HomeMy WebLinkAbout2025/11/17 - Briefing Packet Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted
via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th Street, Shelton, WA
98584; or phone at (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via
telephone, please provide your telephone number to the Commissioners’ office no later than 4:00 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 11/13/25 at 12:21 PM
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of November 17, 2025
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, November 17, 2025
Zoom link available on the Mason County website
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
10:00 A.M. Community Development - Kell Rowen
10:25 A.M. Public Health - Dave Windom
10:35 A.M. District and Superior Courts – Paddy McGuire
10:45 A.M. Auditor - Steve Duenkel
10:55 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
11:05 A.M. Support Services – Travis Adams
Commissioner Discussion – as needed
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Marissa Watson Ext: 367
Community Development ☒
Action Agenda: ☒
Public Hearing: ☐
☐
Briefing Date(s): November 17, 2025 Agenda Date(s): November 25, 2025
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
Item: Mason County 2025 Draft Comprehensive Plan Periodic Update
Background/Executive Summary: The BOCC has reviewed the Planning Advisory Recommendations
on the Draft Comprehensive Plan Periodic update during their joint PAC and BOCC meeting of October
20, 2025. Staff also provided a high-level review of substantive changes to the 2025 Mason County
Comprehensive Plan at a BOCC work session on November 10, 2025. Staff is now requesting discussion
and setting the topic of a public hearing on the action agenda.
Staff is also including responses to the last comment letter that was submitted by Jeff Carey regarding the
Comprehensive Plan draft that was reviewed on September 15, 2025. Staff can provide further
clarification on responses during briefing, if needed.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): None
Public Outreach: The public participation summary can be reviewed on the 2025 Comprehensive Plan
Update project page. All meetings have been advertised in the Journal, on the project webpage, and to
members of the notification list.
Requested Action: Discuss setting a public hearing for the Mason County 2025 Draft Comprehensive
Plan Periodic Update materials, requesting approval to place notice of hearing on the action agenda for
November 25, 2025.
Attachment(s): Attachment A: PAC member Jeff Carey’s latest comment letter (submitted to staff) with
staff response, Attachment B: public works additional information submitted to planning department, and
Notice of Hearing.
ATTACHMENT A: INCLUDES STAFF RESPONSE (11/12/25)
JLC’s Summary Of Thoughts 270 Page Draft 2025 Comp Plan:
The following list is broken down into 3 sections:
• General overview of my concerns, Opinions & Comments
• Administrative Updates
• Detail List of corrections Since 09/15/2025 PAC Meeting
General overview of my Opinions /Comments & Observations:
• In reviewing both the 08/08/25 & the Sept. 2025 drafts of the 2025 of the proposed 2025-45
comprehensive plan.
o The draft is organized and laid out better than the previous 2016-36 Comp Plan.
o The draft is much easier reading the than the previous 2016-36 Comp Plan.
• A a result of the cleaning up and better organizing the Comp Plan it allows me to see and identify
existing short coming and/or errors within the plan much easier.
o For example where I have pointed out that the current draft of the Comp Plan not meeting some
state RCW’s:
Like RCW 36.70A.070 section 1 addressing & planning related to wildfires.
See following text of the RCW. “ The land use element must reduce and mitigate the risk
to lives and property posed by wildfires by using land use planning tools, which may
include, but are not limited to, adoption of portions or all of the wildland urban interface
code developed by the international code council or developing building and maintenance
standards consistent with the firewise USA program or similar program designed to
reduce wildfire risk, reducing wildfire risks to residential development in high risk areas
and the wildland urban interface area, separating human development from wildfire prone
landscapes, and protecting existing residential development and infrastructure through
community wildfire preparedness and fire adaptation measures.”
The plan simply ignores this portion of the land use element.
For me, as planning advisory commission member this is not acceptable.
Staff Response: This topic was discussed with the PAC. The state paused this requirement
with separate legislation that requires the state to update the fire hazard mapping prior to
WUI adoption. DCD plans on bringing forth the Wildland Urban Interface code for adoption
and evaluating our development regulations for needed updates when the mapping has
been accepted. Note the RCW gives the County flexibility on how we address reduction and
mitigation and says that one method of satisfying this is by “adoption of portions or all of the
wildland urban interface code”.
Like RCW 36.70A.070 section 3 planning related to a capital facilities plan element along
with its concurrency with land use & population growth. See following text of the RCW.
A capital facilities plan element consisting of: (a) An inventory of existing capital
facilities owned by public entities, including green infrastructure, showing the locations
and capacities of the capital facilities; (b) a forecast of the future needs for such capital
facilities; (c) the proposed locations and capacities of expanded or new capital facilities;
(d) at least a six-year plan that will finance such capital facilities within projected funding
ATTACHMENT A: INCLUDES STAFF RESPONSE (11/12/25)
capacities and clearly identifies sources of public money for such purposes; and (e) a
requirement to reassess the land use element if probable funding falls short of meeting
existing needs and to ensure that the land use element, capital facilities plan element, and
financing plan within the capital facilities plan element are coordinated and consistent.
Park and recreation facilities shall be included in the capital facilities plan element.
• For example: We have no plan to address sewer capacity for the next 20 years
for either the NBCI or the Belfair Waste Water systems.
• Another example is the are no plans to bring sewer to any portion of the Shelton
UGA.s and we have not had one for the last 20 plus years for serving the Shelton
UGA.
o So if we where to address & follow the RCW we should be addressing
sub section “e” of the RCW. We have not even addressed the financing of
serving the Shelton UGA let alone create a plan for servicing the UGA.
Staff Response: Regarding the capital facilities element and requirements; in addition to
what is already included in the draft Capital Facilities, Financing, and Utilities chapter,
public works has provided the inventory information that is attached to this staff
response document. (See attachment B).
Staff Response: Regarding bullet point one, the County will have a sewer system plan
for the NBCI system which will update the information that is being requested, it has
been communicated that the update of the system plan and the update of this
Comprehensive Plan cycle do not exactly coincide. Information on the Belfair Waste
Water system has been provided in the draft and as outlined in attachment B. Any
additional information on that system would have to be provided by public works.
Regarding bullet point two, the County does not own nor manage the sewer system that
would serve the Shelton UGA, that is the city’s system and would and is within their
Capital Facilities Plan. The County and City coordinate on any projects that would
require extension of the system, but the system management and financing are not
required to be in the County plan.
• The PAC has not seen a draft of the city of Shelton’s Comp Plan & how it interlaces and complements
with the county’s Comp Plan.
Staff Response: PAC members are free to view the city’s plan anytime, they are also free to attend
meetings. We form the Countywide Planning Policies in coordination with the city at the beginning of the
Comp Plan update process and this helps to establish even ground rules regarding issues that require the
city and county to be on the same page, for example the topic of annexation. The PAC is not responsible
for personally reviewing and commenting on the city’s plan.
• Observation: Most if not all these goals in chapter 10 need major reworking & reanalysis at a financial
as well as a social level along with some real prioritization. From PAC stand point chapter 10 needs a
reality check with the citizens of Mason County.
Staff Response: Opinion noted, the PAC was given time when the chapter first came forward and again
when the full draft came forward to make revisions and suggestions on policies. Also, staff wants to note
that Jeff C, submitted this observation prior to the PAC reviewing, at their 9.29.25 meeting, a spreadsheet
ATTACHMENT A: INCLUDES STAFF RESPONSE (11/12/25)
of policy suggestions and revisions, which were a good majority of the Chapter 10 policies. The PAC then
voted on these changes. At this point, I would rely on the BOCC to make any other revisions to Chapter 10
policies and note that many of the policies within the Comp Plan would have to receive additional level of
review in order to gauge the feasibility of enacting regulations, programs, strategic plans, etc. The
Comprehensive Plan is a wish list of which the board of county commissioners then evaluate further and
prioritize.
• Observation: Overall the draft 2025-45 Comp Plan in general seems to talk about issues but does not
state what action needs to be addressed or taken.
Staff Response: The Comprehensive Plan creates a framework encompassing the current conditions and
how the County already addresses topics within the realm of land use, rural and urban environments,
natural resources, economic development, etc. The “Goals” and “Policies” are crafted to address short
comings, community desires, and so forth, thus the goals and policies are the “actions” that were
recommended. Some of these recommendations were pulled from the existing plan, some
recommendations were suggested by the consultant to address specific mandated requirements, some of
the recommendations are from the public, and the final product is what the PAC recommended for
approval, not just at the public hearing but throughout the process when staff brought each chapter forward
and requested the PAC focus on policy formation and revision as priority.
• Observation: The 2025 Comp Plan is failing to address the more recent slow down in population
growth
Staff Response: The initial research and drafting of the technical pieces such as the community profile and
housing needs assessment are based on the data that is officially published at the time of drafting, sources
such as OFM, ACS, and BLS. Unfortunately, staff and the consultant can not continually update the
background data throughout the process.
Staff also finds this observation somewhat vague, the tables reflecting population growth do show the slow
down from other decades and note that in the narrative. How does the commissioner want to address slow
down in population gain? We are still tasked with making sure we have sufficient UGA capacity and the
correct zoning allowances for a various housing types.
List of Administrative Updates:
• All Tables & Figures that reference UGA’s need to consistent showing the following
o The county
o The City of Shelton
o The Shelton UGA
o The Allyn UGA
o The Belfair UGA
Staff Response: SCJ Alliance has done an additional review and clean up, and staff will review pre-
public hearing submittal.
• All tables & figures must have the same or very similar values thru all chapters related to land use,
population, & housing past, present and projections wise.
ATTACHMENT A: INCLUDES STAFF RESPONSE (11/12/25)
Staff Response: SCJ Alliance has done an additional review and clean up, and staff will review pre-
public hearing submittal. Request that the commentor provide exact tables and figures, if they perceive
additional issues.
• All tables & figures should not run across page boundaries.
Staff Response: SCJ Alliance has done an additional review and clean up, and staff will review pre-
public hearing submittal.
• If tables are too large for one page all following pages must have column titles.
Staff Response: SCJ Alliance has done an additional review and clean up, and staff will review pre-
public hearing submittal.
• The Sept. draft Comp Plan is still using at least two different layouts of the population trend forecast
chart. Chapter 2 page 29 needs to be the same as chapter 4 page 83, & chapter 9 page 130 . (Fig. 2-6
vs 4-9 vs 9.1).
Staff Response: Figure 4-9 and 9-1 are the same (2000 – 2045) and 2-6 looks at 2020 to 2045. Staff
can replace 2-6.
Detail List of corrections:
• Table 3-2 of the Sept 2025 version has a transportation acreage errors originating from the assessors
coding conventions issue.
Staff Response: Detail would have to be provided by the commentor; this seems like personal
knowledge and not something privy to staff and the consultant. Staff will note that the change in
transportation acres will not affect the outcome of the exercise which is to determine whether there is
enough capacity in the UGA to meet population growth and housing needs.
• Table 3-5 of the Sept 2025 version is not how other jurisdiction address dwelling capacity. Like
Thurston County.
Staff Response: Without being provided a specific example, staff will note that SCJ Alliance has
extensive experience in performing comprehensive plan updates as well as FCS Group providing
housing needs assessments. Thuston County is required to provide a buildable lands analysis as
outlined by RCW, Mason County is not.
• Section 3.3.1 population trends. The first sentence under net migration & etc. inaccurate for Mason
County.
Staff Response: The sentence indicated is “The main components of population change are births and
deaths; “decrease” is defined as the difference between live births and deaths.” This is a standard
definition, staff is unsure how to address further since there is not enough detail provided.
• Chapter 3 page 42 2nd paragraph 2nd sentence. This is not what has occurred over the past 20 years is
not what has happened.
Staff Response: Staff previously updated this sentence and it was missed, the current draft provided to
the BOCC has this section corrected.
ATTACHMENT A: INCLUDES STAFF RESPONSE (11/12/25)
• Chapter 3 page 44 1st paragraph 1st sentence. This is inaccurate for Mason County.
Staff Response: Historical trends show population growth has half going to UGAs and half to rural
lands, with the majority of the UGA growth occurring in the Shelton UGA, this information has been
updated as noted in the previous response. Not suggesting any change to this paragraph because it is
also talking about growth related to the size of the area, “concentration”.
• Page 45 chapter 3.3.3 Green Diamond lot retirement project needs a separate zoning designation for
the Conservation easements. When are we going to address this??
Staff Response: After further review of the land that is now enrolled, staff created a new “designation”
called Forest Legacy Lands. We have to update the mapping at the Future Land Use level since there
is acreage in Inholding Land and Long Term Commercial Forest as well as the Rural Lands. The
updated map has been provided to the BOCC.
This is it for today..
Jeff Carey
Current
Asbestos Cement PVC
BC WATER
25 Fire Hydrants
Mains
ATTACHMENT: B Public Works Inventory Sheets
Current
4 85
Fully Metered Connections
Residential Only
Reservoir
SOURCE INFORMATION
RW WATER
ATTACHMENT: B Public Works Inventory Sheets
Gravity Sewer Main Force Mains
LS 1 Next to HOA Cabana
LS 2 Madrona Parkway
ERU's
Process Capacity
RW WWTP
4300 LF of 8" Lined Concrete
Pipe and 3900 LF of 8"PVC Pipe 2"& 2.5"HDPE
ATTACHMENT: B Public Works Inventory Sheets
Gravity Sewer Main Force Mains
Name Location
Victor SR 302
Allyn Southern Trminus of North Bay Rd on E side
TPU E Rainier Dr
Trailer Park SR 3
Drum Street Corner of Drum and Sullivan Streets
Lakeshore Corner of E Channel Dr and Lakeshore Drive
Lakeland E Lakeland Drive
Old Ranch On E Old Ranch Rd. South of Homestead
Soderberg South of the Western Terminus of E Sterling Dr
Virgil Western terminus of Eugenia Ave
ERU's 1430
Process Capacity
Headworks 2.5 MGD
SBR .625 MGD
Disinfection 2.5 MGD
Storage Pond .365 MGD
Sprayfield .365 MGD
NBCI Wastewater
6', 8" & 12" PVC 2", 3", 5", 6", 8", 12" HDPE
ATTACHMENT: B Public Works Inventory Sheets
2.5 Miles Gravity Sewer Main 3.9 miles of Force Mains
8" to 42" PVC
Name Location
LS 1 SR3
LS 2 SR3
LS 3 Sunlit Canyon Road
LS 4 SR3
G1 Old Belfair HWY
ERU's 691
Headworks 1 MGD
Collections System
Pump Stations
Connections
Water Reclamation Facility
Belfair Wastewater
ATTACHMENT: B Public Works Inventory Sheets
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton,
WA 98584 on December 16, 2025 at 9:15a.
SAID HEARING will be to take public comment on the 2025 Mason County
Comprehensive Plan periodic update as required by RCW 36.70A. Said hearing will include the
Comprehensive Plan, Appendices including the 2026 – 2031 Capital Improvement Program,
Future Land Use Map, and Final Draft Environmental Impact Statement.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand”
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA
98584; or call (360) 427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, (360) 427-
9670 ext. 419.
DATED this 25 day of November 2025.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
__________________________________
McKenzie Smith, Clerk of the Board
Bill: 615 W. Alder Street
Shelton, Wa 98584
Cc: Commissioners
Department of Community Development
Shelton Journal: Publ. 2t: December 4, 2025 & December 11, 2025
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Melissa Casey Ext: 404
Public Health ☒
Action Agenda: ☒
Public Hearing: ☐
☐
Briefing Date(s): 6/9/25, 7/28/25, 9/22/25, 10/13/25,
11/3/25, 11/17/25 Agenda Date(s): 11/25/25
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☒ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
Item: ShelterWorks Cold Weather Emergency Shelter Subcontract
Background/Executive Summary:
The Department of Commerce contracts with Mason County directly to fund homelessness crisis response
systems and to assist people who are experiencing or are at risk of homelessness to obtain or maintain
housing. RCW 43.185C authorizes the local government’s responsibility to administer these funds. An
RFP was released for the operation of a cold-weather night-by-night emergency shelter, and the
recommendation to fund ShelterWorks has been previously reviewed and approved by the board.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
$154,025 from Department of Commerce Consolidated Homeless Grant Contract No: 26-46108-20
Public Outreach:
Followed the competitive bid process per Resolution No. 2025-015 to select the service provider;
Housing & Behavioral Health Advisory board scored the application and made funding recommendations
Requested Action:
Move to 11/25/25 action agenda for approval
Attachment(s):
ShelterWorks Subcontract
Professional Services Contract (rev 07/2025) Page 2
Special Terms and Conditions
CONTRACTOR agrees to the following: The award of funds does not guarantee that the
CONTRACTOR will receive funding if special conditions are not met. The following documents
are requirements and must be received within 30 days of the date of execution for the
CONTRACTOR to submit an invoice and receive funding. If the agency has provided these
documents under a previous contract, only updated documents need to be provided. For
tracking purposes, please notify COUNTY on each item stating “no updates” if this is the case.
1. CONTRACT REQUIREMENTS to receive funding:
a. Vendor Payment Form
b. Certificate of Insurance (see Exhibit B Insurance Requirements)
c. Hazardous Weather Response Plan
d. Exhibit E Attestation
e. Program Organization Chart
f. Cost Distribution Plan (if applicable)
g. Policies & Procedures related to avoiding Duplicate Billing for programs that may
share clients or are dual enrolled in other programs
2. Consolidated Homeless Grant funding must be prioritized for preserving and maintaining
existing programs and service levels, as reported to Commerce in the SFY 2024 Annual
Expenditure Report.
Federal and State Benchmarks, Data Collection, and Evaluation:
The Department of Housing and Urban Development (HUD) and the Department of Commerce
may require additional reporting of programs and continuums of care directly or indirectly related
to the funding awarded such as, but not limited to, Coordinated Entry, Data Quality, Data
Timeliness, Housing Inventory Report, Annual Performance Report, Point in Time Count and
System Performance Measures. CONTRACTOR agrees to participate in these evaluation
efforts, meet individual benchmarks that contribute to the system and will fulfill the data
collection and reporting requirements specified at the time of the request. It will be the
obligation of the COUNTY representatives, CONTRACTOR and other contractors to provide
protections and assurances regarding the confidentiality of data, samples of work (in any media
format) and/or interview comments provided by participants. CONTRACTOR also agrees to
provide the COUNTY with the results of any independent or self-directed evaluation or research
undertaken in respect to the funded program.
Contract Closeout:
CONTRACTOR shall adhere to any Commerce year-end fiscal deadlines. In the event of early
termination or non-renewal of a contract, final payment is contingent upon the CONTRACTOR’S
ability to provide the COUNTY with all invoices and work product including plans, narrative
reports, and data reports, to release the final payment for services within sixty (60) calendar
days of contract completion or termination. The COUNTY shall have no further obligation to pay
CONTRACTOR if any invoices or reports are past due for the sixty (60) day period following the
contract term end date. If funding has been awarded for the next grant term and there are
outstanding invoices or reports that are not completed to a satisfactory level by July 31, the
CONTRACTOR will start the new contract term in Probation Status.
Funding Source: Department of Commerce Consolidated Homeless Grant Contract Number:
26-46108-20
Professional Services Contract (rev 07/2025) Page 3
General Terms and Conditions
Scope of Service:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in “Exhibit A Scope of Service,” during the CONTRACT period. In the event that
CONTRACTOR expends the total award specified in “Exhibit C Budget” before the end of the
CONTRACT duration, CONTRACTOR remains liable to provide COUNTY the services as
identified in “Exhibit A Scope of Service.” No material, labor or facilities will be furnished by
COUNTY, unless otherwise provided for in the CONTRACT.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties, provided, however, that the CONTRACT is in
writing and signed by both parties.
Amendments and Extension:
This CONTRACT may be amended by mutual agreement of the parties. Such an amendment
shall not be binding unless they are in writing and signed by personnel authorized to bind each
of the parties.
The duration of this CONTRACT may be extended by mutual written consent of the parties, for
a period of up to one year, and for a total of no longer than three years.
Independent Contractor:
The CONTRACTOR shall furnish CONTRACTOR's services as an independent contractor, and
nothing herein contained shall be construed to create a relationship of employer-employee. All
payments made hereunder and all services performed shall be made and performed pursuant to
this CONTRACT by the CONTRACTOR as an independent contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit C Budget and the CONTRACTOR is not entitled to any benefits including, but not limited
to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any
other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents
that he/she/it maintains a separate place of business, serves clients other than COUNTY, will
report all income and expense accrued under this CONTRACT to the Internal Revenue Service,
and has a tax account with the State of Washington Department of Revenue for payment of all
sales and use and Business and Occupation taxes collected by the State of Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
Professional Services Contract (rev 07/2025) Page 4
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in “Exhibit C Budget.” Where Exhibit C requires payments by the COUNTY, payment shall
be based upon written claims supported, unless otherwise provided in Exhibit C, by
documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit C or approved in writing in advance by the official executing
this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"), COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY’s customary
procedures, pursuant to the fee schedule set forth in Exhibit C.
Budget:
CONTRACTOR further agrees that funds provided under this CONTRACT will be expended as
specifically itemized line by line in the Budget provided in Exhibit C, and that CONTRACTOR
will follow the Budget Amendment Process for quarterly expense transfers within a budget
category (i.e., operations, administration, facility support). Budget transfers will not be made
unless approved by the COUNTY. Late requests will not be accepted.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
Professional Services Contract (rev 07/2025) Page 5
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Billing Procedures and Payment:
The funding awarded may only be used for eligible activities and expenses. COUNTY will pay
CONTRACTOR upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the COUNTY representative not more often than monthly.
Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a
case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable
costs incurred during each invoice period, according to the terms provided in Exhibit A, if the
CONTRACTOR performs the services and submits all reporting to a satisfactory level. The
COUNTY may, in its sole discretion, withhold payments claimed by the CONTRACTOR for
services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition
of this CONTRACT. No payments in advance or in anticipation of services or supplies to be
provided under this CONTRACT shall be made by the COUNTY. No payment shall be made for
any work performed by the CONTRACTOR, except for work identified and set forth in this
CONTRACT. Unless otherwise provided for in this CONTRACT or any exhibits hereto, the
CONTRACTOR will not be paid for any billings or invoices presented for costs incurred prior to
the date of execution or after June 30, 2027. The CONTRACTOR is responsible for any audit
exceptions or disallowable costs incurred by its own organization or that of its subcontractors.
Duplicate Payment:
A duplication of benefits (DOB) occurs when a person, household, business, government, or
other entity receives financial assistance from multiple sources for the same purpose, and the
total assistance received for that purpose is more than the total need for assistance. The
COUNTY shall not pay CONTRACTOR if the CONTRACTOR has charged or will charge any
other party under any other Grant, subgrant/subcontract, or agreement, for the same services or
expenses. If it is determined that CONTRACTOR has received duplicate payment, the
CONTRACTOR must pay back the COUNTY for these expenses. The contractor must have
policies and procedures that differentiate funding and program FTE, enrollment criteria, program
descriptions, caseloads, or similar methods.
Fraud and Other Loss Reporting:
CONTRACTOR shall report in writing all known or suspected fraud or other loss of any funds or
other property furnished under this CONTRACT immediately or as soon as practicable. All
cases reported to law enforcement must be tracked and follow the fraud guidance in the
guidelines.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
Professional Services Contract (rev 07/2025) Page 6
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY. If
subcontracting is approved, the CONTRACTOR is responsible to COUNTY should the
subcontractor fail to comply with any applicable term or condition of this contract.
CONTRACTOR shall audit and monitor the activities of the subcontractor during the contract
term to assure fiscal conditions and performance metrics are met. COUNTY will be included on
any audit or monitoring activities and reports.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY’s interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY’s interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY’s policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials, or to sole proprietorships with no employees.
Professional Services Contract (rev 07/2025) Page 7
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Debarment Certification:
The CONTRACTOR, by signature to this contract, certifies that the CONTRACTOR is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this contract by any Federal department or agency.
Work Product:
CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior
to the release of the final payment for services.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY, to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay
those costs and damages attributable to any such claims that are finally awarded against
COUNTY in any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but
Professional Services Contract (rev 07/2025) Page 8
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Records Maintenance:
CONTRACTOR agrees to keep records in an easily read form sufficient to account for all
receipts and expenditures of contract funds. These records, as well as supporting
documentation, will be archived by the CONTRACTOR’S office for at least six (6) years after the
end of the contract. CONTRACTOR agrees to make such books, records, and supporting
documentation available to the COUNTY for inspection when requested.
Reporting and Other Contract Requirements:
CONTRACTOR agrees to submit program and expense reports, as well as perform all other
requirements outlined in “Exhibit A Scope of Service,” on or before the dates indicated therein.
The COUNTY reserves the right to aggregate, disaggregate, analyze, reproduce, and/or
disseminate the data provided in program reports, financial activity reports, or any other reports
submitted to the COUNTY with respect to the program.
Change in Personnel:
The success of the approved program is largely contingent on the approved staffing identified in
the proposal application and/or related to the final award amount and related services. Should
there be any material change in job description, level of authority, or employment status of
program staffing (or projected staff start dates for new programs) during the term of the
CONTRACT, the COUNTY requires that the CONTRACTOR notify the COUNTY in writing
within 15 days of the change and includes a staffing plan to minimize any disruption in services.
CONTRACTOR will provide updates if there are any changes to the staffing plan or hiring
delays.
Equipment Purchase, Maintenance, and Ownership:
The CONTRACTOR agrees that any depreciable equipment purchased, in whole or part, with
contract funds at a cost of $1,000 per item or more, is upon its purchase the property of the
COUNTY and will be used only for the program funded. The CONTRACTOR agrees to establish
and maintain transaction documents (purchase requisitions, packing slips, invoices, receipts)
and maintenance records of equipment purchased with Contract funds. The CONTRACTOR
shall be responsible for any loss or damage to property of the COUNTY that results from the
negligence of the contractor or that results from the failure on the part of the contractor to
maintain and administer that property in accordance with sound management practices. In the
case of Early Termination, the CONTRACTOR agrees that all such equipment will be returned
to the COUNTY unless otherwise agreed upon in writing by the CONTRACTOR and the
COUNTY.
Professional Services Contract (rev 07/2025) Page 9
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit B Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR’s strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR’s or its subcontractors’ use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR’s compensation, and have been
mutually negotiated by the parties.
Professional Services Contract (rev 07/2025) Page 10
Participation by County – No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR’s indemnity obligations under this CONTRACT.
Survival of CONTRACTOR’s Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR’s indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Public
Health and Human Services Director and his or her designee, as COUNTY’s representative,
hereinafter referred to as the Administrative Officer, for the purposes of administering the
provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and
documents, and any auditing performed by the COUNTY related to this CONTRACT.
The Administrative Officer for purposes of this CONTRACT is:
Melissa Casey, Community Health Manager
Mason County Public Health & Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 404
Fax: 360-427-7787
E-mail: mcasey@masoncountywa.gov
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health & Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: caseyb@masoncountywa.gov
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via e-mail,
U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Professional Services Contract (rev 07/2025) Page 11
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope of Service and Exhibit
C Budget. An equitable adjustment in the CONTRACT price for partially completed items of
work will be made, but such adjustment shall not include provision for loss of anticipated profit
on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time
during the term, whether for default or convenience, shall not constitute breach of CONTRACT
by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available project funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope of Service and Exhibit C Budget.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in
order that such matters may be settled or other appropriate action promptly taken. For
objections that are not made in the manner specified and within the time limits stated, the
records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final
and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may
be payable, or to extension of time for (1) any act or failure to act by the Administrative
Officer of COUNTY, or (2) the happening of any event or occurrence, unless the
CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days
of the commencement of the act, failure, or event giving rise to the claim, and before final
payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for
which the CONTRACTOR believes additional compensation or extension of time is due, the
Professional Services Contract (rev 07/2025) Page 12
nature of the cost involved, and insofar as possible, the amount of the potential
claim. CONTRACTOR shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the
work from which the claim arose, and before final payment by COUNTY, the
CONTRACTOR has given COUNTY a detailed written statement of each element of cost or
other compensation requested and of all elements of additional time required, and copies of
any supporting documents evidencing the amount or the extension of time claimed to be
due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief (including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or
issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior
to a written request or demand for arbitration issued under this Agreement are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Professional Services Contract (rev 07/2025) Page 13
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state, and county statutes, regulations, policies, and procedures
B. Funding source agreement(s) including attachments
C. Special Terms and Conditions
D. General Terms and Conditions
E. Exhibit A, Scope of Service
F. Exhibit B, Insurance Requirements
G. Exhibit C, Budget
H. Consolidated Homeless Grant (CHG) Guidelines, CHG Supplemental Manual
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions, or understandings between the parties.
Professional Services Contract (rev 07/2025) Page 14
EXHIBIT A
SCOPE OF SERVICE
A. Consolidated Homeless Grant funding must be prioritized for preserving and maintaining
existing programs and service levels (i.e., households served), as reported to Commerce in
the SFY 2024 Annual Expenditure Report.
B. CONTRACTOR shall commit to operating a high-performing crisis response system in their
county by:
a. Assessing each household’s housing needs and facilitating housing stability with the
goal of obtaining or maintaining permanent housing.
b. Employing a progressive engagement service model.
c. Prioritizing households most likely to become homeless when using homelessness
prevention rent assistance.
d. Being anti-racist leaders in their crisis response systems and facilitating partnerships
among organizations that respond to the disproportionality in services and outcomes
for communities that may not seek assistance from mainstream organizations.
C. CONTRACTOR shall submit the deliverables outlined in EXHIBIT D DELIVERABLE TABLE
on time with truthful, accurate information.
D. CONTRACTOR shall comply with all of the requirements, policies and procedures in the
Consolidated Homeless Grant Guidelines, including the Washington State Coordinated
Entry Guidelines.
E. CONTRACTOR roles and responsibilities:
a. Provide direct service delivery according to the descriptions in the homeless
response system RFP, CHG Guidelines, CHG Supplemental Manual, and best
practices for the programs being implemented.
b. Identify individuals in need and work with other service providers to prioritize aid,
ensuring those who need help most get it quickly.
c. Assess eligibility and apply housing first principles, trauma-informed care, and harm
reduction to help program participants achieve stability and positive housing
outcomes.
d. Involve people who have experienced homelessness in developing service delivery
models and provide opportunities for their feedback.
e. Ensure the Washington Homeless Management Information System (HMIS)
operates in accordance with RCW 43.185C.180, the CHG Guidelines, and HUD data
standards:
• All projects are set up correctly in HMIS
• All data is accurate, complete, and timely
f. Respond to the disproportionality in access to services, service provision, and
outcomes.
g. Use a progressive engagement service model.
h. Operate programs within the approved budget and households served.
Project Intervention Type Funded: Overnight Emergency Shelter
Professional Services Contract (rev 07/2025) Page 15
Overnight Emergency Shelters: (CHG 1.4.1.1)
Emergency Shelters address the immediate needs of vulnerable populations by offering short-
term, temporary overnight shelter for people experiencing homelessness. They may operate
through facility-based sites or use hotel/motel vouchers. The effectiveness of Emergency
Shelters is measured by their capacity to be full, their racial equity, and the number of
households that transition from shelters to stable housing outcomes.
Shelterworks will provide low-barrier overnight shelter for single adults without children, on a
first-come, first-served basis, between 8:00 pm and 8:00 am, along with meals, hygiene
facilities/showers, and clothing. Case management will be available onsite, provided by certified
peer counselors with lived experience in homelessness and recovery. All services will be offered
at Community Lifeline, 218 N Third Street in Shelton, under an agreement between
Shelterworks and Community Lifeline.
Emergency Shelter Deliverables:
1. Achieve a capacity of 35 beds filled with provisions for up to 56 beds during extreme
weather events. During instances of increased capacity, the organization will partner
with other agencies for volunteer staffing.
2. Adhere to the Conditional Use Permit on file with the City of Shelton.
3. Adhere to the Low Barrier Housing Requirement (CHG Section 2.1.2).
4. Provide one daily meal.
5. Provide hygiene facilities, showers, and clothing.
6. 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 or when the shelter or part
of the shelter is closed for any reason.
7. Develop and implement a hazardous weather response plan with the ability to increase
capacity and respond to community needs during periods of extremely cold weather (i.e.,
windchill reaches 35 degrees or below, a combination of cold temperatures and
precipitation, flooding)
8. Policies and Procedures that demonstrate the following:
a. 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.
b. The protocol when maximum capacity is reached and the procedures to assist
households in finding other shelter options.
c. Protocols for emergency situations when employees are present and, if different,
during hours when employees are not present.
d. The process for shelter stayer to exit each day and included length of time.
e. Bed bug screening, mitigation, and avoidance.
f. Low barrier housing requirement.
Program Budget:
Administration
Facility Support
Total Monthly Expenses $38,506.15
Professional Services Contract (rev 07/2025) Page 16
EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting CONTRACTOR’s indemnification of the COUNTY, and prior to commencement
of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term
of this Agreement, and any extensions thereof, policies of insurance of the type and amounts
set forth below and in a form satisfactory to County.
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance, using standard Insurance Services Office
“Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or
the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious
liability. Defense costs must be paid in addition to limits. Limits shall be no less than
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general
aggregate, for bodily injury, personal injury, property damage, and products/completed
operations, including without limitation, blanket contractual liability.
2. Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits for CONTRACTOR's, no less than $1,000,000
per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000
per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy described
above. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way
on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for
each such person.
4. Professional liability (errors & omissions) insurance. Consultant shall maintain professional
liability insurance that covers the Services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of
this agreement and Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the services required by this agreement. Coverage
shall include acts, errors, or omissions arising from professional services, including housing
placement, case management, compliance reporting, and administration of grant funds.
5. Cyber Liability Coverage. CONTRACTOR shall maintain cyber liability insurance with limits
of not less than $1,000,000 per claim and $2,000,000 aggregate. Such coverage shall
include privacy liability, network security, breach response, notification, credit monitoring,
regulatory defense, and system restoration expenses related to the use and access of HMIS
and other client data.
Professional Services Contract (rev 07/2025) Page 17
6. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Such
policy or policies shall include as insureds those covered by the underlying policies,
including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable
in addition to policy limits. There shall be no cross-liability exclusion precluding coverage for
claims or suits by one insured against another. Coverage shall be applicable to County for
injury to employees of Contractor, subcontractors or others involved in the Work. The scope
of coverage provided is subject to approval of County following receipt of proof of insurance
as required herein.
B. Proof of Insurance:
CONTRACTOR shall provide certificates of insurance to COUNTY as evidence of the
insurance coverage required herein, along with required endorsements and waivers.
Insurance certificates and endorsements must be approved by COUNYT’s Risk Manager
prior to commencement of Work.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY, its officials, employees and agents, using ISO CG 20 10 or
equivalent forms. CONTRACTOR also agrees to require all contractors, subcontractors, and
anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter
“indemnifying parties”) to comply with these provisions. This provision shall also apply to
excess liability policies.
2. CONTRACTOR hereby waives all rights of recovery against COUNTY, regardless of the
applicability of any insurance proceeds, and to require all indemnifying parties to do
likewise.
3. All insurance coverage maintained or procured under this Agreement shall be endorsed to
waive subrogation against COUNTY, its elected or appointed officials, employees, agents
and volunteers, or must specifically allow the insured to waive their right of recovery prior to
a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits
of coverage that may affect COUNTY’s protection without COUNTY’s prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to
COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages
required and, b) an additional insured endorsement to CONTRACTOR’s general liability
policy using Insurance Services Office (ISO) form CG 20 10 or equivalent forms.
CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of
any policies required within ten (10) days of such request. COUNTY has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so
Professional Services Contract (rev 07/2025) Page 18
paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted
from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any
other additional insured under these requirements to obtain proof of insurance required
under this CONTRACT in no way waives any right or remedy of COUNTY or any additional
insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a
primary and non-contributing basis in relation to any other insurance or self-insurance
available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying
party to self- insure its obligations to COUNTY. If CONTRACTOR’s existing coverage
includes a self-insured retention, the self-insured retention must be declared to the
COUNTY. The COUNTY may review options with CONTRACTOR, which may include
reduction or elimination of the self-insured retention, substitution of other coverage, or other
solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT. This obligation applies whether or not the CONTRACT is canceled or
terminated for any reason. Termination of this obligation is not effective until COUNTY
executes a written statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader
than as outlined above, those higher limits and broader coverage shall be deemed to apply
for the benefit of any person or organization included as an additional insured and those
limits shall become the required minimum limits of insurance in all Paragraphs and Sections
of this CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and
approved of in writing.
11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a
minimum A.M. Best rating of A-:VII.
Professional Services Contract (rev 07/2025) Page 19
13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in
this CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees to require insurers, to provide notice to COUNTY thirty (30) days
prior to cancellation of such liability coverage or of any material alteration or non-renewal of
any such coverage, other than for non-payment of premium. CONTRACTOR shall assure
that this provision also applies to any subcontractors, joint ventures or any other party
engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to
reflect that the issuer will provide thirty (30) days’ notice to COUNTY of any cancellation of
coverage.
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90) days
advance written notice of such change. If such change results in substantial additional cost
to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate
CONTRACTOR’s compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy. Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve COUNTY.
Professional Services Contract (rev 07/2025) Page 20
EXHIBIT C
BUDGET
Emergency Shelter Fund Source FY26 Award
TOTAL Emergency Shelter $154,025
Payment:
In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend
the payment terms and the amount awarded in this contract. Approved invoices will be
disbursed according to the vendor payment schedule of the County Auditor’s Office. Refer to the
Billing Procedures and Payment clause of this contract for additional information.
All COUNTY-provided templates must be used and not modified without the county's written
permission. The county can change the reporting requirements by notifying the contractor.
Payment will be considered timely within 30 days of receipt of invoice.
Monthly Financial Invoice: Final, approved invoices are due by the 15th of each
month
a. All invoices and reports, including HMIS, must be accurate, complete, and received to a
satisfactory level before invoices are approved and processed for reimbursement.
b. The CONTRACTOR will submit a monthly financial invoice to the COUNTY no later than
the 15th of each month for reimbursement of allowable costs; prepayment of expenses
is not allowable. Submitting invoices promptly and error-free is essential for the fastest
reimbursement turnaround possible.
c. Budget Narrative: If the invoice has a significant increase or decrease in totals, include
a budget narrative in the email submission to explain the change when the invoice is
submitted.
d. The CONTRACTOR may not manipulate, change, or adjust any template provided by
the COUNTY without prior written permission from the COUNTY.
e. Administration: Reimbursement requests cannot exceed the 1/12 monthly allotment.
For example, if the Administration allocation is 15%, administration costs may not
exceed 15% of the monthly reimbursement requests. The Department of Commerce
prefers that all overheads be budgeted and expensed in the Administration Budget
Category. Administration costs include, but are not limited to, Executive Director salary
and benefits, organization memberships or subscriptions, software licensing, business
license, general organizational insurance, conferences, organization-wide audits, board
expenses, community event registration, fire inspections, and general agency facility
costs (including those associated with the Executive Director) such as rent (building
space that is not directly attributed to a program funded through this contract),
depreciation expenses, and operations and maintenance. All amounts billed to
administration must be allowable, supported by actual costs, not double-charged, and
treated consistently in similar circumstances.
f. All “pooled” costs are considered “Administration” unless the County approves an
exception.
g. Time-billing: Agencies must ensure that processes are in place to track employee time
to the program they are working in and only bill hours to a program for time worked in
Professional Services Contract (rev 07/2025) Page 21
each program. Program employees must use time-billing methods to track the time
spent on tasks or projects directly related to the program. This helps reduce billing errors
and ensures that every program is charged appropriately.
h. Salary & Wages: The COUNTY will reimburse hourly rates and accrued/unused PTO in
accordance with RCW 49.48.010, without incentives such as bonuses, except for grants
that specifically allow it (e.g., the inflationary increase from FY24 and FY25). Payouts
are distributed across all programs that fund the position. Salary and benefits are
itemized separately.
i. Cost Distribution Plan: It is preferable to bill all overhead as part of the 15%
Administration allocation. However, a cost distribution plan is also allowable if the
agency operates more than one program and/or multiple fund sources are used across
programs. The plan must differentiate overhead/administration expenses that benefit the
whole organization and are not directly attributed to a program from overhead directly
tied to a program (e.g., marketing materials specific to the program or the CHG
Forum/Convening that may benefit multiple programs funded by these funds). Program
and operation expenses will be directly attributed to the Operations Budget Category
(i.e., the agency would not have these costs if it didn’t operate the program). Agencies
will use a square foot calculation for office space directly related to the program to bill
agency facility costs to program operations. However, the square footage not directly
related to program office space will be billed to Administration.
j. Conferences: Allowable Conference: The Department of Commerce is not hosting the
annual CHG Forum this year. Homeless track sessions will be part of the Housing
Washington Conference in Bellevue on September 28th-30th, 2025.
k. Item Descriptions: To help ensure no duplication of expenses, include specific
descriptions in the journal entry or the itemized expense list. Include the date range for
utilities, rent, or other monthly recurring costs. Including the account numbers or
building addresses is helpful when the organization has similar costs for different
buildings (e.g., utilities and off-site shelters).
l. Reimbursement in one fiscal year may not exceed the approved annual budget.
Suppose annual budgeted funds are expended before the end of the first fiscal year. In
that case, no additional reimbursements for that fiscal year will be approved, and
programs/services are expected to continue. Any unspent funds will be rolled into the
next fiscal year if the grant or budget category allows. Programs funded from the state
fiscal budget, such as the Housing and Essential Needs program, do not have funds that
carry over.
m. The CONTRACTOR must retain all backup documentation, including policies and
procedures for tracking employee time to grants and calculating holiday and overtime
pay.
n. Invoices must be easily read, with program expenses organized and labeled. Arrange
the backup documentation in the order in which items appear on the invoice.
o. Errors: If you make an error in any previous months or overpayments or
underpayments, contact the COUNTY to determine the next steps. Monthly spend-down
amounts may not be changed after an invoice has been submitted, approved, and paid.
p. Allowable Expenses: The first step is to review the Scope of Service in the contract for
approved project intervention types and the expenses directly associated with
implementing the approved program. The next step is to review the CHG Guidelines. If
any questions or clarification about allowable expenses remain, contact the COUNTY
before making any purchases to avoid non-reimbursable situations.
q. Budget Adjustments/Revisions: Budget adjustments/revisions are when money is
moved from one budget category to another. All budget revision requests must use the
Contract Budget Transfer Request Form. Budget revisions are allowable up to once
Professional Services Contract (rev 07/2025) Page 22
per quarter. CHG Contracts will require Commerce approval and follow CHG
Guidelines. No more than 10% of the program budget may be transferred, and no
money may be transferred from the Rent Budget category.
r. Financial Contract Amendments: Contract amendments will be issued when there is a
change in the total contract award. Amendments are also required in CHG contracts
when the total budget adjustment for the county or sequential adjustments exceed(s)
10% of the award.
s. De-obligation of Funds: Budget categories are monitored for over- or underspending.
In some cases, a de-obligation of funds will be required for categories that are
underspent or tracking to underspend by more than five percent.
t. Submit monthly invoices electronically to Todd Parker (tparker@masoncountywa.gov)
using the correct naming convention. Each invoice must include:
The name of the agency,
Date submitted,
Dates of service the invoice represents
Contract number,
Invoice number
Version number when resubmitting invoice corrections
Name of funding source,
Total reimbursement request per funding source,
Salary or Time Worked and benefits are separated
Vacation (PTO), Holiday Pay, and Overtime are separated from Time Worked.
Total hours worked by employees for each program and ensure time-billing.
General Ledgers or backup documentation that includes expenses broken out by
the budget category. These reports cannot include client names or identifying
information. Use HMIS numbers in the description when any funds are paid on
behalf of or, if allowed, directly to the household. The landlord's name is
allowable when rental and/or utility assistance payments are made.
All Flexible Fund (CHG 6.3.3) expenses must be pre-approved. It is acceptable
to have a list of expenses approved at the start of the contract.
Voucher detail worksheets, if required by the grant,
Spenddown sheet matching the voucher detail worksheet. The subcontractor
may not overspend in a budget category.
Any HMIS reports required by the grant.
Signature Page: Signed by the Executive Director, CEO, and/or Board Chair
approving that the expenses are accurate and allowable.
Submitted by the Executive Director.
Professional Services Contract (rev 07/2025) Page 23
EXHIBIT D
DELIVERABLE TABLE
Date Due /
Frequency Deliverable Name & Description
No later than thirty
(30) days of the
date of execution
Contract requirements identified under the Special Terms and Conditions
section of the contract
Monthly – complete,
accurate, and
approved by the 15th
of each month
An invoice and voucher detail worksheet, and, at a minimum, a general ledger
generated by the organization’s accounting system. The General Ledger must
include transaction-level detail for all costs that have been paid and are being
claimed for reimbursement. These documents are due to the COUNTY by the
15th of the month following the month in which services were provided.
Contract Term
•
extreme weather events. During instances of increased capacity, the
organization will partner with other agencies for volunteer staffing.
• Adhere to the Conditional Use Permit on file with the City of Shelton.
• Adhere to the Low Barrier Housing Requirement (CHG Section 2.1.2).
• Provide one daily meal.
• Provide hygiene facilities, showers, and clothing.
• 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 or when the shelter or part of the shelter is
closed for any reason.
• Develop and implement a hazardous weather response plan with the ability
to increase capacity and respond to community needs during periods of
extremely cold weather (i.e., windchill reaches 35 degrees or below, a
combination of cold temperatures and precipitation, flooding)
• 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 Bed bug screening, mitigation, and avoidance.
o Low barrier housing requirement.
• Annual County Expenditure Report (CHG 2.1.4.2): All agencies that enter
data into HMIS must coordinate with the COUNTY to submit a complete
and accurate report of program funding information to the Department of
Commerce.
• Point-in-Time Count (2.1.4.3): All agencies must actively participate in the
PIT Count to obtain a complete count of people experiencing homelessness
in Mason County.
Professional Services Contract (rev 07/2025) Page 24
EXHIBIT E
ATTESTATION
I do hereby certify that to the best of my knowledge, the following is true, accurate, and
complete:
All contractors, including by and for organizations, attest that all are bound to all contracts,
including contracts between the Department of Commerce and Mason County Public Health
and Human Services, and/or any subrecipients.
I have reviewed all pass-through contract language, have received copies, and agree to be
bound to these terms.
I have read all guidelines specific to the fund source and policies set forth by the
Department of Commerce and Mason County Public Health and Human Services, and
agree to follow.
Name (printed) _________________________________________________________
Name (signature) _______________________________________________________
Title __________________________________________________________________
Agency _______________________________________________________________
Date _______________________
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From:Ext: 206/296
Superior Court ☐
Action Agenda: ☐
Public Hearing: ☐
☐
Briefing Date(s): November 17, 2025 Agenda Date(s): November 25, 2025
Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
1. Approval of Criminal Justice Treatment Account Plan
2. Approval of 2025-2027 CJTA Contract for Signature
Background/Executive Summary:
1. Mason County will continue to utilize CJTA funds to support the operations of its Therapeutic Courts.
2. The 2025-2027 Contract for Washington State Health Care Authority and Mason County to provide
CJTA funds to deliver treatment and recovery support services to individuals involved in the criminal
justice system in accordance with RCW 71.24.580.
Budget Impact (amount, funding source, budget amendment, etc.):
The July 2025-July 2027 contract for Mason County allocates $91,475.00 for services rendered between
July 1, 2025, and June 30, 2026, and $91,475.00 for services rendered between July 1, 2026, and June 30,
2027.
Public Outreach:
n/a
Requested Action:
1. Approve and sign the CJTA Plan
2. Approve and sign 2025-2027 CJTA Contract
Attachment(s):
CJTA Plan
2025-2027 Contract
Mason County Criminal Jus�ce Treatment Account Strategic Plan
July 2025-July 2027
“Criminal Jus�ce Treatment Account” or “CJTA” means the account created by Washington State
Legislature that may be expended solely for: substance use disorder treatment and treatment
support services for individuals with a substance use disorder that, if not treated, would result
in addic�on, against whom charges are filed by a prosecu�ng atorney in Washington State
(RCW 71.24.580).
This plan has been prepared in response to guidelines for the submital of Criminal Jus�ce
Treatment Account (CJTA) plans and services as required by RCW 71.24.580(6). The plan shall be
approved by the county legisla�ve authority or authori�es; and, submited to the panel
established in 71.24.580(5)(b) of this sec�on, for disposi�on of all the funds provided from the
CJTA within that county.
I. Criminal Jus�ce Treatment Account (CJTA) Funds 2025-2027
The July 2025-July 2027 contract for Mason County allocates $91,475.00 for services rendered
between July 1, 2025 and June 30, 2026 and $91,475.00 for services rendered between July 1,
2026 and June 30, 2027.
II. Program Descrip�on
The Plan for 2025-2027 con�nues to support the Mason County Superior Court Therapeu�c
Court programs.
These programs include Drug Court, Veteran’s Court, and Mental Health Court. Each program is
a voluntary post-plea, court-supervised, comprehensive treatment program for individuals with
non-violent charges. Successful comple�on of the program results in the criminal charge(s)
being dismissed.
The Plan includes reimbursement of services not covered by insurance and evidence-based
recovery support as noted in the following:
a) Brief Interven�on (any level, assessment not required);
b) Acute Withdrawal Management (ASAM Level 3.7WM);
c) Sub-Acute Withdrawal Management (ASAM Level 3.2WM);
d) Outpa�ent Treatment (ASAM Level 1);
e) Intensive Outpa�ent Treatment (ASAM Level 2.1);
f) Opioid Treatment Program (ASAM Level 1);
g) Case Management (ASAM Level 1.2);
h) Intensive Inpa�ent Residen�al Treatment (ASAM Level 3.5);
i) Long-term Care Residen�al Treatment (ASAM Level 3.3);
j) Recovery House Residen�al Treatment (ASAM Level 3.1);
k) Assessment (to include Assessments done while in jail);
l) Interim Services;
m) Community Outreach;
n) Involuntary Commitment Inves�ga�ons and Treatment;
o) Room and Board (Residen�al Treatment Only);
p) Transporta�on; (Limited to 10% of assistance combined with childcare services)
q) Childcare Services; (Limited to 10% of assistance combined with transporta�on)
r) Urinalysis;
s) Recovery Support Services that may include:
1. Employment services and job training;
2. Relapse preven�on;
3. Family/marriage educa�on;
4. Peer-to-peer services, mentoring and coaching;
5. Self-help and spiritual, religious support groups;
6. Housing support services (rent and/or deposits); when CJTA funds are used for
housing support, and within available resources, individuals will be offered mul�ple
approved recovery housing op�ons.
7. Life skills;
8. Educa�on Training (e.g. GED Assistance); and
9. Parent educa�on and child development.
III. An�cipated Annual Budget Breakdown
For each fiscal year, Mason County an�cipates the total CJTA alloca�on of $91,475 will be spent
as follows:
Category Es�mated Annual
Amount
In-Custody Assessments $1,000
Urinalysis Tes�ng $30,000
Moral Recona�on Therapy & Con�ngency Management $30,000
Recovery Support Services $21,475
Administra�on $9,000
Total $91,475
The same breakdown is an�cipated for the following fiscal year.
IV. Account Match
CJTA funds are intended to supplement and not supplant local funding. Services for Therapeu�c
Court par�cipants will primarily be supported with Treatment Sales Tax funds, with CJTA dollars
supplemen�ng that program as needed when county funds are insufficient. CJTA funding will be
maximized through the use of the Medicaid Title XIX system for Medicaid-eligible individuals.
All organiza�ons receiving CJTA funding will be required to submit appropriate monthly
invoicing documenta�on for services provided and will undergo a quarterly u�liza�on review.
Funding u�liza�on will be reviewed, and funds reallocated as necessary each quarter to ensure
all CJTA funds are spent.
V. Criminal Jus�ce Treatment Account Innova�ve Project- 30%
At a minimum, thirty percent (30%) of the CJTA funds are to be dedicated to special projects
that meet any or all of the following condi�ons:
i. An acknowledged best prac�ce (or treatment strategy) that can be documented
in published research;
ii. An approach u�lizing either tradi�onal or best prac�ce approaches to treat
significant underserved popula�on(s) and popula�ons who are dispropor�onately
affected by the criminal jus�ce system;
iii. A regional project conducted in partnership with at least one other en�ty serving
the service area; and/or
iv. CJTA Special Projects. HCA retains the right to request progress reports on CJTA
special projects.
The Superior Court Therapeu�c Court Programs propose to u�lize at least 30% of the CJTA funds
to support Moral Recona�on Therapy (MRT) and con�ngency management within the Superior
Court Therapeu�c Courts.
Moral Recona�on Therapy (MRT) is a highly structured cogni�ve-behavioral treatment strategy
that focuses on changing the thinking (beliefs) and behaviors that lead to problems of substance
use disorder, rela�onship difficul�es, and criminal behavior. MRT significantly raises moral
reasoning levels, helps the par�cipant set goals, and develops posi�ve personal quali�es. MRT
helps redirect decision-making to "do the right thing because it is the right thing to do." MRT
creates a language the en�re team can use when working with an individual, building on the
strength of therapeu�c interven�ons.
Con�ngency management is an evidence-based interven�on for substance use that can
reinforce extrinsic mo�va�on. It uses external mo�vators or reinforcers (e.g., expecta�on of a
reward or nega�ve consequence) to enhance behavior change. When u�lized in conjunc�on
with interven�ons that emphasize intrinsic mo�va�on, analysis shows a reduc�on in substance
use and long-term treatment effects.
VI. Popula�on-Specific Considera�ons
CJTA funds will be used, within available resources, to support access to culturally
appropriate treatment and recovery services for American Indian/Alaska Na�ve individuals.
Mason County will con�nue to coordinate with local tribal treatment agencies to iden�fy
culturally appropriate housing, treatment, and recovery supports.
VII. Partnering Agencies
The Mason County Superior Court Therapeu�c Court currently maintains Memorandums of
Understandings with the following agencies, which provide services under this plan:
• Consejo Counseling and Referral Services
• New Direc�ons Counseling
• Northwest Resources Inc.
• Social Treatment Opportunity Programs
VIII. Measurable Goals and Objec�ves
The goal of the Superior Court Therapeu�c Court Programs is to address substance use and/or
mental health issues that contribute to criminal behavior in order to reduce criminal ac�vity
while also reducing the burden and costs of repeatedly processing offenders through the
county’s courts and jail. These goals will be measured through tracking referral, admitance,
gradua�on, termina�on, and recidivism rates. These numbers will be tracked from July 1, 2025
and June 30, 2026, and July 1, 2026 and June 30, 2027. The rates will be presented to the CJTA
panel following the end of each year of tracking.
Dated this _____ day of ___________, 2025.
Mason County CJTA Panel
____________________________________
Representa�ve Signature
Dated this _____ day of ___________, 2025
Board of Mason County Commissioners
____________________________________
Washington State Page 1 of 22 HCA IAA K8532
Health Care Authority
for
CJTA Treatment and Recovery
Services
THIS AGREEMENT is made by and between Washington State Health Care Authority (HCA) and Mason
County, (Contractor), pursuant to the authority granted by Chapter 39.34 RCW.
Mason County
419 North 4th Street Shelton WA 98584
Julie Hansen 360-427-9670 JHansen@masoncountywa.gov
Adult Substance Use Disorder Treatment Division of Behavioral Health and Recovery
Zach Lynch, Criminal Justice Treatment Account Manager
Health Care Authority
626 8th Avenue SE
PO Box 42730
Olympia, WA 98504-2730
(360) 725-9992 zach.lynch@hca.wa.gov
CONTRACT START DATE CONTRACT END DATE AMOUNT
July 1, 2025 June 30, 2027 $182,950.00
PURPOSE OF CONTRACT:
To provide funding through Criminal Justice Treatment Account allocations, which allows county government to pay for
SUD treatment and recovery support services.
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.
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Andria Howerton
10/28/2025Deputy Contracts Administrator
Washington State Page 2 of 22 HCA IAA K8532
Health Care Authority
1. DEFINITIONS
“Authorized Representative” means a person to whom signature authority has been delegated in
writing acting within the limits of the person’s authority.
“Confidential Information” means information that may be exempt from disclosure to the public or
other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or
federal statutes or regulations. Confidential Information includes, but is not limited to, any information
identifiable to an individual that relates to a natural person’s health, finances, education, business,
use or receipt of governmental services, names, addresses, telephone numbers, social security
numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any
other identifying numbers, law enforcement records, HCA source code or object code, or HCA or
State security information.
“Contract” or “Agreement” means the entire written agreement between HCA and the contractor,
including any exhibits, documents, or materials incorporated by reference. Contract and Agreement
may be used interchangeably.
“Contractor” means Mason County, 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.
“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.
“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.
“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.
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State Page 3 of 22 HCA IAA K8532
Health Care Authority
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.
3. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Contract will commence on July 1,
2025, and be completed on June 30, 2027, unless terminated sooner or extended upon written
agreement between the parties.
4. PAYMENT
Compensation for the work provided in accordance with this Agreement has been established under
the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work
herein will not exceed $182,950.00. Payment for satisfactory performance of the work will not exceed
this amount unless the parties mutually agree to a higher amount. Compensation for services will be
based in accordance with the terms set forth in Attachment 1, Statement of Work.
5. BILLING PROCEDURE
5.1. Contractor must submit accurate invoices to the following address for all amounts to be paid by
HCA via e-mail to: zach.lynch@hca.wa.gov. Include the HCA Contract number in the subject
line of the email.
5.2. Invoices must describe and document to HCA’s satisfaction a description of the work performed,
the progress of the project, and fees. If expenses are invoiced, invoices must provide a detailed
breakdown of each type. Any single expense in the amount of $50.00 or more must be
accompanied by a receipt in order to receive reimbursement. All invoices will be reviewed and
must be approved by the Contract Manager or designee prior to payment.
5.3. Contractor must submit properly itemized invoices to include the following information, as
applicable:
A. The HCA Contract number;
B. Contractor name, address, phone number;
C. Description of Services;
D. Date(s) of delivery;
E. Net invoice price for each item;
F. Applicable taxes;
G. Total invoice price; and
H. Payment terms and any available prompt payment discount.
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5.4. HCA will return incorrect or incomplete invoices for correction and reissue. The Agreement
number must appear on all invoices, bills of lading, packages, and correspondence relating to
this Agreement.
5.5. Payment will be considered timely if made within thirty (30) calendar days of receipt of properly
completed invoices. Payment will be directly deposited in the bank account or sent to the
address Contractor designated in this Agreement.
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
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.
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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
Intentionally omitted as not applicable.
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.
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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 1: Statement of Work; and
C. Any other provisions of the agreement, including materials incorporated by reference.
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
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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
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
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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
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.
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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.
Attachments
Attachment 1: Statement of Work
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ATTACHMENT 1: STATEMENT OF WORK
Contractor will provide the services and staff, and otherwise do all things necessary for, or
incidental to, the performance of work as set forth below.
1. DEFINITIONS
1.1. “American Society of Addiction Medicine Criteria” or “ASAM Criteria” means the
six dimensions to identify the intensity of treatment services that best fits the
individual’s needs and provides a common language of holistic, biopsychosocial
assessment, and treatment across addiction treatment, physical health, and mental
health services, which also addresses the spiritual issues relevant in recovery.
1.2. “Case Management” or “Case Management Services” means services provided by
a Substance Use Disorder Professional (SUDP) or Substance Use Disorder
Professional Trainee (SUDPT) licensed by the Washington Department of Health, or
a person under the direct clinical supervision of a SUDP, to individuals assessed as
needing treatment and admitted into treatment. Services are provided to assist
clients in gaining access to needed medical, social, educational, and other services.
Services include case planning, case consultation and referral, and other support
services for the purpose of engaging and retaining or maintaining clients in
treatment.
1.3. “Continuity of Care” means the provision of continuous care for chronic or acute
medical and behavioral health conditions to maintain care that has started or been
authorized to start as the Individual transitions between: facility to home; facility to
another facility; providers or service areas; managed care contractors; and Medicaid
fee-for-service and managed care arrangements. Continuity of Care occurs in a
manner that prevents secondary illness, health care complications, or re-
hospitalization; and promotes optimum health recovery.
1.4. “County Match” means that jurisdictions must match, on a dollar-for-dollar basis,
state moneys allocated for therapeutic courts with local cash or in-kind resources.
Moneys allocated by the state may be used to supplement, not supplant other
federal, state, and local funds for therapeutic courts (RCW 2.30.040).
1.5. “Criminal Justice Treatment Account” or “CJTA” means the account created by
Washington State Legislature that may be expended solely for: substance use
disorder treatment and treatment support services for individuals with a substance
use disorder that, if not treated, would result in addiction, against whom charges are
filed by a prosecuting attorney in Washington State (RCW 71.24.580).
1.6. “CJTA Plan” or “Plan” means the plan that is developed by the county human
services or behavioral health services department, county prosecutor, county sheriff,
county superior court, a substance use disorder treatment provider appointed by the
county legislative authority, a member of the criminal defense bar appointed by the
county legislative authority, and, in counties with a drug court, a representative of the
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drug court (RCW 71.24.580(6)). The plan shall be approved by the county legislative
authority or authorities; and, submitted to the panel established in 71.24.580(5)(b) of
this section, for disposition of all the funds provided from the CJTA within that county.
1.7. “Local CJTA Panel” means the representative group which reviews the County
CJTA plan and consists of at minimum: the county alcohol and drug coordinator,
county prosecutor, county sheriff, county superior court, a substance abuse
treatment provider appointed by the county legislative authority, a member of the
criminal defense bar appointed by the county legislative authority, and, in counties
with a drug court, a representative of the drug court .
1.8. “Culturally and Linguistically Appropriate Services” or “CLAS” means the
national standards in health and health care intended to advance health equity,
improve quality, and eliminate health disparities by establishing a blueprint for health
and health care organizations.
1.9. “Division of Behavioral Health and Recovery” or “DBHR” means the Health Care
Authority’s Division of Behavioral Health and Recovery, and its employees and
authorized agents.
1.10. “Drug Court” means a court utilizing a program structured to achieve both a
reduction in criminal recidivism and an increase in the likelihood of rehabilitation
through continuous and intense judicially supervised treatment and the appropriate
use of services, sanctions, and incentives (RCW 2.30.020).
1.11. “Evidence-based Practice” or “EBP” means a prevention or treatment service or
practice that has been validated by some form of documented research evidence
and is appropriate for use with individuals with a substance use disorder that are
involved in the criminal justice system. EBP also means a program or practice that
has been tested where the weight of the evidence from review demonstrates
sustained improvements in at least one outcome, and/or a program or practice that
can be implemented with a set of procedures to allow successful replication in
Washington and, when possible, is determined to be cost-beneficial.
1.12. “Individual” means any person in the criminal justice system who is in need of
behavioral health services, regardless of income, ability to pay, insurance status or
county of residence.
1.13. “Medications for Opioid Use Disorder” or “MOUD” or “MAT” means the use of
FDA-approved opioid agonist medications (e.g., methadone, buprenorphine products
including buprenorphine/naloxone combination formulations and buprenorphine
mono-product formulations) for the treatment of opioid use disorder and the use of
opioid antagonist medication (e.g. naltrexone products including extended-release
and oral formulations) to prevent relapse to opioid use.
1.14. “Outreach” or “Community Outreach” means identification of hard-to-reach
Individuals with a possible SUD and engagement of these individuals in assessment
and ongoing treatment services as necessary.
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1.15. “Research-based” means a program or practice that has been tested with a single
randomized, or statistically controlled evaluation, or both, demonstrating sustained
desirable outcomes; or where the weight of the evidence from a systemic review
supports sustained outcomes as described in this subsection but does not meet the
full criteria for evidence-based (RCW 2.30.020).
1.16. “Recovery Support Services” or “RSS” means services that are intended to
promote an individual’s socialization, recovery, self-advocacy, development of
natural support, and maintenance of community living skills. RSS include, but are not
limited to, the following services: Supported employment services, supportive
housing services, peer support services, wraparound facilitation services, and any
other services that are conducive to an individual’s recovery in an Substance Use
Disorder (SUD) Program (WAC 246-341-0718).
1.17. “State CJTA Panel” means a panel of appointed representatives from the
Washington Association of Prosecuting Attorneys, the Washington Association of
Sheriffs and Police Chiefs, the superior court judges' association, the Washington
State Association of Counties, the Washington Defender's Association or the
Washington Association of Criminal Defense Lawyers, the Department of
Corrections, the Washington State Association of Drug Court Professionals, and
Substance Use Disorder Treatment Providers. The panel shall review county or
regional plans for funding and grants approved. The panel shall attempt to ensure
that treatment as funded by the grants is available to offenders statewide
1.18. “Substance Use Disorder” or “SUD” means a problematic pattern of using alcohol
or another substance that results in the impairment in daily life or noticeable distress;
and, whereby the individualcontinues use despite leading to clinically significant
impairment or distress as categorized in the DSM-5.
1.19. “Substance Use Disorder Professional” or “SUDP” means an individual who is
certified according to RCW 18.205.020 and the certification requirements of WAC
246-811-030 to provide SUD services.
1.20. “Substance Use Disorder Professional Trainee” or “SUDPT” means an individual
working toward the education and experience requirements for certification as a
chemical dependency professional, and who has been credentialed as a CDPT.
1.21. “Therapeutic Courts” means a court utilizing a program or programs structured to
achieve both a reduction in recidivism and an increase in the likelihood of
rehabilitation, or to reduce child abuse and neglect, out-of-home placements of
children, termination of parental rights, and substance use and mental health
symptoms among parents or guardians and their children through continuous and
intense judicially supervised treatment and the appropriate use of services,
sanctions, and incentives (RCW 2.30.020).
1.22. "Treatment" means services that are critical to a participant's successful completion
of his or her substance use disorder treatment program, including but not limited to
the recovery support and other programmatic elements outlined in Chapter 246-341
WAC.
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1.23. "Treatment Support" means services such as transportation to or from inpatient or
outpatient treatment services when no viable alternative exists, and child care
services that are necessary to ensure a participant's ability to attend outpatient
treatment sessions.
1.24. “Washington State Jail” or “Jail” means any city, county, regional, or tribal jail
operating in the state of Washington.
2. Purpose
Contractor will provide treatment and recovery support services, funded by Criminal Justice
Treatment Account (CJTA) funds, to individuals involved in the criminal justice system in
accordance with RCW 71.24.580.
3. CTJA Account Services Specific Eligibility and Funding Requirements
3.1. In accordance with RCW 71.24.580, the Contractor will be responsible for treatment
and recovery support services for criminally involved Individuals.
3.2. In accordance with RCW 2.30.040, counties that allocate CJTA and/or State Drug
Court funds to support or provide services to Therapeutic Court Program are subject
to the County Match.
3.3. No more than ten percent (10%) of the total CJTA funds may be used for the
following support services combined in the context of meeting court/program
expectations:
3.3.1. Transportation; and
3.3.2. Child Care Services.
3.4. CJTA funds are intended to be used as a “payment of last resort,” meaning that other
means of payment for treatment or other services, such as Medicaid or other forms
of insurance, must have been exhausted or be ineligible to meet participant needs.
3.5. State Drug Court
3.5.1. In addition to state funding under the CJTA, several counties receive
additional state funding specifically for Drug Courts. State Drug Court
funding is provided to the following counties: Clallam, Cowlitz, King, Kitsap,
Pierce, Skagit, Spokane, and Thurston. The counties that receive State
Drug Court funding must ensure that the provision of substance use disorder
treatment and support services detailed in this Contract, are in accordance
with RCW 71.24.580 and RCW 2.30.030. These Counties are also required
to include in the quarterly R&E report which category of funds – base or
state drug court – are being drawn from for each expense.
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3.6. At a minimum, thirty percent (30%) of the CJTA funds, including State Drug Court
funding, is to be dedicated to special projects that meet any or all of the following
conditions:
3.6.1. An Evidence-Based Practice and/or Research-Based Practice (or
treatment strategy) that can be documented in published research;
3.6.2. An approach utilizing either traditional or best practice approaches to treat
significant underserved population(s) and populations who are
disproportionately affected by the criminal justice system;
3.6.3. A regional project conducted in partnership with at least one other entity
serving the service area; and/or
3.6.4. CJTA Special Projects. HCA retains the right to request progress reports or
updates on CJTA special projects.
4. CJTA Funding – Allowable Services
4.1. Brief Intervention (any level, assessment not required);
4.2. Acute Withdrawal Management (ASAM Level 3.7WM);
4.3. Sub-Acute Withdrawal Management (ASAM Level 3.2WM);
4.4. Outpatient Treatment (ASAM Level 1);
4.5. Intensive Outpatient Treatment (ASAM Level 2.1);
4.6. Opioid Treatment Program (ASAM Level 1);
4.7. Case Management (ASAM Level 1.2);
4.8. Intensive Inpatient Residential Treatment (ASAM Level 3.5);
4.9. Long-term Care Residential Treatment (ASAM Level 3.3);
4.10. Recovery House Residential Treatment (ASAM Level 3.1);
4.11. Assessment (to include Assessments done while in jail) - Assessments should
include and/or be informed by ASAM Criteria).
4.12. Interim Services;
4.13. Community Outreach;
4.14. Involuntary Commitment Investigations and Treatment;
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4.15. Room and Board (Residential Treatment Only);
4.16. Transportation;
4.17. Childcare Services;
4.18. Urinalysis;
4.19. Recovery Support Services that may include:
4.19.1. Employment services and job training;
4.19.2. Relapse prevention;
4.19.3. Family/marriage education;
4.19.4. Peer-to-peer services, mentoring and coaching;
4.19.5. Self-help and spiritual, religious support groups;
4.19.6. Housing support services (rent and/or deposits);
4.19.7. Life skills;
4.19.8. Education Training (e.g. GED Assistance); and
4.19.9. Parent education and child development.
4.20. Substance Use Disorder treatment in the Jail:
4.20.1. CJTA funds may not supplement or supplant any currently funded
programs that previously existed in a Jail environment.
4.20.2. The Contractor may not use more than 30% of their allocation for
treatment in the Jail unless they receive written authorization from the HCA
Contract Manager or justification for doing so is detailed in the CJTA Plan
discussed in Schedule A, Statement of Work, Section 6, below.
4.20.3. If CJTA funds are utilized for these purposes, the Contractor must attempt
to provide treatment with the following stipulations:
4.20.3.1. Identify and provide transition services to persons with
substance use disorder, who meet the CJTA requirements as
defined in RCW 71.24.580, to expedite and facilitate their return
to the community;
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4.20.3.2. Continue treatment services with individuals who were engaged
in community-based treatment prior to their incarceration, with
the intent to complete the outpatient treatment episode; and
4.20.3.3. Initiate outpatient treatment services with individuals who will
be released and transition into community-based treatment.
4.20.4. The following treatment modalities may be provided through CJTA funding:
4.20.4.1. Engaging individuals in SUD treatment;
4.20.4.2. Screening, assessing, and inducting individuals on MOUD;
4.20.4.3. Referral to SUD services;
4.20.4.4. Providing continuity of care; and
4.20.4.5. Planning for an individual’s transition from Jail.
4.21. Utilization of CTA funding to cover the costs of housing within available resources
must present the individual with options for recovery residences of approved
recovery residences maintained by the authority under RCW 41.05.760. The
contractor is prohibited from requiring individuals to stay in a single specific approved
recovery residence when utilizing CTA funds to pay for housing in that region and
must offer choice, giving strong consideration to adding options when an individual
prefers a residence not currently utilized.
4.22. The Contractor shall coordinate when applicable or necessary with local Tribal
behavioral health agencies and Indian health care providers to meet the culturally
relevant needs of AI/AN Individuals receiving allowable CJTA funded services. The
contractor would also be expected to reasonably provide access to other necessary
and relevant CLAS.
5. MAT in Therapeutic Courts
5.1. Per RCW 71.24.580, “If a region or county uses criminal justice treatment account
funds to support a therapeutic court, the therapeutic court must allow the use of all
medications approved by the federal food and drug administration for the treatment
of opioid use disorder as deemed medically appropriate for a participant by a medical
professional. If appropriate medication-assisted treatment resources are not
available or accessible within the jurisdiction, the Health Care Authority's designee
for assistance must assist the court with acquiring the resource.” For the purposes of
this Contract, HCA’s designee for the Contractor will be the HCA Contract Manager,
who may facilitate assitance from other HCA employees.
5.2. The Contractor will only subcontract with Therapeutic Courts that have policy and
procedures allowing Participants at any point in their course of treatment to seek
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State 17 HCA Contract #K8532
Health Care Authority Attachment 1
FDA-approved medication for any substance use disorder and ensuring the agency
will provide or facilitate the induction of any prescribed FDA approved medications
for any substance use disorder.
5.3. The Contractor will only subcontract with Therapeutic Court programs that work with
licensed SUD behavioral health treatment agencies that have policy and procedures
in place ensuring they will not deny services to Enrollees who are prescribed any of
the Federal Drug Administration (FDA) approved medications to treat all substance
use disorders.
5.4. The Contractor may not subcontract with a Therapeutic Court program that is known
to have policies and procedures in place that mandate titration of any prescribed
FDA approved medications to treat any substance use disorder, as a condition of
participants being admitted into the program, continuing in the program, or
graduating from the program, with the understanding that decisions concerning
medication adjustment are made solely between the participant and their prescribing
provider.
5.5. The Contractor must notify the HCA if it discovers that a CJTA funded Therapeutic
program is practicing any of the following:
5.5.1. Requiring discontinuation, titration, or alteration of their medication
regimen as a precluding factor in admittance into a Therapeutic Court
program;
5.5.2. Requiring participants already in the program to discontinue MOUD in
order to be in compliance with program requirements;
5.5.3. Requiring discontinuation, titration, or alteration of their MOUD medication
regimen as a necessary component of meeting program requirements for
graduation from a Therapeutic Court program.
5.6. All decisions regarding an individual’s amenability and appropriateness for MOUD
will be made by the individual in concert with a medical professional.
6. CJTA Plan
6.1. Contractor is expected to follow all guidelines provided in CJTA Plan guidelines
document, which will be provided to Contractor by HCA Contract Manager.
6.2. Contractor must coordinate with the Local CJTA Panel for the county in order to
facilitate the planning requirement as described in RCW 71.24.580(6). County level
funding priorities are established by the local CJTA Panel. The CJTA Plan should
detail the coordination within the county expected to help reach the goals of the
CJTA funding, identify the needed services for the community, and explain how the
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State 18 HCA Contract #K8532
Health Care Authority Attachment 1
county plans to reach the intended population for the CJTA fund. Any CJTA funded
efforts must be included in the CJTA Plan, including the following specific elements:
6.2.1. Describe in detail how substance use disorder treatment and support
services will be delivered within the region;
6.2.2. Address the CJTA County Match Requirement if funds provide treatment
or recovery support services for therapeutic court participants;
6.2.3. Include details on special projects such as best practices/treatment
strategies, significant underserved population(s), or regional endeavors,
including the following:
6.2.3.1. Describe the project and how it will be consistent with the
strategic plan;
6.2.3.2. Describe how the project will enhance treatment services for
individuals in the criminal justice system;
6.2.3.3. Indicate the number of individuals who will be served using
innovative funds;
6.2.3.4. If applicable, indicate plans for inclusion of MOUD within the
county’s Therapeutic Court programs; and
6.2.3.5. Address the fiscal and programmatic Data Reporting
requirements found in Section 7 of this Statement of Work.
6.3. The final Plan must be approved by the county’s legislative authority.
6.4. Completed and legislatively approved Plans must be submitted to HCA for review
and approval. Plans will be forwarded to the State CJTA Panel once approved by
HCA. Contractor must implement the plan as it is written and notify the HCA if any
changes are made. HCA acknowledges the authority of the State CJTA panels for
final approval of plans, including the use of any subcontractors.
6.5. CJTA Plan is due by October 1, 2025, and shall be updated if spending plans
change, subject to approval by the Local CJTA Panel, HCA Contract Manager and
subsequently the State CJTA Panel. Contractor may request an extension of up to
30 calendar days on the CJTA Plan due date, and HCA may approve the extension
in its sole discretion.
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State 19 HCA Contract #K8532
Health Care Authority Attachment 1
7. Data Reporting Requirements
7.1. Contractor shall ensure that staffing is sufficient to support CJTA-related data
analytics and related data systems to oversee all data interfaces and support the
specific reporting requirements under Contract.
7.2. Contractor will work with Research and Data Analysis Division (RDA) within
Washington State Department of Social and Health Services (DSHS) at its desired
cadence to provide requested data to assist in partnered efforts funded through
CJTA dollars, such as compiling a state drug court data dashboard. These
expectations are distinct from program activities reporting to HCA and are only
applicable to courts/counties not using the Drug Court Case Management System.
7.3. Contractor will work with HCA should system data reporting submission
requirements change.
7.4. Contractor shall ensure that all Subcontractors required to report programmatic data
have the capacity to submit all HCA required data to enable the Contractor to meet
the requirements under the Contract.
7.4.1. There are three quarterly reports that the Contractor will be responsible for
submitting: The Quarterly Progress Report (QPR), the Revenue and
Expenditure Report (R&E), and the Programmatic Treatment Report
(PTR)/ Program Data Acquisition, Management and Storage (PDAMS).
7.4.2. HCA Contract Manager will provide Contractor with a template form for the
QPR that will report on the following program elements:
7.4.2.1. Number of individuals served under CJTA funding for that time
period;
7.4.2.2. Barriers to providing services to the Criminal Justice
Population;
7.4.2.3. Strategies to overcome the identified barriers;
7.4.2.4. Training and Technical assistance needs;
7.4.2.5. Success stories or narratives from individuals receiving CJTA
services; and
7.4.2.6. If a Therapeutic Court receives CJTA funded services, the
number of admissions of individuals into the program who were
either already on MOUD, referred to MOUD, or were provided
information regarding MOUD.
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State 20 HCA Contract #K8532
Health Care Authority Attachment 1
7.4.3. HCA Contract Manager will provide the Contractor with a template form for
the R&E report that captures the fiscal expenditures for that quarter.
7.4.3.1. Contractor will use the Excel document provided by HCA;
7.4.3.2. Contractor will report the amount of CJTA expenditures for
each state fiscal quarter (State Fiscal quarters end on March
31, June 30, September 30, and December 31);
7.4.3.3. document must be completed in its entirety; and
7.4.3.4. Completed R&E report must be submitted within 45 days of the
end of each State Fiscal Quarter.
7.4.4. Contractor is responsible for submitting the PTR each quarter through a
Managed File Transfer (MFT). During the Contract period, the PTR
reporting process may change to PDAMS, which will require Contractor to
provide data directly into a system rather than through MFT. The data to
be collected will not change, just the method of submission to HCA. HCA
Contract Manager will provide Contractor with an excel workbook template
and/or additional instructions for submission of data that will capture a
variety of demographic and programmatic data that supports the services
being provided by the state appropriations. In addition, this process will
include the following:
7.4.4.1. Contractor will ensure that their subcontractor has the
bandwidth to complete all data elements requested in the PTR.
7.4.4.2. Contractor may allow the subcontractor to do all data entry, but
the PTR must be submitted into the Behavioral Health Data
System (BHDS) by Contractor through the established Secure
File Transfer procedure within 45 days of the end of each State
Fiscal Quarter. The Contractor may request an extension of this
requirement during the first Contract term. Files submitted must
conform to the following naming convention: _<County
Name>_<Date of Upload>.
7.4.4.3. The Contractor will review for completeness and accuracy each
PTR that they receive from the subcontractor.
7.4.4.4. The Contractor will work with their subcontractors to ensure
that any applicable Release of Information (ROI) forms are
updated to account for the sharing of Personal Health
Information (PHI) with the HCA.
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State 21 HCA Contract #K8532
Health Care Authority Attachment 1
8. Billing and Payment
8.1. Initial payment will be provided following receipt and acceptance of the CJTA
Biennial Plan in the amount of $10,000. Subsequent payments will be disbursed on
a quarterly basis following the receipt of noted deliverables (QPR, R&E, PTR) in the
amounts outlined in the deliverables table below.
8.1.1. In the interest of both honoring a deliverables-based contract and
minimizing waste and removing previous recoupment processes, an
allocation at the end of the contract period will be altered based on actual
spending calculated with data received from R&E reports throughout the
biennium.
8.1.1.1. Disbursements for the final quarter of the Contract term will be
reduced in accordance with actual spending – unspent funds in
smaller amounts would be subtracted from the anticipated
disbursement.
8.1.1.2. Should a considerable amount of funds remain unspent – in an
amount exceeding the anticipated disbursement – the final
quarterly disbursement of FY27 would be forfeited, however,
any excess beyond the anticipated disbursement the
Contractor would be permitted to keep. For example: if a
Contractor is underspent by $50,000, and the amount that
would have been distributed per the deliverables table was
$40,000, then Contractor would not be paid the $40,000, but
would be able to keep the $10,000 difference and not need to
repay it.
8.2. Payment will be contingent upon HCA Contract Manager acceptance of the
deliverables, and approval of a correct and complete Revenue and Expenditure
Report from Contractor.
8.3. Contractor is required to limit Administration costs to no more than ten percent
(10%) of the Total Maximum Compensation. Administration costs will be measured
on a fiscal year basis and based on the information reporting in the Revenue and
Expenditure reports and reviewed by the HCA Contract Manager.
8.4. Funding to support workforce (i.e., retention bonuses) must be reviewed and
approved by HCA Contract Manager prior to being expended.
8.5. Payment shall be considered timely if made by HCA within thirty (30) days after
receipt and acceptance by HCA of the properly completed reports.
8.6. Payment may be withheld if the deliverables are not met by the date indicated in the
table below.
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Washington State 22 HCA Contract #K8532
Health Care Authority Attachment 1
8.7. Deliverables Table
Deliverables Table
July 1, 2025 through June 30, 2027
# Deliverable Due Date Maximum
Amount
Treatment Account (CJTA) Plan that was
approved by the Local CJTA panel and
signed by County Legislative Authority
that indicates how the CJTA
• Progress Report
• R&E
• PTR
end of State Fiscal
Quarter
• Progress Report
• R&E
• PTR
end of June 30,
2027
expenditures per Section
8.1.1 but not to exceed
$21,617.00
Total Maximum Compensation
$182,950.00
Docusign Envelope ID: 201B5160-BDD6-4ECB-876C-9167D70E107C
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From:Ext: 206/299
Superior Court ☒
Action Agenda: ☐
Public Hearing: ☐
☐
Briefing Date(s): November 17, 2025 Agenda Date(s):
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Approval to shift REIT funding from Juvenile Detention cabinet replacement to heat pump replacement.
Background/Executive Summary:
The heating and cooling system in the Juvenile Detention Center has failed; it is original to the building.
Kelly Frazier has a bid from Bradley Air to replace two of the four units for $44,556. We received
approval in the 2025 Budget to spend up to $48,000 of REIT funds to replace the cabinetry in Juvenile
Detention. We have been unable to find a contractor to do that work. We request approval to use the
cabinet funding to replace the two heat pumps.
Budget Impact (amount, funding source, budget amendment, etc.):
A net savings of REIT funding of about $3400.
Public Outreach:
n/a
Requested Action:
Direct staff to shift proper funds from cabinet replacement to heat pump replacement.
Attachment(s):
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Steve Duenkel Ext: 468
Auditor ☒
Action Agenda: ☒
Public Hearing: ☐
☐
Briefing Date(s): November 17, 2025 Agenda Date(s): November 25, 2025
Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☒ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
Item: Purchase of Hart Intercivic Verity Vanguard Voting System Machine.
Background/Executive Summary: Executive Order (EO) 14248, “Preserving and Protecting the
Integrity of American Elections, requires shall the Federal Elections Assistance Commission (EAC) to
take appropriate action to review and, if appropriate, re-certify voting systems to Voluntary Voting System
Guidelines 2.0 (VVSG 2.0). The Hart Intercivic Verity Vanguard system is the only system certified to
VVSG 2.0 criteria. The EAC awarded this certification on July 7, 2025.
The Office of Secretary of State completed testing for State certification on September 8, 2025. Test
results have been reviewed by the Voting System Review Board. The Board will share the results of their
review and make recommendations regarding certification on November 18, 2025.
The Washington State Director of Elections plans to review the Voting System Review Board
recommendations with Secretary of State Hobbs in the first week of December 2025 for his final
approval.
The Office of Secretary of State affirmed with the Auditor’s Office that HAVA Election Security Grant
money can be used for the purchase of this system on October 14, 2025.
In the event that Secretary of State does not give final approval for State certification of the system, the
purchase agreement between Hart Intercivic and Mason County is null and void as reflected in the
updated Master Agreement from Hart. I would like to execute this agreement following the anticipated
favorable report from the Voting System Review Board on November 18, 2025, to ensure timely delivery
in mid-December to support ballot design for the February 2026 Special Election.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): $165,108.74
This price reflects as ‘first mover’ discount. Funds to be allocated from HAVA Grant and Auditor’s
Machine & Equipment Special Fund 109. These funds are not eligible for use on other County priorities.
Public Outreach: N/A
Requested Action: Request Board of County Commissioners Approval for the Auditor to purchase the
Hart Intercivic Verity Vanguard 1.0 System, sign the purchase order, and sign the Master Agreement.
Attachment(s):
$165,108.74Grand Total
Mason County, WAAccount Name
00015554Quote Number
Confidential - Not for Redistribution
Item Description Unit Price Quantity Total Price
Vanguard Flex Ballot marking device $4,400.00 3 $13,200.00
Vanguard
Accessible Booth Wheelchair-accessible voting booth w/ transport bag for Vanguard Flex $500.00 3 $1,500.00
Vanguard Flex
Integrated Privacy
Screen
Integrated privacy screen for Vanguard Flex $79.00 3 $237.00
Vanguard Access Detachable ATI module for use with Vanguard Flex or Vault $520.00 3 $1,560.00
Verity
Headphones Headphones for Vanguard Flex units $20.00 3 $60.00
Vanguard Boost On-demand ballot printer $5,190.00 2 $10,380.00
HP LaserJet Pro
4001dn Printer Laser printer for Vanguard Boost $525.00 2 $1,050.00
Printer Tray
Extender Extender to support 22" ballots on HP printer for Vanguard Boost $380.00 2 $760.00
Vanguard
Workspace Vanguard Workspace software; includes Define, Deploy, and Results $22,500.00 1 $22,500.00
Vanguard Test
Decks Vanguard Workspace module for creation of pre-marked test decks and results files $6,000.00 1 $6,000.00
Vanguard Capture Vanguard Capture software $6,750.00 1 $6,750.00
Vanguard Capture
(Additional Seat)Vanguard Capture software $5,400.00 1 $5,400.00
Vanguard
Workstation
Workstations for Vanguard software w/ 5-year warranty. Two (2) configured with
Workspace and Test Decks (one active and one backup), two (2) configured with
Capture Seat 1 (one active and one backup) and one (1) configured as Capture Seat
2.
$5,900.00 5 $29,500.00
24" Flat Panel
Monitor Monitor for use with Vanguard Workstation 5
Canon DR-G2140
Central Scanner
w/ Imprinter
Central ballot scanner w/ 1-year warranty (preventative maintenance sold separately);
annual warranty and maintenance is optional and available separately from a trusted
Hart partner
$11,550.00 2 $23,100.00
Imprinter Ink
Cartridge, Canon
Scanner
$580.00 2 $1,160.00
IntoPrint SP1360
Printer Ballot printer w/ 1-year on-site warranty $7,775.00 1 $7,775.00
Toner Cartridge,
IntoPrint SP1360,
Black
Black toner cartridge for IntoPrint SP1360 printer (approximate yield 38,000 pages)$200.00 1 $200.00
Brother
EX415DW Printer Laser printer for report printing $895.00 3 $2,685.00
vDrive Proprietary memory device for use with voting system (compatible with Vanguard)$94.00 30 $2,820.00
Verity Key Electronic security token $155.00 2 $310.00
Vanguard
Security Token 2-factor authentication key for Vanguard software $95.00 8 $760.00
Verity Voting
Device Battery Rechargeable battery for Verity voting device $140.00 3 $420.00
$165,108.74Grand Total
Mason County, WAAccount Name
00015554Quote Number
Confidential - Not for Redistribution
This quote is non-binding, until such time as a Vanguard Master Agreement is executed, after State Certification of the
Please fax with signature to or scan and email to
to order.ktrethewey@hartic.com
Instructions
Net 30Payment Terms
12/31/2025Expiration Date
(360) 427-9670Phone
sduenkel@masoncountywa.govEmailSteve DuenkelContact Name
411 N 5th St.
Shelton, WA 98584
Ship ToP.O. Box 400
Shelton, WA 98584
Bill To
$43,880.00Total Annual
Recurring Fees
$165,108.74Grand Total
$13,493.74Tax
($13,833.00)Special Discount
$165,448.00Solution Price
$2,750.00Shipping and Handling (Estimated)
$162,698.00Subtotal
Battery Charger, 1
Bay 1-bay charger for Verity voting device battery $185.00 1 $185.00
Vanguard Starter
Pack
Includes qty 1 case of thermal ballot paper (8.5x11), qty 1 case of Security Ticket
Stock, qty 1 Vault Calibration Kit, and qty 1 Flex Cleaning Kit $386.00 1 $386.00
New
Implementation
Services
Includes training, acceptance testing, project management, and on-site support for the
first election on the Vanguard voting system. Additional services, if required, must be
purchased separately.
$24,000.00 1 $24,000.00
Annual Recurring Fees (Beginning Year 2)
Item Description Unit Price Quantity Total Price
License and Support w/ Extended Warranty -
Vanguard Flex
Annual fee for license and support with extended warranty
for Vanguard Flex $255.00 3 $765.00
License and Support w/ Extended Warranty -
Vanguard Boost
Annual fee for license and support with extended warranty
for Vanguard Boost $275.00 2 $550.00
License and Support - Vanguard Workspace Annual license and support fee for Vanguard Workspace $22,500.00 1 $22,500.00
License and Support - Vanguard Capture Annual license and support fee for Vanguard Capture $6,750.00 1 $6,750.00
License and Support - Vanguard Capture
(Additional Seat)
Annual license and support fee for Vanguard Capture
(Additional Seat)$5,400.00 1 $5,400.00
Biennial Maintenance Annual fee for Biennial Maintenance of Vanguard devices
(Vault, Flex, Boost)$1,915.00 1 $1,915.00
License and Support - Vanguard Test Decks Annual license and support fee for Vanguard Test Decks $6,000.00 1 $6,000.00
Customer Contact
General Information
Terms and Conditions
$165,108.74Grand Total
Mason County, WAAccount Name
00015554Quote Number
Confidential - Not for Redistribution
Title: ________________________________________________
Date: ________________________________________________
Name: ______________________________________________
Customer Approval: ____________________________________
Director of SalesTitle
Signature
Ken TretheweyPrepared By
Vanguard system.
Hart will provide Returning Customer Discount above if customer executes a Verity Vanguard Master Agreement within 30
days of system certification by the State of Washington.
Subsequent License and Support will be billed annually per contract terms.
Please note: Shipping & Handling charges listed are estimates only. Due to global supply chain and delivery issues, actual
shipping & handling charges may be significantly higher. Pricing subject to inventory availability at time of quote execution
and acceptance.
Taxes will be calculated in conjunction with the Customer based on the final approved price list.
Hart Approval
Customer Approval
Action Items:
• News Release: Early Closure of Eells Hill Transfer Station and Belfair Drop Box on December
18th.
Discussion Items:
Commissioner Follow-Up Items:
• River Haven Surplus Property
Upcoming Items:
November 25th @ 9:15 Public Hearing to consider 25mph speed limit on Yates Road
November 25th @ 9:15 Public Hearing to consider 25mph speed limit on Ellis Road
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
November 17, 2025
NEWS RELEASE
NOVEMBER 25, 2025
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Early Closure of Eells Hill Transfer Station and Belfair Drop Box on
December 18th
Mason County Public Works announces the early closure of the Eells Hill Transfer and
Belfair Drop Box solid waste stations on Thursday, December 18th.
The last customer will be accepted at 12:30 p.m. at the Eells Hill Transfer Station and at
11:30 a.m. at the Belfair Drop Box Station. These closures are to allow for a Public
Works Staff Christmas Luncheon and All-Hands Staff Meeting.
We kindly ask the public to plan ahead, and we appreciate your understanding and
cooperation.
BOARD OF MASON COUNTY COMMISSIONERS
Sharon Trask,
Chair
Pat Tarzwell,
Vice Chair
Randy Neatherlin,
Commissioner
Mason County Administrator
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
November 10, 2025
Specific Items for Review
Kim Monroe- Lieutenants Contract
2025 October Financial Report – Kathy Chaussee
2025 Budget Amendments - Jennifer Beierle
2026 Proposed Budget - Jennifer Beierle
Administrator Updates
Amendment to the 11/10/25 Agenda for LTAC Committee Interview
Commissioner Discussion
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Kim Monroe Ext: Click or tap here to enter text.
Human Resources ☒
Action Agenda: ☐
Public Hearing: ☐
☐
Briefing Date(s): November 17, 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
Item:
Tentative Agreement on Lieutenant Contract
Background/Executive Summary:
We have reached a tentative agreement for the first labor contract with the MCSO Lieutenant’s Guild as
of Nov 10, 205. This concludes the ongoing efforts to reach an agreement since the certification of the
bargaining unit in October of 2024.
Key terms are summarized as follows:
• Effective Nov 1:Wage adjustment of 11.6%. This resolves compression issues that exist between
Sargent’s class and the Lieutenants, and maintains our compensation within a comfortable range
of comparable counties.
• Jan 2027 – 2% wage adjustment
• Jan 2028 – 2% wage adjustment
• Jan 2029 – 2.5% wage adjustment
Healthcare premiums increase by $52 per year, consistent with non-represented and other contracts
Vacation/Sick Leave accrual and Longevity remain consistent with County Policy
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
Working with Financial Services to finalize total package cost
Union Outreach:
Currently working with the Union’s negotiator to do final contract review and prep for signatures
Requested Action:
Schedule to present for BOCC signatures on 24th.
Attachment(s):
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Jennifer Beierle Ext: 532
Central Services ☒
Action Agenda: ☒
Public Hearing: ☒
☐
Briefing Date(s): 11/17/2025 Agenda Date(s): 11/25/2025, PH 12/16/2025
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Requests for supplemental appropriations and amendments to the 2025 budget
Background/Executive Summary:
Requests for supplemental appropriations and amendments to the 2025 budget are attached.
Budget Impact (amount, funding source, budget amendment, etc.):
See Attached
Public Outreach:
RCW 36.40.100 requires the Board to publish notice in the official county newspaper for two consecutive
weeks prior to the budget hearing.
Requested Action:
Request to set a public hearing for December 16, 2025, at 9:15 a.m. to consider and approve supplemental
budget requests and budget transfers to the 2025 budget.
Attachment(s):
Draft Resolution for Budget Supplemental Appropriations and Amendment Requests and
Proposed 2025 Budget Amendment #2 Detail and Detailed Budget Entries
RESOLUTION NO.
2025 BUDGET
BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS - NOTICE OF HEARING
WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget
for the year 2025, it is necessary to make provisions for supplemental appropriations and amendments to the budget
as required by RCW 36.40.100, and RCW 36.40.195; and
WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachments A & B to this
Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified, which
were not known at the time of original budget adoption; and
WHEREAS, the net total of adjustments to 2025 authorized expenditure appropriations in the General Fund is
an increase of $1,871,654; and
WHEREAS, the net total of adjustments to 2025 authorized expenditure appropriations in funds other than
the General Fund is an increase of $549,609; and
THEREFORE, BE IT RESOLVED BY THE Board of Mason County Commissioners:
That the 16th day of December, 2025 at the hour of 9:15 a.m., in the Mason County Commissioners Chambers in
Courthouse Building I, 411 North 5th Street, Shelton, Washington, is hereby fixed as the time and place for a public
hearing upon the matter of Budget Amendment Requests to the 2025 Budget as provided in Attachments A & B to
this Resolution.
A copy of this resolution and the proposed amendments to the 2025 budget is available by contacting Jennifer
Beierle, Budget & Finance Manager, at (360) 427-9670 ext. 532.
The Clerk of the Board is hereby authorized, empowered, and directed to cause notice of such hearing to be published
as provided by law.
DATED this 25st day of November, 2025
____________________________
McKenzie Smith, Clerk of the
Board
APPROVED AS TO FORM:
____________________________
Tim Whitehead, Chief DPA
Publish 2x 12/4 & 12/11 bill to
Commissioners,
th
MASON COUNTY, WASHINGTON
_________________________________
Sharon Trask, Chair
_________________________________
Pat Tarzwell, Vice Chair
_________________________________
Randy Neatherlin, Commissioner
ATTACHMENT A TO RESOLUTION NO. _________2025 BUDGET AMENDMENT #2
DETAIL
LINE
FUND
FUND NAME DEPARTMENT
REVENUE EXPENDITURE
1 001
2 001
4 001
COURTHOUSE
60,000
INCREASE IN SECURITY NEEDS DUE TO THE
5 001 350,000
6 001 1,300,000 1,300,000
7 001
FOR PURCHASE OF INTERCIVIC VERITY
VANGUARD VOTING SYSTEM THAT HAS NOT
8 109
ELECTION
136,600 165,109
VOTING SYSTEM - NEEDS TO BE APPROVED BY
THE BOARD BEFORE BUDGET AMENDMENT IS
9 164
10 412
TO BELFAIR SEWER DUE TO MATCH ACTUAL
11 194
TO BELFAIR SEWER DUE TO MATCH ACTUAL
GENERAL FUND TOTAL 1,309,000 1,871,654
OTHER FUNDS TOTAL 136,600 549,609
ALL FUNDS GRAND TOTAL 1,445,600 2,421,263
Page 1 of 2
ATTACHMENT B TO RESOLUTION NO. _________2025 BUDGET AMENDMENT #2 DETAILED BUDGET ENTRIES
LINE
FROM
ACCOUNT TYPE I/D REVENUE
BALANCE
DESCRIPTION
General Fund Total:1,309,000 1,871,654 (562,654)
Other Funds Total:136,600 549,609 (413,009)
All Funds Grand Total:1,445,600 2,421,263 (975,663)
Page 2 of 2
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Jennifer Beierle Ext: 532
Central Services ☒
Action Agenda: ☐
Public Hearing: ☐
☐
Briefing Date(s): 11/17/2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
Item:
Overview of the 2026 Proposed Budget Draft
Background/Executive Summary:
The 2026 proposed summary budget includes the Board of County Commissioner’s maintenance level
budget as of November 17, 2025.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
See attached.
Public Outreach:
The 2026 proposed budget summary and detail will be posted on the County’s website:
www.masoncountywa.gov by November 17, 2025. The public is invited to comment throughout the
budget process.
Requested Action:
Request the Board review the draft 2026 Mason County Budget for the General Fund by Department and
all other County funds at the fund level.
Attachment(s):
• 2026 Mason County Summary Draft Budget as of November 17, 2025: General Fund by
Department & all County funds at the fund level
• Policy Level Requests listed by General Fund Departments and Special Funds
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: Central Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): November 17, 2025 Agenda Date(s):
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item:
Fill Vacant Generator Position on the Mason County Lodging Tax Advisory Committee
Background/Executive Summary:
The Lodging Tax Advisory Committee (LTAC) shall consist of at least five (5) members appointed by the
Mason County Board of County Commissioners (BOCC). The committee shall include at least two
representatives of businesses that are required to collect lodging tax; at least two members who are
persons involved in activities that are authorized to be funded by lodging tax revenue; and one Mason
County Commissioner who shall serve as the Chair of the LTAC.
Currently two Generator and three Spender positions are filled:
Generators – John DeLeva and Taylor Jacobs
Spenders – Duane Wilson, Susan "Rachel" Hansen, and Deidre Peterson
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Approval to appoint Kerry Myers as a Generator on the Mason County Lodging Tax Advisory
Committee (LTAC).
Attachment(s):
Application
Entry #: 50 - Lodging Tax Advisory Committee (LTAC)Status: Submitted Submitted: 10/29/2025 4:20 PM
Advisory Board Name:
Lodging Tax Advisory Committee (LTAC)
Name:
Kerry Myers
Today's Date:
10/29/2025
Address
Voting Precinct:Phone
(
Email
Community Service:
Hood Canal Improvement Club
Hood Canal Festivals (Fjordin Crossin)
McReavy House of Hood Canal
Employment:
North Mason Chamber of Commerce, President
Be The Traveler Concierge, Owner
What do you perceive is the role or purpose of this advisory board?
Assist in allocating lodging tax funds under the guidance of the County Commission. Promote and drive tourism to Mason County.
Collaborate with the committee to develop fresh, innovative ideas to enhance tourism.
What interest or skills do you wish to offer this advisory board?
With 25 years in hospitality, including ownership of Robin Hood Restaurant, Hood Canal Events, and currently Be The Traveler Concierge, I
bring extensive expertise in tourism and event planning. I represent 18 vacation rentals in Mason County, providing comprehensive property
management services. Actively involved in county events such as Fjordin Crossin and Hoodstock, I offer a wealth of hands-on experience in
event planning and tourism promotion. With a strong background in marketing and design, I am highly motivated, extremely creative, and
passionate about driving tourism growth in Mason County.
List any financial, professional, or voluntary affiliations that could create a potential conflict of interest:
I don't believe I have any conflicts of interest
Required Training:
Participation is dependent on attending certain trainings such as the Open Public Meetings Act (OPMA) and Public
Records Act (PRA) trainings at no cost to you. Will you be able to attend such trainings?
Yes or No:
Yes
How much time can you commit to this
advisory board:
Monthly
Are you a U.S. citizen and Mason
County resident?
Yes
*For Civil Service applications ONLY, what is
your political party?