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Home My WebLink About2025/08/05 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 August 5, 2025 9:00 a.m. August 5, 2025 | Page 1 of 2 Aug. 5.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide comment and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (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. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – July 21 and July 28, 2025 Briefing Minutes and July 22, 2025 Regular Meeting Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8114022-8114331 $3,273,517.80 Direct Deposit Fund Warrant # 118112-118526 $1,030,230.91 Salary Clearing Fund Warrant # 7009035-7009062 $ 667,259.42 8.2 Approval of the Fiscal Year (FY) 2026-2027 Department of Commerce Consolidated Homeless Grant (CHG) interagency agreement in the amount of $7,453,546. 8.3 Approval of the Washington State Conservation Commission contract for the Voluntary Stewardship Program (VSP) in the amount of $290,000 from July 1, 2025 through June 30, 2027 and approval of amendment no. 5 to contract no. 19-053 with the Mason Conservation District as lead entity on the contract. 8.4 Approval of the Resolution extending the increased hourly rate for contracted felony Criminal Defense Attorneys from $125 an hour to $175 an hour through December 31, 2025. 8.5 Approval to purchase a new door through Cressy Door Company for the Sheriff’s Office parking lot for the estimated amount of $20,113.84 from Real Estate Excise Tax (REET) funds. 8.6 Approval to accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation no. 424. 8.7 Approval to acknowledge the County Engineer’s submission of the Highway Safety Improvement Program (HSIP) grant application to the Washington State Department of Transportation (WSDOT) and authorize the Chair to sign all pertinent documents related to the grant, including agreements and certifications, should funding be awarded. 8.8 Approval to set a Public Hearing for Tuesday, September 16, 2025 at 9:15 a.m. to review the 2026 Annual Construction Program and approval to set a Public Hearing for Tuesday, September 16, 2025 at 9:15 a.m. to review the Six-Year Transportation Improvement Program (TIP) for 2026-2031. 8.9 Approval for the Public Works Director and/or Deputy Director – Utilities and Waste Management to sign the 2025-2027 Local Solid Waste Funding Assistance (LSWFA) agreement. 8.10 Approval of the letter of support for Public Utility District (PUD) No. 1’s application to the Economic Development Association (EDA) 2025 Disaster Supplemental Grant Program for the Jorstad Substation. 8.11 Approval of the letter of support for Public Utility District (PUD) No. 3’s application to the Economic Development Association (EDA) 2025 Disaster Supplemental Grant Program for the Belfair Urban Growth Area (UGA) Electrical Projects. 8.12 Approval for Commissioner Neatherlin to sign the Exclusive Sale and Listing Agreement with Richard Beckman Realty Group, LLC for parcel no. 22005-53-00012, 1581 E Phillips Lake Loop Road. 8.13 Approval to reclass Maggie Huston from Administrative Assistant to Administrative Services Manager and revise the Administrative Services Manager position description to better generalize the role encompassing responsibilities for both the Prosecutor’s and Public Defender’s programs. 8.14 Approval of the Professional Services Contract with Angela Avery Law PLLC to assume the essential duties of the Chief Public Defender position from August 1, 2025 through December 31, 2025 in the amount of $51,594. 8.15 Approval of the letter of opposition to the Washington State Department of Ecology draft Tier II Anti- degradation Analysis for the Washington State Forest Practices Board’s proposed Western Washington Type Np Waters Buffer Rule. 8.16 Approval for the Public Works Director to execute Amendment No. 1 to the Solid Waste Drop Box Hauling and Regional Recycling Drop Station Program contract with Mason County Garbage and Recycling extending the contract to April 1, 2031 with two optional five-year automatic renewals subject to mutual written agreement. 8.17 Approval of the Resolution giving the County Administrator the authority to negotiate hourly contracts with Public Defense Misdemeanor Attorneys up to $150 an hour from August 4, 2025 through December 31, 2025. 8.18 Approval to vote for Clallam County Commissioner Randy Johnson as the County representative position on the Department of Natural Resource’s (DNR) Board of Natural Resources (BNR). 8.19 Approval of the Resolution Amending Resolution 2025-031 creating an Administrative Services Manager position in the Public Defense office at Range 34 on the Non-Represented Salary Schedule. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider approval of the five (5) 2024 Open Space applications as recommended by the Assessor’s Office and Community Development. Staff: Ciara Stiles and Kell Rowen 10.2 Public Hearing to consider public testimony for the amendments to Mason County Code Chapter 5.18 Temporary Outdoor Public Events (TOPE) and approval to continue the Public Hearing to Tuesday, August 19, 2025 at 9:15 a.m. to deliberate and vote on the TOPE amendments. Staff: Kell Rowen 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Kariann Rutledge Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: August 8th, 2025 No. 4.1 ITEM: Correspondence 4.1.1 Received Letters from Federal Energy Regulatory Commission regarding 2025 Safety Inspection Follow-Up, Cushman Project, Cushman No.1 Spillway Debris Removal Ramp, Cushman Project, and 2024 DSSMR, Cushman Project. 4.1.2 Received Letter from North Mason Chamber regarding Belair Sewer Extension Position. 4.1.3 Received Timberland Regional Library Board of Trustees Application from Patricia Bradley. 4.1.4 Received Letter from WA State County Road Administration Board in Regard to Withdrawal of Shelton Valley Road Culvert Replacement Project RAP Project Number 2322-01 (24-23-1153). Attachments: Originals on file with the Clerk of the Board. Received 07/24/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith,Loretta Swanson, Richard Dickinson Entry #: 38 - Timberland Regional Library (TRL) Board of Trustees Status: Submitted Submitted: 7/22/2025 8:05 AM Advisory Board Name: Timberland Regional Library (TRL) Board of Trustees Name: Patricia (Patti) Bradley Today's Date: 7/22/2025 Address Voting Precinct: Phone ( Email Community Service: School and Community Library Volunteer 40+ years Currently Treasurer William G Reed Friends of the Library Southside School District Strategic Planning Committee (2024-2025) Treasurer League of Women Voters of Mason County Volunteer in School Parent/Faculty Clubs, Youth Sports and Scouting 20+ years Employment: Library Assistant 6 years State Budget Analyst 6 years What do you perceive is the role or purpose of this advisory board? The Board of Trustees of the Timberland Regional Library is the governing and policy-making board for the five county library district. What interest or skills do you wish to offer this advisory board? A passionate interest in TRL's mission of inclusion and bringing people together. Knowledge of library operations from past employment and volunteering. Financial skills honed through past volunteer experiences, work history and education (Masters of Business Administration). Organized and detail oriented. List any financial, professional, or voluntary affiliations that could create a potential conflict of interest: If appointed, I would resign as my position as Friends Treasurer per TRL policy Required Training: Participation is dependent on attending certain trainings such as the Open Public Meetings Act (OPMA) and Public Records Act (PRA) trainings at no cost to you. Will you be able to attend such trainings? Yes or No: Yes How much time can you commit to this advisory board: Weekly Are you a U.S. citizen and Mason County resident? Yes *For Civil Service applications ONLY, what is your political party? Received 07/24/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith,Cheryl Heywood, Brenda Lane Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 July 21, 2025 | Page 1 of 2 Week of July 21, 2025 Monday, July 21, 2025 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Tarzwell, and Trask met in closed session for labor negotiation from 9:00 a.m. to 10:00 a.m. Travis Adams, Chris Pinkston, Kayla Brinckmeyer, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Auditor – Steve Duenkel Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Steve Duenkel shared that the Auditor’s Office plans to purchase three new recording system software features from Tyler Technologies: “Recording Access”, which will enable the public to electronically submit documents to the Recording department securely through and online portal; “eCertify” will enable a digital “Auditor’s” signature to be applied to certified PDF documents; and “Tyler Payments” provides credit card transaction services of in-house and over the counter use and will replace the current Vital Check system now used. To support this service, 2 ethernet terminals for credit card transactions will also be purchased and a $3.00 per transaction fee will be charged. 10:05 A.M. Public Health – Dave Windom Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Melissa Casey reported that the Community Action Council Department of Commerce Consolidated Homeless Grant Housing and Essential Needs Grant Contract has been received for a total of $7,453,546. Approved to move forward. • Melissa reported that the Coastal Community Action Council has declined to accept the recommended 2025-2027 Homeless Response Program funding allocations for the following: $1,231,595 for Housing and Essential Needs, $501,635 for Eviction Prevention, and $75,166 for Diversion/Coordinated Entry/Care Coordination. After discussion it was agreed to award funding of Housing & Essential Needs and Eviction Prevention to Crossroads Housing, and Diversion/Coordinated Entry/Care Coordination to be divided between Crossroads Housing and the Youth Connection. • Dave reported that there has been an increase in reports of finding bats in homes due to the time of year and reminded anyone who has found a bat to have that bat tested for rabies. Information will be added to the Public Health Facebook page. 10:15 A.M. Central Services – Travis Adams Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Jennifer Beierle shared that the Washington State Conservation Commission has provided a contract in the amount of $290,000 to support the Voluntary Stewardship Program (VSP) from July 1, 2025, through June 30, 2027. Approved to move forward. • Travis Adams shared that on April 23, 2025 Resolution 2025-026 raised the hourly rate for contracted felony Criminal Defense Attorneys from $125/hour to $175/hour and expires on August 31, 2025. Travis requested that Res. 2025-026 be extended until December 31, 2025, and to authorize a budget transfer of up to $100,000 from the Salaries and Benefits to Operations to be used if needed. Approved to move forward. • Travis shared that the Sheriff’s Office parking lot door needs replacement due to wear. Replacement would include an upgrade to a badge access system. An estimate for the project has been received in the amount of $20,113.84. Approved to move forward. • McKenzie Smith shared a request for a concurrence on the appointment of Susan Hettinger to the Timberland Regional Library Board of Trustees for Thurston County’s at-large position. Commissioner Trask noted that Thurston County has not yet approved Mason County’s appointee and requested that Mason County’s letter of support for Thurston County’s appointment be withheld until a response is received. If Thurston County approves Mason County’s appointee, the letter will be signed. If not, the matter will be brought back for further discussion. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 July 21, 2025 | Page 2 of 2 • Cmmr. Neatherlin asked Travis to reach out to the Farm Bureau to discuss the creation of an Agriculture Committee and invite Larry Bolt to brief the Commission on a proposal that would work specifically for Mason County. • Cmmr. Tarzwell discussed ongoing concerns raised by property owners at Lost Lake, where wake activity is reportedly causing significant shoreline and dock damage. Cmmr’s discussed possible regulatory approaches, including restrictions based on lake size, speed limits and motor types. Travis will gather additional information and bring this back to the Board for discussion. 10:40 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Mike Collins and Tina Schaefer shared the recommendation of the Hearing Examiner for Road Vacation No. 424 and stated that compensation has already been paid. Approved to move forward. • Mike requested authorization for the County Engineer to submit the 2025 Highway Safety Improvement Program (HSIP) grant application for the Cloquallum Road safety project and allow the Chair to sign all pertinent documents related to the grant. Approved to move forward. • Mike requested approval to schedule two public hearings for September 16, 2025, for the 2026 Annual Construction Program and the Six-Year Transportation Improvement Program (TIP) for 2026-2031. Approved to move forward. • Richard Dickinson requested authorization for the Public Works Director and/or Deputy Director of Utilities and Waste Management to sign the 2025-2027 Local Solid Waste Funding Assistance (LSWFA) agreement. The Board would like to see what options there are for using this grant in the future. Approved to move forward. • Richard requested approval to advertise for the Wastewater Manager position and to allow Lind say Beam to step up temporarily as the point person during this vacancy. Approved to move forward. • Mike reported that 350 road striping miles have been completed, and a more reflective paint is now being used. Paving has been completed between Matlock and Schaefer State Park, they have assisted the City of Shelton with a few downtown paving projects, and chipseal programs have begun. Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board Prepared by Cami Olson BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 July 28, 2025 | Page 1 of 2 Week of July 28, 2025 Monday, July 28, 2025 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Tarzwell, and Trask met in closed session for labor negotiation from 9:00 a.m. to 10:00 a.m. Travis Adams, Chris Pinkston, Kayla Brinckmeyer, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Public Health – David Windom Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Melissa Casey provided an update on the Fiscal Year (FY) 2026-2027 Homeless Response System funding awards. Subcontracts are being finalized and will be effective July 1, 2025, once formally approved. • Dave will discuss open positions on the Board of Health next week. 10:05 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Commissioners discussed the letter from Mason County Garbage & Recycling regarding the notice of rates for the proposed new contract related to hauling of transfer station solid waste and recycling containers and renewing the current contract for a five -year term. 10:10 A.M. Central Services – Travis Adams Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Jeff Slakey, CTE Academy Navigator for the Shelton School District, shared a Career Connected Learning and CTE Academy Partnership Opportunity presentation. Information included the Shelton Success Strategic Plan for 2022-2027 and priorities and initiatives summary as well as the “From Classroom to Career” newsletter. This would allow the school district to partner with Mason County for internship opportunities. • Kim Monroe discussed the Chief Public Defender position. Angela Avery Law offered to contract from August 1, 2025, through December 31, 2025, to assist Mason County. Approved to move forward. • Kim requested to reclass Maggie Huston from Legal Assistant to Administrative Services Manager after reviewing and updating that job position to fit with the Public Defenders office. • Travis shared the letter of support request from Public Utility District (PUD) No. 1 for their application to the United States (U.S.) Economic Development Association (EDA) 2025 Disaster Supplemental Grant Program fund the rest of their grid resiliency project for Jorstad Creek in Lilliwaup. Approved to move forward. • Travis shared the letter of support request from PUD No. 3 for their application to the U.S. EDA 2025 Disaster Supplemental Grant Program to fund Phase 3 of their Olympic Ridge Substation. Approved to move forward. • Travis discussed listing parcel no. 22005-53-00012, 1581 E Phillips Lake Loop Road. This parcel was not sold at the Tax Title foreclosure auction. Per RCW 36.35.150(d), the County can sell the parcel via direct negotiation. Cmmr. Neatherlin requested to work with Richard Beckman on finding parcels for Habitat for Humanity. Approved to move forward. • Jennifer Beierle shared that the Mason Conservation District Voluntary Stewardship Program (VSP) has an amendment for $40,000 for guidelines for capital. Approved to move forward. • Travis provided an update regarding the Island Lake, Lake Management District (LMD) ballot return process. The Auditor’s Election Office has offered to manage the return and verification of the ballots. • Travis shared that Joint Animal Services (JAS) met with Sheriff’s Office to discuss animal control services and will brief their discussion at the August 11 briefing. • Travis discussed a request for the batting cages to be open through the winter months. Park’s staff do maintenance and repair during this time but are willing to rent the batting cages during that time. • Travis had Chris try to reach out to the Farm Bureau to talk about the Agriculture Committee but has not received a response yet. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 July 28, 2025 | Page 2 of 2 • Travis discussed raising the hourly rate from $100 an hour to $150 an hour for contracted misdemeanor Criminal Defense Attorneys. Approved to move forward. • Travis shared that the Washington State Recreation Conservation Office did an inspection of Oakland Bay Park and received a clean report. • Cmmr. Neatherlin discussed comprehensive plan and shared what is required by law. Commissioners recommended paring down the comprehensive plan. • Cmmr. Tarzwell shared a request to have a convention of counties in Washington to give counties the ability to stand up against the state on things such as unfunded mandates. One suggestion was that each County would have a senator. Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 July 22, 2025 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Richard Dickenson led the flag salute. 3. Roll Call – Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent notice of special occasion license for Shelton Skookum Rotary Club Foundation and Harstine Island Community Club. 4.1.2 Federal Energy Regulatory Commission sent notice regarding an extension to submit the Spillway Training Wall Joint Assessment Report for the Cushman No.1 Spillway Development, Cushman Project. 4.1.3 Jerry T.C. Ohail sent a letter regarding a dead tree on County road Right-of-Way. 5. Open Forum for Citizen Input Tiana Dunbar, Economic Development Council, announced that the annual membership appreciation event will be held on Thursday, August 14, 2025, between 3 – 6 p.m. at the Ridge Motorsports Park. Highlights will include go carts, race car rides, air show, beer and wine and charcuterie. Tickets will be on sale soon. 6. Adoption of Agenda Cmmr. Tarzwell/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 7. Approval of Minutes Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the July 7 and 14, 2025 Briefing Minutes, Ju ly 8, 2025 Regular Meeting Minutes, and July 14, 2025 Special Meeting Minutes as presented. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8113814-8114021 $ 929,337.54 Direct Deposit Fund Warrant # 117699-118111 $1,032,123.38 Salary Clearing Fund Warrant # 7008998-7009034 $1,398,207.45 8.2 Approval to appoint Travis Adams as County Administrator and negotiate the contract. 8.3 Approval of the Resolution adopting the 2025-2026 Comprehensive Economic Development Strategy (CEDS) list as recommended by the Economic Development Council (EDC). (Exhibit A, Resolution No. 2025-047) 8.4 Approval of the following Mason County Officers, Employee’s and former Employee’s, pursuant to Mason County Ordinance 06-18, request for Defense & Indemnification coverage assigned by the County as named defendants in the case of John L. Corrigan, Sr. v Mason July 22, 2025 | Page 2 of 4 County, et al., case no. 25-2-00390-23, served upon the county on June 30, 2025 via Auditor’s Office: Stephen Greer, Patsy Robinson, and Anne Mullen. 8.5 Approval to purchase an air conditioning (AC) unit for the Building 10 server room for an estimated cost of $13,627.03 from the Real Estate Excise Tax (REET) funding. 8.6 Approval to allow the County Administrator to sign the Closeout De-Obligation Certification for the Jail Study Community Development Block Grant (CDBG) to de-obligate $345,467.89 of the un-spent grant funds. 8.7 Approval to allocate funds from the Treatment Sales Tax (TST) to expand the County’s Co-Responder program in the amount of $5,400 for the first year (2026) and $32,571.68 for the second year (2027), to close the required funding gap of a grant awarded by the Washington Association of Sheriffs and Police Chiefs (WASPC). 8.8 Approval of the Community Action Council contract amendment for Consolidated Homeless Grant (CHG) Housing and Essential Needs (HEN) funding in the amount of $220,000 for a period of two months. 8.9 Approval to allow the Director of Public Health to sign the Local Solid Waste Financial Assistance Program (LWSFAP) Contract renewal with the Department of Ecology (DOE) for $175,352. DOE provides $131,514 and Mason County provides $43,838 from solid waste tipping fees. 8.10 Approval to authorize Public Works to advertise a Request for Quotes (RFQ) for the hauling of biosolids and execute a two-year contract with a total of three one-year automatic renewal options. Cmmr. Neatherlin/Tarzwell moved and seconded to approve action items 8.1 through 8.10. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 9. Other Business (Department Heads and Elected Officials) Steve Duenkel, Auditor, shared that there is a potential competitor for the vote-by-mail ballots and his office plans to evaluate this vendor later this year for possible improvements in service, security and cost-effectiveness for jurisdictions and taxpayers. Additionally, a new voting system from a tabulation machine supplier has recently been certified under the latest Federal Elections Assistance Commission standards, and his office will be reviewing this systems election security features and ballot processing integrity. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider adopting a resolution to send the proposed establishment of the Island Lake Management District (LMD) # 1 to a vote of the property owners within the proposed district. Staff: Jennifer Beierle. (Exhibit B, Resolution No. 2025-048) Jennifer Beierle presented at the public hearing regarding the proposed formation of Lake Management District (LMD) No. 1 for Island Lake, following Resolution 2025-042. Approximately 46% of property owners have signed petitions in favor, and the Board will consider forwarding the proposal to a vote of the affected property owners within the proposed district. Ballots will be mailed on Monday, July 28, 2025, and must be returned by 5:00 p.m. on Monday, August 25, 2025, to the Office of the County Commissioners at 411 North 5th Street in Shelton. Questions were asked about the assessment of state-owned fishing access property, ballot verification and mailing of non-county residents, and how assessments apply to state property with no assessed value. It was confirmed that the state would be included in the assessment and ballot process, with signature verification coordinated through the county of July 22, 2025 | Page 3 of 4 voter registration, and ballots sent to addresses on file. State property is exempt from property tax valuation but would still be part of the assessment. Testimony Jeff Conklin, current and former member of the expired Lake Management District (LMD), provided a history and discussed future goals for managing Island Lake. The previous LMD focused primarily on spraying to control Eurasian milfoil, which was effective but raised concerns about side effects and the overall health of the lake. The new LMD aims to take a broader approach to lake health, including testing and research, with an initial budget of $50,000 (compared to past annual costs of $12,000–$15,000). Marine biologist Mike Jones, through his initiative “Island Lake Science,” is partnering with the LMD to provide free monitoring and educational programs, including underwater drone surveys and student research opportunities. The goal is to ensure long-term stewardship of Island Lake, protect property values, and maintain the lake’s ecological integrity. Bill Crabtree, a new Island Lake resident, voiced concerns about forming the LMD without a clear management plan or proven effectiveness of past treatments, emphasizing the need for state and county involvement and enforcement at the public boat launch to prevent contamination. While not opposed to the LMD, he stressed that efforts will be ineffective without broader government participation. Todd Fague, former leader of the Island Lake LMD, emphasized that all past chemical treatments were approved by the Department of Ecology. He supported bringing in specialists and marine biologist Mike Jones to determine the best management approach, noting that expert guidance is essential for the lake’s future. Steven Whitehouse, a longtime Island Lake resident, stated that past treatments were effective but require ongoing monitoring and retreatment. He explained that the first-year funding is primarily for planning and expert guidance, as costs cannot be fully determined until assessments are done. He noted that while the state and county contribute to the problem, they have historically provided no support, leaving property owners to address the issue themselves. He urged support to allow residents to vote on funding the LMD. Comment letters from John Noceti and Randy Lewis were read into the record. Roger Monson, a new Island Lake property owner, expressed support for the initial study, noting it is crucial for determining the lake’s needs scientifically and is money well spent. He highlighted the value of having a resident marine biologist, Mike Jones, leading much of the work at little to no cost. Drawing from his experience with a lake management program in Eastern Washington, he observed that such efforts are typically driven by local residents rather than state or county contributions. Cmmr. Neatherlin/Tarzwell moved and seconded to adopt a resolution to submit the establishment of the Lake Management District No. 1 to a vote of the property owners within the proposed district. Motion carried unanimously. Neatherlin-aye; Tarzwell- aye; Trask-aye. 10.2 Approval to continue the Public Hearing to consider the approval of the five (5) 2024 Open Space applications as recommended by the Assessor’s Office and Community Development to Tuesday, August 5, 2025 at 9:15 a.m. Staff: McKenzie Smith July 22, 2025 | Page 4 of 4 McKenzie Smith requested the Public Hearing to consider the approval of the five (5) 2024 Open Space applications be continued to August 5, 2025 at 9:15 a.m. to ensure that proper notice has been given to the applicants. Cmmr. Neatherlin/Tarzwell moved and seconded to continue the Public Hearing of the five (5) Open Space applications to August 5, 2025 at 9:15 a.m. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:58 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board Prepared by Cami Olson BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.1 From: Kariann Rutledge Ext: 380 Department: Central Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text.Agenda Date(s): 08/05/2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8114022-8114331 $ 3,273,517.80 Direct Deposit Fund Warrant # 118112-118526 $ 1,030,230.91 Salary Clearing Fund Warrant # 7009035-7009062 $ 667,259.42 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 28,242,676.22 Direct Deposit YTD total $ 13,734,306.56 Salary Clearing YTD total $ 13,803,311.53 Budget Impact (amount, funding source, budget amendment, etc.): See above. Public Outreach: N/A Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachment(s): Originals on file with Financial Services and the Treasurer’s Office; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.2 From: Melissa Casey Ext: 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 6/9/25, 7/21/25 Agenda Date(s): 8/5/25 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: FY 26-27 Consolidated Homeless Grant Contract Background/Executive Summary: The Department of Commerce contracts with Mason County directly to fund homelessness crisis response systems and to assist people who are experiencing or are at risk of homelessness to obtain or maintain housing. RCW 43.185C authorizes the local government’s responsibility to administer these funds. All funding sources identified in the Consolidated Homeless Grant (CHG) must be prioritized for preserving and maintaining existing programs and service levels, as reported to Commerce in the SFY 2024 Annual Expenditure Report. Contract to be executed via DocuSign. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Funding sources are state and local grants and local document recording fees; $6,853,896 to be subcontracted to service providers, and $599,650 will be retained by the County for Administration Public Outreach: Followed a competitive bid process per Resolution No. 2025-015 to select service providers; subcontracts to be briefed after approval of contract with Commerce Requested Action: Move FY26-27 Consolidated Homeless Grant contract to 8/5/25 action agenda for approval Attachment(s): FY26-27 CHG Mason Contract Interagency Agreement with Mason County Public Health & Human Services through Housing Division Homelessness Assistance Unit Contract Number: 26-46108-20 For Consolidated Homeless Grant Dated: July 1, 2025 Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 2 of 13 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 3 WASHINGTON STATE DEPARTMENT OF COMMERCE ............................................................................................. 3 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 4 1. AUTHORITY ...................................................................................................................................................... 4 2. CONTRACT MANAGEMENT ............................................................................................................................. 4 3. COMPENSATION .............................................................................................................................................. 4 4. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 4 5. SUBCONTRACTOR DATA COLLECTION ............................................................................................................. 5 6. INSURANCE ...................................................................................................................................................... 5 7. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 6 8. ORDER OF PRECEDENCE .................................................................................................................................. 6 GENERAL TERMS AND CONDITIONS ....................................................................................................................... 7 1. DEFINITIONS .................................................................................................................................................... 7 2. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 7 3. AMENDMENTS ................................................................................................................................................ 7 4. ASSIGNMENT ................................................................................................................................................... 7 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ........................................................................... 7 6. COPYRIGHT ...................................................................................................................................................... 8 7. DISPUTES ......................................................................................................................................................... 8 8. GOVERNING LAW AND VENUE ........................................................................................................................ 9 9. INDEMNIFICATION .......................................................................................................................................... 9 10. LICENSING, ACCREDITATION AND REGISTRATION ........................................................................................... 9 11. RECAPTURE...................................................................................................................................................... 9 12. RECORDS MAINTENANCE ................................................................................................................................ 9 13. SAVINGS .......................................................................................................................................................... 9 14. SEVERABILITY ................................................................................................................................................... 9 15. SUBCONTRACTING .......................................................................................................................................... 9 16. SURVIVAL ....................................................................................................................................................... 10 17. TERMINATION FOR CAUSE............................................................................................................................. 10 18. TERMINATION FOR CONVENIENCE ................................................................................................................ 10 19. TERMINATION PROCEDURES ......................................................................................................................... 10 20. TREATMENT OF ASSETS ................................................................................................................................. 11 21. WAIVER ......................................................................................................................................................... 11 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 12 ATTACHMENT B: BUDGET .................................................................................................................................... 13 Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 3 of 13 Face Sheet Contract Number: 26-46108-20 Washington State Department of Commerce Housing Division Homelessness Assistance Unit (HAU) 1. Contractor 2. Contractor Doing Business As (as applicable) Mason County Public Health & Human Services 415 N 6th Street Shelton, WA 98584 2300 Kati Ct. Suite A Shelton, WA 98584 3. Contractor Representative 4. COMMERCE Representative Todd Parker Community Health Specialist (360) 427-9670 x 293 tparker@masoncountywa.gov Tia Stoner Contract Manager 360-725-5060 Tia.Stoner@Commerce.wa.gov 1011 Plum ST SE Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $7,453,546.00 Federal: State: Other: N/A: July 1, 2025 June 30, 2027 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A 0001893-04 232-002-101 N/A 14. Award Method Direct: Competitive: ☐ NOFO/RFX # N/A Proviso # N/A 15. Contract Purpose This grant provides resources to fund homelessness crisis response systems and to assist people who are experiencing or are at risk of homelessness to obtain or maintain housing. All funding sources identified in the Consolidated Homeless Grant must be prioritized for preserving and maintaining existing programs and service levels, as reported to Commerce in the SFY 2024 Annual Expenditure Report. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: SFY 2026 and 2027 CHG Application and Budget workbook, CHG Guidelines (as they may be revised from time to time), Contractor Terms and Conditions including Attachment “A” - Scope of Work, Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE Sharon Trask, County Commissioner Date Tedd Kelleher, Interim Assistant Director Housing Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 4 of 13 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $7,453,546.00. for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation shall be based on the terms of the Scope of Work and Budget. Expenses Grantee shall receive reimbursement for approved expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Grantee for authorized expenses shall not exceed $7,453,546.00. This amount is included in the Grant total above. If travel is required to complete the scope of work and is approved in advance in writing, reimbursable travel expenses may include airfare (economy or coach class only), other transportation, lodging, and food necessary during periods of required travel. Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of deliverables or services provided and receipt of properly completed invoices, which shall be submitted to COMMERCE via the Contracts Management System (CMS). The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and any expenses to be reimbursed. The invoice shall include Grant Number 26-46108-20. If applicable, Grantee must also include attachments that describe and document, to COMMERCE's satisfaction, a detailed description of the work performed, progress of the project, and/or receipts or other proof of payment. Except for approved indirect costs, if any, or as otherwise authorized by COMMERCE in writing, a receipt must accompany every expense in the amount of $50.00 or more to receive reimbursement. COMMERCE may request additional documentation at any time. Any expense reimbursed under this Grant which is later determined to be unallowable must be repaid according to the terms COMMERCE provides. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be made electronically utilizing Grantee’s Statewide Vendor (SWV) number. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 5 of 13 COMMERCE may, in its sole discretion, terminate this Grant or withhold payments if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. No payments in advance of or in anticipation of any expense reimbursable under this Grant shall be made by COMMERCE If subgranting and/or subcontracting is authorized by COMMERCE, all Subgrantee/Subcontractor payments are reimbursable expenses within the meaning of this Agreement. Grantee must have, and may be required to demonstrate, the means to pay each and every Subgrantee/Subcontractor. Failure to pay Subgrantees/Subcontractors as agreed may result in suspension or termination of this Grant. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. Unless otherwise authorized by COMMERCE in writing, reimbursable payroll costs shall not include employee overtime nor bonus pay. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority- owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program and shall be responsible for losses for which it is found liable. Additionally, the Contractor is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Subgrant activity but no less than $1,000,000 per occurrence. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 6 of 13 Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:  Applicable federal and state of Washington statutes and regulations Special Terms and Conditions  General Terms and Conditions  Attachment A – Scope of Work  Attachment B – Budget  CHG Guidelines, incorporated by reference on the Face Sheet. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 7 of 13 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Washington Department of Commerce. C. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. “State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 8 of 13 B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that 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 member to the Dispute Board. The members so appointed 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 Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 9 of 13 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 10 of 13 Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this Contract in a timely manner, COMMERCE has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the Contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Contract, COMMERCE, in addition to any other rights provided in this Contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 11 of 13 After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 12 of 13 Attachment A: Scope of Work A. Consolidated Homeless Grant funding must be prioritized for preserving and maintaining existing programs and service levels, as reported to Commerce in the SFY 2024 Annual Expenditure Report. B. Contractor shall commit to operating a high-performing crisis response system in their county by: a. Assessing each household’s housing needs and facilitating housing stability with the goal of obtaining or maintaining permanent housing. b. Employing a progressive engagement service model. c. Prioritizing households most likely to become homeless when using homelessness prevention rent assistance. d. Being anti-racist leaders in their crisis response systems and facilitate partnerships among organizations that respond to the disproportionality in services and outcomes for communities that may not seek assistance from mainstream organizations. e. Prioritizing funding to preserve and maintain existing programs and service levels, as reported to Commerce in the SFY 2024 Annual Expenditure Report. C. Contractor shall submit the following monthly deliverables on time with truthful, accurate information: a. An Invoice and Voucher Detail Worksheet, along with at a minimum, a General Ledger generated from the organization’s accounting system. The General Ledger must include transaction-level detail for all costs that have been paid and are being claimed for reimbursement. These documents are due by the 20th of the month following the month in which services were provided. D. Contractor shall submit the following deliverables on time with truthful, accurate information: a. Local Homeless Housing Plan and Annual Report. b. Annual County Expenditure Report/Homeless Housing Inventory including Point-In-Time Count information. c. HEN Essential Needs Report. d. Grantees shall commit to reporting quality timely HMIS data. E. Contractor shall comply with all of the requirements, policies and procedures in the Consolidated Homeless Grant Guidelines, including the Washington State Coordinated Entry Guidelines. F. Performance Requirements: a. Housing Outcomes: For each intervention type funded by the Consolidated Homeless Grant, grantees must adopt the required housing outcome performance measure outlined in the Consolidated Homeless Grant Guidelines, Appendix D, Table A. Grantees must improve housing outcomes by making progress towards the statewide performance target. b. Equitable Outcomes: For each of the required housing outcome performance measures, outcomes across racial and ethnic demographics should not be significantly less than the overall rate. The “overall rate” refers to the rate of a particular intervention type’s total exits to positive outcomes. This is inclusive of all ethnic or racial categories. c. Equitable Access: While not a formal performance measure that will be monitored, grantees are expected to use equitable access data to identify underserved populations, assess the impact of their access strategies and work to improve equitable access as needed. Grantees can access this data through the Washington Balance of State Equitable Access Dashboard which compares the race and ethnicity of households entering the homeless system (HMIS) to the race and ethnicity of the homeless and unstably housed populations (The Snapshot Report) . Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B ________________________________________________________________________________________________________ Page 13 of 13 Attachment B: Budget Budget Total Standard (SFY 2026 and 2027) Standard Admin $38,165.00 Standard Rent $0.00 Standard Facility Support $0.00 Standard Operations $385,898.00 Homelessness Prevention (SFY 2026 and 2027) Homelessness Prevention Admin $372,627.95 Homelessness Prevention Rent $774,238.40 Homelessness Prevention Operations $614,968.65 Emergency Housing (SFY 2026) Emergency Housing Admin 2026 $203,845.20 Emergency Housing Rent 2026 $0.00 Emergency Housing Facility Support 2026 $288,790.96 Emergency Housing Operations 2026 $412,175.85 Emergency Housing (SFY 2027) Emergency Housing Admin 2027 $203,845.20 Emergency Housing Rent 2027 $0.00 Emergency Housing Facility Support 2027 $288,790.96 Emergency Housing Operations 2027 $412,175.85 Inflationary Increase (SFY 2026 and SFY 2027) Inflation Increase 2026 $183,100.00 Inflation Increase 2027 $183,100.00 Document Recording Fee (DRF) Backfill (SFY 2026) DRF Backfill 2026 $424,582.00 HEN (SFY 2026) HEN Admin 2026 $302,065.00 HEN Rent/Fac Support 2026 $368,694.00 HEN Operations 2026 $662,862.00 HEN (SFY 2027) HEN Admin 2027 $302,065.00 HEN Rent/Fac Support 2027 $368,694.00 HEN Operations 2027 $662,862.00 TOTAL $7,453,546.00 Docusign Envelope ID: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B Certificate Of Completion Envelope Id: 5C23CBA2-E2E6-4060-B1CB-97AD27622E5B Status: Sent Subject: Mason CHG 26-27 Local Government.07.08.25.pdf Division: Community Services and Housing Program: HAU ContractNumber: 26-46108-20 DocumentType: Contract Source Envelope: Document Pages: 13 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 1 Tia Stoner AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 tia.stoner@commerce.wa.gov IP Address: 147.55.149.191 Record Tracking Status: Original 7/8/2025 12:48:20 PM Holder: Tia Stoner tia.stoner@commerce.wa.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: Docusign Signer Events Signature Timestamp Julie Montgomery julie.montgomery@commerce.wa.gov Washington State Department of Commerce Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.239.10.174 Sent: 7/8/2025 12:53:06 PM Viewed: 7/11/2025 6:30:25 AM Signed: 7/11/2025 2:11:09 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Sharon Trask strask@masoncountywa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/26/2025 6:41:33 AM ID: 09dc6bd3-d618-4c24-95dd-b8b582f785f9 Kathy Kinard Kathy.Kinard@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Tedd Kelleher tedd.kelleher@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Todd Parker tparker@masoncountywa.gov Security Level: Email, Account Authentication (None)Using IP Address: 216.235.103.241 Sent: 7/11/2025 2:11:10 PM Viewed: 7/11/2025 3:04:20 PM Electronic Record and Signature Disclosure: Accepted: 7/11/2025 3:04:20 PM ID: f1342183-0483-401d-bd71-4ba125f6e21e Melissa Casey mcasey@masoncountywa.gov Security Level: Email, Account Authentication (None) Sent: 7/11/2025 3:04:20 PM Electronic Record and Signature Disclosure: Not Offered via Docusign McKenzie Smith msmith@masoncountywa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/4/2024 9:23:04 AM ID: 82111dc4-ebba-4a24-92d0-6a025d84e002 Carbon Copy Events Status Timestamp Tia Stoner tia.stoner@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Todd Parker tparker@masoncountywa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/11/2025 3:04:20 PM ID: f1342183-0483-401d-bd71-4ba125f6e21e Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/8/2025 12:53:06 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.3 From: Jennifer Beierle Ext: 532 Department: Central Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 7/21/2025 Agenda Date(s): 8/5/2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Washington State Conservation Commission Contract for the Voluntary Stewardship Program Background/Executive Summary: The Washington State Conservation Commission has provided a contract in the amount of $290,000 to support the Voluntary Stewardship Program (VSP) from July 1, 2025 through June 30, 2027. The County contracts with Mason Conservation District to serve as a Lead Entity for the VSP responsible for completing a VSP Work Plan as detailed in RCW36.70A.700-790. The VSP is an option incentive- based program approach to protecting critical areas while promoting agriculture. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): None Public Outreach: N/A Requested Action: Approval of the contract with the Washington State Conservation Commission for the Voluntary Stewardship Program (VSP) in the amount of $290,000 from July 1, 2025, through June 30, 2027 and approval interlocal agreement amendment #5 to contract #19-053 with Mason Conservation District as the lead entity on the contract. Attachment(s): Washington State Commission Formal Contract Draft Mason Conservation District Amendment #5 to Contract #19-053 VSP 2025-27 Biennium Contract Between the WSCC and County - Page 1 of 23 2025-2027 Biennium Contract No. K2620 BETWEEN The Washington State Conservation Commission AND Mason County FOR Voluntary Stewardship Program THIS AGREEMENT (herein “agreement” or “contract”) is made and entered into by and between the Washington State Conservation Commission, hereinafter referred to as “COMMISSION” and Mason County, hereinafter referred to as “COUNTY”. COMMISSION and the COUNTY may be collectively referred to herein as the “parties”. IT IS THE PURPOSE OF THIS AGREEMENT to provide funding to the COUNTY for implementing the work plan as required for the Voluntary Stewardship Program (VSP), consistent with RCW 36.70A.700-760 and related statutes. THEREFORE, IT IS MUTUALLY AGREED THAT the COMMISSION will provide funding consistent with the terms of this contract, the policies of the COMMISSION, and the laws of the State of Washington; and the COUNTY will implement the terms of this contract with the funding provided consistent with the policies of the COMMISSION and the laws of the State of Washington. 1.0 PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance (effective date) of this agreement shall be from July 1, 2025, through June 30, 2027, unless either extended by agreement of the parties or terminated sooner, as provided herein. 2.0 SCOPE OF WORK It is the intent of the parties that the COUNTY will perform its duties consistent with the timelines set forth in RCW 36.70A.720-735, subject to available funding, and subject to state contracting requirements. The COUNTY shall furnish the necessary personnel, equipment, material and/or service(s), or contract with third parties to accomplish the same, and VSP 2025-27 Biennium Contract Between the WSCC and County - Page 2 of 23 otherwise do all things necessary for or incidental to the performance of the work set forth herein. The COUNTY shall report in writing within 30 days any problems, delays or adverse conditions that will materially affect their ability to meet project objectives or time schedules stated herein. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed to resolve the situation. The COUNTY shall complete the work listed in APPENDIX B – SCOPE OF WORK, herein. 3.0 FUNDING AVAILABILITY AND COSTS The parties expect legislative appropriation for this work shall not exceed $290,000. Payment for satisfactory performance of the work accomplished under this agreement shall not exceed this amount. The COMMISSION’S ability to make payments is contingent on availability of funding. In the event funding from the state is withdrawn, reduced, limited or otherwise determined by the COMMISSION to be inadequate in any way after the effective date and prior to completion or expiration date of this agreement, the COMMISSION, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. The COMMISSION may also elect to suspend performance of the agreement until the COMMISSION determines the funding insufficiency is resolved. Should the COMMISSION determine funding needs to be reduced, the COMMISSION will provide 30-days’ notice of an intent to reduce the amount of funding available under this agreement. 3.1 Eligible Costs The COMMISSION will pay the following costs, but only upon full COUNTY compliance with APPENDIX C – BILLING PROCEDURE, the VSP Program Guidelines (Guidelines), and SCC Grants and Contract Policy and Procedure Manual (Manual). See Guidelines and Manual on SCC website.  Salaries and benefits, up to 25% indirect of salaries and benefits is allowed on COUNTY personnel or any district subcontractor personnel designated by the COUNTY to qualify for indirect costs.  Travel, consistent with State Administrative and Accounting Manual (SAAM) and OFM requirements.  Training, consistent with State Administrative and Accounting Manual (SAAM) and OFM requirements.  Meeting rooms and light refreshments for working meetings. Reimbursement must comply with State Administrative and Accounting Manual (SAAM) and OFM requirements.  Goods and Services including: Copy/print, facilitation, reports, studies, research and document preparation, which may be accomplished through either staff efforts or VSP 2025-27 Biennium Contract Between the WSCC and County - Page 3 of 23 qualified contractors. Contractor services shall comply with State procurement and contracting law, as well as Manual.  Equipment. Equipment is defined in Manual. The COUNTY agrees and understands that pre-approval by the COMMISSION is required for equipment purchases over $2,000. All equipment should be directly related to the activities of the watershed group and the implementation of the VSP including Monitoring activities.  Cost Share and District Implemented Project costs as specified in 3.2 and in compliance with VSP Guidelines and Manual. 3.2 Cost-Share Programs & District Implemented Projects The COUNTY may choose to offer a cost-share program or a District Implemented Project (DIP) program to achieve the goals and objectives of the county work plan and RCW Chapter 36.70A. If the COUNTY so chooses to offer a cost-share program or DIP to VSP participants using funds provided under this contract, the COUNTY hereby agrees that COMMISSION cost-share and DIP policies and procedures as outlined in the Grants and Contract Policy and Procedure Manual will be abided by, regardless of who is administering the cost-share or DIP program (the COUNTY or some other entity on behalf of the COUNTY). If the COUNTY will directly administer a DIP program the COUNTY must request an approval for an exception to the Manual. Further, the COUNTY must comply with APPENDIX C – BILLING PROCEDURE and the VSP Program Guidelines for 2025-2027 Biennium. 3.3 Disallowed Costs The COUNTY is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors (such as consultants), and Agent or Subcontractor. If the COUNTY expends more than the amount of the COMMISSION funding in this agreement in anticipation of receiving additional funds from the COMMISSION, it does so at its own risk. The COMMISSION is not legally obligated to reimburse the COUNTY for costs incurred in excess of this agreement. 3.4 Insufficient Funds The obligation of the COMMISSION to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this contract crosses over state fiscal years, the obligation of the COMMISSION is contingent upon the appropriation of funds during the next fiscal year. The failure of the legislature or federal agencies to appropriate or allot such funds to the program shall be good cause to terminate this contract and for the Executive Director of the COMMISSION to determine that the watershed has not received adequate funding to implement the program consistent with RCW 36.70A.735 (2) (d). VSP 2025-27 Biennium Contract Between the WSCC and County - Page 4 of 23 3.5 Method of Compensation Payment shall be made on a reimbursable basis only for costs or obligations. Eligible costs incurred by the COUNTY will be considered to have been paid by the COUNTY under this contract at the time the COUNTY seeks reimbursement from the COMMISSION. No payments in advance of or in anticipation of goods or services to be provided under this agreement shall be made by the COMMISSION. The COUNTY must fully comply with APPENDIX C- BILLING PROCEDURE to be eligible for reimbursement. 3.6 Duplication of Billed Costs COUNTY shall not bill COMMISSION for services performed under this contract, and the COMMISSION shall not pay COUNTY, if COUNTY is entitled to payment or has been or will be paid by any other source, including grant funds, for that service. COUNTY shall return to COMMISSION any payments made contrary to this paragraph. 4.0 ASSIGNMENT The COUNTY may not assign this contract. The COUNTY may, however, delegate the work to be completed under this agreement to an Agent. Any such Agent shall comply with the requirements of this agreement. Within any such delegation the COUNTY shall remain liable for any claim arising thereunder, and the COUNTY shall remain responsible for compliance with this agreement and RCW 36.70A.700-735, and with all applicable Federal, State and local laws, orders, regulations and permits. COUNTY retains the right to subcontract any portion or portions of the work as it deems necessary to complete the work. If COUNTY chooses to delegate tasks to a lead entity (Agent) for VSP, a copy of the subcontract must be sent to the Commission’s VSP Contract Manager identified in APPENDIX C – BILLING PROCEDURE as soon as the subcontract has been signed by both parties. 5.0 CONTRACT MANAGEMENT Each party shall assign a specific individual to be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. Those individuals will be set out in APPENDIX D – RESPONSIBLE INDIVIDUALS herein incorporated by reference. If for any reason the individuals identified in Appendix D change, the parties agree to immediately identify and notify each other of another in writing of the new responsible individual for this agreement. 6.0 TERMINATION The COUNTY may terminate this agreement upon 30-days' prior written notification to the COMMISSION. If this agreement is terminated by the COUNTY, the COUNTY shall be reimbursed only for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. If this agreement is terminated by the COMMISSION, the COUNTY shall be reimbursed only for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of VSP 2025-27 Biennium Contract Between the WSCC and County - Page 5 of 23 termination. If the COUNTY terminates this agreement prior to the work plan’s approval, or prior to when the work plan’s goals and benchmarks are met, the COUNTY may be subject to the requirements of RCW 36.70A.735 and related statutory sections. The COMMISSION may terminate this agreement upon 30-days’ prior written notification to the COUNTY for cause, or for an action which may constitute a material breach of this contract in accordance with Section 7.0 BREACH: The COUNTY or the COMMISSION may terminate this agreement upon 60-days’ prior written notification for convenience, without any showing of cause. 7.0 BREACH The COUNTY shall not be relieved of any liability to the COMMISSION for damages sustained by the COMMISSION and/or the State of Washington because of any breach of contract by the COUNTY. The COMMISSION may withhold payments for the purpose of setoff until such time as the exact amount of damages due the COMMISSION from the COUNTY is determined. In the event the COUNTY fails to commence work on the project funded herein within the timelines established under RCW Chapter 36.70A., the COUNTY shall be subject to the requirements of RCW 36.70A.735. 8.0 ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND AMENDMENTS This agreement and the attached APPENDICES (APPENDIX A-E) contain the entire integrated agreement of the parties and may be changed, modified or amended by written agreement executed by both parties. 9.0 ORDER OF PRECEDENCE Each of the exhibits listed below is by this reference hereby incorporated into this contract. In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:  Applicable Federal and state of Washington statutes and regulations.  Mutually agreed written amendments to this Contract.  Appendix B – Scope of Work  This Contract.  Appendix A – General Terms and Conditions  Appendix C – Billing Procedure  Appendix D – Responsible Individuals VSP 2025-27 Biennium Contract Between the WSCC and County - Page 6 of 23  Any other provision, term or material incorporated by reference or otherwise incorporated. 10.0 APPROVAL This contract shall be subject to the written approval of representatives of both parties and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. The signatories to this contract represent that they have the authority to execute this contract. 11.0 ELECTRONIC SIGNATURE Parties agree that this Contract and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Contract or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. A signed copy of this Contract or any other Addenda transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract or such other Addenda for all purposes. The use and acceptance of e-signatures and electronic submissions or records must be consistent with Commission Policy 22-01 and guidance and requirements put in place by Washington State’s Office of the Chief Information Officer (OCIO). The approved technology to be used for electronic signatures is Adobe Sign. Electronically signed documents are subject to Records Retention and Maintenance requirements outlined in Section XII. RECORDS MAINTENANCE of this contract. WA State Conservation Commission MASON COUNTY _______________________________ ____________________________ Date__________________ Date__________________ James Thompson, Executive Director NAME AND TITLE VSP 2025-27 Biennium Contract Between the WSCC and County - Page 7 of 23 APPROVED AS TO FORM ONLY Approval on File 5/16/25 Office of the Attorney General DATE VSP 2025-27 Biennium Contract Between the WSCC and County - Page 8 of 23 2025-27 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX A – GENERAL TERMS AND CONDITIONS I. DEFINITIONS Terms used throughout this contract are defined below: “Agreement” shall mean the contract agreement to which these terms and conditions are affixed. “Agent” shall mean any entity to which the COUNTY has assigned responsibilities as allowed in the agreement. “Best management practice (BMP)” is a technique designed to protect the air, water, soil, animals, plants, and humans. BMPs must meet NRCS standards, or alternative practice designs approved by a licensed professional engineer. NRCS Practice Standards and Specifications are contained in the USDA NRCS Field Office Technical Guide (FOTG). SCC also maintains a list of approved practices eligible for cost share for special programs. “COMMISSION” shall mean the Washington State Conservation Commission, any division, section, office, including the Office of Farmland Preservation, unit or other entity of the COMMISSION, or any of the officers or other officials lawfully representing the COMMISSION. “Cost-share” is funding used to reimburse landowners for a percentage of the costs associated with the implementation of Best Management Practice(s) BMP(s). Examples of costs include, but are not limited to labor, materials, and permits. “COUNTY” shall mean the County receiving the funds as identified in the agreement that this Appendix is a part of, and is performing activities under this contract, and shall include all employees of the COUNTY. “Current Biennium” shall mean July 1, 2025, through June 30, 2027. “Five-year report” shall mean written report, provided not later than five years after the receipt of funding for a participating watershed and every five years thereafter, to the Executive Director of the COMMISSION and to the COUNTY on whether the COUNTY has met the COUNTY work plan's protection and enhancement goals and benchmarks, as described in RCW 36.70A.720 (2) (b) (i) and (c) (i). “Implement” and “implementation” shall mean to execute any requirements of RCW 36.70A.700-760 and associated statutes. “Project Officer” shall mean the specific employee of the COMMISSION that is assigned as the primary contact for purposes of the fulfillment of this agreement. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 9 of 23 “Two-year report” shall mean the written report of the status of plans and accomplishments that shall be provided to the COUNTY and to the COMMISSION within sixty days after the end of each biennium, as described in RCW 36.70A.720 (1) (j). “Voluntary Stewardship Program” and “VSP” shall mean the program established in, and governed by, RCW 36.70A.700-760 and associated statutes. "Watershed group" means an entity designated by a county under the provisions of RCW 36.70A.715. Watershed work group, VSP work group, or work group may be used interchangeably. “Work group participants” means those volunteer members of the county VSP watershed work group designated by the COUNTY who are working to implement the work plan and fulfill ancillary VSP statutory requirements. "Work plan" means a watershed work plan developed under the provisions of RCW 36.70A.720. II. DISPUTES Except as otherwise provided in this contract, any dispute arising under this contract shall be decided in the following manner: By the Commission’s Project Officer or other designated official who shall provide a written statement of decision to the COUNTY. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date the COMMISSION receives such statement, the COUNTY mails or otherwise furnishes to the Executive Director of the COMMISSION a written appeal. An appeal of the Project Officer’s decision shall be addressed by the COMMISSION’s Executive Director. The COUNTY shall have the opportunity to meet with the Executive Director to be heard either in person or by phone and to provide documents in support of their appeal. The decision of the COMMISSION’s Executive Director for the resolution of such appeals shall be final and conclusive and constitutes a final agency action for the purposes of the Washington Administrative Procedures Act, RCW 34.05. Pending final decision of dispute hereunder, the COUNTY shall proceed diligently with the performance of this contract and in accordance with the decision rendered. III. GOVERNANCE This agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. The COUNTY and any Agent shall comply fully with all applicable federal, state and local laws, orders, regulations and permits. Any action brought to enforce the terms of this agreement shall be in the Superior Court for Thurston County. Except as otherwise provided in this agreement, in the event of litigation or other VSP 2025-27 Biennium Contract Between the WSCC and County - Page 10 of 23 action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. IV. CONTRACTING FOR SERVICES Purchased goods, services, or public works shall be procured in compliance with State law, policies, and orders, and the Commission Grants and Contract Policy and Procedure Manual, including use of a competitive process where required. The COUNTY shall retain copies of all bids received and contracts awarded, for inspection and use by the COMMISSION. Retention of copies shall be consistent with time periods established herein. V. INDEMNIFICATION The COMMISSION shall in no way be held responsible for payment of salaries, consultant fees, and other costs related to the project described herein, except as provided in the scope of work through the reimbursement procedures described in this agreement. To the fullest extent permitted by law, the COUNTY shall indemnify, defend and hold harmless the State of Washington, agencies of the State and all officials, agents and employees of the State, from and against all claims arising out of or resulting from the performance of the contract. The COUNTY’S obligation to indemnify, defend, and hold harmless includes any claim by the COUNTY’S agents, employees, representatives, or any subcontractor or a subcontractor's employees. The COUNTY expressly agrees to indemnify, defend, and hold harmless the State of Washington and the COMMISSION for any claim arising out of or incident to the COUNTY’s or any subcontractor's performance or failure to perform the contract. The COUNTY’s obligation to indemnify, defend, and hold harmless the State of Washington and the COMMISSION shall not be eliminated or reduced by any actual or alleged concurrent negligence of the State or its agents, agencies, employees and officials. The COUNTY waives its immunity under Title 51 RCW (Industrial Insurance) to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. The COMMISSION shall be responsible for any liability arising from its own actions. However, any liability by the COMMISSION shall not mitigate the COUNTY’s duty to indemnify the COMMISSION for all claims arising out of its performance of the contract. VI. RECOVERY OF PAYMENTS In the event the COUNTY fails, through the failure to exercise reasonable diligence unrelated to the State’s failure to fully fund the stewardship process, to perform obligations required of it by this contract, the COUNTY may be required to repay to the COMMISSION any funds VSP 2025-27 Biennium Contract Between the WSCC and County - Page 11 of 23 that were spent by the county without exercising reasonable diligence or a portion of funds disbursed to the COUNTY for those parts of the project that are rendered worthless by such failure to exercise reasonable diligence. In the event that the COUNTY fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the COMMISSION reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such rights of recapture shall exist for a period of two years following contract termination. Repayment by the COUNTY of funds under this recapture provision shall occur within 30 days of demand. In the event that the COMMISSION elects to institute legal proceedings to enforce the recapture provision, the prevailing party in any litigation for “recapture” shall be entitled to reasonable attorney fees. VII. INELIGIBILITY The COUNTY certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or state agency. VIII. INDEPENDENT RELATIONSHIP The COUNTY or COUNTY’s Agent(s) performing under this contract are not employees or agents of the COMMISSION. The COUNTY shall not hold themselves out as nor claim to be an officer or employee of the COMMISSION or of the State of Washington by reason hereof, nor will the COUNTY make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work outlined in the scope of work shall be solely with the COUNTY. IX. KICKBACKS The COUNTY and its employees and authorized representatives are prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. X. INTELLECTUAL PROPERTY Copyrights and Patents. Should the COUNTY or COUNTY’s Agent(s) create any copyrightable materials or invent any patentable property in the course of the scope of work governed by this agreement, the COUNTY may copyright or patent the same but shall grant the COMMISSION a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same VSP 2025-27 Biennium Contract Between the WSCC and County - Page 12 of 23 for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions developed by the COUNTY as provided in 35 U.S.C. §§ 200–212. Publications. When the COUNTY, COUNTY’s Agent(s), or persons employed by the COUNTY use or publish information of the COMMISSION; present papers, lectures, or seminars involving information supplied by the COMMISSION; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the COMMISSION. XI. PROPERTY MANAGEMENT The COMMISSION’S Property and Records Management Policy, contained in the Commission’s Grants and Contracts Manual, hereby incorporated by reference, and any updates thereto, shall control the use and disposition of all real and personal property purchases wholly or in part with funds furnished by the COMMISSION in the absence of state, federal statute(s), regulations(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the scope of work. XII. RECORDS MAINTENANCE The parties to this agreement shall each maintain books, records, documents and other information which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be kept in accordance with the provisions contained on the Secretary of State archives, for records retention, hereby incorporated by reference, and any updates thereto. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, federal officials so authorized by law, and as provided by the state Public Records Act, RCW 42.56. All books, records, documents, and other material relevant to this agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. XIII. 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 this agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this agreement are declared to be severable. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 13 of 23 XIV. WAIVER A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original agreement. XV. ACCESSIBILITY REQUIREMENTS COUNTY will remain current with Federal and Washington State accessibility standards and comply with OCIO Policy 188 – Accessibility located at https://ocio.wa.gov/policy/accessibility. XVI. CONFLICT OF INTEREST No officer, official, agent, or employee of either party to this contract who exercises any function or responsibility in the review, approval, or carrying out of this contract, shall participate in any decision which affects their personal interest or the interest of any corporation, partnership or association in which they are, directly or indirectly, interested; nor shall they have any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 14 of 23 2025-27 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX B – SCOPE OF WORK The scope of the work to be performed by the COUNTY, or its contractors, under this agreement is the following: 1) Maintain and convene a watershed work group. This includes providing necessary staff support and facilitation for the watershed group. Assist the watershed group in the implementation of the approved VSP work plan, including: A. The COUNTY will organize members of a VSP watershed work group with representatives from a variety of stakeholder groups including but not limited to tribes, environmental groups, and agriculture. This should include the organization of a vetted core watershed work group comprised of a broad representation of key watershed stakeholders and, at a minimum, representatives of agricultural and environmental groups and tribes that agree to participate. The COUNTY will encourage existing lead entities, watershed planning units, or other integrating organizations to serve as members of the watershed work group. B. Working closely with the watershed work group and technical service providers to ensure full compliance with the requirements and intent of VSP. C. Ensure that every effort is made to maintain effective communication between the watershed work group, the technical service providers, the COUNTY, local stakeholders, and participating state and federal agencies and personnel. D. The COUNTY will develop and/or maintain watershed work group meeting bylaws, rules, and/or policies. E. The COUNTY will provide facilitation for watershed work group meetings or other actions of the watershed group. 2) Implement the VSP work plan, including implementing the requirements of the VSP and RCW Chapter 36.70A.700-760. Implementation includes: A. Identifying critical areas and agricultural activities within those critical areas and their buffers. B. Identifying a public outreach plan to contact landowners. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 15 of 23 C. Identifying and designating entity(ies) to provide landowner assistance (voluntary stewardship plans) and facilitating working relationships between those entity(ies) and landowners. D. Identifying measurable goals and benchmarks. E. Reviewing applicable water quality, watershed management, farmland protection, and required species recovery data to incorporate into VSP work plans. F. Seeking input from tribes, agencies and stakeholders. G. Developing goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed necessary to meet the protection and enhancement benchmarks of the work plan. H. Ensuring outreach and technical assistance is provided to producers and operators in the watersheds of the county covered under VSP. I. Creating measurable benchmarks that, within ten years after receipt of funding, are designed to result in (i) the protection of critical areas functions and values and (ii) the enhancement of critical areas functions and values through voluntary, incentive-based measures. J. Incorporating into the work plan any existing and/or updated development regulations relied upon to achieve the goals and benchmarks for protection of critical areas. K. Establishing baseline monitoring procedures and protocols for (i) participation and implementation of voluntary stewardship plans and projects, (ii) stewardship activities, and (iii) the effects on critical areas and agriculture relevant to protection and enhancement benchmarks. L. Developing timelines for periodic evaluations, adaptive management, and provide written reports of work plan status and/or accomplishments to the COMMISSION. M. Coordinating monitoring programs with other state agency activities. N. Meeting any other requirement for the successful implementation of VSP in RCW 36.70A.720. Deliverables: 1) Maintain and convene a watershed work group that meets regularly and as necessary for implementation of the county VSP work plan. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 16 of 23 2) Implement the VSP work plan, including implementing the requirements of the VSP and RCW Chapter 36.70A.700-760. 1) Two-year status reports. No later than August 30, 2025, provide the written biennial report to the COMMISSION. The biennial report can provide the status of plans and accomplishments of the work plan to the COMMISSION and address how the county conducts periodic evaluations, institutes adaptive management, and evaluates the status of plans and accomplishments. (Two-year status reports shall be submitted to the county and to the commission within sixty days after the end of each fiscal biennium.) The biennial report may include a summary of how plan implementation is affecting each of the following: 1) The protection and enhancement of critical areas within the area where agricultural activities are conducted; 2) The maintenance and improvement of the long-term viability of agriculture; 3) Reducing the conversion of farmland to other uses; 4) The maximization of the use of voluntary incentive programs to encourage good riparian and ecosystem stewardship as an alternative to historic approaches used to protect critical areas; 5) The leveraging of existing resources by relying upon existing work and plans in counties and local watersheds, as well as existing state and federal programs to the maximum extent practicable to achieve program goals; 6) Ongoing efforts to encourage and foster a spirit of cooperation and partnership among county, tribal, environmental, and agricultural interests to better assure the program success; 7) Ongoing efforts to improve compliance with other laws designed to protect water quality and fish habitat; and 8) A description of efforts showing how relying upon voluntary stewardship practices as the primary method of protecting critical areas does not therefore require the cessation of agricultural activities. 2) Five-year review and evaluation report. If a Five-year VSP report is due during this contract period, then no later than the current deadline for submittal of the report to the COMMISSION, and in conjunction with the county watershed work group, facilitate, develop, and submit the five-year report to the director of the COMMISSION. See RCW 36.70A.720 (2) (b) (i) and (c) (i). When submitting the VSP 2025-27 Biennium Contract Between the WSCC and County - Page 17 of 23 five-year review and evaluation report to the COMMISSION, as per RCW 36.70A.720 and RCW 36.70A.730, the COUNTY agrees to use the COMMISSION’S Guide and Template. The Template will be provided by the COMMISSION to the COUNTY. The five-year report must declare whether the county has met the work plan's protection and enhancement goals and benchmarks. The five-year review and evaluation report should include a summary of how plan implementation is satisfying the following plan elements through VSP implementation: 1) Creation of goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed necessary to meet the protection and enhancement benchmarks of the work plan; 2) Outreach and technical assistance are provided to agricultural operators in the watershed; 3) Measurable benchmarks designed to result in (i) the protection of critical area functions and values and (ii) the enhancement of critical area functions and values through voluntary, incentive-based measures are in place; 4) Technical assistance providers are working to ensure that individual stewardship plans contribute to the goals and benchmarks of the work plan; 5) Any existing and/or updated development regulations relied upon to achieve the goals and benchmarks for protection are documented; 6) Baseline monitoring procedures and protocols are in place for: (i) Participation activities and implementation of the voluntary stewardship plans and projects; (ii) stewardship activities; and (iii) the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed; 7) Assistance is provided to and received from state agencies in monitoring programs; and 8) Any other reporting requirements of the program are satisfied. 3) The COUNTY agrees that VSP cost-share projects funded using any amount of COMMISSION VSP funds shall be reported in the Conservation Practices Database System (CPDS). VSP 2025-27 Biennium Contract Between the WSCC and County - Page 18 of 23 4) Maintain a Monitoring Plan: The COUNTY agrees that not later than December 31, 2026, the COUNTY will provide to the COMMISSION an update regarding the status of its monitoring plan, including any changes that have been made since its original submission prior to or on July 1, 2024. The SCC encourages the COUNTY to use the Watershed Monitoring Project Development Guide for the Voluntary Stewardship Program in Washington, Volume III to further develop or amend the plan, but will not require its use in such amendments. The monitoring plan shall be designed to continue to facilitate the collection, analysis, and reporting of information for VSP. 5) Ensure that the COMMISSION has the most recent version of the COUNTY’s VSP work plan by providing to the COMMISSION’s Project Officer, identified herein in APPENDIX D – RESPONSIBLE INDIVIDUALS, the most current version of the COUNTY’s VSP work plan, which includes all attachments and / or appendices. This can be accomplished by sending the COMMISSION an electronic link which the COMMISSION can use to download the plan. 6) Provide to the COMMISSION’s VSP Contract Manager, no later than 120 days from the date this agreement is signed by the COUNTY, an Operating budget designed to ensure all requirements related to VSP implementation are accounted for during the performance of this agreement, and to ensure that the two year and five-year reporting requirements will be met. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 19 of 23 2025-27 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX C – BILLING PROCEDURE The COUNTY shall submit monthly invoices in the form and manner identified by the COMMISSION to the Commission’s VSP Contract Manager: Nicole Boyes VSP Contract Manager Washington State Conservation Commission P.O. Box 47721 Olympia, WA 98504 Send invoices to: sccgrants@scc.wa.gov For billing questions, contact: nboyes@scc.wa.gov; phone: 564-669-3149 Invoices will follow procedures outlined in the most current Grants and Contract Policy and Procedure Manual (Manual). Invoices for payment are due the 20th of the month. A time summary for staff costs, including compensation or billing rates, shall be attached. Staff time billing is to be based on composite rates submitted to SCC, loaded composite rates are not allowed per the Grants and Contract Procedure Manual. New composite rates must be submitted for staff changes, raises, or new calendar years. Individual time records will be kept available at the COUNTY for review, in accordance with the Secretary of State’s document retention schedule of the Secretary of State archives. A copy of any contractor invoices, or other receipts will be attached to the billing. Billing shall follow the Contract Outcomes identified on the Contract A19. Outcome 1 will be all expenses associated with this contract. Subsequent Outcomes 2 and higher will be identified in Amendments for VSP Capital award funds, and will be for awarded capital fund Cost Share or DIP projects. Payment to the COUNTY for approved and completed work will be made by account transfer by the COMMISSION. Payment will be made to the COUNTY and reference the person identified at the COUNTY in APPENDIX D – RESPONSIBLE INDIVIDUALS. If County Responsible Individual changes, County will submit a revised APPENDIX D to the COMMISSION to the person listed in APPENDIX C - BILLING PROCEDURE herein. Each invoice submitted to the Commission by the County shall reference this contract number K2620 and clearly identify the items related to performance under this contract. All expenses invoiced shall be supported with copies of receipts or paid invoices. All VSP 2025-27 Biennium Contract Between the WSCC and County - Page 20 of 23 expenses will follow the State Administrative & Accounting Manual (SAAM) guidelines and the SCC Grants and Contract Policy and Procedure Manual. Any travel will be at the state per diem rates www.ofm.wa.gov/policy/default.asp. At a minimum, County shall specify and include the following on invoices: a. AGENCY Agreement Number K2620 b. The total invoice charge. c. Contract A19, Summary and Detail pages, signed timesheets, copies of subcontractor invoices, and receipts. Initial request for Payment: County may incur expenses prior to agreement being fully executed. SCC will not reimburse any expenses until the agreement is fully executed by both parties. County may request reimbursement back to the effective date of the agreement. Final Request for Payment: Upon expiration of the Period of Performance, invoices shall be paid only if received within 30 days after the expiration date. If the Period of Performance ends at the end of the Fiscal Year, final invoice is due not later than July 10. Invoices for all work done within a fiscal year must be submitted within 10 days after the end of the fiscal year or WSCC may decline to pay them. VSP 2025-27 Biennium Contract Between the WSCC and County - Page 21 of 23 2025-27 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX D – RESPONSIBLE INDIVIDUALS The Project Officer for the COMMISSION is: Mike Poteet VSP Coordinator Washington State Conservation Commission P.O. Box 47721 Olympia, Washington 98504 564-250-6519 mpoteet@scc.wa.gov The responsible individual for the COUNTY is: NAME: TITLE: AGENCY: MAIL ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: The COUNTY Billing Contact (if different than the responsible individual for the COUNTY above): NAME: TITLE: AGENCY: MAIL ADDRESS: CITY, STATE, ZIP: PHONE: EMAIL: VSP 2025-27 Biennium Contract Between the WSCC and County - Page 22 of 23 County Signature Authority for Contracts Name Title Phone Email Signature County Signature Authority for Invoices Name Title Phone Email Signature County Signature Authority for Timesheets Name Title Phone Email Signature The following section is to be completed if the County will delegate all responsibility for SCC billing to a subcontracted Technical Service Provider (TSP), and SCC payments will go directly to that TSP. Delegation language must be included in the County/TSP subcontract or ILA. Subcontractor Responsible Party Name Title Organization Mailing Address Phone Email VSP 2025-27 Biennium Contract Between the WSCC and County - Page 23 of 23 2025-27 Biennium Voluntary Stewardship Program COMMISSION and COUNTY Agreement APPENDIX E – Budget Operating budget COUNTY should complete this budget form and submit to Commission Contract Manager as identified in Appendix C. Budget must be approved by the VSP Workgroup prior to submission. Subtasks listed below are examples and may be modified as needed. If COUNTY updates or revises their budget after submission to SCC, COUNTY must submit a copy of the new budget to SCC. Outcome 1 Operating $290,000 Outcome 1 subtasks Monitoring Description if needed $ Cost Share $ DIP $ Equipment Salaries, Benefits, Overhead Travel Training and Meetings Goods and Services TOTAL (will match Outcome 1 Operating above) $ Per Scope of Work Section G, COUNTY will provide to the COMMISSION’s VSP Contract Manager, an Operating budget designed to ensure all requirements related to VSP implementation are accounted for during the performance of this agreement, and to ensure that the two year and five-year reporting requirements will be met. Budget should include Outcome 1 as listed above and provide tasks beneath Outcome 1 as appropriate, including Cost share and DIP if the COUNTY intends to use Operating funds for these tasks. Capital Budget to be Amended upon subsequent awards If COUNTY is awarded capital funds, subsequent capital awards will be included in an Amendment to this Contract. Amendments will identify each new award with a new Outcome. The first Amendment will begin with Outcome 2 and add additional Outcomes with subsequent awards. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.4 From: Travis Adams Ext: 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Extension of the Hourly Rate Increase for Contracted Criminal Defense Attorneys Background/Executive Summary: Effective April 23, 2025, per Resolution # 2025-026, Mason County raised the hourly rate for contracted felony Criminal Defense Attorneys from $125/hour to $175/hour. This was set to expire August 31, 2025. However, due to continuous staffing issues in the Public Defense office that is beyond any individuals control there is a need for this increase to extend to December 31, 2025. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): With salary savings from vacant positions we do not believe a budget transfer is needed to accommodate the extra four months. At this time, we request authority, if necessary, to conduct a transfer of $100,000 in the 2025 budget from salaries and benefits to operating. Public Outreach: N/A Requested Action: Approval of the Resolution extending the increased hourly rate for contracted felony Criminal Defense Attorneys from $125/hour to $175/hour to December 31, 2025. Attachment(s): Resolution Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.5 From: Kelly Frazier Ext: 519 Department: Facilities & Grounds Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Sheriff ’s Office Parking Lot Door Background/Executive Summary: The current door is wearing out due to routine use, replacing the door will upgrade it to a badge system. A quote was received from Cressy Door Company for the supply, delivery, removal, installation, and haul away of a new door. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Estimated $20,113.84 from Real Estate Excise Tax (REET) fund. Public Outreach: N/A Requested Action: Approval to purchase a new door through Cressy Door Company for the Sheriff ’s Office parking lot in the estimated amount of $20,113.84 from Real Estate Excise Tax (REET) funds. Attachment(s): Quote Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.6 From: Lovejoy Schaefer, Right of Way Agent Senior, on behalf of Mike Collins, County Engineer Ext: 456 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Road Vacation No. 424 – Hearing Examiner Recommendation Vacate all that portion of the unnamed road adjacent to Tract 29 of Skookum Point Tracts, recorded in Volume 4 of plats, pages 54 and 55, said Tract being a portion of Resultant Parcel 1 of Boundary Line Adjustment # 02-40, recorded under Auditor’s File No. 1760371, in the Southwest quarter of Section 24, Township 20 North, Range 3 West, W.M. in Mason County, Washington. Background/Executive Summary: The Mason County Hearing Examiner held a hearing on May 28, 2025, at 1:00 pm via Zoom. This hearing was to consider vacating all that portion of the unnamed road adjacent to Tract 29 of Skookum Point Tracts, recorded in Volume 4 of plats, pages 54 and 55, said Tract being a portion of Resultant Parcel 1 of Boundary Line Adjustment # 02-40, recorded under Auditor’s File No. 1760371, in the Southwest quarter of Section 24, Township 20 North, Range 3 West, W.M, as requested by Sean Wessels and Maria Palanca-Wessels. The Hearing Examiner issued his Findings of Fact, Conclusions of Law and Recommendation on July 9, 2025, recommending approval of the proposed vacation with the following conditions. The vacated area will be subject to existing easements for ingress, egress, and drainage or other purposes, if any, and in accordance with RCW 36.87.140, retain an easement in favor of Mason County for any utilities and drainage present in the vacated right of way. The 50% appraised value of $1,540.00 shall be paid by petitioners prior to County Commissioner approval of the vacation. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): The required administrative fee of $1,000 has been paid. The road is classified as “Class A” per RCW 36.87.120 & MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent (50%) of appraised value. The square footage of the road requested for vacation is 4,000 and the cost per square foot is $0.77. The compensation due for the petitioned road in the amount of $1,540.00 has been paid. Public Outreach: Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Requested Action: Requesting the Mason County Board of Commissioners accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation No. 424. Attachment(s): 1. Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation 2. Order of Vacation Road Vacation p. 1 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No. 424 Petition for a Road Vacation FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION SUMMARY Sean Wessels and Maria Corinna Palanca-Wessels request the vacation of rights of way on their property located at 61 SE Channel Point Road. It is recommended that the County Commissioners approve the vacation. The County staff stated the road areas are not deemed necessary for future use by the County in its road system. The vacation area is an orphaned segment of right of way that doesn’t connect to anything on either side. The vacation will completely eliminate the orphaned segment. TESTIMONY Tina Schaefer, Right of Way Agent Senior summarized the staff report. She confirmed that the right of way area in question is completely orphaned and doesn’t connect to anything. EXHIBITS The January 17, 2025 Engineer’s Report – Road Vacation File No. 424 was admitted as Exhibit 1 during the vacation hearing along with its four attachments as listed on Page 2 of the report. FINDINGS OF FACT Procedural: 1. Hearing. A virtual hearing on the petition for vacation was held on May 28, 2025 at 1:00 pm via Zoom. Substantive: Road Vacation p. 2 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Site/Proposal Description. Sean Wessels and Maria Corinna Palanca-Wessels request the vacation of rights of way on their property located at 61 SE Channel Point Road. County public works staff have determined that the 50% appraised value of the vacation area is $1,540.00 based upon 4,000 square feet of vacation area and appraised value of $0.77 per foot. The Petitioners have paid the $1,000 administrative fee for the vacation. The 50% appraised value will be due prior to vacation approval. 3. Utility of Vacation Area. The engineering report (Ex. 1) identifies that the vacation area is a Class A road. The roads are not presently used as public roadways. As noted in the engineer’s report, Public Works staff have determined that the proposed vacation area is not necessary for future use in the County’s road system. The small vacation area connects to nothing as depicted in Ex. 1C. No lots will be landlocked as a result of the proposal. The area proposed for vacation has no utility to the County. 4. Petition Includes Majority of Abutting Owners. The petitioners’ property abuts the vacation area on both sides. Consequently, they own the majority of frontage along the vacation area. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners. Substantive: 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the vacation. RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority may: Road Vacation p. 3 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. RCW 36.87.060: If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes and ordinances quoted above. The petitioners own the majority of the abutting property to the vacation area as determined in Finding of Fact No. 4 and required by RCW 36.87.020. As determined in Finding of Fact No. 3, the vacation area is not currently useful as a part of the county road system as required by RCW 36.87.060. MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. (3)Class C. All roads that meet RCW 36.87.090 requirements. 4. Vacation Area Qualifies as Class A Road. As outlined in the Summary and Finding of Fact No. 2, the right of ways subject to the requested vacation are Class A roads. MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County board of county commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 5. Required Administrative Fees Paid. The engineer’s report identifies that the petitioners have paid the required $1000 administration fee. $1,540.00 compensation for the right of way is required as concluded in Conclusion of Law No. 6. MCC 12.20.060: The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefitting from the vacation thereof compensate Mason County as set forth in the following schedule: Road Vacation p. 4 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Class A Roads. Fifty percent of the appraised value. (2) Class B Roads. One hundred percent of the appraised value. (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. 6. Compensation Not Required. As noted in Finding of Fact No. 3, the vacation area is classified as a “Class A” road and 50% appraised value compensation is due. 50% of appraised value is $1,540.00. MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the hearing examiner in holding the public hearing and reporting recommendations to the board of county commissioners. 7. Required Deposit Paid. The engineer’s report identifies that petitioners have paid the required $1,000 deposit. RECOMMENDATION It is recommended that the Board of Commissioners approve the proposed vacation subject to the following conditions. 1. The vacated area will be subject to existing easements for ingress, egress, and drainage or other purposes, if any, and in accordance with RCW 36.87.140, retain an easement in favor of Mason County for any utilities and drainage present in the vacated right of way. 2. The 50% appraised value of $1,540.00 shall be paid by petitioners prior to County Commissioner approval of the vacation. DATED this 9th day of July, 2025. Phil Olbrechts Mason County Hearing Examiner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.7 From: Michael Collins, PLS, PE, County Engineer Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: WSDOT Highway Safety Improvement Program (HSIP) Grant – Cloquallum Road Safety Project Background/Executive Summary: Public Works has submitted a 2025 WSDOT Highway Safety Improvement Program (HSIP) grant application for a safety project on Cloquallum Road. The proposed project covers the segment from milepost 1.52 to 5.89, in both directions. This location was identified as a priority based on crash patterns and systemic risk factors outlined in the County’s Local Road Safety Plan (LRSP). The grant request totals approximately $1.4 million, with a 10% local match funded by the Road Fund. Based on previous awards, Mason County anticipates funding in the range of $600,000 to $700,000. If the construction phase is authorized by April 30, 2028, it may qualify for 100% federal funding, eliminating the need for a local match during construction. The LRSP supporting this application: •Identifies crash trends and risk areas •Prioritizes corridors using data-driven screening •Recommends proven countermeasures •Proposes projects with the highest potential to reduce serious injuries and fatalities Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): •Total Request: $1,400,000 •Estimated Award: $600,000 – $700,000 •Local Match (10%): Road Fund •100% federal funding available for construction if authorized by April 30, 2028 Public Outreach: Staff presented the safety project at the June 11, 2025 TIP-CAP meeting. Requested Action: Recommend that the Board of County Commissioners acknowledge the County Engineer’s submission of the 2025 HSIP grant application to WSDOT, and authorize the Chair to sign all pertinent documents related to the grant, including agreements and certifications, should funding be awarded. Attachment(s): 1. Grant Application 2. Vicinity Map Page 1 2025 County Safety Program Application for Funding Local Programs Part 1: Agency Information List the contact information for questions about the project(s) in this application: • Agency name: Mason County Public Works • Contact name: David Smith • Title: Engineering and Construction Manager • Phone: 360-427-9670 ext. 523 • Email: dnsmith@masoncountywa.gov Regional Transportation Planning Organization / Metropolitan Planning Organization • List the county/tribe’s regional or metropolitan planning organization name: Peninsula Regional Transportation Planning Organization. • Are the proposed projects in this application consistent with the RTPO/MPO plan? Yes. If no, please explain. WSDOT Region where work will occur: See https://wsdot.wa.gov/sites/default/files/2021-10/wsdot-regions-map.pdf for more information. ☐ Northwest ☒ Olympic ☐ Southwest ☐ North Central ☐ South Central ☐ Eastern Part 2: Project Information Notes: 1. Provide all the following information for every project within the priority list described below. Use the formats shown below. 2. The information below must be determined assuming the project will be constructed by design-bid-build or design-build and not by the agency’s forces. 3. Include a vicinity map(s) showing the location of all improvements/countermeasures. 4. For projects that add or revise travel lanes or sidewalks, include a conceptual plan and cross section showing the existing and final configurations. 5. The information below must match what is in the agency’s local road safety plan. Include the local road safety plan with this application. 6. Include a detailed cost estimate for each phase (preliminary engineering, right of way, and construction). Project Title: Cloquallum Road (#10,000) Safety Enhancement Project MP 1.52 to MP 5.89. Districts the project falls within: See http://app.leg.wa.gov/districtfinder/ for more information on the following. • State legislative district #(s): 35 • Congressional district #(s): 10 Page 2 Description of Work: List each improvement/countermeasure separately for every project within the priority list found in the local road safety plan. List projects in order from highest to lowest priority. Project 1 Improvements / countermeasures: Overlay the existing gravel shoulders with hot mix asphalt, remove and replace existing substandard guardrail and traffic barrier as warranted at the following locations: 1. Location 1: Cloquallum Road (#10000) Safety Enhancement Project MP 1.52 to MP 5.89, both directions. Project Schedule (estimated milestones): Copy this table for each project unless all milestones are the same. Project added to the Statewide Transportation Improvement Program (STIP) 01/2025 Project agreement signed with WSDOT Local Programs 03/2025 Begin PE (PE phase authorized by FHWA through WSDOT Local Programs) N/A Community/stakeholder engagement complete 6/2025 Environmental documents (required for every project) approved by WSDOT Local Programs 6/2025 Begin right-of-way (RW phase authorized by FHWA through WSDOT Local Programs) N/A Right-of-way completed (certification by FHWA through WSDOT Local Programs) N/A Contract advertised 1/2026 Contract awarded 3/2026 Construction/project complete 9/2026 Project Cost, Match Amount, and Requested Funding: Copy this table for each project. Phase Cost of entire phase Match amount Amount requested from this program Preliminary Engineering (PE) $ 0.00 $ 0.00 $ 0.00 Right-of-Way (RW) $ 0.00 $ 0.00 $ 0.00 Construction (includes construction administration) (CN) $1,400,000 $ 0.00 $ 1,400,000 Total $ 1,400,000 $ 0.00 $ 1,400,000 1. Round all numbers to the nearest $1,000. 2. Projects are eligible for 100% federal HSIP funding for all phases authorized prior to April 30, 2028. Any phases not authorized by this date may be subject to the remaining funds being rescinded. Provide all the following information for every project within the priority list found in the local road safety plan. 1. Limits of work: Beginning: MP 1.52 Ending: MP 5.89 2. Project in adopted plan? If this project is in an adopted plan (transportation plan, ADA transition plan, etc.), list the plan name and date adopted: This project is in our 2025 Strategic Risk Based Assessment; Mason County Transportation Improvement Plan (TIP) – September 2024; State STIP – February 2025. 3. Has this project had community/stakeholder engagement? ☒ Yes ☐ No (Citizens Advisory Committee) 4. Coordination with other jurisdictions: If any roadways in this application are owned or managed by another jurisdiction, such as a city/town, county, Indian tribe, federal agency, or WSDOT, list the roadways here: NA Include a letter or email from each of the other jurisdictions that indicates concurrence with this application. Projects on state routes shall be coordinated through the appropriate WSDOT regional office identified above. Contact the Region Local Programs Engineer at https://wsdot.wa.gov/business-wsdot/support-local- programs/contact-support-local-programs to start this process. 5. Current Project Information: Is this a current project? ☐ No. ☒ Yes. If yes, answer the following questions. a. Existing Project Number (if assigned – otherwise state “Not yet assigned”): Not assigned yet. Page 3 b. Explain the project status and why your jurisdiction is applying for additional funds: The project status is in the planning stages. Requested funds are not additional since there are no other identified sources at this time. c. Explain if the project description, schedule, or budget has changed and if so, how and why: Description, schedule and budget has not changed since the inception of the project. d. Does the project have current federal funding? ☒ No. ☐ Yes. Identify the funding program (Highway Safety Improvement Program, Surface Transportation Block Grant Program, etc.). Note: Federal funds cannot be used for the match. Submit completed application and required documents to HLPGrants@wsdot.wa.gov. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.8 From: Michael Collins, PLS, PE, County Engineer Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025- Set Hearing September 16, 2025 - Hearing Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Adoption of the 2026 Annual Construction Program and 2026-2031 Six-Year Transportation Improvement Program (TIP) Background/Executive Summary: RCW 36.81.121 and 36.81.130 requires the preparation and annual updating of a six-year comprehensive transportation program. WAC 136-14 and 136-15 describe procedures for priority programming and the preparation of the 6-Year TIP. To enhance public involvement in shaping transportation improvement recommendation, Mason County established a citizen advisory board known as the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). TIP-CAP reviewed and discussed the recommended programs at their meeting on June 11th and July 9th. Below is the proposed schedule for reviewing and adopting the Annual Construction Program and 6-Year TIP: 7/9 TIP-CAP reviewed and approved 8/5 Board to set two hearing dates for September 16th at 9:15am 8/5-9/16 Annual and TIP documents available for public review 9/16 Public Hearing to adopt the Annual Construction Program and 6-Year TIP Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Annual 2026 expenditures are planned to be $11.1 million. This includes $3.2 million from the Road Fund and $7.8 million from outside sources. County forces will be used to construct approximately $1.24 million of the annual construction program, which is within the allowable limit of $1.26. Public Outreach: •Hearing notice will be published in the Shelton Journal •TIP-CAP meetings (open to the public). •Draft documents available on the Public Works webpage, which includes a virtual link to proposed TIP projects. This link provides detailed information and location of projects: https://storymaps.arcgis.com/stories/9db68a4f8a064d6897c5291f15d7a427 Requested Action: Requesting the Board to authorize the following actions: 1. August 5, 2025, Regular Agenda: • Schedule two public hearings for September 16, 2025, at 9:15 AM to review the 2026 Annual Construction Program and the Six-Year Transportation Improvement Program (TIP) for 2026-2031. 2. September 16, 2025, Public Hearings, adopt two resolutions to approve the: • 2026 Annual Construction Program • Six-Year Transportation Improvement Program for 2026-2031. Attachment(s): 1. Draft 2026 Annual 2. Draft Six-Year TIP (2026-2031) 3. Notice of Hearing 4. Resolution for Annual w/Exhibit A 5. Resolution for Six-Year COUNTY >> A TOTAL COSTRUCTION DONE - columns (13) + (14)DATE RECOMMENDED PROG. SUBMITTED B COMPUTED COUNTY FORCES LIMIT DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION - (column (14)ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT (1)(2)(3)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(15) ROAD #ROAD NAME BMP EMP FFC 01 1 ELFENDAHL PASS RD IMPROVEMENT PROJECT 80610 ELFENDAHL PASS RD 1.85 4.85 08 3.00 D E 332,000 825,000 STP 0 0 1,157,000 0 1,157,000 02 2 CLOQUALLUM RD SAFETY IMPROVEMENT PROJECT 10000 CLOQUALLUM RD 1.52 5.89 07 4.37 D E 189,000 1,211,000 HSIP 0 0 1,400,000 0 1,400,000 03 3 BEAR CREEK RD IMPROVEMENT PROJECT 79800 BEAR CREEK DEWATTO 5.37 8.45 08 3.08 D E 1,200,000 0 0 0 1,200,000 1,200,000 04 4 ROCK CREEK ROAD (GRAVEL CONVERSION)10480 ROCK CREEK RD 0.00 1.10 09 1.10 C E 90,000 0 0 0 0 90,000 90,000 05 5 WEBB HILL RD (GRAVEL CONVERSION)57530 WEBB HILL RD 1.79 3.00 09 1.21 C E 100,000 0 0 100,000 100,000 06 6 EELLS HILL (GRAVEL CONVERSION) 40850 EELLS HILL RD 1.28 2.30 09 1.02 C E 80,000 0 0 80,000 80,000 07 7 TAHUYA P0ST OFFICE BRIDGE 70390 N. SHORE ROAD 14.88 14.90 08 0.02 I I 200,000 0 0 0 200,000 200,000 08 8 LITTLE SKOOKUM INLET TRIBUTARIES FISH PASSAGE 15500 LYNCH AND PHILLIPS 07 0.00 L E 522,810 2,963,000 RCO 2,985,810 500,000 3,485,810 09 9 BEAR CREEK DEWATTO ROAD (ROCK PIT)79800 BEAR CR DEWATTO RD 0.43 1.02 07 0.59 RC I 64,000 576,000 RAP 20,000 20,000 600,000 640,000 10 10 PROGRAMMATIC BRIDGE REPAIR VARIOUS 0.00 I E 65,000 0 10,000 5,000 25,000 25,000 65,000 11 11 COUNTY WIDE SMALL CAPITAL PROJECTS VARIOUS 0.00 Other E 100,000 0 10,000 5,000 85,000 100,000 12 12 NEIGHBORHOOD ROADWAY SAFETY GRANTS Various 0.00 Other E 10,000 0 10,000 10,000 13 13 JOHNS PRAIRIE RD/ SR 3 INTERSECITON 91720 Johns Prairie Road 3.60 3.77 17 0.17 Other E 55,000 0 15,000 40,000 55,000 14 14 BEAR CREEK DEWATTO CULVERT REPLACEMENT 79800 BEAR CREEK DEWATTO 6.14 6.21 08 0.07 L E 50,000 450,000 RAP 50,000 0 450,000 500,000 15 15 BLEVINS RD EVERGREEN ESTATES WATER EXTENSION 50990 BLEVINS RD NORTH 0.00 0.22 19 0.22 D I 0 551,764 CDBG 100,000 0 451,764 0 551,764 16 16 BEAR CREEK DEWATTO (TIGER) 79800 BEAR CR DEWATTO RD 1.53 1.96 07 0.43 RC i 103,500 931,500 RAP 20,000 20,000 995,000 1,035,000 17 17 CLOQUALLUM ROAD IMPROVEMENT PROJECT 10000 CLOQUALLUM RD 6.60 7.80 07 1.20 D E 200,000 1,000,000 RAP 0 0 700,000 500,000 1,200,000 18 18 Belfair Connector - Log Yard Road E.New Log Yard Road E.0.00 A,B,D,G S 100,000 0 50,000 50,000 0 0 100,000 19 19 Belfair Connector - Romance Hill Road 86500 Romance Hill Road 0.00 A,B,D,G S 100,000 0 50,000 50,000 0 0 100,000 20 20 SKOKOMISH VALLEY ROAD RECONSTRUCTION 41640 Skokomish Valley Road 3.80 4.60 08 0.80 A,B,D,G I 0 1,600,000 0 1,600,000 0 1,600,000 21 21 RASOR ROAD EXTENSION 62400 RASOR ROAD 09 0.00 other S 150,000 150,000 0 150,000 22 22 WSDOT / COUNTY INTERSECTION FEASIBILITY Clifton, OBH/SR300,N.Bay/SR3 2.27 Other S 40,000 0 40,000 0 0 40,000 23 23 LYNCH ROAD CULVERT REPLACEMENT 15500 LYNCH ROAD 2.27 2.27 07 0.00 L E 0 182,000 RCO 182,000 0 0 182,000 0 0 0.00 0 0 0 0 0.00 0 0 0 0.00 0 0 PAGE/PROGRAM TOTALS, CONSTRUCTION 3,751,310 10,290,264 3,542,810 840,000 8,413,764 1,245,000 14,041,574 ROAD SEGMENT INFORMATION (4) TOTAL $'S 9,658,764$ 1,269,573$ 1,245,000$ AN N U A L P R O G R A M IT E M N U M B E R 6Y E A R R O A D PR O G R A M I T E M N O . PROJECT NAME PR O J E C T LE N G T H (Miles) PR O J E C T T Y P E C O D E ( S ) ANNUAL CONSTRUCTION PROGRAM FOR 2026 (7/17/25) EN V I R O N M E N T A L AS S E S S M E N T MASON FLAP GRAND TOTAL (ALL 595) SOURCES OF FUNDS COUNTY ROAD FUNDS OTHER FUNDS PROGRAM SOURCEAMOUNT ESTIMATED EXPENDITURES PE & CE (595.10) RIGHT OF WAY (595.20)CONTRACT CONSTRUCTION COUNTY FORCES CRAB FORM #3, MC REVISED 7/17/2025 Agency:Mason County 7/17/2025 Co. No.:23 Co. Name:Mason County Hearing Date:Adoption Date: City No. - - -MPO/RTPO:Peninsula Amend Date:-Resolution No.: Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 ELFENDAHL PASS RD RW 0 0 Rd. No.: 80610 CN 7/1/2026 STP 825 332 1157 1157 0 N/A From: MP 1.85 To: MP 4.85 0 STP PAVING PROJECT (BELFAIR TAHUYA NORTH THREE MILES)0 Total 2026 Project Cost $ 1,157,000 TOTALS 825 0 332 1157 1157 0 0 0 CRP PE 0 CLOQUALLUM ROAD SAFETY IMPROVEMENT PROJECT RW 0 0 Rd. No.: 10000 CN 7/4/2026 HSIP 1211 189 1400 1400 0 N/A From: MP 1.52 To: MP 5.89 0 SAFETY ENHANCEMENT (SHOULDERS, GUARDRAIL)0 Total 2026 Project Cost $ 1,400,000 TOTALS 1211 0 189 1400 1400 0 0 0 CRP PE 0 BEAR CREEK DEWATTO IMPROVEMENT PROJECT RW 0 0 Rd. No.: 79800 CN 7/4/2026 1200 1200 1200 0 N/A From MP 5.37 To: MP 8.45 0 PAVING PROJECT (TOONERVILE TO TAHUYA BLACKSMITH)0 Total 2026 Project Cost $ 1,200,000 TOTALS 0 0 1200 1200 1200 0 0 0 CRP PE 0 0 0 ROCK CREEK ROAD (GRAVEL CONVERSION)RW 0 0 Rd. No.: 10480 CN 7/4/2026 90 90 90 0 N/A From: MP 0.00 To: MP 1.10 0 GRAVEL CONVERSION TO CHIP SEAL 0 Total 2026 Project Cost $ 90,000 TOTALS 0 0 90 90 90 0 0 0 CRP PE 0 0 WEBB HILL ROAD (GRAVEL CONVERSION)RW 0 0 Rd. No.: 57530 CN 8/1/2026 100 100 100 0 N/A From: MP 1.79 To: MP 3.00 0 GRAVEL CONVERSION TO CHIP SEAL 0 Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 CRP PE 0 0 EELLS HILL ROAD (GRAVEL CONVERSION) RW 0 0 Rd. No.: 40850 CN 8/1/2026 80 80 80 0 N/A From: MP 1.28 To: MP 2.30 0 GRAVEL CONVERSION TO CHIP SEAL 0 Total 2026 Project Cost $ 80,000 TOTALS 0 0 80 80 80 0 0 0 CRP PE 0 0 TAHUYA POST OFFICE BRIDGE RW 0 Rd. No.: 70390 N. SHORE ROAD CN 8/1/2026 200 200 200 0 N/A From: MP 14.88 To: MP 14.90 0 RAISE SUPERSTRUCTURE 0 Total 2026 Project Cost $ 200,000 TOTALS 0 0 200 200 200 0 0 0 E Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 08 7 0.02 3.08 E 09 6 1.02 E 09 5 1.20 DRAFT Six Year Transportation Improvement Program From 2026 to 2031 07 2 4.37 E 08 1 3.00 Nu m b e r Pr i o r i t y Cl a s s Fu n c t i o n a l 2nd1st D. Street/Road Name of Number R/W Required Date (mm/yy) En vir Ty pe E E 09 4 1.10 E 08 3 C. Project Title Pr o j e c t Ph a s e Federally Funded Projects OnlyExpenditure Schedule F. Describe Work to be Done E. Beginning MP or road - Ending MP or road 4th thru 6th3rdTo t a l L e n g t h Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 2/1/2026 BROS FBRB 2685 300.81 2985.81 2985.1 0 LITTLE SKOOKUM INLET TRIBUTARIES FISH PASSAGE RW 2/1/2026 FBRB 300 200 500 500 Rd. No.: 15500 AND 16630 CN 0 0 6/1/2024 From: MP To: MP 0 FIVE CULVERT REPLACEMENTS ON LYNCH AND PHILLIPS ROAD 0 Total 2026 Project Cost $ 3,485,810 TOTALS 0 2985 500.81 3485.81 3485.1 0 0 0 CRP PE 4/1/2026 RATA 18 2 20 20 0 BEAR CREEK DEWATTO IMPROVEMENT PROJECT (ROCK PIT)RW 6/1/2026 RATA 0 20 20 20 Rd. No.: 79800 CN 8/1/2026 RATA 558 42 600 600 0 6/1/2024 From: MP 0.43 To: MP 1.02 0 RE-ALIGN ROAD AROUND ROCK PIT 0 Total 2026 Project Cost $ 640,000 TOTALS 0 576 64 640 640 0 0 0 CRP PE 10 10 10 0 PROGRAMMATIC BRIDGE REPAIR RW 5 5 5 CN 50 50 50 0 0 0 Total 2026 Project Cost $ 65,000 TOTALS 0 0 65 65 65 0 0 0 CRP PE 10 10 10 COUNTY WIDE SMALL CAPITAL PROJECTS RW 5 5 5 0 0 CN 85 85 85 0 0 0 0 Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 CRP PE 10 10 10 0 NEIGHBORHOOD ROADWAY SAFETY GRANTS RW 0 CN 0 0 0 0 Total 2026 Project Cost $ 10,000 TOTALS 0 0 10 10 10 0 0 0 CRP PE 4/1/2026 15 15 15 0 JOHNS PRAIRIE RD/ SR 3 INTERSECTION RW 6/1/2026 40 40 40 Rd. No.: 91720 CN From: MP 3.60 To: MP 3.77 0 INTERSECTION IMPROVEMENT 0 Total 2026 Project Cost $ 55,000 TOTALS 0 0 55 55 55 0 0 0 CRP PE 4/1/2026 0 RATA 45 5 50 50 0 BEAR CREEK DEWATTO CULV. REPLACEMENT MP 6.18 RW 0 Rd. No.: 79800 CN 8/1/2026 RATA 405 45 450 450 From: MP 6.14 To: MP 6.21 0 CULVERT REPLACEMENT 0 Total 2026 Project Cost $ 500,000 TOTALS 0 450 50 500 500 0 0 0 CRP PE 4/1/2026 CDBG 100 100 50 0 BLEVINS RD EVERGREE ESTATES WATER EXTENSION RW 5/1/2026 40 40 40 Rd No.: 50990 CN 7/1/2026 CDBG 451.765 451.765 451.765 0 From MP 0.00 To: MP 0.22 0 WATER LINE EXTENSION 0 Total 2026 Project Cost $ 591,765 TOTALS 0 591.765 0 591.765 541.765 0 0 0 08 14 0.07 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 09 15 0.22 E 17 13 0.17 D C E 07 08 09 17 18 19 12 0.00 07 9 0.59 E E 07 08 09 17 18 19 11 0.00 E 07 08 09 17 18 19 10 0.00 08 8 E To t a l L e n g t h Expenditure Schedule Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 4/1/2026 RATA 18 2 20 20 0 BEAR CREEK DEWATTO (TIGER) IMPROVEMENT PROJECT RW 6/1/2026 20 20 20 Rd No.: 79800 CN 8/1/2026 RATA 913.5 81.5 995 995 0 6/1/2025 From MP 1.53 To: MP 1.96 0 RE-ALIGN ROAD 0 Total 2026 Project Cost $ 1,035,000 TOTALS 0 931.5 103.5 1035 1035 0 0 0 CRP PE 0 0 COQUALLUM ROAD IMPROVEMENT PROJECT RW 0 0 0 Rd. No.: 10000 (WIVEL HILL)CN 6/1/2026 RATA 1000 200 1200 1200 From: 6.6 7.8 0 ROAD RE-ALIGNMENT AND PAVING PROJECT 0 Total 2026 Project Cost $ 1,200,000 TOTALS 0 1000 200 1200 1200 0 0 0 CRP PE 1/1/2026 50 50 50 0 Belfair Connector - Log Yard Road E.RW 10/1/2026 50 50 50 Rd. No.: CN From: SR3 To: Belfair Freight Corridor 0 Design for new construction 0 Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 CRP 2019 PE 6/1/2026 50 50 50 0 Belfair Connector - Romance Hill RW 7/1/2026 50 50 50 Rd. No.: 86500 CN 0 0 From: SR3 To: Belfair Freight Corridor 0 Design for new construction 0 Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 CRP PE 0 0 SKOKOMISH VALLEY ROAD RECONSTRUCTION RW Rd. No.: 41640 CN 8/1/2026 FLAP 1600 1600 1600 From: MP 3.8 To: MP 4.6 0 Road reconstruction partner w/ Mason Cons Dist $8M total project cost 0 Total 2026 Project Cost $ 1,600,000 TOTALS 0 1600 0 1600 1600 0 0 CRP PE 0 0 RASOR ROAD EXTENSION RW 5/2/2026 150 150 150 Rd. No.: 62400 CN 0 From: MP TBD To: MP TBD 0 EXTEND RASOR ROAD TO RASOR LANE 0 Total 2026 Project Cost $ 150,000 TOTALS 0 0 150 150 150 0 0 0 CRP PE 4/1/2026 40 40 40 0 WSDOT / COUNTY INTERSECTION FEASIBILITY RW 0 Rd. No.: CLIFTON, OBH/ SR300, N. BAY/ SR 3 CN 0 From: MP To: MP 0 0 Total 2026 Project Cost $ 40,000 TOTALS 0 0 40 40 40 0 0 0 LYNCH ROAD CULVERT REPLACEMENT PE FBRB 182 182 182 0 Rd. No. 15500 RW 0 CN 0 0 From: MP. 2.27 To: MP. 2.27 0 PE. FOR CULVERT REPLACEMENT 0 Total 2026 Project Cost $ 182,000 TOTALS 0 182 0 182 182 0 0 0 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS- Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds TB D09210.00 08 23 22 0.00 08 20 0.80 TB D 09 19 0.00 18 0.00 07 17 1.20 E Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r Expenditure Schedule Federally Funded Projects Only Pr o j e c t P h a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h 07 16 0.43 0.00 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds UNCLE JOHNS CREEK LOWER CULVERT REPLACEMENT PE 0 0 RW 0 Rd. No.: 23500 AGATE LOOP ROAD CN 6/1/2027 FBRB 2580 2580 2580 From: MP 0.64 To: MP 0.64 0 CULVERT REPLACEMENT 0 Total Project Cost $ 2,580,000 TOTALS 0 2580 0 2580 0 2580 0 0 CRP PE 0 0 MCREAVY ROAD SAFETY ENHANCEMENT PROJECT RW 0 Rd. No.: 97670 CN 8/1/2028 HSIP 1400 1400 1400 From: MP 2.55 To: 6.41 0 SAFETY ENHANCEMENT (SHOULDERS, GUARDRAIL)0 Total Project Cost $ 1,400,000 TOTALS 1400 0 0 1400 0 0 1400 0 CRP PE 0 0 DECKERVILLE ROAD IMPROVEMENT PROJECT RW 0 Rd. No.: 00800 CN 8/1/2028 STP 1300 1300 0 1300 From: MP 0.0 To: 3.80 0 HMA OVERLAY 0 Total Project Cost $ 1,300,000 TOTALS 1300 0 0 1300 0 0 1300 0 CRP PE 9/1/2027 BROS 150 150 150 0 CHAPMAN COVE BRIDGE REPLACEMENT RW 9/1/2027 BROS 150 150 150 Rd. No.: 23500 AGATE LOOP ROAD CN 8/1/2028 BROS 4000 4000 0 4000 From: MP 0.49 To: 0.49 0 BRIDGE REPLACEMENT 0 Total Project Cost $ 4,300,000 TOTALS 4300 0 0 4300 0 300 4000 0 CRP PE 0 TRAILS ROAD IMPROVEMENT PROJECT RW 0 Rd. No.: 62310 CN 8/1/2027 1025 1025 1025 From: MP 0.0 To: MP 1.6 0 HMA OVERLAY 0 Total Project Cost $ 1,025,000 TOTALS 0 0 1025 1025 0 1025 0 0 CRP PE 9/1/2028 BROS 150 150 150 HLIBOKI BRIGDE REPLACEMENT RW 9/1/2028 BROS 150 150 150 Rd. No. 10290 BULB FARM ROAD CN 8/1/2029 BROS 3000 3000 0 3000 From: MP 0.35 To MP 0.35 0 BRIDGE REPLACEMENT 0 Total Project Cost $ 3,300,000 TOTALS 3300 0 0 3300 0 0 300 3000 CRP PE 0 HIGHLAND ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 04450 CN 8/1/2027 STP 865 135 1000 1000 From: MP 4.62 To: MP 7.92 0 HMA OVERLAY 0 Total Project Cost $ 1,000,000 TOTALS 865 0 135 1000 0 1000 0 0 CRP PE 0 HIGHLAND ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 04450 CN 8/1/2031 STP 865 400 1265 0 1265 From: MP 0.00 To: MP 4.62 0 HMA OVERLAY 0 Total Project Cost $ 1,265,000 TOTALS 865 0 400 1265 0 0 0 1265 07 31 4.62 07 30 3.30 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 09 29 0.00 07 28 1.60 09 27 0.00 08 26 3.80 08 25 3.86 Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done 09 24 0.00 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 12/1/2027 BROS 221 73.5 294.5 294.5 EVERS BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No.90100 MATLOCK BRADY RD CN 8/1/2028 BROS 614.25 204.75 819 819 From: MP 23.05 To: MP 23.05 0 Strip existing timber surface and re-apply protective coating 0 Total Project Cost $ 1,113,500 TOTALS 835.25 0 278.25 1113.5 0 294.5 819 0 CRP PE 12/1/2027 BROS 199.5 66.5 266 266 MISSION CREEK 3 BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No. 84110 STEELHEAD RD CN 8/1/2028 BROS 600 200 800 800 800 From: MP 0.04 To: MP 0.04 0 Construct footing and pier wall and replace the North approach 0 Total Project Cost $ 1,066,000 TOTALS 799.5 0 266.5 1066 0 266 800 800 CRP PE 12/1/2027 BROS 56.25 18.75 75 75 0 VANCE CREEK DIV BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No. 41640 SKOKOMISH VALLEY RD CN 8/1/2028 BROS 400 150 550 550 From: MP 4.56 To: MP 4.56 0 Replace damaged concrete girder 0 Total Project Cost $ 625,000 TOTALS 456.25 0 168.75 625 0 75 550 0 CRP PE 1/1/2027 BROS 100 100 100 0 HARSTINE ISLAND BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No. 3000 CN 8/1/2029 BROS 900 900 900 From: MP 0.12 To: MP 0.40 0 Repair spalding on columns 0 Total Project Cost $ 1,000,000 TOTALS 1000 0 0 1000 0 100 0 900 CRP PE 20 20 0 SAND HILL ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 86070 TOP HILL TO BCD CN 8/1/2030 1400 1400 1400 From: MP 1.22 To: MP 5.79 0 HMA OVERLAY 0 Total Project Cost $ 1,420,000 TOTALS 0 0 1420 1420 0 0 0 1400 CRP PE 20 20 20 0 BEAR CREEK DEWATTO RD IMPROVEMENT PROJECT RW 0 Rd. No. 79800 TAHUYA BLACKSMITH TO CN 8/1/2031 RATA 1000 200 1200 1200 From: MP 8.45 To: MP 10.35 DEWATTO HOLLY 0 HMA OVERLAY AND ROAD RE-ALIGNMENT 0 Total Project Cost $ 1,220,000 TOTALS 0 1000 220 1220 20 0 0 1200 CRP PE 0 20 0 BELFAIR TAHUYA RD IMPROVEMENT PROJECT RW 0 Rd. No. 97500 DEWATTO RD TO CN 8/1/2028 1400 1400 0 1400 From : MP 7.48 To: MP 11.75 N. SHORE RD 0 HMA OVERLAY 0 Total Project Cost $ 1,400,000 TOTALS 0 0 1400 1400 0 20 1400 0 CRP PE 4/1/2030 BROS 720 180 900 900 STRETCH ISLAND BRIDGE REPLACEMENT RW 4/1/2030 BROS 100 20 120 120 Rd. No. 64500 ECKERT ROAD CN 4/1/2031 BROS 6835.2 1708.8 8544 0 8544 From: MP 0.14 To: MP 0.21 0 Replace the 356' bridge 0 Total Project Cost $ 9,564,000 TOTALS 7655.2 0 1908.8 9564 0 0 0 9564 08 37 1.90 09 39 0.07 08 38 4.27 08 36 4.57 07 35 0.00 08 34 0.00 09 33 0.00 0.00 To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e En vir Ty pe R/W Required Date (mm/yy) 1st 2nd 3rd 07 32 Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r C. Project Title D. Street/Road Name of Number 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 0 CLIFTON AND SR 300 INTERSECTION IMPROVEMENT RW 0 Rd. No. 86750 & 98250 0.00 CN 8/1/2031 HSIP 3000 3000 0 3000 From: MP 0.20 0 Construct a roundabout at the intersection 0 Total Project Cost $ 3,000,000 TOTALS 3000 0 0 3000 0 0 0 3000 CRP PE 0 0 BROCKDALE AND BASTONE CUT-OFF INTERSECTION IMPROVEMENT RW 0 Rd. No. 90090 & 51300 CN 8/1/2031 HSIP 2000 2000 0 2000 From: MP 0.00 0 Construct a roundabout at the intersection 0 Total Project Cost $ 2,000,000 TOTALS 2000 0 0 2000 0 0 0 2000 CRP PE 0 0 AGATE ROAD IMPROVEMENT PROJECT #4 RW 0 Rd. No. 23910 CRESTVIEW TO PICKERING CN 8/1/2029 1110 1110 1110 From: MP 3.78 To: MP 6.65 0 County crew to prepare shoulders contract HMA overlay 12' lanes & 5' shoulders 0 Total Project Cost $ 1,110,000 TOTALS 0 0 1110 1110 0 0 0 1110 CRP PE 0 0 MASON LAKE ROAD IMPROVEMENT PROJECT 1 RW 0 Rd. No. 52210 SR3 TO MCEWAN PRAIRIE CN 8/1/2031 800 800 800 From: MP 0.00 To: MP 1.42 0 Overlay the road 12' wide lanes & 5' wide shoulders 0 Total Project Cost $ 800,000 TOTALS 0 0 800 800 0 0 0 800 CRP PE 0 MASON LAKE ROAD IMPROVEMENT PROJECT 2 RW 0 Rd. No. 52210 TO TRAILS ROAD CN 8/1/2031 STP 994.75 155.25 1150 0 1150 From: MP 7.83 To: MP 10.13 0 Overlay the road 12' wide lanes & 5' wide shoulders 0 Total Project Cost $ 1,150,000 TOTALS 994.75 0 155.25 1150 0 0 0 1150 CRP PE 0 0 OLD BELFAIR HYW IMPROVEMENT PROJECT RW 0 Rd. No. 98250 TO COUNTY LINE CN 8/1/2029 STP 865 135 1000 0 1000 From: MP 2.60 To: MP 3.86 0 HMA 12' lanes & 5' shoulders 0 Total Project Cost $ 1,000,000 TOTALS 865 0 135 1000 0 0 0 1000 CRP PE 0 PICKERING ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 28850 HARSTINE BR TO CN 8/1/2031 STP 865 300 1165 0 1165 From: MP 3.37 To: MP 6.28 AGATE RD 0 HMA OVERLAY 0 Total Project Cost $ 1,165,000 TOTALS 865 0 300 1165 0 0 0 1165 CRP PE 0 SOUTH ISLAND DRIVE IMPROVEMENT PROJECT II RW 0 Rd. No. 35230 MP 1.0 TO HARSTINE ISLAND RD S CN 8/1/2030 STP 865 135 1000 0 1000 From: MP 1.0 To: MP 3.3 0 HMA OVERLAY 0 Total Project Cost $ 1,000,000 TOTALS 865 0 135 1000 0 0 0 1000 08 47 2.30 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 07 44 2.30 08 46 2.91 07 45 1.26 17 43 1.42 07 42 2.87 17 41 0.00 En vir Ty pe 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done 07 40 Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 SOUTH ISLAND DRIVE IMPROVEMENT PROJECT I RW 0 Rd. No. 35230 CN 8/1/2031 RATA 700 72 772 0 772 From: MP 0.00 To: MP 1.00 0 HMA 12' lanes & 2' shoulders. 1' gravel shoulders; correct horizontal curves 0 Total Project Cost $ 772,000 TOTALS 0 700 72 772 0 0 0 772 CRP PE 8/1/2027 150 150 150 0 COLE ROAD RAILROAD CROSSING IMPROVEMENT PROJECT RW 0 Rd. No. 15830 CN 0 0 From: MP 1.41 To: MP 1.41 0 REPLACE RAIL ROAD CROSSING 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 150 0 0 CRP PE 8/1/2027 150 150 150 NEW ROAD CONSTRUCTION COLE RD TO CRAIG RD RW 0 Rd. No. CN 0 From: MP To: MP 0 NEW ROAD CONSTRUCTION 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 8/1/2030 150 150 150 NEW ROAD CONSTRUCTION CRAIG RD TO RYAN RD RW 0 Rd. No.: CN 0 0 From: MP To: MP 0 NEW ROAD CONSTRUCTION 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 8/1/2032 150 150 150 NEW ROAD CONSTRUCTION MANOR RD TO GOLDEN PHEASANT RD RW 0 Rd. No. CN 0 0 From: MP To: MP 0 NEW ROAD CONSTRUCTION 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 4/1/2030 150 150 150 NEW ROAD CONSTRUCTION KAMILCHE LANE TO MANOR RD RW 0 Rd. No. CN 0 0 From: MP To: MP 0 NEW ROAD CONSTRUCTION 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 8/1/2026 FBRB 1.25 1.25 1.25 0 BEEVILLE ROAD CULVERT REPLACEMENT RW 0 Rd. No. 01650 PETERSON CREEK CN 0 From: MP 1,14 To: MP 1.20 0 CULVERT REPLACEMENT 0 Total Project Cost $ 1,250 TOTALS 0 1.25 0 1.25 1.25 0 0 0 CRP PE 8/1/2030 150 150 150 NEW ROAD CONSTRUCTION RYAN RD TO BREWER RD RW 0 Rd. No. CN 0 From: MP To: MP 0 NEW ROAD CONSTRUCTION 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 55 0.68 09 54 0.06 51 1.00 53 0.54 52 0.70 50 0.63 07 49 0.00 08 48 1.00 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h C. Project Title D. Street/Road Name of Number Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e En vir Ty pe R/W Required Date (mm/yy) Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 0 MATLOCK BRADY ROAD SAFETY ENHANCEMENT PROJECT RW 0 Rd. No.: 90100 MATLOCK TO EVERS CN 8/1/2030 HSIP 1800 1800 1800 From: MP 16.67 To: MP 23.04 0 SHOULDER PAVING 0 Total Project Cost $ 1,800,000 TOTALS 1800 0 0 1800 0 0 0 1800 CRP PE 1/1/2027 RTGP 400 400 400 0 MCEWAN PRAIRIE EXTENTION TO SR 101 RW 1/1/2028 RTGP 400 400 400 Rd. No.: 51800 CN 0 From: MP 2.45 To: MP 4.55 0 Road,bridges, roundabouts Rural Surface Transportation Grant Program 0 Total Project Cost $ 800,000 TOTALS 800 0 0 800 0 400 400 0 CRP PE 1/1/2027 RTGP 400 400 400 0 RASOR ROAD EXTENSION TO SR 3 RW 1/1/2028 RTGP 400 400 400 Rd. No.: 62400 CN 0 0 From: MP 2.36 To: MP 4.36 0 Road, roundabouts Rural Surface Transportation Grant Program 0 Total Project Cost $ 800,000 TOTALS 800 0 0 800 0 400 400 0 CRP PE 0 0 BOLLING ROAD (GRAVEL CONVERSION) RW 0 Rd. No.: 10510 CN 8/1/2028 40 40 0 40 From: MP 0.00 To: MP 0.28 0 GRAVEL CONVERSION TO CHIP SEAL 0 Total Project Cost $ 40,000 TOTALS 0 0 40 40 0 0 40 0 CRP PE 1/1/2027 RTGP 800 800 800 0 CLOQUALLUM ROAD EXTENTION TO SR 101 RW 1/1/2028 RTGP 500 500 500 Rd No.: 10000 CN 0 0 From: MP 1.47 To: MP 1.53 0 On / Off ramps to SR 101 Rural Surface Transportation Grant Program 0 Total Project Cost $ 1,300,000 TOTALS 1300 0 0 1300 0 800 500 0 CRP PE 0 0 NORTH SHORE ROAD (GRAVEL CONVERSION) RW 0 Rd. No.: 70390 BURMA ROAD CN 8/1/2027 300 300 300 From: MP 19.76 To: MP 25.48 0 GRAVEL CONVERSION TO CHIP SEAL 0 Total Project Cost $ 300,000 TOTALS 0 0 300 300 0 300 0 0 CRP PE 8/1/2027 150 150 150 0 LYNCH ROAD RAILROAD CROSSING IMPROVEMENT PROJECT RW 0 Rd. No. 15500 CN 0 0 From: MP 0.73 To: MP 0.73 0 REPLACE RAIL ROAD CROSSING 0 Total Project Engineering Cost $ 150,000 TOTALS 0 0 150 150 0 150 0 0 CRP PE 0 0 DEEGAN ROAD WEST CULVERT REPLACEMENT RW 0 Rd. No.: 06110 CN 8/1/2031 2000 2000 0 2000 From: MP 0.20 To: MP 0.30 0 0 Total Project Cost $ 2,000,000 TOTALS 0 0 2000 2000 0 0 0 2000 08 62 0.10 08 61 5.72 07 49 0.00 58 2.00 60 0.06 09 59 0.28 07 57 2.10 07 56 6.37 F. Describe Work to be Done 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or roadFu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 0 MATLOCK BRADY ROAD SAFETY ENHANCEMENT PROJECT RW 0 Rd. No.: 90100 EVERS TO SHAFER CN 8/1/2031 HSIP 1100 1100 0 1100 From; MP 23.05 To: MP 26.26 0 0 Total Project Cost $ 1,100,000 TOTALS 1100 0 0 1100 0 0 0 1100 CRP PE 1/1/2027 150 150 150 0 SIMMONS EXTENTION TO LYNCH RD RW 0 Rd. No.: 15240 NEW ROAD CN 0 0 From; MP To: MP 0 0 Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 150 0 0 CRP PE 0 0 ARCADIA ROAD SAFETY IMPROVEMENT PROJECT RW 0 Rd. No.: 91100 COLLIER TO LYNCH RD CN 8/1/2031 SS4A 1700 1700 0 1700 From; MP 1.82 To: MP 7.04 0 0 Total Project Cost $ 1,700,000 TOTALS 1700 0 0 1700 0 0 0 1700 TOTALS 84.77 40901.95 12597.52 17198.86 70698 14052 8011 11909 37476 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 09 64 1.00 08 65 1.00 07 63 3.21 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a Two public hearings in the Commissioners Chambers of Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington 98584 and live stream at http://masonwebtv.com/ on Tuesday, September 16, 2025 at 9:15am. SAID HEARINGS will be to consider adopting Mason County’s 1) 2026 Annual Road Program 2) Six Year Transportation Improvement Program for the years 2026 to 2031. Draft documents available on the Public Works webpage, which includes a virtual link to proposed TIP projects. This link provides detailed information and location of projects: https://storymaps.arcgis.com/stories/9db68a4f8a064d6897c5291f15d7a427 Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 ext. 419. DATED this ______day of ________________, 2025. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton, WA 98584 cc: Commissioners Community Development Public Works Shelton Journal: Publ. 2t: 8/14/25& 8/21/25 RESOLUTION NO. _____-25 Adoption of the 2026 Annual Road Program WHEREAS, RCW 36.81.130 and Ch. 136-16 WAC call for the County Engineer, on or before the first Monday in October, to file with the County Legislative Authority for consideration and adoption, a recommended plan for laying out, construction, and maintenance of county roads for the ensuing fiscal year; and, WHEREAS, the Annual Road Program consists of three components, an Annual Construction Program and cost thereof, an annual maintenance plan and cost thereof, and a road equipment purchases and major repairs plan and cost thereof; and, WHEREAS, the Annual Construction Program’s content meets Ch. 136-16-020 WAC and, conforms as nearly practicable to the county’s long range road program contained in the 2026 – 2031 Six Year Transportation Improvement Program; and, WHEREAS, the Annual Construction Program indicates whether such work is to be done by County Forces or by publicly advertised contract; and, WHEREAS, the Board has considered the Annual Road Program consisting of the Annual Construction Program, an annual maintenance plan, and a road equipment purchase and major repair plan, and revisions and changes were made and, shall adopt an Annual Road Program any time prior to the adoption of the county road budget; and, WHEREAS, any appropriations contained in the county road budget shall be void unless the county’s Annual Road Program is adopted prior to such appropriation; and, WHEREAS, the Annual Road Program shall not hereafter be changed except by unanimous vote of the Board members present and, the modifications shall be by Resolution; and, WHEREAS, the Annual Construction Program is attached hereto and is hereby incorporated and made part of this Resolution; and the 2026 equipment purchase plan, attached hereto as Exhibit A, is included with no anticipated plan for major repairs to the current fleet; and, WHEREAS, the 2026 Annual Construction Program shall be filed with the County Road Administration Board within 30 days after adoption but not later than December 31st of each year. WHEREAS, the Board of County Commissioners has held a public hearing on this 16th day of September, 2025. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Mason County that the Annual Road Program for 2026 is hereby adopted. APPROVED AND ADOPTED this _____ day of ________, 2025. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: ________________________________ SHARON TRASK, Chair _____________________________ MCKENZIE SMITH, Clerk of the Board ________________________________ PAT TARZWELL, Vice Chair APPROVED AS TO FORM: _______________________________ ________________________________ RANDY NEATHERLIN, Commissioner TIM WHITEHEAD, Ch. D.P.A. Cc: Cmmr Public Works Community Development County Road Admin. Board WSDOT Exhibit A 2026 Equipment Purchase Plan RESOLUTION NO. _____-25 Adoption of the Six-Year Transportation Improvement Program WHEREAS, in compliance with 136-15 WAC, Mason County has prepared the attachment Six- Year Transportation Improvement Program for the period January 1, 2026, through December 31, 2031; and, WHEREAS, the Board of County Commissioners hereby certifies that the priority array of potential projects on this County’s road system, including bridges, was prepared by the County Engineer during the preparation of the said Six-Year Transportation Improvement Program; and, WHEREAS, the Board of County Commissioners reviewed the current bridge condition report as prepared by the County Engineer on ________________, 2025; and, WHEREAS, the Board of County Commissioners finds that the proposed 2026-2031 Six-Year Transportation Improvement Program is consistent with the County Comprehensive plan; and, WHEREAS, the Board of County Commissioners has held a public hearing on this 16th day of September 2025. NOW, THEREFORE, BE IT RESOLVED, that the attached Six-Year Transportation Improvement Program for 2026 through 2031 be adopted, which is hereby incorporated and made part of this Resolution. BE IT FUTHER RESOLVED that the County Engineer is hereby directed to distribute copies of the Six-Year Transportation Improvement Program for 2026-2031 to all required agencies. ADOPTED this ____day of _______________2025. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: _____________________________________ SHARON TRASK, Chair _________________________________ MCKENZIE SMITH, Clerk of the Board _____________________________________ PAT TARZWELL, Vice Chair APPROVED AS TO FORM: _____________________________________ _________________________________ RANDY NEATHERLIN, Commissioner TIM WHITEHEAD, Ch. DPA cc: Commissioners Public Works Community Development County Road Admin. Board WSDOT Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.9 From: Richard Dickinson, U&W Management Ext: 652 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Ecology Local Solid Waste Funding Assistance (LSWFA) Grant Background/Executive Summary: The 2025-27 state capital budget included funding for Local Solid Waste Funding Assistance (LSWFA) grants through the Department of Ecology. Mason County was allocated $567,760 over the 7/1/25 – 6/30/27 biennium which includes $175,352 for solid waste enforcement and $392,408 for planning and implementation. The purpose of Local Solid Waste Financial Assistance (LSWFA) is to: ▪Provide financial assistance for local solid and hazardous waste planning. ▪Promote regional solutions and intergovernmental cooperation for eligible projects. ▪Promote efficient implementation of programs contained in local solid and hazardous waste management plans. ▪Help local governments prevent or minimize environmental contamination through compliance with state and local solid and hazardous waste laws and rules. Mason County Solid Waste uses this grant to offset costs associated with the recycling and household hazardous waste programs. These programs are free of charge to residents. Fund #402 budget pays vendors to dispose of HHW and recycling materials and then the county is reimbursed by Ecology. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): This grant reduces the ratepayer cost to carry out the County’s current household hazardous waste disposal and recycling operations. It does not encumber the County to participate in any programs that are not already budgeted and in operation. Requested Action: Request the Board authorize the Public Works Director and/or Deputy Director – Utilities and Waste Management to sign the 2025 – 2027 Local Solid Waste Funding Assistance (LSWFA) agreement. Attachment(s): 1.Draft LSWFA agreement 2025-2027 P&I Mason Co UW Agreement No. SWMLSWFA-2025-MaCoUW-00276 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY - UTILITIES AND WASTE MANAGEMENT DEPARTMENT This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and Mason County - Utilities and Waste Management Department , hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: Mason County will spend $392,408.00 to continue programs that safely collect and dispose of 100 tons of household hazardous waste from residents and provide convenient locations for collecting 1,900 tons of material for recycling. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks . Overall Goal: Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. $392,408.00 $392,408.00 $294,306.00 $98,102.00 07/01/2025 06/30/2027 Planning & Implementation SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 2 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number:SNAXPBGW4VR4 Mailing Address: Contacts Mason County - Utilities and Waste Management Department 91-6001354 100 W Public Works Dr Shelton, WA 98584 Billing Contact Authorized Signatory Project Manager Richard Leon Dickinson Deputy Director 100 W Public Works Drive Shelton, WA 98584 Shelton, Washington 98584 Email: rdickinson@masoncountywa.gov Phone: (360) 427-9670 X652 Michele Remmen Sr. Acct. Tech 100 W Public Works Dr Shelton, Washington 98584 Email: mremmen@masoncountywa.gov Phone: (360) 427-9670 x566 Kevin Guijosa Solid Waste Program Manager 100 W Public Works Dr Shelton, Washington 98584 Email: kguijosa@masoncountywa.gov Phone: (360) 463-2958 Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 3 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Contacts ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Project Manager Financial Manager Christina Kullberg PO Box 47775 Olympia, Washington 98504-7775 Email: CKUL461@ecy.wa.gov Phone: (360) 999-3769 Christina Kullberg PO Box 47775 Olympia, Washington 98504-7775 Email: CKUL461@ecy.wa.gov Phone: (360) 999-3769 Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 4 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:1 Task Cost: $80,000.00 Task Title:MRW Collection and Management Task Description: The RECIPIENT will continue to operate the Moderate Risk Waste (MRW) facility at the Shelton Transfer Station and three satellite drop off sites in Belfair, Hoodsport and Union. These facilities exist to provide residents with a safe and convenient drop off of their Household Hazardous Waste (HHW) in an effort to improve the quality of the environment by providing an alternative to illegal dumping and or improper disposal of this material. RECIPIENT will continue a partnership with Kitsap County Solid Waste through an interlocal agreement to accept HHW from North Mason County residents at the Kitsap HHW facility. RECIPIENT will follow all applicable local or state requirements to operate a MRW facility. RECIPIENT or delegate is responsible for worker safety training. RECIPIENT is not accepting waste from businesses that designate as Small Quantity Generators (SQG). If shipment/disposal bills for SQG waste cannot be separated from HHW, then a fee must be charged to each business to cover disposal costs and those fees must be itemized as a credit to the task. RECIPIENT is not participating in the PaintCare product stewardship program. Costs, product and or materials covered by existing product stewardship organizations such as E -Cycle Washington, LightRecycle Washington, Call2Recycle, and PaintCare or by new product stewardship organizations that are fully implemented during this agreement period are not reimbursable by this grant program. RECIPIENT expects to produce and or distribute materials and must coordinate with the Ecology grant manager prior to incurring costs. Costs Eligible for Reimbursement •Staff salaries and benefits, and indirect not to exceed 30% •Contractor costs •Supplies and tools necessary to implement the task work (description and use must be clearly communicated in the Item Description on the Expenditures Table) •Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement •Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week •Disposal costs for the management of waste accepted from businesses that designate as Small Quantity Generators •Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreement period •Staff participation in trainings, workshops and or conferences not pre-approved in writing by ECOLOGY •Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 5 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: •Costs not supported with required documentation Task Goal Statement: The goal of this task is to provide residents with a safe and convenient drop off of their Household Hazardous Waste (HHW) in an effort to improve the quality of the environment by providing an alternative to illegal dumping and or improper disposal of this material. Task Expected Outcome: With the task budget, RECIPIENT estimates, •100 tons of HHW collected and managed Recipient Task Coordinator: Kevin Guijosa Deliverables MRW Collection and Management Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 6 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:2 Task Cost: $312,408.00 Task Title:Recycling Operations Task Description: RECIPIENT employees will operate the recycling center at the Shelton Transfer Station to collect designated recyclable materials from residents not served by curbside collection and is also the drop off location for recyclable materials collected curbside. The scope of this task includes recycling activity managed or performed by RECIPIENT at a recycling center such as a transfer station or drop box location, or at another location. See Special Terms and Conditions in this agreement. RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require ECOLOGY approval. RECIPIENT expects to produce and or distribute materials and must coordinate with the Ecology grant manager prior to incurring costs. Costs Eligible for Reimbursement •Staff salaries and benefits, and indirect up to 30% •Contractor costs •Costs not listed here but approved in writing by ECOLOGY Costs Ineligible for Reimbursement •Collection and disposal costs of any materials collected or advertised as collected for recycling or reuse, and or marketed for recycling or reuse under this task •Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week •Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations that are fully implemented during this agreement period •Costs at collection events that are covered by product stewardship organizations •Staff participation in trainings, workshops and or conferences not pre-approved in writing by ECOLOGY •Costs of membership in civic, business, technical and or professional organizations not pre -approved in writing by ECOLOGY •Costs not supported with required documentation Task Goal Statement: The goal of this task is to increase the amount of material collected for recycling and diverted from disposal by providing options for residents to recycle. Task Expected Outcome: With the task budget, RECIPIENT estimates, •1,900 tons of solid waste collected for recycling Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 7 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Recipient Task Coordinator: Kevin Guijosa Deliverables Recycling Operations Number Description Due Date 2.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 8 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State Model Toxics Control Operating Account (MTCOA) Type: Funding Source %: Description: 100% Local Solid Waste Financial Assistance Fund: FD Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 25% No No No BUDGET Funding Distribution EG250422 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: P&I Mason Co UW 07/01/2025 06/30/2027 Grant P&I Mason Co UW Task Total MRW Collection and Management 80,000.00$ Recycling Operations 312,408.00$ 392,408.00$Total: Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 9 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%294,306.00 392,408.0098,102.0025.00P&I Mason Co UW Total $$98,102.00 294,306.00 $392,408.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location) or other locations, ECOLOGY will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement , unless approved in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. ECOLOGY’s Solid Waste Management (SWM) program will implement a reporting assessment for all RECIPIENTs of grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a reassessment , RECIPIENT will be notified of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 10 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 11 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 12 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 13 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 14 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 15 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 16 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 17 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 18 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. 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 this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 19 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . Template Version 12/10/2020 SWMLSWFA-2025-MaCoUW-00276 P&I Mason Co UW Mason County - Utilities and Waste Management Department Page 20 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.10 From: Travis Adams Ext: 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 28, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Letter of Support for PUD No. 1’s Application to the EDA 2025 Disaster Supplemental Grant Program Background/Executive Summary: Public Utility District (PUD) No. 1 is applying for the United States Economic Development Association (EDA) 2025 Disaster Supplemental Grant Program fund the rest of their grid resiliency project, which includes the construction of a middle-mile substation at Jorstad Creek in Lilliwaup. The Commissioners have previously signed numerous letters of support for this important project. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): None Public Outreach: N/A Requested Action: Approval of the letter of support for Public Utility District (PUD) No. 1’s application to the Economic Development Association (EDA) 2025 Disaster Supplemental Grant Program. Attachment(s): Letter MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District PAT TARZWELL 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 August 5, 2025 U.S. Department of Commerce EDA 2025 Disaster Supplemental Grant Program 1401 Constitution Avenue, NW, Suite 71014 Washington, DC 20230 Re: Mason County PUD No. 1’s FY EDA 2025 Disaster Supplemental - Jorstad Substation Dear Selection Committee, The Mason County Board of County Commissioners would like to lend our support for Mason County PUD No. 1’s application to the EDA 2025 Disaster Supplemental grant program to fund their grid resiliency project, which includes the construction of a middle-mile substation at Jorstad Creek in Lilliwaup, Washington. This project is important for Mason County residents on the Hood Canal because that area experiences frequent and long-lasting power outages due to the terrain of U.S. Highway 101 and the Olympic National Forest. This stretch of line is vulnerable to natur al hazards like landslides, wind and snow events, and most commonly, fallen trees from the rainforest canopy. Currently there is a 35-mile stretch of power lines that run along Hwy 101 from Hoodsport to Mt. Walker in Brinnon. When one section goes out of power, the entire stretch goes out. During two large storm events in 2022, these customers were out of power for over three days the first time and over two days the second time because there is no redundant power supply. With a middle-mile substation, most of these customers could have been back in service in less than 24 hours. Additionally, the PUD’s Hoodsport Substation and the Jefferson County substation are old (1960’s) and both must be taken completely offline for the PUD to perform their maintenance. This middle- mile substation would improve the resilience of the local power grid and enable the PUD to keep most customers in power under most circumstances, thanks to a redundant power feed. It also will allow the PUD to be more efficient and proactive in the necessary maintenance that these other older substations need. The ability to feed into Hoodsport frees up capacity on their southern end substation that feeds the Skokomish Indian Tribe, the Skokomish Valley, and the town of Union, which helps keep more customers in service during storm events. Every customer on the PUD 1 system will benefit from this middle-mile substation and increased resiliency of PUD 1’s grid and from reducing pressure on electric rates. We hope you will agree and select Mason PUD 1’s project for funding. They have been a fantastic public partner for Mason County and have a proven track record of getting projects done. Sincerely, Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.11 From: Travis Adams Ext: 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 28, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Public Utility District No. 3 Letter of Support for Belfair Urban Growth Electrical Projects Disaster Supplemental Grant with the United States Economic Development Administration Background/Executive Summary: Public Utility District (PUD) No. 3 is requesting a letter of support for their Belfair Urban Growth Electrical Projects Disaster Supplemental Grant application with the United States (U.S.) Economic Development Administration (EDA). This is a three-phase project with Phase 1 work underway, and Phase 2 funded and shovel-ready. Grant funding is needed for Phase 3. The Belfair Urban Growth Area (UGA) is prone to rainstorms, windstorms, landslides, and other natural disasters that leave residents without power, phone service, water, and other basic needs. The electrical projects will create backups for substations that currently have none. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Approval of the letter of support for Public Utility District (PUD) No. 3’s Belfair Urban Growth Electrical Projects Disaster Supplemental Grant application with the United States (U.S.) Economic Development Administration (EDA) Attachment(s): Letter Fact Sheet Concept Map MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District PAT TARZWELL 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 August 5, 2025 The Honorable Howard Lutnick Secretary of Commerce U.S. Department of Commerce 1401 Constitution Ave NW Washington, DC 20230 98504 Re: PUD 3’s Application for Funding through the Disaster Supplemental Grant Program Dear Mr. Secretary, I am pleased to write in support of Mason PUD 3’s application for funding through the Disaster Supplemental Grant Program with the EDA. The Belfair Urban Growth Area (UGA) is well positioned with unique access to regional rail sidings, large plots of land for industrial zoning, and significant investment in infrastructure including the Washington State Department of Transportation’s future State Route 3 Freight Corridor and expansion of the nearby Naval shipyard. Significant private investment in housing and large commercial/industrial buildings are also underway. The area is also prone to rainstorms, windstorms, landslides, and other natural disasters that leave residents without power, phone service, water, and other basic needs. Some of the hardest areas to reach for power restoration are in the Belfair/North Mason area. PUD 3’s planned projects will create backups for substations that currently have none, reducing outage size and durat ion significantly. Mason PUD 3 has taken proactive efforts to complete the phased Belfair UGA Project, securing federal and state funding to fully fund the Belfair substation upgrade, build a new 115 kV switching station, and extend a feeder line to increase capacity and rel iability – work is underway on all of these projects. This final phase will build a new high -capacity electrical substation and build the transmission line to serve that new substation. Mason PUD 3’s plans for the Belfair UGA are a smart investment in the region’s future — strengthening the local power grid, supporting continued growth, and helping ensure the community stays safe and connected when it matters most. Sincerely, Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner PHASE 1 -PHASE 2 PHASE 3 fully funded PUD 3 will complete the last mile of a distribution “feeder” powerline from the Union River substation to the Log Yard Road traffic circle on Highway 3, along with related system hardening projects. This would allow for immediate large commercial, light industrial, and high-density residential housing to break ground. Other utilities are already on-site. Additional long-term growth and heavy-industrial development will require the following Phase 3. Belfair UGA Electrical Projects Phase 1 work is underway to prepare North Mason County for expanding economic development. Phase 2 is funded and shovel-ready. We are seeking state and federal funding for Phase 3. $8 million PUD 3 will replace the current connection, or tap, on BPA transmission with a switching station that allows PUD 3 to branch out with additional transmission lines to serve more customers. The design provides upgrades to keep more customers in power when problems do occur, from Harstine Island to Tahuya Peninsula. The existing substation will be upgraded with a larger power transformer to reliably support the load growth in the area. It also allows PUD 3 to shift electrical loads off other heavily-loaded substations (such as Benson) to make room for economic growth. $1 million $12 million $8 million: Olympic Ridge Substation will be built near the Belfair Water Tower in the UGA to support large loads and major development in the Gateway/Log Yard Road area. Of that cost, the power transformer alone will cost approx. $3 million, requiring 2+ years of lead time. $4 million: A 3.6-mile transmission line from the Belfair Switching Station to the new Olympic Ridge Substation will make the substation functional. PUD 3 will follow the existing BPA transmission corridor, then turn north along the SR3 Freight Corridor route. PUD 3 is currently acquiring easements.Grants received: $1.5M ARPA via Mason County $3M Community Project Funding via Rep. Kilmer under construction fully funded Funded through $1 million Washington State Capital Budget allocation in 2025, thanks to 35 District legislatorsth 3 3 BELFAIR HOOD CANAL PHASE 1 BELFAIR SUBSTATION & SWITCHING STATION UNION RIVER SUBSTATION P H A S E 2 F E E D E R L I N E P H A S E 3 T R A N M IS SI O N T O F U T U R E S U B S T A TI O N TRAFFIC CIRCLE E X I S T I N G B P A T R A N S M IS S I O N LI N E PHASE 3 FUTURE SUBSTATION FREIGHT CORRIDOR ROUTE For general reference only. Exact locations/routes to be determined. Not to scale. BEIGE COLOR: BELFAIR UGA CURRENT ITEM: FUTURE ITEM: 106 300 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.12 From: Travis Adams Ext: 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 28, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Parcel No. 22005-53-00012 1581 E Phillips Lake Loop Road Background/Executive Summary: A tax title foreclosure auction was held March 7, 2025, and a re-offer sale was held March 17, 2025. Parcel no. 22005-53-00012 did not receive any bids at either auction. Per RCW 36.35.150(d) “the County legislative authority may dispose of tax foreclosed property by private negotiation, without a call for bids, for not less than the principal amount of the unpaid taxes… when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve months from the date of the attempted public auction”. Richard Beckman recommends listing the parcel at $12,000. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): To be determined. Public Outreach: Parcel will be listed with Richard Beckman Realty Group, LLC Requested Action: Approval for Commissioner Neatherlin to sign the Exclusive Sale and Listing Agreement with Richard Beckman Realty Group, LLC for parcel no. 22005-53-00012, 1581 E Phillips Lake Loop Road. Attachment(s): Exclusive Sale and Listing Agreement Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.13 From: Kim Monroe Ext: 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 28, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Reclass Administrative Assistant Position to Administrative Services Manager in Public Defender ’s Office Background/Executive Summary: Reclass current AA Public Defenders Office position: The Administrative Assistant to the Public Defender’s Office has changed to the extent the job entails a higher skill set which requires increased knowledge and skill to perform the essential functions. The higher-level functions underlying this reclassification were previously performed by the Chief Public Defender. Due to difficulties in securing a permanent appointment to this position, these responsibilities have increasingly been assumed by the incumbent. This transition reflects the growing scope and complexity of the role, necessitating a formal reclassification to ensure proper alignment with the duties performed. Retention of Incumbent: It is recommended to reclassify the current incumbent Maggie Huston to the new position of Administrative Services Manager. Ms. Huston assumed these higher-level functions in March 2025 when the Chief Public Defender position was vacated. This succession plan is critical to maintaining operational continuity within the Public Defender’s Office. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): 25% increase to base wage of position. Public Outreach: N/A Requested Action: Approval to reclass Maggie Huston from Administrative Assistant to Administrative Services Manager and revise the Administrative Services Manager position description to better generalize the role, encompassing responsibilities for both the Prosecutors and the Public Defender programs. Attachment(s): Job Analysis Office of Human Resources Justiffcation for Reclassiffcation Administrative Assistant – Public Defense to Administrative Services Manager Incumbent: Maggie Huston, Oifice of Public Defense Audit by: Kim Monroe, HR Director Date: July 25, 2025 Overview: A comprehensive review of the incumbent’s responsibilities in the Administrative Assistant – Public Defense role indicates that the scope, complexity, and level of responsibility have evolved signiffcantly beyond the original classiffcation. The ffndings strongly support the reclassiffcation of the position of Administrative Services Manager (ASM) on a best-fft basis to accurately represent the nature and demands of the work. Expanded Scope of Responsibility: The incumbent's duties extend well beyond clerical or routine oifice tasks associated with the AA Public Defense classiffcation. Instead, the role now includes higher-level administrative management functions, such as: Budget Management: Independently preparing and managing multiple budgets, including oversight of complex grants, contracts, and reimbursements. This involves coordination with the Oifice of Public Defense (OPD), processing indirect costs, and reconciling ffnancial reports with county and state systems—core functions aligned with the ASM classiffcation. Policy and Compliance Oversight: Ensuring oifice operations adhere to evolving legal standards and OPD guidelines. The incumbent actively responds to changes in public defense policies and legislative requirements by implementing new procedures and maintaining compliance. Program and Office Leadership: Serving as a key liaison between the Chief Public Defender and internal/external stakeholders. The position leads strategic planning efforts, coordinates operational improvements, and implements systemic change—functions characteristic of the ASM role. Page 2 of 2 Supervisory and Independent Authority: Although the current classiffcation indicates “no supervisory responsibilities,” the audit reveals that the incumbent routinely supervises interns, volunteers, and temporary staff, and makes operational decisions independently. This includes managing schedules, prioritizing workload, and overseeing workflow in a high-pressure legal environment—demonstrating leadership responsibilities consistent with the ASM classiffcation. The incumbent monitors incoming defense cases and assigns case ffles to on-staff and contracted attorneys independently of the Chief Public Defender. The incumbent must understand the criteria for rating cases and assign cases based on attorney qualiffcations and caseload. Statute prohibits the incumbent from supervising legal staff (attorneys); however, the position can assume supervision of oifice support and legal assistant staff as part of the assigned responsibilities. Technical and Legal Expertise: The incumbent exhibits extensive knowledge of legal procedures, court rules, and state mandates related to public defense. Tasks such as drafting legal correspondence, preparing data for audits, and interpreting guidance from OPD require specialized legal and administrative expertise—surpassing the “basic computer skills” and customer service functions outlined in the AA classiffcation. Strategic and External Engagement: Consistent with ASM functions, the incumbent represents the department in cross-agency workgroups, collaborates with county ffnancial departments, OPD, and justice partners [law ffrms, judicial and state departments], and contributes to departmental strategy and performance initiatives. These activities require sound judgment, discretion, and interdepartmental coordination, which are not reflected within the current classiffcation. Conclusion: The comprehensive review provides clear evidence that the incumbent’s responsibilities have expanded beyond the scope of the Administrative Assistant – Public Defense classiffcation. The increased complexity, independence, ffnancial authority, and leadership duties align more closely with the Administrative Services Manager class speciffcation. Reclassiffcation will ensure that the position accurately reflects the work performed, supports internal equity, and facilitates effective recruitment and retention efforts through an appropriate job structure. Additional Considerations: It is recommended to revise the Administrative Services Manager position description to better generalize the role, encompassing responsibilities for both the Prosecutors and the Public Defender programs. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.14 From: Kim Monroe Ext: 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 28, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Angela Avery Law PLLC Contract for Services in the Public Defender ’s Office Background/Executive Summary: We have been unsuccessful in filling the Chief Public Defender position. Due to the critical nature of this work, we are requesting to contract with Angela Avery from August 1, 2025 through December 31, 2025 for 18 hours per week to assume the essential duties of the role. Avery will provide supervision of legal staff, along with training and developing a caseload protocol in compliance with the WA State Bar Association Caseload Standards. Avery will also work with the County to develop a recruitment plan using her established contacts to maximize our outreach efforts. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): $51,594.00 payable in increments of $10, 318.00 per month from August 1, 2025, to December 31, 2025. Public Outreach: N/A Requested Action: Approval of the Professional Services Contract with Angela Avery Law PLLC to assume the essential duties of the Chief Public Defender position from August 1, 2025, to December 31, 2025 for the amount of $51,594. Attachment(s): Contract 1 Professional Services Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Angela Avery Law PLLC , referred to as "CONTRACTOR with it’s principle offices at 1104 Main Street Ste 200, Vancouver, WA 98660.” RECITALS: WHEREAS, COUNTY desires to retain a person or firm to perform duties in lieu of COUNTY position of Chief Public Defender; and WHEREAS, CONTRACTOR represents that it is qualified and possesses the necessary expertise, knowledge, and skill, and has the necessary licenses and/or certification to perform services set forth in this CONTRACT; and WHEREAS, CONTRACTOR agrees to perform work as defined by the SCOPE OF SERVICES herein attached; NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions The CONTRACTOR is a self-employed individual doing business as Angela Avery Law PLLC and shall perform services for the COUNTY under this Agreement solely for the purpose of fulfilling duties and responsibilities typically assigned to the Chief Public Defender. All services performed under this contract, and as defined in the Scope of Services, are distinct and independent from any legal representation or casework provided to the COUNTY through the Southwest Defenders, a private law firm which the CONTRACTOR is associated with. The CONTRACTOR shall maintain a clear separation between services rendered under this Agreement and those performed in any other capacity or contractual relationship with the COUNTY. 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. Performance Period: The performance period for this CONTRACT shall be for a period from date acceptance by the Mason County Board of Commissioners, through December 31, 2025, beginning said date of August 1, 2025, unless and until the Chief Deputy Defense position is filled by an employee of Mason County. 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 2 Professional Services Contract be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: Following December 31, 2025, this CONTRACT may be renewed on a month-to-month basis upon mutual agreement of the parties. All terms and conditions of the CONTRACT shall remain in full force and effect during such renewal period, unless otherwise amended in writing, and shall continue until terminated by either party with advance written notice. Compensation: CONTRACTOR shall be compensated in an amount not to exceed $51,594.00 for the term of this CONTRACT payable in increments of $10, 318.00 per month from August 1, 2025, to December 31, 2025. Monthly payments shall be paid within fifteen (15) business days following the submission of a monthly invoice and verification of services performed. Payments will be processed in the COUNTY’s regular accounts payable cycle. 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. The CONTRACTOR shall be solely responsible for supplying all necessary equipment required to perform the assigned services. The COUNTY will provide appropriate workspace at the COUNTY offices to facilitate the CONTRACTOR’S activities. Additionally, the CONTRACTOR shall enable opportunities to meet with COUNTY staff and clients as needed to ensure effective collaboration and service delivery. 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 they maintain 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 3 Professional Services Contract 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, 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 thirty (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 4 Professional Services Contract 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; 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. 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. 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 5 Professional Services Contract 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. Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between CONTRACTOR and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and CONTRACTOR agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs" is available to research this information at http://epls.arnet.gov/. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-CONTRACTORs, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. 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 and its 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 6 Professional Services Contract 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. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six-year retention period. 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. 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. Proof of Insurance: A Certificate of Insurance naming MASON County as the Certificate Holder must be provided to COUNTY prior to execution of CONTRACT. 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 7 Professional Services Contract 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 therefrom) 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. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the County Administrator of Mason County, 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. 8 Professional Services Contract COUNTY’s Administrative Officer: Travis Adams Mason County County Administrator 411 N 5th Street Shelton, WA 98584 Phone: (360) 427-9760, ext. 530 E-mail: tadams@masoncountywa.gov CONTRACTOR's Administrative Officer: __________________________________ __________________________________ __________________________________ Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the 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 9 Professional Services Contract B Compensation.” An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such an 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 funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with “Exhibit A Scope-of-Services” and “Exhibit B Compensation.” Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any 10 Professional Services Contract 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 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. Exhibit A – Scope of Services B. Exhibit B – Compensation C. Exhibit C – Insurance Requirements D. Exhibit D – Title VI Requirements 11 Professional Services Contract 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. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Signature Sharon Trask, Chair ____________________________________ By and Title Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM: ____________________________________ Tim Whitehead, Chief DPA 12 Professional Services Contract EXHIBIT A SCOPE OF SERVICES Chief Public Defense Officer – Training, Supervision, and Strategic Consultation Mason County Public Defense Office The CONTRACTOR shall provide services equivalent in scope and complexity to those of a Chief Public Defense Officer for the Mason County Public Defense Office, providing a combination of professional legal training, attorney supervision, strategic consultation, and operational support. These services are contracted to ensure newly hired public defenders receive the necessary support to competently and ethically represent indigent clients in District Court and the Public Defense Office is in compliance with all Washington State Supreme Court standards for indigent defense. The services rendered under this Agreement are intended to temporarily fulfill the functional needs of the Public Defense Office until such time as a permanent appointment of a Chief Public Defense Officer is made or the County otherwise determines the services are no longer required. Deliverables As part of this contract, the CONTRACTOR shall provide structured training to new attorneys, including instruction on how to manage a District Court caseload of 250 or more clients, apply the Washington Criminal Rules of Evidence, and communicate effectively with clients experiencing serious mental illness or substance use disorders. The CONTRACTOR shall train attorneys to serve as competent trial counsel and shall also develop and implement a comprehensive and replicable training protocol for onboarding new staff. The CONTRACTOR will be available in person and virtually to provide direct consultation to attorneys on legal strategies, courtroom advocacy, client-centered defense, and general questions regarding professional conduct and office procedures. The CONTRACTOR shall supervise all licensed attorneys employed by the Mason County Public Defense Office. This includes evaluating staff performance, identifying training and development needs, and providing constructive feedback. The CONTRACTOR shall establish individualized career development plans and support attorney growth while ensuring work is performed effectively, ethically, and in alignment with the Washington Rules of Professional Conduct, applicable statutes and case law, and Mason County Public Defense Office policies and procedures. The CONTRACTOR will also provide legal consultation in complex cases. This includes assisting attorneys in identifying legal issues, performing legal research, evaluating alternatives, and recommending strategies. The CONTRACTOR will clearly and logically present facts, legal concepts, and arguments to both individuals and groups in training and consultation settings. In collaboration with the office’s administrative support staff, the CONTRACTOR shall assist in developing and implementing internal office goals, objectives, and standard operating procedures. The CONTRACTOR will help establish working standards to ensure attorneys maintain reasonable caseloads within budgetary constraints. The CONTRACTOR will also attend meetings with County stakeholders and leadership—virtually or in person—as needed to address conflict resolution, client complaints, OPD grant applications, budget issues, and broader organizational planning. The CONTRACTOR will conduct regular staff meetings to coordinate and communicate with the full attorney team. 13 Professional Services Contract The CONTRACTOR shall play a key role in recruitment efforts for the Public Defense Office by establishing contacts with law schools throughout Washington, Oregon, and Idaho, and attending on-campus and community events to promote available positions. The CONTRACTOR shall serve as a liaison with the Washington State Office of Public Defense’s Rural Public Defense Program to support and maximize use of the program for recruiting and retaining qualified public defense attorneys. The CONTRACTOR will develop and implement a case-weighting protocol that complies with caseload standards as defined by the Washington State Bar Association and the Office of Public Defense CBA. In doing so, the CONTRACTOR shall collaborate with other public defense professionals across the state to develop workable statewide standards that respond to the unique needs and constraints of rural public defense offices like Mason County’s. The CONTRACTOR will be available both virtually and in person as needed to meet the responsibilities described in this Exhibit. Deliverables under this contract shall include a written training protocol, attorney performance evaluations and development plans, updates to internal operating procedures, quarterly activity summaries, a proposed case-weighting model, and documentation of participation in meetings and recruitment efforts. The CONTRACTOR agrees to perform additional duties as may be reasonably required to carry out the objectives of this contract, provided such duties are directly related to the services set forth in Exhibit A and do not materially alter the nature or scope of services without prior written agreement by both parties. AMENDMENTS AND CHANGES IN WORK In the event of any errors or omissions by the CONTRACTOR in the performance of any work required under this Contract, the CONTRACTOR shall make any and all necessary corrections without additional compensation. All work submitted by the CONTRACTOR shall be certified by the CONTRACTOR and checked for errors and omissions. The CONTRACTOR shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY. Obligation of Service Hours and Method of Performance The CONTRACTOR agrees to provide services under this Agreement for an average of eighteen (18) hours per week for the duration of the contract term. Work hours may be distributed flexibly between in-person and virtual delivery as necessary to fulfill the responsibilities outlined in this Exhibit. 14 Professional Services Contract EXHIBIT B COMPENSATION AND REQUEST FOR PAYMENT A. Compensation: The CONTRACTOR shall be compensated for services up to but not to exceed $51,594.00 for the term of this CONTRACT payable in increments of $10, 318.00 per month from August 1, 2025, to December 31, 2025. Monthly payments shall be paid within fifteen (15) business days following the submission of a monthly invoice and verification of services performed. Payments will be processed in the COUNTY’s regular accounts payable cycle. Invoices must detail the work completed during the billing period and reference key deliverables or activities as outlined in Exhibit A. If the Agreement is terminated prior to the end of the term, compensation shall be prorated based on the number of full months of service completed and substantiated by invoicing. B. Reimbursement of Expenses When the CONTRACTOR is required to stay in Shelton or outside a 100-mile radius of the CONTRACTOR’S office for COUNTY-related activities, the COUNTY will reimburse the CONTRACTOR for actual lodging expense and any applicable taxes. Unless otherwise approved in writing by the County in advance, this Agreement is inclusive of all other costs and expenses. Additional expenses not included in the total contract amount will not be reimbursed without prior written approval. C. Adjustments and Extensions Any modification to compensation, including an extension of the contract term or changes in scope that impact the budget, must be made by written amendment to this Agreement and approved by both parties in accordance with County contracting policies. 15 Professional Services Contract D. Invoicing/Billing All payments shall be made by Mason County via Electronic Warrant upon receipt of a properly completed invoice submitted to the Mason County Public Defense Office. Invoices must be submitted to: Maggie Huston Mason County Public Defense Office MHuston@masoncountywa.gov Unless otherwise approved in writing by the County in advance, this Agreement is inclusive of all costs and expenses. The total compensation amount includes any travel, lodging, meals, and materials needed to perform the services described in Exhibit A. Additional expenses not included in the total contract amount will not be reimbursed without prior written approval. 16 Professional Services Contract EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of this AGREEMENT, CONTRACTOR shall maintain in effect all insurance as required herein and comply with all limits, terms and conditions stated herein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is provided to the County and approved by the County Risk Manager. The policy shall provide and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made or suit is brought except with respect to limits of the company’s liability. 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 two million dollars ($2,000,000) per occurrence for all covered losses and no less than five million dollars ($5,000,000) 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 the CONTRACTORs, with employer liability limits 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 one million dollars ($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 the CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Professional Legal Liability: The CONTRACTOR, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONTRACTOR’S profession and shall be written subject to limits of not less than $1,000,000.00 per claim and two million dollars ($2,000,000) in the aggregate. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONTRACTOR’S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONTRACTOR’S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract. The coverage shall be maintained during the term of this agreement and for at least three (3) years following its termination or expiration. 5. Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross- liability exclusion of claims or suits by one insured against another. 17 Professional Services Contract B. Certificate of Insurance: A Certificate of Insurance naming County as the Certificate Holder must be provided to County prior to execution of AGREEMENT. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds Mason 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, sub-CONTRACTORs, and anyone else involved in this CONTRACTOR 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 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. 18 Professional Services Contract 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a sub-CONTRACTOR 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 to require insurers, to provide notice to County thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any sub-CONTRACTORs, 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. 19 Professional Services Contract ATTACHMENT D TITLE VI REQUIRMENTS During the performance of this contract, the CONTRACTOR, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONTRACTOR") agrees as follows: The CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and its implementing regulations, which prohibit discrimination on the basis of race, color, or national origin under any program or activity receiving federal financial assistance. The CONTRACTOR assures that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity undertaken by the CONTRACTOR under this Agreement. The CONTRACTOR further agrees to comply with all requirements imposed by or pursuant to Title VI regulations and directives issued by the federal funding agency, and to ensure these obligations are incorporated into all subcontracts. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.15 From: McKenzie Smith Ext: 589 Department: Central Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text.Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Proposed Np Buffer Rulemaking and Tier II Review Background/Executive Summary: The Washington State Department of Ecology drafted a Tier II Antidegradation Analysis for the Washington Forest Practices Board’s proposed Western Washington Type Np Waters Buffer Rule. The proposed rule sacrifices these proven environmental and economic benefits without any demonstrated improvement to fish recovery or water quality and would disproportionately impact rural communities. Mason County could face an estimated loss of more than $2 million in excise tax revenue. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Estimated loss of more than $2 million in excise tax revenue. Public Outreach: N/A Requested Action: Approval of the letter of opposition to the Washington State Department of Ecology draft Tier II Antidegradation Analysis for the Washington Forest Practices Board’s proposed Western Washington Type Np Waters Buffer Rule. Attachment(s): Letter MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District PAT TARZWELL 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 August 5, 2025 Forest Practices Board c/o Patricia Anderson, Rules Coordinator Washington State Department of Natural Resources 1111 Washington Street SE Olympia, WA 98504 forest.practicesboard@dnr.wa.gov Re: Comment on Proposed Np Buffer Rulemaking and Tier II Review Dear Members of the Forest Practices Board, We are writing to express our strong opposition to the proposed Np buffer rule and the associated Tier II analysis advanced by the Department of Ecology. This process has strayed from the foundational principles of science-based policymaking and has undermined the integrity of Washington’s established Adaptive Management framework. Washington’s private forestlands already meet stringent environmental standards. These lands play a vital role in supporting salmon habitat, safeguarding clean water, enhancing wildfire resilience, and storing carbon. The proposed rule sacrifices these pro ven environmental and economic benefits without any demonstrated improvement to fish recovery or water quality. The costs, both environmentally and economically, are staggering. This rule would disproportionately impact rural communities, threatening jobs, tax revenue, and essential public services, including schools. In Mason County, the implications are particularly serious. The county faces an estimated loss of more than $2 million in excise tax revenue, directly affecting our junior taxing districts and local services. The burden placed on communities like ours is both significant and unjustified. Landowners have upheld their obligations under the Forests & Fish Agreement, absorbing more than $2.36 billion in compliance costs and setting aside 764,000 acres of forestland with the understanding that future regulatory changes would be based on science through the Adaptive Management Program. The current proposal ignores that commitment, imposing new restrictions without compensation or scientific justification. This is not the fair, transparent, or legally sound process the public deserves. Imposing such a heavy burden on rural Washington, without meaningful environmental benefit, is inequitable, unsustainable, and contrary to the very spirit of collaborative for est policy. We urge the Forest Practices Board to reject the proposed Np buffer rule, disregard Ecology’s flawed Tier II analysis, and restore the integrity of the Adaptive Management Program as the appropriate process for evaluating and updating forest practice rules. We need environmental policy that reflects scientific consensus, honors legal agreements, and supports both ecological resilience and rural livelihoods. The current rulemaking fails on all counts. Thank you for your service and for your thoughtful consideration of these concerns. Sincerely, Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.16 From: Richard Dickinson, U&W Management Ext: 652 Department: Public Works Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 14, 2025 and July 28, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Solid Waste Drop Box Hauling and Regional Recycling Drop Station Contract with Mason County Garbage & Recycling Background/Executive Summary: Mason County currently contracts with Mason County Garbage Company, Inc. (MCG) to provide solid waste and recycling hauling services. These services were procured through a competitive Request for Proposals (RFP) process. The existing agreement, executed in April 2021, is valid through April 2026, with an option for the County to renegotiate an extension at its discretion. Proposed modifications to the current contract include: •Annual price increase calculation changes from 90% of the June-to-June CPI-U, Olympia, WA Area to 100% of the January-to-January CPI-U, Olympia, WA Area •proposing contract renewal term of 10 years, with an option for an automatic 5-year renewal period. •And an updated proposed rate schedule. •all other terms and conditions are expected to remain unchanged. Staff evaluated the feasibility and cost-effectiveness of performing the drop box hauling services in- house. After analyzing actual costs, staff determined that continuing to contract with MCG is the more economical approach for most locations. A cost comparison is summarized below: Site Current MCG Haul Rate 2025 Proposed MCG Haul Rate 2026 Internal Haul Rate 2025 Belfair $291.87 $284.60 $286.37 Hoodsport $221.58 $167.42 $199.11 Union $198.79 $142.37 $141.30 Apart from the Union site, contracted rates remain lower or comparable to internal costs. Rates for Recycling Services are summarized below to illustrate the change in proposed rates. Site Current Rate Proposed 2026 Rate Shelton $119.58 $119.63 Belfair $235.56 $235.66 Hoodsport $152.13 $152.20 Union $129.37 $129.43 Associated Costs/Budget Impact: Staff recommends renewing the contract with Mason County Garbage, as it is more cost-effective than the county performing the services. No immediate budget impacts are anticipated. Continued use of contracted services is expected to remain the more cost-effective option. Final cost impacts, if any, will be determined upon completion of contract renegotiation or selection through the RFP process. Public Outreach: None at this time. Requested Action: Request the Board authorize the Public Works Director to execute Amendment No. 1 to the Solid Waste Drop Box Hauling and Regional Recycling Drop Station Program Contract with Mason County Garbage & Recycling, extending the contract to April 1, 2031, with two optional five-year automatic renewals subject to mutual written agreement. Attachment(s): • Proposal letter from Mason County Garbage dated July 23, 2025 • Current contract • Amendment No. 1 AMENDMENT NO. 1 TO THE SERVICE AGREEMENT BETWEEN MASON COUNTY DEPARTMENT OF PUBLIC WORKS AND MASON COUNTY GARBAGE CO., INC. FOR SOLID WASTE DROP BOX HAULING AND REGIONAL RECYCLING DROP STATION PROGRAM The SERVICE AGREEMENT between MASON COUNTY and MASON COUNTY GARBAGE & RECYCLING is amended as follows: 1. The contract expiration date of April 1, 2026, is extended by five (5) years, to April 1, 2031, with an option for two (2) additional automatic five-year renewal terms, subject to mutual written agreement by both parties prior to each expiration term. 2. Adding Attachment A – Proposed Rates, effective April 1, 2026, with annual rate adjustments based on 100% of the January-to-January CPI-U for the Olympia, WA area. 3. All other terms, conditions, and fee schedules of the original contract remain unchanged and in full effect. Amendment dated this ______ day of _________2025. MASON COUNTY GARBAGE & RECYCLING MASON COUNTY ________________________________ ________________________________ Adam Balogh, Division Vice President Loretta Swanson, Public Works Director Approve as to Form: _________________________________ Tim Whitehead, Ch. DPA 1st April Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.17 From: Travis Adams Ext: 530 Department: Indigent Defense Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 7/28/2025 Agenda Date(s): 8/4/2025 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Resolution Increasing the Hourly Rate of Public Defense Attorneys from $100/Hour to $150/Hour Per Misdemeanor Case Background/Executive Summary: Mason County is at a critical level of in-house attorneys after the resignation of our Chief Public Defender and the loss of Misdemeanor attorneys. Maggie Huston our Felony Paralegal is doing an amazing job of keeping all of the balls juggling in the air, but she has too many balls and things are starting to fall apart. She continually cold calls other legal offices to see if they have any attorneys that would be willing to take on cases. We are struggling to find attorneys to cover the daily preliminary hearings that are required to address individuals arrested and being held in our jail. We are required to provide these individuals with an attorney so that they can make an informed decision about how to respond to their charges. The courts have all been very understanding, but the problem is getting bigger. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): With salary savings from vacant positions I do not believe we will need additional budget authority associated with this request at this time. That assessment is subject to change in the future. Public Outreach: N/A Requested Action: Approval of the Resolution giving the County Administrator the authority to negotiate hourly contracts with misdemeanor attorneys up to $150/hour from date of resolution execution through December 31st, 2025. Attachment(s): Resolution Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: McKenzie Smith Ext: 589 Department: Central Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 4, 2025 Agenda Date(s): August 5, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Department of Natural Resource’s Board of Natural Resources County Representative Background/Executive Summary: Skagit County Commissioner Lisa Janicki intends to resign as the County representative for the Board of Natural Resources (BNR) as of August 31, 2025. In anticipation of Cmmr. Janicki’s resignation, the Washington State Association of Counties (WSAC) has established an election timeline to have a new representative in place by the September 3, 2025, BNR meeting. Nominations were due by 5:00 p.m. on July 25, 2025, and ballots must be returned to WSAC by 5:00 p.m. August 13, 2025. The BNR has policy authority over the State Forestlands held in trust for Counties and taxing districts. One application was submitted from Clallam County Commissioner Randy Johnson. Cmmr. Trask recommends voting for Cmmr. Johnson as the County representative for the BNR due to Cmmr. Johnson’s related experience and qualifications. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Approval to vote for Clallam County Commissioner Randy Johnson for the County representative position on the Department of Natural Resource’s Board of Natural Resources (BNR). Attachment(s): WSAC Memo Statement of Interest TO: County Commissioners, Councilmembers, and Executives FROM: Derek Young, WSAC Executive Director DATE: July 7, 2025 RE: Elections Process Announced - Nominations Sought for Board of Natural Resources’ County Representative Skagit County Commissioner Lisa Janicki has notified WSAC that she intends to resign as the county representative for the Board of Natural Resources (BNR). Her resignation will be effective 8/31/2025. In anticipation of her resignation, we have established an election timeline to have a new representative in place for the 9/3/2025 BNR meeting. RCW 43.30.205 is the statutory authority for this position and provides the basic process for appointing a county representative. WSAC is soliciting nominations and letters of interest from eligible members to fill the remainder of the current four-year term ending 6/30/2026. Another election will be conducted for the next four-year term before 6/30/2026. The BNR has policy authority over the State Forestlands held in trust for counties and taxing districts. Income flowing from these lands is distributed annually to counties based on various formulas and results, collectively, in millions of dollars to county budgets. For more information about the BNR, visit https://www.dnr.wa.gov/about/boards-and-councils/board-natural-resources. Election and Eligibility Requirements RCW 43.30.205(2)(a) states that “The county representative on the board shall be selected by the legislative authorities of those counties that contain state forestlands acquired or transferred under RCW 79.22.010, 79.22.040, and 79.22.020. In the selection of the county representative, each participating county shall have one vote. The Washington state association of counties shall convene a meeting for the purpose of making the selection and shall notify the board of the selection.” RCW 43.30.205(2)(b) states that “The county representative must be a duly elected member of a county legislative authority who shall serve a term of four years unless the representative should leave office for any reason.” Counties Eligible to Vote The following twenty-one counties are eligible to vote for the county representative to the BNR: Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, King, Kitsap, Kittitas, Klickitat, Lewis, Okanogan, Mason, Pacific, Pierce, Skagit, Skamania, Snohomish, Stevens, Thurston, Wahkiakum, and Whatcom. Candidates Eligible members who wish to become a candidate for the county representative seat must complete and submit an application form to WSAC by 5 p.m. Friday, 7/25/2025. While only specific county legislative authorities are allowed to vote, all duly elected members of a county legislative authority are eligible to apply. The BNR meets on the first Tuesday of every month. The first meeting for the new county representative will be on 9/3/2025. It is vital that the county representative does not miss a meeting. Please make sure you are available on 9/3/2025 if you decide to apply. To apply, click here: https://form.jotform.com/223324725825052 Elections Process and Timeline WSAC will convene a meeting on Thursday, 7/31/2025, at 11:00 AM via Zoom to allow candidates to present their interests to voting members. Members can also ask questions about the candidates. An electronic calendar invitation will be sent to all voting-eligible County Commissioners and Councilmembers, including the meeting link. Ballots will also be distributed by email to each Board or Council Chair of each county eligible to vote on 8/4/25. Each county will receive one ballot. While counties are allowed only one vote each, they may fractionalize their vote if desired or needed. Each county is responsible for its process of completing the ballot. Completed ballots must be emailed to Paul Jewell (pjewell@wsac.org) by 5 p.m. on Wednesday, 8/13/2025. Timeline Recap 7/25/25 Nominations are due to WSAC no later than 5:00 PM. 7/31/25 WSAC meeting for nominee interest statements and ballots sent via email to each eligible county Board or Council Chair. 8/4/25 Ballots will be emailed to each Board or Council Chair of each county eligible to vote. 8/13/25 Ballots are due to WSAC no later than 5:00 PM. 8/15/25 WSAC will certify the election results and announce the new county BNR representative. If you have questions about eligibility, the election process, or responsibilities as the county representative to the BNR, please contact Derek Young at dyoung@wsac.org or (360) 999-0029. CLALLAM COUNTY COMMISSIONER RANDY JOHNSON STATEMENT OF INTEREST---WSAC REPRESENTATIVE ON THE BOARD OF NATURAL RESOURCES Department of Natural Resources (DNR) state trust lands are unique public working forests that provide funding for our schools, fire districts, and many other public services. State trust lands are also a critical source of timber that creates tens of thousands of jobs here in Clallam County and across rural Washington, while also providing clean water, recreational opportunities, and wildlife habitat. I would be honored to represent the WSAC timber counties on the Board of Natural Resources, which sets policy for the management of these lands. Clallam County has the largest number (93,000 acres) of DNR-managed State Forest Transfer lands (AKA county trust lands) of any timber county in the state. In total, DNR manages approximately 160,000 acres in Clallam County. Sustainable timber harvests from our State Forest Transfer lands support at least 17 junior taxing districts in Clallam County, as well as our forest products industry. Some of our junior taxing districts are highly dependent on the revenue they receive from DNR timber harvests to “stay in business,” so we have tried to improve to our ability to predict likely harvest revenues - for them as well as for Clallam County. In fact, our county recently created a Revenue Advisory Committee of all the junior taxing districts plus the county to meet with the DNR to review timber sale results and forecasts, understand and educate the committee as to the environmental and legal issues for timber sales, and to review other topics such as silviculture, wildfire preparedness and workforce needs. The timber industry is the only private employer in Clallam County that provides year- round, family-wage jobs. However, we have lost mills and forestry contractors and are at risk of additional losses if harvest levels on DNR lands are further reduced. Clallam County has worked cooperatively with DNR at all levels, including our local and regional offices, the Board of Natural Resources, and the Commissioner of Public Lands. On the local level, the DNR timberland provides wonderful recreational opportunities such as the property easements for the Olympic Discovery Trail, and the land for a world class downhill trail bike race. A significant portion of our local DNR lands (60%) have been set aside from timber harvest to benefit endangered species. It should be obvious that I live, recreate in and value our natural environment. I have extensive experience in both the private and public sectors with many of the issues that come before the Board of Natural Resources. RELATED WORK EXPERIENCE 1) Hot Shot crewmember and smokejumper fighting fires during summers while in college and graduate school. 2) Worked for a large corporation including the position of VP and Director of Forest Products for ITT Rayonier dealing with operations in Canada, the Southeast, and the Northwest. 3) President of Green Crow which started out as a very small company and grew into a family-owned company doing business in Washington, Oregon, Vermont, New Hampshire and New Zealand for 30 years. This included timber sales, timber purchases, land transactions of all varieties including an exchange with the DNR, cell tower leases, windmills, solar farm leases, sand and gravel operations, carbon credits and leases, recreational leases, conservation easements with environmental organizations, and fish habitat improvements. I am extremely proud to have been involved in the Forest and Fish agreement which resulted in a fifty-year state-federal Habitat Conservation Plan (HCP) for private lands resulting in cool clean water for fish as well as a predictable supply of timber to support industry and communities. Our family continues to be a small timberland owner with membership in the Washington Farm Forestry Association for timberland in Pacific and Clallam counties. Our family also continues to own timberland in Vermont and New Hampshire including maple syrup operations. 4) Since being a County Commissioner, I have served on the Timber Counties Caucus, the WSAC-led committee determining the economic effects of the Marbled Murrelet on counties, the committee to review and revise the Trust Land Transfer process, the Carbon and Forest Management work group, and the Encumbered Timber Counties caucus. In most cases, this was made possible by working with other counties, WSAC and others to collaborate on these projects and hopefully create better outcomes or information on which to make decisions. I have also been very involved in the timberland purchases by the DNR for the benefit of Clallam County related to Clallam County as an encumbered county. There are many critical issues that will soon come before the Board of Natural Resources, including a long-overdue Sustainable Harvest Calculation for eastern Washington and a new decadal plan for western Washington. The Board will also play an important role navigating the current debate about the harvest of mature forests and honoring the intent of the State Trust Lands HCP. I also believe we must continue to take a proactive approach to reducing hazardous fuels and aggressively fighting wildfires. I would be honored to have your support. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kim Monroe Ext.422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 7/28/2025 Agenda Date: 8/5/2025 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal ☐ Risk ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ ITEM: Update to the Non-Represented Salary Scale Creation of new job class for Administrative Manager – Public Defense, and placed at Range 34 BUDGET IMPACTS: 25% to the overall budget. BACKGROUND: Reclass of Administrative Assistant in the Public Defense to an Administrative Manager in Public Defense was completed. RECOMMENDED OR REQUESTED ACTION: Approval of the updated 2025 Non-Represented Salary Scale as presented. ATTACHMENTS: Updated 2025 non-represented salary scale and draft resolution. Resolution No. AMENDING RESOLUTION NO. 2025-031 WHEREAS, reclassification recommendations have been made for the creation of an Administrative Services Manager in the Public Defense Office; WHEREAS, the placement of the new position is recommended at Range 34 on the Non- Represented Salary Schedule; WHEREAS, it is recommended that incumbent in current Administrative Assistant position be reclassed to an Administrative Manager position and placed at Step 1 in the new salary range, effective March 1, 2025; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County: 1. Create an Administrative Manager position in the Office of Public Defense placed at Range 34 on the Non-Represented Salary Schedule. 2. The incumbent in the Administrative Assistant – Public Defense job classification shall be reclassed to an Administrative Manager-Public Defense at Range 34 Step 1, effective March, 2025. DATED this day of _____________, 2025. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ___________________________________ Sharon Trask, Chair ___________________________________ Randy Neatherlin, Commissioner ___________________________________ Pat Tarzwell, Commissioner RANGE CLASSIFICATION TITLE 52 County Administrator 51 Community Development Director Human Resources Director Public Health & Human Services Director Public Works & Utilities Director Undersheriff 50 Chief Public Defender 49 48 47 County Engineer Chief Criminal Deputy 46 IT Manager Deputy Director Public Works/Utilities & Waste Management 45 Chief Jail 44 Central Services Manager 43 Chief Superior Court Administrator Budget & Finance Manager Chief Finance Officer Chief Civil Deputy Building Official 42 41 Chief District Court Administrator Jail Lieutenant Patrol Lieutenant Facilities Manager 40 Engineering and Construction Manager 39 38 County Surveyor DEM Manager Finance Manager III - Public Works Finance Manager III - Health Services Non-Represented Salary Range Alignment RANGE CLASSIFICATION TITLE Non-Represented Salary Range Alignment Parks and Trails Manager Water & Wastewater Manager Road Operations & Maintenance Manager 37 Community Health Manager Environmental Health Manager 36 Engineer III 35 Juvenile Court Services Deputy Administrator 34 Prosecuting Attorney Administrative Manager Solid Waste Manager Public Defense Administrative Manager 33 Juvenile Detention Manager Chief Deputy Assessor Chief Deputy Treasurer Chief Deputy Clerk Chief Deputy Auditor Finance Manager II - MCSO Risk Manager Environmental Health Supervisor 32 Project Support Services Manager Equipment Maintenance Supervisor Road Operations & Maintenance Supervisor 31 30 Engineering & Construction Assistant Manager Grant Writer Senior Epidemiologist 29 Public Works Office Administrator Human Resources Analyst Clerk of the Board Finance Manager I 28 Engineer II Office Manager Therapeutic Court Program Manager Senior Financial Analyst - Central Services 27 Public Records Coordinator Epidemiologist RANGE CLASSIFICATION TITLE Non-Represented Salary Range Alignment 26 Engineer I Lead Judicial Assistant - Superior Court 25 Financial Analyst - Superior Court Financial Analyst - Central Services 24 Noxious Weed Coordinator Judicial Assistant / Family Law Facilitator Judicial Assistant / Official Court Recorder Executive Assistant - Central Services Executive Assistant - MCSO Deputy Coroner 23 22 21 WIC Coordinator/Certifier 20 Therapeutic Courts Caseworker Temp-Therapeutic Courts Caseworker 19 Administrative Clerk 18 17 16 Administrative Assistant II - Human Resources 15 14 13 Administrative Assistant I - Commissioners 12 11 10 Customer Service Specialist 9 8 RANGE CLASSIFICATION TITLE Non-Represented Salary Range Alignment 7 6 5 4 3 2 1 Central Shop Assistant Superior Court Judge Pro Tem*$130.43 Superior Court Pro Tem Commissioner $91.80 District Court Judge Pro Tem $91.80 Superior Court Bailiff $20.40 District Court Bailiff $20.40 Noxious Weed Specialist $17.34 - $22.44 Noxious Weed Inspector $16.66 - $20.40 *Linked to Superior Court Judge salary - ATBs do not apply Hourly Job Classes Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 10.1 From: McKenzie Smith Ext: 589 Department: Central Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): June 16, 2025 Agenda Date(s): June 24, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: 2024 Open Space Applications Background/Executive Summary: The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, farm and agricultural, and timberlands valued at their current use rather than their highest and best use per RCW 84.34. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: Hearing notice must be published at least ten (10) days prior to the hearing per RCW 84.34. Requested Action: Approval of the five (5) 2024 Open Space applications as recommended by the Assessor’s Office and Community Development. Attachment(s): Spreadsheet Parcel Planner Acreage Zoning Structures Notes (describe critical areas, development rights, etc.) Approve …subject to the following conditions …used in the following manner …may be removed if the land… 22104-40-00010 Kell 8.72 RR10 Residence and appurtenances forested with exception of home site. No critical areas Y-6.72 acres NO CLEARING OF LAND AND NO STRUCTURES TO BE ERECTED ON OPEN SPACE LAND = 6.72- ACRES; HOMESITE AREA = 2-ACRES PER OWNER'S REQUEST OR DETERMINATION BY MASON COUNTY IF CONDITIONS ARE NOT SUSTAINED. 51915-40-90003 Kell 10.13 IH Residence and appurtenances giving up one development right/field and forested, no critical areas Y-9.13 acres NO CLEARING OF LAND AND NO STRUCTURES TO BE ERECTED ON OPEN SPACE LAND = 9.13- ACRES; IMPROVED AREA = 1-ACRE PER OWNER'S REQUEST OR DETERMINATION BY MASON COUNTY IF CONDITIONS ARE NOT SUSTAINED. 42125-11-50050 Kell 27.41 RR20 None open space as part of perfomance large lot subdivision Y-full acreage NO CLEARING OF LAND AND NO STRUCTURES TO BE ERECTED ON OPEN SPACE LAND = 27.41- ACRES PER OWNER'S REQUEST OR DETERMINATION BY MASON COUNTY IF CONDITIONS ARE NOT SUSTAINED. 22125-14-00020 Kell 3.22 RR5 None giving up one development right. Marine shoreline, fully forested site. No other critical areas Y-full acreage NO CLEARING OF LAND AND NO STRUCTURES TO BE ERECTED ON OPEN SPACE LAND = 3.22- ACRES PER OWNER'S REQUEST OR DETERMINATION BY MASON COUNTY IF CONDITIONS ARE NOT SUSTAINED. 32331-33-90000 Kell 3.9 RR5 Residence and appurtenances Sund Rock Conservation Area uplands. Agency access for public "under water" education Y-2.9 acres NO CLEARING OF LAND AND NO STRUCTURES SHALL BE BUILT UPON SUCH LAND EXCEPT THOSE DIRECTLY RELATED TO, AND COMPATIBLE WITH, THE CLASSIFIED USE OF THE LAND. OPEN SPACE LAND =2.9-ACRES; HOMESITE AREA = 1-ACRE PER OWNER'S REQUEST OR DETERMINATION BY MASON COUNTY IF CONDITIONS ARE NOT SUSTAINED. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 10.2 From: Kell Rowen Ext: 286 Department: Community Development Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): May 19, June 2, 16, & 30, 2025 Agenda Date(s): July 8, August 5, August 19, 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 clarify the regulatory framework with an increased emphasis on public safety, interagency review and constitutional protection 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. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): None Public Outreach: Website, Shelton-Mason County Journal, direct outreach to known venue operators. Requested Action: Discuss the amendments and any additional changes, with a focus on the total number of days/year a property can hold such events (section is highlighted in the draft code) and; how long shall a permit be valid (staff recommends two years)? Take public testimony and consider the amendments. Deliberation and vote to take place on August 19, 2025. Attachment(s): Revised Draft TOPE amendments to Title 5, Chapter 5.18 (redlined and clean version with the most recent amendments); Comparison table (2009 vs 2025); Ordinance 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 4 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 and is open to the public. Such events can include, but are not limited to, presentations of outdoor, live or recorded musical entertainment or other events. Events which are not advertised as open to the public or events which are authorized by public schools or government entities held on public lands1 shall not be classified as Temporary Outdoor Public Events and shall not be subject to the standards set forth in this code section. 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 shall not be subject to the standards set forth in this code section. (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. A valid county permit shall be obtained by any person, persons, corporation, organization, landowner, or lessor prior to allowing, encouraging, organizing, conducting, permitting, or advertising a temporary outdoor public event ("Event"). Each event type, as defined in Section 5.18.010, requires an individual permit. Responsibility for compliance with this provision and securing the necessary permits rests with all persons, corporations, organizations, landowners, or lessors associated with the event. (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: Public events shall be operated in a location that is greater 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 who seek written permission or waivers from property owners within three hundred feet of an event can submit documentation to obtain a variance from this requirement. Events over 2,000 attendees must meet the proximity standards of RCW 70.108.100. (c) 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) Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 2 of 4 5.18.040 Permit fee. The fee for the temporary outdoor public event permit to meet the cost of administering the same shall be three hundred fifty dollars or as indicated in the fee schedule for each reviewing department. (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) Application for a temporary outdoor public event permit shall be made to the Permit Assistance Center, 615 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. (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) 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 Conditions. (a) Public Health Department: If food will 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 Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 3 of 4 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. (b) Public Safety Plan: 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: 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 the event. 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. 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) Inspection: The applicant shall consent to allow the county and its representatives to come upon the premises for purpose of inspection and enforcement of the terms and conditions of the permit. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.080 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 Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 4 of 4 regulations prescribed in this Chapter and set forth in the State law, the permittee shall be subject to revocation of the permit. (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.090 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) 5.18.110 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) 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 and is open to the public. 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 events 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 lands1 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: 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 shall not be subject to the standards set forth in this code section. (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. Formatted: Left Formatted: Indent: Left: 0" Formatted: Indent: Left: 0.33", First line: 0" Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 2 of 7 5.18.020 Basic clause. A valid county permit shall be obtained by any person, persons, corporation, organization, landowner, or lessor prior to allowing, encouraging, organizing, conducting, permitting, or advertising a temporary outdoor public event ("Event"). Each event type, as defined in Section 5.18.010, requires an individual permit. Responsibility for compliance with this provision and securing the necessary permits rests with all persons, corporations, organizations, landowners, or lessors associated with the event. 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 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: Public events shall be operated in a location that is greater 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 who seek written permission or waivers from property owners within three hundred feet of an event can submit documentation to obtain a variance 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 tThe 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) Formatted: Highlight Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 3 of 7 5.18.060 Permit application; procedure. (a) Written aApplication 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 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. (cd) 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. Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 4 of 7 (Ord. No. 61-09, Att. A, 7-7-2009) 5.18.0790 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 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: 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 Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 5 of 7 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. 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 parking 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 tThe 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 and its representatives to 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 of 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 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 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 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) 5.18.11080 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) 5.18.12090 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) Created: 2024-07-02 08:32:59 [EST] (Supp. No. 67, 5-24, Update 2) Page 7 of 7 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) 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) 5.18.1150 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 Definition / Applicability Applied to events with 3,000–5,000+ attendees depending on UGA status. Now applies to any public event lasting 4+ hours; constitutional exemptions included. Permit Requirement & Responsibility Permit required for each event; broad responsibility language. Clearer language on permit obligation for all associated parties. Event Location & Proximity Limits 250 ft setback from sensitive uses; waiver possible. Increased to 300 ft with reference to RCW 70.108.100 for 2,000+ attendees. Duration Limitations Max 14 cumulative days per property per 12 months. Unchanged from 2009. Permit Fee $250 flat fee. $350 or per department fee schedule. Minimum Age of Applicant 18+ or 21+ if alcohol served. Unchanged from 2009. Application Procedure 60-day submittal, 45-day approval window, appealable denial. Updated address; otherwise unchanged. Sanitation Requirements General health approval; no numerical sanitation standards. Toilet count tables added; pit privies prohibited; MCC 6.76 compliance. Potable Water Standards Not specifically addressed. Must comply with WAC 246-290/291 or bottled water standards per WAC 16-165. Food Vendor Requirements General reference to health permits. Each vendor must obtain Food Establishment Permit per MCC 6.08. Public Safety Plan Requirements Referencing 2006 IFC, general fire protection required. More robust requirements per 2021 IFC; safety plan now mandatory. Traffic & Parking Plan Required, but minimally detailed. Detailed plan with required Road Use Permits and agency coordination. Crowd Management Not required or defined. Required: 1 per 250 people, 2 minimum, duties and training outlined. Inspection Consent General allowance for inspection. Explicit consent required in writing for County inspection and enforcement. Permit Revocation Revocation allowed if out of compliance. Clarified revocation as condition of issuance. Appeals Appeal via MCC Ch. 15.11; standard language. Same process, but language clarified. Severability Clause Standard severability clause. Unchanged from 2009.