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HomeMy WebLinkAbout2025/08/19 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 August 19, 2025 9:00 a.m. August 19, 2025 | Page 1 of 2 Aug. 19.2 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 4.2 Transportation Improvement Program Citizens Advisory Panel Vacancies News Release 4.3 Solid Waste Advisory Committee Vacancies News Release 4.4 Green Star Award for Wendy Mathews 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 – August 4, 2025 Briefing Minutes and August 5, 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 # 8114332-8114593 $2,592,252.54 Direct Deposit Fund Warrant #118527-118948 $ 999,849.32 Salary Clearing Fund Warrant # 7009063-7009105 $1,270,514.40 Treasurer Electronic Remittance $2,533,743.80 8.2 Approval of the Washington State Department of Corrections (DOC) amendment no. 4 for prisoner housing to increase the per diem rate per incarcerated individual from $103.31 per day to $108.48 for July 1, 2025, through June 30, 2026; and increase from $108.48 per day to $113.90 for July 1, 2026, through June 30, 2027. 8.3 Approval of the Fiscal Year (FY) 2026 Information Security Fund application through the Office of the Secretary of State. 8.4 Approval of the Resolution authorizing the purchase of a 2022 Mobile Clinic minivan for the Public Health department for an amount not to exceed $209,000. 8.5 Approval of the Resolution for County Road Project (CRP) 2070 Lynch Road, CRP 2071 Lynch Road, 20752 Lynch Road, and CRP 2073 Phillips Road collectively known as the Little Skookum Inlet Tributaries Fish Passage culvert projects associated with RCO project no. 23-1946 and approval for the County Engineer and/or the Chair to set bid opening dates and times, enter into contract with lowest responsible bidder if any of the County-led projects are not completed using County forces and sign all pertinent documents related to the projects. 8.6 Approval for the County Engineer to sign the Shelton Springs Road Walkway Easement agreement with the Port of Shelton. 8.7 Approval of the amendment to the United States Department of Agriculture Invasive Plant Inventory Prevention and Control contract in the amount of $18,996. 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 deliberate and vote on the amendments to Mason County Code Title 5, Chapter 5.18 Temporary Outdoor Public Events (TOPE). 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 19th, 2025 No. 4.1 ITEM: Correspondence 4.1.1 Received Notice of Permanent Road Closure from Department of Public Works – Engineering. 4.1.2 Received Notice of Liquor License Application for TEAM S&S COMPANY LLC. 4.1.3 Received Notice from Comcast regarding Warner Bros. Discovery Ceasing Operations. 4.1.4 Received Timberland Regional Library Board of Trustees Application from Ashley Taylor. 4.1.5 Received Letter from Federal Energy Regulatory Commission regarding 2024 revised EAP and Annual EAP Status Report, Cushman Project. 4.1.6 Received Special Occasion License Application for HOOD CANAL SALMON ENHANCEMENT GROUP Attachments: Originals on file with the Clerk of the Board. Received 8/6/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov DATE: 8/7/2025 NOTICE OF LIQUOR LICENSE APPLICATION RETURN THIS NOTICE TO: LAresponse@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RE: Assumption of a License UBI: 6059310410010001 License: 441719 - 2K Trade Name: HARU SUSHI TERIYAKI & WOK Loc Addr: 23969 NE STATE ROUTE 3 STE A BELFAIR WA 98528-9699 Mail Addr: 9602 SOUTH TACOMA WAY STE B LAKEWOOD WA 98499-4454 Phone No.: 314-550-6852 Privileges Applied For: B/W Restaurant - Beer/Wine APPLICANTS: TEAM S&S COMPANY LLC SIMON SEO, (Spouse), SOOBIE RYU, (Spouse), As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to provide input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact our CHRI desk at (360) 664- 1724. YES NO 1.Do you approve of the applicant? . . . . . . . . . . . . . . . . . 2.Do you approve of the location? . . . . . . . . . . . . . . . . . . Received 08/6/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travid Adams, Mckenzie SmithLIQOUR Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board detailing the reason(s) for the objection and providing facts upon which your objection(s) is based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COMISSIONER, TRIBAL CHAIRPERSON OR DESIGNEE Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Harris, Jamison To:Harris, Jamison Subject:Warner Bros. Discovery Ceasing Operations Date:Thursday, August 7, 2025 3:49:52 PM Attachments:image003.png image004.png Warner Bros. Discovery Ceasing Operations August 7, 2025 RE: Programming Advisory Dear Franchise Administrator: As part of our ongoing commitment to keep you and our customers informed about changes to Xfinity TV services, we wanted to notify you regarding an upcoming change. Four (4) Warner Bros. Discovery-owned channels currently carried on the Xfinity line-up are ceasing operations on August 15, 2025, and will no longer be available to viewers: HBO Family MovieMax OuterMax ThrillerMax As a result, these channels will no longer be available as part of our lineup as of the dates listed above. As a function of this change, we will implement a channel slate (advising of unavailability) on the impacted channels and will include mention of the changes on www.xfinity.com/programmingchanges to help keep our customers informed. Sincerely, Recieved 8/8/25Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith Manager, Government & Regulatory Affairs Comcast—Pacific Northwest Region 410 Valley Ave NW Bld C Puyallup WA 98371 Mobile - 206-571-7198 Received 8/8/25Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith,Cheryl Heywood, Brenda Lane. Received 08/08/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smit.FERC Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. Box 43098 Olympia, WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov NOTICE OF SPECIAL OCCASION LICENSE APPLICATION RETURN THIS NOTICE TO: LARESPONSE@LCB.WA.GOV August 08, 2025 To: MASON COUNTY COMMISSIONERS Organization Name: HOOD CANAL SALMON ENHANCEMENT GROUP Organization Address: PO BOX 2169, BELFAIR, WA, USA, 98528 Contact Name: JOANNE TEJEDA Contact DOB: 8/21/1965 Contact Phone: 360-710-7826 Special Occasion #: 038041 Event Date(s)/Time: 10/25/2025 10/25/2025; 6-10 PM Event Location(s): NICK CAIN'S PLACE - 10430 E. STATE RTE 3, GRAPEVIEW, WA 98546 A SPECIAL OCCASION LICENSE ALLOWS THE ORGANIZATION TO: __Sell beer for consumption at the above specified date, time, and location. __Sell wine for consumption at the above specified date, time, and location. __Sell spirits by the individual serving for consumption at the above specified date, time, and location. __Sell beer, wine and spirits in unopened bottles or packages in limited quantities for off premise consumption at the above specified date, time, and location. You have 20 days from the date of this notice to provide input regarding this application. If we do not receive a response within 20 days, we will assume you have no objections to the issuance of the license. If you need additional time to respond, you must submit a written request with your reason(s) for an extension of up to 20 days. 1. Do you approve of the applicant? YES____ NO____ 2. Do you approve of the event location? YES____ NO____ If you have indicated disapproval of the applicant, location, or both, please submit a statement of all facts on which your objection(s) are based. ________________ _______________________________________________________________ Date Signature of Mayor, City Manager, County Commissioner or Designee Recieved 8/8/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, Mckenzie Smith,Liquor NEWS RELEASE August 19, 2025 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Seeking Volunteers for Transportation Improvement Program Citizens Advisory Panel Do you have an interest in Mason County’s roads and bridges and how projects are prioritized? Do you enjoy networking with others to share and hear views on projects? Then consider applying for membership on the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). Members make recommendations on the Six-Year Transportation Improvement Plan, Annual Construction Plan, and other transportation plans. They are also charged with gathering community input. Members are appointed for two years and meetings are typically once per month for two hours, with occasional additional community outreach meetings. Current vacancies: • Commissioner District 1 – Rural • Commissioner District 2 – Rural • Commissioner District 2 – Hoodsport or Union RACs • Commissioner District 3 – Rural • Commissioner District 3 – Rural For more details, contact the Public Works Department (360) 427-9670, ext. 450. Advisory Board applications can be found on the county’s web site https/masoncountywa.gov. Look for “Advisory Boards” under the Government tab. Applications are accepted until positions are filled. BOARD OF MASON COUNTY COMMISSIONERS ____________________ __________________ _________________ Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner NEWS RELEASE AUGUST 19, 2025 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Seeking Volunteers for Solid Waste Advisory Committee Mason County is currently seeking volunteers to serve on the Solid Waste Advisory Committee (SWAC), which advises on solid and special waste management policies, including disposal options, recycling, hazardous waste, composting, and waste reduction. The SWAC is composed of at least nine members, appointed by the Mason County Board of Commissioners. Members serve three-year terms and participate in monthly meetings. Current vacancies: • Commissioner District 1 Representative • Commissioner District 2 Representative • Public Group Representative For more details, contact the Public Works Department/Utilities and Waste Management (360) 427-9670, ext. 199. Advisory Board applications can be found on the county’s web site https/masoncountywa.gov. Look for “Advisory Boards” under the Government tab. Applications will be accepted until all positions are filled. BOARD OF MASON COUNTY COMMISSIONERS __________________ _________________ ________________ Sharon Trask Pat Tarzwell Randy Neatherlin Chair Vice Chair Commissioner C E R T I F I C A T E T h i s g r e e n s t a r a w a r d i s p r o u d l y p r e s e n t e d t o : S h a r o n T r a s k R a n d y N e a t h e r l i n C h a i r C o m m i s s i o n e r Wendy Mathews O F R E C O G N I T I O N A u g u s t 1 9 , 2 0 2 5 P a t T a r z w e l l V i c e -C h a i r Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 August 4, 2025 | Page 1 of 2 Week of August 4, 2025 Monday, August 4, 2025 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin and Tarzwell met in closed session for labor negotiation from 9:00 a.m. to 10:00 a.m. Kim Monroe, Chris Pinkston, Kayla Brinckmeyer, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Sheriff’s Office – Chief Hanson Commissioners Neatherlin and Tarzwell were in attendance. • Chief Hanson shared the Washington State Department of Corrections (DOC) amendment no. 4 for prisoner housing to increase the per diem rate per incarcerated individual from $103.31 per day to $108.48 for July 1, 2025 through June 30, 2026; and increase from $108.48 per day to $113.90 for July 1, 2026 through June 30, 2027. Cmmr. Neatherlin requested additional information regarding the cost to house inmates. Approved to move forward. 10:05 A.M. Auditor’s Office – Steve Duenkel Commissioners Neatherlin and Tarzwell were in attendance. • Auditor Duenkel discussed the Fiscal Year 2026 Information Security Fund application through the Office of Secretary of State for updated sensors, rechargeable batteries, mounting brackets, and tracker reporting services through EasyVote. Cmmr. Tarzwell requested additional information regarding smart ballot drop boxes, which can scan ballot envelopes when they are submitted. Approved to move forward. 10:10 A.M. Central Services – McKenzie Smith Commissioners Neatherlin and Tarzwell were in attendance. • McKenzie provided an update on the concurrence from Thurston County regarding Dean Jewett’s appointment to the Timberland Regional Library (TRL) Board of Trustees and requested concurrence with Thurston County’s appointment of Susan Hettinger to fill the At -Large representative position for the remainder of the current term which expires December 31, 2026 . Cmmr. Tarzwell will reach out to Thurston County for additional information. Tabled. • McKenzie shared the Washington State Association of Counties (WSAC) request to elect a new County representative for the Department of Natural Resources (DNR) Board of Natural Resources (BNR). One application was submitted by Clallam County Commissioner Randy Johnson. Approved to move forward. • Kim Monroe requested to amend Resolution 2025-031 to create a new job class of Administrative Services Manager for Public Defense on the Non-Represented Salary Scale at Range 34. Approved to move forward. 10:15 A.M. Public Health – David Windom Commissioners Neatherlin and Tarzwell were in attendance. • David requested the special market conditions purchase of a mobile outreach medical unit minivan for $209,000. Approved to move forward. • David announced that a Green Star Award should be awarded to employee Wendy Mathews, for a recent project assisting a community member with cleaning up 80 tons of solid waste. Approved to move forward. 10:30 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin and Tarzwell were in attendance. • Mike Collins discussed County Road Projects 2070 through 2073 for County fish passage projects located on Lynch Road and Phillips Road. These projects are part of the Little Skookum Inlet Tributaries Fish Passage Project and are included under Line 8 of the proposed 2026 Annual Construction Program. Approved to move forward. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 August 4, 2025 | Page 2 of 2 • Mike shared the Shelton Springs Road Walkway Easement Agreement with the Port of Shelton to support the construction and ongoing maintenance of a multimodal trail along E. Shelton Springs Road. Approved to move forward. • Loretta shared the Transportation Improvement Program Citizens Advisory Panel (TIP -CAP) membership openings news release. Approved to move forward. • Loretta shared the Solid Waste Advisory Committee (SWAC) membership openings news release. Approved to move forward. • Loretta discussed the letter to the Washington State Department of Transportation (WSDOT) requesting new access to State Route 3 (SR-3) within the Belfair Urban Growth Area (UGA). Cmmr. Neatherlin requested that a proposed design be brought back for discussion. • Mike shared the 2025 Annual Bridge Report. Highlights included a County bridge map, bridge inventory, inspections, findings, deficient bridged, posted bridges, and scour evaluation. 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 Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 August 5, 2025 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Kim Monroe led the flag salute. 3. Roll Call – Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Absent: Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Federal Energy Regulatory Commission (FERC) sent letters regarding the 2025 Safety Inspection Follow-Up, Cushman Project, Cushman No.1 Spillway Debris Removal Ramp, Cushman Project, and 2024 Dam Safety Surveillance and Monitoring Report (DSSMR), Cushman Project. 4.1.2 North Mason Chamber of Commerce sent a letter regarding their potential support of the Belfair sewer extension. 4.1.3 Patricia Bradley submitted an Advisory Board application for the Timberland Regional Library (TRL) Board of Trustees. 4.1.4 Washington State County Road Administration Board (CRAB) sent letter regarding the withdrawal of the Shelton Valley Road culvert replacement project. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the agenda as published. Motion carried. Neatherlin-aye; Tarzwell-aye; Trask-absent. 7. Approval of Minutes Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the July 21 and July 28, 2025 Briefing Minutes and July 22, 2025 Regular Meeting Minutes as presented. Motion carried. Neatherlin-aye; Tarzwell-aye; Trask- absent. 8. Approval of Action Agenda 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. August 5, 2025 | Page 2 of 4 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. (Exhibit A, Resolution No. 2025-049) 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. (Exhibit B, Resolution No. 2025-050) 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. (Exhibit C, Resolution 2025-051) 8.18 Approval to vote for Clallam County Commissioner Randy Johnson as the County representative position on the Department of Natural Resources (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. (Exhibit D, Resolution No. 2025-052) August 5, 2025 | Page 3 of 4 Cmmr. Neatherlin/Tarzwell moved and seconded to approve action items 8.1 through 8.19. Motion carried. Neatherlin-aye; Tarzwell-aye; Trask- absent. 9. Other Business (Department Heads and Elected Officials) Steve Duenkel reminded everyone that today is Election Day. Ballots must be returned by 8 p.m. or postmarked by today. Election results will be posted online after 8 p.m. 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 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 Kell Rowen provided an overview of the five Open Space applications under consideration by Commission for consideration. The Assessor’s Office and Community Development recommend approval of all five applications. Letters of support of the Sund Rock property were received from Katherine Yackel, Scott Flaherty, Weiwei Gao, Lance Milbrand, Jackie Selbitschka, Dale Kleier, Thomas Robbins, and Sabina Ibarra-Bolaños. No public comment. Cmmr. Neatherlin/Tarzwell moved and seconded to approve the five (5) 2024 Open Space applications as recommended by the Assessor’s Office and Community Development. Motion carried. Neatherlin-aye; Tarzwell-aye; Trask- absent. 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 Kell Rowen provided an overview of the proposed amendments to Mason County Code Chapter 5.18 Temporary Outdoor Public Events. The proposed policy allows events of all sizes to be hosted in zoning areas where they would otherwise not be permitted, provided they follow specific rules and are held only a limited number of days per year. Kell explained that the current proposal allows for up to fourteen (14) events per year, but that number can be changed if desired. The Fire Marshall and Environmental Health staff were available to answer any questions. Questions were raised regarding well/septic requirements, and the proposed framework, especially the number of allowable event days and the frequency of permitting. Concerns were discussed about the cost and burden of the permit process, as well as the minimum number of attendees that would trigger a permit. Public Comment: Chad Sweitzer, Peace Valley, spoke in opposition to the proposed event permitting policy. He urged the Commission to reconsider the proposal, emphasizing that events like his provide opportunities for people to meet in peace without needing permits. Chad shared a personal story about the recent loss of his son and how the community came together at his venue for a August 5, 2025 | Page 4 of 4 celebration of life, attended by hundreds. He expressed concern that requiring a permit for such gatherings would be unnecessarily restrictive and emphasized that his events support tourism and provide significant community benefit, and imposing bureaucratic requirement would be harmful to that mission. Sadie Holter, representing Tentacle Forest, shared her experience hosting a music festival with approximately 350 attendees, which was a wholesome, nature-based celebration focused on community and connection in the woods. She noted there were no issues surrounding that event. Sadie expressed concerns about broad regulations, stating that blanket limitations are not appropriate for all situations, however, she would support a limit of 1,000 attendees. The permitting process would require long-term planning and asked the Commission to reconsider the proposal to avoid discouraging meaningful, community-driven events. Discussion: Cmmr. Neatherlin emphasized the importance of balancing property rights with potential impacts on neighbors, while also ensuring that long-standing events such as the Old Timers Festival and Allyn Days are protected and allowed to continue. Cmmr. Neatherlin stated that he does not support eliminating the ability to host events, he recognizes the need for reasonable guidelines and encouraged stakeholders to meet with staff to explore possible solutions. Cmmr. Tarzwell expressed sympathy for community concerns but emphasized the Board’s responsibility to uphold public health and safety in his decision making. Cmmr. Neatherlin/Tarzwell moved and seconded to approve continuing the Public Hearing to Tuesday, August 19, 2025 at 9:15 a.m. to hear public testimony, deliberate and vote on the TOPE amendments. Motion carried. Neatherlin-aye; Tarzwell-aye; Trask- absent. 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 9:56 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): August 19th, 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 # 8114332-8114593 $ 2,592,252.54 Direct Deposit Fund Warrant # 118527-118948 $ 999,849.32 Salary Clearing Fund Warrant # 7009063-7009105 $ 1,270,514.40 Treasurer Electronic Remittance $ 2,533,743.80 Macecom 07.02.25 $ 270,715.09 MENTAL HEALTH 07.10.25 $ 1,986.28 Dispute Resolution Surcharge 07.10.25 $ 1,195.00 CLEAN WATER DISTRICT 07.01.25 $ 90,807.80 COMMUNITY HEALTH SERVICES 07.01.25 $ 90,807.80 REET 2 07.01.25 $ 62,000.00 RUSTLEWOOD UTILITY FUND 07.01.25 $ 62,000.00 Reet 2 07.01.25 $ 800,000.00 Budget Trnsfr to BELFAIR SEWER 07.01.25 $ 800,000.00 Mental Health- Budget Transfer 07.14.25 $ 2,690.66 Clerk 07.14.25 $ 2,690.66 Mental Health- Budget Transfer 07.25.25 $ 97,612.35 Therapeutic Court 07.25.25 $ 97,612.35 Mental Health – Budget Transfer 07.25.25 $ 14,379.47 Juvenile Probation 07.25.25 $ 14,379.47 Mason Co Landfill (Brink’s) 07.31.25 $ 1,556.90 CURRENT EXPENSE 07.31.25 $ 130.37 ROAD DIV-CURRENT EXPENSE 07.31.25 $ 13.38 Veterans Assistance 07.31.25 $ 1.77 COUNTY ROAD 07.31.25 $ 133.22 MENTAL HEALTH 07.31.25 $ 2.79 Mental Health Transfer Out 07.25.25 $ 47,205.54 MCSO- JAIL SERVICES 07.25.25 $ 47,205.54 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 $ 30,834,928.76 Direct Deposit YTD total $ 14,734,155.88 Salary Clearing YTD total $ 15,073,825.93 Treasurer Remittance YTD total $ 12,705,929.68 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: Chief Kevin Hanson Ext: 369 Department: Jail Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 4, 2025 Agenda Date(s): August 19, 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 Corrections Prisoner Housing Contract Renewal Background/Executive Summary: The current Department of Corrections (DOC) contract expired June 30, 2025. This proposed renewal is the standardized state contract for prisoner housing and will expire June 30, 2027. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Increase from $103.31 per day to $108.48 for July 1, 2025 through June 30, 2026; and increase from $108.48 per day to $113.90 for July 1, 2026 through June 30, 2027. Public Outreach: N/A Requested Action: Approval of the Washington State Department of Corrections (DOC) amendment no. 4 for prisoner housing to increase the per diem rate per incarcerated individual from $103.31 per day to $108.48 for July 1, 2025 through June 30, 2026; and increase from $108.48 per day to $113.90 for July 1, 2026 through June 30, 2027. Attachment(s): Contract Washington State K11824(4) Page 1 of 2 Department of Corrections 25RAD Washington State Contract No. K11824 Department of Corrections Amendment No. 4 This Amendment is made by the Washington State Department of Corrections, hereinafter referred to as “DOC” or “Department,” and Mason County, hereinafter referred to as “Contractor” or “County,” for the purpose of amending the above-referenced Contract, heretofore entered into between Department and County. WHEREAS the purpose of this Amendment is to extend the term of the Contract and increase the per diem rate of compensation. NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, Department and County agree as follows: 1. ARTICLE II, SECTION 2.1 TERM is hereby amended as follows: Section 2.1 Term. This Contract supersedes all previous oral and written contracts and agreements between the parties relating to the confinement, care, and treatment of Department Incarcerated Individuals. This Contract commences on August 1, 2018, and continues through June 30, ((2025)) 2027, unless terminated by either party pursuant to this Contract. 2. ARTICLE II, SECTION 2.4 PER DIEM BILLING is hereby replaced with the following: Section 2.4 Per Diem Billing. The per diem rate per Incarcerated Individual is identified in the table below. The County agrees to only bill the Department monthly for the actual bed days used by Department Incarcerated Individuals in the preceding month. The County also agrees that it will not bill the Department for any bed day that is the financial responsibility of any other jurisdiction, and that it will submit monthly itemized bills to the Department in an electronic spreadsheet format that includes the Incarcerated Individual’s name, DOC number, date of birth, and dates the Incarcerated Individual was held by the County under the Department’s authority. If applicable, the County agrees to identify in the monthly bill any beds that are being counted toward the day-for-day exchange for any County boarder being held by the Department in a Department institution. Period Per Diem Rate Per Incarcerated Individual August 1, 2018 – July 31, 2021 $85.00 August 1, 2021 – June 30, 2022 $89.25 July 1, 2022 – June 30, 2023 $93.71 July 1, 2023 – June 30, 2024 $98.39 July 1, 2024 – June 30, 2025 $103.31 July 1, 2025 – June 30, 2026 $108.48 July 1, 2026 – June 30, 2027 $113.90 Washington State K11824(4) Page 2 of 2 Department of Corrections 25RAD Additions to this text are shown by underline and deletions by ((strikeout)). All other terms and conditions remain in full force and effect. The effective date of this amendment is July 01, 2025. THIS CONTRACT AMENDMENT, consisting of two (2) pages, is executed by the persons signing below who warrant that they have the authority to execute the contract. MASON COUNTY DEPARTMENT OF CORRECTIONS (Signature) (Signature) Daryl A Huntsinger (Printed Name) (Printed Name) Jail Chief Contracts Administrator (Title) (Title) (Date) (Date) ATTEST (Clerk): ________________________________ Clerk of the Board Date Approved as to form only: ________________________________ Date Prosecuting Attorney Approved as to Form: This Amendment format was approved by the office of the Attorney General. Approval on file. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.3 From: Steve Duenkel Ext: 468 Department: Auditor Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 4, 2025 Agenda Date(s): August 19, 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: FY 2026 Information Security Fund Application Background/Executive Summary: The Office of Secretary of State is making available another round of $80,000 to each county to support election security improvements at the local level. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): TBD depending upon the amount of funds sought for re-imbursement up to $80,000. We have been approved by the Office of Secretary of State for an initial amount of $6,263.71 for a lease of QTY 11 updated sensors (trackers), rechargeable batteries, and mounting brackets with 3 years of tracker reporting service from EasyVote for our vote by mail ballot drop boxes. Leasing, rather than purchasing allows us to avoid technology obsolescence (which we currently face with existing sensors). Public Outreach: N/A Requested Action: Requesting Board of County Commissioner concurrence with the Auditor to apply for these funds for FY 2026, and initial purchase. Attachment(s): EasyVote contract NOTE: Acceptance of OSOS IS Grant Funds will require continued installation of an active Albert Sensor on the County network for monitoring by the Election Infrastructure Information Sharing & Analysis Center (EI-ISAC), a non-profit, 3rd party entity. Mason County Agenda Request Form To : Board of Mason County Commissioners Item No. 8.4 From: David Windom 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 4 Aug 2025 Agenda Date(s): 19 August 2025 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Purchase mobile outreach medical unit. Background/Executive Summary: The current vehicle used for mobile outreach and Syndemic grant use is a 1997 motorhome which has outlived its useful life and will cost more to repair than was paid to purchase the vehicle. Since our initial briefings last fall, we have researched the options for putting a mobile health unit on the road for Mason County Public Health. New units are very expensive and have long production times from 90 days to a year or more. This unit is used and would not require a bid process and meets all the expectations we have for a unit that can be used for syringe exchange, wound care, Syndemic outreach, vaccinations, and public health program outreach around diabetes and obesity clinics. It’s also around $70,000 dollars less expensive than new. Budget Impact (amount, funding source, budget amendment, etc.): $209,000 is the purchase price. We have these funds on-hand from work that was done for CHOICE. There will need to be some upfitting with a new wrap and IT equipment which will be funded through our Lifecourse funds. Public Outreach: Briefing Requested Action: Approve enclosed resolution Attachment(s): Resolution, vehicle details and photos. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.5 From: Mike Collins, PLS, PE, County Engineer Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 4, 2025 Agenda Date(s): August 19, 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: Authorize CRP 2070 through 2073 for County Fish Passage Projects – Little Skookum Inlet Tributaries (RCO Project #23-1946, Grant-Funded) Background/Executive Summary: Mason County Public Works is requesting Board approval to establish County Road Project (CRP) numbers for four upcoming fish passage projects located on Lynch Road and Phillips Road. These projects are part of the Little Skookum Inlet Tributaries Fish Passage Project (RCO Project #23-1946) and are included under Line 8 of the proposed 2026 Annual Construction Program. A fifth project, located on SE Skookum Inlet Road, is on private property and will be carried out by the South Puget Sound Salmon Enhancement Group (SPSSEG). While the County will not be managing that work, its inclusion in the grant was required for the County’s four county road projects to be eligible for funding. Completion of the private road project is a condition of the grant award. These projects are being funded through the Brian Abbott Fish Barrier Removal Board (FBRB), with grant funds administered by the Washington Department of Fish and Wildlife and the Recreation and Conservation Office (RCO). On June 4, 2024, the Board approved submittal of the grant application and authorized the County Engineer to enter into the grant agreement and any necessary consultant agreements for the project. The County has been selected for planning and design funding and is waiting for final allocation. Public Works anticipates using County forces, if possible, to complete all four county road projects. Setting CRP numbers now allows the County to move forward with planning and design, track spending appropriately, and meet grant reporting and contract requirements. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): • Total Grant Award: $2,963,000 (including the private road project). • Funding Source: 100% grant-funded through the Recreation and Conservation Office (RCO) under the Brian Abbott Fish Barrier Removal Board (FBRB) Program. • County Share: The County is responsible for 15% of the grant funding. This match will be paid from the Road Fund. Public Outreach: Public engagement will be conducted as needed before the project is started. Requested Action: Request Board authorize the following: 1. Execute a resolution for CRP 2070 Lynch Road, CRP 2071 Lynch Road, CRP 2072 Lynch Road, and CRP 2073 Phillips Road — collectively known as the Little Skookum Inlet Tributaries Fish Passage culvert projects and associated with RCO Project #23- 1946. 2. Authorize the County Engineer and/or the Chair to set bid opening dates/times, enter into contract with lowest responsible bidder if any of the County-led projects are not completed using County forces and sign all pertinent documents related to the projects. Attachment(s): 1. Resolution 2. Map BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON. In the matter of initiating county road projects and assigning CRP numbers. IT IS HEREBY RESOLVED THAT the roads listed below be improved as shown between the points indicated. These projects are hereby declared to be public necessity and the county road engineer is hereby ordered and authorized to report and proceed as by law provided. (RCW 36.75.050, 36.80.030, 36.80.070 and/or WAC 136-18-030). IT IS FURTHER RESOLVED that appropriations from the officially adopted road fund budget and based on the county engineers estimates are hereby made in the amount and for the purposes shown: CRP No. Annual Const. Prog. Item No. Road Name or Bridge No.Road Log No.Project Name M.P. to M.P. Type of Work (See Code) Local Grant/Other Engr R/W Project Total 2070 8 Lynch Road 15500 Little Skookum Inlet Tributaries Fish Passage 1.64 L 46.40 263.00 −−309 2071 8 Lynch Road 15500 Little Skookum Inlet Tributaries Fish Passage 2.77 L 56.85 322.15 −−379 2072 8 Lynch Road 15500 Little Skookum Inlet Tributaries Fish Passage 3.92 L 308.90 1750.49 −− −2,059 2073 8 Phillips Road 16630 Little Skookum Inlet Tributaries Fish Passage 0.55 L 56.85 322.15 −−379 469 2,658 - - 3,127 (1)(2) (3) (4) (5) (6) (7) (8) (9) (10) (12) (6) TYPE OF WORK CODE K. Environmental Mitigation (11) The construction is to be accomplished by contract B. Base & Top Course L. Fish Passage in accordance with RCW 36.77.020 et. seq. AND/OR The construction is to be accomplished by county D. A.C./P.C.C. Pavement I. Bridges forces in accordance with RCW 36.77.065 and WAC 136.18 E. Curbs and Gutters ADOPTED this day of , 2025 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask , Chair McKenzie Smith, Clerk of the Board APPROVE AS TO FORM:Pat Tarzwell, Vice Chair Tim Whitehead, Ch. D.P.A Randy Neatherlin, Commissioner cc: Commissioners Engineer JOURNAL: Publ. 1t: 8/28/25 (Bill Rd Dept.) Resolution No. 2025-______ − − G. Traffic Facilities C. B.S.T. / SEALS H. Paths, Trails, Bikeways J. Ferry Facilities A. Grading and Drainage F. Sidewalks Cost Estimate (Thousand $) Contract and/or County Forces − - (11) ^_ ^_^_ ^_^_ ^_ SECOLERD S ESELLS DRSE ALLEN RD S E K A M IL C H E P O I N T R D S E SUNRISE DR SE CURRIE WAY SE LY N C HLN S E L Y N C H R D SE PHILLIPSRD SE C O O K PLANT FARM R D SE K A M I L C H E SHORES R D S E NELSON R D SEHUDSONRD S E E L L I S R D MP 1.64 MP 2.77 MP 3.92 MP 0.55 MP 2.27 DeerCreek LynchCreek T 1 9 N R 3 W T 1 9 N R 3 W T 2 0 N R 3 W T 2 0 N R 3 W 1211109 1234 36 353433 Service Layer Credits: Source: Esri, Maxar, EarthstarGeographics, and the GIS User Community Vicinity Map Little Skookum Inlet Tributaries Fish Passage (RCO #23-1946 P) Mason County Public Works Department 7/11/2025 Legend ^_Barrier Culvert (County) ^_Barrier Culvert (Private/SPSSEG) ^_Barrier Culvert (County; RCO# 21-1528) Streams (DNR)Shorelines of the State Fish Non-fish Unknown Townships Sections F M a s o n C o u n t y M a s o n C o u n t y 0 0.4 0.80.2 Miles MAP EXTENT 1:24,000 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.6 From: Mike Collins, PE, PLS, County Engineer Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 4, 2025 Agenda Date(s): August 19, 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: Shelton Springs Road Walkway Easement Agreement with the Port of Shelton Background/Executive Summary: Mason County has negotiated an easement agreement with the Port of Shelton to support the construction and ongoing maintenance of a multimodal trail along E. Shelton Springs Road, located on Port-owned property. The purpose of this project is to enhance safety and accessibility for pedestrians and bicyclists by establishing a paved, separated walkway along this corridor. Under the terms of the agreement, the Port of Shelton will grant a perpetual right-of-way easement to Mason County for public pedestrian ingress and egress only. This easement will allow the County to construct, operate, and maintain the walkway along the designated property. The agreement serves the mutual interests of both parties, advancing shared goals related to public safety, transportation infrastructure, and community development. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): The easement is being conveyed for the sum of $10.00. Any costs associated with construction or ongoing maintenance of the walkway will be funded out of the County Road Fund. Public Outreach: N/A Requested Action: Requesting the Board authorize the County Engineer to sign the Shelton Springs Road Walkway Easement agreement with the Port of Shelton. Attachment(s): 1.Easement Agreement 2.Location Map Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Heidi Steinbach, Noxious Weed Program Coordinator Ext: 592 Department: WSU Extension Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 18th, 2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☒ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Modification of Participating Agreement Between Mason County and The United States Department of Agriculture Invasive Plant Inventory Prevention and Control in Mason County - Agreement 24-PA -11060900-042. Background/Executive Summary: This modification to Agreement 24-PA -11060900-042 will add $18,996.00 to the current agreement, bringing the total amount of the agreement to $53,996.00. Agreement 24-PA -11060900-042 was finalized on May 25, 2024, and expires September 30, 2026. This agreement allows Mason County Noxious Weed Control Board to control noxious weeds in Mason County and adjacent Federal Lands. This project is a continuation of a program for noxious weed control on Federal Lands within Mason County. The project includes activities to survey, identify, control and prevent the introduction and spread of noxious weeds, enhance and restore degraded land, coordinate actions and communication between local and Federal jurisdictions, and engage and educate the public. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Provide a maximum of $27,000 for the 2025-2026 budget years. This will assist with funding the extra-help noxious weed specialist position and could support increasing the position to 0.75 FTE for 2026. It will also facilitate invasive and noxious weed control on Forest Service lands. Public Outreach: NA Requested Action: Approval to place Modification of Participating Agreement Between Mason County and The United States Department of Agriculture Invasive Plant Inventory Prevention and Control in Mason County - Agreement 24-PA -11060900-042 on action agenda for signature. Attachment(s): Agreement 24-PA -11060900-042 Participating Agreement Between Mason County and The United States Department of Agriculture Invasive Plant Inventory Prevention and Control in Mason County Modification to Agreement 24-PA -11060900-042 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) FS Agreement No. 24-PA-11060900-042 Cooperator Agreement No. PARTICIPATING AGREEMENT Between MASON COUNTY And The UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE OLYMPIC NATIONAL FOREST This PARTICIPATING AGREEMENT is hereby entered into by and between Mason County, hereinafter referred to as “the County,” and the United States Department of Agriculture (USDA), Forest Service, Olympic National Forest, hereinafter referred to as the “U.S. Forest Service,” under the authority: Cooperative Funds and Deposits Act of December 12, 1975, Pub.L. 94-148, 16 U.S.C. 565a1 – a3, as amended, and Secure Rural Schools and Community Self-Determination Act of 2000, Public Law 106-393, 16 U.S.C. 500, as reauthorized and amended. Background: Invasive plants are becoming a threat to natural systems, including degrading terrestrial and aquatic habitats. The goal of this project is to protect and restore natural landscapes in Mason County by stopping the spread of noxious weed species, reducing existing populations, and preventing the introduction of additional exotic plants throughout Mason County. The primary method for accomplishing this will be through inventory and treatment of invasive plants. Additionally, the inspection of public and private rock sources throughout the County, efforts to restore and enhance the resiliency of disturbed native plant communities through planting and seeding of genetically local native species at selected sites on Federal lands, as well as public outreach and education will also be incorporated into this work. This project is a continuation of a program for noxious weed control in Mason County and adjacent Federal Lands. The project includes activities to survey, identify, control and prevent the introduction and spread of noxious weeds, enhance and restore disturbed or degraded land, coordinate actions and communication between local and Federal jurisdictions, and to engage and educate the public. Title: Invasive Plant Inventory Prevention and Control in Mason County I.PURPOSE: The purpose of this agreement is to document the cooperation between the parties is to coordinate and standardize weed control and restoration efforts across jurisdictional boundaries to minimize the negative impacts of noxious weeds and degraded habitat more effectively on Page 1 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) watershed functions, wildlife habitat, human and animal health, and recreational activities, in accordance with the following provisions and the hereby incorporated Financial Plan, attached as Attachments A, B and C. II.STATEMENT OF MUTUAL BENEFIT AND INTERESTS: The U.S. Forest Service and the County both have the responsibility for managing non-native invasive plants on the lands under their jurisdiction. Since invasive plants originate from both public and private lands and infestations often occur on adjacent jurisdictions, it is in the interest of both parties under this agreement to work together in a cost-effective manner to accomplish common goals by locating and treating infestations, preventing their introduction and spread, planting and seeding native plants on disturbed or degraded lands to prevent establishment of invasive weeds and restore degraded habitat, and engaging the public related to these activities. In consideration of the above premises, the parties agree as follows: III.County SHALL: A. LEGAL AUTHORITY. The County shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non-Federal share of project costs, when applicable. B. Perform the following activities for the entire period of this agreement, regardless as to whether any projects are cost-shared in a particular year. 1. Conduct or supervise the survey, treatment, and disposal (as appropriate) of noxious weeds on Federal lands, and on adjacent lands that may contribute to the introduction and spread of weeds to Federal lands. Treatment of weeds on Federal land will be done in a manner consistent with U.S. Forest Service policy and applicable environmental rules and documents. 2. Coordinate with the U.S. Forest Service Project Manager on development of a project list for the upcoming year by February 28th of each year. This will involve providing input to assist the U.S. Forest Service in identifying specific areas that are high priorities for treatment, survey, and monitoring for the upcoming year. 3. Meet prior to April 15th of each year with the U.S. Forest Service for the purpose of agreeing to specific projects that will be jointly performed and/or funded during that year. The County will also provide copies of County safety and herbicide spill plans at that time. The Project Work List will be mutually agreed upon and finalized by the project contacts before May 1st of each year. 4. Provide inventory and site location data in an electronic format, following U.S. Forest Service protocol, and complete the paper accomplishment forms provided by the U.S. Forest Service to document treatments, surveys and monitoring. Page 2 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) 5. Provide monthly communication via e-mail on invasive plant accomplishments to the U.S. Forest Service field representative during the inventory and treatment season (approximately April 15 – October 30). 6. Work cooperatively with local weed boards, private landowners, non-profits, and U.S. Forest Service personnel to control noxious weeds across jurisdictional boundaries. 7. As time and staffing allow, assist the U.S. Forest Service with other restoration activities related to weed management, such as seeding and planting. a.Restoration activities will be coordinated by U.S. Forest Service staff and will only utilize plant material appropriate to the sites, as determined by U.S. Forest Service staff. b.The U.S. Forest Service will provide tools and plant material (seed, plugs, plants) used for such activities. 8. For BIL-funded work, provide quarterly progress reports describing work completed no later than one month after the end of each quarter (see V. N and O. below). A year-end report that documents the work that has been carried out, overall program effectiveness and recommendations for treatment sites in the next year will be submitted no later than February 15th each year following the field season. 9. For non-BIL funded work, provide progress reports when invoices for reimbursement are submitted, and a year-end report that documents the work that has been carried out, overall program effectiveness and recommendations for treatment sites in the next year. Year-end report for BIL and non-BIL funded work can be combined into a single document, but accomplishments must be separated by funding source. IV.THE U.S. FOREST SERVICE SHALL: A. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the County for the U.S. Forest Service's share of actual expenses incurred, not to exceed $35,000.00, as shown in the Financial Plan. In order to approve a Request for Reimbursement, the U.S. Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement. The U.S. Forest Service shall make payment upon receipt of the County’s annual invoice. Each invoice from the County shall display the total project costs for the billing period, separated by U.S. Forest Service and the County ’s share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display the County’s full match towards the project, as shown in the financial plan, and be submitted no later than 90 days from the expiration date. Each invoice must include, at a minimum: Page 3 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) 1.The County’s name, address, and telephone number 2. U.S. Forest Service agreement number 3. Invoice date 4. Performance dates of the work completed (start & end) 5. Total invoice amount for the billing period, separated by the U.S. Forest Service and The County share with in-kind contributions displayed as a separate line item. 6. Display all costs, both cumulative and for the billing period, by separate cost element as shown on the financial plan. 7. Cumulative amount of U.S. Forest Service payments to date. 8.Statement that the invoice is a request for payment by “reimbursement” 9. If using SF-270, a signature is required. 10. Invoice Number, if applicable The invoice must be forwarded to: EMAIL: SM.FS.ASC_GA@USDA.GOV FAX: 877-687-4894 POSTAL: USDA Forest Service Budget & Finance - Grants and Agreements 4000 Masthead St, NE Albuquerque, NM 87109 Send a copy to: Cheryl Bartlett Olympic National Forest 1835 Black Lake Blvd SW Olympia, WA 98512 cheryl.bartlett@usda.gov B.Perform the following activities for the entire period of this agreement, regardless as to whether any projects are cost-shared in a particular year. 1. Initiate modifications, including a tracking number and financial plan, which will provide specifics for individual work projects and become an attachment to this Agreement. 2.Designate a project manager to coordinate U.S. Forest Service activities and facilitate communication between the parties. 3.Designate a qualified U.S. Forest Service field project representative to provide technical guidance and conduct field inspections. 4. Provide all native plant material, including plugs, containerized plants, and seed to be planted or sown on land managed by the Olympic National Forest (NF). Guidance for using this material, and tools needed to accomplish planting will be provided by staff from the Olympic NF. Page 4 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) 5. Provide National Environmental Policy Act requirements for the project, as needed, on National Forest sites. 6. Provide visitor information sites suitable for posting or distributing noxious weed education and awareness information. 7. Maintain a noxious weed GIS data layer of inventory, treatment, and monitoring activities. 8. Provide updated inventory and site location database forms that follow U.S. Forest Service protocol. 9. Provide to the County, a U.S. Forest Service radio for communications and safety. V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Cheryl Bartlett, Olympic National Forest 1835 Black Lake Blvd., SW Olympia, WA 98512 Telephone: 360-956-2283 FAX: 360-956-2330 cheryl.bartlett@usda.gov Cassandra McCarthy Grants Management Specialist Cassandra.mccarthy@usda.gov B.NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or the County are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. Cooperator Project Contact Cooperator Financial Contact Heidi Steinbach, Mason County Noxious Weed Control Board 303 N 4th Street Shelton, WA 98584 Telephone: 360-427-9670X592 FAX: 360-427-7764 HSteinbach@masoncountywa.gov Lisa DeWall, Mason County Extension, Office Manager 303 N 4th Street Shelton, WA 98584 Telephone: 360-427-9670X680 FAX: 360-427-7764 lisad@masoncountywa.gov Page 5 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) To the County, at the address shown in the agreement or such other address designated within the agreement. Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. C.PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the County from participating in similar activities with other public or private agencies, organizations, and individuals. D. ENDORSEMENT. Any of the County’s contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the County's products or activities. E.USE OF U.S. FOREST SERVICE INSIGNIA. In order for the County to use the U.S. Forest Service Insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service’s Office of Communications (Washington Office). A written request will be submitted by the U.S. Forest Service to the Office of Communications Assistant Director, Visual Information and Publishing Services, prior to use of the insignia. The U.S. Forest Service will notify the the County when permission is granted. F.NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANT. The County agree(s) that any of the County‘s employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as the County hereby willingly agree(s) to assume these responsibilities. Further, the County shall provide any necessary training to the County’s employees, volunteers, interns, and other program participants to ensure that such personnel are capable of performing tasks to be completed. The CountyThe County shall also supervise and direct the work of its employees, volunteers, interns and participants performing under this agreement. G. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. H. NONDISCRIMINATION. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), Page 6 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. I.ELIGIBLE WORKERS. The County shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). The County shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. J.SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). The County shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. K. STANDARDS FOR FINANCIAL MANAGEMENT. 1. Financial Reporting Page 7 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) The County shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions. 2. Accounting Records The County shall continuously maintain and update records identifying the source and use of funds. The records shall contain information pertaining to the agreement, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Internal Control The County shall maintain effective control over and accountability for all U.S. Forest Service funds, real property, and personal property assets. The County shall keep effective internal controls to ensure that all United States Federal funds received are separately and properly allocated to the activities described in the agreement and used solely for authorized purposes. 4. Source Documentation The County shall support all accounting records with source documentation. These documentations include, but are not limited to, cancelled checks, paid bills, payrolls, contract and contract documents. These documents must be made available to the U.S. Forest Service upon request. L. INDIRECT COST RATES- PARTNERSHIP Indirect costs are approved for reimbursement or as a cost-share requirement and have an effective period applicable to the term of this agreement. 1.If the County has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10 percent of modified total direct costs (MTDC). MTDC is defined as all salaries and wages, fringe benefits, materials and supplies, services, travel, and contracts up to the first $25,000 of each contract. 2.For rates greater than 10 percent and less than 25 percent, the County shall maintain documentation to support the rate. Documentation may include, but is not limited to, accounting records, audit results, cost allocation plan, letter of indirect cost rate approval from an independent accounting firm, or other Federal agency approved rate notice applicable to agreements. 3.For a rate greater than 25 percent, the U.S. Forest Service may require that request a federally approved rate from the County ’s cognizant audit agency no later than 3 months after the effective date of the agreement. The County will be reimbursed for indirect costs or allowed to cost-share at the rate reflected Page 8 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) in the agreement until the rate is formalized in the negotiated indirect cost rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing may be subject to adjustment. 4. Failure to provide adequate documentation supporting the indirect cost rate, if requested, could result in disallowed costs and repayment to the U.S. Forest Service. M.AGREEMENT CLOSE-OUT. Within 90 days after expiration or notice of termination The County shall close out the agreement. Any unobligated balance of cash advanced to the County must be immediately refunded to the U.S. Forest Service, including any interest earned in accordance with 7CFR3016.21/2CFR 215.22. Within a maximum of 90 days following the date of expiration or termination of this agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by the County. If this agreement is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. N. FINANCIAL STATUS REPORTS. A Federal Financial Report, form SF-425, must be submitted quarterly. The report is due 30 days after the reporting period ending March 31, June 30, September 30, December 31. The final SF-425 must be submitted either with the final payment request or no later than 120 days from the expiration date of the agreement. The form may be found at https://www.grants.gov/forms/post-award-reporting-forms.html. O. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain information on the following: - A comparison of actual accomplishments to the goals established for the period. Wherever the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable. - Reason(s) for delay if established goals were not met. - Additional pertinent information. The Cooperator shall submit quarterly performance reports to the U.S. Forest Service Program Manager. These reports are due 30 days after the reporting period. The final performance report must be submitted either with Cooperator’s final Page 9 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) payment request, or separately, but not later than 120 days from the expiration date of the agreement. For non-BIL funded work: The County shall submit annual performance reports to the U.S. Forest Service Program Manager. These reports are due 90 days after the reporting period. The final performance report must be submitted either with the County’s final payment request, or separately, but not later than 90 days from the expiration date of the agreement. P.RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The County shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration or termination date. As used in this provision, records includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. The County shall provide access and the right to examine all records related to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition. Q. FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill). R.TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperatives, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. Page 10 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) S.JUSTICE 40 INITIATIVE. Executive Order (EO) 14008, Tackling the Climate Crisis at Home and Abroad, was signed on January 27, 2021. This EO commits federal agencies to providing 40% of federal benefits to disadvantaged communities. When the cooperator is considering a sub-award or contract to be executed under this agreement, the cooperator shall consider the requirements of EO 14008, section 223, OMB M-21-28 and OMB-23-09. T.PUBLIC NOTICES. It is The U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. The County is/are encouraged to give public notice of the receipt of this agreement and, from time to time, to announce progress and accomplishments. Press releases or other public notices should reference the Agency as follows: “The Invasive Plant Program of the Olympic National Forest of the U.S. Forest Service, U.S. Department of Agriculture” The County may call on The U.S. Forest Service's Office of Communication for advice regarding public notices. The County is/are requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to The U.S. Forest Service's Office of Communications as far in advance of release as possible. U. GOVERNMENT-FURNISHED PROPERTY. The County may only use U.S. Forest Service property furnished under this agreement for performing tasks assigned in this agreement. The County shall not modify, cannibalize, or make alterations to U.S. Forest Service property. A separate document, Form AD-107, must be completed to document the loan of U.S. Forest Service property. The U.S. Forest Service shall retain title to all U.S. Forest Service-furnished property. Title to U.S. Forest Service property must not be affected by its incorporation into or attachment to any property not owned by the U.S. Forest Service, nor must the property become a fixture or lose its identity as personal property by being attached to any real property. Liability for Government Property. 1. Unless otherwise provided for in the agreement, the County shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract, except when any one of the following applies: a.The risk is covered by insurance or the County is/are otherwise reimbursed (to the extent of such insurance or reimbursement). b. The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of the County’s managerial personnel. The County’s managerial personnel, in this provision, means the County’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the County’s business; all or substantially all of the County’s operation at any one plant or separate location; or a separate and complete major industrial operation. Page 11 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) 2.The County shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The County shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. 3.The County shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. 4. Upon the request of the Grants Management Specialist, the County shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of agreements of assignment in favor of the Government in obtaining recovery. V.U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS AND ELECTRONIC MEDIA. The County shall acknowledge U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this agreement. W.NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The County shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free voice (866) 632- 9992, TDD (800) 877-8339, or voice relay (866) 377-8642. USDA is an equal opportunity provider and employer. If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider." X.REMEDIES FOR COMPLIANCE RELATED ISSUES. If the County materially fail(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the County or more severe enforcement action by the U.S. Forest Service; Page 12 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current agreement for the County’s program; 4. Withhold further awards for the program, or 5.Take other remedies that may be legally available, including debarment procedures under 2 CFR part 417. Y. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated, in whole or part, as follows: 1.When the U.S. Forest Service and the County agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. 2. By 30 days written notification by the County to the U.S. Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the U.S. Forest Service decides that the remaining portion of the agreement will not accomplish the purposes for which the agreement was made, the U.S. Forest Service may terminate the agreement in its entirety. Upon termination of an agreement, the County shall not incur any new obligations for the terminated portion of the agreement after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest Service shall allow full credit to the County for the U.S. Forest Service share of obligations that cannot be cancelled and were properly incurred by the County up to the effective date of the termination. Excess funds must be refunded within 60 days after the effective date of termination. Z. ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. AA. DEBARMENT AND SUSPENSION. The County shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should the County or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue Page 13 of 27 USDA, Forest Service OMB 0596-0217 FS-1500-16 (Rev. 9-15) alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 15 of 27 U.S. Forest Service OMB 0596-0217 FS-1500-17B Attachment:A USFS Agreement No.:Mod. No.: Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $802.89 $3,911.96 $1,137.92 $0.00 $5,852.77 Travel $0.00 $167.50 $167.50 $0.00 $335.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies/Materials $500.00 $123.99 $100.00 $0.00 $723.99 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 Subtotal $1,302.89 $4,203.45 $1,405.42 $0.00 $6,911.76 Coop Indirect Costs $796.55 $266.33 $1,062.88 FS Overhead Costs $208.46 $208.46 Total $1,511.35 $5,000.00 $1,671.75 $0.00 $8,183.10 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) 24-PA-11060900-042 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding Agreements Financial Plan (Short Form) FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS (g) 20.43% (h) 100.00% (e) Total Total Project Value: Matching Costs Determination Total Forest Service Share =(f) 79.57% Page 16 of 27 Standard Calculation Job Description Cost/Day # of Days Total Invasive Plant Program Coordinator $348.88 1.00 $348.88 Forest Botanist $454.01 1.00 $454.01 Total Salaries/Labor $802.89 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total Total Travel $0.00 Supplies/Materials # of Items Lump Sum Total Planting/Seeding $500.00 $500.00 Total Supplies/Materials $500.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 16.00%$208.46 Total FS Overhead Costs $208.46 WORKSHEET FOR Standard Calculation Standard Calculation $1,302.89 Subtotal Direct Costs Forest Service Overhead Costs FS Non-Cash Contribution Cost Analysis, Column (a) TOTAL COST $1,511.35 Other Expenses Subtotal Direct Costs Travel Salaries/Labor Supplies/Materials $1,302.89 Page 17 of 27 Job Description Cost/Day # of Days Total MCNWCB Coordinator $349.96 5.00 $1,749.80 Crewmember $196.56 11.00 $2,162.16 Total Salaries/Labor $3,911.96 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksites 200 miles X 0.67/mile $167.50 Total Travel $167.50 Supplies/Materials # of Items Cost/Item Total PPE, herbicide, hand pruners, heavy garbage bags, etc.1.00 $123.99 $123.99 Total Supplies/Materials $123.99 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 18.95%$796.55 $796.55 WORKSHEET FOR Standard Calculation FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Travel Supplies/Materials Standard Calculation Standard Calculation Standard Calculation TOTAL COST $5,000.00 $4,203.45 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $4,203.45 Page 18 of 27 Job Description Cost/Day # of Days Total MCNWCB Coordinator $349.96 2.00 $699.92 Office Mgr_Contract Admin $438.00 1.00 $438.00 Total Salaries/Labor $1,137.92 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksite 200 miles X 0.67/mile $167.50 Total Travel $167.50 Supplies/Materials # of Items Cost/Item Total PPE/Field Supplies/herbicide 1.00 $100.00 $100.00 Total Supplies/Materials $100.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 18.95%$266.33 $266.33 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Supplies/Materials Standard Calculation Standard Calculation Standard Calculation TOTAL COST $1,671.75 $1,405.42 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $1,405.42 Standard Calculation Page 19 of 27 U.S. Forest Service OMB 0596-0217 FS-1500-17B Attachment:B USFS Agreement No.:Mod. No.: Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $1,500.65 $7,823.92 $1,837.84 $0.00 $11,162.41 Travel $0.00 $268.00 $268.00 $0.00 $536.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies/Materials $250.00 $314.97 $425.00 $0.00 $989.97 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 Subtotal $1,750.65 $8,406.89 $2,530.84 $0.00 $12,688.38 Coop Indirect Costs $1,593.11 $479.59 $2,072.70 FS Overhead Costs $280.10 $280.10 Total $2,030.75 $10,000.00 $3,010.43 $0.00 $15,041.18 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) 24-PA-11060900-042 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding Agreements Financial Plan (Short Form) FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS (g) 20.01% (h) 100.00% (e) Total Total Project Value: Matching Costs Determination Total Forest Service Share =(f) 79.99% Page 20 of 27 Standard Calculation Job Description Cost/Day # of Days Total Invasive Plant Program Coordinator $348.88 3.00 $1,046.64 Forest Botanist $454.01 1.00 $454.01 Total Salaries/Labor $1,500.65 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total Total Travel $0.00 Supplies/Materials # of Items Lump Sum Total Planting/Seeding $250.00 $250.00 Total Supplies/Materials $250.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 16.00%$280.10 Total FS Overhead Costs $280.10 WORKSHEET FOR Standard Calculation Standard Calculation $1,750.65 Subtotal Direct Costs Forest Service Overhead Costs FS Non-Cash Contribution Cost Analysis, Column (a) TOTAL COST $2,030.75 Other Expenses Subtotal Direct Costs Travel Salaries/Labor Supplies/Materials $1,750.65 Page 21 of 27 Job Description Cost/Day # of Days Total MCNWCB Coordinator $349.96 10.00 $3,499.60 Crewmember $196.56 22.00 $4,324.32 Total Salaries/Labor $7,823.92 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksites 400 miles X 0.67/mile $268.00 Total Travel $268.00 Supplies/Materials # of Items Cost/Item Total PPE, herbicide, hand pruners, heavy garbage bags, etc.1.00 $314.97 $314.97 Total Supplies/Materials $314.97 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 18.95%$1,593.11 $1,593.11 WORKSHEET FOR Standard Calculation FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Travel Supplies/Materials Standard Calculation Standard Calculation Standard Calculation TOTAL COST $10,000.00 $8,406.89 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $8,406.89 Page 22 of 27 Job Description Cost/Day # of Days Total MCNWCB Coordinator $349.96 4.00 $1,399.84 Office Mgr_Contract Admin $438.00 1.00 $438.00 Total Salaries/Labor $1,837.84 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksite 400 miles X 0.67/mile $268.00 Total Travel $268.00 Supplies/Materials # of Items Cost/Item Total PPE/Field Supplies/herbicide 1.00 $400.00 $400.00 Office Supplies 1.00 $25.00 $25.00 Total Supplies/Materials $425.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 18.95%$479.59 $479.59 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Supplies/Materials Standard Calculation Standard Calculation Standard Calculation TOTAL COST $3,010.43 $2,530.84 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $2,530.84 Standard Calculation Page 23 of 27 U.S. Forest Service OMB 0596-0217 FS-1500-17B Attachment:C USFS Agreement No.:Mod. No.: Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $1,151.77 $15,647.84 $3,675.68 $0.00 $20,475.29 Travel $0.00 $469.00 $469.00 $0.00 $938.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies/Materials $250.00 $696.95 $440.00 $0.00 $1,386.95 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 Subtotal $1,401.77 $16,813.79 $4,584.68 $0.00 $22,800.24 Coop Indirect Costs $3,186.21 $868.80 $4,055.01 FS Overhead Costs $224.28 $224.28 Total $1,626.05 $20,000.00 $5,453.48 $0.00 $27,079.53 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) 24-PA-11060900-042 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding Agreements Financial Plan (Short Form) FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS (g) 20.14% (h) 100.00% (e) Total Total Project Value: Matching Costs Determination Total Forest Service Share =(f) 79.86% Page 24 of 27 Standard Calculation Job Description Cost/Day # of Days Total Invasive Plant Program Coordinator $348.88 2.00 $697.76 Forest Botanist $454.01 1.00 $454.01 Total Salaries/Labor $1,151.77 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total Total Travel $0.00 Supplies/Materials # of Items Lump Sum Total Planting/Seeding $250.00 $250.00 Total Supplies/Materials $250.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 16.00%$224.28 Total FS Overhead Costs $224.28 WORKSHEET FOR Standard Calculation Standard Calculation $1,401.77 Subtotal Direct Costs Forest Service Overhead Costs FS Non-Cash Contribution Cost Analysis, Column (a) TOTAL COST $1,626.05 Other Expenses Subtotal Direct Costs Travel Salaries/Labor Supplies/Materials $1,401.77 Page 25 of 27 Job Description Cost/Day # of Days Total MCNWCB Coordinator $349.96 20.00 $6,999.20 Crewmember $196.56 44.00 $8,648.64 Total Salaries/Labor $15,647.84 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksites 700 miles X 0.67/mile $469.00 Total Travel $469.00 Supplies/Materials # of Items Cost/Item Total PPE, herbicide, hand pruners, heavy garbage bags, etc.$696.95 $696.95 Total Supplies/Materials $696.95 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 18.95%$3,186.21 $3,186.21 WORKSHEET FOR Standard Calculation FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Travel Supplies/Materials Standard Calculation Standard Calculation Standard Calculation TOTAL COST $20,000.00 $16,813.79 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $16,813.79 Page 26 of 27 Job Description Cost/Day # of Days Total MCNWCB Coordinator $349.96 8.00 $2,799.68 Office Mgr_Contract Admin $438.00 2.00 $876.00 Total Salaries/Labor $3,675.68 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksite 700 miles X 0.67/mile $469.00 Total Travel $469.00 Supplies/Materials # of Items Cost/Item Total PPE/Field Supplies/herbicide 1.00 $400.00 $400.00 Office Supplies 1.00 $40.00 $40.00 Total Supplies/Materials $440.00 Item # of Units Cost/Unit Total Total Other $0.00 Current Overhead Rate Total 18.95%$868.80 $868.80 WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Supplies/Materials Standard Calculation Standard Calculation Standard Calculation TOTAL COST $5,453.48 $4,584.68 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $4,584.68 Standard Calculation Page 27 of 27 FS-1500-19 (VER. 05/24) OMB No. 0596-0217 EXP: 05/31/2027 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES 1 5 + Att 1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 24-PA-11060900-042 (INVASIVE PLANT INVENTORY PREVENTION AND CONTROL IN MASON COUNTY) 2. RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY: 3. MODIFICATION NUMBER: 001 4. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): Olympic National Forest 1835 Black Lake Blvd SW Olympia, WA 98512 5. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4): Olympic National Forest 1835 Black Lake Blvd SW Olympia, WA 98512 6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county): MASON COUNTY 411 N 5TH ST Shelton, Washington 98584-3466 7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS payment use only): 8.PURPOSE OF MODIFICATION CHECK ALL THAT APPLY: This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above. CHANGE IN PERFORMANCE PERIOD: CHANGE IN FUNDING: Add Funding $18,996.00, See box 9. ADMINISTRATIVE CHANGES: Update Contacts, Update Provisions and Incorporate Provisions, See Box 9. OTHER (Specify type of modification): Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): This modification to the agreement with the County will add $18,996.00, for a new total of $53,996.00 as described in the Original Financial Plan -Attachment A and the attached modification 001 Financial Plan, Attachement A.1. All previously available funds not expended remain available. UPDATE THE FOLLOWING PROVISIONS: REMOVE COOPERATOR CONTACT Kela Hall-Wieckert ADD COOPERATOR CONTACT Heidi Steinbach hsteinbach@masoncountywa.gov ADD U.S. FOREST SERVICE PROGRAM CONTACT Partnership Coordinator Jennifer Garcia Santiago jennifer.garciasantiago@usda.gov SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). The County shall maintain current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when needed, of organizational information after the initial registration. More frequent review and updates may be required for changes in organizational information or agreement term(s). Any change to the original UEI provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For purposes of this agreement, System for Award Management (SAM) FS-1500-19 (VER. 05/24) OMB No. 0596-0217 EXP: 05/31/2027 means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. INDIRECT COST RATES- PARTNERSHIP. Indirect costs are approved for reimbursement or as a cost-share requirement and have an effective period applicable to the term of this agreement. 1. If the County has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de minimis indirect cost rate up to 15 percent of modified total direct costs (MTDC). MTDC is defined as all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (regardless of the period of performance of the subawards under the award). 2. For rates greater than 15 percent and less than 25 percent, The County shall maintain documentation to support the rate. Documentation may include, but is not limited to, accounting records, audit results, cost allocation plan, letter of indirect cost rate approval from an independent accounting firm, or other Federal agency approved rate notice applicable to agreements. 3. For a rate greater than 25 percent, the U.S. Forest Service may require that the County request a federally approved rate from the County’s cognizant audit agency no later than 3 months after the effective date of the agreement. The County will be reimbursed for indirect costs or allowed to cost-share at the rate reflected in the agreement until the rate is formalized in the negotiated indirect cost rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing may be subject to adjustment. 4. Failure to provide adequate documentation supporting the indirect cost rate, if requested, could result in disallowed costs and repayment to the U.S. Forest Service. AGREEMENT CLOSE-OUT. Within 120 days after expiration or notice of termination shall close out the agreement. Any unobligated balance of cash advanced to the County must be immediately refunded to the U.S. Forest Service, including any interest earned in accordance with 7CFR3016.21/2CFR 215.22. Within a maximum of 120 days following the date of expiration or termination of this agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by the County. If this agreement is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the County for the U.S. Forest Service's share of actual expenses incurred, not to exceed $18,996.00, as shown in modification 001 Financial Plan Attachment A.1. In order to approve a Request for Reimbursement, the U.S. Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement. The U.S. Forest Service shall make payment upon receipt of the the County's annual invoice. Each invoice from the County must display the total project costs for the billing period, separated by U.S. Forest Service and the County's share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display the County's full match towards the project, as shown in the financial plan, and be submitted no later than 120 days from the expiration date. Each invoice must include, at a minimum: 1. The County’s name, address, and telephone number. 2. U.S. Forest Service agreement number. 3. Invoice date. 4. Performance dates of the work completed (start & end). 5. Total invoice amount for the billing period, separated by U.S. Forest Service and the County share with in-kind contributions displayed as a separate line item. 6. Display all costs, both cumulative and for the billing period, by separate cost elements as shown on the financial plan. 7. Cumulative amount of U.S. Forest Service payments to date. 8. Statement that the invoice is a request for payment by “reimbursement”. 9. If using SF-270, a signature is required. 10. Invoice Number, if applicable. The invoice must be forwarded to: EMAIL: SM.FS.ASC_GA@USDA.GOV FS-1500-19 (VER. 05/24) OMB No. 0596-0217 EXP: 05/31/2027 FAX: 877-687-4894 POSTAL: USDA Forest Service Albuquerque Service Center Payments – Grants & Agreements 4000 Masthead Street NE Albuquerque, NM 87109 Send a copy to: Cheryl Bartlett Olympic National Forest 1835 Black Lake Blvd SW Olympia, WA 98512 cheryl.bartlett@usda.gov PROGRAM MONITORING AND PERFORMANCE REPORTS. The parties to this agreement shall monitor the work activities to ensure that performance goals are being achieved. The cooperator shall prepare a performance report for each reporting period that contains the following: - A comparison of actual accomplishments to the goals established for the period. Wherever the output of the project can be readily expressed in numbers, the report shall also include a computation of the cost per unit or output, asapplicable. Example: Goal-50 miles of trail maintenance; Actual-25 miles of trail work completed near mile marker 0.7. 25 miles x $422/mile = $10,500 - If established goals were not met, the report shall include (1) the reason for the delay, (2) a detailed explanation of why the goal was not achieved and identify any factors that may have contributed to the delay, and (3) a plan of action for addressing the issue and getting the project back on track. The plan should outline the specific steps that will be taken to address the issues and a timeline for implementing these steps. This information will enable the Forest Service to understand the reasons for the delay to determine if an agreement modification is warranted. Example: Due to severe weather conditions, the crew was unable to reach certain areas impacted by landslides. The schedule has been modified to have a 5-person crew onsite starting in May, 2023 to complete the remaining 25 miles of trails when optimal weather conditions are expected. - The report shall also include any additional pertinent information relevant to the project. For each ALN/CFDA, the performance report must include all relevant project work completed and/or invoiced for the reporting period then submitted to the Forest Service Program Contact. The quarterly performance report for each respective ALN/CFDA is due no later than 30 days after the reporting period ending March 31, June 30, September 30, December 31. The annual performance report for each respective ALN/CFDA is due no later than 90 days after the reporting period ending March 31, June 30, September 30, December 31. The final performance report must be submitted either with the Cooperator’s final payment request, or separately, no later than 120 days from the expiration date of the agreement, whichever is soonest. For CFDA #10.717, a [QUARTERLY] progress report is required. For CFDA # 10.699, an [ANNUAL] progress report is required. For CFDA # 10.665, an [ANNUAL] progress report is required. If financial and performance reports are not timely submitted according to the outlined terms and schedules, it is considered a material breach of the agreement and will result in payment delays and could potentially lead to termination of the agreement. NONDISCRIMINATION . The recipient/cooperator of this award must comply with all applicable Federal anti-discrimination laws and regulations. For more information about USDA Civil Rights requirements, please visit https://www.usda.gov/about- usda/general-information/staff-offices/office-assistant-secretary-civil-rights. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL . In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA FS-1500-19 (VER. 05/24) OMB No. 0596-0217 EXP: 05/31/2027 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE- REFERENCED GRANT/AGREEMENT. 11.A. THE COUNTY SIGNATURE 11.B. DATE SIGNED 11.C. U.S. FOREST SERVICE SIGNATURE 11.D. DATE SIGNED (Signature of Signatory Official) (Signature of Signatory Official) 11.E. NAME (type or print): SHARON TRASK 11.F. NAME (type or print): KELLY D. LAWRENCE 11.G. TITLE (type or print): Mason County Commissioner’s Chair 11.H. TITLE (type or print): Forest Supervisor 12. G&A REVIEW 12.A. The authority and format of this modification have been reviewed and approved for signature by: ______________________________________ CASSANDRA MCCARTHY (24-PA-11060900-042 MOD:001) U.S. Forest Service Grants & Agreements Specialist 12.B. DATE SIGNED through the Telecommunications Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Mail Stop 9410, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. ADD THE FOLLOWING PROVISION: FUNDING EQUIPMENT. Federal funding under this agreement is not available for reimbursement of the County’s purchase of equipment. Equipment is defined as having a fair market value of $10,000 or more per unit and a useful life of over one year. FEDERAL TORT CLAIMS ACT. The United States, acting by and through the Forest Service, hereby agrees to bear any and all liabilities of any kind related to the exercise of the Forest Service's rights under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et. seq., or any other applicable act wherein Congress specifically waived sovereign immunity of the United States PAID SICK LEAVE REQUIREMENTS. Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, and its implementing regulations, including the federal contractor paid sick leave clause at 29 CFR Part 13, Appendix A, apply to the Cooperator and any subcontractors under this agreement. These regulatory requirements are incorporated by reference into this agreement as if fully set forth in this agreement. 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work Revised Financial Plan Other: Attachment A.1 Financial Plan FS-1500-19 (VER. 05/24) OMB No. 0596-0217 EXP: 05/31/2027 Paperwork Reduction Act Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a collection of information unless it displays a valid OMB control number. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection is 0596-0217. Response to this collection of information is mandatory. The authority to collect the information Section 7 of the Granger-Thye Act (16 U.S.C. 580d) and Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751-1753). The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Department of Agriculture, Clearance Officer, OIRM, 1400 Independence Avenue, SW, Room 404-W, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB# 0596-0217), 725 17th Street NW, Washington, D.C. 20503. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA’s TARGET Center at (202) 720-2600 (voice and TYY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. The Privacy Act of 1974, 5 U.S.C. 552a and the Freedom of Information Act, 5 U.S.C. 552 govern the confidentiality to be provided for information received by the Forest Service. U.S. Forest Service OMB 0596-0217 FS-1500-17B Attachment:A.1 Title II Funds USFS Agreement No.:Mod. No.:001 Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $1,849.53 $14,775.28 $3,675.68 $0.00 $20,300.49 Travel $0.00 $630.00 $280.00 $0.00 $910.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies/Materials $0.00 $508.27 $490.00 $0.00 $998.27 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Other $0.00 Subtotal $1,849.53 $15,913.55 $4,445.68 $0.00 $22,208.76 Coop Indirect Costs $3,082.45 $861.13 $3,943.58 FS Overhead Costs $277.43 $277.43 Total $2,126.96 $18,996.00 $5,306.81 $0.00 $26,429.77 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) Total Project Value: (e) Total 20.08% Agreements Financial Plan (Short Form) 24-PA-11060900-042 Note: This Financial Plan may be used when: (1)No program income is expected and (2)The Cooperator is not giving cash to the FS and (3)There is no other Federal funding FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS 100.00% (h) (g) Matching Costs Determination Total Forest Service Share =(f) 79.92% Page 1 Standard Calculation Job Description Cost/Day # of Days Total Invasive Plant Program Coordinator $348.88 4.00 $1,395.52 Forest Botanist $454.01 1.00 $454.01 Total Salaries/Labor $1,849.53 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total $0.00 Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 Total Equipment $0.00 Supplies/Materials # of Items Cost/Item Total $0.00 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 Total Other $0.00 Current Overhead Rate Total 15.00%$277.43 Total FS Overhead Costs $277.43 $1,849.53 Subtotal Direct Costs Forest Service Overhead Costs FS Non-Cash Contribution Cost Analysis, Column (a) TOTAL COST $2,126.96 Printing Other Expenses Subtotal Direct Costs Equipment Travel Salaries/Labor Supplies/Materials $1,849.53 WORKSHEET FOR Standard Calculation Standard Calculation Standard Calculation Standard Calculation Job Description Cost/Day # of Days Total $349.96 22.00 $7,699.12MCNWCB Coordinator Crew Member $196.56 36.00 $7,076.16 Total Salaries/Labor $14,775.28 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksites 50 miles/trip @ $0.70/mi $35.00 18.00 $630.00 Total Travel $630.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 Total Equipment $0.00 Supplies/Materials # of Items Cost/Item Total Misc M&S (herbicide, PPE, etc)1.00 $508.27 $508.27 Total Supplies/Materials $508.27 Paper Material # of Units Cost/Unit Total $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 Total Other $0.00 Current Overhead Rate Total 19.37%$3,082.45 $3,082.45 Standard Calculation Standard Calculation Standard Calculation Standard Calculation TOTAL COST $18,996.00 $15,913.55 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $15,913.55 WORKSHEET FOR Standard Calculation Standard Calculation Printing FS Cash to the Cooperator Cost Analysis, Column (b) Salaries/Labor Travel Equipment Supplies/Materials Job Description Cost/Day # of Days Total Mason CNWCB Coordinator $349.96 8.00 $2,799.68 Office Manager/Contract Admin $438.00 2.00 $876.00 Total Salaries/Labor $3,675.68 Travel Expense Employees Cost/Trip # of Trips Total Travel to/from worksites 50 miles/trip @ $0.70/mi $35.00 8.00 $280.00 Total Travel $280.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 Total Equipment $0.00 Supplies/Materials # of Items Cost/Item Total Misc M&S (herbicide, PPE, etc)1.00 $450.00 $450.00 office supplies 1.00 $40.00 $40.00 Total Supplies/Materials $490.00 Paper Material # of Units Cost/Unit Total $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 Total Other $0.00 Current Overhead Rate Total 19.37%$861.13 $861.13 Standard Calculation Printing TOTAL COST $5,306.81 $4,445.68 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $4,445.68 Standard Calculation WORKSHEET FOR Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Equipment Supplies/Materials Standard Calculation Standard Calculation Standard Calculation Standard Calculation Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 10.1 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: Public Hearing to consider the approval of the proposed amendments to the Mason County Code Title 5, Chapter 5.18 Temporary Outdoor Public Events (TOPE). 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.