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BEFORE THE LOCAL BOARD OF HEALTH PACIFIC COUNTY, WASHINGTON 1216 W. Robert Bush Drive South Bend, Washington

Tuesday, August 10, 2021 9:00AM or as soon thereafter as possible

All regular/special meetings/hearings will be held via Zoom: https://zoom.us/j/347547406 AGENDA

All matters listed within the Consent Agenda have been distributed to each County Commissioner for review and are considered routine. Consent Agenda items will be approved by one motion of the Local Board of Health with no separate discussion. If separate discussion is desired on a certain item, that item may be removed from the Consent Agenda at the request of a Commissioner for action later.

Call to Order

PLEDGE OF ALLEGIANCE FOR PACIFIC COUNTY LOCAL BOARD OF HEALTH & BOARD OF COUNTY COMMISSIONERS MEETINGS

Public Comment (limited to three minutes per person)

No business for the Local Board of Health

The Board may add and take action on other items not listed on this agenda and order of action is subject to change.

The hearing facility is “barrier free” and accessible by those with physical disabilities. Aids will be provided upon request for those with language/speaking or hearing impediments, but requests need to be received at least five (5) business days prior to this hearing. Such requests may be filed in person at the Commissioners’ Office at the address noted above or at 360/875-9337.

Pacific County is an Equal Opportunity Provider, and Employer BEFORE THE BOARD OF COMMISSIONERS PACIFIC COUNTY, WASHINGTON 1216 W. Robert Bush Drive South Bend, Washington

Tuesday, August 10, 2021 9:00AM or as soon thereafter as possible The Board of County Commissioners meeting will be called to order following the business of the Local Board of Health

All regular/special meetings/hearings will be held via Zoom: https://zoom.us/j/347547406

AGENDA All matters listed within the Consent Agenda have been distributed to each County Commissioner for review and are considered routine. Consent Agenda items will be approved by one motion of the Board of County Commissioners with no separate discussion. If separate discussion is desired on a certain item, that item may be removed from the Consent Agenda at the request of a Commissioner, for action later. MEETINGS/WORKSHOPS

PUBLIC HEARING 10:00AM authorizing Amendment #3 to the Fiscal Year 2021 budget

Call to Order

Public Comment (limited to three minutes per person)

CONSENT AGENDA (Items 1-2)

Health & Human Services Department 1) Approve Amendment 1 to Contract #FE-2.10.2101 with Cascade Pacific Alliance to provide Care Connect services due to COVID-19 exposure

General Business 2) Approve Vendor Claims, Warrants Numbered 156699 thru 156789 in the amount of $329,545.63 and Warrants Numbered 156790 thru 156869 in the amount of $535,802.32

ITEMS REGARDING DEPARTMENT OF PUBLIC WORKS 3) Consider approval of Boat Launch Agreement with Washington State Department of Fish and Wildlife for Naselle Water Access Site; authorize Chair to sign 4) Consider award of the Call for Bids for the Butte Creek Road Resurfacing Project 5) Consider approval of Interlocal Agreement with Grays Harbor County for GIS Services for required redistricting 6) Consider approval of Communications Facility Use Agreement with Rayonier Operating Company, LLC and rescind motion of March 9, 2021 7) Consider approval of request to post, advertise and hire Administrative Assistant, Local 367C Grade 7

The Board may add and take action on other items not listed on this agenda and order of action is subject to change.

Pacific County is an Equal Opportunity Provider, and Employer August 10, 2021 Page 2

8) Consider approval of request to post, advertise and hire Engineer Technician I/Facilities Maintenance, Local 367C Grade 8 9) Consider adoption of Resolution No. 2021-_____ authorizing the temporary closure of Viking Way

ITEMS REGARDING DEPARTMENT OF COMMUNITY DEVELOPMENT 10) Consider approval of Agreement No. SWMLSWFA-2012-PaCCDD-00010 with Department of Ecology to enforce solid waste codes and monitor solid waste facilities for compliance 11) Consider approval of request to post, advertise and hire for vacant Environmental Health Specialist, Grade 14 12) Consider approval of Family Medical Leave for a qualifying event

ITEMS REGARDING HEALTH & HUMAN SERVICES DEPARTMENT 13) Consider approval of request the reduction of Amanda Berube, Licensed Practical Nurse to regular part-time (0.49FTE), effective August 1, 2021 14) Consider approval of Contract with Coastal Community Action Program to provide Developmental Disabilities Employment Services 15) Consider approval of County Program Agreement Number 2163-23594 Working Advance Long-Term Payable with Department of Social Health Services; authorize Chair to sign 16) Consider approval of request for intermittent Family Medical Leave for a qualifying event and consider approval of Leave Credit Transfers 17) Consider approval of Change in Status for Wendy D’Agostino, Licensed Practical Nurse, Grade 12 and acknowledge conclusion of temporary casual employment for April Modawell, Public Health Nurse

ITEMS REGARDING NORTH DISTRICT COURT 18) Acknowledge resignation of Deputy District Court Clerk, Jerri Hawks, effective August 18, 2021, and consider approval of request to post, advertise, and hire for vacant Local 367C Grade 10 position

ITEMS REGARDING COUNTY FAIR 19) Consider approval of request to hire temporary help for fair

ITEMS REGARDING GENERAL BUSINESS 20) Consider approval of T-Mobile Smarsh Services Addendum; authorize County Auditor to sign

EXECUTIVE SESSION 21) To discuss any matter suitable for Executive Session in accordance with Chapter 42.30.110 RCW

The Board may add and take action on other items not listed on this agenda and order of action is subject to change.

Pacific County is an Equal Opportunity Provider, and Employer August 10, 2021 Page 3

PUBLIC HEARING – 10:00AM 22) Consider adoption of Resolution No. 2021-______authorizing Amendment #3 to the Fiscal Year 2021 budget

ITEMS REGARDING HEALTH & HUMAN SERVICES DEPARTMENT 23) Consider approval of request to post, advertise and hire Human Services Program Specialist, Local 367C Grade 13

The Board may add and take action on other items not listed on this agenda and order of action is subject to change.

Pacific County is an Equal Opportunity Provider, and Employer Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 August 10th 2021 AGENDA REQUEST FORM

ACTION: [] Approved/Confirmed [I Denied Agenda Item # 1 [1] Subject to adequate budget appropriations Initial Date [1 No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time DISTRIBUTION LIST: [IRF [cr [JsEa oTHER ]Assk [1 Aaup [lcs Llcierg [pep [ 1ppw L1EMA [1rAaR lure [ir [luv INDC [ Ipaccom [pros [1spc [1rcso [JsuprcT [JTRSR [vec [lwsu [1367¢ AGENDA ITEM REQUEST Attach all required documentation

Department/Office Health and Human Services Date August 2nd 2021

Contract Kate ossazs Name & Title Care Connect Amendment Signature Cooper gts ora NARRATIVE OF REQUEST: Requesting signature of Contract # FE-2.10.2101 Amendment # 1 with Cascade Pacific Action Alliance (CPAA). This contract is to provide Care Connect services to people who need to quarantine and isolate due to COVID 19 exposure. The contract amendment will run from July 1st 2021 until June 30th 2022, and replaces the existing contract initiated January 1st 2021.

RECOMMENDED MOTION be completed Clerk Board/Deputy of [To by ofthe Clerk theBoard]

I move to approve Amendment 1 to Contract #FE-2.10.2101 with Cascade Pacific Alliance to provide Care Connect services due to COVID-19 exposure and authorize Chair to sign

Resolution No. 2019-043 Page 1 *[Agenda Request Form Cascade Pacific Action Alliance WA CARE CONNECT CONTRACT AMENDMENT 2021

NAME OF SUBCONTRACTOR 2A. CONTRACT NUMBER Pacific County Health & Human Services FE-2.10.2021 COUNTY COMMISSIONER 2B. AMENDMENT #1 FACILITATOR NAME & EMAIL PHONE

1. THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS The contract identified herein, including any previous amendments thereto, is hereby amended as set forth in item 5 below by mutual consent of all parties hereto.

2. THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS The contract identified herein, including any previous amendments thereto, is hereby unilaterally amended as set forth in item 5 below pursuant to the changes and modifications clause as contained therein.

3. DESCRIPTION OF AMENDMENT: i. This Amendment’s effective date shall be 7/1/2021 through 6/30/2022 ii. This Amendment modifies “Section 6 Contract Management” to: a. CPAA Point of Contact for contract information or questions: Christine Haywood, Director of Internal Resources - [email protected] b. CPAA point of contact for program information or questions: Olivia Reed, Sr. Program Coordinator – [email protected] or Kennedy Chesoli, Director of Programs

6. This is a unilateral amendment. Signature of contractor is not required below.

Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below. IN WITNESS WHEREOF, CHOICE and the Subcontractor have signed this agreement.

SUBCONTRACTOR SIGNATURE DATE

CASCADE PACIFIC ACTION ALLIANCE SIGNATURE DATE DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

CPAA CARE CONNECT WASHINGTON SERVICES AND SUPPORT AGREEMENT

This CPAA CARE CONNECT WASHINGTON SERVICES AND SUPPORT AGREEMENT (“Agreement”) effective January 1st, 2021 is entered into by and between Cascade Pacific Action Alliance, a Washington Limited Liability Company, doing business as CPAA ACH LLC (“CPAA”), and Pacific County Health and Human Services, a _[type of organization: government agency, 501(c)3, etc.]______a municipal corporation______(“Partner”). CPAA and Partner are individually referred to as a “Party” and together referred to as the “Parties”.

RECITALS

A. CPAA is a Washington Limited Liability Company.

B. CPAA is collaborating with various care coordination agencies in central west Washington to address the COVID-19 outbreak and move towards a state-wide care coordination support system during isolation and quarantine.

C. Partner is a care coordination agency that desires to collaborate with CPAA in this program.

AGREEMENTS

The Parties hereto agree as follows:

1. The Program: Partner must perform the duties and provide the deliverables set forth in Exhibit 1 (Statement of Work) and Exhibit 2 (CPAA Care Connect WA Visit OBU Model).

2. Period of Performance: The period of performance of this Agreement will commence on January 1, 2021 through June 30, 2021. The contract may be extended through December 31, 2021, unless terminated sooner, or extended in accordance with the terms of this Agreement.

3. Funds: Subject to the terms of this Agreement, CPAA hereby commits to pay partner for completed Outcome Based Units (OBU) according to Exhibit 1 (Statement of Work) and Exhibit 2 (CPAA Care Connect Washington Visit OBU Model)

4. Payment of Funds: Payment to partners is contingent upon CPAA review and approval of forms submitted via the Care Coordination Systems software platform. CPAA will process all forms submitted by Partner on a regular basis and provide Partner with a monthly statement of eligible OBU. Eligible OBU on the monthly statement will be paid to Partner within 30 days of the statement date. Financial correspondence should be submitted to [email protected] and [email protected].

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

5. Final Payment: Upon termination or expiration of this Agreement, the final payment of Funds will be dependent upon receipt of all forms completed and not yet paid during the period of this agreement. All documentation must be submitted within 60 days of termination for review.

6. Contract Management: Each Party will designate a point of contact who will be responsible for all communications regarding this Agreement and the Program. The initial point of contract for each Party will be:

CPAA Point of Contact: Michael O’Neill [email protected] Partner Point of Contact: Todd Strozyk [email protected]

Each Point of Contact, via its point of contact, will be reasonably available for both in-person and remote communication with the other Party.

7. Responsibilities of Partner: a. In the event Partner desires to change its legal status, organizational structure or fiscal reporting, Partner will provide CPAA with 30 days’ prior written notice. b. Partner must, in a timely manner, submit all reports required by and in accordance with the Program Expectations and provide CPAA with all additional information and documentation requested by CPAA. c. All expenses incurred by Partner during the performance of this Agreement or the Program are the responsibility of the Partner.

8. Responsibilities of CPAA: a. CPAA will be responsible for distribution of approved funding to Partner. b. CPAA will review all information submitted by Partner in a timely manner. c. CPAA will provide reasonably requested assistance that supports the Partner in achieving the results of the Program Expectations. d. All expenses incurred by CPAA during the performance of this Agreement are the responsibility of CPAA.

9. Records: Partner will maintain complete and accurate books, records, documents and other evidence related to this Agreement, the Program and the Funds (“Records”). Partner will retain all Records for a period of six years following receipt of its final payment of Funds or otherwise required by applicable law and regulations. Such Records must be sufficient to support confirmation that all information submitted by Partner to CPAA for all reports required under this Agreement or by CPAA are true, complete, and accurate. Partner authorizes CPAA or its representatives or agents and state and federal officials to review, inspect, or audit Records upon written request during the term of this Agreement and fir six years after Partner’s receipt of its final payment of Funds.

10. Representations and Warranties. DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

a. Partner represents that Partner is familiar with, shall be governed by and shall comply with all federal, state and local statutes, laws, ordinances and regulations including amendments and changes as they occur. Partner certifies that Partner and any and all personnel employed or engaged by Partner (i) are presently authorized to do business in Washington state and have the authority and possess all licenses to enter into this Agreement; (ii) are not presently suspended, ineligible or disbarred wherein they would be unable to assist or perform under this Agreement; (iii) are not under investigation, have not been charged or convicted of fraud or a criminal offense in connection with obtaining, and attempting to obtain, or performing a public transaction or contract under a public transaction; (iv) have never been accused or convicted of any crime of dishonesty, moral turpitude or violence; (v) are not in violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (vi) are not presently indicted or otherwise criminally or civilly charged by a government entity with the commission of any offenses enumerated above; and (vii) have not, within a three-year period preceding this Agreement, had one or more public transactions terminated for cause or default. b. Each Party represents and warrants that it has all requisite corporate power and authority to execute and deliver this Agreement and to consummate the transactions contemplated herein and to perform its obligations in accordance with the terms of this Agreement.

11. Insurance. Partner must maintain at Partner’s sole expense, insurance coverage of such amounts and types usually maintained by entities such as the Parties, including but not limited to comprehensive general liability insurance, workers compensation, and errors and omissions coverage.

12. Indemnity. CPAA and Partner shall each be responsible for their own acts and omissions, and the acts and omissions of their agents and employees. Each party to this Agreement shall defend, protect and hold harmless the other party, or any of the other party’s agents, from and against any loss and all claims, settlements, judgments, costs penalties, and expenses, including attorney’s fees, arising from any willful misconduct, or dishonest, fraudulent, reckless, unlawful, or negligent act or omission of the first party, or agents of the first party, while performing under the terms of this Agreement except to the extent that such losses result from the willful misconduct, or dishonest, fraudulent, reckless, unlawful or negligent act or omission on the part of the second party. Each party agrees to notify promptly the other party, in writing, of any claim and provide the other party the opportunity to defend and settle the claim.

13. Data Security Laws. Partner represents with, and will remain in compliance with, all domestic data privacy and data security laws, rules, and regulations related to the protection of Personal Information (collectively, “Data Security Laws”), including without limitation that it has in place appropriate administrative, technical, and physical safeguards to comply with such laws, rules, and regulations. Partner further represents and warrants that it has policies and agreements that comply and warrants that it is in compliance with applicable Data Security Laws, and that these policies and agreements are such that any information, including Personal Information, obtained by, provided to or accessed by Partner, will not cause CPAA or Partner to violate any applicable Data Security Laws. “Personal Information” means any information related to any identified or DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

identifiable natural or legal person as well as any other additional information deemed personal data under applicable personal data protection laws.

14. Confidentiality.

a. “Confidential Information” means information in any form or medium (whether oral, written, electronic, or other) that a Disclosing Party (as defined in Section 14.b) considers confidential or proprietary. “Confidential Information” does not include information that the Receiving Party (as defined in Section 14.b) can demonstrate by written or other documentary records: (i) was already known to the Receiving Party without restriction on use or disclosure prior to its receipt of or access to such information in connection with this Agreement; (ii) was or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the Receiving Party or any of its Representatives (as defined in Section 14.b); (iii) was or is received by the Receiving Party from a third party who was not or is not, at the time of such receipt, under any obligation to the Disclosing Party to maintain the confidentiality of such information; or (iv) was or is independently developed by the Receiving Party without reference to or use of any of the Disclosing Party’s Confidential Information.

b. In connection with this Agreement, each Party (for purposes of this Section 0, the “Disclosing Party”) may disclose or make available Confidential Information to the other Party (for purposes of this Section 0, the “Receiving Party”). As a condition to being provided with any disclosure of or access to the Disclosing Party’s Confidential Information, the Receiving Party will: (i) not use the Disclosing Party’s Confidential Information other than as necessary to exercise its rights or perform its obligations under this Agreement; (ii) not disclose the Disclosing Party’s Confidential Information except to its directors, officers, employees, consultants, or legal advisors (“Representatives”) who: (i) have a need to know for the purposes of the Receiving Party’s exercise of its rights or performance of its obligations under this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party’s obligations under this Section 0; and (iii) are bound by confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section 0. The Receiving Party is responsible for ensuring its employees’, consultants’, and legal advisers’ compliance with, and shall be liable for any breach by such individuals of, this Section 0.

c. At the Disclosing Party’s request, the Receiving Party shall return or destroy, as requested, the physical materials containing or relating to the Disclosing Party’s Confidential Information, without retaining any copies. In the event of default under this Agreement by the Receiving Party, the Disclosing Party shall be entitled to seek injunctive relief in addition to any other remedies, including (without limitation) damages. DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

d. Nothing in this agreement shall preclude Partner from disclosing records required to be disclosed under the Washington Public Records Act. Partner will notify CPAA prior to the release of any records in the event that Partner believes that the public records act requires the disclosure of confidential records under this agreement.

15. Nondiscrimination. Both Parties must strictly comply with applicable federal, state and local civil rights laws and shall not discriminate on the basis of race, color, national origin, age, disability or sex, or other protected status.

16. Termination.

a. Unless earlier terminated or extended, this Agreement will terminate on the Completion Date of June 30th, 2021.

b. Either Party may terminate this Agreement for any or no reason by providing the other Party with 30 days’ prior written notice.

c. Each Party may terminate this Agreement for cause with immediate effect if the other Party does not fulfill an obligation under this Agreement or if the other Party violates any term or condition of this Agreement and such failure or violation is not cured, if curable, within 30 days after delivery of written notice of such failure or violation.

d. CPAA may terminate this Agreement upon 24 hours written notice to Partner if any license, certification, or governmental approval of material relevance to its performance under this Agreement is suspended, terminated, revoked, or surrendered.

e. CPAA may terminate this Agreement with immediate effect in accordance with Section 19.

f. In the event CPAA’s funding from the Department of Health is canceled or modified or if CPAA’s authority to perform its duties is withdrawn, reduced, or limited in any way, CPAA may terminate this Agreement with immediate effect by providing written notice to Partner. No penalty will accrue to CPAA as a result of termination of this Agreement pursuant to this Section.

g. A Party may terminate this Agreement with immediate effect if, the other Party (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

17. Effect of Termination.

a. Partner understands that the Funds for this Project and future related transformation projects has been and will be based upon the complete performance of this Agreement by Partner. Partner understands and agrees that the damages suffered by CPAA are difficult if not impossible to estimate on the Effective Date of this Agreement. In the event of Partner’s breach or abandonment of this Agreement, CPAA, without waiving any other remedies available to it, may retain any monies otherwise due to Partner under this Agreement.

b. Upon expiration or earlier termination of this Agreement, the Parties will be relieved of their respective further obligations under this Agreement except the rights and obligations under Sections 10, 14, and 15 will survive termination.

18. Force Majeure. Any delay or failure of performance by either Party shall not constitute a default if such delay or failure was unforeseeable and beyond the control of a Party, including Acts of God or the public enemy, fire or other casualty for which a Party is not responsible, quarantine or epidemic, severe weather conditions, commercial impracticability, and loss of Funds (collectively, “Force Majeure”). Conditioned upon Partner having no contributory fault, Partner shall be entitled to an adjustment in milestone performance date(s), the Completion Date directly attributable to any act of Force Majeure upon reasonable request, however shall not be entitled to an adjustment to any payment resulting from an act of Force Majeure.

19. Debarment. By signing this Agreement, Partner certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington state or federal department or agency from participating in transactions (debarred). Partner agrees to include the above requirement in any and all subcontracts into which it enters, and also agrees that it will not employ debarred individuals. Partner must immediately notify CPAA if, during the term of this Agreement, Partner becomes debarred. CPAA may immediately terminate this Agreement by providing Partner written notice, if Partner becomes debarred during the term hereof.

20. Entire Agreement. This Agreement is the entire agreement as between the Parties with respect to the Funds. No provision may be waived, modified, or amended except by writing signed by both Parties. All exhibits, recitals, references to extrinsic documents, occurrences and situations, attachments and schedules are hereby incorporated herein by this reference as if fully set forth herein. Except as otherwise specifically provided herein, the exercise of any remedy provided by law or otherwise, and the provisions for any remedy in this Agreement, shall not exclude any other remedy.

21. Severability. If any provision of this Agreement is found to be illegal or unenforceable in any way, it will be enforced to the maximum extent possible, and all other provisions of this Agreement will remain in full force and effect. DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

22. Notices. Notices must be in writing and will be deemed given upon: (i) actual receipt, (ii) the first business day after being sent by nationally recognized overnight courier for next business day delivery, with receipt acknowledged, (iii) five business days after being mailed, postage prepaid, by certified mail, return receipt requested, or (iv) except for notices of breach or termination (“Legal Notices”), when sent by e-mail, or the following business day if sent by e-mail after the close of the recipient’s business day. Legal Notices will be served by contacting the office of Secretary of State to determine the partners Registered Agent. Each partner agrees to maintain their Registered Agent in accordance with WA State RCW 23.b.05.010.

23. Amendment or Modification. Subject to the next sentence, this Agreement may be amended, modified or supplemented at any time prior to the Completion Date by written instrument executed by the Parties. CPAA reserves the right to unilaterally modify, supplement, amend, or change the reporting requirements set forth in this Agreement, including in the Scope of Work or the Partner Reporting Guidance, upon written notice to Partner.

24. Public Statements. Partner may not make any public statements, including, without limitation, any press releases, fliers, signage, etc., with respect to this Agreement or the Project, without the prior consent of the other CPAA (which consent may not be unreasonably withheld), except as may be required by law. CPAA has the authority to inform the Department of Health on information about Partners through ongoing reports.

25. Governing Law and Venue. This Agreement is governed by and construed in accordance with the internal laws of Washington without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of Washington. Any legal suit, action, or proceeding arising out of or related to this Agreement must be brought in the courts located in Thurston County, Washington.

26. Disputes.

a. In the event of any dispute arising under this Agreement, the parties agree to meet and confer in good faith to resolve any such disputes before resorting to any other process identified herein. Both parties will continue, without delay, to carry out their respective responsibilities under this Agreement that are not affected by the dispute. b. If resolution under paragraph a) does not resolve the dispute within a reasonable period of time, any dispute arising out of, or in connection with, this Agreement shall first be subject to mediation for a sixty (60) day period. This mediation time period starts when one party demands mediation. Any dispute which cannot be amicably settled through mediation between the parties shall be finally settled by arbitration before a single arbitrator under the Rules of Commercial Arbitration of the American Arbitration Association except as modified herein; provided, however, that the parties do not intend, by the use of such rules, that the American Arbitration Association (“AAA”) shall necessarily administer the arbitration. The DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

selected arbitrator must be a retired state or federal judge/magistrate who previously presided in the Thurston County Superior Court, or a federal court located within the Western District of Washington. In the event that the parties cannot agree upon an arbitrator within a seven (7) day time period after a demand for arbitration has been made, then each side shall submit to AAA a list of five (5) arbitrators, each of whom must possess the foregoing qualifications, and the AAA case administrator shall randomly draw the name of one of qualified candidates submitted to serve as the arbitrator (the random drawing method shall be determined by the AAA case administrator at his/her discretion). Within thirty (30) days of the arbitrator’s selection and receipt of payment in full by the AAA of all filing fees, the AAA case administrator shall schedule a preliminary hearing for the arbitrator and the parties, pursuant to Rule R-21 of the AAA Commercial Arbitration Rules to establish a plan for the parties’ exchange of information and a schedule for the remainder of the proceeding. Each party shall initially bear its own costs and legal fees associated with such arbitration. c. A demand for arbitration may be made as soon as it becomes apparent that the matter cannot be settled through mediation. The mediation or arbitration shall take place in Olympia, Washington or such other location as mutually agreed by the parties hereto. The resulting decision of the arbitrator shall be final and binding on the parties. No request or demand for mediation or arbitration shall be made after the date on which the applicable statute of limitations would expire or as limited by this Agreement. The award of the arbitrator or panel of arbitrators may, in the arbitrator’s discretion, include reasonable attorney’s fees and expenses to the prevailing party and may be entered in any appropriate court. The decision of the arbitrator or arbitrators shall be rendered pursuant to a reasoned written legal opinion and final and binding upon the parties and judgment upon such decision may be entered in any court of competent jurisdiction. d. The Partner agrees that all disputes be resolved in Thurston County or in the county in which business is conducted. 27. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be on and the same agreement. A signed copy delivered by email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

[signature page follows] DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

The Parties have executed this Agreement as of the Effective Date.

CPAA: PARTNER:

Pacific County Health and Human Services

By: By:

Name: Jean Clark Name: Lisa Olsen

Title: Chief Executive Officer Tile: Chair 2/10/2021 2/9/2021 Date: ______Date: ______

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

EXHIBIT 1: Statement of Work

Background CPAA Community CarePort is contracted with the Washington State Department of Health (DOH) to serve as a regional HUB for providing Care Connect Washington services across the seven counties it serves. This Statement of Work describes the work of CPAA’s Partners who are care coordinating agencies that provide staffing to provide direct client Care Connect Washington services, and coordinate their work with Community CarePort. CPAA Community CarePort is the regional administrator of Care Connect Washington client benefits that are identified needs through the care coordination services provided by CPAA’s Partners. Overall Goal: To provide Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Thurston, and Wahkiakum Counties with care coordination services that support people to successfully complete home isolation or quarantine from COVID-19. The Care Coordinating organization, in partnership with the CPAA’s Community CarePort Hub, will perform the following functions:  Provide care coordination to clients using community health workers/community care coordinators who are trained in the Care Connect Washington and the Care Coordination System (CCS) software  Deliver needed items covered by Care Connect Washington benefits to clients homes  Document services to clients using the provided CCS software  Secure client signature or verbal consent as permissible of the DOH’s Release of Information/Consent form and document in the Community Health Record prior to gathering of client PHI.  Work collaboratively and respectfully with other local/regional partners to identify community needs, review regional initiatives, evaluate Care Connect Washington results and support the local Care Connect Washington program goals and objectives.  Ensure that clients receive from all staff members effective, understandable, and respectful care that is provided in a manner

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

compatible with their cultural health beliefs and practices and preferred language.  The Partner shall ensure that clients with limited English-speaking skills receive Language Access Services as outlined in Title VI of the Civil Rights Act of 1964, including but not limited to: o Offer and provide language assistance services, including bilingual staff and interpreter services, at no cost to each client with limited English proficiency at all points of contact, in a timely manner during all hours of operations. o Provide to clients in their preferred language both verbal offers and written notices informing them of their right to receive language assistance services. o Assurance that competence of language assistance is provided to limited English proficient clients by interpreters and bilingual staff. Family and friends shall not be used to provide interpretation services (except on request by the client). o Make available easily understood patient-related materials and print signage in the languages of the commonly encountered groups and /or groups represented in the Partner’s service area.  DOH and CPAA will provide the Partner with the appropriate and necessary training for informed consent and for data collected using the CCS Software.

Partner Requirements:

1. PERFORMANCE REQUIREMENTS The Partner shall a) Establish a designated local Program Coordinator who will be responsible for project coordination. b) Participate in: i. Performance measure data collection activities in collaboration with DOH related to COVID-19 Care Coordination populations in the designated Regional Care Coordination area;

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

ii. Project evaluation activities developed and coordinated by DOH. Data related to these items will be provided as mutually agreed upon with DOH c) Require the Program Coordinator and other local project participants as designated, to participate in meetings scheduled and published by the Department. All meetings to be held virtually. d) Ensure partner staff providing Care Connect WA services complete required training. e) Follow Policies & Procedures provided by CPAA for receiving client referrals and completing intake documentation. f) Follow Policies & Procedures provided by CPAA for adherence to the maximum eligible outcomes per visit as described in the “EXHIBIT 2: CPAA Care Connect Washington Visit OBU Model” following Eligibility requirements established by DOH. g) Document client services in the electronic “Community Health Record”, using the CCS Software, according to program Policies & Procedures. h) Maintain a single point of contact for receiving referrals under this program and responding to the referral within 24 hours, seven days a week, including a dedicated phone number capable of receiving voice mail. i) Provide adequate supervision to staff providing Care Connect WA services, to support delivery of services by community based workforce, and to review and sign completed forms in the CCS Software system. j) Maintain an agreed level of caseload capacity: i. Initial agreed Caseload Capacity: 30 ii. Partner will notify CPAA point of contact immediately if unforeseen circumstances cause Caseload Capacity to drop below agreed level iii. Caseload Capacity can be increased upon mutual agreement of designated point of contact for both parties. k) Be responsible for informing client of available Direct Client Benefits and completing required documentation to request benefit from CPAA on behalf of individual clients. l) Be responsible for delivery of Food Kits, Care Kits, and Fresh Food & Household Essentials (FF&HE) Orders to client.

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

2. COMMUNITY RESOURCES

The Partner shall make a reasonable and ongoing effort, throughout the contract period, to secure and/or leverage resources from private and public entities to supplement the administrative, operational, and implementation costs under this program. Documentation of any collaborative efforts and securing of resources that benefit this project shall be kept current and on file in the office of the Partner and shall be available for review upon request by Department staff. Additionally, the Partner shall support efforts to keep the COVID-19 Care Connect Washington Resource and Referral Directory (HealthBridge) updated with local resources (new, changed, removed) following DOH process and procedures to ensure that local Care Coordinators in the region are able to refer clients to necessary and needed resources.

3. WRITTEN POLICIES AND PROCEDURES/DOCUMENTS ON FILE

Written policies and procedures, consistent with federal and state regulations, as applicable, shall be kept on file in the office of the Partner and available for review at the request of Department staff. Such policies and procedures shall include, but not be limited to, as appropriate: a) Job Descriptions b) Confidentiality Policy c) Community Needs Assessment

Responsibilities of CPAA Community CarePort Hub: The Community CarePort Hub will: 1. Provide or arrange for training for the Partner’s staff in the Care Connect Washington program and in the use of the community health record system. 2. Promptly communicate to the Partner any change in the Care Connect Washington program, process or any other document or procedure related to the administration of activities performed by the Partner. 3. Establish Policies & Procedures, and modify as necessary to achieve program goals and objectives.

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

4. Document Policies & Procedures, and keep the current version available for Partner to access at https://cpaa.gitbook.io 5. Maintain caseload capacity per County to provide reasonable availability of Care Connect WA services, in response to available information about current rates of COVID-19 infections across the population. 6. Establish referral network(s) with providers, clinics, community-based organizations, government, grassroots organizations, as appropriate, and at the discretion of the local health jurisdiction, to increase the community members served and reached. 7. Refer clients to Partner. 8. Administer all Direct Client Benefits. 9. Provide the following Direct Client Benefits based on the availability of funding, goods, and vendors in the Client’s county o Pre-packaged, non-perishable Food & Care kits. o FF&HE, single order per household o Household Assistance Requests, funding of last resort, up to $1,500 per household for rent, utilities, or other critical household expenses directly related to successful completion of isolation or quarantine period. 10. Initiate the Community Health Record from referrals made to Hub. 11. Process all requests in a timely manner and coordinate with Partner to fulfil the Client Benefit.

Consideration: Partners in compliance with the terms of this agreement are eligible to earn outcome based payments according to the CPAA Care Connect Washington Visit OBU Model. Individual client outcomes eligible for payment are specified in the Visit OBU Model and each outcome is assigned a number of Outcome Based Unites (OBU). CPAA will pay Partner at a rate of $11.00 per documented client OBU successfully completed.

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

Payment & Invoicing  CPAA will pay Partner for eligible forms in the CCS software that adhere to the “Visit OBU Model”, at an Outcome Based Unit rate of $11.00 per unit. Units per form are described in the “CPAA Care Connect Washington Visit OBU Model”.  To be eligible for payment, forms must: o Document a completed outcome (finished-incomplete forms are not eligible). o Have a completed date that is within the service dates of this contract. o Have a form entry date that is within two weeks of the completed date. o Have a supervisor signature that is not the person who documented the completed outcome. o Have a supervisor signing date that is within one month of the form entry date.  Partner is responsible for documenting, reviewing, and signing forms within the timeframe specified above (forms that do not comply with these requirements are not eligible for payment).  CPAA will complete invoicing of eligible forms on a monthly basis.  CPAA will issue payments to Partner based on the monthly invoice amount.

EXHIBIT 2: CPAA Care Connect WA- Visit OBU Model As attached

DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

Exhibit 2 pg 1/2

At client OBU Max Max Required Form Type Description request Each Quantity OBU

Intake Tool COVID Care Action Plan X 4 1 4 Education Any indicated by COVID Care Action Plan X 1 5 5 Social Service Care Connect^ - Food & Care Kits X 3 1 3 Social Service Care Connect^ - Fresh Food (and/or household essentials) Order X 3 1 3 Social Service or Medical Referral Any indicated by isolation/quarantine plan X 3 3 9 Education Use if additional social service Pw included education X 1 3 3 27

Check-In 1 Tool COVID Check-In X 2 1 2 *follow-up on open forms Education Any indicated by COVID Care Action Plan X 1 3 3 Social Service Care Connect - Household Assistance Request X 3 1 3 Social Service or Medical Referral Any new needs indicated by Check-In Tool X 3 3 9 Education Use if additional Pathways included education X 1 3 3 20

Check-In 2 Tool COVID Check-In X 2 1 2 *follow-up on open forms Education Pathway Any indicated by COVID Care Action Plan X 1 3 3 Social Service or Medical Referral Any new needs indicated by Check-In Tool X 3 3 9 Education Use if additional social service Pw included education X 1 2 2 16 DocuSign Envelope ID: 99395F96-A2A9-477F-ABDA-05BD4E498EC7

Exhibit 2 pg 2/2

At client OBU Max Max Required Form Type Description request Each Quantity OBU Check-In 3 Tool COVID Check-In X 2 1 2 *follow-up on open forms 2

I/Q Exit Tool COVID Discharge Final Check-in X 2 1 2 *follow-up on open forms Social Service Pathways Referral (if eligible) X 3 1 3 5

Max OBU/Client 70 2

COUNTY OF PACIFIC VOUCHER APPROVAL TRANSMITTAL VENDOR CLAIMS

The vouchers, hereinafter listed, have been audited and certified by the auditing officer as required by RCW 42.24.080 and those expenses/reimbursement claims have been cettified as required by RCW 42.24.090 and have been recorded on the attached listing, which has been made available to the Board.

As of this date, July 27, 2021 the Board, by a unanimous/majority vote, does approve for payment, subject to adequate budget appropriations, those vouchers included in the attached list and further described as follows:

Vendors Claim Fund No. 692

156699 thru 156789 $ 329,545.63

Warrants Dated: July 23, 2021

BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON

Chairman carAuditor/Deputy Auditar” ATTEST: Commissioner

Clerk of the Board

Commissioner

RECEIVED PACIFIC COUNTY

A had

GENERAL ADMINISTRATION BOARD OF COMMISSIONERS COUNTY OF PACIFIC VOUCHER APPROVAL TRANSMITTAL VENDOR CLAIMS

The vouchers, hereinafter listed, have been audited and certified by the auditing officer as required by RCW 42.24.080 and those expenses/reimbursement claims have been certified as required by RCW 42.24.090 and have been recorded on the attached listing, which has been made available to the Board.

As of this date, August 10, 2021 the Board, by a unanimous/majority vote, does approve for payment, subject to adequate budget appropriations, those vouchers included in the attached list and further described as follows:

Vendors Claim Fund No. 692

166790 thru 156869 $ 535,802.32

Warrants Dated: July 29, 2021

BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON

A R Chairman

Auditer/Deputy Autitst

ATTEST: Commissioner

Clerk of the Board

Commissioner

RECEIVED PACIFIC COUNTY

GENERAL ADMINISTRATION BOARD OF COMMISSIONERS Meetings are held the 2nd Pacific County and 4th Tuesday of each = Board of Board of Health oe = ; month, beginning at 9 a.m. | P ot gE O Box 187ertsie1216 W Robert Bush Drive Se South Bend, WA 98586 REQUESTED MEETING DATE: Tedfn * Phone 360/875.9337 Fax 360/875.9335 August 10, 2021

_AGENDA REQUESTFORM __

ACTION: Approved/Confirmed [I Denied Agenda Item # J 3 [] Subject to adequate budget appropriations Initial Date [| No action taken/withdrawn [] Tracking [1 Deferred/Continued to meeting of time DISTRIBUTION LIST: [JRF [lcr [sea OTHER [J Assr []aup Lles Llcterk [pcp [ll ppw [ema [FAIR (HLTH Clr Llyuv [I~NDpC [Ipaccom [pros [spc [Ircso [JsuprcT [JTRSR [lveG [Iwsu [1367¢ AGENDA ITEM REQUEST Attach all required documentation

Department/Office Department of Public Works Date August 3, 2021

Name & Title Brook Priest, PE, Director/County Engineer gjopature

OF Bm NARRATIVE REQUEST: Department of Public Works requests approval and signature on the attached Boat Launch Agreement between the State of Washington, the Department of Fish and Wildlife and Pacific County, regarding the Naselle Water Access Site at the Naselle Boat Launch. This Agreement would be a partnership with WDFW to maintain access at Naselle Boat Launch.

RECOMMENDED MOTION [Totbe completed by.Clerk of the Board/Deputy Clerk oftheBoard] c | . (

I move to approve approval of Boat Launch Agreement with Washington State Department of Fish and Wildlife for Naselle Water Access Site and authorize Chair to sign

Resolution No. 2019-043 Page 1 *Agenda Request Form After Signature, Please Return Original To: Washington Department of Fish & Wildlife Real Estate Services Office 600 Capitol Way North Olympia, Washington 98501-1091 Attn: Elyse Woodruff

BOAT LAUNCH AGREEMENT Between The State of Washington, the Department of Fish & Wildlife and Pacific County

Naselle Water Access Site

THIS AGREEMENT entered into this and between IS day of , 2020, by THE STATE OF WASHINGTON, THE DEPARTMENT OF FISH AND WILDLIFE (hereinafter “WDFW?) and PACIFIC COUNTY, a county of the State of Washington, (hereinafter “County”). The parties intend that this Agreement shall remain in effect for a period of twenty (20) years from the date inscribed above. This Agreement shall be binding upon all successors in interest to the parties during said term. WITNESSETH:

WHEREAS, County is the owner of record of certain real property located in the unincorporated community ofNaselle in the County of Pacific, State of Washington, identified as Assessor’s Parcel Number 10090814005, 10090814005 and 10090814027 (hereinafter “Premises™).

WHEREAS, partial funding for acquisition of the Premises was provided through grants (96-1242, 97- 1323) containing land use restrictions which directed that the Premises be used to provide and support public outdoor recreation, as set forth in that certain Deed of Right recorded in favor of the State of Washington through the Interagency Committee for Outdoor Recreation (currently known as “RCO”). WHEREAS, WDFW manages the abutting County owned lands (former site of Old Naselle Bridge) as a public boat launch area (Boat Launch) under an Agreement dated August 8, 1960. NOW, THEREFORE, it is mutually agreed between the parties that, in support of providing public outdoor recreation, WDFW shall accept responsibility for ongoing management and maintenance of the Premises and that County does hereby accept responsibility for providing seasonal support of the public’s use of the (Boat Launch) until termination of this Agreement.

FOR AND IN CONSIDERATION of the mutual benefits to be derived, WDFW and County mutually covenant and agree as follows:

1. WDFW maintenance responsibilities shall be limited to providing the necessary mowing, brushwork and litter pick up necessary to keep the parking and driveway area in a clean and sightly condition.

2. County shall provide temporary sanitary facilities (Porta-potty) at the Premises annually. Said facilities shall be made available from July1st through October 31% each year. 3. WDFW shall operate and maintain the Premises as part of the WDFW access area. As such, WDFW will manage the Premises as it manages its own lands under Chapter 220-500 of the Washington Administrative Code (WAC) for the preservation, protection, perpetuation and management of fish and wildlife and their habitats, and for public use, including fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities when compatible with healthy and diverse fish and wildlife populations. To facilitate these permitted uses, Landowner hereby authorizes WDFW to manage the Premises and public use as set forth in the provisions of Chapter 220-500 WAC. 4. 'WDFW shall provide signage and notices necessary to make the public aware that the Premises are managed by WDFW.

Naselle Water Access Site Page 1 of 3 1/22/2020 wn County shall have any derelict vehicles, dumped personal property and/or trash removed from the Premises prior to full execution of this Agreement.

6. To the extent allowed by law, each party to this Agreement agrees to be responsible for any personal injury and property damage arising from the acts or omissions of itself and those of its agents, employees and contractors at the premises, provided that said obligation shall be reduced by the proportion of the other party’s concurrent negligence, if any. Neither party shall be liable to the other for the acts and omissions of members of the public.

7. Each party agrees to be responsible for being appropriately self-insured or to obtain adequate liability insurance for its activities, and those of its agents, employees and contractors at the premises.

8. State law encourages landowners to allow their land and water areas to be used for free public outdoor recreation by limiting the liability of the landowner and manager for the injuries that the public users may incur, according to the provisions of RCW 4.24.210. The parties agree to preserve the protections of this law by allowing the public to use the premises for outdoor recreation without fee and by posting warning signs for known dangerous artificial latent conditions.

9. No provision of this Agreement transfers any real property rights from County to WDFW. 10. Neither County, nor WDFW, may convert the Premises to other uses or revoke this Agreementat will.

11. This instrument contains the entire agreement between the parties and no statement, promise, representation, inducement, or agreement made by either party, or its respective employees or agents thatis not contained in this documentis valid, binding, or enforceable.

IN WITNESS WHEREOF, the parties hereto have mutually agreed upon the terms and conditions of this instrument and have caused it to be executed as below subscribed: PACIFIC COUNTY

Date By: Title:

WASHINGTON DEPARTMENT OF FISH AND WILDLIFE

Date Cynthia Wilkerson, Lands Division Manager

Naselle Water Access Site Page 2 of 3 1/22/2020 STATE OF WASHINGTON ) ) ss County of Pacific )

I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Pacific County to be the free and voluntary act of such party for the uses and purposes mentioned in the

instrument. ;

official GIVEN under my hand and sealthis day of , 2019.

Notary Public in and for the State of Washington, residing at My appointment expires

STATE OF WASHINGTON ) ) ss County of Thurston )

I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Lands Division Manager of the Washington Department of Fish and Wildlife to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

GIVEN under my hand and official seal this day of , 20109.

Notary Public in and for the State of Washington, residing at My appointment expires

Naselle Water Access Site Page 3 of 3 1/22/2020 Meetings are held the 2nd PacificB and of Board ofCountyCommissioners/Local Board Health 4th Tuesday each * of month, beginning at 9 a.m. ______in the amount of $______I move to award the Call for Bids Butte Creek Road Resurfacing Project PO Box 187 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: ¥ Ph one 360/875.9337: Fax 360/875.93353 8/10/2021 AGENDA REQUEST FORM TOBECOMPLETEDBYCLERKOFTHE BOARD/DEPUTY CLERK OF THEBOARD ACTION: [| Approved/Confirmed [Denied Agenda Item # [J Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [J Deferred/Continued to meeting of time DISTRIBUTION LIST: [JRF [cr [sea OTHER []Assr []aup [lcs [JcLerk [pcp [I ppw [ema [lrAIR [HLTH Lliov InDC [Jraccom [pros []spc []rcso [ir[IsuprcT []TRSR [vec [Jwsu [1367¢ AGENDA ITEM Attach all required documentationREQUEST

Department/Office DPW Date 7/27/2021 Name & Title Brook Priest, Director/County Engineer Signature NARRATIVE OF REQUEST: Potential award of the Butte Creek Road Resurfacing Project MP 1.32 to MP 2.32, Federal Aid No. STPR-T250(003). Bids to be opened on Monday, August 9th at 8:30 AM.

RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board] 4

Resolution No. 2019-043 Page | *[Agenda Request Form Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 August 10, 2021 AGENDA REQUEST FORM

[IDenied ACTION: [| Approved/Confirmed Agenda Item # 5 [1 Subject to adequate budget appropriations Initial Date

[] No action taken/withdrawn [1 Tracking [] Deferred/Continued to meeting of time pISTRIBUTION LIST: [IRF [cr [sea oTHER [J Assr []Aup Ces [Jceere Ulpep [I ppw Lema [rar [Jarra Clrr [luv [Inne Llpaccom [pros [spc [lrcso [JsuprcT []TRSR RY! (wsu [1367c AGENDA ITEM REQUEST Attach all required documentation

Department/Office Department of Public Works Date August 5 2021

Name & Title Brook Priest, PE, Director/County Engineer Signature

NARRATIVE OF REQUEST:

Department of Public Works requests approval and signature on Interlocal Agreement between Pacific County and Grays Harbor County for GIS services.

RECOMMENDED MOTION [To be completed byClerk of the Board/Deputy ClerkoftheBoard]

I move to approve the Interlocal Agreement with Grays Harbor County for GIS Services for required redistricting

Resolution No. 2019-043 Page 1 *Agenda Request Form

Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 AGENDA REQUEST FORM

ACTION: [] Approved/Confirmed [] Denied Agenda Item # 6 [1 Subject to adequate budget appropriations Initial Date [1] No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time DISTRIBUTION LisT: [IRF [cr [lsea oTHER [] Assr []aup [les [Jcerk [pcp []ppw C1 Ema [rar [HLTH [lr Luv [I~xDC [lpaccom [pros [spc [1rcso [Isuprct [JTRSR Clvec (lwsu [1367¢ AGENDA ITEM REQUEST Attach all required documentation

Department/Office DPW/Telecommunications Date 8/5/2021

Nick Milton - Telecomm Name & Title Signature Achebe Welton

NARRATIVE OF REQUEST: This new Agenda Request replaces the original Agenda Request approved on 3/9/2021 and is attached for reference purposes only.

For the board's consideration is renewed communication facility use agreement with Rayonier Operating Company, LLC. This agreementis for a period of 5 years and represents $160.00 annually.

RECOMMENDED MOTION [Tobecompletedby Clerk ofthe Board/Deputy Clerk oftheBoard]

I move to approve the Communications Facility Use Agreement with Rayonier Operating Company, LLC and rescind motion of March 9, 2021, subject to receipt of required insurance

Resolution No. 2019-043 Page 1 Agenda Request Form PACIFIC COUNTY COMMUNICATIONS FACILITY USE AGREEMENT

WHEREAS, Pacific County ("COUNTY") owns, operates, and maintains certain communications facilities throughout the county for the usage by municipal, local, and county government; and,

WHEREAS, given that such facilities are capable of supporting certain other communications systems without degrading or encumbering the COUNTY"s systems, the COUNTY hereby enters into this Communications Facility Use Agreement ("Use Agreement") with Rayonier Operating Company, LLC, (""Rayonier") as of January 1, 2021 ("Effective Date").

WITNESSETH: The parties hereto, for consideration hereinafter mentioned, covenant andagree as follows:

TERM: Unless Section Two (2) applies, the term of this Use Agreement shall run for a period of five (5) years from the Effective Date of this Use Agreement and is renewable, upon agreement by both parties.

TERMINATION: This Use Agreement may be terminated by either party if the other party fails to timely cure an Event of Default under Exhibit C, Section 1. In addition, either party may unilaterally terminate this Use Agreement on any date by giving the other party notice of intent to terminate this Use Agreement at least thirty (30) days prior to the date of termination.

WI PAYMENT: Rayonier shall pay the COUNTY annually the amount as set forth in Exhibit A of this Use Agreement. Such annual amount shall be paid in advance by January 20" for the period January 1* to December 31% Any partial calendar years shall be prorated on a full month basis.

RATES: At the end of the first year of this Use Agreement and each year thereafter, the COUNTY shall review the rates and make adjustments as are appropriate. The adjusted rates shall consider the consumer price index, the Department of Natural Resources (DNR) rates for comparable sites, and rates charged by the private sector. However, in no case shall any adjustment exceed five (5) percent/year.

PREMISES: The COUNTY shall provide Rayonier tower and shelter space in addition to fenced security and access to the facility. Rayonier shall install and operate communications equipment as described in Exhibit A, attached and made a part of this Use Agreement. Facilities covered by this Use Agreement, and reserved for Rayonier's exclusive use, are located on the following described land: Pacific County Property located at 46° 27' 40.10" North Latitude, 123° 33" 04.88" West Longitude (KO Site).

EQUIPMENT: Rayonier shall install and maintain its equipment using good communication practices, and in accordance with all applicable codes. Rayonier shall also adhere to the Pacific

Rayonier Operating Company, LLC Page | of 3 Communications Facility Use Agreement — KO County Facility Use Standards described in Exhibit B, attached and made a part of this Use Agreement.

7. INTERFERENCE: Rayonier shall provide all necessary equipment to eliminate any interference to existing site users* from the installation of its communications system. Such equipment shall include, but not be limited to: filters, cavities, isolators, combiners, amplifiers, and splitters. Should subsequent site users find it necessary to install interference mitigating devices on Rayonier's equipment, Rayonier shall cooperate; however, Rayonier shall not be required to bear the financial cost. If equipment installed at the site interferes with equipment previously installed at the site by another user, then the equipment formerly installed shall have priority over the equipment subsequently installed. If technical conflicts between items of equipment cannot be resolved, then the equipment first installed shall remain operational and the other equipment causing the interference shall be modified or removed. The COUNTY shall retain final authority regarding what equipment can be installed and what interference mitigating methods must be employed. The COUNTY has approved placement of the equipment described in Exhibit A attached hereto. *(Defined as pre-existing site users whose installation of equipment at the KO Site predates the installation of Rayonier equipment at the KO Site. The parties acknowledge that Rayonier equipment has been on the site under prior use agreements since 1990)

8. SECURITY AND MAINTENANACE: The COUNTY shall provide reasonable security for the premises (equal to the security provided to the County's own equipment) throughout the term of this Use Agreement at no additional charge to Rayonier. The COUNTY, at its expense, shall maintain the tower, building, security fences, and all related facilities in good order and condition and in accordance with all applicable laws and regulations throughout the term of this Use Agreement. Rayonier shall be responsible for maintenance of its facilities and equipment. In the event that Rayonier becomes aware that COUNTY fails to maintain the tower with respect to any FCC/FAA regulations, Rayonier shall notify the County of such default.

9. IMPROVEMENTS: All construction, improvements and/or alterations of the facility at any time whatsoever shall be subject to COUNTY's prior approval, which shall not be unreasonably withheld. Rayonier may make routine repairs and replacements of its existing equipment without obtaining COUNTY's prior approval.

10. OWNERSHIP OF EQUIPMENT: All transmitting and receiving equipment, shelters, and support facilities listed under Exhibit A installed at the site by Rayonier shall be and remain the property of Rayonier and may be removed or replaced by Rayonier at any time from time to time, provided that Rayonier repairs any damage caused in conjunction with such removal and replacement.

11. EXTENDED LEGAL REQUIREMENTS: For additional legal requirements, see Exhibit C attached and made a part of this Use Agreement.

(THIS SPACE INTENTIONALLY LEFT BLANK.)

Rayonier Operating Company, LLC Page 2 of 3 Communications Facility Use Agreement — KO IN WITNESS THEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS THE DATES GIVEN BELOW.

Rayonier Operating Company, LLC BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON Lard PO BOX 187 Larissa Al) Use Sper. SOUTH BEND, WA 98586

7” Frank Wolfe, Chair =f Dat Lisa Olsen, Commissioner

Mike Runyon, Commissioner

APPROVED AS TO FORM: ATTEST:

Prosecutor’s Office WSBA # Marie Guernsey Date Clerk of the Board

Rayonier Operating Company, LLC Page 3 of 3 Communications Facility Use Agreement — KO EXHIBIT A EQUIPMENT LIST & RATES (KO SITE)

Item No. Quant. Equipment List Annual Rate

1 1 Low Band Repeater $130.00

2 1 Low Band Antenna $0.00

3 1 VHF Link $30.00

TOTAL ANNUAL RATE $160.00

EXHIBIT A AGREED TO:

LESSOR INITIALS DATE

’ os LESSEE INITIALS = DATE — = -

Rayonier Operating Company, LLC Page 1 of | Communications Facility Use Agreement — KO Site Exhibit A EXHIBIT B PACIFIC COUNTY FACILITY USE STANDARDS

The following minimum standards have been adopted for Pacific County's Communications sites. The purpose is to assure the mechanical and electrical integrity of the facility and the safety of personnel working at the facility.

GENERAL

I. Pacific County Communications Facilities are access restricted to County personnel, and authorized personnel of agencies under agreement with Pacific County for the use of the facilities. All other personnel are denied accessto the facilities.

to Where applicable, personnel entering a facility building shall use the security access device before entering.

LI All personnel while working at the facilities shall observe and follow Radio Frequency Exposure safety rules.

4. Personnel engaged in tower work shall be experienced and trained in tower climbing and shall be equipped withthe proper personal safety and fall restraint equipment.

TOWERS

1. All hardware, brackets, antenna mounts and other fixtures shall be constructed of hot dipped galvanized steel, stainless steel or aluminum of a grade suitable for the coastal atmosphere.

2. Tower structural members shall not be drilled or punched.

3. Appropriate clamping devices manufactured for the specific purposes shall be used for attachmentto tower structural members.

4. Cable clamps designed to be fastened to tower structural members or cable ladders when available shall support transmission lines, cables and waveguides. Tie wrapping to the tower legs is not allowed.

5. Each user shall be responsible for supporting their transmission lines, cables or waveguides. Tie wrapping is not allowed.

6. Transmission lines, cables and waveguides shall enter the building through the building entrance panels. Each user shall be responsible for using the appropriate sealing hardware.

7. Transmission lines one-half inch or larger shall be the solid sheathed, jacketed type.

Rayonier Operating Company, LLC Page | of 2 Communications Facility Use Agreement — KO Site Exhibit B EQUIPMENT BUILDING

I. Transmission lines, cables and waveguides shall follow building and equipment rack lines and be supported by cable trays when available.

to With the exception of waveguide, solid sheathed transmission lines shall transition to superflex type transmission line upon entering the building at the protective grounding point.

I All transmission lines and waveguides shall be grounded upon entering the building, preferably at the outside entrance and shall be tagged and identified.

4. Lighting arrestors are recommended at the building entrance.

5. Equipment wiring shall be installed in a neat workmanlike manner. Cables shall be of the necessary length and shall not have excess stored in racks or cable trays. Equipment and racks shall be grounded to the building ground system.

6. Excess equipment not in use shall not be stored at the site. Spares should be packaged and identified for ownership.

7. Each user shall be responsible for cleanliness around their equipment and work areas. The buildings have multiple vacuum system outlets for convenient cleaning. Packing materials and debris shall be removed from the premises.

8. Emergency power system and HVAC system controls shall not be tampered with, changed or turned off. Site alarms are generated and County personnel may be dispatched unnecessarily.

EXHIBIT B AGREED TO: LESSOR INITIALS ~~ DATE LESSEE INITIALS C »~~ DATE 707 202)

Rayonier Operating Company, LLC Page 2 of 2 Communications Facility Use Agreement — KO Site Exhibit B EXHIBIT C

EXTENDED LEGAL REQUIREMENTS

I. EVENTS OF DEFAULT, NOTICE AND OPPORTUNITY TO CURE: If either party fails to comply with a covenant made by such party in this Use Agreement, or fails to abide by a condition binding on such party contained in this Use Agreement, or if Rayonier fails tomake a payment hereunder when due, (each individually, an "Event of Default"), then the other party shall deliver notice of such Event of Default to the defaulting party, who shall be permitted to cure the same within fifteen (15) days of delivery of such notice. If such Event of Default cannot reasonable be cured within such fifteen-day period, then the defaulting party shall be deemed to have cured the same if it takes all reasonable steps to do so within such fifteen-day period and thereafter diligently proceeds to effect such cure; provided, that,such cure is actually and fully effected within ninety (90) days of delivery of the notice delivered pursuant hereto.

2. INDEMNIFICATION/HOLD HARMLESS:

A. Indemnification by Rayonier. To the fullest extent permitted by law, Rayonier agrees to indemnify, defend and hold the 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 (includingthe loss of use resulting therefrom) to the extent the claims,damages, losses and expenses are caused in whole or in part by any action or omission, negligent or otherwise, of Rayonier, its employees, agents or volunteers or Rayonier's subcontractors and their employees, agents or volunteers in the performance of this Use Agreement or while upon COUNTY property. This indemnification obligation of Rayoniershall not apply to the extent where the claim, damage, loss or expense is caused by any action or omission, negligent or otherwise, of the COUNTY or of third parties not affiliated with Rayonier. This indemnification obligation of Rayonier shall not be limited in any way by the Washington State Industrial Insurance Action RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and Rayonier hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of Rayonier are a material inducement to COUNTY to enter into the Use Agreement, are reflected in Rayonier's payments, and have been mutually negotiated by the parties.

B. Participation County- No Waiver. The COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages,

Rayonier Operating Company, LLC Page 1 of § Communications Facility Use Agreement — KO Site Exhibit C losses or expenses andsuch participation shall not constitute a waiver of Rayonier's indemnity obligations under this Use Agreement. C. Survival of Rayonier's Indemnity Obligations. Rayonier agrees all Rayonier's indemnity obligations shall survive the completion, expiration or termination of this Use Agreement.

9 INSURANCE: Without limiting Rayonier's indemnification of COUNTY, and prior to commencement of this Use Agreement, Rayonier shall obtain, provide and maintain during the term of this Use Agreement, policies or insurance of the type and amounts described below and in a form satisfactory to the COUNTY.

A. General Liability Insurance. Rayonier shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanketcontractual liability.

B. Workers' Compensation Insurance. Rayonier shall, at its own expense, maintain Workers’ Compensation Insurance (Statutory Limits) and Employer's Liability Insurance(with limits of at least $1,000,000).

Rayonier shall provide to COUNTY, along with the certificate of insurance, a Waiver ofSubrogation endorsement in favor of COUNTY, its officers, agents, employees and volunteers.

C. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against COUNTY, its elected or appointed officers, agents, officials, employees.

D. Automobile Liability Insurance. Rayonier shall maintain automobile insurance at leastas broad as Insurance Services Office form CA 00 01 covering bodily injury and propertydamage for all activities of Rayonier arising out of or in connection with activities to be performed under this Use Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Rayonier must name the COUNTY as an additional insured. Rayonier agrees that its liability insurance shall be primary and non-contributory to the COUNTY's and that Rayonier's liability insurance policy shall so state.

4. CASUALTIES: If a tower or building is damaged or destroyed that contains equipment of Rayonier and the COUNTY fails to commence rebuilding within thirty (30) days of the occurrence of the damage or thereafter fails to prosecute completion of such repairs in a diligent manner, then Rayonier shall be entitled to terminate this

Rayonier Operating Company, LLC Page 2 of 5 Communications Facility Use Agreement — KO Site Exhibit C Use Agreement according to Paragraph 2. In the event of damage by fire or other casualty loss to the tower or buildingthat renders the property unusable by Rayonier, there shall be an equitable reduction of rent until the damage has been repaired.

5. TAXES: Rayonier agrees to pay the COUNTY all applicable leasehold taxes pursuant to the provisions of Chapter 82.29A RCW, and any State and Local regulations issued thereto.

6. ASSIGNMENTS AND SUBLETTING: Itis agreed that this Use Agreement may not be assigned by either party with the prior approval of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Rayonier may assign this Use Agreement upon prior written notice to, but without the consent of COUNTY to (i) any affiliate of Rayonier, or (ii) any entity which buys all or substantially all of the assets of Rayonier used in connection with the operation of Rayonier. The assignee or transferee shall have the right to assume this Use Agreement with all its terms and conditions for the remaining lease term.

7. ATTORNEY'S FEES/COST OF SUIT AND VENUE: If either party files suit to enforcethis Use Agreement, parties agree that the prevailing party in any such action shall be entitled to collection costs, reasonable attorney's fees, and costs of suit. The parties agree that any suit pertaining to this Use Agreementshall be filed in the Pacific County Superior Court.

A. Disputes. Differences between Rayonier and the COUNTY, arising under and by virtue of this Use Agreement, shall be brought to the attention of the other party at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken.Any dispute relating to the quality or acceptability of performance of Rayonier under this Use Agreement shall be decided by the COUNTY'S Contract representative or designee. All rulings, orders, instructions and decisions of the COUNTY'S contract representativeshall be final and conclusive, subject to Rayonier’s right to seek judicial relief regarding the determination in accordance with Choice of Law, Jurisdiction and Venue.

B. Choice of Law, Jurisdiction and Venue. This Use Agreement has been and shall be construedas having been made and delivered within the State of Washington and it is agreed by each party hereto that this Use Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance.

C. Severability. If a court of competent jurisdiction holds any part, term or provision of this Use Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if this Use Agreement did not contain the particular provision held to be invalid.

Rayonier Operating Company, LLC Page 3 of § Communications Facility Use Agreement — KO Site Exhibit C [f any provision of this Use Agreement is in direct conflict with anystatutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision.

Should the COUNTY determine that the severed portions substantially alter this Use Agreement so that the original intent and purpose of the Use Agreement no longer exists, the COUNTY may, in its sole discretion, terminate this Use Agreement.

8. AUTHORITY: Each party warrants to the other that it has authority to enter into and perform this Use Agreement and it has taken all action required to authorize execution of this Use Agreement.

9. ALL WRITINGS CONTAINED HEREIN: This Use Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regardingthe subject matter ofthis Use Agreement shall be deemed to exist or to bind the parties hereto.

10. WAIVER OF SUBROGATION: COUNTY and Rayonier hereby waive any and all rightsof recovery against the other party, and its employees and officers for loss or damage to the party or its property where such loss is or could be insured against under any fire and extended coverage policy available in the State of Washington. Each party shall cause all insurance policies obtained by it to contain a waiver of subrogation consistent with the foregoing.

11. NOTICES: All notices, requests, demands and other communications given under this Use Agreement shall be in writing and shall be deemed given if personally delivered or mailed,certified mail, return receipt requested, addressed as follows:

If to COUNTY: Pacific County Board of County Commissioners Attn: Communications Engineer PO Box 187 South Bend, WA 98586

[fto RAYONIER:

Rayonier Operating Company, LLC 3033 Ingram Street Hoquiam, WA 98550 Attn: Greg Nesgoda

Rayonier Operating Company, LLC Page 4 of 5 Communications Facility Use Agreement — KO Site Exhibit C With a copy to:

Rayonier Legal Department 1 Rayonier Way Wildlight, Florida 32097

12. PUBLIC RECORDS ACT: This Use Agreement and all public records associated with this Use Agreement shall be available from the COUNTY for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of Rayonier are needed for the COUNTY to respond to a request under the Act, as determined by the COUNTY, Rayonier agrees to make them promptly available to the COUNTY. If Rayonier considers any portion of any record provided to the COUNTY under this Use Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, Rayonier shall clearly identify any specific informationthat it claims to be confidential or proprietary. If the COUNTY receives a request under the Act to inspect or copy the information so identified by Rayonier and the COUNTY determines that release of the information is required by the Act or otherwise appropriate, the COUNTY's sole obligations shall be to notify Rayonier (a) of the request and (b) of the date that such information will be released to the requester unless Rayonier obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If Rayonier failsto timely obtain a court order enjoining disclosure, the COUNTY will release the requested information on the date specified. The COUNTY has, and by this section assumes, no obligation on behalf of Rayonier to claim any exemption from disclosure under the Act. The COUNTY shall not be liable to Rayonier for releasing records not clearly identified by Rayonier as confidential or proprietary. The COUNTY shall not be liable to Rayonier for any records that the COUNTY releases in compliance withthis section or in compliance withan order of a court of competent jurisdiction. Rayonier agrees to indemnify and, to the greatest extent legally possible, to hold harmless the COUNTY in any action by a third party relating to the improper release, pursuant to a public records request, of such third party’s confidential or proprietary information contained in Rayonier’s records.

EXHIBIT C AGREED TO:

LESSOR INITIALS /\ MN DATE — LESSEE INITIALS ( ~~a DATE

Rayonier Operating Company, LLC Page 5 of § Communications Facility Use Agreement — KO Site Exhibit C Meetings are held the 2nd Pacific County and 4th Tuesday of each

Grade 7, subject to adequate budget appropriations I move to approve the request post, advertise and hire Administrative Assistant, Local 367C Board of Commissioners/Local Board of Health 9 P O Box 187 * 1216 W Robert Bush Drive month, beginning at a.m. South Bend, WA 98586 REQUESTED MEETING DATE: * Phone 360/875.9337 Fax 360/875.9335 August 10, 2021

ACTION: [| Approved/Confirmed [1] Denied Agenda Item # [] Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time pisTRIBUTION LIST: [JRF [Jer [sea oTHER [1] Assr [1 Aup Ces [lcLerk [pep [I ppw [EMA []rAIR (HLTH Clr [luv [InDc [lpaccom [IprOS Ispc Ipcso [IsuprcT []TRSR [1vEG [Iwsu [1367¢ AGENDA Attach all requiredITEMdocumentationREQUEST Department/Office Department of Public Works Date August 4, 2021 A Name & Title Brook Priest, PE, Director/County Engineer gjonature NARRATIVE OF REQUEST: Ped Department of Public Works requests authorization to advertise and hire a FTE 1.0 Administrative Assistant |, Grade 7. 7 RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

Resolution No. 2019-043 Page 1 [Agenda Request Form Meetings are held the 2nd Pacific County and of each Board of Board of Health 4th Tuesday Maintenance, Local 367C Grade 8, subject to adequate budget appropriations I move to approve request post, advertise and hire Engineer Technician I/Facilities Commissioners/Local month, ) 9 P O Box 187 * 1216 W Robert Bush Drive beginning at a.m South Bend, WA 98586 REQUESTED MEETING DATE: = * Fax Ph AEE)360/875.9337 360/875.9335 August 10, 2021

REQUEST FORM )) ] a RD/DEPUTYCLERKOF| ACTION: [] Approved/Confirmed [I Denied Agenda Item # [1] Subject to adequate budget appropriationsga Initial Date [] No action taken/withdrawn [] Tracking [1 Deferred/Continued to meeting of time DISTRIBUTION LIST: [1] RF Llc [1 SEA OTHER [Jasse [daub [cs [Jceere [pep [Ippw [ema [1 raR Leer Cir Lov [Inne [Jpaccom [pros [spc [Jecso [Jsupr ct [JTRSR [Ive Cwsu [(367¢ AGENDA Attach all requiredITEMdocumentationREQUEST

Department/Office Department of Public Works Date August 4, 2021 Name & Title Brook Priest, PE, Director/County Engineer Signature mont” NARRATIVE OF REQUEST: Department of Public Works requests authorization to advertise and hire a FTE 1.0 Engineer Technician I/Facilities Maintenance, Grade 8. 8

RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

Resolution No. 2019-043 Page | ~~Agenda Request Form Board of Pacific County Commissioners Meetings are held the 2nd P O Box 187 * 1216 W Robert Bush Dr * South Bend, WA and 4th Tuesday of each * 98586 Phone 360/875.9337 Fax 360/875.9335 month, beginning at 9 a.m.

REQUESTED MEETING DATE: AGENDA REQUEST FORM SAAR ~~ TOBE COMPLETED BY CLERKOF THE BOARD/DEPUTY CLERK OF THEBOARD ~~

Agenda Item: 9 BOCC ACTION: [1 APPROVED DENIED [ Initial: Date: [] SUBJECTTOADEQUATEBUDGETAPPROPRIATIONS Review Clerk of the Board [] NO ACTION TAKEN/WITHDRAWN [] oererrep TO: 1 [] wisk Mgmt [[] conTiNUED TO DATE: TIME: [7] tesal Required [] oTHer:

DISTRIBUTION LIST:

[] re [] Assessor [] pew [] paccom [J superior court [Jer [] Auditor [] pcema [] pcrair [] Treasurer [] sea [] clerk [] Health [] Prosecutor [J] ves mgmt [] civitservice [] tuvenite [] soc [] wsuext. [] pco [] noc [1 sheriff [] other

AGENDA ITEM REQUEST Please fill out in full or the request may be returned for more information. Also, please attach all pertinent documentation. DEPARTMENT/OFFICE: DPW DIVISION (if applicable):Fair OFFICIAL NAME & TITLE: Brook Priest, Director/County Engineer PHONE / EXT: 3368

SIGNATURE: DATE: Julyy 27, 2021

NARRATIVE OF REQUEST Request to close Viking Way from Richter Road to Preston Street for the week of the Pacific County Fair, Sunday, August 22nd beginning at 8:00 AM, to Sunday, August 29th at 2:00PM.

RECOMMENDED MOTION (To Be Completed by the Clerk/Deputy Clerk of the Board) I move to adopt Resolution No. 2021-______in the matter of the temporary closure of Viking Way No. 47550 at MP 0.13 (Preston Street) and MP 0.27 (Richter Road) for the 2021 Pacific County Fair beginning Sunday, August 22, 2021 at 8:00 am and concluding Sunday, August 29, 2021 at 2:00 pm

Revised 2/2015 Page 1 ExhibitAtoContract/Agreement/GrantReview Policy BEFORE THE BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON

RESOLUTION NO. 2021 -

IN THE MATTER OF THE TEMPORARY CLOSURE OF VIKING WAY NO. 47550 AT MP 0.13 (PRESTON STREET) AND MP 0.27 (RICHTER ROAD) FOR THE 2021 PACIFIC COUNTY FAIR BEGINNING SUNDAY, AUGUST 22,2021 AT 8:00 AM AND CONCLUDING SUNDAY, AUGUST 29, 2021 AT 2:00 PM

WHEREAS, the Pacific County Fair 2021 event is scheduled for Thursday, August 26 thru Saturday, August 28, 2021; and

WHEREAS, forthe safety of the traveling public and the pedestrians/livestock in the congested area of Viking Way and the northwest entrance to the fairgrounds, Viking Way should be closed during the event; and

WHEREAS, entries begin Sunday, August 22" at 8:00AM and removal of entries takes place on Sunday August 29" concluding at 2:00 PM.

NOW THEREFORE, IT IS HEREBY RESOLVED that Viking Way will be closed to traffic for the 2021 Pacific County Fair beginning Sunday, August 22, 2021 at 8:00 AM and concluding on Sunday, August 29, 2021 at 2:00 PM; and

IT IS HEREBY FURTHER RESOLVED the closure will be from MP 0.13 (Preston Street) to MP 0.27 (Richter Road); and

IT IS STILL FURTHER RESOLVED the fair manager is hereby directed to place barricades and other sign placement to enable the entries to run smoothly; and

IT IS STILL FURTHER RESOLVEDthe travelling public will be notified of the closure by publication in the local newspapers, on the Fair website and in the location priorto the closure; and IT IS STILL FURTHER RESOLVEDthe appropriate emergency services and other transport vehicles will be notified of this closure. PASSED BY THE BOARD OF PACIFIC COUNTY COMMISSIONERS in regular session at South Bend, Washington, by the following vote, then signed by its membership and attested to by its Clerk in authorization of such passage this day of , 2021.

YEA; NAY; ABSTAIN; and ABSENT

BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON

Lisa Olsen, Chair ATTEST

Frank Wolfe, Vice-Chair

Marie Guernsey Clerk of the Board Mike Runyon, Commissioner Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 8/10/2021 AGENDA REQUEST FORM

10 ACTION: [] Approved/Confirmed [] Denied Agenda Item # [1 Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [J Deferred/Continued to meeting of time DISTRIBUTION LIsT: [JRF [cr [ska OTHER []AssrR [1 Aup Llcs [Jerere Ul pep [1prw [EMA []1rFAR [HLTH Crm Llwov [I~pC [lpaccom [pros [1spc [1pcso [IsuprcT [JTRSR [1vEG [lwsu [1367C AGENDA ITEM REQUEST Attach all required documentation

Department/Office COMMunity Development Date 8/3/2021 Shawn Name & Title Shawn Humphreys, Director Signature Humphreys fiom NARRATIVE OF REQUEST: The Department requests authorization to sign Department of Ecology grant agreement SWMLSWFA-2021-PaCCDD-00010. This grant will be used to fund solid waste enforcement and solid waste handling facilities monitoring activities from July 1, 2021 through June 30, 2023.

RECOMMENDED MOTION [To becompletedbyClerkofthe Board/Deputy Clerk of the Board]

I move to approve Agreement No. SWMLSWFA-2012-PaCCDD-00010 with Department of Ecology to enforce solid waste codes and monitor solid waste facilities for compliance and authorize Director to sign

Resolution No. 2019-043 Page 1 Agenda Request Form Agreement No. SWMLSWFA-2021-PaCCDD-00010

SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT

BETWEEN

THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY

AND

PACIFIC COUNTY COMMUNITY DEVELOPMENT DEPARTMENT

This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and Pacific County Community Development Department, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein.

GENERAL INFORMATION

Project Title: SWE Pacific Co CDD

Total Cost: $101,505.33 Total Eligible Cost: $101,505.33 Ecology Share: $76,129.00 Recipient Share: $25,376.33 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Solid Waste Enforcement

Project Short Description: Pacific County will spend $101,505.33 to enforce solid waste codes and monitor solid waste facilities for compliance.

Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks.

Overall Goal: Provide regional solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board Health of month, beginning at 9 PO Box 187 * 1216 W Robert Bush Drive a.m. South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 8/10/2021 AGENDA REQUEST FORM

11 ACTION: [| Approved/Confirmed [] Denied Agenda Item # [] Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking Ll] Deferred/Continued to meeting of time DISTRIBUTION LIST: [JRF [cr [ISEA OTHER [1 assr [1aup [lcs [Jcierk [pep [1 ppw [Ema [1rar [JHLTH Cir [luv [InpC [1paccom [pros [1spc [Ircso [IsuprcT [JTRSR [1vEG [1wsu [1367¢C AGENDA ITEM REQUEST Attach all required documentation

Department/Office Community Development Date 8/3/2021 Shawn Name & Title Humphreys, Director Signature Sawn Humphreys EEESmmm

NARRATIVE OF REQUEST: The Department requests permission to post, advertise and hire for our vacant Environmental Health Specialist position. The position is included in the 2020 departmental budget and will be based out of the South Bend office.

RECOMMENDED MOTION [To be completed byClerk of the Board/Deputy Clerkof the Board]

I move to approve request to post, advertise and hire for vacant Environmental Health Specialist, Local 367C Grade 14, subject to adequate budget appropriations

— Resolution No. 2019-043 ~ 0 aq [g] Agenda Request Form Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 a.m P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE; Phone 360/875.9337 Fax 360/875.9335 8/10/2021 AGENDA REQUEST FORM

ACTION: [] Approved/Confirmed [1] Denied Agenda Item # 12 [] Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time DISTRIBUTION LIST: [JRF [cr [sea oTHER [1] AssrR []AuD [lcs [JcLerk [pcp [J ppw [1EmA [FAIR JHLTH [rr [1yov [I~pC [lpaccom [pros [spc Ipcso [Jsuprct []TRSR []vEG [ Twsu [I367C AGENDA ITEM REQUEST Attach all required documentation

Department/Office COMMunity Development Date 7/27/2021

Name & Title Shawn Humphreys, Director Signature Shawn Humphreys

NARRATIVE OF REQUEST: EE The department requests that the Board approve of an FMLA request for a qualifying event. The requestis for up to 12 weeks beginning on or around September 1, 2021.

RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

I move to approve request for twelve weeks of Family Medical Leave for a qualifying event, effective on or around September 1, 2021

Resolution No. 2019-043 Page 1 *[Agenda Request Form held the 2nd 3 Meetings are Pacific County and 4th Tuesday of each Board of Commissioners/Local Board Health of month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337/ * Fax 360/875.9335/ 8/10/2021 AGENDA REQUEST FORM

13 ACTION: [| Approved/Confirmed [Denied Agenda Item # [] Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [] Deferred/Continued to meeting of time DISTRIBUTION LIST: [JRF [cr [IsEA OTHER [] AssrR []aup [cs [Jcrere [pep [I prw [IEMA [1rAR [ 1HLTH [ir [luv [_InDC Ipaccom [pros IspC [Jprcso [IsuprcT []TRSR [JvEG [Iwsu [1367C AGENDA ITEM REQUEST Attach all required documentation

& Department/Office Health Human Services Date 7/26/2021

& Katie Lindstrom Name & Title Health Human Services Signature Steasm NARRATIVE OF REQUEST:

FY! and for you approval- Amanda Berube has requested to reduce from a regular (.90 FTE) employment status to a regular less than full time status. She will be working an average of 8 hours per week moving forward to support the COVID response (contact tracing/case investigations) and other communicable disease work along with occasional vaccine and family planning clinics. | am requesting regular part time (under .50 FTE) status vs casual status as we may need Amanda to work more than 40 hours per month should we see a surge in COVID cases. Please contact me at 360-589-9061 with any questions. Thank you!

RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

I move to approve request for the reduction of Amanda Berube, Licensed Practical Nurse to regular part-time (0.49FTE), effective August 1, 2021

Resolution No. 2019-043 Page 1 [Agenda Request Form Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 08/10/2021 AGENDA REQUEST FORM

ACTION: [] Approved/Confirmed [IDenied Agenda Item # 14 [] Subject to adequate budget appropriations Initial Date [1 No action taken/withdrawn [] Tracking [] Deferred/Continued to meeting of time DISTRIBUTION LIST: JRF [cr [sea oTHER [1AssrR []auD [lcs [cere [pep Ll ppw Clema [FAR [1uLTH Llir Llyov [ INDC [Ipaccom [pros [spc [drcso [IsuprcT [JTRSR [vec [1wsu [1367C AGENDA ITEM REQUEST Attach all required documentation

Department/Office Health & Human Services Date 08/04/2021

Name & Title Gracie Minks, HHS Manager Signature Gracie Minks

NARRATIVE OF REQUEST: Requesting approval and signature of contract #2021-22 with Coastal Community Action Program (CCAP) to provide supported employment services for adults with developmental disabilities for the amount $264,528. CCAP has provided these services for over a decade and was awarded our RFA which is effective until June 30th, 2022. CCAP has performed well with this contract and it is our recommendation to continue to contract with them moving forward. The contract fiscal period is July 1, 2021-June 30, 2022, at which point we will need to release a new RFA. Please contact me at ext. 2629 with any questions. Thank you!

I move to approve Contract #21-22_CCAPDD with Coastal Community Action Program to provide Developmental Disabilities Employment Services, subject to receipt of required insurance

Resolution No. 2019-043 Page 1 Agenda Request Form Contract # 21-22_CCAPDD

THIS AGREEMENT is made and entered into this 10th day of August, 2021, by and between Pacific County, hereinafter referred to as "County," and Coastal Community Action Program hereinafter referred to as "Contractor."

THE PURPOSE of this Agreement is to provide for the delivery of Developmental Disabilities Employment Services, specifically Group Supported Employment (GSE), Individual Supported Employment (ISE), and Community Inclusion (CI) in Pacific County, for the period beginning on July 1, 2021, and ending on June 30, 2021. The County and the Contractor agree to the terms and conditions set forth as follows:

PROVISIONS PAGE

General Provisions 2 - 9

Payment Provisions 10

Specific Provisions 11 – 14

Signature Page 15

Exhibit A- Statement of work 18-20

Exhibit B- Budget 21

Exhibit C- Criteria for evaluation 22-26

Exhibit D- Individual Employment Billable Activities 27-28

Exhibit E- Community Inclusion Billable Activities 29

Exhibit F- DDA COVID-19 Billable Activities 30-31 Guidance Minimum Standards

Exhibit G – DDA County Program Agreement Data Security 32-39

and other such terms and conditions incorporated by reference herein.

Contract # 2021-2022_CCAP DD Page 1 of 39

Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, - beginning at 9 a.m P O Box 187 * 1216 W Robert Bush Drive a South Bend, WA 98586 REQUESTED MEETING DATE: Ph one 360/360/875.9337 * Fax 360/875.9335S60 a 08/10/2021 AGENDA REQUEST FORM

15 ACTION: [| Approved/Confirmed [IDenied Agenda Item # [] Subject to adequate budget appropriations Initial Date [J No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time DISTRIBUTION LIST: LIRF [cr [ISEA oTHER [1 AssrR []AuD [lcs [lcrerk [pep [1 ppw L1EMa [1raR [JuLTH [ir [suv InNDC [lpaccom [pros [Ispc [Ircso [IsuprcT []JTRSR [1vEG [Iwsu [I367C AGENDA ITEM REQUEST Attach all required documentation

Department/Office Health & Human Services Date 08/02/2021

Name & Title Gracie Minks, HHS Manager Signature Gracie Minks

NARRATIVE OF REQUEST: Requesting approval of signature of Agreement #2163-23594 with DSHS. This agreement provides the county with a working advance (if needed) to supplement the department's cash flow as it relates to the Developmental Disabilities program. Each month, the county reimburses CCAP roughly $20,000 for providing employment services to adults with developmental disabilities. The county then requests reimbursementto the state, which can take from 1-2 months to receive revenue. THis working advance can be accessed if needed to help with cash flow while we wait for reimbursement. Please contact me at ext. 2629 with any questions, thank you!

RECOMMENDED MOTION [To be completed by Clerkof the Board/Deputy ClerkoftheBoard]

I move to approve County Program Agreement Number 2163-23594 Working Advance Long- Term Payable with Department of Social Health Services and authorize Chair to sign

Resolution No. 2019-043 Page 1 [Agenda Request Form

DSHS Agreement Number

COUNTY 2163-23594

PROGRAM AGREEMENT Working Advance Long-Term Payable This Program Agreement is by and between the State of Washington Department of Administration or Division Social and Health Services (DSHS) and the County identified below, and is issued in Agreement Number conjunction with a County and DSHS Agreement On General Terms and Conditions, which is incorporated by reference. County Agreement Number

DSHS ADMINISTRATION DSHS DIVISION DSHS INDEX NUMBER DSHS CONTRACT CODE

Facilities, Finance and Financial Services 1231 8030CS-63 Analytics Administration DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS

Rebecca Doane PO Box 45842 Office Chief Olympia WA 98504-5842 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL (360)763-2977 Click here to enter text. [email protected] COUNTY NAME COUNTY ADDRESS

Pacific County 1216 West Robert Bush Drive Post Office Box 26 South Bend WA 98586 COUNTY CONTACT NAME

Katie Oien-Lindstrom COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL (360) 875-9300 (360) 875-9323 [email protected] IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT?

No PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2021 06/30/2022 Based on Annual Review The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DSHS only upon signature by DSHS. COUNTY SIGNATURE(S) PRINTED NAME(S) AND TITLE(S) DATE(S) SIGNED

DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED

Kerra Lynch, Contract Manager DSHS Central Contracts and Legal Services

DSHS Central Contract Services 8030CS County Long-Term Payable (3-28-2017) Page 1 SPECIAL TERMS AND CONDITIONS

1. Definitions

a. “Commingle” is the act of mixing the funds and/or Long-Term Payables for one program with the funds of another program.

b. “Documentation of Funds form” (DOF) is a form provided to the County each year by DSHS on which the County records qualifying previous year expenditures from which DSHS can appraise and evaluate the amount of the existing Long-Term Payable or appropriate adjustments.

c. “Long-Term Payable” means funds provided by DSHS to the County in anticipation of specific client services provided by the County. The County shall not be allowed to retain any overage of the Long-Term Payable funds if the County does not actually provide the anticipated services during the given timeframe. Long-Term Payable funds are to be reconciled by April 30 of each year and any funds not fully utilized shall be refunded to DSHS by May 31 of each year.

2. Purpose

a. It is the purpose of this Agreement to specify the procedure by which DSHS will assess and, if necessary, adjust the Long-Term Payable it provides to the County.

b. Funds to support contracts for the following DSHS programs may be included in a Long-Term Payable: Developmental Disabilities Administration (DDA) and/or Aging and Long-Term Support Administration (ALTSA).

3. Statement of Work

a. County Responsibilities

(1) The County shall submit to DSHS, on forms provided by DSHS and by a date determined by DSHS, a completed Documentation of Funds form (DOF) from which DSHS shall assess whether or not an adjustment to the amount of the Long-Term Payable provided to the County is warranted.

(2) The County shall exclude all amounts related to its Prepaid Inpatient Health Plan expenditures from its DOF.

(3) The County shall repay to DSHS all of the Long-Term Payable funds received from DSHS that exceed the amount that DSHS determines is warranted. Repayment requirements shall be based upon DSHS assessment of the most recent annual DOF submitted by the County to DSHS. Any Long-Term Payable funds not fully utilized by the County, as determined by DSHS through the DOF process, shall be refunded to DSHS by May 31 of each year.

(4) The County shall only utilize Long-Term Payable funds for the DSHS program or service for which the funds were originally designated. Long-Term Payable funds may not be commingled between or among programs or services.

(5) Any interest the County earns on the Long-Term Payable funds shall only be utilized for the DSHS programs or services for which the funds were originally designated. Long-Term Payable interest shall not be used for programs or services unrelated to the client services anticipated by this Agreement.

(6) The County shall record the Long-Term Payables in its financial records.

DSHS Central Contract Services 8030CS County Long-Term Payable (3-28-2017) Page 2 SPECIAL TERMS AND CONDITIONS

b. DSHS Responsibilities

(1) DSHS shall assess the DOF submitted by the County to determine if, during the term of this Agreement, any adjustment to the original two month Long-Term Payable provided to the County is warranted.

(2) Adjustment may include DSHS request for repayment by County of any Long-Term Payable amounts previously paid to County that are in excess of the amount currently warranted.

4. Termination

In the event that this Agreement, or a program contract listed in 2.b. above, is terminated prior to completion, DSHS shall take all available steps to recover any Long-Term Payable determined to be an overpayment and the County shall fully cooperate during the recovery process.

DSHS Central Contract Services 8030CS County Long-Term Payable (3-28-2017) Page 3 Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health month, beginning at 9 P O Box 187 * 1216 W Robert Bush Drive a.m. South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 8/10/21 AGENDA REQUEST FORM

16 ~ ACTION: Approved/Confirmed. Agenda Item [] [peniea # : : : Subject adequate. budget De,% : [Os to EN appropriations - Lib ; Initial _ Dae, : oT o wl action taken/withdrawn- ha 7 Oltscking A fred/Continued to meeting. Dea ii DISTRIBUTION LIST: Ore 0 TER erDat LERK ~~ Dasse Ces CC in aDo. Oopw Pan i Cleaccom‘Cleros rar. awlait Onv oe : sup VEG Cospc [decso | SmLET OrRSR wl]Hc| LsWSU 0:367C AGENDAa ITEM REQUEST Attach all required documentation

Department/Office Health Date 8/3/21

Clements Behavioral Health Name & Title essa Program Manager Signature ) NARRATIVE OF REQUEST: Requesting Intermittent FMLA for

RECOMMENDED MOTION fi

I approve to approve request for intermittent Family Medical Leave for a qualifying event, effective August 11, 2021 (for six months), and authorize Leave Credit Transfers and assign an expiration date of February 11, 2022

Resolution No. 2019-043 Page 1 Agenda Request Form RECEIVED PACIFIC COUNTY Meetings are held the 2nd Pacific County and 4th Tuesday of each Board of Commissioners/Local Board of Health... oy ~*~ month, beginning at 9 a.m. P O Box 187 * 1216 W Robert Bush Drive *"" =©" South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/8 5000 Failinltin] AGENDA REQUEST FORM

17 ACTION: [| Approved/Confirmed [IDenied Agenda Item # [1] Subject to adequate budget appropriations <* : Initial Date

: - [No action taken/withdrawn [I Tracking Ll] Deferred/Continued to meeting of. Le time DISTRIBUTION LIST: [IRF [Jcr [Isa OTHER [Tasse * [daub [cs [Jctere [dpe [pew [ema L]rAR [HLTH [rr [Llwuv [npc [lpaccom [pros [spc [Ircso Csuprcr [JTRsR [JvEG [Iwsu [1367C AGENDA ITEM REQUEST Attach all required documentation Department/Office "=\i OC Beal Date ? ( x | 2 Name & Title lo Oo Steveul, PrPq~~) MyBignature TATA NARRATIVE OF REQUEST:

Request to make the following changes for our current temporary staff members:

-Change in status for Wendy D'Agostino to a LPN, grade 12 step 9.

-Remove April Modawell from temporary status.

These changes will go into effect on August 1st.

RECOMMENDED MOTION Fan Ae

I move to approve Change in Status for Wendy D’Agostino, Licensed Practical Nurse, Grade 12 Step 9, subject to adequate budget appropriations and acknowledge conclusion of temporary casual employment for April Modawell, Public Health Nurse, both effective August 1, 2021

Resolution No. 2019-043 Page 1 Agenda Request Form Meetings are held the 2nd Pacific3 County and 4th Tuesday of each

position, subject to adequate budget appropriation 2021, and consider approval of request to post, advertise, hire for vacant Local 367C Grade 10 I move to acknowledge resignation of Deputy District Court Clerk, Jerri Hawks, effective August 18, Board of Commissioners/Local Board of Health month, : 9 P O Box 187 * 1216 W Robert Bush Drive beginning at a.m— South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335 08/10/2021 AGENDA REQUEST FORM

ACTION: [] Approved/Confirmed [I Denied Agenda Item # [1 Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time DISTRIBUTION LIsT: [JRF [Jcr [JSEA OTHER []Assr []aup Clcs Jcrerk [pep Ll ppw Lema [1FAIR [HLTH Clr lrov CInpe [Jpaccom [pros [spc [Ipcso [JsuprcT [JTRSR [1veG (lwsu [1367¢ AGENDA ITEM Attach all required documentationREQUEST

Department/Office NOrth District Court Date 08/05/2021 Name & Title Elizabeth B Penoyar, Judge Signature NARRATIVE OF REQUEST: To acknowledge the attached resignation of North District Court Deputy Clerk Jerri Hawks effective August 18, 2021. | am also asking permission to post, advertise, and hire a District Court Deputy Clerk. This is a 1.0 fte position, grade 10 and is funded in our fy2021 budget. Thank you. 18

RECOMMENDED MOTION [To be completed by Clerkofthe Board/Deputy Clerk ofthe Board]

Resolution No. 2019-043 Page 1 Agenda Request Form Meetings are held the 2nd ¥ en and 4th of each

Department/Office Fair Date July 30, 2021 Name & Title Dotsi Graves, Admin Asst || signe YEZ NARRATIVE OF REQUEST: UM The Fair requests authorization to hire Ole C. Olsen as a temporary Fair employee beginning August 2, 2021 and continuing until September 10, 2021. 19 13.96 /hour RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

Resolution No. 2019-043 Page 1 *~~Agenda Request Form Pacific County Board of Commissioners/Local Board of Health P O Box 187 * 1216 W Robert Bush Drive South Bend, WA 98586 Phone 360/875.9337 * Fax 360/875.9335 8/10/2021 AGENDA REQUEST FORM TO BE COMPLETED BY CLERK OF THE BOARD/DEPUTY CLERK OF THE BOARD

ACTION: Approved/Confirmed Denied Agenda Item # ______20 Subject to adequate budget appropriations Initial ______Date ______No action taken/withdrawn Tracking Deferred/Continued to meeting of ______time ______DISTRIBUTION LIST: RF CF SEA OTHER______ASSR AUD CS CLERK DCD DPW EMA FAIR HLTH IT JUV NDC PACCOM PROS SDC PCSO SUPR CT TRSR VEG WSU 367C

AGENDA ITEM REQUEST Attach all required documentation

Department/Office ______Board of County Commissioners Date ______8/5/2021

Name & Title ______Marie Guernsey, Clerk of the Board Signature ______

NARRATIVE OF REQUEST:

The Auditor's Office has T-Mobile has their cellular phone carrier. In order to capture their text messages, the attached T-Mobile Smarsh Services Addendum will need to signed.

Resolution No. 2019-043 Page 1 Agenda Request Form DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

T-MOBILE SMARSH SERVICES ADDENDUM

This T-Mobile Smarsh Services Addendum (“Addendum”), which shall be effective as of the date the second Party signs this Addendum below (“Addendum Effective Date”), is by and between T-Mobile USA, Inc., a Delaware corporation (“T-Mobile”), and Pacific County Auditor’s Office, a(n) State of Washington Local Municipality, with its principal place of business at 300 Memorial Dr, South Bend, WA 98586 (“Customer”). For purposes of this Addendum, T-Mobile and Customer are sometimes collectively referred to as the “Parties,” and individually as a “Party.”

The following terms apply to Customer’s or any procuring Agencies purchase and use of the SMS/MMS/RCS messages capture or archiving services, software, or products (collectively, “Smarsh Services”) provided by Smarsh Inc. (“Smarsh”). References to “Agreement” in this Addendum mean the: NASPO ValuePoint Contract No. MA176 and applicable State of Washington Participating Addendum - Master Contract 04718 (“Agreement”). Use of the Smarsh Services is subject to acceptance of this Addendum, the terms set out herein, including the attached and incorporated Attachment A and Attachment B.

The terms and conditions of this Addendum or the Agreement will not be modified or superseded by any terms and conditions in a Customer-generated purchase order (“Order”). Orders will have no force or effect other than to denote quantity, the products or services purchased, delivery destinations, requested delivery dates and any other information required by this Addendum or the Agreement.

1. Smarsh Services Agreement. Customer’s use of the Smarsh Services is subject to the separate agreement between Customer and SmarshIn attached to this AddendumProcess as Attachment A (the “Smarsh Services Agreement”). By entering into this Addendum or using the Smarsh Services, Customer is agreeing to the Smarsh Services Agreement. If Customer does not agree to the Smarsh Services Agreement, Customer should not enter into this Addendum or use the Smarsh Services. The Smarsh Services Agreement is solely between Smarsh and Customer. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under, the Smarsh Services Agreement.

2. Responsibility for Smarsh Services. Except for billing for the Smarsh Services, as described further in Section 3 below, the Smarsh Services are controlled and provided by Smarsh and not by T-Mobile. T-Mobile expressly disclaims all liability related to or arising from the Smarsh Services, including Customer’s use of the Smarsh Services, or liability related to or arising from any updates, modifications, outages, failures, corruption of data, loss of data56, discontinuance of services, or termination of Customer’s account by Smarsh. T-Mobile does not control and is not responsible or liable for how Smarsh or the Smarsh Services transmit, access, store, or use data.

3. Billing; Fees. T-Mobile will invoice Customer for the Smarsh Services, and Customer will pay to T-Mobile all fees for the Smarsh Services. The fees for using the Smarsh Services are listed in Attachment B (Pricing) to this Addendum. If Customer disputes any fees, Customer should contact T-Mobile.

4. Updates to These Terms. Notwithstanding anything to the contrary in the Agreement, the Parties acknowledge that the terms of this Addendum may be changed, modified, supplemented, or updated by T-Mobile from time to time by notice from T-Mobile to Customer via: (a) a prompt that will allow Customer to read the new or modified terms; or (b) by electronic mail. If the change, modification, supplement or update will have a material adverse effect on Customer, T-Mobile will provide Customer with a minimum of fourteen (14) days’ notice of the change, modification, supplement or update. Customer accepts the change, modification, supplement or update by continuing to use the Smarsh Services after the effectiveness of such change, modification, supplement or update.

5. Network Service. T-Mobile makes wireless connectivity and certain data services available to Customer for Customer to use the Smarsh Services. The “Network Service” means the wireless services provided to Customer by

T-Mobile Smarsh Services Addendum (Public Sector Final 04-29-21) (CLM1119897 Legal Final 7-30-21_LR) Page 1 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

T-Mobile, which are subject to the agreement between Customer and T-Mobile. This Addendum supplements and does not amend the Agreement. T-Mobile is not responsible for connections with the Smarsh Services that are not provided via the Network Service.

6. Support. T-Mobile has no obligation to provide support to Customer for the Smarsh Services, except that Customer may contact T-Mobile for any questions relating to billing for the Smarsh Services or the Network Service.

7. Term and Termination. The term of this Addendum shall commence on the Addendum Effective Date and shall continue on a month-to-month basis. Either Party may terminate this Addendum without cause upon thirty (30) days’ written notice to the other Party. Either Party may terminate this Addendum without penalty if the other Party materially breaches this Addendum and such breach is not cured within thirty (30) days after the breaching Party receives written notice of such breach from the non-breaching Party. This Addendum and all rights and obligations hereunder, except those expressly indicated to survive, shall terminate immediately upon termination or expiration of the Agreement. Upon expiration or termination of this Addendum, all rights and obligations granted hereunder, except those expressly indicated to survive, shall immediately terminate. Unless otherwise set forth in the Agreement or this Addendum, termination or expiration of this Addendum does not terminate the Agreement or any rights or obligations in the Agreement. The following sections will survive any expiration or termination of this Addendum: Sections 1, 2, 3, 5, 7, 8, 9 and 10.

8. Data Transfer. Customer acknowledges and agrees that data may be stored or transmitted through third party facilities, third party services or common carriers, including without limitation the internet, in the course of using the Smarsh Services. In Process 9. Assignment. This Addendum and any rights granted to Customer under this Addendum may not be transferred or assigned by Customer, in whole or in part, whether voluntarily, by operation of law, or otherwise, without T-Mobile’s prior written consent and any such attempted assignment or transfer shall be null and void, except that Customer may assign this Addendum in its entirety to a purchaser of all or substantially all of Customer’s assets or business or in connection with a merger, amalgamation, reorganization or similar transaction without consent upon written notice to T-Mobile. Subject to the foregoing, this Addendum will inure to the benefit of and be binding upon the respective successors and permitted assigns of Customer and T-Mobile. This Addendum may be assigned or novated by T-Mobile in its sole discretion by way of written notice to Customer.

10. Miscellaneous. The Agreement and this Addendum constitute the complete, final, and exclusive understanding between Customer and T-Mobile regarding the subject matter of this Addendum. The Agreement and this Addendum supersede all prior understandings, communications, and agreements between Customer and T-Mobile with respect to the Smarsh Services.

T-Mobile USA, Inc. Customer: Pacific County Auditor’s Office By: ______By: ______

Name:______Name: Marie Guernsey______

Title: ______Title: ______Chair

Date: ______Date: ______

Legal Approved by:

______T-Mobile USA, Inc. Legal Department

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Attachment A SMARSH SERVICES AGREEMENT

Attachment A Smarsh Services Agreement General Terms for T-Mobile Customers

WHEN YOU SCROLL THROUGH AND REVIEW THESE TERMS THEN CLICK A BOX TO ACCEPT THESE TERMS ON THE T-MOBILE ADMIN PORTAL YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. YOU, THE COMPANY ENTERING THIS AGREEMENT (“CLIENT”), AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOUR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.

THE “EFFECTIVE DATE” OF CLIENT’S AGREEMENT IS THE DATE ON WHICH CLIENT FIRST ACCEPTS THESE TERMS THROUGH THE T-MOBILE ADMIN PORTAL. THE TERM OF CLIENT’S AGREEMENT FOR ALL SERVICES OR SOFTWARE WILL CONTINUE TO RENEW ON THE ANNIVERSARY OF THE EFFECTIVE DATE, BUT ACCORDING TO THE RENEWAL TERMS OF THIS AGREEMENT.

This Smarsh Services Agreement-General Terms (the “Agreement”) constitutes a binding agreement between Smarsh Inc. (“Smarsh”) and the Client who accepts the terms of this Agreement through the T- Mobile Admin Portal. Client agrees that the terms of this Agreement will govern Client’s use of the Services (as defined in SectionIn 1). Process

This Agreement includes four parts: (1) the legal terms that are included in this “Smarsh Services Agreement – General Terms”, (2) the terms that are specific to each service included in the “Service Specific Terms”, (3) the description of what is included with each service in “Service Descriptions”; and (4) the Acceptable Use Policy (or “AUP”).

1. Services. Smarsh will provide the Smarsh services specified in Client’s service order with T-Mobile ("Services"), according to this Agreement, the Service Specific Terms (including the applicable Service Level Agreement(s)), and the Service Descriptions, which describe the features and functionality of each Service. Service Descriptions are available at www.smarsh.com/legal. The Service Specific Terms are attached as Exhibit A. Smarsh grants Client a revocable, non-exclusive, non-transferable, limited license to access and use the Services purchased by Client during the Term (as defined in Section 5). Following Client’s acceptance of this Agreement through the T-Mobile Admin Portal, Smarsh will activate or otherwise make available the Services by either delivering the software (if on-premise software is purchased) or providing Client with access to an account within the applicable hosted Service (“Activation Date”). This Agreement is solely between Client and Smarsh, and T-Mobile is not bound by, and does not have or assume any obligations under, this Agreement. The Services are not controlled or provided by T-Mobile. Smarsh is solely responsible for providing the Services to Client.

2. Support & User Groups. Smarsh Central, located at https://central.smarsh.com/s/ is where Client may seek support resources for the Services as well as engage with other end users in online forums regarding the Services.

2.1. Smarsh Central. Support FAQ’s and other support resources are available on Smarsh Central located at https://central.smarsh.com/s/. Client may initiate support requests by submitting support tickets on Smarsh Central. Changes to Smarsh’s support policies will be made available on Smarsh Central.

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2.2. Groups. Smarsh Central also provides online forums and related features to Users of the Services (as defined in Section 3.6) for discussion, feedback, and general Q&A purposes (such forums and related features are collectively called “Groups”). Smarsh grants Client and its Users a revocable, non-exclusive, non-transferable license to access and use Groups within Smarsh Central in connection with Client's use of the Services. Client or Users may post comments or content to Groups ("Groups Content"). Client hereby grants Smarsh a worldwide, exclusive, royalty-free, irrevocable license to access, use, reproduce, make derivatives of, and incorporate Groups Content into Smarsh products or services for commercial use. Client acknowledges that Groups Content is not confidential and is subject to the Acceptable Use Policy, attached as Exhibit C. Smarsh may delete Groups Content without prior notice. Client is responsible for all Groups Content posted by its Users. Smarsh disclaims all liability arising from Groups Content and use of Groups, including exposure to content that is potentially offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Smarsh may suspend or discontinue Groups at any time. Smarsh provide Groups without charge and Groups is not part of the Services. 3. Client Obligations.

3.1. As used in this Agreement, the term “Client Data” means the data that the Services capture or archive from Client’s T-Mobile Services (as defined in Section 4). Client hereby grants Smarsh a limited, non-exclusive license to access, copy, transmit, download, display, and reproduce Client Data as necessary to provide, support, and improve the Services, as directed by Client, or as otherwise authorized hereunder. Data generated by the Services regarding Client’s use of the Services is usageIn data and is not andProcess does not contain Client Data.

3.2. It is Client’s sole responsibility to monitor the Services and Client’s systems and T-Mobile Services to ensure that Client Data is being captured. Client will notify Smarsh of any delivery failures or outages of its systems that could affect the transmission of Client Data. Smarsh will have no responsibility or liability for any data that Client transmits to Smarsh in an unencrypted format. Smarsh is not responsible or liable for any update, upgrade, patch, maintenance or other change to Client’s systems or T-Mobile Services that affects the transmission of Client Data to the Service. It is Client’s responsibility to ensure that the Services are configured to capture Client Data from all relevant end-user devices.

3.3. Client is solely responsible for the content of Client Data. Client represents and warrants that (a) Client Data will not (i) infringe any third party right, including third party rights in patent, trademark, copyright, or trade secret, or (ii) constitute a breach of any other right of a third party, including any right that may exist under contract or tort theories; (b) Client will comply with all applicable local, state, national, or foreign laws, rules, regulations, or treaties in connection with Client’s use of the Services, including those related to data privacy, data protection, communications, SPAM, or the transmission, recording, or storage of technical data, personal data, or sensitive information; and (c) Client will comply with the Acceptable Use Policy, attached as Exhibit C. Smarsh may update the Acceptable Use Policy from time to time.

3.4. Client is responsible for ensuring that (a) Client’s account registration information is complete and accurate; and (b) Client’s account credentials are confidential. Client will notify Smarsh immediately of any unauthorized use of Client’s account or account credentials, or any other known or suspected breach of the security of Client’s account. Client is responsible for the activity that occurs within Client’s account and for the actions or omissions of Client’s employees, contractors or agents, whether such person is or was acting within the scope of their

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employment, engagement, or agency relationship. Client will not permit Smarsh competitors to access the Services.

3.5. Client may provide Representatives with access to the Services, may purchase Services on behalf of Representatives, or where Client is required to review Representative communications, Client may use the Services to meet such requirement. A “Representative” means any entity (a) that Client controls or that is under common control with Client; or (b) on behalf of which Client has a regulatory requirement to archive or review communications data. Representatives’ use of the Services is subject to the terms of this Agreement. Client is responsible for the actions or omissions of each Representative whether such person is or was acting within the scope of their employment, engagement, or agency relationship.

3.6. Client may designate user roles with different levels of access for use or support of the Services. An “Authorized User” is the administrative user(s) with the highest level of access and is responsible for managing the Services for Client. Only Authorized Users may appoint other Authorized Users, request or agree to changes to the Services, add or remove users, contact support, or take other, similar actions. A “User” is any individual who is granted login credentials to the Services. Users may not share account log in credentials.

3.7. Client may capture and archive text messages only for Client’s current employees or contractors. Client shall provide each employee and contractor with clear and conspicuous notice of policies regarding the receipt, transmission, storage, and use of employee's or contractor's text messages. ClientIn is responsible for ensuringProcess that each employee and contractor has agreed to such policies and that each employee and contractor has been made aware that such employee or contractor has no reasonable expectation of privacy in such person’s text messages. Client shall not capture or archive text messages for any individual who is not a Client employee or contractor. Client may retain previously captured and archived text messages of former employees or contractors. The implementation process is dependent on actions to be completed by Client and T-Mobile. Smarsh is not responsible for delays in implementation caused by T-Mobile, Client, or Client employees or contractors. Client will immediately deprovision capture and archiving for terminated employees or contractors.

4. T-Mobile Services. The Services receive Client Data from T-Mobile and are dependent on its services, software, applications, platforms, and APIs (“T-Mobile Services”). T-Mobile Services are not offered, controlled or provided by Smarsh. T-Mobile may make changes to its service, or components thereof, or suspend or discontinue a service without notice to Smarsh. Smarsh does not control and is not responsible or liable for how the T-Mobile Services transmit, access, process, store, use, or provide data to Smarsh. Smarsh expressly disclaims all liability related to or arising from any T-Mobile Services, including Client’s use thereof, or liability related to or arising from any updates, modifications, outages, delivery failures, corruption of data, loss of data, discontinuance of services, or termination of Client’s account by T-Mobile.

5. Term & Termination.

5.1. Term. The Agreement will begin on the Effective Date and will remain in effect for the term specified in the Client’s order document with T-Mobile or, if no term is specified, 12 months (“Initial Term”). The Initial Term will renew automatically for additional, successive 12-month terms (each a “Renewal Term”), unless Smarsh or Client provides the other party with written notice of non-renewal at least 60 days prior to the end of the Initial Term or the applicable

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Renewal Term, or either party terminates in accordance with Section 5.2 or 5.3 below. The Initial Term plus any Renewal Term are, collectively, the “Term.” The subscription for any Services purchased after the Effective Date will co-terminate with the then-current Term.

5.2. Termination for Breach. Either party may terminate this Agreement if the other party materially breaches its obligations under this Agreement and such breach remains uncured for a period of 30 days following the non-breaching party’s written notice thereof. Smarsh may suspend Client’s access to the Services in the event of Client’s breach of this Agreement and will not be liable for any damages resulting from such suspension.

5.3. Termination for Bankruptcy. This Agreement will terminate immediately, upon written notice, where (a) either party is declared insolvent or adjudged bankrupt by a court of competent jurisdiction; or (b) a petition for bankruptcy or reorganization or an arrangement with creditors is filed by or against that party and is not dismissed within 60 days.

5.4. Effect of Termination. Upon any termination or expiration of the Agreement (a) all rights and licenses to the Services granted to Client by Smarsh will immediately terminate; and (b) upon request, each party will return to the other or delete the Confidential Information of the other party; provided that if Client requests Smarsh to return Client Data from within Client’s Professional Archive (defined in the Professional Archive Service Specific Terms) instance, Client must (i) sign a separate order document for such Professional Services and will pay Smarsh’s then-current data extraction and exportation fees plus any hardware costs as specified in such order documentIn or (ii) sign a separateProcess access-only agreement to maintain access to the Professional Archive with the ability to complete self-service exports.

6. Fees & Payment. Client will pay all fees for the Services (“Fees”) to T-Mobile as set forth in its order document with T-Mobile. All invoices will be issued to Client by T-Mobile. If Client disputes any Fees, Client must contact T-Mobile. Smarsh may suspend Client’s access to the Services if T-Mobile notifies Smarsh that Client failed to pay the Fees when due and such Fees remain unpaid 60 days after the due date. Smarsh will not be liable for any damages resulting from such suspension.

7. Confidentiality.

7.1. “Confidential Information” means (a) the non-public information of either party, including but not limited to information relating to either party’s product plans, present or future developments, customers, designs, costs, prices, finances, marketing plans, business opportunities, software, software manuals, personnel, research, development or know-how; (b) any information designated by either party as “confidential” or “proprietary” or which, under the circumstances taken as a whole, would reasonably be deemed to be confidential; (c) the terms of this Agreement; or (d) Client Data. “Confidential Information” does not include information that: (i) is in, or enters, the public domain without breach of this Agreement; (ii) the receiving party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; (iii) the receiving party knew prior to receiving such information from the disclosing party, as evidenced the receiving party’s records; or (iv) the receiving party develops independently without reference to the Confidential Information.

7.2. Obligations with Respect to Confidential Information. Each party agrees: (a) that it will not disclose to any third party, or use for the benefit of any third party, any Confidential Information Smarsh Service Agreement - General Terms for T-Mobile Customers Page | 4

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disclosed to it by the other party except as expressly permitted by this Agreement; and (b) that it will use at least reasonable measures to maintain the confidentiality of Confidential Information of the other party in its possession or control but no less than the measures it uses to protect its own confidential information . Either party may disclose Confidential Information of the other party: (i) pursuant to the order or requirement of a court, administrative or regulatory agency, or other governmental body, provided that the receiving party, if feasible and/or legally permitted to do so, gives reasonable notice to the disclosing party to allow the disclosing party to contest such order or requirement; or (ii) to the parties’ agents, representatives, subcontractors or service providers who have a need to know such information provided that such party shall be under obligations of confidentiality at least as restrictive as those contained in this Agreement. Each party will promptly notify the other party in writing upon becoming aware of any unauthorized use or disclosure of the other party’s Confidential Information.

7.3. Remedies. Each party acknowledges and agrees that a breach of the obligations of this Section 7 by the other party may result in irreparable injury to the disclosing party for which there may be no adequate remedy at law, and the disclosing party will be entitled to seek equitable relief, including injunction and specific performance, in the event of any breach or threatened breach or intended breach by the recipient of Confidential Information.

8. Intellectual Property. As between Smarsh and Client, all right, title and interest in and to the Services, the information technology infrastructure including the software, hardware, databases, electronic systems, In networks, and all applications,Process APIs or Client-Side Software (as defined in the Service Specific Terms) required to deliver the Services, or made available or accessible to Client by Smarsh, including all documentation regarding the use or operation of the Services (collectively "Intellectual Property") are the sole and exclusive property of Smarsh. Except as expressly stated herein, nothing in this Agreement will serve to transfer to Client any right in or to the Intellectual Property. Smarsh retains all right, title and interest in and to Intellectual Property. As between Smarsh and Client, Client Data is the sole and exclusive property of Client and other than the limited license to Client Data granted hereunder, nothing in this Agreement will serve to transfer to Smarsh any intellectual property rights in Client Data.

9. Smarsh Representations and Warranties; Warranty Disclaimer.

9.1. Performance Warranty. Smarsh represents and warrants that it will provide the Services in accordance with generally accepted industry standards.

9.2. Authority. Smarsh represents and warrants that it has the right and authority to enter into this Agreement and that the performance of its obligations under this Agreement will not breach, or conflict with, any other agreement to which Smarsh is a party.

9.3. Compliance with Laws. Smarsh represents and warrants that it will comply with the laws and regulations applicable to Smarsh in its performance of the Services.

9.4. Warranty Disclaimer; No Guarantee. EXCEPT AS SET FORTH ABOVE, SMARSH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH THE SERVICES, PROFESSIONAL SERVICES OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS PROVIDED OR MADE AVAILABLE BY SMARSH. SMARSH

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HEREBY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMARSH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SOFTWARE WILL BE AVAILABLE OR ERROR-FREE. SMARSH WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF SMARSH. SMARSH DOES NOT GUARANTEE THAT USE OF THE SERVICES BY CLIENT OR THE ADVICE, CONSULTING OR PROFESSIONAL SERVICES PROVIDED TO CLIENT WILL ENSURE CLIENT’S LEGAL COMPLIANCE WITH ANY FEDERAL, STATE, OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

10. Indemnification.

10.1. Client Indemnification. Client will defend, indemnify and hold harmless Smarsh, its officers, directors, employees and agents, from and against all claims, losses, damages, liabilities and expenses (including fines, penalties, and reasonable attorneys’ fees), arising from or related to the content of Client Data and Client’s breach of the Service Specific Terms or Sections 3.2, 3.3, 3.4, 3.5, 3.7, or 15.1 of this Agreement. Smarsh will (a) provide Client with prompt written notice upon becomingIn aware of any such claim;Process except that Client will not be relieved of its obligation for indemnification if Smarsh fails to provide such notice unless Client is actually prejudiced in defending a claim due to Smarsh’s failure to provide notice in accordance with this Section 10.1(a); (b) allow Client sole and exclusive control over the defense and settlement of any such claim; and (c) if requested by Client, and at Client’s expense, reasonably cooperate with the defense of such claim.

10.2. Smarsh Indemnification. Smarsh will defend, indemnify and hold Client harmless from third- party claims arising from a claim that the Services infringe any United States patent, trademark or copyright; provided that, Client shall (a) provide Smarsh with prompt written notice upon becoming aware of any such claim; (b) allow Smarsh sole and exclusive control over the defense and settlement of any such claim; and (c) reasonably cooperate with Smarsh in the defense of such claim. Notwithstanding the foregoing, Smarsh will not be liable for any claim that relates to or arises from: (i) custom functionality provided to Client based on Client’s specific requirements; (ii) any modification of the Services by Client or any third party; (iii) the combination of the Services with any technology or other services, software, or technology not provided by Smarsh; or (iv) Client’s failure to use updated or modified versions of the Services made available by Smarsh. Except as expressly provided in Section 11.1.3, the indemnification obligation contained in this Section 10.2 is Client’s sole remedy, and Smarsh’s sole obligation, with respect to claims of infringement.

11. Remedies and Limitation of Liability.

11.1. Remedies.

11.1.1. In the event of a breach of any warranty under Section 10.1 Smarsh will use commercially reasonable efforts to provide Client with an error correction or work-around that corrects

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the reported non-conformity. The foregoing remedy is Client’s sole and exclusive remedy for a breach of Section 10.1.

11.1.2. In the event of a breach of the applicable Service Level Agreement, Smarsh will provide Client with the credit stated in the Service Level Agreement. The foregoing remedy is Client’s sole and exclusive remedy for a breach of the applicable Service Level Agreement.

11.1.3. If the Services are subject to a claim of infringement under Section 10.2, Smarsh may, in its sole discretion, either (a) procure for Client the right to continue to use the Services; (b) modify the Services such that they are non-infringing; or (c) if in the reasonable opinion of Smarsh, neither (a) nor (b) is commercially feasible, then Smarsh may, upon thirty (30) days’ prior written notice to Client, terminate the applicable Service.

11.2. Limitation of Liability.

11.2.1. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER, OR TO ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF: USE, DATA, BUSINESS, OR PROFITS), ARISING FROM OR IN CONNECTION WITH THE SERVICES OR SOFTWARE (AS DEFINED IN THE SERVICE SPECIFIC TERMS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES InWERE FORESEEABLE Process OR WHETHER THE PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARSH WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER CONSEQUENTIAL OR OTHERWISE, ARISING FROM OR RELATED TO CLIENT’S NON-COMPLIANCE WITH ANY FEDERAL, STATE, OR INTERNATIONAL STATUTE, LAW, RULE, REGULATION, OR DIRECTIVE.

11.2.2. EXCEPT WITH RESPECT TO SECTION 10.1 (CLIENT INDEMNIFICATION), EACH PARTY’S AGGREGATE LIABILITY FOR ALL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, NOTWITHSTANDING THE FORM IN WHICH ANY ACTION IS BROUGHT (E.G., CONTRACT, TORT, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES ACTUALLY RECEIVED BY SMARSH FROM CLIENT FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INCIDENT FROM WHICH THE DAMAGES AROSE.

11.2.3. THE LIMITATION OF LIABILITY SET FORTH ABOVE IS CUMULATIVE; ALL PAYMENTS MADE FOR ALL CLAIMS AND DAMAGES WILL BE AGGREGATED TO DETERMINE IF THE LIMIT HAS BEEN REACHED.

12. General Terms.

12.1. Export Restrictions. The Services and Software (as defined in the Service Specific Terms), including any software, documentation and any related technical data included with, or contained in, the Services of Software, may be subject to United States export control laws and regulations. Smarsh Public IM policy manager is classified under Export Control Classification Number (ECCN) 5D002.c.1 and has been qualified for export under authority of license exception ENC, in accordance with sections 740.17(d) and 740.17(b)(3) of the U.S. Export Administration Regulations, 15 C.F.R. Part 730 et seq. (the "EAR"). It may not be downloaded or otherwise

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exported or re-exported into (or to a national or resident of) Crimea- Region of Ukraine, Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any organization or company on the United States Commerce Department's "Denied Parties List." Client will comply with the export laws and regulations of the United States and other applicable jurisdictions when using the Services. Client will not transfer the Software, or any other software or documentation provided by Smarsh (a) to any person on a government promulgated export restriction list; or (b) to any U.S.-embargoed countries. Without limiting the foregoing: (a) Client represents that it and its Authorized Users and any other users of the Services are not named on any United States government list of persons or entities prohibited from receiving exports; (b) Client represents that Client will not use the Software or Services in a manner which is prohibited under United States Government export regulations; (c) Client will comply with all United States anti-boycott laws and regulations; (d) Client will not provide the Software or Service to any third party, or permit any user to access or use the Software or Service, in violation of any United States export embargo, prohibition or restriction; and (e) Client will not, and will not permit any user or third party to, directly or indirectly, export, re-export or release the Software or Services to any jurisdiction or country to which, or any party to whom, the export, re-export or release is prohibited by applicable law, regulation or rule.

12.2. Assignment. Neither party may assign this Agreement, in whole or in part, without the other party’s prior written consent, except that either party may assign this Agreement without the other’s consent in the case of a merger, reorganization, acquisition, consolidation, or sale of all, or substantially all, of its assets. Any attempt to assign this Agreement other than as permitted herein will be null and void. This Agreement will inure to the benefit of, and bind, the parties’ respective successorsIn and permitted Process assigns.

12.3. Force Majeure. A failure of party to perform, or an omission by a party in its performance of, any obligation of this Agreement will not be a breach of this Agreement, nor will it create any liability, if such failure or omission arises from any cause or causes beyond the reasonable control of the parties, including, but not limited to the following (each a “Force Majeure Event”): (a) acts of God; (b) acts or omissions of any governmental entity; (c) any rules, regulations or orders issued by any governmental authority or any officer, department, agency or instrumentality thereof; (d) fire, storm, flood, earthquake, accident, war, rebellion, insurrection, riot, strikes and lockouts; or (e) utility or telecommunication failures; so long as such party uses reasonable efforts to resume performance after any such Force Majeure Event.

12.4. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict/choice of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Multnomah County, in the State of Oregon, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

12.5. Relationship of the Parties. The parties are independent contractors as to each other, and neither party will have power or authority to assume or create any obligation or responsibility on behalf of the other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.

12.6. Notices. Any legal notice under this Agreement will be in writing and delivered by personal delivery, express courier, certified or registered mail, postage prepaid and return receipt requested, or by email. Notices will be deemed to be effective upon personal delivery, one (1) day after deposit with express courier, five (5) business days after deposit in the mail, or when receipt Smarsh Service Agreement - General Terms for T-Mobile Customers Page | 8

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is acknowledged in the case of email to Smarsh. Notices will be sent to Client at the address set forth in its account registration information or such other address as Client may specify. Notices will be sent to Smarsh at the following address: Smarsh Inc., Attention: Legal, 851 SW 6th Ave, Suite 800, Portland, OR 97204, or in the case of email, to [email protected].

12.7. Publicity. Smarsh may disclose that Client is a customer of Smarsh.

12.8. Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Failure of either party to insist on strict performance of any provision herein will not be deemed a waiver of any rights or remedies that either party will have and will not be deemed a waiver of any subsequent default of the terms and conditions thereof.

12.9. Entire Agreement; Electronic Signatures. This Agreement is the entire agreement between the parties with respect to its subject matter, and supersedes any prior or contemporaneous agreements, negotiations, and communications, whether written or oral, regarding such subject matter. Smarsh expressly rejects all terms contained in Client’s purchase order documents, or in electronic communications between the parties, and such terms form no part of this Agreement. The parties agree that electronic signatures, whether digital or encrypted, or Client’s click-through acceptance of this Agreement, give rise to a valid and enforceable agreement. In Process

12.10. Amendments. Smarsh may amend this Agreement by posting a revised version to https://www.smarsh.com/legal/TMobile or at the Services log-in prompt. Client accepts the revised version of this Agreement by either (a) click-through acceptance at the Services log-in prompt; or (b) continued use of the Services for 30 days following the earliest notice of such revised version provided to an Authorized User at the Services log-in prompt.

13. IF CLIENT IS LOCATED IN EUROPE, THE FOLLOWING MODIFICATIONS TO THE ABOVE TERMS APPLY:

13.1. Sections 11.2.1 – 11.2.3 are replaced with the following Sections 11.2.1 – 11.2.3:

12.2.1 Limitation of Consequential Damages. Subject to 11.2.3, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data; (e) loss of use of any computer or other equipment or plant; (f) wasted management or other staff time; (g) losses or liabilities under or in relation to any other contract; or (h) indirect, special or consequential loss or damage.

12.2.2 Limitation on Direct Damages. Subject to Sections 11.2.1 and 11.2.3, Smarsh’s aggregate liability arising from or in connection with this Agreement (and whether the liability arises because of breach of contract, negligence, misrepresentation or for any other reason) shall not exceed 1.25 times the amounts paid or payable (having been invoiced but not yet paid) by Client for the license to use the Service.

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12.2.3 Notwithstanding anything to the contrary in this Agreement, neither party excludes or limits its liability in respect of death or personal injury caused by the negligence of that party, its servants or agents, breach of any condition as to title or quiet enjoyment implied by Section 12 Sale of Goods Act 1979 or Section 2 Supply of Goods and Services Act 1982, or liability for fraudulent misrepresentation or such other liability which cannot under applicable law be excluded or limited by Agreement.

13.2. Section 12.4 is replaced with the following:

12.4 Governing Law and Jurisdiction. This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement prevents either party from seeking injunctive relief in the appropriate or applicable forum.

In Process

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EXHIBIT A - Service Specific Terms

These Service Specific Terms apply to Client’s purchase and use of products and Services from the Connected Suite and consist of the following schedules:

Schedule 1A Service Specific Terms – Professional Archive

Schedule 1B Service Level Agreement – Connected Archive

Schedule 2 Service Specific Terms – Connected Capture

In Process

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EXHIBIT A – Schedule 1A Service Specific Terms – Professional Archive

These Service Specific Terms – Professional Archive apply only to Client’s purchase and use of the Connected Archive Professional Archive Service. Unless expressly stated otherwise, capitalized terms contained in these Service Specific Terms have the meaning given them in the Smarsh Service Agreement - General Terms.

1. Descriptions. The “Professional Archive” is a Service that captures data from the Client’s T-Mobile Services and archives it as Client Data. The Professional Archive includes a supervision module for compliance review and a discovery module for managing collection and export of communications for litigation holds, eDiscovery, and regulatory audits. To enable the Professional Archive to receive Client Data, Client must purchase a bundle of Connections. A “Connection” means one of the following, as applicable to the specific Channel: (a) a user account such as an email mailbox; (b) an instant message account or screen name; (c) a social media page or profile; or (d) a mobile device phone number.

2. Data Retention. Smarsh will retain Client Data captured by the Professional Archive during the Term of the Agreement for a default retention period of up to 7 years at no additional charge. If Client requires Client Data captured by the Professional Archive to be retained for longer than 7 years, Client must purchase extended data retention. Client may implement retention policies within the Professional Archive. Client is solely responsible for ensuring that the default retention period or any other retention policies implemented by Client within the Professional Archive comply with any applicable legal, regulatory,In or Client internalProcess requirements. Following termination or expiration of the Agreement, Smarsh will retain Client Data for a minimum of six (6) months to allow time for Client to make alternative arrangements for long-term data storage. Thereafter, Smarsh may delete Client Data in its sole discretion.

2. Data Exports. During the Term, Client may complete self-service exports of Client Data at no additional charge by logging into the Professional Archive. Client may also engage Smarsh to perform exports of Client Data on Client’s behalf by signing a separate order document and paying the associated Professional Services Fees. Following termination or expiration of the Agreement, Client may maintain access to the Professional Archive and the ability to complete self-service exports by executing a separate historical access agreement. In the alternative, Client may engage Smarsh to perform an export on Client’s behalf of all or a portion of the Client Data remaining in the Professional Archive by signing a separate order document and paying the associated Professional Services Fees.

3. Client Obligations. Client is responsible for configuring its T-Mobile Services to transmit Client Data to the Professional Archive.

4. Client-Side Software Terms. Certain Channels may require Client to install software (“Client- Side Software”) to allow the Professional Archive to receive Client Data. If Client-Side Software is provided to Client by Smarsh, upon delivery of the Client-Side Software Smarsh grants Client a limited, non-exclusive, non-sublicensable license to download and install the applicable Client-Side Software onto Client’s end user’s computer, laptop, or mobile device (as applicable), for which Client has purchased a Connection, or on Client owned or controlled servers, plus one copy for backup or archival purposes. Smarsh, and its licensors retain all rights in and to the Client-Side Software that are not expressly granted to Client in this Section 4.

6. Datacenters. The Professional Archive is hosted on Smarsh-managed infrastructure in the United States.

7. Service Level Agreement. The Service Level Agreement applicable to the Professional Archive is available at https://www.smarsh.com/legal/ConnectedArchiveSLA. A courtesy copy is attached as Schedule 1B. Smarsh Exhibit A - Schedule 1A Service Specific Terms – Professional Archive Page | 1

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EXHIBIT A – Schedule 1B Connected Archive – Service Level Agreement

Definitions

“Availability” means that Client is able to access the Connected Archive and is measured using the formula in section 1.1 below.

“Downtime” means service interruptions that occur outside normal maintenance windows, including Planned Maintenance and Outages.

“Outages” means unplanned service interruptions that temporarily prevent access to major functions of the production platform.

“Planned Maintenance” means (i) maintenance that occurs during normal maintenance windows (as specified in section 2.4 below) and (ii) maintenance that occurs outside normal maintenance windows for which Smarsh has provided notice in accordance with section 2.5 below.

1. Smarsh Uptime Commitment

1.1 The production instance of the Smarsh Connected Archive will be available 99.9% of any calendar monthIn (the “Uptime CommitmentProcess”). Availability is measured using the following industry-standard formula:

푇표푡푎푙 푀𝑖푛푢푡푒푠 𝑖푛 푎 푀표푛푡ℎ (30 푑푎푦푠) − 푇표푡푎푙 퐷표푤푛푡𝑖푚푒 𝑖푛 푡ℎ푒 푀표푛푡ℎ 푨풗풂풊풍풂풃풊풍풊풕풚 (푙푒푠푠 푃푙푎푛푛푒푑 푀푎𝑖푛푡푒푛푎푛푐푒 ) = ∗ 100 푇표푡푎푙 푀𝑖푛푢푡푒푠 𝑖푛 푎 푀표푛푡ℎ (30 푑푎푦푠)

Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Smarsh’s normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of third-party sites, applications, software, hardware, or other components not supplied by Smarsh, or the intentional or malicious actions of third parties; (d) Client’s acts or omissions; or (e) force majeure events. Client may view the system status and subscribe to status updates at https://status.smarsh.com/.

1.2 If Smarsh does not meet its Uptime Commitment, Smarsh will issue Client a credit equal to 1/30th of the monthly fee for the Service that did not meet the Uptime Commitment. Credits must be requested by Client, within thirty (30) days of the end of the month in which the Uptime Commitment was not met. The failure to meet the Uptime Commitment must be verified by Smarsh’s diagnostic monitoring tools. Credits will be credited against Client’s next invoice.

2. Support and Maintenance Services

2.1 Smarsh uses tools to provide server, network, and application diagnostic monitoring of the technical infrastructure that delivers the Services.

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2.2 Client may find online support resources and FAQ’s here: https://central.smarsh.com. With the exception of Severity Level 1 issues, Client must report issues regarding availability or performance of the Services by submitting a support case at https://central.smarsh.com. Support requests must include a detailed description of the error or request, including the operating conditions that gave rise to the error. The individual reporting a support incident will receive an auto-reply notification via email to confirm receipt of a Support request, along with a case number for reference. Client may also submit a support request by phone at 866- SMARSH-1. Smarsh standard phone support is available Monday through Friday between the hours of 7 am and 12 am Eastern (excluding United States Federal Holidays). Off-hours phone support is available 24 hours per day, 365 days per year for Severity Level 1 or 2 issues. All Severity Level 1 issues must be reported by phone. Smarsh may limit the right to submit support requests to a single or maximum number of Authorized Users.

2.3 Upon receiving a support request, Smarsh will use commercially reasonable efforts to respond to Client’s request within the mean response time indicated below for the corresponding severity level and address and/or fix errors to the Services reported by Client that are within the control of Smarsh, based on the following resolution process:

Severity Description Mean Response Time Resolution Process Level

1 Issue impacts multiple users: Service is 15 minutes Smarsh will investigate the down, or major functionality is (Client must call by phone) issue and will work unavailable or materiallyIn impacted by Process continuously until error is performance issues, and no fixed or temporary workaround is available. workaround is implemented.

2 Issue impacts multiple users: 1 hour Smarsh will investigate the important features are unavailable or issue and will work degraded, or multiple users are continuously until error is degraded, and no sustainable fixed or temporary workaround is available. workaround is Or implemented. The issue impacts a single user, major

functionality is unavailable or materially impacted by performance issues, and no workaround is available. 3 Issue impacts multiple or single users: 4 hours (during business Smarsh will work during important features are unavailable but hours) normal business hours to workaround is available, investigate the issue and Or implement a fix or intermittent disruption of Services. workaround. 4 A minor feature is unavailable, 1 Business Day Smarsh will work to Or provide fix in next maintenance release or there is a minor performance impact respond to the routine Or maintenance request. the Client makes a routine request (e.g. add user, password reset).

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2.4 To the extent reasonably possible, Smarsh will refrain from performing maintenance during Smarsh’s normal business hours so as to minimize any interference with or disruption of the Services. Smarsh provides maintenance notifications and reminders, and Client may subscribe to such notifications and reminders, at https://status.smarsh.com/. Smarsh’s normal maintenance windows are:

• Mon-Thurs between 9PM-11:59PM Eastern

• Mon-Fri between 12AM-5AM Eastern

• Friday after 6PM Eastern

• Weekends anytime

2.5 Smarsh agrees to provide Client with 48 hours’ prior notice via https://status.smarsh.com/ if Smarsh must perform maintenance outside the normal maintenance windows, or if Smarsh must suspend the Services outside normal maintenance hours to perform necessary maintenance. In Process 2.6 Premium support services may be purchased by Client as a Professional Service

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Exhibit A - SCHEDULE 2 SERVICE SPECIFIC TERMS - Connected Capture

These Service Specific Terms – Connected Capture apply only to Client ‘s purchase and use of Connected Capture products. Unless expressly stated otherwise, capitalized terms contained in these Service Specific Terms have the meaning given them in the Smarsh Service Agreement - General Terms.

1) Descriptions. “Connected Capture” means a SaaS Service hosted by Smarsh (“Cloud Capture”) or an on-premise software product hosted on Client’s infrastructure (“Capture Server”), as applicable, that captures Client Data from T-Mobile Services and transmits it to one of the following: (i) Client’s own archive system, (ii) Client’s Connected Archive instance, or (iii) Client’s third-party archive system. To enable Connected Capture to capture Client Data, Client must purchase Connections. A “Connection” means one of the following, as applicable to the specific Channel: (a) a user account such as an email mailbox; (b) an instant message account or screen name; (c) a social media page or profile; or (d) a mobile device phone number.

2) Temporary Data Retention. Cloud Capture products will retain Client Data for a 30-day temporary retention period (“Temporary Retention Period”). Client Data will be deleted at the expiration of the Temporary Retention Period. Connected Capture is not an archive service. Smarsh expressly disclaims any responsibility or obligation imposed on third-party data storage providers by statute or by rule, regulation In or opinion of any Process governmental agency, regulatory organization or similar institution, including without limitation, the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, or any securities exchange (each a "Regulatory Agency"). Notwithstanding the provisions above, Smarsh will comply with any requests for Client Data received from a Regulatory Agency within the Temporary Retention Period, subject to the confidentiality provisions of the Smarsh Service Agreement – General Terms.

3) Client Obligations. Client is responsible for configuring its T-Mobile Services to transmit Client Data to Connected Capture. Certain Channels require Client to install software to allow Connected Capture to capture Client Data from such Channels (“Client-Side Software”). Client is responsible for the download and installation of Client-Side Software.

4) Client-Side Software Terms. If Smarsh provides Client-Side Software to Client, Smarsh grants Client a limited, non-exclusive, non-sublicensable license to download and install the applicable Client-Side Software onto Client’s end users’ computer, laptop or mobile device (as applicable), for which Client has purchased a Connection, or on Client owned or controlled servers, plus one copy for backup or archival purposes. Smarsh (including its licensors) retains all rights in and to the Client-Side Software that are not expressly granted to Client by this Section 4.

5) Datacenters. Cloud Capture products are hosted on Smarsh-managed infrastructure. Capture Server products are hosted on Client-managed infrastructure.

6) Connected Capture Server. If you purchase Capture Server products, these additional terms apply, which include amendments to the Smarsh Service Agreement – General Terms.

a) Amendments. The following terms of the Smarsh Service Agreement- General Terms do not

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apply to Capture Server products: Section 3 "Client Obligations," Section 9.1 “Performance Warranty” and any terms related to data privacy, data security, business continuity, the GDPR or any other data protection laws. For the avoidance of doubt, the amendments contained in this Section 6 do not apply to Client’s use of the Smarsh Archiving Platform, any Connected Archive product, or Capture Cloud products.

b) Activation. Unless Client purchases a separate Professional Services package of installation and configuration services for Capture Server products from Smarsh, Client must perform the installation of Capture Server products on Client servers without assistance from Smarsh. The Activation Date for Capture Server products is the date that the Software is delivered to Client pursuant to the Software Performance Warranty below. Client accepts Capture Server products on the Activation Date. If Client purchases a Professional Services package of installation and configuration services for Capture Server products, Smarsh will assist Client with the installation and configuration of such Capture Server products in accordance with the applicable statement of work for such Professional Services package. The Fees for the Professional Services package depend on the Capture Server licenses purchased and will be specified in the applicable statement of work. In addition, Client will pay the expenses reasonably incurred by Smarsh in the performance of such Professional Services.

c) License Grant. Subject to Client’s compliance with the terms of this Agreement and payment of applicable fees, Smarsh grants to Client a non-exclusive, non-transferable, non-sublicensable license during the Term to download, install, make one backup copy of the Capture Server product, and use the object code form of the Capture Server product together with its documentation, Insolely for Client's businessProcess purposes up to the number of licenses specified in the order document. Capture Server products may be delivered with, or link to, programs that are copyrighted and made available under one or more open source or public licenses that permit copying, modification and redistribution of its source code (“Open Source Software”). Open Source Software is separate and distinct from the Capture Server product and is made available pursuant to the terms of its applicable license. Smarsh and its licensors retain ownership of all right, title, and interest in and to Capture Server products. Except as expressly set forth in this Section 6(c), no rights or licenses are granted to Client. Client shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Capture Server products. Client shall not (i) modify, translate, or create derivative works of, copy (except for one archival or back-up copy), or transfer to a third party any rights in the Capture Server products. Client shall not remove, deface, or obscure any copyright, trademark, or other proprietary notice contained on or in the Software.

d) Records and Audits. Client will maintain accurate records necessary to prove compliance with the terms of the license, including the number of users of the Capture Server products. Upon Smarsh’s reasonable written request, Client will provide Smarsh with information necessary to verify such compliance. If Client discovers that it has exceeded the number of licenses or Connections that it has purchased, Client will immediately notify Smarsh and pay the associated Fees for such additional licenses and Connections to T-Mobile. Upon 7 days’ prior written notice, Smarsh may conduct an audit of Client’s relevant records and facilities to verify Client’s compliance with this Section 6(d). Such audits will be at Smarsh’s expense, unless the audit reveals that Client has underreported licenses or Connections by more than 10% during any audit period, in which case Client will bear the reasonable costs of such audit. If an audit reveals any underpayment, Client will promptly pay any amount due.

e) Maintenance and Support. Smarsh provides maintenance and support services for Capture Server products in accordance with the applicable Maintenance and Support Policy located at

Smarsh Exhibit A Schedule 2 Service Specific Terms – Connected Capture Page | 2

DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

https://www.smarsh.com/legal/CaptureServerSupport (“Maintenance and Support”). Maintenance and Support services begin upon the Activation Date and expire upon termination of the Agreement.

f) Performance. Client is responsible for the supervision, management, and control of its affiliates’ and end users’ use of Capture Server products, and for the provision and proper maintenance of the hardware and any supporting software (such as operating-system updates and virus- protection software). Capture Server products may contain automated tracking features to verify Client’s use is within the terms of the license. Client will not hinder, impede, alter or prevent the automated tracking features. Smarsh will deliver the Capture Server products to Client in a good and workmanlike manner in accordance with generally accepted industry standards (“Software Performance Warranty”). The foregoing warranty will expire 30 days after Smarsh’s delivery of the Capture Server product. In the event of a breach of the Software Performance Warranty, Smarsh will repair the Capture Server product so that it meets the foregoing Software Performance Warranty or provide Client with a replacement. The foregoing remedy represents Client’s sole and exclusive remedy for any damage, loss, or claim arising out of the Capture Server products. Smarsh makes no other representation or warranty with respect to the Capture Server products. OTHER THAN THE SOFTWARE PERFORMANCE WARRANTY, THE CAPTURE SERVER PRODUCTS ARE PROVIDED “AS IS.” THE WARRANTY CONTAINED IN THIS SECTION 6(f), AND THE OBLIGATION TO PROVIDE SUPPORT, DO NOT APPLY TO ANY SOFTWARE THAT IS NOT PROVIDED BY SMARSH OR THAT IS LICENSED TO CLIENT DIRECTLY FROM THE APPLICABLE SOFTWARE PROVIDER. IF CLIENT LICENSES SOFTWARE DIRECTLY FROM THE LICENSOR OF SUCH SOFTWARE, CLIENT MUST CONTACT THE LICENSOR’S SUPPORT FOR ANY ISSUES RELATED TO SUCHIn SOFTWARE. Process

g) Additional Limitation of Liability. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 11 OF THE OF THE SMARSH SERVICE AGREEMENT – GENERAL TERMS, SMARSH EXPRESSLY DISCLAIMS LIABILITY FOR (A) CHANGES OR MODIFICATIONS MADE TO CAPTURE SERVER PRODUCTS BY ANYONE OTHER THAN SMARSH; OR (B) ANY CHANGES, MODIFICATIONS, COMBINATIONS WITH OTHER SOFTWARE APPLICATIONS OR EQUIPMENT, CONDITIONS, OR ISSUES ON, OR ARISING FROM, CLIENT’S SYSTEMS, SERVERS, OR NETWORKS, OR THE INTERNET, THAT AFFECT THE USE OR OPERATION OF CAPTURE SERVER.

Smarsh Exhibit A Schedule 2 Service Specific Terms – Connected Capture Page | 3

DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

EXHIBIT B INFORMATION SECURITY

Overview Smarsh will implement a written information security program that maintains administrative, technical, and physical safeguards, designed to:

• ensure the security and confidentiality of all Client Confidential Information that is processed, stored, or controlled by Smarsh; • protect against anticipated threats or hazards to the security or integrity of such Confidential Information; • prevent unauthorized access to or use of such Confidential Information; and • ensure the secure disposal of such Confidential Information in compliance with applicable National Institute of Standards and Technology (NIST) standards.

Smarsh will use reasonable efforts to ensure its written information security program and administrative, technical, and physical safeguards align with accepted industry practices [such asIn applicable securityProcess standards published by International Organization for Standardization (ISO) or NIST], and comply with applicable data protection and privacy laws, as well as the terms and conditions of the Agreement, including those contained in this Exhibit B. Smarsh will designate a security manager to oversee its information security program and ensure its compliance with this Exhibit B.

1. Personnel Security 1.1. Screening. Smarsh will perform criminal background checks on all Smarsh employees prior to commencement of employment. Smarsh shall not allow any employee to perform services for Client or to access Client Data if such background checks reveal such individual was convicted of a crime involving any type of theft, fraud, bribery, other dishonest acts or the violation of any securities law. 1.2. Training. Smarsh will provide annual security awareness training to all Smarsh employees and contractors and will require Subcontractors to provide such training for their employees. Smarsh will provide additional role-based security training for Smarsh employees and contractors with access to Client Data or the applications that process and store Client Data. 1.3. Revocation. Smarsh will revoke physical and logical access for each Smarsh employee within 24 hours of such employee’s termination of employment.

Smarsh Exhibit B Information Security Page | 1 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

2. Facilities & Systems Security 2.1. Facilities Access. Smarsh will employ physical security procedures to ensure that only authorized individuals and guests have access to corporate facilities. Such procedures will include the use of CCTV, cardkey access, processes to log and monitor visitors, and use of receptionists or security guards. Smarsh will maintain surveillance records for at least ninety (90) days. 2.2. Systems Access. Smarsh will follow the principle of “least privilege” when granting access to Smarsh systems. Strong passwords will be used across all Smarsh systems and will meet the following minimum requirements: (i) at least 8 characters; (ii) composed of at least one lower case and one upper case letter and at least one special character or number; and (iii) not contain repetitive or sequential characters or context-specific words. Smarsh will utilize two-factor authentication when feasible. Smarsh’s information security policies will prohibit Smarsh employees from sharing, writing down, emailing, IM’ing or storing passwords unencrypted on any Smarsh system (including desktops). All passwords will be rotated at least four times per year or upon the departureIn of any Smarsh Processemployee. 3. Product Security

3.1. Smarsh will leverage a “security by design” approach and will utilize a software development life cycle that follows best practices defined by NIST and the OWASP software assurance maturity model.

3.2. Smarsh will proactively ensure the security of its applications and environment by leveraging a “software by design” approach. Smarsh will, in accordance with industry accepted benchmarks such as those published by the Center for Internet Security (or equivalent), security-harden all network devices and servers that will host or process Client Data and code or web applications that are under Smarsh control. Smarsh will perform both static and dynamic automated web application security code analysis. on all code prior to deployment in a production environment and correct security flaws discovered by source code analyses prior to deployment. Smarsh will monitor the Services and Smarsh networks, servers, and applications for potential security vulnerabilities. Smarsh will promptly respond to any identified vulnerabilities and assess criticality to resolve, or implement compensating controls for, such identified vulnerabilities within a reasonable amount of time, taking into account the risks posed by each such vulnerability.

3.3. Smarsh will employ then-current industry-standard measures to test the Services for (a) ‘back door,’ ‘time bomb,’ ‘Trojan Horse,’ ‘worm,’ ‘drop dead device,’ ‘virus’, ‘spyware’ or ‘malware;’ or (b) any computer code or software Smarsh Exhibit B Information Security Page | 2 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

routine that disables, damages, erases, disrupts or impairs the normal operation of the Services or any component thereof.

3.4. Smarsh QA and test networks and environments will be physically or logically separated from production networks and environments and will not be globally accessible to anyone on the internet. Administrative passwords across QA and test environments will be different than those used in production environments.

3.5. Smarsh will enforce a formal change management process which will include tracking and approving all product changes. Any such changes will be internally reviewed and tested within a staging environment before such changes are finalized and deployed.

3.6. Smarsh will not use Client Data for testing purposes.

4. Data Center Security

4.1. Data Center Access. Smarsh will employ physical security procedures and controls to ensureIn that only authorizedProcess individuals have access to Smarsh data centers.

4.2. Physical Security. Smarsh will employ data center security measures that align with the AICPA trust principles for physical security and will, at a minimum, secure Smarsh data centers using: floor-to-ceiling walls, dual-factor authentication for data center access, 24/7 security monitoring, alarmed exits, and onsite security personnel.

4.3. Data Center Locations. Smarsh primary and disaster recovery data centers will be located in geographically diverse locations to enhance security, availability, and resiliency.

5. Secure Configuration

Smarsh will use the Center for Internet Security (CIS) benchmarks for its secure baseline configurations. Smarsh will use secure configuration management tools to alert of changes to baseline configurations.

6. Data Management 6.1. Segregation. Client Data will be logically segregated from the data of other Smarsh clients.

6.2. Encryption. Smarsh will encrypt Client Data in transit and at rest using encryption techniques that comply with security industry standards published

Smarsh Exhibit B Information Security Page | 3 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

by NIST.

6.3. Back-ups. Smarsh leverages data replication across multiple geographically- dispersed data centers as well as a local backup data center.

6.4. Media Destruction. Smarsh will ensure removal of all data from any media taken out of service and destroy or securely erase such media to make it unreadable, undecipherable, and unrecoverable by any means in compliance with applicable NIST standards.

6.5. Removable media. Smarsh will not allow its employees to store Client Data on any portable removable media (such as USB mass storage, external hard drives, and CD/DVDs); provided, however, that if storage on removable media is required to support the services (such as for client-requested data exports) provided under the Agreement, portable removable media must be encrypted as described above in Section 4.2.

7. Vulnerability Management

7.1. Smarsh will deploy vulnerability scanning mechanisms in its information systems andIn on hosted applicationsProcess and will configure such mechanisms to conduct scans on Smarsh operating systems and infrastructure, web applications, and databases not less frequently than monthly. Smarsh will analyze and assess all scan reports.

7.2. Smarsh will undergo annual penetration testing and will conduct quarterly security audits to identify potential vulnerabilities in the infrastructure used to provide the Services. Smarsh will patch, or apply updates to, all infrastructure components in a timely manner in accordance with the NIST 800-53 vulnerability remediation guidelines for critical or high-risk vulnerabilities. Smarsh will implement a software/firmware patching program that includes a patch management process.

8. Application Performance and Security

Smarsh will use industry-standard technology and tools to monitor the uptime status of its hosted applications and send alerts when any warning conditions need to be reviewed. Smarsh will use industry-standard firewalls, IDS/IPS technology, and malware detection on its networks and hosted applications and will harden its device configurations. Smarsh will require the use of VPN for access to its secure networks.

9. Business Resiliency and Incident Response 9.1. Incident Response. Smarsh’s information security program will include written

Smarsh Exhibit B Information Security Page | 4 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

incident response policies and procedures to define roles and responsibilities in the event that there is any actual, or reasonably suspected, unauthorized access to Smarsh facilities or Smarsh systems (“Security Incident”). Such policies and procedures will include processes to ensure that (i) server logs are maintained; (ii) all Security Incidents (defined below) are appropriately logged; (iii) all such server logs are retained for at least ninety (90) days; (iv) all such Security Incident logs are retained for at least three (3) years; and (v) all such logs are appropriately protected to ensure the integrity of such log. Smarsh will immediately implement such procedures immediately upon becoming aware of a Security Incident. 9.2. Client Data Incident. Upon becoming aware of any unauthorized third-party access to, or disclosure of, Client Data (“Client Data Incident”), Smarsh will: (i) immediately investigate, and take reasonable measures to remediate, the cause of such Client Data Incident, and (ii) promptly, but no later than forty- eight (48) hours after discovery, notify Client of such Client Data Incident.

9.3. Business Continuity/Disaster Recovery. Smarsh will maintain a Business Continuity and Disaster Recovery Plan (“BCP”) for the Services and implement the Plan in theIn event of a disaster,Process as defined in the BCP. The BCP will include disaster avoidance procedures which are designed to safeguard Client Data and Smarsh’s data processing capabilities in the event of a disaster as defined in the BCP. Smarsh will make a copy of the BCP available in its Security Packet. Smarsh will test the BCP on at least an annual basis.

10. Annual Security Reviews 10.1. Smarsh will undergo an annual independent third-party SSAE 16 SOC 2 Type II (or its equivalent or successor) assessment of its information security program and its administrative, technical, and physical safeguards for all facilities used to deliver the Services. Such assessment will include, at a minimum, a network-level vulnerability assessment based on recognized industry practices. 10.2. Smarsh will use reasonable efforts to remediate, or implement compensating controls for, all issues identified in such assessment based on level of criticality and risk. 10.3. Smarsh will include an executive summary of the results of such assessment in the Security Packet available to Client via login at https://central.smarsh.com/s/.

11. Vendor and Third-Party Security 11.1. Risk Assessments. Smarsh will conduct an initial risk review and verification before engaging third-party vendors or subcontracting any of the Services. Smarsh Exhibit B Information Security Page | 5 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

Thereafter, Smarsh will conduct annual risk reviews of such third-party vendors and subcontractors. 11.2. Subcontractors. A list of Smarsh subcontractors is available at https://www.smarsh.com/legal/subprocessors. Smarsh will provide prior notice to Client and allow time for Client to object before Smarsh engages any new subcontractors who will have access to or process Client Data. If Smarsh uses subcontractors to perform any of the Services, Smarsh will (a) enter into a written agreement with each such subcontractor that imposes obligations on the subcontractor that are at least as restrictive as those imposed on or required of Smarsh under the applicable provisions of the Agreement; (b) not be relieved of any of its obligations under this Agreement; and (c) remain liable and responsible for the performance or non- performance of such subcontractor.

12. Client Security Assessments 12.1. Security Documentation. To facilitate Client’s risk-based assessment of Smarsh’s information security program and administrative, technical, and physical safeguardsIn applicable Process to Client’s Confidential Information, Smarsh will make its Security Packet available to Client via https://central.smarsh.com/s/. The Security Packet includes, among other documentation, Smarsh’s completed industry-standard information gathering questionnaire (“SIG”) and Smarsh’s annual independent SSAE 16 SOC 2 Type II report. If Client requests that Smarsh complete Client’s security or other questionnaire(s) in lieu of, or in addition to, the Security Packet, Client must execute an order document and pay a professional services fee based on the size and scope of such questionnaire(s). 12.2. On-site Assessments. Where sufficient to allow Client to complete its risk- based assessment of Smarsh’s information security program and administrative, technical, and physical safeguards applicable to Client’s Confidential Information, Client shall refer to Smarsh’s Security Packet. If Client desires to complete an on-site assessment, Client may conduct no more than one on-site assessment in a 12-month period, all such requests must be received by Smarsh at least 30 days prior to the requested assessment date, all such on-site assessments must be conducted during Smarsh’s normal business hours, and Client shall bear all costs associated with such on-site assessment. Smarsh will scope the work required to facilitate such assessment and provide Client with a quote for the professional services fees associated with such on-site assessment. If Client desires to proceed with such on-site assessment, Client must execute an order document or statement of work for such on-site assessment and provide Smarsh with its proposed list of attendees. Smarsh will invoice Client Smarsh Exhibit B Information Security Page | 6 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

for such on-site assessment, and Client shall pay the associated fees within 30-days of the invoice date.

13. Export Controls Smarsh will comply with the export laws and regulations of the United States and other applicable jurisdictions when providing the Services. Smarsh will neither conduct business with nor allow access to its information systems by (a) any person on a government promulgated export restriction list; (b) any U.S.- embargoed countries; or (c) any organization or company on the U.S. Commerce Department’s “Denied Parties List.”

In Process

Smarsh Exhibit B Information Security Page | 7 DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

EXHIBIT C Acceptable Use Policy August 9, 2019

This Acceptable Use Policy (“AUP”) describes the proper use of the services contracted for by a Smarsh client (“Client”) under a separate Agreement for services referencing this AUP (“Agreement” and the services purchased thereunder “Services”). This AUP is incorporated by reference into the Agreement.

Smarsh may suspend or terminate Client’s use of the Services, or the Agreement, if Client or any of Client’s users violate this AUP. Client is solely responsible for the data, content, messages, or other information that Client transmits, archives, distributes, displays, uploads or downloads via the Services.

Prohibited Activities

Client shall not use the Services to:

(a) commit a crime, violate any rights of a person or entity (including intellectual property rights), or violate any local, state, national, or international law, rule or regulation, as applicable. (b) impersonate a person or entity or to otherwise misrepresent any affiliation with a person or entity; (c) to commit fraud or make fraudulent offers or advertisements (i.e., make money fast schemes, chain letters, pyramid schemes); (d) transmit harmful or potentially harmful code, including viruses, Trojan horses, worms, time bombs or any other computer programming routines that could damage, interfere with, surreptitiously intercept,In or expropriate Process any system, program, data or personal information; (e) to transmit bank, credit card or debit card numbers or other card numbers, or other financial account information such as cardholder name, expiration date, PIN or PIN blocks, service code, or track data from a magnetic strip or chip. (f) create a false identity or forged email address or header, or phone number, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message or phone call; (g) harvest data; (h) act in a way that will subject Smarsh to any third-party liability; or (i) violate T-Mobile Services Terms of Use. Client shall not (a) reverse engineer any Service; (b) attempt to bypass or break any security mechanism on any of the Services or use the Services in a manner that poses a security or service risk to Smarsh or other users.

Laws Specific to Communications

Clients shall comply with all laws that apply to communications, including wiretapping laws, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, CAN-SPAM Act of 2003 and any other laws or regulations applicable to communications, including any third party policies such as the applicable guidelines published by the Cellular Telecommunications Industry Association, the Mobile Marketing Association.

Interference with Services is Prohibited

Client shall not engage in, or attempt to engage in:

(a) unauthorized access to or use of the Services, data, or the networks or systems, including an attempt to probe, scan or overload a Smarsh system or the Services, or to breach security or authentication measures without express authorization; (b) unauthorized monitoring of data or traffic on a system without express authorization; (c) deliberate attempts to overload a system and broadcast attacks; (d) an action that imposes an unreasonable or disproportionately large load on Smarsh’s infrastructure;

Exhibit C – Acceptable Use Policy Page 8

DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

(e) performance of a program/script/command or sending messages of any kind that are designed to interfere with a user's terminal session, by any means, including locally or by the Internet; (f) the use of manual or electronic means to avoid any use limitations placed on the Services, such as timing out; or (g) any other activity that could be reasonably interpreted as unauthorized access to or interference with the Services.

Updates

Smarsh may revise and update this AUP from time to time.

Current Version of AUP: Version 5, Effective August 9, 2019

In Process

Exhibit C – Acceptable Use Policy Page 9

DocuSign Envelope ID: 2482ADD0-EBD9-4136-A47E-B582E7D34C79

Attachment B PRICING Government M2M Plans Data Overage Price/line/month Smarsh Services $5.00 N/A

In Process

T-Mobile Attachment B Pricing Page 1 | Meetings are held the 2nd Pacific County 4th Tuesday of each Board of Commissioners/Local Board of Health |and month, : beginning at 9 a.m P O * Box 187 1216 W Robert Bush Drive | South Bend, WA 98586 MEETING DATE: Phone 360/875.9337 * Fax 360/875.9335

| August 10, 2021 AGENDA REQUEST FORM | TO BE COMPLETED BY CLERK OF THE BOARD/DEPUTY CLERK OF THE BOARD fe 21 ACTION: [] Approved/Confirmed [] Denied Agenda Item # [] Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [1] Deferred/Continued to meeting of time DISTRIBUTION LIST: [JRF [cr [sea oTHER []Assr []aup [cs [Jceere [pcp [1 ppw [EMA [I rAR [HLTH (lrir [suv [InDC [1paccom [pros [spc [1pcso [JsuprcT [JTRSR [1vEG [lwsu [1367¢ AGENDA ITEM REQUEST Attach all required documentation

Department/Office General Administration Date August 5, 2021

Paul T. & Fiscal Name & Title Plakinger, Management Analyst Signature Po NARRATIVE OF REQUEST:

Please consider adopting the attached resolution in the matter of supplements/amendments to the Fiscal Year 2021 Pacific County Budget.

This will be amendment number three to the FY 2021 budget.

RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

I move to adopt Resolution No. 2021-______in the matter of supplement/amendment number three to the Fiscal Year 2021 budget

Resolution No. 2019-043 Page 1 Agenda Request Form BEFORE THE BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON

RESOLUTION NO. 2021-______

IN THE MATTER OF SUPPLEMENT/AMENDMENT NUMBER THREE TO THE FISCAL YEAR 2021 BUDGET

WHEREAS, it has been brought to the attention of the Board of Pacific County Commissioners that funds have become available, and a need exists to allow for the expenditures of un-appropriated funds in order to meet additional costs; and

WHEREAS, it appears that the expenditure of such funds could not have been reasonably foreseen at the time of adoption of the fiscal year 2021 budget; and,

WHEREAS, all members have had reasonable notice of the time, place and purpose of this meeting; and,

WHEREAS, sufficient and legal notice of the meeting and the intent to adopt said amended budget(s) was given; and,

WHEREAS, all persons present were given an opportunity to express themselves for or against said action;

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Pacific County Commissioners that the supplements/amendments to the fiscal year 2021 Pacific County budget be allowed and fixed as listed in Attachment A, all without further hearing or action.

PASSED by the following vote this 10th day of August, 2021 by the Board of Pacific County Commissioners meeting in regular session at South Bend, Washington, then signed by its membership and attested to by its Clerk in authorization of such passage:

______YEA; ______NAY; ______ABSTAIN; and ______ABSENT.

BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON

______Lisa Olsen, Chair

______ATTEST: Frank Wolfe, Commissioner

______Marie Guernsey, Clerk of the Board Mike Runyon, Commissioner

Page 1 of 2 Page 2 of 2 Board of County Commissioners Pacific County, Washington Resolution No. 2021-______

ATTACHMENT A

Amendments to Expenditures/Revenues Expenses Revenues Fund #118 (Health): salary for new position (6 months) $25,000 $25,000 Fund #118 (Health): benefits for new position (6 months) $12,000 $12,000 Fund #132 (Special Investigative): salary for new position (6 months) $45,000 - Fund #132 (Special Investigative): benefits for new position (6 months) $20,000 - Fund #132 (Special Investigative): misc. revenue - $170,000

Amendments to Full-Time Equivalents (FTE) Fund #118 (Health): new union position +1.00 Fund #132 (Special Investigative): new union position +1.00

Meetings held the 2nd N are pacific county and 4th Tuesday of each oard of Commissioners/Local BoardsBoard of HealtHlth month, b Po BL 9 P O Box 187 * 1216 W RobertssBush Drive ERNE PLa.m. South Bend, WA 98586 REQUESTED MEETING DATE: Phone 360/875.9337/ * Fax 360/875.9335/ 7/27/2021 AGENDA REQUEST FORM PLETED| THE B( Cl ACTION: [] Approved/Confirmed [] Denied Agenda Item # 22 [] Subject to adequate budget appropriations Initial Date [] No action taken/withdrawn [] Tracking [J Deferred/Continued to meeting of time DISTRIBUTION LIsT: [JRF [cr [JSEA OTHER [J Assr [J Aup [cs [JcLerk [pep [J ppw LlEmA [FAR (HLTH Clr [1suv [NDC [Jpaccom [pros [spc [Iprcso [Jsuprct [JTRSR [JvEG [Jwsu [1367¢ AGENDA ITEM REQUEST Attach all required documentation

Department/Office HEALTH Date //16/2021 BRIANNE Brianne Digitally signed by Brianne Probasco Name & Title PROBASCO Signature Probasco oot me iiaas aed NARRATIVE OF REQUEST: The health department is seeking approval to hire a Human Services Program Specialist (see accompanying request to hire form).

This position will coordinate and complete deliverables related to our Children and Youth With Special Health Care Needs, Access to Baby and Child Dentistry, early learning, and community forum programs.

The health department anticipates that this position will be filled internally by promotion.

RECOMMENDED MOTION [To be completed by Clerk of the Board/Deputy Clerk of the Board]

I move to approve request to post, advertise and hire Human Services Program Specialist, Local 367C Grade 13, subject to adequate budget appropriations

Resolution No. 2019-043 Page 1 Agenda Request Form