46 for each additional $1,000.00, or fraction thereof *Permit fees shall be as set forth in Table 1. A minimum fee of$156.00 will be assessed or adjusted fee(based upon departmental cost considerations)assigned at the discretion of the Building Official and/or Community Services Director. PERMIT FEES AND VALUATIONS (Plan review fees may apply where applicable) RESIDENTIAL(AND ACCESSORY) BUILDING VALUATIONS New construction, and remodels greater than 50%, of"R" occupancies sq ft (including finished basements and additions) are valued per the most current August version of the (ICC) International Code Council's Building Valuation Data for the specified occupancy. Private garages, storage buildings, green houses and similar structures shall be valued as Utility, Miscellaneous unless otherwise specified Remodels less than 50% shall be valued at 50% of the table value from the ICC Building Valuation Data for the occupancy specified. NOTE:all footnotes of Building Valuation Data as published by ICC shall apply. MISCELLANEOUS VALUATIONS Covered deck/Carports Per sq ft$24.00 Fences Per sq ft$14.00 Decks Per sq ft$17.00 Retaining Walls Per sq ft$25.00 MISCELLANEOUS VALUATIONS (Shoreline related) The following projects per WAC 173-27-040 (2) (a) the valuation for these projects must be at cost, or fair market value, whichever is higher. A written contractor's bid or engineer's estimate of cost must be submitted with application. Bulkheads Boat Ramps Docks, Piers, Floats Stairs and Landings Pilings RESIDENTIAL PERMIT FEES (Plan review fees may apply where applicable) MANUFACTURED HOUSING Manufactured Homes: (see below if perimeter"concrete"foundation system) Flat fee$550.00 Modular Home or(Manufactured Home with perimeter concrete foundation) Flat fee$720.00 MH Title Elimination Flat fee$97.00 MH Runners/Tiedowns Flat fee$170.00 MISCELLANEOUS Foundation Only: Fees based 20% of total valuation of project Min. $156.00 (based on value) Window replacement In existing openings (SEE POLICY FOR IMPORTANT DETAILS) Flat fee $131.00 2 Roofing Only (Residential) Flat fee $131.00 Demolition Fee Flat fee $131.00 Below ground tank removal/abandonment (Residential) Flat fee $97.00 Site Inspection/Investigation: Per trip $97.00 Final Inspection/Expired permit Per trip $97.00 Plan Review Revisions Per hr. $97.00 Re-inspect Fee Per trip $97.00 Geotechnical/Stormwater Review (for related building structural issues) Per hr. $97.00 Addressing Fee Flat fee $185.00 Bldg. Inspections/Adj. Counties Base Plus Miles (base) (Actual Cost) Appeals of Administrative Decisions Flat fee $660.00 Large scale copies (plans) Per Page $4.50 Land Use Prosecutor/Deputy Prosecutor Research and/or Consultation fee: Per Hr. actual cost to dept. Structures or work requiring permits for which no fee is specifically indicated: Min permit fee of signs, pools, etc., will be valued utilizing submitted written contractor's bid or $156.00 engineer's cost information, or closest related item for which a fee is determined. Plan review fees for compliance with the Washington State Energy Code shall 5% of the building be established at the rate of 5% of the building permit fee. permit fee *Fees may be adjusted at the discretion of the Building Official and/or Community Development Director PERMIT FEES PLAN/PLAN REVIEW Permit fees shall be as set forth in Table 1. A minimum permit fee of$156.00 will be assessed, or adjusted fee assigned at the discretion of the Building Official and/or Community Development Director unless otherwise specified herein. Plan review fees, where not otherwise provided for or indicated, shall be established at 65% of the building permit fee or a rate of$97.00 per hour with a one-hour minimum charge. VIOLATIONS/STOP WORK ORDER PENALTIES AND FINES Shall be assessed pursuant to Title 14, Title 15, and Codes adopted at time of submittal. STOCK PLAN FEES A full plan review fee based upon square footage, occupancy, and use of the building will be collected when the initial stock plan is submitted along with a 1-hour charge for the initial stock plan set-up. The plan review fee for the subsequent submittals is the greater of 20% of the building permit fee, or 1 hour charged at the current rate. The reduced plan check fee will cover review of site-specific conditions and is intended to cover processing costs. If additional reviews are needed because of a geo-technical report or similar issues, hourly fees will be assessed based upon the current adopted fee schedule in effect at the time the building permit application was received. Stock plan use, and limitations will be per current Mason County stock plan policy at time of submittal. 3 COMMERCIAL STRUCTURES & IMPROVEMENTS, PERMIT AND PLAN REVIEW FEES VALUATION DETERMINATION New construction, and remodels greater than 50% of all occupancies are valued per the most current August version of the International Code Council's Building Valuation Data for the specified occupancy. Remodels less than 50% sq ft, permit and plan review fees shall be based upon 50% of the valuation for the occupancy group listed in the Building Valuation Data as published by the ICC or as determined by the Building Official or Director of Community Development Written Contractor's Bid or Engineer's Estimate of cost if not specified in the published Building Valuation Data. PERMIT FEE/PLAN REVIEW (Permit fees shall be as set forth in Table-1) A minimum fee of$156.00 will be assessed, or adjusted fee assigned at the discretion of the Building Official and/or Community Development Director. Plan review fees, where not otherwise provided for or indicated, shall be established at 65% of the building permit fee or a rate of$97.00 per hour with a one-hour minimum charge. Plan review fees for compliance with the Washington State Energy Code shall be established at the rate of$97.00 per-hour or 5% of the building permit fee whichever is greater, with a 1-hour minimum and shall be paid at the time the permit is issued. Each Commercial Tank installation, or removal, permit fees will be valued per written contractor's bid or Engineer's estimate, or will be a minimum fee base of$190.00, whichever is greater in addition to any applicable IFC and IBC plan check fees that may apply. Re-roof permit fees for commercial structures will be based upon the above criteria or will be a minimum fee base of$190.00, whichever is greater in addition to any applicable IFC and IBC plan check fees that may apply. Change in Tenant Applications $156.00 in addition to any applicable IFC and IBC plan check fees that may apply. Commercial Coach $550.00. A separate plan review fee and building permit fee will be charged for additional structures, such as landings, ramps, etc. Modular structure placed on permanent foundation systems $720.00.A separate plan review fee and building permit fee will be charged for additional structures, such as landings, ramps, etc. 4 INTERNATIONAL FIRE CODE/ASSOCIATED FEES Plan review fees for fire code compliance of building 50% of the IBC plan review fee or a rate of plan reviews. $97.00 per hour with a one hour minimum Fire related reviews and site visits for large lot short Based on the hourly rate of$97.00 per hour plat/subdivisions. with a one-hour minimum charge. Fire related plan review and inspection fees where not A rate of$97.00 per hour with a one-hour otherwise provided for, or indicated. minimum charge. AUTOMATIC FIRE ALARMS Fees to be assessed based upon submitted The permit fee will be a minimum fee base of contractor bid and the adopted fee schedule as $190.00. Plan review fees will be calculated at depicted in Table 1. 65% of permit fee. Fixed Fire Suppression: The permit fee will be a minimum fee base of Fees to be assessed based upon submitted $190.00. Plan review fees will be calculated at contractor bid and the adopted fee schedule as 65% of permit fee. depicted in Table 1. Automatic Sprinkler: The permit fee will be a minimum fee base of Fees to be assessed per Building Standards $190.00. Plan review fees will be calculated at valuation data or upon submitted contractor bid at 65% of permit fee. the discretion of Mason County. MISCELLANEOUS REVIEW Fire Apparatus Road ==Per hr. min fee $97.00 Burn Permit Per Site $175.00 FIREWORKS RELATED FEES-LOCAL PERMIT AND LICENSE FEES (LIMITS PURSUANT TO RCW 70.77.555) Retail Fireworks Stand Permit: $100.00 for one retail sales permit for one selling season in a year. Cost includes processing, permit, and inspections. Public Fireworks Display Permit: $250.00 minimum permit fee and min. '/2 hr. plan review fee or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved and include administrative costs 5 TABLE 1-B PLUMBING PERMIT FEE SCHEDULE (Commercial Permits Use Unit Fee Schedule) PERMIT ISSUANCE Base fee for issuing each permit Flat fee $30.00 SINGLE FAMILY RESIDENTIAL PLUMBING FEES (flat fee schedule) New SFR Plumbing system up to 1499 sq ft, includes one kitchen/two Flat fee $182.00 restrooms (min fee) 1500 sq ft up to 3000 sq ft (if additional plumbing fixtures beyond one kitchen $182.00 flat fee and two restrooms) plus an additional $50.00 3001 sq ft to 6000 sq ft $232.00 flat fee plus an additional $75.00 Over 6000 sq ft. $307.00 flat fee plus an additional $100.00 SWIMMING POOLS (May require fencing or other protection per state statute) Fencing or other protection inspection as required per state statute Flat fee $48.50 For each above ground swimming pool over 5000 gallons Flat fee $62.50 For each in-ground swimming pool or built-in spa in addition to plan review fees Min fee $156.00 as applicable. UNIT FEE SCHEDULE For each plumbing fixture on one trap or a set of fixtures on one trap $10.00 (including water, drainage piping and associated backflow protection. For each repair or alteration of drainage or vent piping, each fixture $10.00 For each gas piping system of one to five outlets $9.00 For each additional gas piping system outlet, per outlet $3.00 For each building sewer and each trailer park individual sewer line. $21.00 Rainwater system/s-per drain (inside building) $21.00 For each private sewage disposal system lateral line to structure. $48.50 Note:Addition permit is required to be issued for all private sewer system. (Contact County Environmental Health Dept.) For each water heater and or vent associated with a gas fired water heater $10.00 For each waste water pretreatment interceptor or grease trap including vent up to $10.00 200 gallons. For each waste water pretreatment interceptor or grease trap including vent over $60.00 200 gallons. 6 For each installation, alteration or repair of water piping and/or water $10.00 treatment equip each. For each state compliant gray water system. $60.00 (see state statutes for design restrictions) For each lawn sprinkler system on any one meter including associated backflow $10.00 devices. For atmospheric-type vacuum breakers not included in lawn systems: 1 to 5 $7.00 Over 5, each $2.00 For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller $10.00 Over 2-inch diameter $22.00 For installation and testing of a reclaimed water system. Based on value and Table-1 fees For each medical gas piping system serving one to five inlets/outlets for a specific $80.00 gas For each additional medical gas inlet/outlet. $7.00 For each annual cross-connection Inspection testing of a reclaimed water system. $80.00 OTHER INSPECTIONS AND FEES (Plumbing) Inspections outside of normal business hours* (Minimum charge two hours) $145.00 Reinspection fee, minimum fee for one hour $97.00 Over one hour is an additional charge per hour of $97.00 Inspections for which no fee is specifically indicated* $97.00 Additional plan review for changes, additions or revisions to approved plans $97.00 (1/2-hour minimum)* *Per hour based on hours worked or cost to the jurisdiction,whichever is greater.This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved as determined by the County. 7 TABLE 1-C MECHANICAL PERMIT FEE SCHEDULE PERMIT ISSUANCE For the issuance of each mechanical permit $30.00 SINGLE FAMILY RESIDENTIAL MECHANICAL FEES (flat fee schedule) New SFR Mechanical system up to 1499 sq ft, Flat fee$136.00 1500 sq ft up to 3000 sq ft $136.00 flat fee plus an additional $75.00 3001 sq ft to 6000 sq ft $211.00 flat fee plus an additional $125.00 Over 6000 sq ft. $336.00 flat fee plus an additional $150.00 UNIT FEE SCHEDULE For the installation or relocation of each forced-air or $19.00 gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100 Btu/h. For the installation or relocation of each forced-air or gravity-type furnace $23.00 or burner, including ducts and vents attached to such appliance, over 100 Btu/h For the installation or relocation of each suspended heater, $19.00 recessed wall heater or floor-mounted unit heater. For the installation or relocation of each floor furnace, including vent. $19.00 APPLIANCE VENTS For the installation, relocation or replacement of each appliance vent installed and $10.00 not included in another permit. REPAIRS OR ADDITIONS For the repair of, alteration of, or addition to each heating appliance, $17.00 refrigeration unit, cooling unit, absorption unit or each heating, cooling absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code. s BOILERS, COMPRESSORS AND ABSORPTION SYSTEMS (INCL. HEAT PUMP) For each absorption system to and including 100,000 Btu/h(29.3kW) $19.00 For the installation or relocation of each boiler or compressor over $35.00 three horsepower(10.6kW)to and including 15 horsepower(52.7kW), or each absorption system over 100,000 Btu/h (29.3 kW)to and including 500,000 Btu/h (146.6kW). For the installation or relocation of each boiler or compressor $46.00 over 30 horsepower(52.7 kW)to and Including 30 horsepower(105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW)to and Including 1,000,000 Btu/h (293.1 kW) For the installation or relocation of each boiler or compressor over $70.00 30 horsepower(105.5 kW)to and Including 50 horsepower(176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW)to and including 1,750,000 Btu/h (512.9 kW) For the installation or relocation of each boiler or compressor over $115.00 50 horsepower(176 kW)or each absorption system over 1,750,000 Btu/h (512.9 kW) AIR HANDLERS For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719L/s), including attached ducts. Note: This fee does not apply to an air-handling unit, which is a portion of a $14.00 factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code. Factory-assembled appliance, cooling unit, evaporative cooler or absorption unit $23.00 for which a permit is required elsewhere in the Mechanical Code. For each air-handling unit over 10,000 cfm (4719L/s) $14.00 VENTILATION AND EXHAUST For each ventilation fan connected to a single duct $10.00 For each ventilation system which is not a portion of any other permitted $14.00 heating or air-conditioning system. For the installation of each hood which is served by mechanical exhaust, $14.00 including the ducts for each hood. MISCELLANEOUS For each appliance or piece of equipment regulated by the Mechanical Code but $14.00 not classed in other appliance categories, or for which no other fee is listed. 9 OTHER INSPECTIONS AND FEE Inspections outside of normal business hours, per hour $145.00 (minimum charge two hours) Reinspection fee, minimum fee for one hour $97.00 Over one hour is an additional charge per hour of: $97.00 Inspections for which no fee is specifically indicated, per hour(minimum charge $97.00 one-half hour) Additional plan review required by changes, additions or revisions to plans or to $97.00 plans for which an initial review has been completed (minimum charge-one-half hour) Liquid propane tank, above ground tank, below ground tank(Residential $97.00 Only) Solid Fuel Burning Equipment: Wood, Pellet, LP and fireplace, barbeque $97.00 appliances. 10 TABLE 1-D GRADING PERMIT FEES PERMIT ISSUANCE Unless otherwise exempt per Mason County Municipal Code (MCC) no person shall perform any grading without first having obtained a grading permit from the County.A grading permit shall be required for a project involving excavation or fill that total: • Two hundred or more cubic yards of grading material for lots exceeding one-acre and which do not impact neighboring properties or which are not otherwise exempted. • Grading activities not requiring a grading permit shall comply with the standards listed in Sections 14.44.170 through 14.44.210 of the Mason County Municipal Code. • Lots less than one-acre are subject to permits when excavation or fill exceeds fifty cubic yards unless specifically exempted by Section 14.44.050, subsection (b) of the MCC. GRADING PLAN REVIEW FEES (cu yards) 50 cubic yards or less No fee 51 to 100 cubic yards $97.00 101 to 1,000 cubic yards $194.00 1,001 to 10,000 cubic yards $291.00 10,001 to 100,000 cubic yards $291.00 for the first 10,000 yards plus $22.00 for each additional 10,000 yards up to 100,000 yards. 100,001 to 200,000 cubic yards $489.00 for the first 100,000 yards plus$11.00 for each additional 10,000 yards up to 200,000 yards. Over 200,000 yards $599.00 for the first 200,000 yards plus$7.00 for each additional 10,000 yards. GRADING PERMIT FEES (cu yards) 50 cubic yards or less No fee 51 to 100 cubic yards $97.00 101 to 1,000 cubic yards $291.00 1,001 to 10,000 cubic yards $291.00 for the first 1,000 yards plus $27.00 for each additional 1,000 yards or fraction thereof up to 10,000 yards. 10,001 to 100,000 cubic yards $534.00 for the first 10,000 yards plus$90.00 for each additional 10,000 yards or fraction thereof up to 100,000 yards 100,001 to 200,000 cubic yards $1344.00 for the first 100,000 yards plus $60.00 for each additional 10,000 yards or fraction thereof up to 200,000 yards. Over 200,000 yards $1944.00 for the first 200,000 yards plus $30.00 for each additional 10,000 yards or fraction thereof. 11 MASON COUNTY COMMUNITY SERVICES Bulld'nq Plannlnq Environmental Health,CammuniryHmltli Name Mr. and Mrs. Mason County Permit#: 3 bdrm /2 bath Example FEE • • - 1 • D- - • •- 118 IBC Occupancy Type Square Footage Valuation Amount Total Valuation (sq. ft. x valuation) Residence/Addition /Basement 1499 $166.08 $248,953.00 / $248,953.0 Garage/Storage 400 (20x20) $66.48 $26,592.00 /$26,592.00 Unfinished Basement $23.20 $ Deck 200 $15.00 $3,000.00 / $3400.00 Carport/Covered Deck $22.00 $ Other $Current / Proposed TOTAL VALUATION $278,545.00/$278,945.0 Estimated Plan Review Fee: $ 1,426.00 / $1426.00 Planning Dept. Review Fee [$240,$380,$80]: $ Environmental Health Review Fee: $ Fire Access & Grade Review Fee [$80.00]: $ ADD - Address Application Fee[$185.00]. $ GEO - Geo-technical Review Fee[$300.00]: $ ADV - Review Fee j$130.001 $ WAT - WAT Fee: Other TOTAL DUE WHEN PERMIT IS SUBMITTED: $ The estimated plan review fee is based upon information provided at the time of application and is subject to change. Planning Department fee is a flat fee which is due when permit is submitted.'Building permit fee, mechanical fees,and plumbing permit fees will be calculated during plan review. The balance of all other fees will be collected when permit is issued. ESTIMATED BUILDING PERMIT FEES Building Permit Fee (ICC, Table 1 — Building Valuation Data) $ 2195.76 /$2195.76 Estimated Mechanical Fees (U.M.C., Table 1-A). sq ft scale $ 112.00 / $136.00 Estimated Plumbing Fees (U.P.C. ,Table 1-1) sq ft scale $150.00 / $182.00 State Fee: state mandated fee $25 $6.50 $ 6.50 / $6.50 Technology Surcharge: Other: WA State Energy Code Fee $ 0 / $109.75 Estimated Building Permit Fees WHEN PERMIT 1S READY for pickup: $ ('all fees subject to change w/o notice) GRAND TOTAL $ 3890.26 / $4056.01 Difference $165.75 4.2% increase Exhibit C Additional cost recovery estimated Study period: 12 month based on 2023 year permit numbers Estimated additional annual revenue based on revisions to current schedule: SFR (includes energy fee) $45,705.00 Res Remodels $4,740.00 ADU $1,815.00 Commercial Energy $13,500.00 Misc Charges(mech, plumb, other) $3,568.00 Carport/Decks $1,234.00 $70,562.00 revenue Exhibit D Single Family Residence Permit Fee Comparison(2023) (2,000 sq ft,3 bedroom,3 bathroom,excludes basic plan) Crty of Pierce Cny of Clark City of Mason County Gig Harbor County Bainbridge County Port Orchard King City of 2023 Snohomish City of Bremerton Jefferson County Thurston County County Poulsbc Kitsap County County Graph does not include Impact Fees ORDINANCE 2024- AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON AMENDING THE DEPARTMENT OF COMMUNITY DEVELOPMENT FEES FOR BUILDING PERMITS REPEALING THE EXISTING FEES SCHEDULE AND ADOPTING THE REVISED FEE SCHEDULE. WHEREAS, the State of Washington requires counties and cities to enact building codes and regulations and provide for administration, enforcement, fee structures and amendments; and WHEREAS, the regulations of building and building construction by Mason County (the "County") is necessary to protect the public health and welfare; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS of the County desires to protect the safety and welfare of the citizens of the County through regulation of construction activities and fee structures regulating county business costs in the County; and WHEREAS, the County has previously adopted fee schedules related to these codes; and WHEREAS, County staff has undertaken a review of the currently adopted fee schedule; and WHEREAS, County Staff recommends restructuring of the current permit fee schedule in order to support continued fiscal stability; and WHEREAS, County Staff presented a briefing of the amended fee structure to the County BOARD OF COUNTY COMMISSIONERS; and WHEREAS, the Mason County BOARD OF COUNTY COMMISSIONERS conducted a public hearing regarding amendments to the Building Department's fee schedule on August 13, 2024; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS provides for approval of the new fee schedule through adoption of the new fee schedule set forth herein at the BOARD OF COUNTY COMMISSIONERS meeting on August 13, 2024. BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Code as shown on ATTACHMENT A. DATED this day of 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty, Commissioner APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen,DCD Ext.286 Department: Community Development Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 8,2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Quarterly update on SmartGov(permitting software),Appointment system(for permit submittals), Average Permit Turn-around Time, and Scanning Project(ARPA funds). Background/Executive Summary: DCD will provide an overview of work done to-date on SmartGov; submittal appointments;permit times and scanning project. Budget Impact None. Public Outreach N/A. Requested Action: Discussion only. Attachments: SmartGov To-Do list; SG Monthly Report SmartGov Progress Report 2024 July Narrative Quarter Highlights • Garage permits can now be applied for online! o This is the first big building permit type to go on the portal. o Applicants currently can apply online but must pick-up in person. Short Term Goals • July: Continue ironing out online garage permits to ensure process works smoothly and is clear for both staff and applicants. After 2-3 online garage permits have made it from application to issuance, another permit type will be added to the portal. • August: Allow for manufactured homes to be applied online. DONE �. . . O. -,F Description 5/1/2024 Common Line Condition Created new condition requiring common line to be staked 5/6/2024 Garage Permit Online Applicants may now apply for garage permits through the portal. Must pick up in person for now. 5/24/2024 Common Line Inspection Added new inspection type for planners to inspect common line setbacks 5/28/2024 WRIA Case Made new case type to track WRIA forms under the planning program 6/12/2024 Portal Fees Fixed fees so they can be paid at the right time via the portal when allowed. 6/12/2024 Worflow descriptions Clarified the descriptions of the worflow statuses on the portal 6/12/2024 Revised submittal item Added new submittal item to house all revised submittals to streamline revisions 6/21/2024 Acknowledgements Added legal acknowledgements and condition agreements to all online permits other than EH permits. 6/26/2024 Combined mechanical and pl Combined the permits into one type so applicants can apply for 1 permit instead of 2 6/28/2024 Activated portal fees Can now pay through the portal for 4 more permits 6/28/2024 Minor fixes Fixed other minor issues such as inspections and detail questions 6/28/2024 Mitigation contingency condi Added a condition for mitigation contingencies 6/28/2024 County road question 0 Added question asking if connection to a private road to help coordinate with road access permits 7/1/2024 Portal Submittals More clear post submission text on insufficient submittal items 7/1/2024 Main note flood disclaimer Added disclaimer to contact PAC if in the flood zone This report covers the period from 0410312024-0710112024 . .. Date Noted Topic Description 5/8/2024 Complete Apps Training Provide training to permit techs on proper procedures for accepting apps and marking incompete in SG 5/14/2024 Submittal Links Create section on website for Submittal Requirements and Examples 5/22/2024 Build Pre and Final MH Continue discussing usefulness of building pre-inspections and how to properly do title eliminations 4/30/2024 Sched Inspection Workshop text.Make more concise and clear. 5/10/2024 Inspection Card Clean up Try to clean up card so shows better. 4/1/2024 Septic condition Add disclaimer condition 4/1/2024 Inspection Report Will BLD be using the report feature to email results out?Josh looking over 4/30/2024 Address screen Check to make sure wording is right and concise;may not be needed for all permits 6/17/2024 Parcel Notes Notes on the parcel show in the portal regardless of end dates AND regardless of private or public. 5/17/2024 Approved Submittals The version status of submittals shows as"approved"even though we have it in the system as"Reviewed" 4/30/2024 Action Checklists Check in with EH and BLD to see if it is useful 10/11/2023 Inspections Reason Why requested and required?Josh L doesn't know.Ask Nikita 10/13/2023 Conditions Fine tune issuing and signing conditions through portal. 2/7/2024 Inspection Date Sched Auto pops scheduled date when doing results.Turn off? 4/30/2024 Pass with notes M Add new inspection status? 1/24/2024 Inspections Clean up inspections list.List should be okay,make sure status is good 4/30/2024 PAR Notes Check how those show on portal 12/28/2023 SEW Create 4/30/2024 Receipts Check where are these in the portal 4/30/2024 Inspection card Do directions auto pop from details?Add gate code section? 4/30/2024 EH Report Help fix adhoc report;populate their contact and make sure displaying right.Testing with BLD letter. Set up so final inspection cannot be done until all others have passed.See if possible to prevent requests for inspections when 10/4/2023 Inspections others haven't passed 10/4/2023 PLN Inspection Make a general PLN inspection;maybe add a different one for code enf too under permit module 6/13/2023 Main Page Status Clean up needed 2/7/2024 Licensing Look into annual license for fire stuff and EH stuff 12/2/2021 SEPA DNS SEPA DNS form updated.Partially done,word doc location still to be updated This report covers the period from 0410312024-0710112024 STATISTICS Category Number Total Permit Types (DCD) 68 Online Permits 17 Fully Updated Permits 45 Permits Pending Final Edits 8 Permits Requiring Full Review 16 This report covers the period from 0410312024-0710112024 Year Month Average Days to Issuance 2022 JAN 120 2022 FEB 104 2022 MAR 134 2022 APR 118 2022 MAY 96 Average Days to Issuance 2022 JUN 154 180 2022 JUL 84 2022 AUG 80 160 2022 SEP 110 140 2022 OCT 109 2022 NOV 108 120 2022 DEC 95 100 2023 JAN 98 2023 FEB 80 80 2023 MAR 78 60 2023 APR 97 2023 MAY 94 40 2023 JUN 48 2023 JUL 44 zo 2023 AUG 44 0 2023 SEP 56 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAYJUNE 2023 OCT 33 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2024 2024 2024 2024 2024 2024 2023 NOV 52 2023 DEC 38 2024 JAN 43 2024 FEB 43 2024 MAR 39 2024 APR 36 2024 MAY 36 2024 JUNE 35 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen,DCD Ext.286 Department: Community Development Briefing: 0 Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 8,2024 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• DCD has an open position in the building department and plans to fill for code enforcement. Background/Executive Summary: DCD has not had a designated code enforcement staff in the building department for nearly two years, this open position will fill that. Budget Impact None. Public Outreach Posting job position using NeoGov. Requested Action: Discussion only. Attachments None Briefing July 8, 2024 Briefing Items → Jail Re-entry Program – David Windom → Kroger Opioid Settlement – David Windom → Opioid Settlement Authorized Uses – David Windom → Mobile Outreach Unit – David Windom → Consolidated Homeless Grant Contract Amendments – Melissa Casey C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Dave Windom Ext.260 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 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• Jail Re-entry Program Background/Executive Summary: The Reentry Demonstration Initiative(Reentry Initiative) is a new Apple Health(Medicaid)iniative under the Medicaid Transformation Project(MTP). It provides essential,pre-release services for individuals leaving incarceration. Under this initiative, incarcerated individuals who are Apple Health- eligible will receive a set of services up to 90 days before their release. These services will ensure a person's health and successful reentry to their community. The Health Care Authority(HCA)invites carceral(incarceration) facilities to participate in this initiative. Budget Impact(amount,funding source,budget amendment): Adds $2,250,000. Public Outreach (news release,community meeting,etc.): Briefing and Action Agenda. Requested Action: Approve. Attachments• Contract Washington State INTERAGENCY AGREEMENT HCA Contract Number: K7845 g for Contractor Contract Number: Health Carekuthority Reentry Demonstration Initiative Project THIS AGREEMENT is made by and between Washington State Health Care Authority (HCA) and Mason County Jail (Contractor), pursuant to the authority granted by Chapter 39.34 RCW. CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Mason County Jail CONTRACTOR ADDRESS Street Citv State Zip Code 322 N 3rd St Shelton WA 98584 CONTRACTOR CONTRACT MANAGER CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS David Windom 360-427-9670 ext. 260 dwindom@masoncountywa.gov HCA PROGRAM HCA DIVISION/SECTION Medicaid Reentry Demonstration Initiative Project 1070/OMT HCA CONTRACT MANAGER NAME AND TITLE HCA CONTRACT MANAGER ADDRESS Emma Oppenheim, Medicaid Transformation Project Director Health Care Authority 626 8th Avenue SE Olympia, WA 98504 HCA CONTRACT MANAGER TELEPHONE HCA CONTRACT MANAGER E-MAIL ADDRESS (360) 725-0868 emma.oppenheim@hca.wa.gov CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2024 July 31, 2028 $2,250,000.00 PURPOSE OF CONTRACT: To provide essential services for individuals while in or leaving a carceral facility (i.e., state prison, county/city jail, or youth correctional facility). The parties signing below warrant that they have read and understand this Contract, have authority to execute this Contract. This Contract will only be binding upon signature by both parties. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail (electronic mail) transmission of a signed copy of this contract shall be the same as delivery of an original. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE HCA SIGNATURE PRINTED NAME AND TITLE DATE Washington State Page 1 of 24 HCA IAA K7845 Health Care Authority 1. DEFINITIONS "Accountable Community of Health" or "ACH" means a regional coalition consisting of leaders from a variety of different sectors working together to build capacity to work collaboratively, develop regional health improvement plans, jointly implement or advance local health projects, and advise state agencies on how best to address health needs within its region. "Authorized Representative" means a person to whom signature authority has been delegated in writing acting within the limits of the person's authority. "Capacity Building Application" means a formal application for specific capacity building funds and specifications of how these funds will be spent by facilities on IT and non-IT needs. It also includes a detailed plan of how the work will be implemented. "Centers for Medicare and Medicaid Services" or "CMS" means the federal office under the Secretary of the United States Department of Health and Human Services, responsible for the Medicare and Medicaid programs. "Confidential Information" means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, HCA source code or object code, or HCA or State security information. "Contract" or "Agreement" means the entire written agreement between HCA and the contractor, including any exhibits, documents, or materials incorporated by reference. Contract and Agreement may be used interchangeably. "Contractor" means Mason County Jail, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Agreement. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Agreement. "Data" means information disclosed, exchanged or used by Contractor in meeting requirements under this Agreement. Data may also include Confidential Information as defined in this Contract. Financial Executor Portal" or "FE Portal" means the payment portal where incentive funds flow from federal Center for Medicare and Medicaid Services through the Delivery System Reform Incentive Payment program. "Health Care Authority" or "HCA" means the Washington State Health Care Authority, any division, section, office, unit or other entity of HCA, or any of the officers or other officials lawfully representing HCA. "Health-Related Social Needs" or "HRSN" means the social and economic needs that individuals experience that affect their ability to maintain their health and well-being. These include needs such as Washington State Page 2 of 24 HCA IAA K7845 Health Care Authority employment, affordable and stable housing, healthy food, personal safety, transportation, and affordable utilities. "Implementation Plan" means how the Contractor describes how the facility will support pre-release services, as outlined in the Statement of Work Attachment 1; #3. "Interim and Final Progress Report" means a report that includes information on both the initial progress and the outcomes of the Reentry Demonstration Initiative Opportunity (Initiative). "Information and Communication Technology" or "ICT" means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples include computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; websites; videos; and electronic documents. "Letter of Intent" means a document that provides specific facility information and is a commitment to participate in the Initiative. "Readiness Assessment" means a framework for assessing a Contractor's ability to go-live or fully participate in the Initiative and will include an attestation that the facility has met all of the requirements. "Reentry" means a broadly defined demonstration population that includes otherwise eligible, soon-to- be former incarcerated individuals as defined by the Reentry Section 1115 Demonstration Intitiative Opportunity. It can include both pre-release and post-release services. "Services" means all work performed or provided by Contractor pursuant to this Contract. "Statement of Work" or "SOW" means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is included as Attachment 1. "Subcontractor" means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Agreement under a separate contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier. "Subrecipient" shall have the meaning given in 45 C.F.R. 75.2, or any successor or replacement to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or replacement to such definition, for any other federal award. "Third Party Administrator" or "TPA" is an entity that may provide implementation and administrative support to carceral facilities in support of reentry. 2. STATEMENT OF WORK Contractor will furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of work set forth in Attachment 1. Washington State Page 3 of 24 HCA IAA K7845 Health Care Authority 3. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Contract will commence on date of last signature, and continue through July 31, 2028, unless terminated sooner or extended upon written agreement between the parties. 4. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. Compensation for services will be based in accordance with the following terms set forth in the Statement of Work, Attachment 1. 5. PAYMENT PROCESS 5.1. HCA will pay the Contractor for the targeted milestones set forth in Attachment 1: Statement of Work. 5.2. The milestone deliverables must be submitted per the instructions set forth in the Attachment 1: Statement of Work and must describe and document to HCA's satisfaction the required information. All milestone deliverable submissions will be reviewed and must be approved by the Contract Manager or designee prior to payment. 5.3. Once Contractor's submission of milestone deliverables have been accepted and approved by HCA, payments will distributed by HCA through the Financial Executor(FE) Portal at https://wafinancialexecutor.com/. 5.4. FE Portal customer service telephone number is (844) 300-5040 or accessible by email at WA—FE—FinancialServices@pcgus.com. 5.5. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly completed invoices. 5.6. Upon expiration or termination any claims for payment for costs due and payable under this Agreement that are incurred prior to the expiration date must be submitted by Contractor within sixty (60) calendar days after the expiration date. There will be no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the expiration date ("Belated Claims"). Belated Claims will be paid at HCA's sole discretion, and any such potential payment is contingent upon the availability of funds. 6. ACCESSIBILITY 6.1. REQUIREMENTS AND STANDARDS. Each information and communication technology(ICT) product or service furnished under this Contract shall be accessible to and usable by individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and other applicable Federal and State laws and policies, including OCIO Policy 188, et seq. For purposes of this clause, Contractor shall be considered in compliance with the ADA and other applicable Federal and State laws if it satisfies the requirements (including exceptions) specified in the Washington State Page 4 of 24 HCA IAA K7845 Health Care Authority regulations implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG)2.1 Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria. 6.2. DOCUMENTATION. Contractor shall maintain and retain, subject to review by HCA, full documentation of the measures taken to ensure compliance with the applicable requirements and functional performance criteria, including records of any testing or simulations conducted. 6.3. REMEDIATION. If the Contractor claims that its products or services satisfy the applicable requirements and standards specified in this Section and it is later determined by HCA that any furnished product or service is not in compliance with such requirements and standards, HCA will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional cost to HCA, repair or replace the non-compliant products or services within the period specified by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel the contract, delivery, task order, or work order, or purchase line item without termination liabilities or have any necessary changes made or repairs performed by employees of HCA or by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby. 6.4. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim arising out of failure to comply with the aforesaid requirements. 7. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments are not binding unless they are in writing and signed by an Authorized Representative of each party. 8. SUBCONTRACTING Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this Agreement without obtaining HCA's prior written approval. HCA shall have no responsibility for any action of any such Subcontractors. 9. SUBRECIPIENT If the Contractor is a subrecipient (as defined in 45 C.F.R. 75.2 and 2 C.F.R. 200.93) of federal awards, then the Contractor shall: 9.1. Comply with 2 C.F.R. 200.501 and 45 C.F.R. 75.501; and 9.2. Overpayments: If it is determined by HCA, or during the course of a required audit, that Contractor has been paid unallowable costs under this or any program agreement, Contractor will refund the full amount to HCA. In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, HCA will provide written notice to Contractor and Contractor will refund the full amount to HCA within thirty (30)calendar days of the notice. If the Contractor disagrees with HCA's actions under this section, then it may invoke the dispute resolution provisions of Section 13, Disputes. Washington State Page 5 of 24 HCA IAA K7845 Health Care Authority 10. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent will not be unreasonably withheld. 11. CONTRACT MANAGEMENT The Contract Manager for each of the parties, named on the face of this Contract, will be responsible for and will be the contact person for all communications and billings regarding the performance of this Agreement. Either party must notify the other party within thirty (30) days of change of Contract Management. Changes in Contract Management shall require an amendment. 12. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 13. DISPUTES In the event that a dispute arises under this Agreement, it will be determined by a dispute board in the following manner: Each party to this Agreement will appoint one member to the dispute board. The members so appointed will jointly appoint an additional member to the dispute board. The dispute board will review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The dispute board will thereafter decide the dispute with the majority prevailing. The determination of the dispute board will be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 14. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement will be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: A. Applicable Federal and State of Washington statutes and regulations; B. Attachment 2: Federal Compliance Certifications and Assurances; C. Attachment 1: Statement of Work; D. Exhibit A: Centers of Medicare & Medicaid Services, Special Terms and Conditions; and E. Any other provisions of the agreement, including materials incorporated by reference. Washington State Page 6 of 24 HCA IAA K7845 Health Care Authority 15. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement will not be considered for any purpose to be employees or agents of the other party. 16. RECORDS MAINTENANCE 16.1. The parties to this Agreement will each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records will be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties will have full access and the right to examine any of these materials during this period. 16.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 17. TREATMENT OF ASSETS 17.1. Ownership HCA shall retain title to all property furnished by HCA to Contractor under this contract. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to reimbursement as a direct item of cost under this contract, excluding intellectual property provided by the Contractor, shall pass to and vest in HCA upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in HCA upon (i) issuance for use of such property in the performance of this Contract, (ii) commencement of use of such property in the performance of this Contract, or(iii) reimbursement of the cost thereof by HCA, in whole or in part, whichever occurs first. 17.2. Use of Property Any property furnished to Contractor shall, unless otherwise provided herein, or approved in writing by the HCA Contract Manager, be used only for the performance of and subject to the terms of this Contract. Contractor's use of the equipment shall be subject to HCA's security, administrative and other requirements. 17.3. Damage to Property Washington State Page 7 of 24 HCA IAA K7845 Health Care Authority Contractor shall continuously protect and be responsible for any loss, destruction, or damage to property which results from or is caused by Contractor's acts or omissions. Contractor shall be liable to HCA for costs of repair or replacement for property or equipment that has been lost, destroyed or damaged by Contractor or Contractor's employees, agents or subcontractors. Cost of replacement shall be the current market value of the property and equipment on the date of the loss as determined by HCA. 17.4. Notice of Damage Upon the loss of, destruction of, or damage to any of the property, Contractor shall notify the HCA Contract Manager thereof within one (1) Business Day and shall take all reasonable steps to protect that property from further damage. 17.5. Surrender of Property Contractor will ensure that the property will be returned to HCA in like condition to that in which it was furnished to Contractor, reasonable wear and tear excepted. Contractor shall surrender to HCA all property upon the earlier of expiration or termination of this Contract. 18. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement will be "works for hire" as defined by the U.S. Copyright Act of 1976 and will be owned by HCA. Data will include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. 19. CONFIDENTIALITY Each party agrees not to divulge, publish or otherwise make known to unauthorized persons Confidential Information accessed under this Agreement. Contractor agrees that all materials containing Confidential Information received pursuant to this Agreement, including, but not limited to information derived from or containing patient records, claimant file and medical case management report information, relations with HCA's clients and its employees, and any other information which may be classified as confidential, shall not be disclosed to other persons without HCA's written consent except as may be required by law. 20. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference will be held invalid, such invalidity will not affect the other provisions of this Agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 21. FUNDING AVAILABILITY Washington State Page 8 of 24 HCA IAA K7845 Health Care Authority HCA's ability to make payments is contingent on funding availability. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, HCA, at its sole discretion, may elect to terminate the Agreement, in whole or part, or to renegotiate the Agreement subject to new funding limitations and conditions. HCA may also elect to suspend performance of the Agreement until HCA determines the funding insufficiency is resolved. HCA may exercise any of these options with no notification restrictions. 22. TERMINATION Either party may terminate this Agreement upon 30-days' prior written notification to the other party. If this Agreement is so terminated, the parties will be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 23. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 30 days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 24. WAIVER A failure by either party to exercise its rights under this Agreement will not preclude that party from subsequent exercise of such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an Authorized Representative of the party and attached to the original Agreement. 25. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. 26. SURVIVORSHIP The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, expiration or termination of this Agreement shall so survive. In addition, the terms of the sections titled Rights in Data, Confidentiality, Disputes and Records Maintenance shall survive the termination of this Agreement. Washington State Page 9 of 24 HCA IAA K7845 Health Care Authority Attachments Attachment 1: Statement of Work Attachment 2: Federal Compliance, Certifications and Assurances Exhibit A: Centers of Medicare & Medicaid Services, special terms and conditions Washington State Page 10 of 24 HCA IAA K7845 Health Care Authority ATTACHMENT 1: STATEMENT OF WORK The Contractor will provide the services and staff, and otherwise do all things necessary for, or incidental to, the performance of work, as described in this Schedule. 1. Background In June 2023, the Health Care Authority (HCA) received federal approval for a Medicaid waiver demonstration that includes the Initiative. This new Initiative under the Medicaid Transformation Project (MTP) renewal known as the MTP 2.0. was approved by the federal Centers for Medicare and Medicaid Services (CMS) to provide essential services for individuals leaving a state prison, county/city jail, or youth correctional facility. The Initiative will support the delivery of targeted pre-release services to Medicaid eligible adults and youth in state prisons, jails, and youth carceral facilities that will be reimbursed by the Medicaid program known as Apple Health in Washington State. 2. Purpose The purpose of this project is to prepare people for a successful transition and reentry into their community and help them live their healthiest life, improve health outcomes and reducing rates of recidivism (re-offense), emergency department visits, substance use and death. To stabilize and treat common conditions both prior and post release, so the opportunity for a successful reentry is increased. 3. Project Objectives Targeted Pre-Release Services. The first three services listed below will be mandatory for facilities to implement. The last four services are optional. Contractor must support the implementation of a targeted set of pre-release services, as described in the Special Terms and Conditions (STC) of MTP 2.0 and the Reentry Implementation Plan approved by CMS: a. Case management b. Medications for alcohol and opioid use disorder c. 30-day supply of medications and medical supplies at release d. Medications during the pre-release period e. Lab and radiology f. Services by community health workers with lived experience g. Physical and behavioral clinical consultations As appropriate, a third-party administrator (TPA) as well as regional Accountable Communities of Health (ACH) may assist the Contractor in the planning and implementation of these services, including the delivery of appropriate Health Related Social Needs (HRSN), and the milestones in Section 4. Additionally, HCA will collaborate with facilities on solutions for electronic health record (EHR) systems and systems that bill for Medicaid services. Activities for implementing reentry services must include: a. Communicating with HCA regarding Initiative implementation b. Meeting cohort milestones as described below. c. Ensuring that a client receives targeted pre-release services and when feasible, providing HRSN services for clients reentering a community. Washington State 11 HCA Contract#K7845 Health Care Authority d. An ability to support communication with community providers and Medicaid billing. 4. Milestones The Contractor will develop and implement the following deliverables that execute the Project Objectives. The Contractor will provide services and deliverables to perform all activities necessary for or incidental to the performance of work as set forth under this SOW and described in the Waiver to achieve progress on the following milestones. Milestone 1 — Letter of Intent Following the receipt of a Letter of Intent documentation and approval by HCA, Contractor must meet the specifications outlined in the template provided to the Contractor as determined by HCA for each of the following four milestones in order to receive funding and participate in the next milestone. Milestone 2 - Complete a Capacity Building Application The Capacity Building Application includes an Implementation Plan and a detailed budget. The Implementation plan must describe how the facility will support pre-release services. The detailed budget will represent a facility's formal application for capacity building funds and will specify how capacity building funds will be spent by facilities on IT and non-IT needs. Facilities in Cohorts 1 and 2 that identify the need for additional time to complete a Capacity Building Application may implement after the go live date of that cohort or join a subsequent cohort and complete milestones in-line with the deadlines for these cohorts. Milestone 3 - Complete a Readiness Assessment The Readiness Assessment report must include a framework for assessing facility readiness to go-live as part of the Initiative and will include an attestation that the facility is ready to go-live. HCA will provide a template for the assessment and will review submitted assessments and determine facility readiness prior to the go-live date for each facility. Milestone 4 - Submit Interim Progress Report The Contractor will be required to submit an Interim Progress Report to HCA with information on the initial implementation of the Initiative. HCA will provide a template for the Interim Progress Report and will review and approve submitted progress reports. Milestone 5— Submit Final Progress Report The Contractor will be required to submit a Final Progress Report to HCA with information on the overall implementation progress of the Initiative and outcomes for clients. HCA will provide a template for the Final Progress Report and will review and approve submitted progress reports. Milestones deadlines will be based upon the cohort a Facility participates in. Milestone deadlines for Cohort 1 are as follows: W ss - b services .. .. .. .. Cohort 1 1 June 1, 2024 I Oct 1, 2024 I Mar 1, 2025 July 1, 2025 May 1, 2026 Oct 1, 2026 5. HCA Responsibilities Washington State 12 HCA Contract#K7845 Health Care Authority HCA will provide IT infrastructure funding through the Capacity Building Program. If needed, HCA will collaborate with facilities on solutions for electronic health record (EHR) systems and systems that bill for Medicaid services. HCA is soliciting for TPA to provide administrative support possibly starting as early as Q1 2025. The administrative support may include but may not be limited to assisting clients with Medicaid eligibility screening and application, supporting providers to become enrolled as a Medicaid provider, and serving as a claim clearinghouse that helps facilities and providers prepare and submit claims. 6. Capacity Building Program Funding Contractors that complete Milestone 2 — Capacity Building Application, HCA will provide capacity building funding to facilities to support the planning for and implementation of the Demonstration. Eligible uses of the funding are available in Appendix A, and include the following activities: a. IT infrastructure funding to support systems changes for data exchange, access to virtual health services, and other IT needs. b. Reentry planning and implementation funding to support planning expenses, such as the development of process changes, protocols, and procedures for implementation and hiring and training of staff. Maximum funding for reentry planning and implementation will vary by facility size, based on their average daily population for the period of time specified in the Contractor's Letter of Intent response. The table below delineates the maximum funding amounts for Tier 2 facilities. The maximum IT infrastructure funding will be $1 million for each participating facility. Facility tier Total capacity�� Total IT Total funding (based on average daily building funding infrastructure per facility .•. • per • • facilityper Tier 2 (50 —249) $1,250,000 $1,000,000 $2,250,000 7. Milestone Deliverables Compensation Table HCA will assess Contractor's progress towards achieving the Initiative goals based on achievement of specific milestones and measured by these milestones. Distribution of Capacity Building funding to Contractor is based on a Contractor's tier as described below and is contingent upon their completion of the implementation milestones described below. Milestones will be developed by the State in consultation with stakeholders and members of the public and approved by CMS. Generally, progress milestones will be organized into the following categories: Milestones I Funding IT Funding Timing for Cohort 1 Planning Milestones Before Go-Live with Pre-Release Services 1) Letter of Intent 10% of total RPP funding N/A Due Date June 1, 2024 Submission upon submission: Funding Paid: July 2024 Tier 2: $125,000 Washington State 13 HCA Contract#K7845 Health Care Authority 2) Capacity Building Up to 40% of total RPP Up to Due Date: October 1, Application funding upon approval: $500,000 2024 Submission Tier 2: Up to $500,000 upon Funding Paid: December approval of 1, 2024 the Application 3) Readiness Up to 40% of total RPP Up to Due Date: March 1, 2025 Assessment funding upon approval: $500,000 Funding Paid: July 1, Submission and Tier 2: Up to $500,000 upon 2025 Approval approval of the Readiness Assessment Implementation Milestones After Go-Live with Pre-Release Services 4) Interim Progress Up to 5% of total RPP funding N/A Due Date: May 1, 2026 Report Submission upon submission: Funding Paid: July 1, Tier 2: Up to $62,500 2026 5) Final Progress Up to 5% of total RPP funding N/A Due Date: November 1, Report Submission upon submission: 2026 Tier 2: Up to $62,500 Funding Paid: January 1, 2027 Participating in the Evaluation Contractor will support the Evaluation of the Initiative. HCA contracted with an independent evaluator to evaluate the Waiver. The evaluator will use claims data from pre-release services to assess the effectiveness of this Initiative. The evaluator stores and analyzes the data in a secure environment. Facilities that participate are consenting to the use of this claims data for evaluation. Facility staff may also be asked to participate in qualitative interviews performed by the independent evaluator regarding their experience participating in the Initiative, to inform the evaluation. Washington State 14 HCA Contract#K7845 Health Care Authority Appendix A: Eligible Uses of Capacity Building Funding Eligible uses of capacity building funds • Development of protocols and procedures. ■ Expenditures to support the preparation/execution of policies and procedures related to enrollment and suspension/unsuspension and pre- and post-release reentry navigation services. • Additional activities to promote collaboration. ■ Expenditures for additional activities that will advance collaboration among stakeholders. This may include conferences and meetings convened with the agencies, organizations, and stakeholders involved in the initiative. • Expenditures for planning to focus on developing processes and information sharing protocols to: ■ Identify uninsured individuals who are potentially eligible for Medicaid/ Children's Health Insurance Program (CHIP). • Assist with the completion of an application. • Submit an application to the county social services department for coordinating suspension/unsuspension. • Screen for eligibility for pre-release services and reentry planning in a period for up to 90 days immediately prior to the expected date of release. • Deliver necessary services to eligible individuals in a period for up to 90 days immediately prior to the expected date of release and care coordination to support reentry. • Establish ongoing oversight and monitoring process upon implementation. • Hiring of staff and training to: ■ Assist with the coordination of enroll ment/suspension/unsuspension. ■ Provide reentry navigation services during the 90-day pre-release period, and to support reentry. ■ Provide overall guidance on how to work with justice-involved individuals effectively and appropriately. ■ Support an environment appropriate for provision of 90-day pre-release services. ■ Accommodations for private space, such as correctional facility-grade moveable screen walls, desks, and chairs to conduct assessments and interviews within carceral settings. Eligible uses of IT infrastructure funding • Electronic interfaces for prisons, jails, and youth facilities to support enrollment/suspension. • Enhancements to existing IT systems to create and improve data-exchange to support reentry navigation services in the 90-day pre-release and post-release period. Washington State 15 HCA Contract#K7845 Health Care Authority • Adoption of system upgrades to ensure compatibility with Epic's data sharing platform. Any additional expenses related to upgrades—including the billing module or new platforms—not covered by Health Care Management and Coordination System (HCMACS) which will likely not be available until mid- 2025. • Installation of audio-visual equipment or other technology to support provision of pre-release services delivered via telehealth in a period for up to 90 days immediately prior to the expected date of release and care coordination to support reentry. Washington State 16 HCA Contract#K7845 Health Care Authority ATTACHMENT 2: FEDERAL COMPLIANCE, CERTIFICATIONS AND ASSURANCES I. FEDERAL COMPLIANCE -The use of federal funds requires additional compliance and control mechanisms to be in place. The following represents the majority of compliance elements that may apply to any federal funds provided under this contract. For clarification regarding any of these elements or details specific to the federal funds in this contract, contact: HCA DBHR Contract Manager. a. Source of Funds: This Contract is being funded through Washingtons State's five-year Medicaid Transformation Project 2.0 approved under section 1115(a)of the federal Social Security Act by the Center for Medicare and Medicaid Service (CMS) on June 30, 2023, No. 11-W-00304/0 and 21-W-00071/0. b. Period of Availability of Funds: Funds will become available to Contractor or Subrecipient commencing on the date of final signature of the Contract to which is attached and continuing through June 30, 2028. c. Single Audit Act:This section applies to subrecipients only. Subrecipient(including private, for-profit hospitals and non-profit institutions) shall adhere to the federal Office of Management and Budget(OMB) Super Circular 2 CFR 200.501 and 45 CFR 75.501. A Subrecipient who expends $750,000 or more in federal awards during a given fiscal year shall have a single or program-specific audit for that year in accordance with the provisions of OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501. d. Modifications:This Contract may not be modified or amended, nor may any term or provision be waived or discharged, including this particular Paragraph, except in writing, signed upon by both parties. 1) Examples of items requiring Health Care Authority prior written approval include, but are not limited to, the following: i. Deviations from the budget and Project plan. ii. Change in scope or objective of the Contract. iii. Change in a key person specified in the Contract. iv. The absence for more than one (1) months or a 25% reduction in time by the Project Manager/Director. V. Need for additional funding. vi. Inclusion of costs that require prior approvals as outlined in the appropriate cost principles. vii. Any changes in budget line item(s) of greater than twenty percent (20%) of the total budget in this Contract. 2) No changes are to be implemented by the Sub-awardee until a written notice of approval is received from the Health Care Authority. e. Sub-Contracting:The Contractor or Subrecipient shall not enter into a sub-contract for any of the work performed under this Contract without obtaining the prior written approval of the Health Care Authority. If sub-contractors are approved by the Health Care Authority, the subcontract, shall contain, at a minimum, sections of the Contract pertaining to Debarred and Suspended Vendors, Lobbying certification, Audit requirements, and/or any other project Federal, state, and local requirements. f. Condition for Receipt of Health Care Authority Funds: Funds provided by Health Care Authority to the Contractor or Subrecipient under this Contract may not be used by the Washington State 17 HCA Contract#K7845 Health Care Authority Contractor or Subrecipient as a match or cost-sharing provision to secure other federal monies without prior written approval by the Health Care Authority. g. Unallowable Costs:The Contractor or Subrecipient's expenditures shall be subject to reduction for amounts included in any invoice or prior payment made which determined by HCA not to constitute allowable costs on the basis of audits, reviews, or monitoring of this Contract. h. Supplanting Compliance: SABG: If SABG funds support this Contract, the Block Grant will not be used to supplant State funding of alcohol and other drug prevention and treatment programs. (45 CFR section 96.123(a)(10)). i. Federal Compliance:The Contractor or Subrecipient shall comply with all applicable State and Federal statutes, laws, rules, and regulations in the performance of this Contract, whether included specifically in this Contract or not. j. Civil Rights and Non-Discrimination Obligations: During the performance of this Contract, the Contractor or Subrecipient shall comply with all current and future federal statutes relating to nondiscrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107), the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the Americans with Disability Act (42 U.S.C., Section 12101 et seq.) http://www.hhs.gov/ocr/civilrights. HCA Federal Compliance Contact Information Washington State Health Care Authority Post Office Box 42710 Olympia, Washington 98504-2710 II. CIRCULARS `COMPLIANCE MATRIX - The following compliance matrix identifies the OMB Circulars that contain the requirements which govern expenditure of federal funds. These requirements apply to the Washington State Health Care Authority (HCA), as the primary recipient of federal funds and then follow the funds to the sub-awardee, Mason County Jail. The federal Circulars which provide the applicable administrative requirements, cost principles and audit requirements are identified by sub-awardee organization type. OMB CIRCULAR ENTITY TYPE ADMINISTRATIVE COST AUDIT REQUIREMENTS REQUIREMENTS PRINCIPLES State. Local and Indian OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 Tribal Governments and Governmental Hospitals Non-Profit Organizations and Non- Profit Hospitals Colleges or Universities and Affiliated Hospitals For-Profit Organizations Washington State 18 HCA Contract#K7845 Health Care Authority III. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) Contracts administered by the Washington State Health Care Authority. a. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION : The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in Section 2 of this certification; and have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the Contractor or Subrecipient not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The contractor agrees by signing this contract that it will include, without modification, the clause above certification in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. b. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76 by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; Establishing an ongoing drug-free awareness program to inform employees about i. The dangers of drug abuse in the workplace; ii. The contractor's policy of maintaining a drug-free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 2. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (1) above; 3. Notifying the employee in the statement required by paragraph (1), above, that, as a condition of employment under the contract, the employee Will— i. Abide by the terms of the statement; and Washington State 19 HCA Contract#K7845 Health Care Authority ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction; 4. Notifying the agency in writing within ten calendar days after receiving notice under paragraph (111)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 5. Taking one of the following actions, within thirty (30) calendar days of receiving notice under paragraph (III) (b), with respect to any employee who is so convicted— i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 6. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (1) through (V). For purposes of paragraph (V) regarding agency notification of criminal drug convictions, Authority has designated the following central point for receipt of such notices: Legal Services Manager WA State Health Care Authority PO Box 42700 Olympia, WA 98504-2700 c. CERTIFICATION REGARDING LOBBYING: Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative Contracts from using Federal (appropriated)funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative Contract. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative Contract must disclose lobbying undertaken with non-Federal (non-appropriated)funds. These requirements apply to grants and cooperative Contracts EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization)certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Contract. Washington State 20 HCA Contract#K7845 Health Care Authority 2. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) 3. The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative Contracts) and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA): The undersigned (authorized official signing for the contracting organization)certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. e. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE: Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all sub- recipients shall certify accordingly. Washington State 21 HCA Contract#K7845 Health Care Authority The Public Health Services strongly encourages all recipients to provide a smoke-free workplace and promote the non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental health of the American people. f. CERTIFICATION REGARDING OTHER RESPONSIBILITY MATTERS 1. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 2. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 3. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. 5. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by Authority. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, HCA may terminate this transaction for cause or default. Washington State 22 HCA Contract#K7845 Health Care Authority CONTRACTOR SIGNATURE REQUIRED SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL: TITLE: PLEASE ALSO PRINT OR TYPE NAME: ORGANIZATION NAME: (if applicable) DATE: Washington State 23 HCA Contract#K7845 Health Care Authority EXHIBIT A: CENTERS OF MEDICARE & MEDICAID SERVICES, SPECIAL TERMS AND CONDITIONS The Special Terms and Conditions portion of the MTP 2.0 Waiver is an integral part of this Contract and is incorporated herein by this reference and is not attached but is available upon request from the HCA Contract Manager. Washington State 24 HCA Contract#K7845 Health Care Authority C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Dave Windom Ext.260 Department: Public Health Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 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• Kroger Opioid Settlement. Background/Executive Summary: Mason County has the opportunity to apply to participate in the Kroger Opioid Settlement. A proposed nationwide settlement agreement("Settlement")has been reached that would resolve the legal claims of states and local political subdivisions against regional supermarket pharmacy Kroger Co.related to alleged misconduct related to opioids. The Settlement requires Kroger Co.to pay of a billion dollars to abate the opioid epidemic. Of this amount,approximately$1.2 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions,the Settlement requires payments over eleven years after its effective date. Budget Impact(amount, funding source,budget amendment): Known when allocations have been determined. Public Outreach(news release,community meeting,etc.): Briefing. Requested Action: Approve. Attachments: Exhibit K Subdivision Participation and Release Form,WA State Allocation Agreement Governing the Allocation of Opioid Settlement Funds Paid by Kroger. EXHIBIT K Subdivision Participation and Release Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 ("Kroger Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Kroger Settlement,understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form,the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in,the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel K-1 as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement. 7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement,including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency,person,or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement. 10. In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives,releases,and forever discharges any and all provisions,rights,and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that,if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes,or assumes to be true with respect to the Released Claims,but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Kroger Settlement. K-2 11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature: Name: Title: Date: K-3 WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE ALLOCATION OF OPIOID SETTLEMENT FUNDS PAID BY KROGER JUNE 28, 2024 This Washington State Allocation Agreement Governing the Allocation of Opioid Settlement Funds Paid by Kroger(the "Allocation Agreement III") governs the distribution of funds obtained from the Kroger Co. ("Kroger") in connection with the resolution of any and all claims by the State of Washington and the counties, cities, and towns in Washington State ("Local Governments") against Kroger via the Kroger Settlement Agreement dated March 22, 2024 ("Settlement"). The Settlement can be accessed at https://nationalopioidsettlement.com/. The terms and definitions of the Settlement are incorporated into this Allocation Agreement III, and any undefined terms in this Allocation Agreement III are as defined in the Settlement. I. This Allocation Agreement III is intended to be a State-Subdivision Agreement as defined in the Settlement. This Allocation Agreement III shall be interpreted to be consistent with the requirements of a State-Subdivision Agreement in the Settlement. 2. This Allocation Agreement III shall become effective only if all of the following occur: A. The State of Washington joins the Settlement and becomes a Settling State as provided for in the Settlement. B. The Settlement becomes final and effective and a Consent Judgment is filed and approved as provided for in the Settlement. C. The number of Local Governments that execute and return this Allocation Agreement III satisfies the participation requirements for a State- Subdivision Agreement as specified in the Settlement. 3. Requirements to become a Participating Local Government. To become a Participating Local Government that can participate in this Allocation Agreement III, a Local Government must do all of the following: A. The Local Government must execute and return this Allocation Agreement III. B. The Local Government must release its claims against Kroger identified in the Settlement and agree to be bound by the terms of the Settlement by timely executing and returning the Participation Form, which is Exhibit K of the Settlement. C. Litigating Subdivisions, also referred to as Litigating Local Governments, must dismiss Kroger with prejudice from their lawsuits. 1 D. Each of the Local Governments that is eligible to participate in this Allocation Agreement III has previously executed and signed the One Washington Memorandum of Understanding Between Washington Municipalities ("MOU") agreed to by the Participating Local Governments in Washington State,which is attached hereto as Exhibit 1. By executing this Allocation Agreement III, the local government agrees and affirms that the MOU applies to and shall govern the Local Government Share as modified by this Allocation Agreement III for the Settlement. A Local Government that meets all of the conditions in this paragraph shall be deemed a"Participating Local Government." 4. This Allocation Agreement III applies to the State of Washington's allocation of the (1) Adjusted State Remediation Payment and(2)Additional Remediation Amount, which collectively shall be referred to as the "Washington Abatement Amount."As specified in the Settlement, the Washington Abatement Amount will vary dependent on the percentage of Participating Local Governments and whether there are any Later Litigating Subdivisions. 5. This Allocation Agreement III does not apply to the State Cost Fund, State AG Fees and Costs, or any attorneys' fees, fees, costs, or expenses referred to in the Settlement or that are paid directly or indirectly via the Settlement to the State of Washington("State's Fees and Costs"). 6. This Allocation Agreement III and the MOU are a State Back-Stop Agreement. Kroger is paying a portion of the Local Governments' attorneys' fees and costs as provided for in the Settlement. The total contingent fees an attorney receives from the Contingency Fee Fund in the Settlement, the MOU, and this Allocation Agreement III combined cannot exceed 15% of the portion of the LG Share paid to the Litigating Local Government that retained that firm to litigate against the Settling Entities (i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Settlement, then the maximum that the firm can receive is $150,000 for fees as to the Kroger Settlement.) 7. No portion of the State's Fees and Costs and/or the State Share as defined in Paragraphs 5 and 9 of this Allocation Agreement III shall be used to fund the Government Fee Fund("GFF")referred to in Paragraph 11 of this Allocation Agreement III and Section D of the MOU, or in any other way to fund any Participating Local Government's attorneys' fees, costs, or common benefit tax. 8. The Washington Abatement Amount shall and must be used by the State and Participating Local Governments for future Opioid Remediation as defined in the Settlement, except as allowed by the Settlement. 2 9. The State and the Participating Local Governments agree to divide the Washington Abatement Amount as follows: A. Fifty percent(50%)to the State of Washington("State Share"). B. Fifty percent(50%)to the Participating Local Governments ("LG Share"). 10. The LG Share shall be distributed to Participating Local Governments pursuant to the MOU as amended and modified in this Allocation Agreement III. 11. For purposes of this Allocation Agreement III only, the MOU is modified as follows and any contrary provisions in the MOU are struck: A. Exhibit A of the MOU is replaced by Exhibit E of the Settlement. B. The definition of"Litigating Local Governments" in Section A.4 of the MOU shall mean Litigating Subdivisions as defined in the Settlement and shall also include any local government that notified Judge Polster in Case No. 1:17-and-02804-DAP of its intent to sue Kroger in 2023 after the release of updated ARCOS data. C. The definition of"National Settlement Agreement" in Section A.6 of the MOU shall mean the Settlement. D. The definition of"Settlement" in Section A.14 of the MOU shall mean the Settlement. E. The MOU is amended to add new Section C.4.g.vIII, which provides as follows: "If a Participating Local Government receiving a direct payment (a)uses Opioid Funds other than as provided for in the Settlement, (b) does not comply with conditions for receiving direct payments under the MOU, or(c) does not promptly submit necessary reporting and compliance information to its Regional Opioid Abatement Counsel ("Regional OAC") as defined at Section C.4.h of the MOU, then the Regional OAC may suspend direct payments to the Participating Local Government after notice, an opportunity to cure, and sufficient due process. If direct payments to Participating Local Government are suspended, the payments shall be treated as if the Participating Local Government is foregoing their allocation of Opioid Funds pursuant to Section C.4.d and C.4.j.IIIi of the MOU. In the event of a suspension, the Regional OAC shall give prompt notice to the suspended Participating Local Government and the Settlement Fund Administrator specifying the reasons for the suspension, the process for reinstatement, the factors that will be considered for reinstatement, and the due process that will be provided. A suspended Participating Local 3 Government may apply to the Regional OAC to be reinstated for direct payments no earlier than five years after the date of suspension." F. The amounts payable to each law firm representing a Litigating Local Government from the GFF shall be consistent with the MOU and the process set forth in the Order Appointing the Fee Panel to Allocate and Disburse Attorney's Fees Provided for in State Back-Stop Agreements, Case No. 1:17-and-02804-DAP Doc #: 4543 (June 17, 2022). All amounts that the City of Seattle has contributed to the GFF shall be returned to the City of Seattle by the Settlement Administrator rather than paid to Hagens Berman Sobol Shapiro LLP. G. The GFF set forth in the MOU shall be funded by the LG Share of the Washington Abatement Amount only. To the extent the common benefit tax is not already payable by the Settling Entities as contemplated by Section D.8 of the MOU, the GFF shall be used to pay Litigating Local Government contingency fee agreements and any common benefit tax referred to in Section D of the MOU, which shall be paid on a pro rata basis to eligible law firms as determined by the GFF Administrator. H. To fund the GFF, fifteen percent(15%) of the LG Share shall be deposited in the GFF from each LG Share settlement payment until the Litigating Subdivisions' contingency fee agreements and common benefit tax(if any) referred to in Section D of the MOU are satisfied. Under no circumstances will any Primary Subdivision or Litigating Local Government be required to contribute to the GFF more than 15% of the portion of the LG Share allocated to such Primary Subdivision or Litigating Local Government. In addition, under no circumstances will any portion of the LG Share allocated to a Litigating Local Government be used to pay the contingency fees or litigation expenses of counsel for some other Litigating Local Government. I. The maximum amount of any Litigating Local Government contingency fee agreement(from the Contingency Fee Fund of the Settlement)payable to a law firm permitted for compensation shall be fifteen percent(15%) of the portion of the LG Share paid to the Litigating Local Government that retained that firm(i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Settlement, then the maximum that the firm can receive is $150,000 for fees.) The firms also shall be paid documented expenses due under their contingency fee agreements that have been paid by the law firm attributable to that Litigating Local Government. Consistent with Agreement on Attorneys' Fees, Costs, and Expenses, which is Exhibit R of the Settlement, amounts due to Participating Litigating Subdivisions' attorneys under this Allocation Agreement III shall not impact(i) costs paid by the subdivisions to their attorneys pursuant to a State Back-Stop 4 agreement, (ii) fees paid to subdivision attorneys from the Common Benefit Fund for common benefit work performed by the attorneys pursuant to Exhibit R of the Settlement, or(iii) costs paid to subdivision attorneys from the MDL Expense Fund for expenses incurred by the attorneys pursuant to the Settlement. J. Under no circumstances may counsel receive more for its work on behalf of a Litigating Local Government than it would under its contingency agreement with that Litigating Local Government. To the extent a law firm was retained by a Litigating Local Government on a contingency fee agreement that provides for compensation at a rate that is less than fifteen percent (15%) of that Litigating Local Government's recovery, the maximum amount payable to that law firm referred to in Section D.3 of the MOU shall be the percentage set forth in that contingency fee agreement. K. For the avoidance of doubt,both payments from the GFF and the payment to the Participating Litigating Local Governments' attorneys from the Contingency Fee Fund in the Settlement shall be included when calculating whether the aforementioned fifteen percent(15%) maximum percentage (or less if the provisions of Paragraph 10.J of this Allocation Agreement III apply) of any Litigating Local Government contingency fee agreement referred to above has been met. L. To the extent there are any excess funds in the GFF,the Settlement Administrator shall facilitate the return of those funds to the Participating Local Governments as provided for in Section D.6 of the MOU. 12. In connection with the execution and administration of this Allocation Agreement III, the State and the Participating Local Governments agree to abide by the Public Records Act, RCW 42.56 et seq. 13. All Participating Local Governments, Regional OACs, and the State shall maintain all non-transitory records related to this Allocation Agreement III as well as the receipt and expenditure of the funds from the Settlement for no less than five (5) years. 14. If any party to this Allocation Agreement III believes that a Participating Local Government, Regional OAC, the State, an entity, or individual involved in the receipt, distribution, or administration of the funds from the Settlement has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters, with a copy of the complaint promptly sent to the Washington Attorney General, Complex Litigation Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104. 15. To the extent(i) a region utilizes a pre-existing regional body to establish its Opioid Abatement Council pursuant to the Section 4.h of the MOU, and(III)that 5 pre-existing regional body is subject to the requirements of the Community Behavioral Health Services Act, RCW 71.24 et seq., the State and the Participating Local Governments agree that the Opioid Funds paid by Kroger is subject to the requirements of the MOU and this Allocation Agreement III. 16. Upon request by Kroger, the Participating Local Governments must comply with the Tax Cooperation and Reporting provisions of the Settlement. 17. Venue for any legal action related to this Allocation Agreement III (separate and apart from the MOU or the Settlement) shall be in King County, Washington. 18. Each party represents that all procedures necessary to authorize such parry's execution of this Allocation Agreement III have been performed and that such person signing for such party has been authorized to execute this Allocation Agreement III. 6 FOR THE STATE OF WASHINGTON: ROBERT W. FERGUSON Attorney General JEFUZY eief U R Division Date: 7 FOR THE PARTICIPATING LOCAL GOVERNMENT: Name of Participating Local Government: Authorized signature: Name: Title: Date: 8 EXHIBIT 1 One Washington Memorandum of Understanding Between Washington Municipalities 9 ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON MUNICIPALITIES Whereas, the people of the State of Washington and its communities have been harmed by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense prescription opioids; Whereas, certain Local Governments, through their elected representatives and counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of prescription opioids accountable for the damage they have caused to the Local Governments; Whereas, Local Governments and elected officials share a common desire to abate and alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain throughout the State of Washington, and strive to ensure that principals of equity and equitable service delivery are factors considered in the allocation and use of Opioid Funds; and Whereas, certain Local Governments engaged in litigation and the other cities and counties in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities within the Pharmaceutical Supply Chain. Now therefore, the Local Governments enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described. A. Definitions As used in this MOU: 1. "Allocation Regions" are the same geographic areas as the existing nine (9)Washington State Accountable Community of Health(ACH) Regions and have the purpose described in Section C below. 2. "Approved Purpose(s)" shall mean the strategies specified and set forth in the Opioid Abatement Strategies attached as Exhibit A. 3. "Effective Date" shall mean the date on which a court of competent jurisdiction enters the first Settlement by order or consent decree. The Parties anticipate that more than one Settlement will be administered according to the terms of this MOU, but that the first entered Settlement will trigger allocation of Opioid Funds in accordance with Section B herein, and the formation of the Opioid Abatement Councils in Section C. 4. "Litigating Local Government(s)" shall mean Local Governments that filed suit against any Pharmaceutical Supply Chain Participant pertaining to the Opioid epidemic prior to September 1, 2020. 1 5. "Local Government(s)" shall mean all counties, cities, and towns within the geographic boundaries of the State of Washington. 6. "National Settlement Agreements"means the national opioid settlement agreements dated July 21, 2021 involving Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and directors named in the National Settlement Agreements, including all amendments thereto. 7. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 8. "Opioid Abatement Council" shall have the meaning described in Section C below. 9. "Participating Local Government(s)" shall mean all counties, cities, and towns within the geographic boundaries of the State that have chosen to sign on to this MOU. The Participating Local Governments may be referred to separately in this MOU as "Participating Counties" and"Participating Cities and Towns" (or"Participating Cities or Towns,"as appropriate) or"Parties." 10. "Pharmaceutical Supply Chain" shall mean the process and channels through which controlled substances are manufactured, marketed, promoted, distributed, and/or dispensed, including prescription opioids. 11. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, and/or dispensing of a prescription opioid, including any entity that has assisted in any of the above. 12. "Qualified Settlement Fund Account," or"QSF Account," shall mean an account set up as a qualified settlement fund, 468b fund, as authorized by Treasury Regulations 1.46813-1(c) (26 CFR §1.468B-1). 13. "Regional Agreements" shall mean the understanding reached by the Participating Local Counties and Cities within an Allocation Region governing the allocation, management, distribution of Opioid Funds within that Allocation Region. 14. "Settlement" shall mean the future negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the Participating Local Governments. "Settlement" expressly does not include a plan of reorganization confirmed under Title 11 of the United States Code, irrespective of the extent to which Participating Local Governments vote in favor of or otherwise support such plan of reorganization. 2 15. "Trustee" shall mean an independent trustee who shall be responsible for the ministerial task of releasing Opioid Funds from a QSF account to Participating Local Governments as authorized herein and accounting for all payments into or out of the trust. 16. The "Washington State Accountable Communities of Health" or "ACH" shall mean the nine (9)regions described in Section C below. B. Allocation of Settlement Proceeds for Approved Purposes 1. All Opioid Funds shall be held in a QSF and distributed by the Trustee, for the benefit of the Participating Local Governments, only in a manner consistent with this MOU. Distribution of Opioid Funds will be subject to the mechanisms for auditing and reporting set forth below to provide public accountability and transparency. 2. All Opioid Funds, regardless of allocation, shall be utilized pursuant to Approved Purposes as defined herein and set forth in Exhibit A. Compliance with this requirement shall be verified through reporting, as set out in this MOU. 3. The division of Opioid Funds shall first be allocated to Participating Counties based on the methodology utilized for the Negotiation Class in In Re:National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP. The allocation model uses three equally weighted factors: (1) the amount of opioids shipped to the county; (2)the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. The allocation percentages that result from application of this methodology are set forth in the "County Total" line item in Exhibit B. In the event any county does not participate in this MOU, that county's percentage share shall be reallocated proportionally amongst the Participating Counties by applying this same methodology to only the Participating Counties. 4. Allocation and distribution of Opioid Funds within each Participating County will be based on regional agreements as described in Section C. C. Regional Agreements 1. For the purpose of this MOU, the regional structure for decision- making related to opioid fund allocation will be based upon the nine (9) pre- defined Washington State Accountable Community of Health Regions (Allocation Regions). Reference to these pre-defined regions is solely for the purpose of 3 drawing geographic boundaries to facilitate regional agreements for use of Opioid Funds. The Allocation Regions are as follows: • King County (Single County Region) • Pierce County (Single County Region) • Olympic Community of Health Region (Clallam, Jefferson, and Kitsap Counties) • Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Thurston, and Wahkiakum Counties) • North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom Counties) • SouthWest Region (Clark, Klickitat, and Skamania Counties) • Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Walla Walla, Whitman, and Yakima Counties) • Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and Stevens Counties) • North Central Region(Chelan, Douglas, Grant, and Okanogan Counties) 2. Opioid Funds will be allocated, distributed and managed within each Allocation Region, as determined by its Regional Agreement as set forth below. If an Allocation Region does not have a Regional Agreement enumerated in this MOU, and does not subsequently adopt a Regional Agreement per Section C.5, the default mechanism for allocation, distribution and management of Opioid Funds described in Section CA.a will apply. Each Allocation Region must have an OAC whose composition and responsibilities shall be defined by Regional Agreement or as set forth in Section C.4. 3. King County's Regional Agreement is reflected in Exhibit C to this MOU. 4. All other Allocation Regions that have not specified a Regional Agreement for allocating, distributing and managing Opioid Funds, will apply the following default methodology: a. Opioid Funds shall be allocated within each Allocation Region by taking the allocation for a Participating County from Exhibit B and apportioning those funds between that Participating County and its Participating Cities and Towns. Exhibit B also sets forth the allocation to the Participating Counties and the Participating Cities or Towns within the Counties based on a default allocation formula. As set forth above in Section B.3, to determine the allocation to a county, this formula utilizes: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. To determine the allocation within a county, the formula utilizes historical federal data showing how the specific Counties and the Cities and Towns within the Counties have 4 made opioids epidemic-related expenditures in the past. This is the same methodology used in the National Settlement Agreements for county and intra-county allocations. A Participating County, and the Cities and Towns within it may enter into a separate intra-county allocation agreement to modify how the Opioid Funds are allocated amongst themselves, provided the modification is in writing and agreed to by all Participating Local Governments in the County. Such an agreement shall not modify any of the other terms or requirements of this MOU. b. 10% of the Opioid Funds received by the Region will be reserved, on an annual basis, for administrative costs related to the OAC. The OAC will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Participating Local Governments within the Region. C. Cities and towns with a population of less than 10,000 shall be excluded from the allocation, with the exception of cities and towns that are Litigating Participating Local Governments. The portion of the Opioid Funds that would have been allocated to a city or town with a population of less than 10,000 that is not a Litigating Participating Local Government shall be redistributed to Participating Counties in the manner directed in C.4.a above. d. Each Participating County, City, or Town may elect to have its share re-allocated to the OAC in which it is located. The OAC will then utilize this share for the benefit of Participating Local Governments within that Allocation Region, consistent with the Approved Purposes set forth in Exhibit A. A Participating Local Government's election to forego its allocation of Opioid Funds shall apply to all future allocations unless the Participating Local Government notifies its respective OAC otherwise. If a Participating Local Government elects to forego its allocation of the Opioid Funds, the Participating Local Government shall be excused from the reporting requirements set forth in this Agreement. e. Participating Local Governments that receive a direct payment maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are used solely for Approved Purposes. Reasonable administrative costs for a Participating Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10% of the Participating Local Government's allocation of Opioid Funds, whichever is less. f. A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation of Opioid Funds. The portion of the Opioid Funds that would have been allocated to a Local Government that is not a Participating Local Government shall be 5 redistributed to Participating Counties in the manner directed in C.4.a above. g. As a condition of receiving a direct payment, each Participating Local Government that receives a direct payment agrees to undertake the following actions: i. Developing a methodology for obtaining proposals for use of Opioid Funds. ii. Ensuring there is opportunity for community-based input on priorities for Opioid Fund programs and services. iii. Receiving and reviewing proposals for use of Opioid Funds for Approved Purposes. iv. Approving or denying proposals for use of Opioid Funds for Approved Purposes. V. Receiving funds from the Trustee for approved proposals and distributing the Opioid Funds to the recipient. vi. Reporting to the OAC and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures. h. Prior to any distribution of Opioid Funds within the Allocation Region, The Participating Local Governments must establish an Opioid Abatement Council (OAC) to oversee Opioid Fund allocation, distribution, expenditures and dispute resolution. The OAC may be a preexisting regional body or may be a new body created for purposes of executing the obligations of this MOU. i. The OAC for each Allocation Region shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region. The method of selecting members, and the terms for which they will serve will be determined by the Allocation Region's Participating Local Governments. All persons who serve on the OAC must have work or educational experience pertaining to one or more Approved Uses. j. The Regional OAC will be responsible for the following actions: i. Overseeing distribution of Opioid Funds from Participating Local Governments to programs and services within the Allocation Region for Approved Purposes. 6 ii. Annual review of expenditure reports from Participating Local Jurisdictions within the Allocation Region for compliance with Approved Purposes and the terms of this MOU and any Settlement. iii. In the case where Participating Local Governments chose to forego their allocation of Opioid Funds: (i) Approving or denying proposals by Participating Local Governments or community groups to the OAC for use of Opioid Funds within the Allocation Region. (ii) Directing the Trustee to distribute Opioid Funds for use by Participating Local Governments or community groups whose proposals are approved by the OAC. (iii) Administrating and maintaining records of all OAC decisions and distributions of Opioid Funds. iv. Reporting and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures by the OAC or directly by Participating Local Governments. V. Developing and maintaining a centralized public dashboard or other repository for the publication of expenditure data from any Participating Local Government that receives Opioid Funds, and for expenditures by the OAC in that Allocation Region, which it shall update at least annually. vi. If necessary, requiring and collecting additional outcome- related data from Participating Local Governments to evaluate the use of Opioid Funds, and all Participating Local Governments shall comply with such requirements. vii. Hearing complaints by Participating Local Governments within the Allocation Region regarding alleged failure to (1) use Opioid Funds for Approved Purposes or(2) comply with reporting requirements. 5. Participating Local Governments may agree and elect to share, pool, or collaborate with their respective allocation of Opioid Funds in any manner they choose by adopting a Regional Agreement, so long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement. 7 6. Nothing in this MOU should alter or change any Participating Local Government's rights to pursue its own claim. Rather, the intent of this MOU is to join all parties who wish to be Participating Local Governments to agree upon an allocation formula for any Opioid Funds from any future binding Settlement with one or more Pharmaceutical Supply Chain Participants for all Local Governments in the State of Washington. 7. If any Participating Local Government disputes the amount it receives from its allocation of Opioid Funds, the Participating Local Government shall alert its respective OAC within sixty (60) days of discovering the information underlying the dispute. Failure to alert its OAC within this time frame shall not constitute a waiver of the Participating Local Government's right to seek recoupment of any deficiency in its allocation of Opioid Funds. 8. If any OAC concludes that a Participating Local Government's expenditure of its allocation of Opioid Funds did not comply with the Approved Purposes listed in Exhibit A, or the terms of this MOU, or that the Participating Local Government otherwise misused its allocation of Opioid Funds, the OAC may take remedial action against the alleged offending Participating Local Government. Such remedial action is left to the discretion of the OAC and may include withholding future Opioid Funds owed to the offending Participating Local Government or requiring the offending Participating Local Government to reimburse improperly expended Opioid Funds back to the OAC to be re-allocated to the remaining Participating Local Governments within that Region. 9. All Participating Local Governments and OAC shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5) years and shall make such records available for review by any other Participating Local Government or OAC, or the public. Records requested by the public shall be produced in accordance with Washington's Public Records Act RCW 42.56.001 et seq. Records requested by another Participating Local Government or an OAC shall be produced within twenty-one (21) days of the date the record request was received. This requirement does not supplant any Participating Local Government or OAC's obligations under Washington's Public Records Act RCW 42.56.001 et seq. D. Payment of Counsel and Litigation Expenses I. The Litigating Local Governments have incurred attorneys' fees and litigation expenses relating to their prosecution of claims against the Pharmaceutical Supply Chain Participants, and this prosecution has inured to the benefit of all Participating Local Governments. Accordingly, a Washington 8 Government Fee Fund("GFF") shall be established that ensures that all Parties that receive Opioid Funds contribute to the payment of fees and expenses incurred to prosecute the claims against the Pharmaceutical Supply Chain Participants, regardless of whether they are litigating or non-litigating entities. 2. The amount of the GFF shall be based as follows: the funds to be deposited in the GFF shall be equal to 15% of the total cash value of the Opioid Funds. 3. The maximum percentage of any contingency fee agreement permitted for compensation shall be 15% of the portion of the Opioid Funds allocated to the Litigating Local Government that is a party to the contingency fee agreement, plus expenses attributable to that Litigating Local Government. Under no circumstances may counsel collect more for its work on behalf of a Litigating Local Government than it would under its contingency agreement with that Litigating Local Government. 4. Payments from the GFF shall be overseen by a committee (the "Opioid Fee and Expense Committee") consisting of one representative of the following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol Shapiro LLP; (c) Goldfarb & Huck Roth Rioj as, PLLC; and (d)Napoli Shkolnik PLLC. The role of the Opioid Fee and Expense Committee shall be limited to ensuring that the GFF is administered in accordance with this Section. 5. In the event that settling Pharmaceutical Supply Chain Participants do not pay the fees and expenses of the Participating Local Governments directly at the time settlement is achieved, payments to counsel for Participating Local Governments shall be made from the GFF over not more than three years, with 50% paid within 12 months of the date of Settlement and 25%paid in each subsequent year, or at the time the total Settlement amount is paid to the Trustee by the Defendants, whichever is sooner. 6. Any funds remaining in the GFF in excess of. (i)the amounts needed to cover Litigating Local Governments' private counsel's representation agreements, and (ii) the amounts needed to cover the common benefit tax discussed in Section C.8 below (if not paid directly by the Defendants in connection with future settlement(s), shall revert to the Participating Local Governments pro rata according to the percentages set forth in Exhibits B, to be used for Approved Purposes as set forth herein and in Exhibit A. 7. In the event that funds in the GFF are not sufficient to pay all fees and expenses owed under this Section, payments to counsel for all Litigating Local Governments shall be reduced on a pro rata basis. The Litigating Local Governments will not be responsible for any of these reduced amounts. 9 8. The Parties anticipate that any Opioid Funds they receive will be subject to a common benefit"tax" imposed by the court in In Re:National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP ("Common Benefit Tax"). If this occurs, the Participating Local Governments shall first seek to have the settling defendants pay the Common Benefit Tax. If the settling defendants do not agree to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid from the Opioid Funds and by both litigating and non-litigating Local Governments. This payment shall occur prior to allocation and distribution of funds to the Participating Local Governments. In the event that GFF is not fully exhausted to pay the Litigating Local Governments' private counsel's representation agreements, excess funds in the GFF shall be applied to pay the Common Benefit Tax(if any). E. General Terms 1. If any Participating Local Government believes another Participating Local Government, not including the Regional Abatement Advisory Councils, violated the terms of this MOU, the alleging Participating Local Government may seek to enforce the terms of this MOU in the court in which any applicable Settlement(s) was entered, provided the alleging Participating Local Government first provides the alleged offending Participating Local Government notice of the alleged violation(s) and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Participating Local Government or alleged offending Participating Local Government may be represented by their respective public entity in accordance with Washington law. 2. Nothing in this MOU shall be interpreted to waive the right of any Participating Local Government to seek judicial relief for conduct occurring outside the scope of this MOU that violates any Washington law. In such an action, the alleged offending Participating Local Government, including the Regional Abatement Advisory Councils, may be represented by their respective public entities in accordance with Washington law. In the event of a conflict, any Participating Local Government, including the Regional Abatement Advisory Councils and its Members, may seek outside representation to defend itself against such an action. 3. Venue for any legal action related to this MOU shall be in the court in which the Participating Local Government is located or in accordance with the court rules on venue in that jurisdiction. This provision is not intended to expand the court rules on venue. 4. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Participating Local Governments approve the use of electronic signatures for execution of this MOU. All use of electronic signatures 10 shall be governed by the Uniform Electronic Transactions Act. The Parties agree not to deny the legal effect or enforceability of the MOU solely because it is in electronic form or because an electronic record was used in its formation. The Participating Local Government agree not to object to the admissibility of the MOU in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 5. Each Participating Local Government represents that all procedures necessary to authorize such Participating Local Government's execution of this MOU have been performed and that the person signing for such Parry has been authorized to execute the MOU. [Remainder of Page Intentionally Left Blank— Signature Pages Follow] 11 This One Washington Memorandum of Understanding Between Washington Municipalities is signed this day of , 2022 by: Name & Title On behalf of 4894-0031-1574,v.2 12 EXHIBIT A OPIOID ABATEMENT STRATEGIES PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER(OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including but not limited to: a. Medication-Assisted Treatment (MAT); b. Abstinence-based treatment; c. Treatment, recovery, or other services provided by states, subdivisions, community health centers; non-for-profit providers; or for-profit providers; d. Treatment by providers that focus on OUD treatment as well as treatment by providers that offer OUD treatment along with treatment for other SUD/MH conditions, co-usage, and/or co-addiction; or e. Evidence-informed residential services programs, as noted below. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based, evidence-informed, or promising practices such as adequate methadone dosing. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and for persons who have experienced an opioid overdose. 6. Support treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose 1 or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including medical detox, referral to treatment, or connections to other services or supports. 8. Support training on MAT for health care providers, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 10. Provide fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 12. Support the dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web- based training curriculum and motivational interviewing. 13. Support the development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community-based services. 2. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 2 3. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including supportive housing, recovery housing, housing assistance programs, or training for housing providers. 4. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co- usage, and/or co-addiction. 5. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 6. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions, co-usage, and/or co- addiction. 7. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 8. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 9. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 10. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or are at risk of developing — OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction through evidence- based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 3 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Support training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, or persons who have experienced an opioid overdose, into community treatment or recovery services through a bridge clinic or similar approach. 7. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions, co- usage, and/or co-addiction or persons that have experienced an opioid overdose. 8. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction or to persons who have experienced on opioid overdose. 11. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non-profits and the faith community as a system to support outreach for treatment. 15. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 16. Create or support intake and call centers to facilitate education and access to treatment, prevention, and recovery services for persons with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction. 4 17. Develop or support a National Treatment Availability Clearinghouse — a multistate/nationally accessible database whereby health care providers can list locations for currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co- usage, and/or co-addiction who are involved — or are at risk of becoming involved — in the criminal justice system through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or post-arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses; or g. County prosecution diversion programs, including diversion officer salary, only for counties with a population of 50,000 or less. Any diversion services in matters involving opioids must include drug testing, monitoring, or treatment. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, but only if these courts provide referrals to evidence-informed treatment, including MAT. 5 4. Provide evidence-informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual- diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice- involved persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: I. Support evidence-based, evidence-informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Provide training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 3. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 6 5. Offer enhanced family supports and home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, including but not limited to parent skills training. 6. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter-detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs or by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. 6. Development and implementation of a national PDMP — Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information, including but not limited to: a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. 7 b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based, evidence- informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Corrective advertising or affirmative public education campaigns based on evidence. 2. Public education relating to drug disposal. 3. Drug take-back disposal or destruction programs. 4. Fund community anti-drug coalitions that engage in drug prevention efforts. 5. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non-profits and faith-based communities as systems to support prevention. 7. Support evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent- teacher and student associations, and others. 8. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 10. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 11. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff, to 8 address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based, evidence-informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public. 2. Provision by public health entities of free naloxone to anyone in the community, including but not limited to provision of intra-nasal naloxone in settings where other options are not available or allowed. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 10. Support mobile units that offer or provide referrals to treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction. 11. Provide training in treatment and recovery strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction. 12. Support screening for fentanyl in routine clinical toxicology testing. 9 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items C8, D1 through D7, H1, H3, and H8, support the following: 1. Current and future law enforcement expenditures relating to the opioid epidemic. 2. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to in various items above, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Invest in infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other 10 strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 6. Research on expanded modalities such as prescription methadone that can expand access to MAT. 11 EXHIBIT B Local County Government %Allocation Adams County Adams County 0.1638732475% Hatton Lind Othello Ritzville Washtucna County Total: 0.1638732475% Asotin County Asotin County 0.4694498386% Asotin Clarkston County Total: 0.4694498386% Benton County Benton County 1.4848831892% Benton City Kennewick 0.5415650564% Prosser Richland 0.4756779517% West Richland 0.0459360490% County Total: 2.5480622463% Chelan County Chelan County 0.7434914485% Cashmere _ Chelan _ Entiat _ Leavenworth Wenatchee 0.2968333494% County Total: 1.0403247979% Clallam County Clallam County 1.3076983401% Forks Port Angeles 0.4598370527% Sequim County Total: 1.7675353928% *** - Local Government appears in multiple counties B-1 EXHIBIT B Local County Government %Allocation Clark County Clark County 4.5149775326% Battle Ground 0.1384729857% Camas 0.2691592724% La Center Ridgefield Vancouver 1.7306605325% Washougal 0.1279328220% Woodland*** Yacolt County Total: 6.7812031452% Columbia County Columbia County 0.0561699537% Dayton Starbuck County Total: 0.0561699537% Cowlitz County Cowlitz County 1.7226945990% Castle Rock Kalama Kelso 0.1331145270% Longview 0.6162736905% Woodland*** County Total: 2.4720828165% Douglas County Douglas County 0.3932175175% Bridgeport Coulee Dam*** East Wenatchee 0.0799810865% Mansfield Rock Island _ Waterville County Total: 0.4731986040% Ferry County Ferry County 0.1153487994% Republic County Total: 0.1153487994% *** - Local Government appears in multiple counties B-2 EXHIBIT B Local County Government %Allocation Franklin County Franklin County 0.3361237144% Connell Kahlotus Mesa Pasco 0.4278056066% County Total: 0.7639293210% Garfield County Garfield County 0.0321982209% Pomeroy County Total: 0.0321982209% Grant County Grant County 0.9932572167% Coulee City Coulee Dam*** Electric City Ephrata George Grand Coulee Hartline Krupp Mattawa Moses Lake 0.2078293909% Quincy Royal City Soap Lake Warden Wilson Creek County Total: 1.2010866076% *** - Local Government appears in multiple counties B-3 EXHIBIT B Local County Government %Allocation Grays Harbor County Grays Harbor County 0.9992429138% Aberdeen 0.2491525333% Cosmopolis Elma Hoquiam McCleary Montesano Oakville _Ocean Shores Westport County Total: 1.2483954471% Island County Island County 0.6820422610% Coupeville Langley Oak Harbor 0.2511550431% County Total: 0.9331973041% Jefferson County Jefferson County 0.4417137380% Port Townsend County Total: 0.4417137380% *** - Local Government appears in multiple counties B-4 EXHIBIT B Local County Government %Allocation King County King County 13.9743722662% Algona Auburn*** 0.2622774917% Beaux Arts Village Bellevue 1.1300592573 Black Diamond Bothell*** 0.1821602716% Burien 0.0270962921% Carnation Clyde Hill Covington 0.0118134406% Des Moines 0.1179764526% Duvall Enumclaw*** 0.0537768326% Federal Way 0.3061452240% Hunts Point Issaquah 0.1876240107% Kenmore 0.0204441024% Kent 0.5377397676% Kirkland 0.5453525246% Lake Forest Park 0.0525439124% Maple Valley 0.0093761587% Medina Mercer Island 0.1751797481% Milton*** Newcastle 0.0033117880% Normandy Park North Bend Pacific*** Redmond 0.4839486007% Renton 0.7652626920% Sammamish 0.0224369090% SeaTac 0.1481551278% Seattle 6.6032403816% Shoreline 0.0435834501% Skykomish Snoqualmie 0.0649164481% Tukwila 0.3032205739% Woodinville 0.0185516364% Yarrow Point County Total: 26.0505653608% *** - Local Government appears in multiple counties B-5 EXHIBIT B Local County Government %Allocation Kitsap County Kitsap County 2.6294133668% Bainbridge Island 0.1364686014% Bremerton 0.6193374389% Port Orchard 0.1009497162% Poulsbo 0.0773748246% County Total: 3.5635439479% Kittitas County Kittitas County 0.3855704683% Cie Elum Ellensburg 0.0955824915% Kittitas Roslyn South Cie Elum County Total: 0.4811529598% Klickitat County Kiickitat County 0.2211673457% Bingen Goldendale _ White Salmon County Total: 0.2211673457% Lewis County Lewis County 1.0777377479% Centralia 0.1909990353% Chehalis Morton Mossyrock Napavine Pe Ell _ Toledo Vader Winlock County Total: 1.2687367832% *** - Local Government appears in multiple counties B-6 EXHIBIT B Local County Government %Allocation Lincoln County Lincoln County 0.1712669645% Almira Creston Davenport Harrington Odessa Reardan Sprague Wilbur County Total: 0.1712669645% Mason County Mason County 0.8089918012% Shelton 0.1239179888% County Total: 0.9329097900% Okanogan County Okanogan County 0.6145043345% Brewster Conconully Coulee Dam*** Elmer City Nespelem Okanogan Omak _ Oroville _ Pateros _ Riverside _ Tonasket _ Twisp _ Winthrop County Total: 0.6145043345% Pacific County Pacific County 0.4895416466% Ilwaco Long Beach Raymond South Bend County Total: 0.4895416466% *** - Local Government appears in multiple counties B-7 EXHIBIT B Local County Government %Allocation Pend Oreille County Pend Oreille County 0.2566374940% Cusick lone Metaline Metaline Falls Newport County Total: 0.2566374940% Pierce County Pierce County 7.2310164020% Auburn*** 0.0628522112% Bonney Lake 0.1190773864% Buckley Carbonado DuPont Eatonville Edgewood 0.0048016791% Enumclaw*** 0.0000000000% Fife 0.1955185481% Fircrest Gig Harbor 0.0859963345% Lakewood 0.5253640894% Milton*** Orting Pacific*** Puyallup 0.3845704814% Roy Ruston South Prairie Steilacoom Sumner 0.1083157569% Tacoma 3.2816374617% University Place 0.0353733363% Wilkeson County Total: 12.0345236870% San Juan County San Juan County 0.2101495171% Friday Harbor County Total: 0.2101495171% *** - Local Government appears in multiple counties B-8 EXHIBIT B Local County Government %Allocation Skagit County Skagit County 1.0526023961% Anacortes 0.1774962906% Burlington 0.1146861661% Concrete Hamilton La Conner Lyman Mount Vernon 0.2801063665% Sedro-Woolley 0.0661146351% County Total: 1.6910058544% Skamania County Skamania County 0.1631931925% North Bonneville Stevenson County Total: 0.1631931925% Snohomish County Snohomish County 6.9054415622% Arlington 0.2620524080% Bothell*** 0.2654558588% Brier Darrington Edmonds 0.3058936009% Everett 1.9258363241% Gold Bar Granite Falls Index Lake Stevens 0.1385202891% Lynnwood 0.7704629214% Marysville 0.3945067827% Mill Creek 0.1227939546% Monroe 0.1771621898% Mountlake Terrace 0.2108935805% Mukilteo 0.2561790702% Snohomish 0.0861097964% Stanwood Sultan _ Woodway County Total: 11.8213083387% *** - Local Government appears in multiple counties B-9 EXHIBIT B Local County Government %Allocation Spokane County Spokane County 5.5623859292% Airway Heights Cheney 0.1238454349% Deer Park Fairfield Latah Liberty Lake 0.0389636519% Medical Lake Millwood Rockford Spangle Spokane 3.0872078287% Spokane Valley 0.0684217500% Waverly County Total: 8.8808245947% Stevens County Stevens County 0.7479240179% Chewelah Colville Kettle Falls Marcus Northport Springdale County Total: 0.7479240179% Thurston County Thurston County 2.3258492094% Bucoda Lacey 0.2348627221% Olympia 0.6039423385% Rainier Tenino Tumwater 0.2065982350% Yelm County Total: 3.3712525050% Wahkiakum County Wahkiakum County 0.0596582197% Cathlamet County Total: 0.0596582197% *** - Local Government appears in multiple counties B-10 EXHIBIT B Local County Government %Allocation Walla Walla County Walla Walla County 0.5543870294% College Place Prescott Waitsburg Walla Walla 0.3140768654% County Total: 0.8684638948% Whatcom County Whatcom County 1.3452637306% Bellingham 0.8978614577% Blaine Everson Ferndale 0.0646101891% Lynden 0.0827115612% Nooksack Sumas County Total: 2.3904469386% Whitman County Whitman County 0.2626805837% Albion Colfax Colton Endicott Farmington Garfield LaCrosse Lamont Malden Oakesdale Palouse Pullman 0.2214837491% Rosalia St.John Tekoa Uniontown County Total: 0.4841643328% *** - Local Government appears in multiple counties B-11 EXHIBIT B Local County Government %Allocation Yakima County Yakima County 1.9388392959% Grandview 0.0530606109% Granger Harrah Mabton M oxee Naches Selah Sunnyside 0.1213478384% Tieton Toppenish Union Gap Wapato Yakim .6060410539% Zillah County Total: 2.7192887991% *** - Local Government appears in multiple counties B-12 Exhibit C KING COUNTY REGIONAL AGREEMENT King County intends to explore coordination with its cities and towns to facilitate a Regional Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in a Regional Agreement, this shall not preclude coordinated allocation for programs and services between the County and those cities and towns who elect to pursue a Regional Agreement. As contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for allocation in CA of the MOU shall apply. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Dave Windom Ext.260 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 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• Opioid Settlement Authorized Uses Background/Executive Summary: Mason County received opioid settlement dollars which have specific guidelines regarding authorized uses. The attachment included here outlines those uses. Budget Impact(amount, funding source,budget amendment): None. Public Outreach (news release,community meeting,etc.): Briefing. Requested Action: Informational only. Attachments• Exhibit E, List of Opioid Remediation Uses Exhibit E List of Opioid Remediation Uses Schedule A Core Strategies Settling States and Exhibit G Participants may choose from among the abatement strategies listed in Schedule B. However, priority may be given to the following core abatement strategies ("Core Strategies").' A. NALOXONE OR OTHER FDA-APPROVED DRUG TO REVERSE OPIOID OVERDOSES 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION-ASSISTED TREATMENT ("MA I") DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 1 As used in this Schedule A,words like"expand,""fund,""provide"or the like shall not indicate a preference for new or existing programs. E-1 C. PREGNANT & POSTPARTUM WOMEN 1. Expand Screening, Brief Intervention, and Referral to Treatment("SBIRT") services to non-Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder("OUD") and other Substance Use Disorder("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation,job placement/training, and childcare. D. EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME ("NAS") 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant- need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation,job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. E-2 F. TREATMENT FOR INCARCERATED POPULATION 1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre- arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE SERVICE PROGRAMS 1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE-BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE E-3 Schedule B Approved Uses Support treatment of Opioid Use Disorder(OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include,but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER(OUD) Support treatment of Opioid Use Disorder("OUD") and any co-occurring Substance Use Disorder or Mental Health("SUD/MH") conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment("MAT') approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine ("ASAM') continuum of care for OUD and any co-occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling,psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs ("OTPs")to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g.,violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 2 As used in this Schedule B,words like"expand," "fund," "provide"or the like shall not indicate a preference for new or existing programs. E-4 7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including,but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Disseminate web-based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service—Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication—Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education,job placement,job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing,peer support services and counseling, community navigators, case management, and connections to community-based services. E-5 3. Provide counseling,peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. E-6 C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include,but are not limited to, those that: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. E-7 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include,but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAARI"); 2. Active outreach strategies such as the Drug Abuse Response Team("DART') model; 3. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion("LEAD")model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. E-8 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CTF),particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome ("NAY'), through evidence-based or evidence-informed programs or strategies that may include,but are not limited to, those that: 1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. E-9 3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including,but not limited to, parent skills training. 10. Provide support for Children's Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include,but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. E-10 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs,by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA"). E-11 7. Engaging non-profits and faith-based communities as systems to support prevention. 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs,parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. E-12 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP,PLANNING AND COORDINATION Support efforts to provide leadership,planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities,programs, or strategies that may include,but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and E-13 to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or(d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include,but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse,prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list(e.g., health care, primary care,pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: I. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. E-14 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM") system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. E-15 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Dave Windom Ext. 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 8, 2024 Agenda Date: July 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: Mobile Outreach Unit. Background/Executive Summary: Mason County Public Health and Human Services utilizes an older RV for its syringe exchange program. This vehicle has outlived its useful life and is in need of replacing. It is our intent to replace this vehicle with one more suitable to daily commercial use. We’d also like to expand our services to include more direct care services in the community. We are looking to issue a request for proposals for a custom vehicle that provide a mobile clinic space as well as space for mental health, hepatitis C, substance abuse, and other outreach activities. We are looking to purchase a vehicle in the 28 to 30 foot category with wheelchair access capability. This vehicle would be under 26,000 pounds and thus would not require a CDL. This vehicle would expand the capability of our current syringe exchange to include hepatitis C testing and treatment, HIV testing and hand off to medical providers, community outreach with A1c and blood pressure clinics, and will give us the ability to take quickly out into remote communities such as Hoodsport, Belfair, Union, Allyn, Matlock, and Tahuya. Budget Impact (amount, funding source, budget amendment): We are estimating the cost between $200,000 and $300,000. We have a dedicated fund of $200,000 and have the ability to blend at least hundred thousand more into that for the purchase of this vehicle. Public Outreach (news release, community meeting, etc.): Briefing and Action Agenda Requested Action: Approve Attachments: Request for Bids. Mason County Request for Bids for Purchase of Mobile Health Outreach Vehicle 1. Summary and Background: This request seeks to collect Bids for a mobile health outreach vehicle to replace the current syringe exchange RV. Mason County seeks to increase its capability beyond syringe exchange to mental health outreach, substance abuse outreach, hepatitis C testing and treatment, HIV testing, wound care, community A1c checks, community blood pressure checks, public health outreach, and emergency response. 2. Bidder Qualifications: Bidder should have experience in the production of commercial quality mobile health vans. Bidder should have experience in government contracts and bidding. 3. Project Purpose and Description: Our mission at Mason County Public Health and Human Services is to protect the quality of life by working to create and maintain a safe, vibrant, and healthy community. This project will add a mobile health vehicle/van to expand the capability and visibility of Mason County Public Health and Human Services within the community. 4. Project Scope-of-Work: The vehicle should include a minimum of the following items: 1. length between 26 and 30 feet 2. wheelchair lift 3. medical exam room with exam table and light 4. mental health room 5. lavatory 6. generator 7. awning 8. small medical-grade refrigerator 9. easily cleanable services 10. weight not to exceed 26,000 pounds 11. gas or diesel engine acceptable 12. blood draw chair is optional 13. ability to provide vehicle wrap is preferred 5. Project Timeline: The project should commence within two weeks of contract award and be complete within 90 days unless otherwise specified. 6. Costs/Budget: The bidder should include the budget for building to specifications, delivery, and custom wrap if available. 7. Special Requirements: No special requirements 8. Bid Requirements: Bid must contain the following components. Additional information that may prove beneficial to the County during the rating and awarding process is welcomed. 1. Contact name, address, telephone number, fax number, and e-mail address. 2. Detailed description of skills, experience, and ability to meet project requirements including identification and designation of roles/responsibilities of key project staff. 3. Client references including project type, dates, contact info, and description. 4. Detailed description of the approach to the project including all of the requirements listed below. 5. Detailed project timeline and deliverables. 6. Statement of acceptance to perform services in compliance with federal, state, and local regulations. 7. Statement of acceptance, ability, and willingness to: enter into a Professional Services Contract 8. Comprehensive and detailed breakdown of Bid budget including fee structure/schedule. 9. Bid Submission: The Bid must be submitted on letter-size paper with type that is a minimum of 11-point font, not exceeding 10 pages in length, and may be submitted in an electronic format. The submittal period closes at the close of business on August 31st. Late submissions will not be reviewed. 10. Request for Bid Process and Timeline The submission period begins upon approval by the Mason County Board of Commissioners and closes on August 31st at the close of business. The review period will be from September 1st to September 15th. The award is anticipated to be announced on September 15th. The Request for Bid will have a two-week contracting period with an anticipated start date of October 1st, 2024. The contract deliverables shall be complete within 90 days. 11. Bid Evaluation Criteria: Technical Review-Bids will be reviewed to ensure that they meet the specifications as detailed in this RFP. Bids that do not meet the requirements will not be scored and will be removed from further consideration. Bids that pass the technical review will be scored by a Review Committee based on the following criteria: Bids will be scored based on the following criteria. The scoring criteria are subject to change without notice. Bid Component Rated from 1-10 with 1 being the lowest Demonstrated project experience and skills 1 2 3 4 5 6 7 8 9 10 Capabilities of key project staff 1 2 3 4 5 6 7 8 9 10 Experience working with governmental entities 1 2 3 4 5 6 7 8 9 10 Experience working in project area 1 2 3 4 5 6 7 8 9 10 Proposed approach 1 2 3 4 5 6 7 8 9 10 Proposed scope-of-work 1 2 3 4 5 6 7 8 9 10 Proposed timelines 1 2 3 4 5 6 7 8 9 10 Proposed deliverables 1 2 3 4 5 6 7 8 9 10 Project budget 1 2 3 4 5 6 7 8 9 10 Inclusion of required Statements 1 2 3 4 5 6 7 8 9 10 Client references 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 12. Contact Information: David Windom dwindom@masoncountywa.gov 360-427-9670 ext 260 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): May 20&July 8,2024 Agenda Date: July 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• Consolidated Homeless Grant Contract Amendments Background/Executive Summary: The Department of Commerce Contract#24-46108-20 Amendment C, adding SFY25 Inflation Increase, CHG Standard, and Local Document Report Fee Support funds,was approved by the Board on the 6/4/24 action agenda. The purpose of these funds is to maintain current levels of homeless subsidies and services and stabilize the homeless service provider workforce.Eligibility for these funds were current providers contracted with Mason County through the Homeless Respond Funds: Consolidated Homeless Grant, Local Document Recording Fees,and Emergency Housing Fund. Requests for Quote were reviewed and award letters issued to the providers. Budget Impact(amount,funding source,budget amendment): Funding Source: Consolidated Homeless Grant. $7,131 awarded to Quixote Communities; $458,035 awarded to Shelton Family Center; and$484,480 awarded to Crossroads Housing. Public Outreach(news release,community meeting,etc.): Followed the Request for Quote process for current providers contracted with Mason County through the Homeless Response Funds. Requested Action: Move contract amendments to 7/16/24 Action Agenda for approval. Attachments: Crossroads FY24-25 CHG.2163.TST Amendment#4 Shelton Family Center FY24-25 CHG.2163 Amendment#3 Quixote Communities FY24 CHG TIRF Amendment#2 Contract Between Mason County and Crossroads Housing Professional Services Contract #CHFY24-25.CHG.2163.TST (MC Contract #23-037) Amendment # 4 The purpose of amendment is to add FY25 Emergency Housing Fund including two new positions: 1 FTE RRH/EP "Landlord Liaison" and 1 FTE Program Manager and add FY25 Temporary Inflationary Relief to the Consolidated Homeless Grant; add scope of service for the Emergency Housing Fund and Temporary Inflation Relief Program; and update the scope of work for the Consolidated Homeless Grant Eviction Prevention Program. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Consolidated Homeless Grant 2. AMENDMENT TERM: July 1, 2024, to June 30, 2025 3. TOTAL ADDITIONAL AWARD: Emergency Housing Fund Permanent Housing Fund Source Annual Amount Admin Emergency Housing Grant $11,000 Operations Emergency Housing Grant $160,000 Offsite ES Fund Source Annual Amount Admin Emergency Housing Grant $22,832 Facility Supports Emergency Housing Grant $130,848 Operations Emergency Housing Grant $67,000 Street Outreach Fund Source Annual Amount Operations Emergency Housing Grant $30,000 Total Emergency Housing Grant $421,680 Temporary Inflationary Relief Program Category I Current Amendment Amended Amount Total New Budget inflationary Costs 2025 1 0 $62,800 $62,800 Additional funding for temporary wage stimulus to reduce economic hardship among current Homeless Service Provider Workers to maintain services and improve employee retention. Priority 1: $61,500 for temporary wage stimulus for eligible homeless service provider workers • HSP Workers must perform work in Mason County and earn less than 80% AMI. • Agencies must award funds in an equitable manner among employees that is consistent with agency policies and procedures. Priority 3: $1,300 for Training Certifications related to the homeless service provider work and used to help in employee retention. 1 • Employee training costs to increase 2 certified peer mentors. • Funds to support mileage to and from the training. • Exam fees for up to 5 employees to become a HUD Certified Housing Counselor. • Other costs associated with the training must be pre-approved by the county. 4. EXHIBIT A— SCOPE OF SERVICE: Emergency Housing Fund Funding is awarded to support the following programs: Grantee will utilize the Emergency Housing Fund grant to maintain levels of homeless subsidies and emergency housing services for the programs listed below: 1) Street Outreach connected to Diversion/ Coordinated Entry/ Care Coordination Program 2) Permanent Housing: Centralized Rapid Rehousing 3) Emergency Shelter: Off- site emergency shelters Allowable activities and expenses follow the Consolidated Homeless Grant(CHG)/ System Demonstration Grant (SDG) guidelines. Allowable activities are restricted to "emergency housing" activities to include street outreach, diversion, emergency shelter including hotel/motel leasing, sanctioned encampments, transitional housing, rapid rehousing, housing search and placement, and housing stability case management. The following project types will at least maintain the original capacity and project interventions as a continuation of ESG-CV: 9 units of temporary off-site shelters, rapid rehousing, and street outreach. Household eligibility requirements also follow the CHG/SDG Guidelines. Program: Street Outreach connected to the CE/Care Coordination/Diversion Program Funding is awarded to expand a Street Outreach Program that engages people experiencing homelessness who are otherwise not accessing services for the purpose of connecting them with emergency shelter, housing, or other critical services. Street outreach efforts should be connected to the subcontractors coordinated entry efforts. Street outreach projects funded by CHG must be linked by either performing mobile CE process services (e.g. assessment) or providing referrals to CE. It is recommended that all street outreach staff complete SSI/SSD Outreach, Access, and Recovery (SOAR) training. This can be complete through Substance Abuse and Mental Health Services Administration at http://www.samhsa.gov/soar Funded Activities for Street Outreach: • Activities for street outreach must be linked to CE by performing mobile CE process services (e.g. assessment) or providing referrals to CE. Additional costs needed to update, enhance, and operate the applicable centralized or coordinated assessment system under 24 CFR 576.400 (d). • Engagement efforts: Activities to locate, identify, and build relationship with unsheltered homeless people for the purpose of providing immediate support, intervention, and connection with homeless assistance programs and/or mainstream social services and housing programs. • Emergency Health Services: Direct outpatient treatment of medical conditions by licensed medical professionals in community-based setting (e.g. street, parks, or campgrounds) to those eligible participants for whom other appropriate health services are inaccessible or unavailable within the area. • Emergency Mental Health Services: Direct outpatient treatment of mental health conditions by licensed professionals in community-based setting (e.g. street, parks, and campgrounds) to those eligible participants for whom other appropriate health services are inaccessible or unavailable within the area. • Transportation: The transportation costs of travel by outreach works, social workers, medical professionals, or other service providers are eligible, provided that this travel takes place during 2 provision of services eligible under this section. The costs of transporting unsheltered people to emergency shelters or other service facilities are also eligible. These costs include: The cost of a program participant's travel on public transportation, mileage allowance for services workers to visit program participants, and the travel costs of recipient or subrecipient staff to accompany or assist program participants to use public transportation. Vehicle purchase for transporting participants or staff serving participants to services and the cost of gas, insurance, taxes, and maintenance of the vehicle. • Services to Special Populations: Otherwise, eligible Essential Services, as listed above, that have been tailored to address the special needs of homeless youth, victims of domestic violence and related crimes/threats, and/or people living with HIV/AIDS who are literally homeless. • Cell phones may be loaned to program participants and the wireless service cost ma be paid as needed to enable program participants to participate in activities necessary to obtain and maintain housing. Program: Centralized Permanent Housing Program • Admin and Operation categories in permanent housing will be utilized to staff up programs for permanent housing to include 1 FTE Liaison (Land lord/tenant/Courts/DRC/By and For) specific for RRH/ EP programs and 1 FTE Program Manager position. • Contractor will provide description of job duties for each new position to Mason County Public Health and Human Services. • Program Manager roles and responsibilities include, but are not limited to: o Oversee the homeless response system programs at Crossroads Housing and ensure that all funded programs meet best practices, the CHG Guidelines, Mason County Written Standards, WA State CE Guidelines, CE Core Elements Manual and quality assurance by ensuring all programs are implemented to meet program fidelity standards. o Ensure compliance with all programs. o Staff training and development. o Data Quality o Program performance outcomes • "Liaison" Roles and responsibilities include: o Building partnerships with the following organizations in the community not limited to: Emergency health services; mental health services; landlord outreach and engagement; mitigations with systems of care; mitigation with courts, jails, and juvenile systems; partnership with by and for organizations; mitigation between landlord and tenants; landlord and tenant paperwork collection and signatures; habitability inspections, and partnerships with the Dispute Resolution Center. o Hold MOUs with Crossroads Housing, Turning Pointe, Community Action Council, and Community Lifeline so they can have access to this position and partnerships that are formed for Eviction Prevention and Rapid Rehousing. o Communication with all community partners for fully building up Centralized Rapid Rehousing Program and Eviction Prevention Program in Mason County. Provides information to the community about homeless response system programming. Outreach to the community to help create strategies to connect people in need with services. Relationship building by fostering positive relationships with other professionals in the industry. o Landlord recruitment, housing search and placement Permanent Housing Program Expectations: 1. Refer to the Mason County Written Standards and Consolidated Homeless Grant Guidelines for more information. 2. Adheres to the best practices in the National Alliance to End Homelessness Rapid Re-housing Toolkit. 3. Performance Outcomes: 3 a. 80% exits to permanent housing b. Less than 10% returns to homelessness Off-Site Family Emergency Shelter(s) Program: • This funding supports the administration, Facility Support, and Operations of maintaining at least 9 units of off-site emergency shelters. • Refer to the Consolidated Homeless Grant Guidelines for allowable expenses within the program. Eviction Prevention Program: • Goal: reduce unlawful detainers, returns to homelessness and households that access the program more than once. • Contractor will submit an Eviction Prevention pipeline spreadsheet on the 15t" of each month and spreadsheet that matches HMIS waitlist with the following criteria: o Clients have completed paperwork and landlords have completed paperwork. The reason for waitlist is there is not currently enough funding for the month to fund the household, so they are put on the waitlist until funding is available projected to be funded in the next month or two. o The EP pipeline report should include where people are coming from, for example a referral, street outreach, call-in must be captured. A "call list" of people being contacted and have less than 50% of paperwork completed. A list of people with paperwork 50% or more complete must be captured. Notation of households that have been assisted more than once. A list of people with payment pending with payments plan to be paid within 30 days must be captured. A list of people with payment made must be captured. o The report must be broken out by month. • Work to implement payment plans to make the best use of limited funds and serve more households. • Solidify partnerships with the court system, Dispute Resolution Center, By and For Organizations, and tenants. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12024. CONTRACTOR MASON COUNTY Tanya Frazier Randy Neatherlin, Chair Executive Director Mason County Board of County Commissioners 4 Contract Between Mason County and Shelton Family Center Professional Services Contract #SFC FY24-25.CHG.2163 (MC Contract #23-039) Amendment # 3 The purpose of amendment is to add FY25 Emergency Housing Fund and FY25 Temporary Inflationary Relief to the Consolidated Homeless Grant. This amendment is also to add in scope of service for the Emergency Housing Fund and Temporary Inflation Relief Program, along with funding for a new position called a Community Liaison for Rapid Rehousing and Eviction Prevention. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Consolidated Homeless Grant 2. AMENDMENT TERM: July1, 2024 to June 30,2025 3. TOTAL ADDITIONAL AWARD: Emergency Housing Fund Permanent Housing Fund Source Annual Amount Rent Emergency Housing Grant $115,000 Operations Emergency Housing Grant $120,000 Offsite ES Fund Source Annual Amount Admin Emergency Housing Grant $17,410 Facility Supports Emergency Housing Grant $65,000 Operations Emergency Housing Grant $45,000 Total Emergency Housing Grant �$362,41 0 Temporary Inflationary Relief Program Category I Current Amendment Amended Amount Total New Budget Inflationary Costs 2025 1 0 $95,625 $95,625 Additional funding for temporary wage stimulus to reduce economic hardship among current Homeless Service Provider Workers to maintain services and improve employee retention. Priority 1: $95,625 for temporary wage stimulus for eligible homeless service provider workers • HSP Workers must perform work in Mason County and earn less than 80% AMI. • Agencies must award funds in an equitable manner among employees that is consistent with agency policies and procedures. • Exam fees for up to 5 employees to become a HUD Certified Housing Counselor. 4. EXHIBIT A— SCOPE OF SERVICE: Emergency Housing Fund Funding is awarded to support the following Programs: 1 Program: Permanent Housing, Centralized Rapid Rehousing Program This program aims to bring individuals, heads of households and households under the age of 25 from homelessness into permanent housing by providing move-in assistance, up to two years of rent subsidies and housing focused case management to maintain housing when the subsidy ends. This funding is to focus on the highest vulnerable index and must serve for longer periods of time with case management services to achieve housing stability. Shelton Family Center uses a client-centered case management approach that focuses on assisting clients to overcome any barriers that led to homelessness to ensure reentrance into the crisis response system does not occur. Program Expectations: 1. Refer to the Mason County Written Standards and Consolidated Homeless Grant Guidelines for more information. 2. Adheres to the best practices in the National Alliance to End Homelessness Rapid Re-housing Toolkit. 3. Performance Outcomes: a. 80% exits to permanent housing b. Less than 10% returns to homelessness Centralized Rapid Rehousing Program allowable activities as part of the program: Funding for this program is applied to direct client services (move in assistance, rental assistance for permanent housing, or up to two years of rent subsidies) and operating (case management) costs as allowable in CHG Guidelines. Funds may not be used for temporary housing interventions (e.g., Transitional Housing and Emergency Shelter). Program Staffing: An ideal minimum staffing model for this program includes: • Administrative personnel to coordinate and ensure all the paperwork is complete, eligibility is met, and all program criteria is met. • Case Management of all rental assistance programs (RRH, Eviction Prevention, PSH) • Landlord/tenant/Courts/DRC/By and For Liaison (i.e. "community liaison"): $65,000 is awarded to support 1 FTE "Community Liaison". Also funding for an additional $5,000 for Community Liaison operational supplies such as: A laptop and flyers/ printed media with all agency's information on it. A job description will be provided to Mason County Public Health and Human Services. The Community Liaison position is to address and build community engagement to support the Eviction Prevention and Rapid Rehousing sections of the homeless response system. Roles and responsibilities for the "Community Liaison" position include: • Building partnerships with the following organizations in the community not limited to: Emergency health services; mental health services; landlord outreach and engagement; mitigations with systems of care; mitigation with courts, jails, and juvenile systems; partnership with by and for organizations; mitigation between landlord and tenants; landlord and tenant paperwork collection and signatures; habitability inspections, and partnerships with the Dispute Resolution Center. • Hold MOUs with Crossroads Housing, Turning Pointe, Community Action Council, and Community Lifeline so they can have access to this position and partnerships that are formed for Eviction Prevention and Rapid Rehousing. • Communication with all community partners for fully building up Centralized Rapid Rehousing Program and Eviction Prevention Program in Mason County. Provides information to the community about homeless response system programming. Outreach to the community to help create strategies to connect people in need with services. Relationship building by fostering positive relationships with other professionals in the industry. • Landlord recruitment, housing search and placement 2 Program: Emergency Shelter Shelton Family Center operates continuous stay shelter programs for transitional aged youth experiencing homelessness. The off-site shelters are operated as group living style homes, with each family having a private bedroom and shared kitchen, living room, and bathrooms. The goal is to move households forward to transitional housing, rapid rehousing, or permanent housing within 90 days. This is a goal not a rule that is driven by the client's participation in case management efforts. The case team utilizes progressive engagement approach to make a custom care plan that recognizes each client's strength and needs assisting the client in overcoming barriers to housing independence. Funded Activities for Offsite Emergency Shelter(s): • This funding supports the Administration, Facility Supports, and Operations of 6 units off-site emergency shelters. Expectations for Emergency Shelters: • Exit to permanent house rate of 50% • Follow Centers for Disease Control and Washington Department of Health's guidelines for operating emergency shelters. • Develop and implement a hazardous weather response plan with the ability to respond to community needs during periods of extremely hot or cold weather or severe poor air quality due to wildfire smoke. • Operate a notification system for key community partners on bed availability, referral process, and provide adequate resources and assistance to individuals that are unable to stay when the shelter is at maximum occupancy capacity. • Follow low-barrier best practices. Low barrier project have realistic and clear expectations. Rules and policies are narrowly focused on maintaining a safe environment and avoiding exits to homelessness. Low barrier projects do not have work or volunteer requirements. Households are not terminated from the project for the following reasons: Failure to participate in supportive services or treatment programs, failure to make progress on housing stability plan and/or alcohol and/or substance use in and of itself is not considered a reason for termination. o Emergency shelters shall not have excessive rules that become barriers for unsheltered persons or households to stay in the shelter. o Emergency shelters shall not have excessive rules that exit a person or household to homelessness. • Policies and Procedures that demonstrate the following: o Check-in process that includes a reasonable check-in time and accounts for households that may be late or unable to make a predetermined time. o The protocol when maximum capacity is reached and the procedures to assist households in finding other shelter options. o Protocols for emergency situations when employees are present and, if different, during hours when employees are not present. o The process for shelter stayer to exit each day and included length of time. o Exhibits Racial Equity: How the demographics of shelter stayers are similar to the demographics found during outreach and/or the PIT Count). • Low barrier shelters o All homeless housing projects adhere to state and federal anti-discrimination laws: ■ All projects ensure equal access for people experiencing homelessness regardless of race, national origin, gender identity, sexual orientation, marital status, age, veteran or military status, disability, or the use of an assistance animal. ■ Projects designed to serve families with children experiencing homelessness ensure equal access regardless of family composition and regardless of age of a minor child. ■ Projects that operate gender segregated facilities allow the use of facilities 3 consistent with the person's gender expression or identity. o At minimum, homeless households are not screened out based the following criteria: ■ Having too little income or no income ■ Having poor credit or financial history ■ Having poor or lack of rental history ■ Being involved with the criminal justice system ■ Having active or history of alcohol and/or substance abuse use ■ Having been impacted or affected by a crime. ■ The type or extent of disability-related services or support that are needed. ■ Lacking ID or proof of U.S. Residency Status ■ Other behaviors that are perceived as indicating a lack of"housing readiness," including resistance to receiving services. o Households are not terminated from the project for the following reasons: ■ Failure to participate in supportive services or treatment programs. ■ Failure to make progress on a housing stability plan. ■ Alcohol and/or substance use in and of itself is not considered a reason for termination. ■ Households residing in emergency shelters must not be exited to homeless due to reaching maximum stay limit. o If household is terminated from a low barrier project due to violating rules focused on maintaining a safe environment, there must be a process in place for the household to be considered for reenrollment if the household demonstrates unsafe behavior is unlikely to re-occur (i.e engaged in new treatment plan, mental health services, medical care, etc.) Reporting All Programs- additional reporting: • Required monthly report(s) o HUD 225 Data Quality Report (PDF format preferred)- provide a separate report for each program operated in HMIS. o Program OUTS 101 for emergency shelters, permanent support, rapid rehousing, and transitional housing programs. o Rapid Re-housing monthly enrollment report. • Quarterly Performance Report- required. Submit action plans for any project that does not meet the performance target. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2024. CONTRACTOR MASON COUNTY Susan Kirchoff Randy Neatherlin, Chair Executive Director Mason County Board of County Commissioners 4 Contract Between Mason County and Panza (DBA Quixote Communities) Professional Services Contract #23-068 Amendment # 2 IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Consolidated Homeless Grant 2. AMENDMENT TERM: July 1, 2024, through June 30, 2025 3. TOTAL FY25 AWARD: Budget Category Current Amount Amended Amount Total New Budget Inflationary Costs 2025 0 $7,131 $7,131 4. ALLOWABLE EXPENSES Additional funding for temporary wage stimulus to reduce economic hardship among current Homeless Service Provider Workers to maintain services and improve employee retention. Priority 1: $3,075 for temporary wage stimulus for eligible homeless service provider workers • HSP Workers must perform work in Mason County and earn less than 80% AMI. • Agencies must award funds in an equitable manner among employees that is consistent with agency policies and procedures. Priority 3: $4,056 for training supports • Employee training costs for 3 staff to attend the Housing Washing Conference • Funds to support mileage to and from the training • Other costs associated with the training must be pre-approved by the county. • Exam fees for up to 3 employees to become a HUD Certified Housing Counselor. 5. INVOICE: Reimbursable expenses and back-up documentation must be included with each invoice. Invoices are due by the 15'" of each month. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2024. CONTRACTOR MASON COUNTY Colleen Carmichael Randy Neatherlin, Chair Executive Director Mason County Board of County Commissioners 1 MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING July 8, 2024 Action Items• Discussion Items: • E. Rasor Road&E. Alderwood Preliminary RID Boundary maps • Skokomish restoration effort progress • Commerce Grant—Bremerton Mason County Sewer Expansion Project Commissioner Follow-Up Items: Upcoming Items: E RASOR RD PRELIMINARY RID BOUNDARY 152 Parcels within the Preliminiary RID Boundary pJ� E JUDY LN o � w � W O U W E BRIER LN J O �O O� E BLAKE RD 2 E HEMIN GWAY LN v E ALTA DR E NORTH MASON SCHOOL RD NX o� 4k, I► o 'Ao Ga ti Qi �O E CEDAR ST �, IC-1� >lL3 v � �- J W W I o� E HIPPIE HILL RD g E OLYMPIC VIEW ST EV EREAV X RD a Devereaux La lee 1 \ GGGG7OOOGG� n u n n u ❑ - 0 A, ❑ ' ❑ I'/w ❑ r�O 0 0 o° qj o 000 •�qj °° a °° � z W ° o° & d o° LU W o Q� �o e� •' Legend F J z Preliminary RID Boundary pt/ 152 Parcels W m W �P5 �t. Road W E LABRADOR LN �\ E RICHARDSON RD E SODERBERG RD E STERLING DR 0 0. 125 0.25 0.5 0.75 1 Miles LU / W I Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan,METI, Esri China(Hong Kong), Esri Korea, Esri(Thailand), NGCC, (c)OpenStreetMap contributors,and the GIS rnunit E RASOR RD & E ALDERWOOD RD PRELIMINARY RID BOUNDARY 191 Parcels within the Preliminiary RID Boundary pJ� \ E JUDY LN o � w UJ W E BRIER LN °°° �O o �Q) �O E BLAKE RD °off HE MINGWAY LN Z� � E ALTA DR / 1 E NORTH MASON SCHOOL RD V O � , ��- CO (go OG \ 4 La Fc `ate 9 � -co O HERO t5 za •� 'o �Iiiin�E CEDAR ST I�-ZJ z J J W W � I- o° E HIPPIE HILL RD g r O� E OLYMPIC VIEW ST D EV EREAV X RD 0 Devereaux La ke 1 F 1 n u n u u ❑ n u n ❑ O ❑ \ u Li n <��F 0 �n �Q o° o° 0 o -I o° °o a 4z -Cp o° o° 8^ J J O oo° 0� W u W vUJ oo° Q H W c v° o00 o° 00 o° vo o° o° Legend z Rasor and Alderwood RID Project Road W m W �P5 ,L Parcels k/ E: E LABRADOR LN E RICHARDSON RD E SODERBERG RD r E STERLING DR 0 0. 125 0.25 0.5 0.75 1 Miles LU ISources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China(Hong Kong), Esri Korea, Esri(Thailand), NGCC, (c)OpenStreetMap contributors,and the GIS User Comrnunit ,p Mason County Administrator V � CCU 411 North 5t" Street Shelton, WA 98584 360.427.9670 ext. 419 MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR July 8, 2024 • Specific Items for Review o FY22 — Reallocated Emergency Management Performance Grant (EMPG) contract E25-042. Performance period is January 1, 2024—September 30, 2024 -John • Administrator Updates • Commissioner Discussion J:ACami\Briefing\SS -2024-07-08.docx C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): July 8,2024 Agenda Date: July 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• FY22—Reallocated Emergency Management Performance Grant(EMPG)contract E25-042. Performance period is January 1,2024—September 30,2024. Background/Executive Summary: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The EMPG grant is a yearly reimbursable grant we have been receiving since 2007. The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. We were notified that there was leftover EMPG funding that was being reallocated and applications could be submitted for this competitive funding.Mason County submitted two projects and both were selected and placed under one contract. The grant funding will support the purchase of two(2)additional CERT trailers and supplies to standardize and expand our CERT program. This grant will fund equipment to support the MCSO Mobile Incident Command Post communications project. The grant paperwork has been reviewed by the Mason County Prosecuting Attorney's Office as to form. Budget Impact(amount,funding source,budget amendment): Increase 2024 budget revenue for Emergency Management and spending authority for the grant amount $51,120. Public Outreach(news release,community meeting,etc.): N/A C Mason County Agenda Request Form Y /A t! Requested Action: Review and approve the FY22 EMPG Reallocation grant contract E25-042. Attachments: Homeland Security Grant Agreement#E25-042. Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: Mason County $51,120 E25-042 Division of Emergency Management(DEM) 100 W Public Works Drive Shelton,WA 98584-9714 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Tammi Wright, 360-427-9670 x800 January 1, 2024 September 30,2024 tammiw@co.mason.wa.us 7. Department Contact, phone/email: 8. Unique Entity Identifier(UEI): 9. UBI#(state revenue): Jocelyn Overby,253-512-7226 SNAXPBGW4VR4 232-002-101 jocelyn.overby@mil.wa.gov 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S. Department of Homeland Security(DHS) 11. Federal Award ID#(FAIN): 12. Federal Award Date: 13.Assistance Listings#&Title: EMS-2022-EP-00006-S01 08/23/2022 97.042 22EMPG 14. Total Federal Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN: $8,625,483 723PT NZ 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 35 Mason Certified: ❑X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 6, 10 ❑ YES, OMWBE# 20.Agreement Classification: 21. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services ❑X Public/Local Gov't ❑ Contract ❑X Grant ❑X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply): ❑X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A ❑X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ❑X SUBRECIPIENT ❑ OTHER 24. PURPOSE& DESCRIPTION: The purpose of the Fiscal Year (FY) 2022 Emergency Management Performance Grant (22EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 22EMPG DHS Award Letter for Grant No. EMS-2022-EP-00006- S01 ("Grant"),which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet;Special Terms&Conditions(Attachment A); General Terms and Conditions(Attachment B);22EMPG Award Letter EMS-2022-EP-00006-S01 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Mark Neary, County Administrator Washington State Military Department Mason County BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Dierk Meierbachtol August 1, 2022 Assistant Attorney General Signature Date DHS-FEMA-EMPG-FY22 Page 1 of 40 Mason County, E25-042 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Tammi Wright Name Jocelyn Overby Title Senior EM Planner Title Program Coordinator Email tammiw@co.mason.wa.us Email jocelyn.overby@mil.wa.gov Phone 360-427-9670 x800 Phone 253-512-7226 Name John M. Taylor Name Peter Drance Title Emergency Management, Parks & Title Program Manager Recreations Manager Email jtayfor@masoncountywa.gov Email peter.drance@mil.wa.gov Phone 360-427-9670 x806 Phone 253-929-4427 Name Diane Zoren Name Sierra Wardell Title Central Services Manager Title Financial Operations Section Manager Email dlz@co.mason.wa.us Email sierra.wardell@mil.wa.gov Phone 360-427-9670 x747 Phone 253-512-7121 Name Grant Miller Title Program Assistant Email grant.miller@mil.wa.gov Phone 253-512-7061 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 22EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2022 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document, Version 3, May 2022 (the Manual), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 22EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 22EMPG funds, including, but not limited to, those contained in 2 CFR 200. DHS-FEMA-EMPG-FY22 Page 2 of 40 Mason County, E25-042 ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 22EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2022 Emergency Management Performance Grant (EMPG) document, the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 22EMPG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VI to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at .https://www.gsa.go , and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reim bursements(a-mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention DHS-FEMA-EMPG-FY22 Page 3 of 40 Mason County, E25-042 requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or(2)written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline)will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent(10%)of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace(supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. DHS-FEMA-EMPG-FY22 Page 4 of 40 Mason County, E25-042 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes,when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. Description of the property B. Manufacturer's serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11) D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box 13) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property.Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, DHS-FEMA-EMPG-FY22 Page 5 of 40 Mason County, E25-042 when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of$5,000 or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the grant program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/qrants/guidance-tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program; the AEL includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under the grant program, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.cisa.gov/safecom/funding, ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: DHS-FEMA-EMPG-FY22 Page 6 of 40 Mason County, E25-042 i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: iv. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); V. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); vi. Telecommunications or video surveillance services provided by such entities or using such equipment; or vii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. g. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the DHS-FEMA-EMPG-FY22 Page 7 of 40 Mason County, E25-042 proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. C. Monitoring activities may include, but are not limited to: viii. Review of financial and performance reports ix. Monitoring and documenting the completion of Agreement deliverables X. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), a-mails and correspondence A. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements xii. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations xiii. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. DHS-FEMA-EMPG-FY22 Page 8 of 40 Mason County, E25-042 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive federal preparedness funding from the Department, the Subrecipient must achieve, or be actively working to achieve, all of the NIMS Implementation Objectives located at https://www.fema.gov/emergency-managers/nims/implementation-training. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the grant program is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. b. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. C. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget(Attachment F). To meet matching DHS-FEMA-EMPG-FY22 Page 9 of 40 Mason County, E25-042 requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. d. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review(SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non-participation may result in withholding of funding under future grant years. e. Subrecipients shall participate in the State's annual Integrated Preparedness Planning Workshop (IPPW). Non-participation may result in withholding of funding under future grant years. f. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020- 04/Training Course Review and Approval IB Final 7 19 18.pdf, the training must fall within the FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. g. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/emergency-managers/nims/implementation-training (to include ICS- 100, ICS-200, IS-700, and IS-800 for most personnel) and ii. Either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS- 241, IS-242, and IS-244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. h. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. C. DHS TERMS AND CONDITIONS As a Subrecipient of 22EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 22EMPG Award Letter and its incorporated documents for the Grant, which are incorporated and made a part of this Agreement as Attachment C. DHS-FEMA-EMPG-FY22 Page 10 of 40 Mason County, E25-042 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. e. "Stakeholders Preparedness Report(SPR)" The SPR is an annual three-step self-assessment of a community's capability levels based on the capability targets identified in the THIRA. f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.1 for all other purposes. g. "Threat and Hazard Identification and Risk Assessment (THIRA)" The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or(2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. DHS-FEMA-EMPG-FY22 Page 11 of 40 Mason County, E25-042 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/reguiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (https://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List(https://www.des.wa.gov/services/contracting- purchasing/doing-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-FY22 Page 12 of 40 Mason County, E25-042 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and DHS-FEMA-EMPG-FY22 Page 13 of 40 Mason County, E25-042 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part DHS-FEMA-EMPG-FY22 Page 14 of 40 Mason County, E25-042 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for Infrastructure Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. DHS-FEMA-EMPG-FY22 Page 15 of 40 Mason County, E25-042 A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of(1) the Department, and (2)the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, DHS-FEMA-EMPG-FY22 Page 16 of 40 Mason County, E25-042 mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number(formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right DHS-FEMA-EMPG-FY22 Page 17 of 40 Mason County, E25-042 of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three(3)years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" DHS-FEMA-EMPG-FY22 Page 18 of 40 Mason County, E25-042 means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 OR Contracts.Office@mil.wa.gov The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right. If the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of"no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and DHS-FEMA-EMPG-FY22 Page 19 of 40 Mason County, E25-042 expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1)was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. DHS-FEMA-EMPG-FY22 Page 20 of 40 Mason County, E25-042 If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for(i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and encourage minority-owned and women-owned business enterprises who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical MWBE participation goals have been established, and are indicated herein: Minority Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. DHS-FEMA-EMPG-FY22 Page 21 of 40 Mason County, E25-042 A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY22 Page 22 of 40 Mason County, E25-042 Attachment C 22EMPG Award Letter EMS-2022-EP-00006-SO1 ***Let* U.S. Department of Homeland Security V�vPLR Washington,D.C.20472 x �l4ND SSG Bret Daugherty Washington Military Department Building 20 Camp Murray,WA98430-5122 Re: Grant No.EMS-2022-EP-00006 Dear Bret Daugherty: Congratulations, on behalf ofthe Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY)2022 Emergency Management Performance Grants has been approved in the amount of$8,625,483.00. As a condition of this award,you are required to contribute a cost match in the amount of$8�25,483.00 of non-Federal funds, or 50 percent of the total approved project costs of$17.250,966.00. Before you request and receive any of the Federalfunds awarded to you,you must establish acceptance of the award. By accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2022 Emergency Management Performance Grants Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https://portal.fema.gov. Step 2:After logging in,you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu,select the Application sub-menu, and then click the link for"Award Offer Review"tasks.This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench)to reviewthe Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management(SAM): Grant recipients are to keep all of their information up to date in SAM,in particular, your organization's name,address, Unique Entity Identifier (UEI) number,EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMAawards. Future paymentswill be contingent on the information provided in the SAM;therefore, it is imperative that the information is correct.The System for Award Management is located at http:/Amww.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS) know as soon as possible.Thiswill help usto make the necessary updates and avoid any interruptions in the payment process. DHS-FEMA-EMPG-FY22 Page 23 of 40 Mason County, E25-042 PATRICK GERARD MARCHAM DHS-FEMA-EMPG-FY22 Page 24 of 40 Mason County, E25-042 Agreement Articles U.S. Department OfHomeland Security a \�mshin�on.D�� 20472 AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: VVaohingtonk1i|i1mreDepmrImen1 PROGRAM: Erne/0eucy 1-0aum0ernentPerforr-riance Grmnto AGREEMENT NUMBER: El-v1S'2O22EP'OOOOG'SO1 TABLE OF CONTENTS Article | DHS Standard Torrnoand CondihonoSene/mU� f\rtin|oU Assurances.f\dminiaVotiveRequiremento.CoMPrinciples, Representations and Certificm1iona Article III General 4uknmv|ed8ements and Assurances Artide |V Amkno*|ed8ornent of Federal Funding from OHS Article AcdvbieoCunductedAbmmd Article VI Age Discrimination Act of197F Arlide\4| Americans with Diambi|bieaActof190O Article\4|| Beot Practices for Collection and Uoe o/ Pe/aonmUy |dentifiob|e |ufo/mmtiou Article IX Cpi| Righto. tof18G4 Tit|e \4 Article Civil Rights Act of19G8 Article XI Copyright �rtidoXU Debarment and Suspension ArtidoXU| Dm8'Fieo|%trkp|mceRegulations DH8'FEMA'EK4P{-FY22 Page 25of4O Mason County, E25-042 Article XIV Duplication of Benefits Article XV Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX Article XVI Energy Policy and Conservation Act Article XVII False Claims Act and Program Fraud Civil Remedies Article XVIII Federal Debt Status Article XIX Federal Leadership on Reducing Text Messaging while Driving Article XX Fly America Act of 1974 Article XXI Hotel and Motel Fire Safety Act of 1990 Article XXII John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article XXIII Limited English Proficiency(Civil Rights Act of 1964-Title VI) Article XXIV Lobbying Prohibitions Article XXV National Environmental Policy Act Article XXVI Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article XXVII Non-Supplanting Requirement Article XXVIII Notice of Funding Opportunity Requirements Article XXIX Patents and Intellectual Property Rights Article XXX Procurement of Recovered Materials Article XXXI Rehabilitation Act of 1973 Article XXXII Reporting of Matters Related to Recipient Integrity and Performance Article XXXIII Reporting Subawards and Executive Compensation Article XXXIV Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article XXXV SAFECOM DHS-FEMA-EMPG-FY22 Page 26 of 40 Mason County, E25-042 Article XXXVI Terrorist Financing Article XXXVII Trafficking Victims Protection Act of 2000(TVPA) Article XXXVIII Universal Identifier and System of Award Management Article XXXIX USA PATRIOT Act of 2001 Article XL Use of DHS Seal, Logo and Flags Article XLI Whistleblower Protection Act Article XLII Environmental Planning and Historic Preservation(EHP) Review Article XLIII Applicability of DHS Standard Terms and Conditions to Tribes Article XLIV Acceptance of Post Award Changes Article XLV Disposition of Equipment Acquired Under the Federal Award Article XLVI Prior Approval for Modification of Approved Budget Article XLVII Indirect Cost Rate Article I -DHS Standard Terms and Conditions Generally The Fiscal Year(FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions. Article II -Assurances,Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances- Non-Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement,recipients,andtheirexecutives,as defined in 2 C.F.R.section170.315, certifythat their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article III-General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information,facilities, and staff. DHS-FEMA-EMPG-FY22 Page 27 of 40 Mason County, E25-042 I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30)days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2)years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS.The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article IV-Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article V-Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VI-Age Discrimination Act of 1976 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135(1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article VII-Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 -12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article VIII-Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information(PII)are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PI I they collect. DHS defines PI as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article IX-Civil Rights Act of 1964-Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as amended at 42 U.S.C. section 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity DHS-FEMA-EMPG-FY22 Page 28 of 40 Mason County, E25-042 receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article X-Civil Rights Act of 1968 Recipients must comply with Title VI I I of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability,familial status, and sex(see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e.,the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XI-Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship(including the award number)to any work first produced under federal financial assistance awards. Article XII-Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders(E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 G.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XIII-Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual)of 2 C.F.R. Part 3001,which adopts the Government-wide implementation(2 C.F.R. Part 182)of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988(41 U.S.C. sections 8101-8106). Article XIV-Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies;to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XV-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44C.F.R. Part19. Article XVI-Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94-163(1975) (codified as amended at 42 U.S.C. section 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XVII-False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733,which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812,which details the administrative remedies for false claims and statements made.) Article XVIII-Federal Debt Status DHS-FEMA-EMPG-FY22 Page 29 of 40 Mason County, E25-042 All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XIX-Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article XX-Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers(air carriers holding certificates under 49 U.S.C.)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXI-Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a. Article XXII-John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232(2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute -as it applies to DHS recipients, subrecipients, and their contractors and subcontractors-prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXIII-Limited English Proficiency(Civil Rights Act of 1964-Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: hops://www.dhs.gov/guida nce-published-he Ip-departme nt-su ppo rted-orga nizatio ns-provi de-mea ni ngful-access-people-I i mited and additional resources on http://www.lep.gov. Article XXIV-Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXV-National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXVI-Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social DHS-FEMA-EMPG-FY22 Page 30 of 40 Mason County, E25-042 services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article XXVII-Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant)funds that have been budgeted for the same purpose through non-federal sources. Article XXVIII-Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXIX-Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXX-Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272(1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXI-Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXII-Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIII-Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIV-Required Use of American Iron,Steel, Manufactured Products,and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act(BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and Budget(OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. DHS-FEMA-EMPG-FY22 Page 31 of 40 Mason County, E25-042 Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1)all iron and steel used in the project are produced in the United States--this means all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States; (2)all manufactured products used in the project are produced in the United States--this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3)all construction materials are manufactured in the United States--this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment,that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a)When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1)applying the domestic content procurement preference would be inconsistent with the public interest; (2)the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3)the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request.Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency(FEMA), existing waivers are available and the waiver process is described at "Buy America"Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act I FEMA.gov. Article XXXV-SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXVI-Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXXVII -Trafficking Victims Protection Act of 2000(TVPA) Trafficking in Persons: DHS-FEMA-EMPG-FY22 Page 32 of 40 Mason County, E25-042 Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference. Article XXXVIII-Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XXXIX-USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article XL-Use of DHS Seal,Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLI-Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XLII-Environmental Planning and Historic Preservation(EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act, National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article XLIII -Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article XLIV-Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the DHS-FEMA-EMPG-FY22 Page 33 of 40 Mason County, E25-042 award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions. Article XLV-Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. Article XLVI-Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5)to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article XLVII -Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. BUDGET COST CATEGORIES Personnel $4,529,534.00 Fringe Benefits $1,604,921.00 Travel $0.00 Equipment $10,000.00 Supplies $94,353.00 Contractual $10,598,626.00 Construction $0.00 Indirect Charges $405,086.00 Other $8,446.00 DHS-FEMA-EMPG-FY22 Page 34 of 40 Mason County, E25-042 Obligating Document for Award/Amendment la.AGREEMENT NO. 2.AMENDMENT NO. 3. 4.TYPE OF ACTION 5.CONTROL NO. EMS-2022-EP-00006-SO1 RECIPIENT AWARD SX00503N2022T, NO. SX00503N2022T N/A 6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS FEMA Finance Center Washington Military FEMA-GPD 430 Market Street Department 400 C Street,SW,3rd floor Winchester,VA 22603 Building 20 Washington,DC 20472-3645 Camp Murray,WA,98430- POC: 866-927-5646 5122 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 2535127456 Central Scheduling and Information Desk Tirzah Kincheloe Phone:800-368-6498 Email:Askcsid@dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 08/23/2022 OF 10/01/2021 09/30/2024 PAYMENT Budget Period PARS 10/01/2021 09/30/2024 1 5.DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON- NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XYXX-XXX-XXX=- AWARD THIS AWARD XX=-XXXX-XXXX-X ACTION +OR(-) Emergency 97.042 2022-FA-GA01-R107--4120-D $0.00 $7,560,609.00 $7,560,609.00 See Totals Management Performance Grants Emergency 97.042 2022-FE-GA01-R107--4120-D $0.00 $1,064,874.00 $1,064,874.00 See Totals Management Performance Grants $0.00 $8,625,483.00 $8,625,483.00 $8,625,483.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Sierra Wardell,Preparedness Grants Section Section Supervisor Fri Aug 26 21:02:34 GMT 2022 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Tue Aug 23 16:59:20 GMT 2022 DHS-FEMA-EMPG-FY22 Page 35 of 40 Mason County, E25-042 PATRICK GERARD MARCHAM, DHS-FEMA-EMPG-FY22 Page 36 of 40 Mason County, E25-042 Attachment D WORK PLAN FY 2022 Emergency Management Performance Grant Project Title Enhance and Maintain Mason County's CERT Program Expansion Core Capability Community Resilience ow does this project support the goals of the EMO's emergency management program? Mason County is responsible to engage the endeavors of government,volunteer, and private agencies to respond to the entire spectrum of emergency management needs in a coordinated manner. Mason County Emergency Management is proud to have re-energized two CERT groups and create two additional CERT groups, and are currently organizing one additional CERT group all within the past two years. Our CERT program enables individuals and communities to plan for, enhance communications, create risk assessments, and address urgent and emergent issues to quickly recover from future events/incidents.This project will augment support for five CERT groups with standardized equipment and supplies. Mason County is identified as an outdoor recreational destination located between two larger counties and serves as a bedroom community.The county has numerous water bodies and mountainous recreational areas, that divides our communities. We have isolated areas of population during severe weather, such as, winter storms, landslides, wind storms, and other emergent incidents that affect and interrupt local, county and state transportation corridors and routes used by first responders. As we build our CERT programs,we address isolated communities by providing communications equipment,tools,training and operations that safeguard life, property, and the environment, at the lowest level possible. During these times of isolation, CERT groups support local first responder agencies and their mission to serve the public. Mason County has recently created a dual fire jurisdiction CERT group to serve the westside of the Hood Canal, with an additional CERT group for the south county. The Hood Canal area is consistently impacted due to its elevation. Snow and windstorms engage local HOAs to care for themselves. CERT brings these groups together to create a standardized trained, skilled and organized group of first responders. What is the desired outcome of the project? This project will outfit one of our newly formed Hood Canal CERT group, serving the northwest portion of Mason County.These community areas that include Eldon, Lilliwaup, Colony Surf, Hoodsport, and Lake Cushman who have joined forces with the assistance of two fire districts.These areas are isolated, due to elevations and vulnerable road access/egress during snow and windstorms.This project will also assist with our next CERT group in the south county. The south group is currently being organized and training has been scheduled this Spring. South Mason areas include: Arcadia, Kamilche, Squaxin Island Tribe and the City of Shelton.The core goals of CERT is to protect yourself,your family,your neighborhood, and prepare to respond to affected areas. Mason County CERT programs, utilize non- power, non-petroleum dependent equipment.This project would fund two small trailers with hand held tools and equipment. Examples include solar power generators (allowing recharging of numerous devices), hand saws, radio equipment, hand-driven hydraulic tools, light search and rescue equipment, PPE,shelf stable food and water. Our CERT inventory is not reliant on power or fuel. How will successful completion be measure All Mason County CERT groups report volunteer hours of meetings,training, exercises, and operations. During COVID, volunteer hours dropped across the nation. Currently our county CERT groups provide 42 to 100 volunteer hours per group per month.Additionally, our goal is to have our CERT members become state emergency workers.This has added both additional training hours, and allows additional personal liability and allows reimbursement for damaged or lost goods.This is a surprising benefit to our volunteers.Though CERT is considered an all-volunteer force, during times of declaration, CERT members can be reclassified as disaster reservists, which creates financial stability and sustainability of a first responder force. How does this project support community and/or stakeholder collaboration to foster a culture of preparedness and resilience? DHS-FEMA-EMPG-FY22 Page 37 of 40 Mason County, E25-042 CERT groups by nature expand disaster preparedness and resiliency to their neighbors through "Mapping your Neighborhood" and "Prepare for Disasters" and are present at neighborhood and community outreach events. As Mason County expands its CERT groups, all groups share their training calendars and welcome each others groups to participate.These interactive training courses have been planned by CERT leaders with county personnel in attendance. Face-to-face contacts and various social media outlets has proven to gain interest and applications to become CERT members.All Mason County CERT groups have agreed to mutual aid response, should a particular area have a need. Annual events, such as Thunder Run, has enhanced the all-county CERT training.Thunder Run is an annual full-scale exercise bringing in food products via the aviation community to supply multiple counties with food products,that make its way to area food banks.This exercise is international, state and county-wide for several west and eastside counties of the state. Project Titl Mobile Incident Command Post Interoperability Core Capabilit Operational Communications How does this project support the goals of the EMO's emergency management program? In partnership with the Mason County Sheriff's Department,the aforementioned Mobile Incident Command Post is a joint asset with Mason County Emergency Management.Through community donations MCSO has obtained a 32' Incident Command Vehicle to coordinate on-scene incidents and all hazard disasters. When working with multi- jurisdictions and multi-disciplines,this asset facilitates interoperability of communications reducing the existing roadblock to safe, effective operations during Mason County emergencies and disasters,which includes, but is not limited to active shooter, all hazard disasters, and other events. By adding the proposed interoperability networking hardware,we would be able to mesh existing portable radios across all frequency bands and eliminate the issues that arise. In addition, Mason County is installing satellite communications to ensure continuous operations under any condition.The ability to link civilian, military, law enforcement, public works, and fire service responders on one common network without having to purchase and maintain scores of various portable radios is critical in our rural jurisdiction.This activity directly corresponds with the Operational Communications Core Capability under the Response Mission Area. What is the desired outcome of the project? The desired outcome will be the purchase and installation of the Sytech Rios system, allowing us to patch radio systems together for seamless integration of partnering agencies into an ad-hoc network. Our jurisdiction's emergency and first responders,for example law enforcement operate on the UHF band, while our Fire Districts and all surrounding jurisdictions operate on VHF or 800mhz bands, making in the field communications extremely difficult during all hazard, multi-jurisdictional and multi-discipline incidents.The proposed system will eliminate the interoperability issue. How will successful completion be mJER Successful implementation will be qualitatively measured through enhancement in communications performance through exercises, planning community events, and real life incidents. How does this project support community and/or stakeholder collaboration to foster a culture of preparedness and resilience? Due to Mason County's geographical makeup, consistent issues continue to degrade Mason County's ability to fully engage with our regional partners. With the disparity in communication systems,we cannot communicate with our regional stakeholders and partners to provide the best possible response to our community when emergencies or disasters occur, which include assistance provided to our regional partners.As a rural jurisdiction, partnerships and interoperability are key when dealing with large scale incidents and disasters.This is a hurdle that was financially and technologically out of our reach until now.This Grant opportunity will allow the Sheriff's Office and Emergency Management the ability to afford this critical piece of communications infrastructure. DHS-FEMA-EMPG-FY22 Page 38 of 40 Mason County, E25-042 Attachment E TIMELINE FY 2022 Emergency Management Performance Grant DATE TASK January 1, 2024 Grant Agreement Start Date September 30, 2024 Grant Agreement End Date November 14, 2024 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the above Timeline. DHS-FEMA-EMPG-FY22 Page 39 of 40 Mason County, E25-042 Attachment F BUDGET FY 2022 Emergency Management Performance Grant 22EMPG AWARDI $ 51,120.00 SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Personnel &Fringe Benefits $ - $ - z Travel/Per Diem $ - $ - Z Supplies $ - $ Z Consultants/Contracts $ - $ a.a. Other $ - $ Subtotal $ - $ Z Personnel &Fringe Benefits $ - $ 42,094 0 Travel/Per Diem $ - $ - t:! Supplies $ 5,844 $ 9,100 Q Z Consultants/Contracts $ 9,999 $ I(D Other $ 3,001 $ - 0 Subtotal $ 18,844 $ 51,194 Personnel &Fringe Benefits $ - $ - N Travel/Per Diem $ $ ovc Supplies $ - $ - X Consultants/Contracts $ - $ - u' Other $ - $ - Su btota 1 $ - $ - Personnel & Fringe Benefits $ - $ - Z Travel/Per Diem $ - $ - Z Supplies $ - $ - Q Consultants/Contracts $ - $ - H Other $ - $ - Subtotal $ - $ - Equipment $ 32,276 $ - "' Subtotal $ 32,276 $ Personnel & Fringe Benefits $ - $ - Travel/Per Diem $ - $ - Q Supplies $ - $ off - Consultants/Contracts $ - $ - Other $ - $ - Subtotal $ - 1 $ - Indirect $ - $ - Indirect Cost Rate on file 0.00% for Time Period of. N/A TOTAL Grant Agreement AMOUNT: $ 51,120 $ 51,194 The Subrecipient will provide a match of$51,120 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). Cumulative transfers to budget categories in excess of ten percent(10%)of the Grant Agreement Amount will not be reimbursed without prior written approval from the Department. Funding Source: U.S. Department of Homeland Security - PI# 723PT— EMPG DHS-FEMA-EMPG-FY22 Page 40 of 40 Mason County, E25-042 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED PROJECT DESCRIPTION CONTRACT NUMBER 1 . AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE L- 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE \\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contract with the Military Department (MD). Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1 . Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your MD Program Manager.