HomeMy WebLinkAbout2025/06/02 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
June 2, 2025
In the spirit of public information and inclusion, the attached is a draft of information for
Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion, and is not all inclusive of
what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted
via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th Street, Shelton, WA
98584; or phone at (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via
telephone, please provide your telephone number to the Commissioners’ office no later than 4 :00 p.m. the
Friday before the meeting. If special accommodations are needed, contact the Commissioners' office at
Shelton (360) 427-9670 ext. 419
Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent
version.
Last printed 05/30/25 at 9:45 AM
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of June 2, 2025
Monday
Noon WA State Association of Counties Zoom Meeting*
Virtual Assembly
*This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may
attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings.
Monday, June 2, 2025
Zoom link available on the Mason County website
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
10:00 A.M. Planning Advisory Commission Interviews
10:20 A.M. Community Development – Kell Rowen
10:40 A.M. Public Health – David Windom
11:15 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
11:30 A.M. Central Services – Jennifer Beierle
Commissioner Discussion – as needed
Mason County Community Development
Briefing
June 2, 2025
Briefing Items
→ County Code 5.18 Temporary Outdoor Public Events (TOPE) – Kell Rowen
→ Open Permit Planning position – Kell Rowen
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Kell Rowen Ext: 286
Department: Community Development Briefing: ☐
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): May 19, 2025 and June 2, 2025 Agenda Date(s): May 27, 2025 and June 10, 2025
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☒ Other
Building, Planning, EH, Sheriff’s Office, Public Works, Fire Marshal, Code Enforcement
Item: Amending Mason County Code Title 5, Chapter 5.18 Temporary Outdoor Public Events (TOPE)
Background/Executive Summary: In 2009, the Board of County Commissioners adopted an ordinance
amending Title 5, Chapter 5.18 including changing the title from Music Festivals to Temporary Outdoor
Public Event (TOPE). These new amendments attempt to clarify the regulatory framework with an
increased emphasis on public safety, interagency review and constitutional protections while adapting to
smaller-scale events that may still have significant community impact.
Although the Department of Community Development (DCD) is bringing this draft amendment forward,
it represents a collaborative effort among multiple county departments. Representatives from Public
Works, the Sheriff's Office, and Environmental Health worked alongside staff from Planning, Building,
the Fire Marshal, and Code Enforcement to develop a more comprehensive and practical update to Mason
County Code Chapter 5.18.
Budget Impact (amount, funding source, budget amendment, etc.): None
Public Outreach: Website, Shelton-Mason County Journal, direct outreach to known venue operators.
Requested Action: Set a public hearing for July 8, 2025 to take public testimony and consider the
amendments. Deliberation and vote to take place on July 22, 2025.
Attachment(s): Revised Draft TOPE amendments to Title 5, Chapter 5.18; Comparison table (2009 vs
2025), NOH
Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT*
Mason County, Washington, Code of Ordinances Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 1 of 7
Chapter 5.18 TEMPORARY OUTDOOR PUBLIC EVENT*
Sections:
5.18.010 Definition.
"Temporary Outdoor Public Event" shall be any temporary activity lasting more than four contiguous hours
that is not designed or intended to be a permanent use of a structure(s) or the land it occupies. Such events are
open to the public with or without a fee for a specified period/duration of time that is prearranged with and
permitted by Mason County and will attract and accommodate the following number of250 people at any given
time, or 50 people at any given time when located in a residential zone.
• Five thousand or more for events occurring with the Urban Growth Areas
• Three thousand or more for event occurring outside the Urban Growth Areas
Such events can include, but are not limited to, presentations of outdoor, live or recorded musical
entertainment or other large event which the applicant or Director of Community Development, or designee,
believes or has reason to believe will attract numbers of people as described above. Events for any number of
people which are not advertised as open to the public with or without a fee or events which are authorized by
public schools or governmental entities held on public lands shall not be classified as Temporary Outdoor Public
Events and shall not be subject to the standards set forth in this code section. Examples of events that are exempt
shall include, but not be limited to, the following:
(a) Events protected by the First and Fourth amendments of the United States Constitution, such as
gatherings intended primarily for the free expression of political or religious ideas.
(ab) Family reunions/picnics;
(bc) Weddings, Birthdays, Anniversaries, Funerals;
(cd) Events held on school grounds;
(de) Business or Corporate Retreats;
(ef) Organized religious events located at an established religious facility;
(fg) Events, uses or activities which have been authorized through an approved discretionary land use
permit; or which are conducted in a public park or on public lands1 with approval of the local governing
agencies;
(g) Events subject to the exemptions of subsection 5.18.060(c).
(Ord. No. 61-09, Att. A, 7-7-2009)
1 Public lands as defined herein shall be those properties owned and/or operated by government agencies
including state, county, municipal, township, district, or other governmental unit.
5.18.020 Basic clause.
It shall be unlawful for any person, persons, corporation, organization, landowner, or lessor to allow,
encourage, organize, conduct, permit or cause to be advertised a temporary outdoor public event ("Event") unless
Formatted: Left
Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 2 of 7
a valid county permit has been obtained for the operation of said Event. One such permit shall be required for
each event as defined in Section 5.18.010. Criminal or civil liability for failure to comply with the provisions of this
chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for
obtaining permits under this provision.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.030 Event location and duration limitations.
(a) Temporary Outdoor Public Events shall be allowed, upon approved application, within all Mason County
urban growth areas and any rural residential districts outside the urban growth areas. The approval of an
event permit provides for a temporary use of that property not otherwise allowed. All other regulations,
aside from the approved event, shall remain in effect.
(b) Location: No temporary outdoor public event shall be operated in a location that is closer than three
hundred feet from any schoolhouse, church, house, residence or other human habitation. Variation from this
requirement will be at the discretion of the permitting authority and evaluated on an individual basis.
Applicants may seek written permission or waivers from property owners within three hundred feet of an
event to submit when requesting a variation from this requirement. Events over 2,000 attendees must meet
the proximity standards of RCW 70.108.100.
(cb) Events within these areas shall be limited to fourteen cumulative days on any individual property within a
twelve-month period. It is at the applicant's discretion as to how the days are utilized throughout the twelve-
month period.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.040 Permit required; fee regulation.
No temporary outdoor public event may be held in Mason County outside the limits of the incorporated
cities unless the person or persons sponsoring said event shall first obtain a permit as hereinafter provided and
shall comply with all regulations herein provided and that the fee for the temporary outdoor public event permit
to meet the cost of administering the same shall be three hundred fifty dollars or two hundred fifty dollarsas
indicated in the fee schedule for each reviewing department for each event.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.050 Age of applicant.
No permit shall be issued to any person under eighteen years of age, or twenty-one if alcohol is to be served.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.060 Permit application; procedure.
(a) Written application for a temporary outdoor public event permit shall be made to the Permit Assistance
Center, 426 W. Cedar615 W. Alder Street, Shelton, WA 98584 and said application must be submitted sixty or
more days prior to the first day upon which said Event is to be or may be held. Approval of permits as herein
provided for shall be made within forty-five days after application therefore unless such permit shall be
denied. Denial of the permit by the Department of Community Development shall be in writing with reasons
Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 3 of 7
for the denial and shall be subject to appeal to the Hearing Examiner by action filed within ten days of the
denial.
(b) The County may require proper insurance, indemnification and hold harmless agreements, proof of
possession of any Federal, State, or locally required permits or licenses, damage deposits, deposits for
payment for cleanup, traffic control, security and other similar requirements which shall be identified in the
permit.
(c) No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First
and Fourteenth Amendments to the United States Constitution. Political or religious activity intended
primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected
event. Factors that may be considered in evaluating whether or not the fee applies include the nature of the
event; the extent of commercial activity, such as the sales of food, goods, and services; product advertising
or promotion, or other business participation in the event; the use or application of any funds raised; if part
of any annual tradition or series, previous events in the sequence; and the public perception of the event.
(d) A valid approved permit shall be posted at least ten days prior to each event and at all times during the event
in a conspicuous place where any event subject to this section is being conducted.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.070 Submission of plans for approval; approving agencies.
Whenever approval by a County government agency other than the Department of Community Development
is required, application for such approval shall be made in the same manner at the times provided when applying
for a permit for the temporary outdoor public event. When any type of physical facility is required or subject to
approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by
the applicant. All such facilities shall be subject to inspection by the approving agencies or departments. Should
the actual facility or construction fail to meet the standards approved in the proposed plans such preliminary
approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.080 Pre-application conference.
Every person, corporate or organization representative, landowner or lessor applying for a new or modified
Temporary Outdoor Public Event permit shall attend a Pre-Application Conference. The purpose of this conference
is to discuss the nature of the proposed Event, the application and permit requirements, fees, review process and
schedule, applicable plans, map, policies and regulations. In order to expedite review of the application, the county
shall invite all affected departments, agencies and/or special districts to the Pre-Application Conference. County
staff will give preliminary feedback to the potential applicant based on the level of information provided by the
applicant at the conference and will inform the applicant of issues or special requirements that may result from
the Application. The more information provided by the applicant for the pre-application conference, the more
effective the comments from staff will be on the components of the proposed Event.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.090 Conditions.
(a) Public Health Department: No permit for a temporary outdoor public event shall be granted unless the
application is accompanied by the written approval of the Mason County Health Department indicating that
the applicants for said permit have complied with the health requirements of said department. If food will
Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 4 of 7
be served on the premises, each vendor shall obtain the appropriate Food Establishment Permit according to
MCC 6.08.
1. Requirements for events with less than 2000 estimated maximum daily attendees:
a. Toilet Facilities: Approved means of sewage collection are toilets connected to an approved
public sewer, on-site septic system, large on-site septic system, or use of chemical toilets. Use of
pit privies and outhouses is prohibited. All Sewage generated at the event shall be disposed of in
accordance with MCC 6.76. The number of toilets shall be supplied according to the following
table:
Estimated Maximum Daily Attendees Required Number of Toilets
0-50 2
51-499 One for every 83 attendees
500-1999 Six for 500 attendees plus 2 for every additional
500 attendees
b. Potable water: Potable water, including that used for handwashing, must be sourced from an
approved public water system in compliance with WAC 246-290 and WAC 246-291 or bottled
water produced in accordance with WAC 16-165
2. Requirements for events with 2000 or more estimated maximum daily attendees shall comply with RCW
70.108 and WAC 246-374. Where WAC 246-374 conflicts with Mason County Code or other chapters of Title
246 WAC, the more stringent requirement shall apply.for like or similar facilities. Said approval shall indicate
the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and
washing facilities to be provided, and if there is to be food served on the premises, the type and adequacy of
food preparation and food service facilities to be provided.
(b) Public Safety Plan: No permit shall be granted unless the applicant prepares and submits a Public Safety Plan
in accordance with Chapter 4, Section 403.11of the 2021 International Fire Code or most current edition. This
plan shall provide for an appropriate level of public safety under the authority and approval of the Mason
County Fire Marshal in consultation with additional local fire districts, Mason County Sheriff’s Office, and
Public Works. The contents of this plan shall include, but are not limited to the following elements and
details:
1. Fire Protection: No permit shall be granted hereunder unless the applicant has shown that the
Mason County Fire Marshal The applicant shall demonstrate the event has approved fire protection
devices and equipment available at, or near any building, tent, stage or enclosure wherein or
whereupon persons may be expected to congregate at any time during the course of such
temporary outdoor publicthe event for which a permit is hereunder required.
2. Traffic Control/Access: A Traffic Control/Access plan shall be submitted as part of the application
package that shows the measures intended to minimize impacts to the roads and traffic. This should
include a description of the expected traffic volumes, what measures will be used for traffic flow
control, and what signs are proposed. A Road Use Permit from the Public Works Department will be
required for road closures or event parking on County roads or in the County rights-of-way. Said
plan shall not be approved until it is demonstrated to the Mason County Sheriff's Office that
adequate traffic control and crowd protection policing have been contracted for or otherwise
provided by the applicant. Should the event location impact a state route, the appropriate state
agencies shall be involved in any traffic control and police protection plans.
Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 5 of 7
3. Parking: A parking plan which includes a scale drawing shall be provided showing adequate off-
street parking facilities are available adjacent to the location for which the permit is requested.
Adequate ingress and egress shall be provided from such parking area to facilitate the movement of
any vehicle at any time to or from the parking area. If buses are to be used to transport people to
the event, it shall be shown that public parking or parking as described above is available at any site
buses depart for the event venue. Traffic resulting from any temporary activity shall not adversely
affect surrounding properties or adjoining rights of way. Any determination of adverse effects shall
be made by the Director of Public Works.
4. Crowd Managers: No fewer than two trained Crowd Managers, and not fewer than one trained
Crowd Manager for each 250 persons or portion thereof shall be provided for the event. The duties
of Crowd Managers shall include but not be limited to: identifying, posting and maintaining egress
routes, mitigation of any fire hazards, verifying compliance with permit conditions, directing and
assisting with the evacuation of attendees in an emergency, assist emergency response personnel as
requested and any other duties as directed by the Fire Marshal or identified in the Public Safety
Plan. The training and qualifications of Crowd Managers shall be approved by the Fire Marshal or
his/her designee.
(c) Traffic Control - Police Protection: No permit shall be granted hereunder unless it shall be approved by the
Mason County Sheriff's Department that adequate traffic control and crowd protection policing have been
contracted for or otherwise provided by the applicant. Should the event location impact a state route, the
appropriate state agencies shall be involved in any traffic control and police protection plans.
(d) Parking: Application for a permit under this title shall be accompanied by a scale drawing showing adequate
off street parking facilities having been available adjacent to the location for which the permit is requested.
Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any
vehicle at any time to or from the parking area. PROVIDED, that should buses be used to transport persons to
the entertainment, amusement or assembly, it shall be shown that public park ing or parking as described
above is available at any site from which buses are scheduled to transport persons to an event regulated by
this Chapter. Traffic resulting from any temporary activity shall not adversely affect surrounding properties
or adjoining rights of way. The Director of Public Works shall make any determination of adverse affects.
(ec) Inspection: No permit shall be granted hereunder unless the applicant shall in writing upon the application
for such a permit consent to allow the law enforcement and public health and fire control officers of the
county come upon the premises for which the permit has been granted for the purpose of inspection and
enforcement of the terms and conditions under which the permit is granted.
(f) Location: No temporary outdoor public event shall be operated in a location that is closer than two hundred
fifty feet from any schoolhouse, church, house, residence or other human habitation. Variation from this
requirement will be at the discretion of the permitting authority and evaluated on an individual basis.
Applicants may seek written permission or waivers from property owners within 250 feet of an event to
submit when requesting a variation from this requirement.
(g) Traffic/Access Plan: A traffic control plan shall be submitted as part of the application package that shows the
measures intended to minimize impacts to the roads and traffic. This should include a description of the
expected traffic volumes, what measures will be used for traffic flow control, and what signs are proposed. A
Road Use Permit will be required for road closures or event parking on County roads or in the County road
rights-of-way.
(h) Public Safety Plan: A Public Safety Plan prepared and submitted in accordance with Chapter 4, Section
403.11.22 of the 202106 International Fire Code or most current edition. This plan shall provide for an
appropriate level of public safety under the authority and approval of the Mason County Fire Marshal in
consultation with additional local fire districts, as applicable. The contents of this plan shall include, but are
Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:
0.58" + Indent at: 0.83"
Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 6 of 7
not limited to, provisions for emergency vehicle ingress and egress, fire protection, emergency medical
services, and the need for fire and emergency medical services personnel at the event.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.100 Compliance with rules and regulations.
No application for a temporary outdoor public event permit shall be issued until the Department of
Community Development shall have had an investigation and report as to whether the location or place to be used
as a site for a temporary outdoor public event conforms to all rules and regulation of the Code of Mason County
and the state law, particularly in regard to land use, fire, health, building, sanitary conditions and toilet
conveniences.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.110 Revocation of permit; statement of right.
The temporary outdoor public event permit issued under the provisions of this Chapter shall state in
substance that such permit is issued as a public safety, sanitary and fire requisition measure, and that the right of
the Department of Community Development to revoke such permit is a consideration of issuance. If any
Temporary Outdoor Public Event in Mason County is not being operated in accordance with the rules and
regulations prescribed in this Chapter and set forth in the State law, the permittee shall be subject to revocation of
the permit, and the permittee or other individual responsible subject to such other punishment as the law and this
Chapter provide.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.120 Appeals.
Administrative decisions of the Community Development Director or her/his designee shall be final and
conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County
Development Code Chapter 15.11 Appeals. Said statement shall set forth any alleged errors and/or the basis for
appeal and shall be accompanied by a fee in an amount as set by resolution of the board.
The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is
heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the
appellant.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.130 Enforcement.
Mason County is hereby authorized and directed to see that all provisions of the state law and local rules and
regulations are enforced.
(Ord. No. 61-09, Att. A, 7-7-2009)
Created: 2024-07-02 08:32:59 [EST]
(Supp. No. 67, 5-24, Update 2)
Page 7 of 7
5.18.140 Violation; penalty.
Any person who shall violate or fail to comply with any provision of this chapter or who shall counsel, aid or
abet such a violation or failure to comply shall be deemed guilty of a gross misdemeanor and shall, upon conviction
thereof, be fined in the sum of not more than one thousand dollars or imprisoned in the County Jail for not more
than ninety days, or both. Compliance shall constitute minimum health, sanitation and safety provisions and failure
to comply with the terms and conditions shall constitute a public nuisance and shall be subject to all criminal, civil,
and equitable remedies as such.
(Ord. No. 61-09, Att. A, 7-7-2009)
5.18.150 Severability.
If any section of this Chapter or its application to any person or circumstances is held invalid, the remainder
of this Chapter shall remain in effect.
(Ord. No. 61-09, Att. A, 7-7-2009)
Comparison of Mason County Code Chapter 5.18 (2009 vs 2025 Draft)
Topic 2009 Ordinance 2025 Draft Ordinance
Attendance Threshold for
Permit
5,000+ (UGA), 3,000+ (non-
UGA)
250+ general, 50+ in
residential zones
Buffer Distance from
Residences/Churches
250 feet 300 feet (with RCW
70.108.100 for 2,000+)
Sanitation Requirements General approval from
Health Department
Detailed requirements
including specific toilet
numbers and sewage
handling
Potable Water
Requirements
Not specified in detail Must meet WAC 246-
290/291 or bottled water
under WAC 16-165
Food Vendor Requirements General compliance
required
Permits required per MCC
6.08
Public Safety Plan Fire protection required;
based on 2006 IFC
Based on 2021 IFC; detailed
safety components required
Crowd Managers
Requirement
Not specified Required: 1 per 250
attendees, duties outlined
Traffic and Parking Plans Required, but with minimal
detail
Detailed Traffic Control and
Road Use Permits required
Agency Coordination General departmental
review
Formalized coordination
with Fire, Sheriff, Public
Works
Exemptions for Events List of exempt events
provided
Expanded and clarified
exemption list
Constitutional Protections Mentioned; limited details Detailed criteria and
protected event examples
Enforcement Specificity General language about
violations
Specifics added for code
references and enforcement
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Kell Rowen Ext: 286
Department: Community Development Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): June 2, 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: Fill an open permit planning position
Background/Executive Summary: DCD had a permit planner leave on May 6, 2025.
Budget Impact (amount, funding source, budget amendment, etc.): None (budget position, fee
supported)
Public Outreach: N/A
Requested Action: Allow the DCD Director to fill the open position.
Attachment(s): None
Briefing
June 2, 2025
Briefing Items
→ Mason Matters contract – David Windom
→ Opioid Settlement Fund – David Windom
→ Mobile Outreach Program Expansion minivan purchase – Melissa Casey
→ Code enforcement – Ian Tracy
→ On-Site Sewage Advisory Committee (OSAC) appointment – Ian Tracy
Discussion Items
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: David Windom Ext: 260
Department: Choose an item. Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 2 June 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☒ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: Mason Matters Contract
Background/Executive Summary: Mason County has supported Mason Matters in the past and is
willing to continue to support the valuable efforts of Mason Matters. A proposed contract is
enclosed, which mirrors the last contract
Budget Impact (amount, funding source, budget amendment, etc.): $75,000 Public Health Assistance
Fund
Public Outreach: Briefing and Action Agenda
Requested Action: Approve
Attachment(s):
Contract
1
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT ID 2025 MM
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and Mason Matters, hereinafter referred to as "CONTRACTOR.”
Contracted Entity Mason Matters
Address PO Box 1150
City, State, Zip Code Shelton, WA 98584
Phone 360-227-2107
Primary Contact: Name,
Title
Lydia Buchheit, Mason Matters Board Secretary/Treasurer
Primary Contact: E-mail masonmatters1@gmail.com
Washington State UBI# 601-999-453
Federal EIN 91-2078385
DUNS Number 146380899
Total Award/Contract
Value
$25,000 $75,000
Funding Source State Public Health Assistance Fund Federal None
Contract Term Duration July 1, 2023 – June 30, 2024 January 1, 2025 to December 31,
2025
County Contract Contact: Dave Windom, Director of Public Health and Human Services
County Contact Email: dwindom@masoncountywa.gov
County Contact Phone: 360-427-9670 ext. 260
Exhibits incorporated into
this Personal Service
Contract by reference
Exhibit A: Scope of Work B: Compensation C: Insurance
Requirements
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Extension:
The duration of this CONTRACT may be extended by mutual written consent of the parties, for
a period of up to one year, and for a total of no longer than three years.
Compensation:
CONTRACT total values are not to exceed $25,000 $75,000 per year.
2
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY. The
CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients
other than COUNTY, will report all income and expense accrued under this CONTRACT to the
Internal Revenue Service, and has a tax account with the State of Washington Department of
Revenue for payment of all sales and use and Business and Occupation taxes collected by the
State of Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY,
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payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY’s customary
procedures, pursuant to the fee schedule set forth in Exhibit "B."
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
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Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY’s interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY’s interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY’s policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
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Work Product:
CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior
to the release of the final payment for services.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY, to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay
those costs and damages attributable to any such claims that are finally awarded against
COUNTY in any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR’s strict compliance with all insurance requirements under this CONTRACT.
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Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR’s or its subcontractors’ use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR’s compensation, and have been
mutually negotiated by the parties.
Participation by County – No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR’s indemnity obligations under this CONTRACT.
Survival of CONTRACTOR’s Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR’s indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
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Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's
Community Services Director and his or her designee, as COUNTY’s representative, hereinafter
referred to as the Administrative Officer, for the purposes of administering the provisions of this
CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and
any auditing performed by the COUNTY related to this CONTRACT.
The Administrative Officer for purposes of this CONTRACT is:
Dave Windom, Director
Mason County Public Health
415 N. 6th Street
Phone: 360-427-9670 Ext. 260
Fax: 360-427-7787
E-mail: dwindom@masoncountywa.gov
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health and Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: caseyb@masoncountywa.gov
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via
e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including
delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
8
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available project funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
9
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief (including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or
issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior
to a written request or demand for arbitration issued under this Agreement are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
10
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders.
B. Funding source agreement(s) including attachments
C. Exhibit C Insurance Requirements
D. Special Conditions
E. General Condition
F. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
MASON MATTERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
____________________________________ ____________________________________
Mason Matters Board Member Sharon Trask, Commissioner Chair
Dated: _____________________________ Dated: _____________________________
APPROVED AS TO FORM:
________________________________
Tim Whitehead, Chief DPA
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EXHIBIT A
SCOPE OF SERVICES
I. Monitoring the health status of the community through:
A. Reviewing Community Health Assessments
B. Collaborating on health priorities and Community Health Improvement Plan (CHIP)
C. Reviewing Community Health Coalition and community agency project proposals
and progress that target CHIP priorities
D. Fund community proposals and projects that meet CHIP criteria
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EXHIBIT B
COMPENSATION & REPORTING
A. Compensation:
CONTRACTOR will be paid the contract amount in January each year.
B. Requests for Payment:
1. At a minimum the invoice is to include: performance period; date of submission;
CONTRACTOR's name, remittance address and phone number; invoice total; and any
additional applicable information.
2. Submit via e-mail or hard copy as preferred to:
Casey Bingham, Finance Manager
caseyb@masoncountywa.gov
3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice.
4. A semi-annual report will be due on the 15th of June and January annually reporting on fund
expenditures and community health improvement project progress. Reports will be sent
electronically to:
David Windom, Public Health Director
dwindom@masoncountywa.gov
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EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage, including without limitation, blanket contractual
liability.
2. Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits for CONTRACTOR's, with two (2) or more
employees and/or volunteers, no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per
accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this
project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such
person.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG
20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors,
subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR
(hereinafter “indemnifying parties”) to comply with these provisions.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the
applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation
condition as to COUNTY, or must specifically allow the named insured to waive subrogation
prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of
coverage that may affect COUNTY’s protection without COUNTY’s prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to
COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required
and, b) an additional insured endorsement to CONTRACTOR’s general liability policy using
Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR
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agrees, upon request by COUNTY to provide complete, certified copies of any policies required
within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance
it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged
to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any
actual or alleged failure on the part of COUNTY or any other additional insured under these
requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying party
to self- insure its obligations to COUNTY. If CONTRACTOR’s existing coverage includes a self-
insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY
may review options with CONTRACTOR, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated
for any reason. Termination of this obligation is not effective until COUNTY executes a written
statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader than
as outlined above, those higher limits and broader coverage shall be deemed to apply for the
benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this
CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and approved of
in writing.
11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a minimum
A.M. Best rating of A-:VII.
13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in this
CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior
15
to cancellation of such liability coverage or of any material alteration or non-renewal of any such
coverage, other than for non-payment of premium. CONTRACTOR shall assure that this
provision also applies to any subcontractors, joint ventures or any other party engaged by or on
behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will
provide thirty (30) days’ notice to COUNTY of any cancellation of coverage.
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90) days
advance written notice of such change. If such change results in substantial additional cost to
the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR’s
compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy. Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve COUNTY.
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: David Windom Ext: 260
Department: Public Health Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 2 June 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: Opioid Settlement Fund
Background/Executive Summary: Discussion around current funds and looking for projects around
the implementation of those funds.
Budget Impact (amount, funding source, budget amendment, etc.): None
Public Outreach: Briefing
Requested Action: Discussion
Attachment(s):
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Melissa Casey Ext: 404
Department: Public Health Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 9/23/24, 6/2/25 Agenda Date(s): 6/10/25
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: Resolution Authorizing Purchase of Minivan for Mobile Outreach Expansion
Background/Executive Summary:
In October 2024, the Board of Health and Board of County Commissioners approved the Mobile
Outreach Home Service Program Expansion to further reach and better serve individuals who are
categorically more medically vulnerable, at higher risk of overdose, and may have the least connection to
and access to treatment and social services. The purchase of a dedicated outreach vehicle is necessary to
meet participants where they are and increase access to wraparound services. A one-time grant was
awarded to the department specifically for the purpose of purchasing the outreach vehicle and must be
spent by June 30, 2025. Public Health consulted with the county’s Budget & Finance Manager and the
Motor Pool Manager to determine the most cost-effective method for obtaining and maintaining the
outreach vehicle. Cost comparisons were evaluated between options to purchase or lease a vehicle, and
bids for the make and model were obtained from more than three vendors. The Municipal Research and
Services Center (MRSC) advised that a resolution for special market conditions can be adopted for the
purchase of a used vehicle. Enterprise Fleet Management advised that the unit can be added to the
county’s Enterprise system to track mileage and use the gas card system; however, funding for fuel costs
and ongoing vehicle maintenance is budgeted out of the department’s mobile outreach grant.
Budget Impact (amount, funding source, budget amendment, etc.):
No impact to general fund; one-time $35,000 state grant awarded
Public Outreach:
N/A
Requested Action:
Move to 6/10 action agenda for adoption of the resolution
Attachment(s):
Resolution
Home Service Expansion Proposal
Page 1 of 2
RESOLUTION NO. _____
A RESOLUTION AUTHORIZING THE PURCHASE OF A MINIVAN PURSUANT TO RCW 39.04.280
(SPECIAL MARKET CONDITIONS)
WHEREAS, the Board of Mason County Commissioners recognizes the need to purchase a
minivan for the use of Mason County Public Health and Human Services, and;
WHEREAS, under RCW 39.04.280(1)(b), a county may waive competitive bidding requirements
for purchases under special market conditions when the purchase involves the acquisition of
unique goods or services available only from a single source, or where the price is advantageous
due to special market circumstances, and;
WHEREAS, the County has identified an opportunity to purchase a 2019-2024 Chrysler,
Pacifica under favorable market conditions at a reduced price that would not be available through
the normal competitive bidding process, and;
WHEREAS, the County has determined that the purchase of said minivan through these special
market conditions is in the best interest of the County and is necessary for the efficient operation
of County services;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Mason
County, Washington, as follows:
1. Authorization to Purchase: The County is hereby authorized to purchase one (1) 2019-
2024 Chrysler, Pacifica minivan for the use of Mason County Public Health and Human
Services, in an amount not to exceed $35,000, without following the standard competitive
bidding process, pursuant to RCW 39.04.280(1)(b).
2. Finding of Special Market Conditions: The Board finds that special market conditions
exist which justify the purchase of the minivan without competitive bidding, including
the award of a one-time grant for vehicle purchase which must be spent by June 30, 2025,
a lease vs. purchase comparison, and a price comparison on vehicle with low mileage vs.
new vehicle available from the County’s contract with Enterprise.
3. Delegation of Authority: The Mason County Public Health and Human Services
Director is authorized and directed to complete the purchase in accordance with
applicable County policies and procedures.
4. Effective Date: This resolution shall take effect immediately upon its adoption.
Page 2 of 2
EFFECTIVE this ___ day of ________, 2025
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
______________________________ ____________________________________
MCKENZIE SMITH, Clerk of the Board SHARON TRASK, Chair
____________________________________
APPROVED AS TO FORM: PAT TARZWELL, Vice Chair
______________________________ ____________________________________
TIM WHITEHEAD, Ch. DPA RANDY NEATHERLIN, Commissioner
Substance Use Mobile Outreach of Mason County
Home Service Program Expansion Proposal
Proposal:
Incorporate home service as part of the Substance Use Mobile Outreach model to
increase alignment with Mason County Public Health and Human Services (MCPHHS) policy of
striving to make programs and services accessible to all Mason County residents by meeting
them where they are.
As part of Mason County’s commitment to combat simultaneous epidemics of
overdose, bacterial and soft tissue infections, sexually transmitted diseases, HIV, and viral
hepatitis by adopting a syndemic approach, MCPHHS proposes to incorporate a home service
model to expand current Substance Use Mobile Outreach activities to improve health
outcomes of some of the most marginalized members of our rural community. This is an
integral part of the clinical service expansion funded by the WA Department of Health
Syndemic grant, which seeks to reduce barriers to accessing lifesaving services.
Since 2017, MCPHHS has offered harm reduction home services for overdose
prevention education, naloxone distribution, wound care supplies, and linkages to care; this
proposed expansion would allow a broader scope of services and increased access to
wraparound services.
Home service will involve Mobile Outreach staff making appointments with
participants one day a week and delivering service interventions at the participants' locations
via a county vehicle.
Services offered will be the same as existing Mobile Outreach
programming, with the addition of clinical services, which are currently in the
planning stage. Staff will provide harm reduction, naloxone, hygiene, and wound
care supplies; STI/HIV/Hepatitis C screening and linkages to follow-up care; and
referrals and/or warm handoffs to prevention, substance use disorder or mental
health treatment, medical, and broad social and recovery support services. Once
MCPHHS’s full syndemic clinical program is implemented, additional services may
be added under the clinical supervision of Mason County’s Health Officer.
WHY?
Many parts of Mason County are very rural, which presents significant barriers to care
for individuals with limited transportation or mobility challenges.
Expanding the program to include home service would allow us to reach individuals
who have been categorically more medically vulnerable, at higher risk of overdose, and may
have the least connection and access to treatment and social services.
These same individuals would likely benefit the most from MCPHHS’s clinical services,
and by increasing engagement with them, we can facilitate direct linkages to those services.
In expanding the program to include home service, MCPHHS is following the lead of
other agencies and programs that have found this to be a very effective model for mitigating
the barriers people experiencing behavioral health challenges have in accessing care in our
rural area, especially for those with mobility and transportation difficulties. Several Mason
County behavioral health programs utilize home visits as a standard component of their
programs, as do neighboring county harm reduction programs.
MCPHHS will partner with other established community programs with similar service
models and a complimentary scope of services to reduce unnecessary duplication and
increase seamless linkages to care.
Of 43 surveyed participants, 79% said the people they know who would like to utilize
harm reduction services had difficulty getting to Mobile Outreach sites as they currently are;
all cited transportation and/or mobility issues as the reason. It should be noted that of the
participants who regularly engage in services, over half also reported having difficulty getting
to sites, with lack of transportation being the reason.
WHO?
Participants will be primarily individuals with transportation and mobility
barriers who use drugs, experience complex health challenges, and are
chronically underserved. This is likely to serve elderly and isolated individuals
more reliably than other models; additionally, this form of engagement will
address participants’ concerns about the visibility and stigma of accessing
services in our small communities.
The following are testimonials from current participants about current barriers to
attaining services and how expanding to include home service would improve the program’s
accessibility:
"I have a problem getting out sometimes. Public transit is hard with my mobility issues."
"Rides, people don't have rides."
"That would be awesome. You would have tons more people."
"Home visits would be really good. Buses are so periodic. It’s hard to get back if you miss one,
then you’re stuck for hours."
"There's people in their 60S who can't come because they can't get up & go."
"If you guys did home service that would make all the difference in the world."
"That’d be really cool for the people who don't have a car."
HOW?
The funding comes from the WA DOH Syndemic grant, which is expected to last five
years and fund operations for the Substance Use Mobile Outreach of Mason County and the
clinical service expansion.
MCPHHS will pilot the program using a phased approach. Initially, it will expand home
service by operating one day a week. Depending on the program’s success, this may be scaled
up. MCPHHS will leverage existing partnerships if needed to increase capacity.
MCPHHS staff will adhere to Community Health’s Field and Home Service Policies and
Procedures, as well as the additional Home Service Policies and Procedures that
detail additional safety training requirements and precautions. The Home Service
Policies and Procedures have been reviewed and approved by Mason County Risk
Management and Deputy Prosecutor Tim Whitehead.
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Ian Tracy Ext: 544
Department: Public Health Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): June 2, 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Code Enforcement Discussion
Background/Executive Summary:
Mason County has received multiple complaints from the public regarding the slow process of code
enforcement and the limited ability of staff to effect change on properties with significant challenges.
This briefing continues the discussion with the Commissioners that began in August 2024. Our last
discussion occurred on February 24th.
Budget Impact (amount, funding source, budget amendment):
$430,000.00
Funding for Hearings Examiner: $180,000.00 annually ($3,000.00 per inspector/month x 5 inspectors)
Public Health Abatement Fund: $250,000.00
Public Outreach (news release, community meeting, etc.):
None at this time.
Requested Action:
Commissioner discussion.
Attachments:
None
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Ian Tracy Ext: 544
Department: Public Health Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): June 2nd, 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: Onsite Sewage Advisory Committee(OSAC) Membership Update
Background/Executive Summary: On May 27th the Mason County Board of Health re-appointed
Dave Killoran to the Homebuilder position. We currently have two vacancies on the committee, the
Shellfish Industry, and Septic Designer positions.
Budget Impact (amount, funding source, budget amendment, etc.): N/A
Public Outreach: N/A
Requested Action: Information only.
Attachment(s): N/A
Action Items:
• Mason – Kitsap County Household Hazardous Waste Disposal Interlocal Agreement.
• County Road Project No. 2068 Cloquallum Road Improvement Project (MP 6.6 to MP 7.8) and
2069 Bear Creek Dewatto Culvert Replacements (MP 6.18, MP 7.43 and MP 7.94).
Discussion Items:
Commissioner Follow-Up Items:
Upcoming Items:
June 6th Public Works/TIP-CAP presentation at Republican Women meeting
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
June 2, 2025
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickinson, PW Deputy Director
Utilities and Waste Management Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): June 2, 2025 Agenda Date(s): June 10, 2025
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: Mason – Kitsap County Household Hazardous Waste Disposal Interlocal Agreement
Background/Executive Summary:
Mason County currently maintains an interlocal agreement (ILA) with Kitsap County that allows
Mason County residents to dispose of Household Hazardous Waste (HHW) at the Kitsap County
HHW Facility in Bremerton. This agreement is set to expire on June 30, 2025.
Public Works is in the process of reviewing a proposed renewal of the agreement. The updated
ILA includes no changes to the per-customer cost, which remains at $55, and maintains the
existing annual customer limit of 1,100 participants. The primary proposed change is to the
contract duration.
Mason County staff recommend entering into a new four-year agreement with an option to renew
for an additional four years, providing long-term stability for this essential service.
Customer Utilization at Kitsap County HHW Facility:
2022 – 840
2023 – 876
2024 – 926 customers
Budget Impact:
The cost of this contract is covered by the tipping fee revenue in Solid Waste Fund #402 and LSWFA
grant funds from Ecology.
The current Agreement, that took effect in July 2023, has a maximum annual payment of $60,500 ($50
per customer x $1,100 customer).
Public Outreach: N/A
Requested Action:
Request the Board authorize the Deputy Director to execute a four-year agreement with Kitsap County to
continue providing residential household hazardous waste collection and disposal for Mason County with
approval to sign the optional amendment to extend for an additional 4 years.
Attachment:
1. Draft Agreement
KC-xxx-25 Mason County Residential Household Hazardous Waste Collection and Disposal 1 | P a g e
CONTRACT NO. KC-xxx-25
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES
This agreement is executed between Kitsap County (“Kitsap”) and Mason County (“Mason”) for
the purpose of providing a permanent site with year-round availability for proper disposal of
household hazardous waste (“HHW”) to Mason County residents at the Kitsap County Household
Hazardous Waste Collection Facilities.
BACKGROUND
WHEREAS, the Kitsap County Solid and Hazardous Waste Management Plan (“Plan”)
was written pursuant to Revised Code of Washington (RCW) 70A.205.045 and adopted by the
Kitsap County Commissioners; and
WHEREAS, in accordance with the Plan, Kitsap operates the South Kitsap HHW
Collection Facility (“SK Facility”), located at 5551 SW Imperial Way, Bremerton, and is expected
to begin operating the North Kitsap HHW Collection Facility, (“NK Facility”), located at 23300
Arness Creek Road NE, Poulsbo, in 2026;
WHEREAS, the SK Facility and, once operational, the NK Facility, (collectively “Facilities”)
provide year-round availability for the proper disposal of HHW to Kitsap County residents;
WHEREAS, HHW disposal is funded through a combination of tipping fees collected at
Olympic View Transfer Station and a portion of the Local Solid Waste Financial Assistance
Agreement between the State of Washington Department of Ecology and Kitsap County;
WHEREAS, Mason is a neighboring county whose citizens frequently travel to or though
Kitsap County and providing convenient HHW disposal locations foster the parties’ common
goals;
WHEREAS, Mason residents have utilized the Facility over the past twenty-nine (29)
years and desire to continue use of the Facility;
WHEREAS, Kitsap and Mason share common goals to: protect watersheds; protect
groundwater and drinking water quality; provide opportunities for residents to properly dispose of
HHW; and educate residents about potential hazards regarding storage of hazardous products;
WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in the
public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these
common goals;
WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW;
NOW THEREFORE, the parties mutually agree as follows:
AGREEMENT
1. RECITALS. The recitals are hereby incorporated into the Agreement by this reference.
KC-xxx-25 Mason County Residential Household Hazardous Waste Collection and Disposal 2 | P a g e
2. PURPOSE. The purpose of this Agreement is to provide additional locations for Mason
residents to properly dispose of household hazardous waste.
3. KITSAP OBLIGATIONS
A. Kitsap shall make its SK Facility, and when operational the NK Facility, along with
associated on-site HHW services available at no charge to Mason residents whenever
the Facilities are regularly open for business according to the terms of this Interlocal
Agreement.
B. Kitsap will charge Mason for each use of a Facility by a Mason resident for the waste
streams set forth in Attachment A, which is incorporated herein by this reference.
Kitsap will not charge Mason for any waste covered under a statewide stewardship
program, such as those for architectural paint or fluorescent lamps.
C. Kitsap shall serve as the “lead entity” in the ongoing administration and implementation
of this Agreement.
D. Kitsap shall submit monthly invoices to Mason for collection and disposal services
pursuant to this Agreement not more than once a month whenever there has been a
charge-triggering use of a Facility as described in subsection B. Invoices shall detail
the number of Mason customers. Kitsap shall maintain adequate records to support
billings under this Agreement.
4. MASON OBLIGATIONS
A. Mason agrees to (a) advertise the expanded opportunities for HHW collection at the
Facilities to Mason residents; and (b) provide Kitsap with Mason specific MRW
education materials for distribution to Mason customers.
B. Within thirty (30) days following receipt of an invoice, Mason shall reimburse Kitsap
$55.00 per documented Mason customer. Notwithstanding the preceding, Mason
payments are not to exceed $55,000.00 per year (1,100 customers) unless specifically
approved in writing in advance.
5. DURATION. This Agreement shall commence at time of signing, with the effective date
on July 1, 2025, for purposes of cost reimbursement for services, and shall extend through
June 30, 2029. The parties may agree to extend this Agreement for an additional
consecutive four-year term by amendment as set forth below.
6. TERMINATION
A. Kitsap may terminate this Agreement whenever Kitsap determines, in its sole
discretion, that such termination is in the best interests of Kitsap. Termination of this
Agreement by Kitsap at any time during the term, whether for default or convenience,
shall not constitute a breach of this Agreement. Prompt notice of such termination shall
be provided.
B. Mason may terminate this Agreement upon provision of sixty (60) days written notice
to Kitsap, and shall remain liable for all cost reimbursements incurred through the
termination date specified in any notice, consistent with the fees prescribed above.
KC-xxx-25 Mason County Residential Household Hazardous Waste Collection and Disposal 3 | P a g e
C. If sufficient funds are not appropriated or allocated for payment under this Agreement
for any future fiscal period by Mason, Kitsap shall not be obligated to provide services
after the end of the current fiscal period.
7. INDEMNIFICATION. Each party to this agreement shall hold harmless, defend and
indemnify the other party and the other party’s officers, officials, employees and agents,
from and against any and all claims, actions, suits, liability, loss, expenses, damages and
judgments of any nature whatsoever, including reasonable costs and attorneys’ fees in
defense thereof, for injury, sickness, disability or death to persons or damage to property
or business, to the extent caused by or arising out of the acts, errors or omissions of the
indemnitor or its officers, officials, employees and agents in the performance of this
agreement; provided, however, that the indemnitor’s obligation under this section shall not
extend to injury, sickness, disability, death or damage caused by or arising out of the acts,
errors or omissions of the indemnitee or its officers, officials, employees or agents. Solely
for the purposes of this provision, each party waives its immunity under Title 51 (Industrial
Insurance) of the Revised Code of Washington and acknowledges that this waiver was
mutually negotiated by the parties. This section shall survive termination or expiration of
this agreement.
8. AMENDMENT. This Agreement may be amended only upon the written agreement of the
parties executed with the same formalities required for the execution of this Agreement.
There will be a review of per customer costs if an extension is desired.
9. ADMINISTRATION. No separate entity is created by this Agreement. This Agreement
shall be administered by, and all notices and payments shall be sent to, the following
representatives:
For Kitsap County:
Kitsap County Public Works, Solid Waste Division
614 Division Street, MS-27, Port Orchard, Washington 98366
Attn: Kevin Bevelhimer, Solid Waste Senior Operations and Maintenance Manager
For Mason County:
Mason County Public Works Department, Utilities and Waste Management Division
100 W Public Works Drive, Shelton, Washington 98584
Attn: Richard Dickinson, Deputy Director of Utilities and Waste
10. PROPERTY. Any property purchased under this Agreement shall be the property of the
purchaser.
11. ASSIGNMENT. No party may assign their rights or obligations under this Agreement
without the approval of the other.
12. RECORDING. This Agreement shall be recorded with the Kitsap County Auditor.
13. DISPUTE RESOLUTION. If a dispute arises under this Agreement, it shall be determined
by a Dispute Board in the following manner: Each party to this Agreement shall appoint
one (1) member to the Dispute Board and those members shall jointly appoint an
additional member to the Dispute Board. The Dispute Board shall review the facts,
agreement terms, and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the parties
hereto, subject to judicial review as authorized by law.
KC-xxx-25 Mason County Residential Household Hazardous Waste Collection and Disposal 4 | P a g e
14. NONDISCRIMINATION. Mason and Kitsap agree to comply with all applicable local, state,
and/or federal laws and ordinances, and agree that they shall not discriminate in their
employment practices or delivery of services or other activities on the grounds of race,
color, religion, national origin, age, sex, marital status, veteran status, sexual orientation,
or the presence of any sensory, mental or physical handicap.
15. COMPLIANCE WITH LAWS. Mason and Kitsap agree to comply with all federal, state,
and local laws, statutes, ordinances, rules, and regulations applicable to the performance
of this Agreement, including compliance with all the provisions of the Americans with
Disabilities Act and all regulations interpreting or enforcing such Act.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
17. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Kitsap County, Washington.
18. MULTIPLE ORIGINALS/ELECTRONIC SIGNATURES. This Agreement may be
executed in multiple copies, each of which shall be deemed an original. A facsimile, email,
or other electronically delivered signatures of the parties shall be deemed to constitute
original signatures and deemed to constitute duplicate originals.
19. SEVERABILITY. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of the Agreement which can be given effect without the invalid provision, if such
remainder conforms to the requirements of applicable law and the fundamental purpose
of this agreement, and to this end the provisions of this Agreement are declared to be
severable.
20. AUTHORIZATION. Each of the signatories hereto hereby represents and warrants that
he or she has the right, power, legal capacity, and authority to execute into this Agreement
and to bind the entity he or she represents to this Agreement and the obligations
hereunder.
Dated this ____ day of ______________, 2025 Dated this ____ day of ______________, 2025
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
Sharon Trask, Chair CHAIR NAME, Chair
Pat Tarzwell, Vice Chair COMMISSIONER NAME, Commissioner
Randy Neatherlin, Commissioner COMMISSIONER NAME, Commissioner
KC-xxx-25 Mason County Residential Household Hazardous Waste Collection and Disposal 5 | P a g e
ATTEST: ATTEST:
McKenzie Smith, Clerk of the Board Dana Daniels, Clerk of the Board
APROVE AS TO FORM:
_____________________________________
Tim Whitehead, Ch. D.P.A
KC-xxx-25 Mason County Residential Household Hazardous Waste Collection and Disposal 6 | P a g e
ATTACHMENT A
A-Fuels
Aerosols
Antifreeze
Auto Batteries
Cleaners
Household Batteries
Latex Paints
Mercury Lamps
Motor Oil
Oil Based Paints
Poisons
END OF ATTACHMENT A
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Michael Collins Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): June 2, 2025 Agenda Date(s): June 10, 2025
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: County Road Project No. 2068 Cloquallum Road Improvement Project
(MP 6.6 to MP 7.8) and County Road Project No. 2069 Bear Creek Dewatto
Culvert Replacements (MP 6.18, MP 7.43 and MP 7.94)
Background/Executive Summary:
County Road Project (CRP) No. 2068 Cloquallum Road Improvement Project:
Mason County was awarded Rural Arterial Program (RAP) funds through County Road
Administration Board (CRAB) for Cloquallum Road between MP 6.60 and MP 7.80 (known
locally as Wivel Hill). This involves a narrow stretch of road with a high embankment on one
side and outdated, misaligned guardrails on the other, which protect drivers from a creek below.
The road section is steep and narrow, leading to traffic conflicts with vehicles, bicycles, and
pedestrians. The plan is to widen the road towards the embankment and away from the creek,
followed by an overlay project to create 12-foot paved lanes and 5-foot paved shoulders.
County Road Project (CRP) No. 2069 Bear Creek Dewatto Road Culvert Replacement:
Mason County was awarded Rural Arterial Program (RAP) funds through County Road
Administration Board (CRAB) for a culvert replacement at MP 6.18 on Bear Creek-Dewatto
Road. This project proposes to replace an existing galvanized corrugated metal squash pipe that
is heavily rusted along the bottom and along the haunches. The pipe is undersized, water backs
up and overtops the road at this location during storm events, causing flooding and traffic
hazards. The plan is to replace culvert and raise the roadway profile in the vicinity. Mason
County will be submitting a scope change to CRAB to add two additional culvert replacements
along Bear Creek Dewatto Road, at MP 7.43 and MP 7.94. These additional culverts are in
similar condition and can be replaced within the awarded amount.
Budget Impact (amount, funding source, budget amendment, etc.):
Mason County has received $1,000,000. for construction funds through County Road
Administration Board (CRAB) for CRP 2068 Cloquallum Road. The preliminary estimated total
cost of the project is $1,200,000.
Mason County has received $450,000.00 for construction funds through County Road
Administration Board (CRAB) for CRP 2069 Bear Creek Dewatto Culvert Replacement. The
preliminary estimated total cost of the project is $500,000.
Public Outreach:
The resolutions will be published in Shelton Journal.
Requested Action:
Request Board execute a resolution for County Road Project No. 2068 Cloquallum Road
Improvement Project (MP 6.6 to MP 7.8) and County Road Project No. 2069 Bear Creek
Dewatto Culvert Replacements (MP 6.18, MP 7.43 and MP 7.94). Further, authorize the Public
Works County Engineer to advertise, set bid opening dates and times, award contracts and
authorize the County Engineer and/or the Chair to sign all pertinent documents related to these
projects.
Attachment(s):
1. Resolutions
2. Project Location Maps
3. RAP Project Agreements
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
COUNTY ROAD PROJECT NO. 2068
WHEREAS, on Mason County Road No. 10000, known locally as the Cloquallum Road and
more specifically located in Sec. 3, 4 and 5, T. 19N, R 4W, WM at approximately mile post 6.6 to mile
post 7.8; work defined as “construction” in the BARS Manual, Page II-63, et seq, is determined to be
necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Roadway Improvement: roadway widening/shoulder improvements, asphalt overlay, roadway
striping and other necessary safety improvements.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW
36.77.020 and/or RCW 36.77.065 and WAC 136-18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ -0-
Right of Way $ -0-
Construction $ -1,200,000-
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2025.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Sharon Trask, Chair
ATTEST:
______________________________________
_________________________________ Pat Tarzwell, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch. DPA
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 06/19/2025
87907624_Contract_NOT_For_Signature_10433577 RURAL ARTERIAL PROGRAM
PROJECT AGREEMENT FOR
CONSTRUCTION PROPOSAL
Submitting County: Mason
Project Number: 26-23-1184
Project Name: Cloquallum Road Improvement Project
Date Approved: May 01, 2025
AUTHORIZED RATA FUNDS: $532,772.00
Road Number(s)Road Name(s)BMP(s)EMP(s)Segment #
10000 Cloquallum Road 6.6 7.8 1
The State of Washington County Road Administration Board (CRABoard) and Mason County (County)
mutually agree as follows:
(1) The funds hereby authorized are for completion of the proposed project as defined by chapter 36.79
RCW Roads and bridges - rural arterial program.
(2) The County is in compliance with the provisions of chapter 136-150 WAC regarding eligibility for
Rural Arterial Trust Account (RATA) funds. If the County is found not to be in compliance with these
provisions, such non compliance may be cause for the CRABoard to withdraw or deny the Certificate of
Good Practice of the County and require pay back of any RATA funds that have been paid to the County
for this project.
(3) If the project is reconstruction, the County shall gain approval from WSDOT (chapter 43.32 RCW) for
all deviations from the design standards listed in the Local Agency Guidelines prior to construction.
(4) If the project is 3R (resurfacing restoration and rehabilitation), the County shall document its design
considerations for the proposed improvements in keeping with 3R standards as listed in the Local
Agency Guidelines.
(5) The project shall be constructed in accordance with the information furnished to the CRABoard, and
the plans and specifications prepared by the county engineer.
(6) Phased construction methodology is permitted upon notification by the county engineer of the
phasing plan as authorized under WAC 136-170-030. Failure by the county to notify the CRABoard of
phasing plan at least 15 days prior to commencement of construction may result in withdrawal of funding
by the CRABoard and county forfeiture of all RATA funds expended.
(7) The County shall notify the CRABoard when a contract has been awarded and/or when construction
has started, and when the project has been completed.
(8) The County shall reimburse the RATA in the event a project post audit reveals improper expenditure
of RATA funds.
(9) Costs of the project which exceed the amount of RATA funds authorized by the CRABoard, set forth
above, and the required matching funds and other funds represented by the county to be committed to
the project, shall be paid by the County as necessary to complete the project as submitted to the
CRABoard.
(10) Matching funds and other funds represented to be committed to the project shall be available as
necessary to implement the projected development of the project as set forth in the construction
proposal prospectus.
(11) The CRABoard hereby agrees to reimburse the county from RATA funds allocated, and not
otherwise, for its reimbursable costs not to exceed the amount above specified.
(12) The CRABoard will reimburse costs incurred by the County based on project progress as certified
by the county engineer within the CRABoard's RAP Online project management application by monthly
progress payment vouchers received and approved on individual projects in the order in which they are
received in the CRABoard office, subject to the availability of RATA funds apportioned to the region.
Such obligation to reimburse RATA funds extends only to project costs incurred after the date of project
approval by the CRABoard.
(13) Either the CRABoard or the County may request changes to the provisions contained in this
agreement. Such changes shall be mutually agreed upon and incorporated by written amendment to this
agreement. No variation or alteration of the terms of this agreement shall be valid unless made in writing
and signed by authorized representatives of the CRABoard or the County hereto.
(14) During the term of this agreement and for a period not less than six (6) years from the date of final
payment by the CRABoard, the records and accounts pertaining to this agreement are to be kept
available for inspection and audit and copies of all records, accounts, documents, or other data
pertaining to the agreement will be furnished upon request. If any litigation, claim, or audit is
commenced, the records and accounts along with supporting documentation shall be retained until said
litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues
past the six year retention period.
IN CONSIDERATION of the allocation by the CRABoard RATA funds to the project in the amount set out
above, the County hereby agrees that as condition precedent to payment of any RATA funds allocated
at any time to the above referenced project, it accepts and will comply with the terms of this agreement,
including the terms and conditions set forth in Chapter 49, Laws of 1983, 1st Ex. Sess. (chapter 36.79
RCW); the applicable rules of Title 136 WAC and all representations made to the CRABoard upon which
the fund allocation was based; all of which are familiar to and within the knowledge of the county and are
incorporated herein and made a part of this agreement, although not attached.
This agreement supersedes all prior agreements issued using the project number listed above and shall
be valid and binding only if it is signed and returned to the CRABoard office within 45 days of its mailing
by the CRABoard.
COUNTY ROAD ADMINISTRATION BOARD:Mason COUNTY:
By:NOT FOR SIGNATURE By:NOT FOR SIGNATURE
Date:NOT FOR SIGNATURE Date:NOT FOR SIGNATURE
RAP Project Number: 26-23-1184
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
COUNTY ROAD PROJECT NO. 2069
WHEREAS, on Mason County Road No. 79800, known locally as the Bear Creek Dewatto
Road and more specifically located in Sec. 2, 3 and 4, T. 23N, R 2W, WM at approximately mile post
6.18, mile post 7.43, and mile post 7.94; work defined as “construction” in the BARS Manual, Page
II-63, et seq, is determined to be necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Replace three (3) existing undersized culverts.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW
36.77.020 and/or RCW 36.77.065 and WAC 136-18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ -0-
Right of Way $ -0-
Construction $ -500,000-
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2025.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Sharon Trask, Chair
ATTEST:
______________________________________
_________________________________ Pat Tarzwell, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch. DPA
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 06/19/2025
87907624_Contract_NOT_For_Signature_10433288 RURAL ARTERIAL PROGRAM
PROJECT AGREEMENT FOR
CONSTRUCTION PROPOSAL
Submitting County: Mason
Project Number: 26-23-1180
Project Name: Bear Creek Dewatto Rd. Culvert Replacement
Date Approved: May 01, 2025
AUTHORIZED RATA FUNDS: $450,000.00
Road Number(s)Road Name(s)BMP(s)EMP(s)Segment #
79800 Bear Creek Dewatto Rd 6.1 6.26 1
The State of Washington County Road Administration Board (CRABoard) and Mason County (County)
mutually agree as follows:
(1) The funds hereby authorized are for completion of the proposed project as defined by chapter 36.79
RCW Roads and bridges - rural arterial program.
(2) The County is in compliance with the provisions of chapter 136-150 WAC regarding eligibility for
Rural Arterial Trust Account (RATA) funds. If the County is found not to be in compliance with these
provisions, such non compliance may be cause for the CRABoard to withdraw or deny the Certificate of
Good Practice of the County and require pay back of any RATA funds that have been paid to the County
for this project.
(3) If the project is reconstruction, the County shall gain approval from WSDOT (chapter 43.32 RCW) for
all deviations from the design standards listed in the Local Agency Guidelines prior to construction.
(4) If the project is 3R (resurfacing restoration and rehabilitation), the County shall document its design
considerations for the proposed improvements in keeping with 3R standards as listed in the Local
Agency Guidelines.
(5) The project shall be constructed in accordance with the information furnished to the CRABoard, and
the plans and specifications prepared by the county engineer.
(6) Phased construction methodology is permitted upon notification by the county engineer of the
phasing plan as authorized under WAC 136-170-030. Failure by the county to notify the CRABoard of
phasing plan at least 15 days prior to commencement of construction may result in withdrawal of funding
by the CRABoard and county forfeiture of all RATA funds expended.
(7) The County shall notify the CRABoard when a contract has been awarded and/or when construction
has started, and when the project has been completed.
(8) The County shall reimburse the RATA in the event a project post audit reveals improper expenditure
of RATA funds.
(9) Costs of the project which exceed the amount of RATA funds authorized by the CRABoard, set forth
above, and the required matching funds and other funds represented by the county to be committed to
the project, shall be paid by the County as necessary to complete the project as submitted to the
CRABoard.
(10) Matching funds and other funds represented to be committed to the project shall be available as
necessary to implement the projected development of the project as set forth in the construction
proposal prospectus.
(11) The CRABoard hereby agrees to reimburse the county from RATA funds allocated, and not
otherwise, for its reimbursable costs not to exceed the amount above specified.
(12) The CRABoard will reimburse costs incurred by the County based on project progress as certified
by the county engineer within the CRABoard's RAP Online project management application by monthly
progress payment vouchers received and approved on individual projects in the order in which they are
received in the CRABoard office, subject to the availability of RATA funds apportioned to the region.
Such obligation to reimburse RATA funds extends only to project costs incurred after the date of project
approval by the CRABoard.
(13) Either the CRABoard or the County may request changes to the provisions contained in this
agreement. Such changes shall be mutually agreed upon and incorporated by written amendment to this
agreement. No variation or alteration of the terms of this agreement shall be valid unless made in writing
and signed by authorized representatives of the CRABoard or the County hereto.
(14) During the term of this agreement and for a period not less than six (6) years from the date of final
payment by the CRABoard, the records and accounts pertaining to this agreement are to be kept
available for inspection and audit and copies of all records, accounts, documents, or other data
pertaining to the agreement will be furnished upon request. If any litigation, claim, or audit is
commenced, the records and accounts along with supporting documentation shall be retained until said
litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues
past the six year retention period.
IN CONSIDERATION of the allocation by the CRABoard RATA funds to the project in the amount set out
above, the County hereby agrees that as condition precedent to payment of any RATA funds allocated
at any time to the above referenced project, it accepts and will comply with the terms of this agreement,
including the terms and conditions set forth in Chapter 49, Laws of 1983, 1st Ex. Sess. (chapter 36.79
RCW); the applicable rules of Title 136 WAC and all representations made to the CRABoard upon which
the fund allocation was based; all of which are familiar to and within the knowledge of the county and are
incorporated herein and made a part of this agreement, although not attached.
This agreement supersedes all prior agreements issued using the project number listed above and shall
be valid and binding only if it is signed and returned to the CRABoard office within 45 days of its mailing
by the CRABoard.
COUNTY ROAD ADMINISTRATION BOARD:Mason COUNTY:
By:NOT FOR SIGNATURE By:NOT FOR SIGNATURE
Date:NOT FOR SIGNATURE Date:NOT FOR SIGNATURE
RAP Project Number: 26-23-1180
Mason County Administrator
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
June 2, 2025
Specific Items for Review
→ Island Lake, Lake Management District (LMD) – Jennifer Beierle
Administrator Updates
Commissioner Discussion
→ Interim County Administrator and County Administrator position
→ Calendar updates
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Jennifer Beierle Ext: 532
Department: Central Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 6/2/2025 Agenda Date(s): 6/10/2025
Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☒ Other
(This is the responsibility of the requesting Department) Assessor’s Office & Auditor’s Elections Office
Item:
Consideration of the draft resolution to declare intent by the Board of County Commissioners to establish
Island Lake Management District (LMD) #1
Background/Executive Summary:
Island Lake property owners have shown broad support to create an Island Lake Management District,
pursuant to Chapter 36.61 RCW (Lake Management Districts). The LMD would enable the County to
collect assessments from benefiting properties around the lake to finance lake management activities over
a 15-year period.
Budget Impact (amount, funding source, budget amendment, etc.):
All costs for the formation of the LMD will come out of Fund #199, Island Lake Management.
Public Outreach:
A petition has been circulated for signature and has been signed by approximately 33% of lake front
property owners. The returned signatures have been verified with the Mason County Auditor Elections
department.
Requested Action:
Request the Board adopt the resolution to declare intent to establish the Island Lake Management District
#1 and set a public hearing on the formation of the proposed LMD No. 1 on Tuesday, July 8, 2025, at 9:15
a.m. in the Mason County Commission Chambers.
Attachment(s):
Draft Resolution
C:\Users\msmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W0Z64K3W\1. Resolution -
Intent to Establish LMD.doc
Resolution No. ____
A RESOLUTION declaring the intention of the Board of County Commissioners to establish Lake
Management District No. 1 for Island Lake pursuant to Chapter 36.61 RCW and setting the public
hearing on formation of the same.
WHEREAS, there is an indication of significant support from Island Lake property owners for
formation of a Lake Management District (LMD) as evidenced by the submittal of LMD petitions.
WHEREAS, the Board of County Commissioners has considered the request of the Island Lake
property owners to establish the Lake Management District to monitor, control, and remove
aquatic plants and vegetation in Island Lake, including nonnative plants, vegetation and other
invasive species, using best management procedures;
The Board of County Commissioners enters the following findings of fact:
1. Formation of an LMD to protect Island Lake’s beneficial uses and water quality is in the public
interest. This is evidenced by the broad support expressed by Island Lake property owners
evidenced by the number of signatures appearing on the LMD petitions.
All properties within the LMD boundaries have direct access to the lakefront and enjoy
significant opportunity to enjoy the lake through passive and active recreation. These
property owners will collectively share the greatest amount of benefit from the lake
management program. Benefit to each property is appropriately reflected in the rates, which
provide for a charge based on the total assessed value of the property.
2. The financing of the lake improvement or maintenance activities is feasible. The LMD will
guarantee the fees needed to continue with Milfoil control measures and the costs of permits,
monitoring, printing and mailing.
3. Adequate provisions have been made to protect fish and wildlife. Aquatic herbicides have
been approved for use by the US Environmental Protection Agency for the use in lakes and
reservoirs used for human drinking water consumption. The herbicide will not harm fish or
wildlife, and by eliminating the Eurasian Water Milfoil, the native flora and fauna should be
restored.
4. Financial security should not be required to cover the costs of the LMD process.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners for Mason
County as follows:
1. Pursuant to RCW 36.61.030, the Board of Mason County Commissioners hereby designates
the proposed LMD as Mason County Lake Management District No. 1 for Island Lake.
2. Purpose of the Lake Management District:
a. Manage noxious aquatic plants and vegetation and other invasive species in Island
Lake to meet recreational and aesthetic needs, fishery and wildlife habitat
requirements by employing the best techniques based on environmental safety and
efficacy.
b. Monitor for recurrence of Water Milfoil or emergence of other lake plants that could
adversely impact the lake and to recommend and fund the removal or control of
these plants throughout the life of the LMD.
c. Maintain an advisory committee of neighborhood representatives to direct the efforts
and funds of the LMD.
C:\Users\msmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W0Z64K3W\1. Resolution -
Intent to Establish LMD.doc
3. Charges to property:
Annual rates and charges will raise funds to support LMD activities. The annual LMD budget
and rates described below for the duration of the 15 years of the proposed LMD are
recommended by the LMD Advisory Committee to be adopted by the county commissioners.
The estimated amount that will be raised by the LMD rates in 20 26 is $50,000. The estimated
amount that will be raised by the LMD rates in 2027 is $15,000. The total estimated LMD rate
revenue for the 15 year LMD is $343,980. The formula of rates and charges that is to be used
to establish the 2026 assessment for the LMD is approximately 62 cents per thousand
valuation. The formula of rates and charges that is to be used to establish the 2027
assessment for the LMD is approximately 18 cents per thousand valuation. The annual 5%
increase will occur automatically unless not approved by the LMD Advisory Committee and
communicated by email to the Mason County Commissioners. It is anticipated that revenue
bonds or notes payable from such rates and charges will be issued to finance the activities of
the LMD.
4. The duration of the proposed LMD is 15 years.
5. The proposed boundaries of the District are all properties fronting Island Lake in Mason
County, Washington.
6. Island Lake LMD Advisory Committee:
The volunteer Island Lake LMD Advisory Committee will represent the interests of property
owners around the lake. Annual LMD work plan, budget and LMD rates described above for
the duration of the 15 years of the proposed LMD above are recommended by the advisory
committee for approval by the county commissioners. The Committee will track activities and
expenditures. The County staff will provide Committee support including monthly financial
reports.
7. In lieu of a $5,000 bond to cover the cost of the LMD process as authorized by RCW
36.61.030, the processing costs (postage, legal advertisements, paper and other necessary
costs to create the District) shall be paid from the Island Lake Lake Management Fund #199.
8. A public hearing on the formation of the proposed LMD No. 1 shall be held on Tuesday, July
8, 2025, at 9:15 a.m. in the Mason County Commission Chambers, 411 North 5th Street,
Shelton, WA.
ADOPTED this 10th day of June, 2025.
ATTEST:
________________________________
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
________________________________
Tim Whitehead Chief DPA
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
____________________________________
Sharon Trask, Chair
____________________________________
Pat Tarzwell, Vice Chair
____________________________________
Randy Neatherlin, Commissioner
C: LMD #1; Assessor; Treasurer; File