HomeMy WebLinkAbout2025/09/08 - Briefing Packet Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted
via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th Street, Shelton, WA
98584; or phone at (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via
telephone, please provide your telephone number to the Commissioners’ office no later than 4:00 p.m. the
Friday before the meeting. If special accommodations are needed, contact the Commissioners' office at
Shelton (360) 427-9670 ext. 419
Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent
version.
Last printed 09/04/25 at 12:25 PM
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of September 8, 2025
Monday
Noon WA State Association of Counties Zoom Meeting*
Virtual Assembly
*This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may
attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings.
Monday, September 8, 2025
Zoom link available on the Mason County website
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
10:00 A.M. Executive Session - RCW 42.30.110 (1)(c) Real Estate
10:30 A.M. Office of the Washington State Auditor – Entrance Conference
10:50 A.M. WSU Extension – Dan Teuteberg
11:00 A.M. Sheriff’s Office – Ryan Spurling
11:05 A.M. Public Works – Loretta Swanson
11:25 A.M. Support Services – Travis Adams
Commissioner Discussion – as needed
Entrance Conference: Mason County
The Office of the Washington State Auditor’s vision is increased trust in government. Our mission is to provide
citizens with independent and transparent examinations of how state and local governments use public funds, and
develop strategies that make government more efficient and effective.
The purpose of this meeting is to share our planned audit scope so that we are focused on the areas of highest risk.
We value and appreciate your input.
Audit Scope
Based on our planning, we will perform the following audits:
Accountability audit for January 1, 2024 through December 31, 2024
We will examine the management, use and safeguarding of public resources to ensure there is protection from
misuse and misappropriation. In addition, we will evaluate whether there is reasonable assurance for adherence
to applicable state laws, regulations and policies and procedures.
We plan to evaluate the following areas:
• Procurement – public works and purchases
• Department of Public Health & Human Services
• Self-insurance – unemployment
• Open public meetings – compliance with minutes, meetings and executive session requirements
• Financial condition – reviewing for indications of financial distress
Financial statement audit for January 1, 2024 through December 31, 2024
We will provide an opinion on whether your financial statements are presented fairly, in all material respects, in
accordance with the applicable reporting framework. The audit does not attempt to confirm the accuracy of every
amount, but does search for errors large enough to affect the conclusions and decisions of a financial statement
user.
Federal grant compliance audit for January 1, 2024 through December 31, 2024
This audit is required by federal law when a local government spends $750,000 or more annually in federal
financial assistance. We will provide an opinion on compliance with federal requirements that could have a direct
and material effect on your major federal programs.
We plan to test the following federal program:
• Coronavirus State and Local Fiscal Recovery Fund, ALN 21.027
This report must be submitted, along with the Data Collection Form, to the federal clearinghouse within 30 days
after receipt of the report or nine months after the end of the audit period, whichever is earlier.
Engagement Letter
We have provided an engagement letter that confirms both management and auditor responsibilities, and other
engagement terms and limitations. Additionally the letter identifies the cost of the audit, estimated timeline for
completion and expected communications.
Levels of Reporting
Findings
Findings formally address issues in an audit report. Findings report significant results of the audit, such as
significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or
non-compliance with laws, regulations or policies. You will be given the opportunity to respond to a finding and
this response will be published in the audit report.
Management Letters
Management letters communicate control deficiencies, non-compliance, misappropriation, or abuse that are less
significant than a finding, but still important enough to be formally communicated to the governing body.
Management letters are referenced, but not included, in the audit report.
Exit Items
Exit items address control deficiencies, non-compliance with laws or regulations, or errors that have an
insignificant effect on the audit objectives. These issues are informally communicated to management.
Important Information
Confidential Information
Our Office is committed to protecting your confidential or sensitive information. Please notify us when you give
us any documents, records, files, or data containing information that is covered by confidentiality or privacy laws.
Audit Costs
The cost of the audit is estimated to be approximately $82,000 plus travel costs and other expenses, if any.
Expected Communications
During the course of the audit, we will communicate with Leo Kim, Chief Finance Officer on the audit status,
any significant changes in our planned audit scope or schedule and preliminary results or recommendations as
they are developed.
Please let us know if, during the audit, any events or concerns come to your attention of which we should be
aware. We will expect Leo to keep us informed of any such matters.
Audit Dispute Process
Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you
have during the performance of our audit. At the conclusion of the audit, we will summarize the results at the exit
conference. We will also discuss any significant difficulties or disagreements encountered during the audit and
their resolution.
Loss Reporting
Washington state law requires all state agencies and local governments to immediately notify SAO if staff know
or suspect loss of public resources, or of other illegal activity including a cyber-attack if it resulted in a loss of
public resources or potentially impacted financial records or systems. State and local government employees
should alert us to suspected fraud through the online Report a Suspected Fraud or Loss form below. These
notifications can be made on our website at www.sao.wa.gov/report-a-concern/how-to-report-a-concern/fraud-
program.
Peer Reviews of the Washington State Auditor’s Office
To ensure that our audits satisfy Government Auditing Standards, our Office receives external peer reviews every
three years by the National State Auditors Association (NSAA). The most recent peer review results are available
online at www.sao.wa.gov/about-sao/who-audits-the-auditor. Our Office received a “pass” rating, which is the
highest level of assurance that an external review team can give on a system of audit quality control.
Working Together to Improve Government
Audit Survey
When your report is released, you will receive an audit survey from us. We value your opinions on our audit
services and hope you provide us feedback.
Local Government Support Team
This team provides support services to local governments through the Budget, Accounting, and Reporting System
(BARS) and annual online filing technical assistance, provides accounting, reporting and BARS training. Our
website and client portal offers many resources, including a client Help Desk that answers auditing and accounting
questions, updated BARS manuals, access to resources and recorded trainings, and additional accounting and
reporting resources. Additionally this team assists with the online filing of your financial statements.
Stay informed on current and upcoming accounting implementations at https://sao.wa.gov/sites/default/files/bars-
-files/GASB_Accounting_Changes.pdf
The Center for Government Innovation
The Center for Government Innovation of the Office of the Washington State Auditor offers services designed to
help you, help the residents you serve at no additional cost to your government. What does this mean? They
provide expert advice in areas like building a Lean culture to help local governments find ways to be more
efficient, effective and transparent. The Center also provides financial management technical advice and best
practices and resources. These can be accessed from the “Improving Government” tab of our SAO website and
help you act on accounting standard changes, comply with regulations, protect public resources, minimize your
cybersecurity risk and respond to recommendations in your audit. The Center also offers the Financial Intelligence
Tool, better known as FIT, to help you assess and monitor your finances and compare your financial operations
to other local governments like you. You can email the Center for a personal training session to learn all the
benefits using the FIT tool can provide. The Center understands that time is your most precious commodity as a
public servant, and wants to help you do more with the limited hours you have. Learn more about how the Center
can help you maximize your effect in government at https://sao.wa.gov/improving-government/center-
government-innovation.
Explore the latest resources in our Resource Library at https://sao.wa.gov/improving-government/resource-
library.
Audit Team Qualifications
Timothy Trail Jr., Assistant State Auditor – Tim has worked for the State Auditor’s Office since October 2017
and has a Bachelor’s Degree in Accounting and Finance as well as an International Business Option from Oregon
State University. Tim currently serves as a Subject Matter Expert for Public Utility Districts. Since starting with
Team Port Orchard, he has led and assisted on many audits including counties, cities, PUDs, fire districts, and
school districts. Phone: (360) 845-1487 or Timothy.Trail@sao.wa.gov
Vinny Shiel, Assistant Audit Manager – Vinny has been with the State Auditor’s Office since 2017. In his role,
he supervises and mentors staff in the performance of their audits by reviewing audit work and assisting in
discussions with audit clients. He previously worked at our Everett Office, leading audits for a wide variety of
governments within Snohomish County. Vinny graduated from Central Washington University with a Bachelor’s
degree in Accounting. Phone: (425) 510-0488 or Vincent.Shiel@sao.wa.gov
Melinda Seibert, CPA, Audit Manager – Melinda has been with the Washington State Auditor’s office since
2012, became an Assistant Audit Manager in 2016 and the Audit Manager in 2024. In her role, she oversees Team
Port Orchard, which performs financial, single and accountability audits for local governments in Kitsap, Mason,
Jefferson, Clallam, and portions of Pierce and King Counties. She has a Master’s Degree in Accounting and is a
Certified Public Accountant. Phone: (360) 845-1485 or Melinda.Seibert@sao.wa.gov
Wendy Choy, Assistant Director of Local Audit - Wendy has been with the Washington State Auditor’s Office
since 2002. In her role as Assistant Director, she assists with statewide oversight and management of all the audits
for local government. She is also the program manager for public hospital districts. She served as an Audit
Manager for six years prior to becoming an Assistant Director of Local Audit. Phone: (425) 502-7067 or
Wendy.Choy@sao.wa.gov
Tina M. Watkins, CPA, Director of Local Audit – Tina has been with the Washington State Auditor’s Office
since 1994. In her role, she oversees the audit teams that perform the audits for over 2,200 local governments.
She serves on the Washington Finance Officers Association Board. She served as Assistant Director of Local
Audit for 8 years prior to becoming the Director of Local Audit. Phone: (360) 260-6411 or
Tina.Watkins@sao.wa.gov
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): September 8th, 2025 Agenda Date(s): September 16, 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:
Interagency Agreement between Washington State Department of Agriculture and Mason County and its
Agent Mason County Noxious Weed Control Board – Contract Number K6082.
Background/Executive Summary:
Mason County Noxious Weed Control Program was awarded $25,000 from Washington State Department
of Agriculture to be used for knotweed control on selected creeks, rivers and shorelines in Mason County.
Mason County Noxious Weed Control Board has received funding through WSDA Knotweed Control
Program since 2013. This funding has supported our knotweed control work. There are four species of
Knotweed present in Mason County. They are all highly invasive noxious weeds. They impact our natural
resources, increase erosion and degrade habitat for native species such as salmon.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
This agreement will provide $25,000 to be used for knotweed control in selected areas of Mason County.
It will provide a maximum of $7,000 for the 2025 budget year, $15,000 for 2026 budget year, and $3,000
for the 2027 budget year. This will assist with funding the extra-help noxious weed position and facilitate
knotweed control in Mason County.
Public Outreach:
NA
Requested Action:
Approval to place Interagency Agreement between Washington State Department of Agriculture and
Mason County and its Agent Mason County Noxious Weed Control Board – Contract Number K6082 on
action agenda for signature.
Attachment(s):
Interagency agreement between Washington State Department of Agriculture and Mason County and its
agent Mason County Noxious Weed Control Board – Contract Number K6082
2024 Final Knotweed Report
Contract Number: K6082
Page 1 of 6
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON STATE DEPARTMENT OF AGRICULTURE
AND
MASON COUNTY
AND ITS AGENT
MASON COUNTY NOXIOUS WEED CONTROL BOARD
THIS AGREEMENT is made and entered into by and between the Washington State
Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious
Weed Control Board.
IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent,
Mason County Noxious Weed Control Board, funding for a project to control invasive knotweed
species within the riparian corridors of Mason County.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the
necessary personnel, equipment, material and/or service(s) and otherwise do all things
necessary for or incidental to the performance of the work set forth in Attachment “A” which is
attached hereto and incorporated herein.
PERIOD OF PERFORMANCE
Regardless of the date of signature and subject to its other provisions, this Agreement shall
begin on July 1, 2025 and end on June 30, 2027, unless terminated sooner or extended by
WSDA as provided herein through a properly executed amendment.
PAYMENT
Compensation for the work provided in accordance with this Agreement has been established
under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing
the work herein will not exceed $25,000.00. Only reasonable costs identified in Attachment “A”,
incurred directly related to the Mason County Knotweed Control and Eradication Program, will
be reimbursed to Mason County under this Agreement.
Payment for satisfactory performance of the work shall not exceed this amount unless the
parties mutually agree in writing to a higher amount prior to the commencement of any work that
will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set
forth in accordance with the budget in Attachment “B” which is attached hereto and incorporated
herein.
Projects in riparian habitats will begin at the farthest upstream infestation and continue
downstream. This funding may not be used downstream of a landowner that has not
given written permission for entry and treatment (Attachment C). Any deviation requires
prior written permission from WSDA.
BILLING PROCEDURE
Mason County shall submit properly completed invoices quarterly to the WSDA Agreement
administrator. Reference WSDA Contract Number K6082 on all invoices. Payment to Mason
Contract Number: K6082
Page 2 of 6
County for approved and completed work will be made by warrant or account transfer by WSDA
within 30 days of receipt of the properly completed invoice. If Mason County does not have an
invoice template to request payment, Mason County can request a copy of a Certified State
Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for
payment not already made shall be submitted within 30 days after the expiration date or the end
of the fiscal year, whichever is earlier. In no case can this be more than 10 days past the
end of the biennium.
DUPLICATION OF BILLED COSTS
Mason County shall not bill WSDA for services performed under this contract, and WSDA shall
not pay Mason County, if Mason County has been or will be paid by any other source, including
grants, for that service.
FUNDING CONTINGENCY
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any
way after the effective date of this Agreement and prior to completion of the work in this
Agreement, WSDA may:
a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated,
the parties shall be liable only for performance rendered or costs incurred in accordance
with the terms of this Agreement prior to the effective date of termination.
b. Renegotiate the terms of the Agreement under those new funding limitations and
conditions.
c. After a review of project expenditures and deliverable status, extend the end date of this
Agreement and postpone deliverables or portions of deliverables. Or,
d. Pursue such other alternative as the parties mutually agree to writing.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the services described herein. Documents must also support
performance and costs of any nature expended in the performance of this Agreement. These
records shall be subject to inspection, review or audit by personnel of both parties, other
personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents and other material relevant to this Agreement
will be retained for six years after expiration of the Agreement and the Office of the State
Auditor, federal auditors and any persons duly authorized by the parties shall have full access
and the right to examine any of these materials during this period.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Records and other documents, in any medium, furnished by one party to this Agreement to the
other party, will remain the property of the furnishing party, unless otherwise agreed. The
receiving party will not disclose or make available this material to any third parties without first
giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent
Contract Number: K6082
Page 3 of 6
with applicable laws. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to
third parties.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be “works for hire” as
defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include,
but not be limited to, reports, documents, pamphlets, advertisements, books, magazines,
surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership
includes the right to copyright, patent, register, and the ability to transfer these rights.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement
shall continue to be employees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
SUBCONTRACTING
“Subcontractor" means one not in the employment of a party to this Agreement, who is
performing all or part of those services under this Agreement under a separate contract with a
party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s)
in any tier.
Except as otherwise provided in the Agreement, Mason County shall not subcontract any of the
contracted services without the prior approval of WSDA. Mason County is responsible to
ensure that all terms, conditions, assurances and certifications set forth in this Agreement are
included in any and all Subcontracts. Any failure of Mason County or its Subcontractors to
perform the obligations of this Agreement shall not discharge Mason County from its obligations
under this Agreement.
TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement upon 30 days’ prior written notification to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of the Agreement prior to the effective
date of termination.
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under
this Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within 15 working days of receipt of
written notice. If the failure or violation is not corrected, this Agreement may be terminated
immediately upon receipt of written notice of the aggrieved party to the other.
CONFLICT OF INTEREST
WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due
notice and examination by the Director of the Department of Agriculture, and/or the designee
Contract Number: K6082
Page 4 of 6
authorized in writing to act on the Director’s behalf, that there is a violation of the State Ethics
Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in
the procurement of or performance under this Agreement. Unless stated otherwise, the
signatory of this Agreement is the Director’s designee.
In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue
the same remedies against Mason County and its agent, Mason County Noxious Weed Control
Board, as it could pursue in the event of a breach of the Agreement by Mason County or its
agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA
provided for in this clause shall not be exclusive and are in addition to any other rights and
remedies provided by law. The existence of facts upon which the Director of the Department of
Agriculture, and/or the designee authorized in writing to act on the Director’s behalf, makes any
determination under this clause shall be an issue and may be reviewed as provided in the
“Disputes” clause of this Agreement.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to this Agreement shall appoint one member to the
Dispute Board. The members so appointed shall jointly appoint an additional member to the
Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable
statutes and rules and make a determination of the dispute. The determination of the Dispute
Board shall be final and binding on the parties hereto.
GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought under this Agreement shall be in Superior
Court for Thurston County.
ASSURANCES
The parties agree that all activity pursuant to this Agreement shall be in accordance with all
applicable federal, state and local laws, rules, and regulations as they currently exist or as
amended.
LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE
Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all
contractors hired to perform services under this Agreement shall comply with all applicable
licensing and bonding requirements for the type of service to be performed, and with the
provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County
Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate
amount of commercial general liability insurance coverage for the activities to be performed
under any subcontract.
ORDER OF PRECEDENCE
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
a. Applicable state and federal statutes and rules;
b. Terms and conditions contained within this Contract;
c. Plan of Work (Attachment A);
d. Budget (Attachment B);
Contract Number: K6082
Page 5 of 6
e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and
f. Any other provisions of the Agreement, including material incorporated by
reference.
ASSIGNMENT
Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for
ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are
carried forward to any subcontracts. In no event shall the existence of any subcontract operate
to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed
Control Board, to WSDA for any breach in the performance of Mason County and its agent
Mason County Noxious Weed Control Board’s duties.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of
any subsequent default or breach. Any waiver shall not be construed to be a modification of the
terms of this Agreement unless stated to be such in writing signed by an authorized
representative of the party and attached to the original Agreement.
SEVERABILITY
If any term or condition of this Agreement is held invalid, such invalidity shall not affect the
validity of the other terms or conditions of this Agreement.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
Contract Number: K6082
Page 6 of 6
CONTRACT MANAGEMENT
The Agreement administrator for each of the parties shall be responsible for and shall be the
contact person for all communications and billings regarding the performance of this Agreement.
The Agreement administrator for WSDA is:
Jonathan Still, Knotweed Coordinator
Washington State Dept. of Agriculture
Plant Protection Division
PO Box 42560
Olympia, Washington 98504-2560
(360) 280-6363
jstill@agr.wa.gov
The Agreement administrator for Mason County is: Heidi Steinbach, Coordinator
Mason County Noxious Weed Control
Board
303 N. 4th Street
Shelton, Washington 98584
(360) 427-9670 ext. 592
hsteinbach@masoncountywa.gov
All communications between the parties relating to this Agreement and any billings and
payments will be directed to those persons. Either party may change administrators by notifying
the other in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement.
STATE OF WASHINGTON MASON COUNTY
DEPT. OF AGRICULTURE
By: By:
Title: Title:
Date: Date:
Contract Number: K6082
Page 1 of 2
ATTACHMENT A
Plan of Work
Mason County
and its agent Mason County Noxious Weed Control Board
Project for Knotweed Control
July 1, 2025 to June 30, 2027
County Knotweed Control Criteria:
Mason County through its agent, Mason County Noxious Weed Control Board, will conduct
control work on knotweed infestations located within the riparian corridors of Mason County.
The control of any knotweed species not located in a riparian corridor requires written
permission from the WSDA knotweed coordinator prior to any treatments or work completed.
Treatment of these areas will utilize funding allotted by the state legislature for control of
knotweed species during the 2026-2027 state fiscal biennium. Control shall include field survey
directly associated with areas to be treated.
Minimum work specifications: workers will be hired or contracted to treat knotweed infestations
known or discovered in the area identified above. Mason County knotweed control employees
or contractors will use an integrated weed management approach, in conjunction with the best
management practice for the control of invasive knotweed species. Projects in riparian habitats
will begin at the farthest upstream infestation and continue downstream. This funding may not
be used downstream of a landowner that has not given written permission for entry and
treatment (Attachment C). Funding stops where permission stops. All control methods will
be employed consistent with the laws, rules and regulations of Washington State, Mason
County, the Noxious Emergent Plant Management Environmental Impact Statement (EIS) first
published in November 1993, and all subsequent amendments to the EIS.
Mason County, or subcontractors to Mason County, must enter into a contract with WSDA
under which Mason County, or subcontractors to Mason County, act as limited agents to carry
out noxious and quarantine weed control for WSDA under the “Aquatic Noxious Weed Control
National Pollutant Discharge Elimination System Waste Discharge General Permit” (NPDES
permit) prior to the performance of any activity pursuant to this Agreement that discharges
herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands,
along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times
allowed under provisions of the NPDES permit and must comply with conditions specified in
such permit.
The crew will work closely with the county noxious weed coordinator and the WSDA Knotweed
Control Coordinator, and be active in the field from July 1, 2025 to June 30, 2027, as allowed by
the variable growth season of knotweed and any required preparation or conclusion times.
Work will only take place on property for which the Mason County Noxious Weed Control Board
has obtained prior written permission for entry and treatment, utilizing the permission form
provided by WSDA (Attachment C) or any applicable permission form approved by WSDA, from
the landowner or tenant. Mason County Noxious Weed Control Board will also provide access
to these properties for the WSDA Knotweed Control Coordinator. Changes made to any
permission form must be approved by WSDA prior to the performance of any work on that
property undertaken under terms of this Agreement.
Contract Number: K6082
Page 2 of 2
Work Crew and Work Hours:
The knotweed control crew will work or be under contract with the county noxious weed control
board during the specified period, dedicating their time to controlling knotweed in the project
area.
The control crew will have one crew leader who will be responsible for coordinating the crew’s
work, and who will maintain ongoing contact with the county noxious weed coordinator and the
WSDA Knotweed Control Coordinator.
Equipment:
The knotweed control crew will use all available tools for control, including manual controls and
herbicide applications, to control knotweed infestations in Mason County. The control crew may
use equipment provided by other agencies, provided the county noxious weed coordinator and
the WSDA Knotweed Control Coordinator agree to the usage of the equipment and materials.
Program Needs Provided by WSDA:
WSDA may furnish the knotweed control crew with herbicide, public information fliers, public
notification signs, and other equipment as the WSDA Knotweed Control Coordinator deems
necessary. All unexpended items remain the property of WSDA.
Expenditures:
The funds provided for the county knotweed control crew will primarily go towards salaries and
benefits, travel, supplies and equipment expenses for the crewmembers. All supplies furnished
by WSDA will be used in Washington State and under the supervision of county personnel. An
inventory list will be furnished to WSDA upon request. Items such as computer programs,
models, food and beverage, or other costs not specified in this document will not be reimbursed
unless the expenditure is specifically authorized in advance in writing by WSDA.
Coordination:
The Mason County Knotweed Control Program will be coordinated with state, local and private
control efforts.
Deliverables:
The county noxious weed coordinator will submit a written report to the WSDA Agreement
administrator, documenting the work conducted in Mason County, as follows: A season ending
report is due December 1, 2025 and December 1, 2026, which will include the following: date(s)
of control activities, map of project area(s), the type of control conducted, solid acres of
knotweed treated, acres of knotweed protected, number of river miles worked, number of
landowners assisted, and photo documentation of selected sites, including before and after
treatment photos. The county noxious weed coordinator will supply WSDA with all geographic
information system data that is generated as a result of this Agreement. Final payment under
this Agreement will not be made until the season ending report is accepted by WSDA.
These deliverables are separate from and in addition to any reporting requirements associated
with limited agent status under WSDA’s Aquatic Noxious Weed Control NPDES General Permit
coverage.
Contract Number: K6082
Page 1 of 1
ATTACHMENT B
Budget
Mason County
and its agent Mason County Noxious Weed Control Board
Knotweed Control Project
July 1, 2025 to June 30, 2027
Total payment to Mason County and its agent Mason County Noxious Weed Control Board will
not exceed $25,000.00 in fiscal biennium 2027 (i.e., July 1, 2025 through June 30, 2027).
1. Salaries and benefits…………. ........................................................................ $23,000.00
2. Supplies, equipment, and travel ............................................................................ $850.00
3. Indirect (cannot exceed 5% of salaries and benefits) ......................................... $1,150.00
TOTAL: .................................................................................................... $25,000.00
Reimbursement for travel expenditures shall not exceed allowable costs as set forth in
Washington State travel regulations, contained in the Office of Financial Management State
Administrative and Accounting Manual, Chapter 10, Section 90.
Contract Number: K6082
ATTACHMENT C
Permission to Enter Private Land and Waiver of Liability
Mason County
and its agent Mason County Noxious Weed Control Board
Project for Knotweed Control
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY
THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER
OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING.
This Permission to Enter Private Land and Waiver of Liability is made between the Mason County Noxious Weed
Control Board, hereafter referred to as “the Board,” and ___________________________________, hereafter
referred to individually or collectively as “the property owner(s).”
INTRODUCTION
1. The control and eradication of noxious weeds on public and private lands is in the public interest and the
presence of invasive knotweeds (Polygonum spp.) on private lands threatens wildlife habitat and provides
a source for renewed infestation of other private and public lands. Effective eradication of knotweeds
requires concerted effort on both public and private lands to protect our natural resources.
2. The Board and its agents desire to perform activities to eradicate and/or control knotweed on public and
private lands within Mason County. These activities are authorized and carried out under one or more of
the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW.
3. The property owner(s) is/are the sole owner of property located at __________________________________
_______________ in Mason County, Washington, hereafter referred to as “the property.”
4. The property owner(s) is/are interested in and benefited by the eradication and/or control of knotweed on
the property.
5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication
and/or control of knotweed on the property.
AGREEMENT
1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to
the Board and its agents, contractors, cooperators and employees to enter onto the property from July 1,
2025, to December 31, 2029, to perform activities to eradicate and/or control knotweed on the property.
The property owner(s) acknowledge and agree that these activities may include the application of herbicide
to the property.
The property owner(s) also grant permission to agents, contractors, cooperators and employees of the
Washington State University and/or the Washington State Department of Agriculture to enter onto the
property from July 1, 2025, to December 31, 2029, for the purpose of monitoring and evaluating the success
of knotweed eradication and/or control activities.
2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are
permitted to enter the property on all of the above dates and until December 31, 2029, or until this
permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by
Contract Number: K6082
presenting a written letter of revocation to the Board. The revocation is effective five (5) business days
after receipt by the Board.
3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control
knotweed. The property owner(s) expressly agree to hold harmless the Board, the Washington Department of
Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to
waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees
of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of
activities properly performed to eradicate and/or control knotweed.
The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against
the landowner for any injury, damage, or harm which is not the consequence of the landowner’s negligence.
As to any other act or omission of either party under this agreement, each party shall be responsible for its own
acts or omissions and those of its officers, employees and agents under this agreement. No party to this
agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this
agreement.
4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire
agreement between the parties with regard to the matters set forth herein.
5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and
interpreted according to the laws of the State of Washington.
BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN
COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND
EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND
WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE.
Property Owner(s)/Legal Representative:
Property Owner(s) Mailing Address: _____________________________________________________ Street
City County Zip
Telephone Number(s): ________________________________________________________
______________
(PRINT) Name of property owner Signature of property owner Date
______________
(PRINT) Name of property owner Signature of property owner Date
______________
(PRINT) Name of property owner Signature of property owner Date
______________
(PRINT) Name of authorized representative, Signature of authorized representative, Date
Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board
Contact information for the Mason County Noxious Weed Control Board: Heidi Steinbach, (360) 427-9670 ext. 592
303 N. 4th Street
Shelton, WA 98584
IAA Between Washington State Department of Agriculture
and Mason County and Its Agent
Mason County Noxious Weed Control Board
2024 Report
Report compiled by
Mason County Noxious Weed Control Board
Heidi Steinbach, Program Coordinator
Ryan Youngquist, Noxious Weed Specialist
November 27, 2024
303 N. 4th St
Shelton, WA 98584
(360) 427-9670 extension 592
2
Report Contents
Introduction – pg. 3
WSDA knotweed accomplishments – pg. 4
Non-WSDA knotweed accomplishments – pg. 5
Difficulties – pg. 5
Conclusion – pg. 6
Future reccomendations – pg. 7
Appendix 1 Summary WSDA knotweed accomplishments – pg. 8
Appendix 2 – Summary of 2024 WSDA Knotweed Treatment Dates pg. 9
Appendix 3 Summary Non-WSDA knotweed accomplishments – pg. 10
Appendix 4 Project Maps – pg. 11
Newly documented patch of bohemian knotweed found in 2024 while surveying Mission Creek, in Belfair Washington.
3
Introduction
On August 1, 2023, the Mason County
Noxious Weed Control Board (MCNWCB)
received $20,000.00 in grant funding from
the Washington State Department of
Agriculture (WSDA) for the period July 01,
2023, to June 30, 2025, Contract Number:
K3547. This agreement provided Mason
County and its agent, MCNWCB, funding for
a project to control invasive knotweed
species within selected riparian corridors of
Mason County.
2024 Objectives included:
Introduce the new program
coordinator to landowners who have
been working with MCNWCB to
control knotweed on their
properties. These introductions are
crucial to maintaining relationships
and trust in the community.
Continue to assist landowners with
knotweed control along Finch,
Sherwood/Anderson, Coulter,
Mission and Stimson Creeks.
MCNWCB staff survey for and treats knotweed on Mission Creek.
Renew expired WSDA ‘Permission to Enter private Land and Waiver of Liability’ agreements.
Contact new landowners to establish
communication about knotweed and
obtain new ‘Permission to Enter
private Land and Waiver of Liability’
agreements
Continue efforts to obtain new
permissions to survey and treat
knotweed infestations along Mission
Creek. Obtaining permissions from
property owners along Mission Creek
is key in preventing knotweed
encroachment onto Belfair State
Park and along Hood Canal.
MCNWCB staff survey for knotweed in Finch Creek. This landowner’s
knotweed has successfully been eradicated.
4
Build communication with Hood Canal
Salmon Enhancement Group (HCSEG)
to coordinate a joint effort to survey
and control knotweed on Mission
Creek.
Build relationship with Grays Harbor
Noxious Weed Control to coordinate
knotweed surveys in East Fork Satsop
River.
Document knotweed infestations
along priority systems and track site
descriptions, population
characteristics, and landowner
information.
Bohemian knotweed growing along Mission Creek.
Identification of other noxious weed species encountered, such as butterfly bush, giant
hogweed, perennial pepper weed, spotted-jewelweed, policeman’s helmet, yellow archangel
and yellow-flag iris within the project areas.
WSDA Knotweed Accomplishments
Completed a two-month treatment
season from August 8th, 2024, to
October 9th, 2024.
Received 9 new “Permission(s) to
Enter Private Land and Waiver of
Liability.” Renewed 69 “Permission(s)
to Enter Private Land and Waiver of
Liability”.
Completed treatment on 39 parcels on
approximately 4.17 miles of river.
Surveyed a total of 10.09 river miles.
Visited multiple private properties to
provide information to residents
Small patch of knotweed along Finch creek. Treatments in Finch
Creek are working very well to reduce knotweed infestations.
about noxious weeds, weed laws, and request permission to survey for and treat knotweed.
During these site visits, staff identified other noxious weeds and provided information on
control.
This year had a heavy focus on permission renewal. We have successfully renewed 69
permissions along Finch, Sherwood/Anderson, Coulter, Mission and Stimson Creeks.
Landowners are excited to continue working with MCNWCB to control knotweed.
See Appendix 1 for summarized metric accomplishments.
5
Non-WSDA Knotweed Accomplishments
Completed knotweed treatments on 13 parcels
throughout Mason County.
See Appendix 2 for summarized
accomplishments.
Participated in Allyn Days, Master Gardener plant
sale, Shelton Farmers Market, Shelton Rock &
Mineral Show, and Oyster Fest. Events like these
provide an opportunity for staff to engage with
the local community and educate them about the
impacts of noxious riparian weeds such as
knotweed. In 2024 MCNWCB staff engaged with
over 700 members of the public at community
events.
Difficulties
Property owner contacts continue to require
considerable time and, in many cases, repeat visits or
MCNWCB staff injects large knotweed near Theler
Wetlands in Belfair, WA.
contacts are necessary to secure permissions. Every year there are changes in ownership along the
funded systems, and this can set knotweed control efforts back.
Gaining property owners’ permission along Little Mission and Mission Creek continues to be a
challenge. Due to lack of permissions on Little Mission Creek, we will be taking a break from
knotweed treatments to focus on landowner outreach in the area. This will help to build more
support and compliance with the project.
We have strong landowner support in areas of Mission Creek but lack permission to treat large
stretches of the river. Getting permission to treat the entire system has been a continued challenge.
In early 2025 we are going to have a strong emphasis on education and outreach directed towards
landowners who live along Mission Creek. This will be done through mailers, site visits and
presentations.
Through our surveys, we learned that Mission Creek has more knotweed infestations than
previously documented. We will continue treating knotweed for landowners who have signed
permission forms, survey new stretches of Mission Creek and contact landowners when new
infestations of knotweed are found on their property.
We are working with HCSEG to coordinate more thorough survey and treatment of Mission Creek.
Due to time and budget constraints, the Program did not complete all treatments in the Allyn and
North Bay. We did communicate with these landowners and renew permissions to treat knotweed
in the area. The Program will prioritize these areas in 2025 to assess knotweed stands and pursue
treatment options.
6
Conclusion
Since 2013, WSDA has provided stable,
dedicated funding, which supports MCNWCB
effort to control knotweed in Mason County.
Initial control measures took place along three
systems, North Bay/Allyn, Sherwood and
Finch Creeks. With continued funding,
MCNWCB has expanded project scope to
include additional creeks.
During the 2015-2016 biennium, treatment
efforts increased to four systems.
The Program continued work on North
Bay/Allyn, Sherwood and Finch Creek and
began survey and treatment on Coulter Creek.
During the 2017-2018 biennium the Program
doubled the number of systems to include
Stimson Creek, Little Mission Creek, Mission
Creek and Anderson Creek, a tributary of
Sherwood Creek.
From 2019-2022, the Program focused on
continuing our treatments within these
systems and increasing surveys for knotweed,
with special focus on Mission Creek.
In 2023, the Program again focused on increasing
permissions along Mission Creek, and two new
permissions allowed the Program to push
further downstream.
In 2024, the program continued to treat the Anderson/Sherwood system, Stimson, Coulter, Finch and
sections of Mission Creek. We’ve successfully renewed many permissions and acquired new permissions
along Sherwood and Mission creek which has helped to treat knotweed we couldn’t access previously. We
are going to focus on education and outreach directed towards the landowners of Mission and Little
Mission Creek to help increase awareness and support for knotweed control. This year, we completed
treatment on 39 parcels over approximately 4.17 miles of creeks in Mason County. We surveyed a total of
10.09 creek/river miles for knotweed.
MCNWCB staff treating knotweed on Sherwood/Anderson Creek.
7
Currently, 102 property owners, owning 150 parcels, are participating in this WSDA funded knotweed
control project. Knotweed was treated with non-WSDA funding for an additional 9 landowners, owning
13 parcels. Areas that have received five of more years of treatment have fewer infested acres of
knotweed and are requiring much less effort, herbicide and time. With the continued support of WSDA
knotweed grant funding, the Mason County Noxious Weed Control Board will continue to maintain and
expand its knotweed control efforts.
2025-2026 Recommendations include:
The Program will complete early season site visits 2025 to work at obtaining new permissions. This will
be focused on Finch, Coulter and Mission Creek. Given the Program’s repeated attempts to initiate
contact and receive permissions along Little Mission in the past, we will focus on an outreach campaign
to educate landowners on the impacts and recommended treatment of knotweed.
The Program will continue to collaborate with other entities involved in knotweed control in Mason
County. As all programs expand, it is imperative to communicate with one another about priority
systems and ensure a cohesive message is being sent to Mason County community members.
Additionally, this would prevent unintended overlap in treatments.
In 2024 the program worked with Grays Harbor Noxious Weed Control to survey for knotweed in the
East Fork Satsop River. We plan to collaborate further in the future.
We are currently in communication with the HCSEG to develop a cohesive approach to knotweed survey
and control in Mission Creek. Both HCSEG and MCNWCB are working in the Mission Creek area.
Communication and coordination with HCSEG are vital to implementing effective control in Mission Creek
Treatments along Stimson Creek have been incredibly successful, and very little knotweed remains.
Treating Stimson Creek after other streams have been treated will be the new approach to control as
knotweed in the area is scarce. We found a new patch of knotweed near the mouth of the creek. We will
contact the landowner in early 2025 to obtain permission to treat this knotweed.
8
Appendix 1 – Summary of 2024 WSDA Knotweed Accomplishments
WRIA &
System
14 14 & 15 15 15 16 22
Total Sherwood
-Anderson
Creek
North
Bay/
Allyn
Coulter
Creek
Mission
Creek
Stimson
Creek
Finch
Creek
East Fork
Satsop River
Acres
Permitted 61.16 13.77 91.24 2,693.75 1,857.32 88.38 3,510.48 8,316.1 permitted acres
Landowners
Permitted 23 12 11 23 11 20 2 102 landowners permitted
Landowners
Worked-on 12 1 3 4 3 10 0 33 landowners worked-on
Parcels
Permitted 26 15 14 33 15 32 15 150 permitted parcels
Parcels
Worked-on 15 1 5 4 3 11 0 39 parcels worked-on
New
Permissions 2 0 0 3 2 2 0 9 new permissions
Renewed
Permissions 11 8 11 12 3 23 1 69 renewed permissions
Solid Acres
of
Knotweed
Treated
0.282 0.011 0.042 0.022 NA 0.0226 NA 0.3796 solid acres
River Miles
Surveyed 1.8 0 0.76 2.14 1.82 1.07 2.5 10.09 river miles surveyed
River Miles
Treated 1.8 0 0.4 0.14 1.26 0.57 NA 4.17 river miles treated
9
Appendix 2 – Summary of 2024 WSDA Knotweed Treatment Dates
Date Pin NPDES? WRIA
Waterbody
Treated
WSDA
Permissions Species
9/10/2024 12219-50-***** Yes 14 Anderson Creek Yes Knotweed
9/10/2024 12219-50-***** Yes 14 Anderson Creek Yes Knotweed
9/10/2024 12219-50-***** Yes 14 Anderson Creek Yes Knotweed
9/10/2024 12219-50-***** Yes 14 Anderson Creek Yes Knotweed
10/9/2024 12219-50-***** Yes 14 Anderson Creek Yes Knotweed
9/24/2024 12209-31-***** yes 15 Coulter Creek Yes Knotweed
9/24/2024 12209-31-***** yes 15 Coulter Creek Yes Knotweed
9/24/2024 12209-24-***** yes 15 Coulter Creek Yes Knotweed
9/24/2024 12209-31-***** yes 15 Coulter Creek Yes Knotweed
9/10/2024 12220-50-***** Yes 14 Lake Anderson Yes Knotweed
9/10/2024 12220-50-***** Yes 14 Lake Anderson Yes Knotweed
10/9/2024 12229-22-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12220-33-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12229-22-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12230-00-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12230-10-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12230-11-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12229-22-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12229-51-***** Yes 14 Sherwood Creek Yes Knotweed
10/9/2024 12220-33-***** Yes 14 Sherwood Creek Yes Knotweed
9/24/2024 12209-24-***** yes 15 Coulter Creek yes Knotweed
9/18/2024 22201-52-***** Yes 15 Hood Canal Yes Knotweed
9/30/2024 22336-13-***** Yes 15 Mission Creek Yes Knotweed
9/30/2024 22336-50-***** Yes 15 Mission Creek Yes Knotweed
9/30/2024 22336-50-***** Yes 15 Mission Creek Yes Knotweed
9/27/2024 22211-51-***** Yes 15 Stimson Creek Yes Knotweed
9/27/2024 22211-51-***** Yes 15 Stimson Creek Yes Knotweed
9/27/2024 22203-44-***** Yes 15 Stimson Creek Yes Knotweed
8/8/2024 42211-50-***** Yes 16 Finch Creek Yes Knotweed
8/8/2024 42211-50-***** Yes 16 Finch Creek Yes Knotweed
8/8/2024 42211-50-***** Yes 16 Finch Creek Yes Knotweed
9/23/2024 42211-41-***** Yes 16 Finch Creek Yes Knotweed
9/23/2024 42211-41-***** Yes 16 Finch Creek Yes Knotweed
9/23/2024 42212-50-***** Yes 16 Finch Creek Yes Knotweed
9/23/2024 42211-44-***** Yes 16 Finch Creek Yes Knotweed
9/23/2024 42211-41-***** Yes 16 Finch Creek Yes Knotweed
9/24/2024 12208-00-***** yes 15 Hood Canal yes Knotweed
9/23/2024 42212-50-***** Yes 16 Finch Creek Yes Knotweed
10
Appendix 3 – Summary of 2024 non-WSDA Knotweed Accomplishments
Terrestrial Total
9
landowners worked-on
13 parcels worked on
9
new permissions
4
renewed permission
0.0916 Solid Acres of Knotweed
Treated (Acres)
Date
Pin
NPDES?
WRIA
Waterbody
Treated
WSDA
Permissions
Species
8/21/2024 12332-50-***** No NA NA No Knotweed
8/21/2024 12332-50-***** No NA NA No Knotweed
9/10/2024 12220-00-***** No NA NA No Knotweed
9/11/2024 32024-54-***** No NA NA No Knotweed
9/12/2024 12332-50-***** No NA NA No Knotweed
9/12/2024 12332-50-***** No NA NA No Knotweed
9/12/2024 22334-00-***** No NA NA No Knotweed
9/13/2024 32019-24-***** No NA NA No Knotweed
9/23/2024 42212-50-***** No NA NA No Knotweed
9/23/2024 42211-00-***** No NA NA No Knotweed
9/23/2024 42212-50-***** No NA NA No Knotweed
10/3/2024 12232-40-***** Yes 14 Case Inlet No Knotweed
10/3/2024 12232-40-***** Yes 14 Case Inlet No Knotweed
11
Appendix 4 – Project Maps
Coulter Creek permitted areas
12
Finch Creek permitted areas
13
Mission Creek permitted areas
14
Sherwood/Anderson Creek and Allyn, WA. permitted areas
15
Stimson Creek permitted areas
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No. 1
From: Dan Teuteberg Ext: 686
Department: WSU Extension Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 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: Summer 2025 report on accomplishments of Washington State University Extension Mason
County.
Background/Executive Summary: Dan Teuteberg will be joined by Falyn Taylor 4-H Coordinator.
They will share 4-H program accomplishments and upcoming events.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A
Public Outreach: N/A
Requested Action: N/A
Attachment(s): Summer 2025 Report – Washington State University Extension Mason County
Dan Teuteberg, County Director &
4-H Youth Development Specialist
dan.teuteberg@wsu.edu
360-427-9670 Ext. 686
WSU Extension Mason County
303 N 4th Street, Shelton, WA 98584
360-427-9670 Ext. 680
http://extension.wsu.edu/mason
Facebook pages:
Mason County 4-H
Mason County Noxious Weed Control
Mason County WSU Master Gardeners
WSU Small Farms Mason County
Mason County and Washington State University have a
long-standing partnership in providing educational programs
and research-based information to residents throughout the
county. This partnership ensures that resources are
committed from Federal allocations and University funds to
keep important educational programs available in Mason
County.
Washington State University Extension Mason County helps people put research-based knowledge to
work, improving their lives, communities, and the environment.
To realize this mission, faculty and staff plan, conduct and evaluate research and experience-based
educational programs to improve the lives of Mason County residents.
WSU Extension Mason County also employs the assistance of hundreds of volunteers and community
partners and provides access to the resources available at Washington State University and the National
Land Grant University Extension System.
Washington State University
Summer Report 2025
Serving Mason County for more than 100 years
PARTNERSHIPS
Other Mason County Partnerships include:
Early Learning Coalition
Shelton Timberland Library
Mason Conservation District
Mason County Health Department
Hood Canal Salmon Enhancement Group
Hood Canal Coordinating Council
School Districts—Shelton, Pioneer and Hood Canal
Saints’ Pantry Food Bank
Mason General Hospital
Washington Conservation Corps
South Sound Reading Foundation
Mason County Therapeutic Court
Community Services Offices
Blue Zones Activate Mason County
Economic Development Council of Mason County
Shelton Farmers Market
United States Forest Service
Washington State Parks
Washington State Department of Agriculture
Cooperating agencies: Washington State University, U.S. Department of Agriculture, and Washington counties. Extension programs and
employment are available to all without discrimination. Evidence of noncompliance may be reported through your local Extension office.
4-H YOUTH
DEVELOPMENT
345
youth engaged throuh
clubs & community
outreach programs
69
certified adult volunteers
12
active county-wide
4-H club programs
This summer, a group of Mason County 4-Hers traveled to Pullman to participate in
the State 4-H Teen Conference at Washington State University. This annual event
offers a unique and meaningful opportunity for teens to explore college life, meet
leading educators, and participate in a variety of hands-on learning workshops.
Beyond academics, the conference encourages leadership growth, personal
development , and peer connection across counties. For many of our youth, it's a
first glimpse into higher education and a chance to imagine their future paths—all
while forming strong bonds with fellow 4-Hers from across the state. The
experience left participants feeling empowered, inspired, and more connected to
the broader 4-H community.
Successful Summer Camp Collaboration
Mason and Grays Harbor 4-H communities partnered this year to host an
unforgettable summer camp that brought together youth from across both
counties. This camp is more than just a fun getaway—it's an invaluable opportunity
for youth to build independence, grow as leaders, and create lasting friendships.
Thanks to the tireless dedication of our volunteer-led Camp Committee and
outstanding group of 35 teen counselors, over 85 campers had a safe, fun-filled,
and enriching experience. Camp traditions, waterfront adventures, and team
challenges helped youth gain confidence, explore new skills, and connect with
nature. This collaboration continues to be a shining example of what 4-H can do
when communities work together to provide
4-H Teen Conference in Pullman
transformative experiences for our youth.
Grays Harbor County Fair Participation
Mason County 4-Hers showed up in full force at this
year ’s Grays Harbor County Fair! Youth participated
across a wide range of project areas—from Still Life
and Table Setting displays to Rabbit, Dog, and Horse
projects. The Ridge Creek Riders Horse Club continued
to grow, and our Still Life exhibits brought creativity
and talent to the forefront . Fairs are a cornerstone of
the 4-H experience, allowing youth to showcase the
results of their hard work and dedication while
engaging with the broader community. We’re
incredibly proud of how our members represented
Mason County—with enthusiasm, responsibility, and a
strong sense of pride. Several of our youth will even
be heading to the State Fair to represent our program
in dog, horse, and still life project areas. These
opportunities reinforce the importance of public
presentation, goal setting, and follow-through—skills
that will serve them for life.
Ridge Creek Riders 4-H Club
Natalie and Milo
SNAP-ED
NUTRITION
3,213
Directly engaged 3,213 youth and
adults in nutrition education classes,
cooking demonstrations, and PSE
interventions with 22 community
partners.
$56,000
Helped leverage $56,000 in WSDA
Farm to School grants to help local
schools serve fresh cooked meals
for 6,170 youth.
31
Delivered 31 educational events: 3
Farm to School taste tests, 6 cooking
workshops, 14 nutrition classes, 1
health fair, and 7 healthy eating and
food access outreach sessions.
Veterans Village Residents Whip
Up Healthy Dishes with Bounty of
Fresh Summer Vegetables
Residents at New Horizons’ Veterans
Village in Shelton gathered with SNAP-Ed
for two monthly cooking workshops in
their community kitchen. Participants
learned how to make healthy meals on a
Minted honey and lime fruit salad
and a cold mixed vegetable
couscous salad celebrate the fresh
tastes and colors of summer.
A Veterans Village resident
begins chopping vegetables for
tzatziki, a seasoned cucumber
yogurt sauce, to accompany
baked turkey meatballs.
budget that were full of summer fresh fruits, vegetables, and herbs, many
of which are tended in their on-site garden. June’s meal plan featured
turkey meatballs with tzatziki, a cold couscous vegetable salad, roasted
asparagus, and a minted honey lime fruit salad. July ’s menu included
chicken Caesar spinach wraps, tossed salad with vinaigrette, and
strawberry rhubarb oat bars. Cooking tips, ways to include more fruits
and vegetables daily, and resources on food access programs were
shared. Not only did the residents greatly enjoy the recipes and cooking
together, but many were also inspired to plan more future healthy meal
sharing, strengthening their health and community.
Making Every Bite Count During Mason County
Therapeutic Court Life Skills
Participants in Life Skills learned how to stretch food budgets and feed
their families well during Food Smarts nutrition lessons. Classes met
monthly and explored topics of planning balanced meals, shopping
strategies, using nutrition fact labels to make healthy choices, and ways
to involve children in meal and snack preparation. Attendees reported
consuming less sweetened beverages, eating more fruits and vegetables,
being more active, improved food security, and looking forward to
cooking with their children.
Life Skills participants
explored added sugars in
foods to support making
healthy choices.
Rainbow yogurt fruit pops greeted
youth at Summer Meals. And yes,
some vegetables were tucked in!
Supporting Nutrition and Food Access
SNAP-Ed tabled several outreach events
throughout the county sharing information on
food access programs, such as Farmers Market
Nutrition Program, SNAP Produce and Market
Match, SUN Bucks, and Summer Meals. Also
included were recipes, Eating Well for Less
cookbooks, gardening/cooking/shopping tips,
and recipe demonstrations with taste samples.
MASTER
GARDENERS
51
active Master Gardener
volunteers
109
inquiries answered by our
‘Ask a Master Gardener’
program
5
‘Ask a Master Gardener’
outreach events
88
Catalyst Park class & event
attendees
7
Theler Center
Transformation Talk
attendees
Catalyst Park ‘Open Garden’ Event Success
This year we decided to host the first Open Garden event at Catalyst
Park, intended to give community members an opportunity to view the
different demonstration gardens and learn from Master Gardeners,
and to give us an opportunity to recruit more volunteers and showcase
all of the hard work our program does. The community responded with
more than 35 attendees! Our hard-working volunteers showed up to
show off our county-wide programming, with tables that provided
information on the community garden, pollinator garden, food bank
garden, mason bee fostering program, Catalyst Dream Team, WSU
Raised Beds demonstration garden, North Mason projects, Ask a
Master Gardener service, and the Master Gardener Foundation of
Mason County. Attendees were provided with passports so that they
could receive a sticker at each station for talking to the volunteers;
completed passports won them a prize of a homemade lavender
sachet or seed packet!
Thriving Community Garden Workshops at Catalyst Park
Our Community Garden Workshops at Catalyst Park, originally only available
to community gardeners, have been experiencing incredible success for only
their second year open to the public! In 2024, we averaged 9 participants per
class; this year, we are just over halfway through the classes and are already
averaging 18 per class, with a record-breaking 23 participants on August 9th.
In response to the community’s interest, our workshops this year are going
to be continuing much later into the fall. Upcoming workshop topics include
seed saving, bulb lasagna , and native plant propagation. For more
information and to register, go to: 2025cgworkshops.cheddarup.com
Erin Hauge and Kathy Clyde
Sharing the Pollinator Garden
Learning about the Community Garden Attendees Learning from Mary Dessel
SMALL FARMS
55
septic system class
registrants
31
participants in Cultivating
Success: Explore Your Farm
Dreams
Two Upcoming Cultivating Success Courses
Cultivating Success™ farming courses are run by a team of statewide
WSU Agriculture and WSU Food Systems staff.
Cultivating Success™ ‘Explore Your Farm Dreams’ was offered as a three-
hour online class on August 18th from 6pm-9pm. With recently updated
exercises and resources, this course gave participants the necessary
tools and concepts to evaluate their resources and decide if farming
(and what kind of farm) might be the best fit.
Cultivating Success™ ‘Whole Farm Planning’ will follow. This online
course walks participants through the step-by-step process of creating a
well thought out plan for their land, life, and farm business. Half of the
course topics are offered via online classes with WSU faculty and farmer
speakers, and the remaining half are taught through one-day in-person
intensives at farm sites throughout the state. The Small Farms Program
Coordinator in Mason County will be working with one of our local farm
sites to provide an intensive for course attendees in the Southwest
Washington region.
Go to cultivatingsuccesswa.org for more information.
Students sampling soil with Tessa
at Skokomish Valley Farms
Successful Septic System Education
The Small Farms Program and Mason County Environmental Health
are hosting two more septic education workshops in 2025 in
addition to the workshop hosted earlier this year in Shelton. One
will be at the North Mason Timberland Library on August 14th,
which reached capacity at 40 registrants; another will be held on
October 23rd at the Hoodsport Timberland Library, which currently
still has room. Topics covered include different types of septic
systems, how they function, basic maintenance, best landscaping
practices, local resources, and financial assistance. For more
information, go to: extension.wsu.edu/mason/agriculture/classes
CS In-Person Intensive Attendees - Last Year
NOXIOUS WEED
CONTROL
300 +
acres surveyed for weeds
140 +
noxious weed treatments
completed
15
different species of noxious
weeds controlled
300 +
citizen connections through
community events
This summer Mason County Noxious Weed Control Board
(MCNWCB) has been focused on weed control at County-owned
properties, Washington State Parks, and in the Olympic National
Forest. We’ve also been providing technical assistance with
noxious weed identification and control advice to private
landowners and public land managers.
Our largest project this summer is survey and control of invasive
weeds in the Olympic National Forest. So far this year we’ve
surveyed 185.6 acres and controlled weeds on 140.32 acres.
MCNWCB received Washington State Department of Agriculture
(WSDA) funding to control shiny geranium, lesser celandine and
perennial pepperweed. This year, we treated over 14 acres for
these species. We were also instrumental in forming a shiny
geranium communication plan with Washington State
Department of Transportation, Pierce and Kitsap County.
WSDA awarded MCNWCB funding to continue knotweed control
on Finch Creek, Stimson Creek , Mission Creek , Sherwood Creek,
Coulter Creek and Case Inlet. We are currently working on
landowner outreach to gain permission to treat knotweed sites.
MCNWCB assists Washington State Parks with noxious weed
control. This summer we’ve controlled meadow knapweed and
scotch broom at Lake Isabella State Park and follow-up control of
perennial pepperweed and perennial sow thistle at Belfair State
Park.
This summer, we’ve attended Allyn Days and the Grays Harbor
County Fair. Later this year we’ll be at Oysterfest and will co-host
an Early Detection and Rapid Response (EDRR) training with
Kitsap County Noxious Weed Control Program and the Pacific
Northwest Invasive Plant Council . Pesticide Applicator License
credits will be available to participants of EDRR training.
Perennial sowthistle is a noxious
weed found at Belfair State Park and
other sites on Hood Canal.
MCNWCB Program Coordinator giving out
free native plant seeds at Allyn Days!MCNWCN staff control herb Robert
and wild basil savory in the Olympic
National Forest.
OUR TEAM
Mason & Grays Harbor County Director & Youth Development Specialist
Dan Teuteberg - dan.teuteberg@wsu.edu
Office Manager & Food Safety & Food Preservation Assistant
Lisa DeWall - LisaD@masoncountywa.gov
4-H Coordinator
Falyn Taylor - falyn.taylor@wsu.edu
SNAP-Ed Coordinator
Pamela Bish - Pllyons@wsu.edu
Master Gardener/Small Farms Coordinator
Tessa Halloran - Tessa.halloran@wsu.edu
Mason County Noxious Weed Control Board Coordinator
Heidi Steinbach - HSteinbach@masoncountywa.gov
Mason County Noxious Weed Control Specialist
Ryan Youngquist - RYoungquist@masoncountywa.gov
https://extension.wsu.edu/mason/
Our work is only made possible by the time
and energy of many great volunteers who
are central to our success!
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Sheriff Spurling/US Dracobly/Other Ext: 313
Department: Sheriff's Office Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 9/8/25 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:
General discussion with the Sheriff and Staff
Background/Executive Summary:
This briefing provides an opportunity for the Sheriff’s Office and the Board of County Commissioners to
share information and stay connected on the work being done for the citizens of Mason County. While the
Sheriff’s Office and the Board are independent elected bodies, we value regular communication to ensure
that our efforts complement one another. These updates are intended to keep the Board informed of
routine activities and ongoing priorities, supporting our shared commitment to public safety and
community service.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
N/A
Attachment(s):
N/A
Action Items:
➢ Water Leak Credit Approval
➢ Approval to procure replacement pump – Beards Cove Water System
➢ Change Order No. 1 for the Belfair Water Reclamation Facility Restoration Project.
➢ Updating the Public Works Fee Schedule to include Development Reviews and Belfair SEPA
Mitigation fees.
➢ Private Line Occupancy Permit granting permission for underground power and a waterline to run
under and across NE North Shore Road for address 9241 NE North Shore Road, Parcel 22218-34-
00060.
Discussion Items:
➢ Updated Belfair ERU billing – notify commercial customers of new bill based on update ERUs
effective January 1, 2026
➢ Request for Sewer Service – Example
➢ Request to advertise CS&W Operator II and III (only one position may be filled)
Commissioner Follow-Up Items:
Upcoming Items:
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
September 8, 2025
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickinson, Deputy Director U&W
Management and Stephanie Buhrman, Finance
Manager
Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 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:
Water Leak Credit Requests – Approval Required per Mason County Code 13.34
Background/Executive Summary:
Pursuant to Mason County Code 13.34 – Water Leak Credit Policy, customers experiencing
significant, documented water leaks may request a credit for the excess water usage. Credits
exceeding 10,000 cubic feet (CF) require review and approval by the Board of County
Commissioners.
Public Works has received the following water leak adjustment requests for customers in the
Beards Cove Water System, both of which meet the criteria for Board review and consideration:
1. Customer #308072 -Beards Cove Water Customer Report
• Average Use: 300 CF/month
• Leak Incident Summary: During the implementation of the water meter tier system,
Customer was notified multiple times via certified letters and phone calls about
potential significant water leaks due to unusually high usage.
• Jan 2025: Usage spiked to 14,900 CF ($616.07); cause was a leaking toilet.
• Feb 2025: Usage dropped to 7,600 CF ($324.07) after repairs.
• March 2025 onward: Usage stabilized at 300 CF.
• Repairs: Parts purchased, and toilet repaired by a family member.
• Requested Credit: 21,900 CF for Jan–Feb 2025 totaling $851.50, plus any late fees.
2. Customer #306041 - Beards Cove Water Customer Report
• Average Use: 600 CF/month
• Leak Summary: In May 2025, Customer #306041 was notified via certified mail and
phone calls about a potential significant water leak due to unusually high usage.
• May 2025: Usage rose to 13,500 CF ($560.07).
• June 2025: Usage increased to 17,200 CF ($708.07).
• Repairs: Toilet leak and shut-off valve repaired by Robison Plumbing; cost nearly
$1,000.
• Requested Credit: 29,500 CF for May–June 2025 totaling $1,169.50, plus any late
fees.
Associated Costs/Budget Impact:
The total requested credit of $2,021 (plus any applicable late fees) will be deducted from the
water tier revenue. No budget amendment is required.
Public Outreach:
Utilities and Waste Administrative staff notifies customers via certified letters and/or phone calls
about potential significant water leaks due to unusually high usage of 2500 CF or greater. Customers
are made aware only one credit every three years per property is allowed, with exceptions for
extraordinary circumstances subject to staff recommendation and Board approval.
Requested Action:
Request approval from the Board of County Commissioners to issue water leak credits for customer
#308072 in the amount of $851.50 and customer #306041 in the amount of $1,169.50, plus
applicable late fees, based on verification that the leaks have been repaired.
Attachment(s):
1. Water Leak Adjustment Requests
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickinson, Deputy Director/U&W Ext: 652
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 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:
Reserve Funding for Beards Cove Pump #5 Replacement Project
Background/Executive Summary:
The #5 pump in the Beards Cove Water System is showing signs of reduced efficiency and
reliability. This pump is critical for maintaining water pressure and reliable service throughout the
system. To avoid potential failure or emergency repairs, staff recommend moving forward with a
planned replacement. This project involves the full replacement of the #5 pump and includes the
removal and disposal of the existing pump and purchase and installation of a new pump.
Associated Costs/Budget Impact:
The estimated cost for this project is $55,000. The Beard’s Cove operating budget should be
sufficient to cover this expenditure. If it is not, there is sufficient capacity within the fund balance
pending Board approval.
Public Outreach:
In accordance with RCW 39.04.155, this project qualifies as a Public Works Project with an
estimated cost of $55,000 and will be procured using the Small Works Roster process.
Under this process:
• Bids will be solicited from contractors listed on the County’s Small Works Roster
• Prevailing wage, bonding, and insurance requirements will be enforced
• The County will select the lowest responsible bidder in compliance with public works
procurement laws
Requested Action:
Request the Board authorize Public Works to use the Small Works Roster to solicit an invitation to
vendors for the Beards Cove pump #5 replacement project, enter into contract with the lowest
responsible bidder.
Attachments:
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickinson, Deputy Director/U&W Ext: 652
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 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:
Change Order No. 1 - Belfair Water Reclamation Facility Restoration Project
Background/Executive Summary:
On June 24, 2025, the Board of County Commissioners approved a contract with First Onsite, based in
Kent, WA, in the amount of $143,941.27 for the Belfair Water Reclamation Facility Restoration Project.
Since the commencement of the project, additional unforeseen conditions have been identified.
Specifically, hidden water damage was discovered within the existing cabinetry, and the lower cabinets
require full replacement due to prior removal by the water restoration company. Furthermore, additional
ceiling installation has been deemed necessary to complete the restoration work to standard.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
Original Contract: $143,941.27
Change Order No. 1: $52,641.16
New Project Total: $196,582.43
There are no budget impacts. The County will be reimbursed through property insurance, and any costs
not covered by insurance will be eligible for FEMA Public Assistance reimbursement.
Public Outreach:
N/A
Requested Action:
Request the Board authorize Public Works to execute Change Order No. 1 with First Onsite in the amount
of $52,641.16 for the Belfair Water Reclamation Facility Restoration project.
Attachments:
1. Change Order No. 1
MASON COUNTY PUBLIC WORKS UTILITIES & WASTE– CHANGE ORDER – Minor Change
CONTRACT # DR4775-WA CONTRACT
TITLE Restoration of Laboratory, Lunchroom and Office Area
Water Reclamation Facility
CHANGE ORDER # 1 CHANGE DESCRIPTION Insulation &
Cabinets DATE 9/16/2025
PROJECT MANAGER Richard Dickinson PHONE 360-427-9670 EXT 652
PRIME CONTRACTOR First Onsite ~ Angela Womach PHONE 206-618-6947
ADDRESS 21522 84th Ave South
Kent, WA 98032
CITY STATE ZIP
Brief Description of Problem / Reason for Entitlement:
Additional unforeseen damage was discovered, including hidden water damage to lower cabinetry
and the need for attic insulation to complete restoration. Lower cabinets require replacement due to
prior removal by the water restoration company.
Change Order Value $ 52,641.16
All work, materials and measurements to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of
construction involved unless stated otherwise in this document.
Original Contract Amount - $ 143,941.27
Current Contract Amount - $ 143,941.27
Estimated Net Change Order - $ 52,641.16
Estimated Contract Total After Change Order - $ 196,582.43
Amt. & % of all Change Orders for this Contract - $ 52,641.16 ~ 36.57%
Prime Contractor Signature or
Method of Concurrence: Date
Project Manager Signature: Date
Public Works Director: Date
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mike Collins, PLS, PE, County Engineer Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 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:
Addition of Development Review to the Public Works Fee Schedule
Background/Executive Summary:
As part of the Department of Public Works’ continued efforts to provide thorough, cost-recoverable
services, staff recommend adding Development Review and Belfair Traffic Mitigation Fees to the
existing Public Works Fee Schedule.
These fees would cover staff time and administrative costs associated with reviewing development-
related proposals, including but not limited to:
• Pre-Approval Review
• Construction permits
• Stormwater and drainage compliance
• Access and traffic impacts
• Field reviews related to public infrastructure or site improvements
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
These fees will be applicant-funded as a fee for service, based on the rates established in the Public
Works Fee Schedule (see Exhibit A). Revenue generated will offset staff time, administrative
processing, and other related costs incurred during development review.
Public Outreach:
N/A
Requested Action:
Request Board authorize an amendment to Resolution 2024-029 to establish Development Review
and Belfair Traffic Mitigation Fees within the Public Works Fee Schedule.
Attachment(s):
1. Resolution 2024-029
2. Updated Resolution
3. Fee Schedule
RESOLUTION NO. 2Cat -099
A RESOLUTION ESTABLISHING FEES FOR PUBLIC WORKS PERMITS, GIS SERVICES AND
FRANCHISE AGREEMENTS
WHEREAS, the County Engineer has updated the Mason County Road Standards that
includes three (3) new right of way permits to use unimproved, unmaintained, and unopened rights of
way, requiring Public Works to review current fee schedule; and
WHEREAS, current fees are adopted within the Mason County Municipal Code which makes
them cumbersome to find and update as needed without holding a public hearing to update the code;
and
WHEREAS, the Public Works Department wishes to be able to be transparent in the fees by
including them into one document that is only reference in the code, that can be easily reviewed and
updated as needed; and
WHEREAS, department staff has reviewed the fees included; and
WHEREAS, this Fee Resolution will be reviewed annually and updated when necessary.
NOW THEREFORE, BE IT RESOLVED that the Mason County Board of Commissioners does
hereby adopt the Department of Public Works Fee Schedule, attached as Exhibit A.
DATED this day of 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
1
MASON COUNTY, WASHINGTON
McKenzie S h, CteA of the Board
R dy Neat-NeNn, Chair
APPROVED AS TO FORM:
Kevin Shutty, Vic Chair
Tim Whitehead, Chief DPA
Sharon Trask, Commissioner
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. 3Dz-jA-Q9q
UTILITY PERMIT FEES AND REQUIREMENTS
CABLE FRANCHISE FEES
Utility Franchise 400
Cable Franchise 5,000
Master Road Use Permit 400
Private Line Utility Occupancy Permit 200
Utility Permit—Category 5 Right of Way Use 125
Utility Permit Extension 35
Franchise/MRUP Renewal 300
Franchise/MRUP Amendment 250
Amend Private Line Permit 100
Transfer Franchise/MRUP 100
Transfer Private Line Permit 100
In addition,an inspection fee of$0.25/foot will be assessed.
One month,with no change in scope of work.
Minimum performance bond for any Utility Permit or Private Line Utility Occupancy Permit is$500.
Minimum performance bond for Utility Franchise and Master Road Use Permit is$25,000.
All Utility Franchise Agreements, Master Road Use Permits, Private Line Occupancy Permits and Utility
Permits require indemnification for the County. This will be evidenced by an insurance certificate showing
minimum of$2,000,000 general liability coverage and naming Mason County as an additional insured party
der the policy.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. ;)QQ Oaf
RIGHT OF WAY PERMITS
Permit Fees Price Each
Category 1 —Unopened Rights of Way
Category 2—Unopened Right of Way 300
Category 3 — Trail Permit 50
Category 4—Road Approach/Encroachment Permit 200.00
Category 5—Utility Permits 125.00
Lineal Ft. Work 0.25/per ft.
Permit Extension 35.00
Category 6—Overweight Moving Permits 10.00
Monthly Over Dimensional Moving Permit 10.00
Yearly Over Dimensional Moving Permit 30.00
Category 7—Road Use Permit(excludes special use permits) 100
Road Closure Postings 100
Road Closure Publication 200
The amount of the maintenance bond or surety shall be ten percent(10%)of the estimated
construction cost of the improvements requiring maintenance, or five thousand dollars
5,000.00)whichever is greater. The construction cost of the facilities requiring maintenance
shall be estimated by a professional engineer and is subject to approval of the County Engineer.
For permits requiring a road closure to be published in the newspaper per RCW. The applicant may
be required to pay the publication cost before the permit can be issued.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. DD U39
GIS MAP PRICES
Custom and Existing Map Orders
Mason County GIS Staff can provide custom mapping services for your mapping needs.
The billing rate is $72.50/hr., with a minimum 1/2-hour charge ($36.25).
The Mason County GIS Department sells prints of all existing maps based on size. See chart
below for print sized and prices. The GIS staff typically provides the recommended printing
size during the ordering process. The GIS Department will not be responsible for any
dissatisfaction, misuse or misinterpretation of a map if the customer requests the map printed
at a non-recommended size.
Digital copies (PDF) of existing maps can be made available on CD for either pick-up at the
GIS office or they can be mailed to the customer. Those requesting digital copies of a map(s)
through the mail will be charged a 1/2-hour labor, plus shipping, materials and any applicable
sales tax. Many existing maps are available for free download from the "Maps Online"
section of the County website.
To get the lower price for the additional copies, the order must be for the same map, at the
same size and printed at the same time.
s
RRIFIFI rCE
T 1711, PRICE for Aciciitiana)€
11 x 17" --or smaller 1.00 0.25
17" x 22" 16.50 1.50
18" x 24" 16.75 1.50
22" x 24" 17.00 2.00
22" x 34" 17.50 2.50
24" x 36" 17.75 3.00
28" x 40" 18.00 4.00
36" x 36" 18.25 4.50
34" x 44" 18.50 5.00
36" x 48" 20.00 6.50
41" x 50" 1 $25.00 1 8.00
Lamination of I" x 17" or smaller is $0.50 per map
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. a%+-C99
Pricing for Available-Maps
Map Name Sze:. I rce Eac'
Addressing Districts 36" x 36" 18.25
Allyn Urban Growth Area Zoning 17" x 22" 16.50
Belfair Urban Growth Area Zoning 17" x 22" 16.50
Belfair Water District 22" x 34" 17.50
Belfair Sewer Connection Zones 34" x 44" 18.50
County Commissioner Districts 36" x 36" 18.25
Development Areas(County Zoning) Map Panels 41" x 50" 25.00
Election Precincts - County 36" x 36" 18.25
Election Precincts in the loth Congressional Districts 36" x 36" 18.25
Fire Districts 36" x 36" 18.25
Future Land Use 26" x 36" 17.75
Oakland Bay Clean Water District 34" x 44" 18.50
County Parks 34" x 44" 18.50
Port Districts 36" x 36" 18.25
Public Utility(PUD) Districts 36" x 36" 18.25
Assessor Revaluation Areas 36" x 36" 18.25
Road Atlas - small 12" x 7.75" 26.59
Road Atlas - large I x 17" 30.26
Road Map 41" x 50" 25.00
School Districts 36" x 36" 18.25
Shoreline Environment Designations 36" x 36" 18.25
Storm and Surface Water Utility (5 maps) 17" x 22" 16.50
Urban Growth Areas 36" x 48" 20.00
USGS Quad Index Grid 36" x 36" 18.25
Zip Code Areas 36" x 36" 18.25
The GIS Department strongly recommends printing existing maps on the size of paper they were originally designed for.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. _____
UTILITY PERMIT FEES AND REQUIREMENTS
&
CABLE FRANCHISE FEES
Permit and Franchise Fees Price Each
Utility Franchise $400.00
Cable Franchise $400.00
Master Road Use Permit $400.00
Private Line Utility Occupancy Permit $200.00
*Utility Permit – Category 5 Right of Way Use $125.00
**Utility Permit Extension $ 35.00
Franchise/ MRUP Renewal $300.00
Franchise/MRUP Amendment $250.00
Amend Private Line Permit $100.00
Transfer Franchise/MRUP $100.00
Transfer Private Line Permit $100.00
*In addition, an inspection fee of $0.25/ foot will be assessed.
**One month, with no change in scope of work.
Additional Requirements
A Minimum performance bond for any Utility Permit or Private Line Utility Occupancy Permit
is $500.
Minimum performance bond for Utility Franchise and Master Road Use Permit is $25,000.
All Utility Franchise Agreements, Master Road Use Permits, Private Line Occupancy Permits
and Utility Permits require indemnification for the County. This will be evidenced by an
insurance certificate showing a minimum of $2,000,000 general liability coverage and
naming Mason County as an additional insured party under the policy.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. _____
RIGHT OF WAY PERMITS
Permit Fees Price Each
Category 1 – Unopened Rights of Way
$300.00
Category 2 –Unopened Right of Way
$300.00
Category 3 – Trail Permit
$ 50.00
Category 4 – Road Approach/Encroachment Permit $200.00
Category 5 – Utility Permits
$125.00
Lineal Ft. Work $ 0.25/per ft.
Permit Extension
$ 35.00
Category 6 – Overweight Moving Permits $ 10.00
Monthly Over Dimensional Moving Permit $ 10.00
Yearly Over Dimensional Moving Permit $ 30.00
Category 7 – Road Use Permit (excludes special use permits)
$100.00
Road Closure Postings
$100.00
* Road Closure Publication $200.00
Additional Requirements
The amount of the maintenance bond or surety shall be ten percent (10%) of the estimated
construction cost of the improvements requiring maintenance, or five thousand dollars
($5,000.00) whichever is greater. The construction cost of the facilities requiring maintenance
shall be estimated by a professional engineer and is subject to approval of the County Engineer.
*For permits requiring a road closure to be published in the newspaper per RCW. The applicant may
be required to pay the publication cost before the permit can be issued.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. _____
GIS MAP PRICES
Custom and Existing Map Orders
Mason County GIS Staff can provide custom mapping services for your mapping needs.
The billing rate is $72.50/hr, with a minimum 1/2-hour charge ($36.25).
The Mason County GIS Department sells prints of all existing maps based on size. See chart
below for print sized and prices. The GIS staff typically provides the recommended printing
size during the ordering process. The GIS Department will not be responsible for any
dissatisfaction, misuse or misinterpretation of a map if the customer requests the map printed
at a non-recommended size.
Digital copies (PDF) of existing maps can be made available on CD for either pick-up at the
GIS office or they can be mailed to the customer. Those requesting digital copies of a map(s)
through the mail will be charged a 1/2-hour labor, plus shipping, materials and any applicable
sales tax. Many existing maps are available for free download from the "Maps Online"
section of the County website.
To get the lower price for the additional copies, the order must be for the same map, at the
same size and printed at the same time.
MAP SIZE
PRICE
(1st copy)
PRICE
for Additional
Copies
11 x 17" --or smaller $1.00 $0.25
17" x 22" $16.50 $1.50
18" x 24" $16.75 $1.50
22" x 24" $17.00 $2.00
22" x 34" $17.50 $2.50
24" x 36" $17.75 $3.00
28" x 40" $18.00 $4.00
36" x 36" $18.25 $4.50
34" x 44" $18.50 $5.00
36" x 48" $20.00 $6.50
41" x 50" $25.00 $8.00
Lamination of 11" x 17" or smaller is $0.50 per map
Pricing for Available Maps
Map Name Size Price Each
Addressing Districts 36" x 36" $18.25
Allyn Urban Growth Area Zoning 17" x 22" $16.50
Belfair Urban Growth Area Zoning 17" x 22" $16.50
Belfair Water District 22" x 34" $17.50
Belfair Sewer Connection Zones 34" x 44" $18.50
County Commissioner Districts 36" x 36" $18.25
Development Areas (County Zoning) Map Panels 41" x 50" $25.00
Election Precincts - County 36" x 36" $18.25
Election Precincts in the 10th Congressional Districts 36" x 36" $18.25
Fire Districts 36" x 36" $18.25
Future Land Use 26" x 36" $17.75
Oakland Bay Clean Water District 34" x 44" $18.50
County Parks 34" x 44" $18.50
Port Districts 36" x 36" $18.25
Public Utility (PUD) Districts 36" x 36" $18.25
Assessor Revaluation Areas 36" x 36" $18.25
Road Atlas - small 12" x 7.75" $26.59
Road Atlas - large 11" x 17" $30.26
Road Map 41" x 50" $25.00
School Districts 36" x 36" $18.25
Shoreline Environment Designations 36" x 36" $18.25
Storm and Surface Water Utility (5 maps) 17" x 22" $16.50
Urban Growth Areas 36" x 48" $20.00
USGS Quad Index Grid 36" x 36" $18.25
Zip Code Areas 36" x 36" $18.25
The GIS Department strongly recommends printing existing maps on the size of paper they were originally designed for.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO. _____
Development Reviews
These fees cover the review and evaluation of development-related submittals by the Public Works Department.
It includes analysis of site plans, infrastructure designs, grading and drainage compliance, stormwater
management, access and traffic impacts, and field inspections. The reviews ensures that proposed developments
comply with applicable County standards and regulations, support public safety, and protect public
infrastructure. Staff time spent on technical reviews, coordination with other departments, and processing of
related permits and approvals is recovered through these fees.
Development Review Fee
Price Each
BUILDING PERMITS:
Commercial Building Permit
$100.00
Residential Building Permit
$100.00
Grading Permits $100.00
PLANNING PERMITS:
Boundary Line Adjustments $100.00
Short Subdivisions $100.00
Large Lot Subdivisions $200.00
Plat Subdivisions $200.00
Preapplication Conference $100.00
Large Projects- Hourly Fee $100.00/hrly
Belfair SEPA Mitigation Fee
Per Trip
Belfair Traffic Mitigation Based on 5% Annual Increase Total Fee
$1,215.51
2026 $1,276.28
2027 $1.340.09
2028 $1,407.09
2029 $1,477.44
2030 $1,551.31
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mike Collins, P.E., Deputy Director /
County Engineer Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 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:
Private Line Occupancy Permit
Background/Executive Summary:
Marianne Costacos has applied for a Private Line Occupancy Permit for underground power and
waterline underneath North Shore Road. These lines are to serve a well across the street from her
property, located at 9241 NE North Shore Road (parcel number 22218-34-00060).
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
No budget impacts. An application fee of $200 has been paid to process the proposed Private Line
Occupancy Permit.
Public Outreach:
N/A
Requested Action:
Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility
lines under and across North Shore Road for address 9241 NE North Shore Road, parcel number 22218-
34-00060.
Attachments:
1. PLO
2. Vicinity Map
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IN THE MATTER OF THE APPLICATION OF Marianne Costacos
FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE,
AND MAINTAIN Waterline and Electrical line ALONG AND UNDER North Shore
Road A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,
WASHINGTON
Application of Marianne Costacos with principal residence located at 9241 NE North Shore
Road, Belfair, WA 98528, by and through Kenneth S. James, for a private line utility
occupancy permit to construct, operate and maintain a private waterline under county roads and
highways in Mason County, Washington, as set forth in attached Exhibit “A”, having come
before the County Commissioners of Mason County, Washington during a regularly scheduled
public meeting, on the ____day of , 20 , and that it is in the public interest
to allow the private line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the “Permittee”, for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the
County Engineer (the “Manual”), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated, re-enacted or re-codified from time to time.
II. GRANT
The County of Mason (hereafter the “County”) hereby grants to the Permittee a non-exclusive
private line utility occupancy permit (hereinafter “Permit”) which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the
following described purpose(s): Provide water distribution from, and power to, a well
serving tax parcel: 22218-34-00060.
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Such grant is subject to and must be exercised in strict accordance with and subject to this
Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. Permittee’s exercise of any rights granted pursuant to the Permit
is subject to the exercise of the County’s police powers, and other regulatory powers as it may
have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit
does not include permission to enter into or upon the road rights-of-way for any purposes others
than the purposes expressly described herein. Permittee has a duty to notify the County of any
change in use or condition of the utility facilities that may affect the status of the utility facilities
as (a) private line(s) or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-
way (hereafter collectively or individually the “Work”), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the
protection, preservation and management of the road rights-of-way, including, by way of
example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration
of such road rights-of-way and structures, and for the protection of the County and the public
and the continuity of pedestrian and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale, hereinafter collectively
referred to as the “map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly
those located underground or attached to bridges or other structures within the road right -of-
way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property, the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before
the Work was commenced, to the reasonable satisfaction of the County Engineer. The
Permittee shall pay all costs of and expenses incurred in the examination, inspection and
approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done
any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the Permittee or its agents in a condition
dangerous to life or property, and the Permittee, upon demand, shall pay to the County all costs
of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that, with regard to Work within the road rights-of-
way:
A. All of Permittee’s utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws, rules, regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
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exhibit depicting the existing or proposed location of the utility facility in relation to the road,
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including
the proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance
of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and
structures, located therein, nor with the grading or improvements of such County roads, rights-
of-way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others, including others that
may be installing utility facilities; and
F. The County may require that Permittee’s utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road
or road right-of-way; may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County, or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all
the costs associated with removal; and may require Permittee to cooperate with others to
minimize adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure
that the private line utility facilities are constructed and maintained in a safe condition. If an
unsafe condition is found to exist, the County, in addition to taking any other action permitted
under applicable law, may order the Permittee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition on a time-table established
by the County which is reasonable in light of the unsafe condition. The County has the right to
correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and
to charge the Permittee therefor. The right of the County to conduct such inspections and order
or make repairs shall not be construed to create an obligation therefore, and such obligation to
construct and maintain its utility facilities in a safe condition shall at all times remain the sole
obligation of the Permittee.
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H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the
work being performed; (2) where it is being performed; (3) its estimated completion date; and
(4) progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES
AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any
underground work, Permittee will contact the appropriate personnel to have such facilities
located and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the road and road rights-of-way. In addition to the liability
terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its
elected and appointed officers, employees and agents harmless against and from all cost,
liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs
and expenses) arising out of or in any way contributed to by any act or omission of Permittee,
its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any
damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or
employees, on the County’s property, (2) any injury to or death of any person employed by or
on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-
way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of
service, by a customer or user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may
not enter upon the permit area to perform work for which a utility permit is required, unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases, notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right -of-
way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction, maintenance, repair, or operation of Permittee’s utility facilities in the road rights-
of-way.
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N. If, during any Work, Permittee or its agents discover scientific or historic artifacts,
Permittee or its agents shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County. Any such artifact shall be the property
of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work, including without limitation, the opening of trenches and the
tunneling under county roads, right-of way or other county property, the Permittee shall leave
such trenches, ditches and tunnels in such a way as to interfere as little as possible with public
travel and shall take all due and necessary precautions to guard the same, so that damage or
injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches
and tunnels are left open at night, the Permittee shall place warning lights, barricades and other
appropriate protective devices at such a position as to give adequate warning of such Work.
The Permittee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect, or through any failure or neglect to properly guard or
give warning of any trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County, in granting this Permit, does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights-of-way or other county property and this Permit
shall not be construed to deprive the county of any powers, rights or privileges which it now
has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way
and other county property covered by this Permit. The County retains the right to administer
and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve
a particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall, by a time specified by the County, protect, support, temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by
reason of traffic conditions; public safety; road right-of-way construction; road right-of-way
repair (including resurfacing or widening); change of road right-of-way grade; construction,
installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines,
tracks, communications system, other public work, public facility, or improvement of any
government-owned utility; road right-of-way vacation; or for any other purpose where the
County work involved would be aided by the removal or relocation of the utility facilities.
Collectively, such matters are referred to below as the "public work."
Permittee acknowledges and understands that any delay by Permittee in performing the above-
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described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage
to the County, including but not limited to, delay claims. Permittee shall cooperate with the
County and its contractors and subcontractors to coordinate such Permittee work to
accommodate the Public Work project and project schedules to avoid delay, hindrance of, or
interference with the Public Work. The County shall make available to the Permittee a copy of
the Six Year Transportation Program and the County’s annual construction program after
adoption each year. It is anticipated these programs will aid the Permittee in planning
construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the
County within the road rights-of-way. The rights granted to the Permittee herein do not
preclude the County, its employees, contractors, subcontractors, and agents from blasting,
grading, excavating, or doing other necessary road work contiguous to Permittee’s utility
facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours
notice of said blasting or other work in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing
to an imminent danger to health, safety, or property, the County may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior
notice, and charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests
the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee’s
utility facilities to accommodate the construction, operation, or repair of the facilities of such
other person, the Permittee shall, after 30 days' advance written notice, take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee’s service, or if the effect of such changes would be to permanently deprive Permittee
of the beneficial enjoyment of this Permit for its intended purposes through interference with
the operation of Permittee’s utility facilities or otherwise, Permittee shall not be required to
relocate its utility facilities. Unless the matter is governed by a valid contract or a state or
federal law or regulation, or unless the Permittee’s utility facilities were not properly installed,
the reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection, removal, or relocation at no charge to the County, even if the County
makes the request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings
or other objects. The expense of such temporary removal or raising or lowering of wires shall
be paid by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Permittee that
are the result of the negligence of Mason County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
8
enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited
to physical damage to properly installed and located infrastructure of the Permittee and the cost
to repair such physical damage. Mason County retains the right to assert all applicable defenses
in the event of a dispute including contributory negligence on the part of the Permittee. Mason
County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee’s Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by
the County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of
the Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may, at its option, and by giving thirty (30) days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property
so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee
by reason of such termination. It has been the practice of Mason County to reserve easements
for utilities at the time of road vacation, and will continue to be the practice until such time the
Board of Mason County Commissioners direct a change of practice.
XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee’s contractors
shall not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
9
Permittee’s contractor performs any of the Work in the road right-of-way) provide certificates
of insurance evidencing that Permittee or Permittee’s contractors are in compliance with the
following requirements, including, maintaining insurance in at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,
bodily injury, and property damage. The Commercial General Liability insurance shall be
written on an occurrence basis, with an aggregate limit location endorsement for the Permit
Area, and shall provide coverage for any and all costs, including defense costs, and losses and
damages resulting from personal injury, bodily injury and death, property damage, products
liability and completed operations arising out of the Work. Coverage must be written with the
following limits of liability:
Bodily and Personal Injury & Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained by Permittee’s
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned,
hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and
approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit ,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County’s Risk Manager. All coverage shall be listed on one certificate with
the same expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not
be canceled until at least 30 days' prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate
or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least
30
days prior to the expiration of the date of such insurance, a renewed certificate of insurance as
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proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing
as respects any coverage maintained by the County and shall include an endorsement reflecting
the same. Any other coverage maintained by County shall be excess of this coverage herein
defined as primary and shall not contribute with it. The certificate of insurance must reflect
that the above wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of “A” and a class of “X” or better in the latest
edition of “Best’s Key Rating Guide” published by A.M. Best Company, or such other financial
rating or rating guide approved in writing by the County’s risk manager. In the event that at
any time during coverage, the insurer does not meet the foregoing standards, Permittee shall
give or shall cause its contractors to give prompt notice to the County and shall seek coverage
from an insurer that meets the foregoing standards. The County reserves the right to change
the rating or the rating guide depending upon the changed risks or availability of other suitable
and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property,
or on, over, or under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation, pursuant to an endorsement approved of by
the County’s Risk Manager or designee.
Permittee or Permittee’s Contractors’ insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
11
hold harmless the county and the county’s legal representatives, officers (elected or appointed),
employees and agents (collectively, “indemnitees”) for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, court costs, attorneys’ fees, and costs
of investigation, removal and remediation and governmental oversight costs), environmental or
otherwise (collectively “liabilities”) of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of, resulting from, or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee’s occupation and use of the road right of way;
4. permittee’s operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part, by permittee or its agents; or
7. the acts, errors, or omissions of third parties when arising out of the, installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third-party
utility facilities within the road rights-of-way when such work is performed under authority of
the operator’s utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee’s agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any
indemnitee. The only liabilities with respect to which permittee’s obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemniteees cannot be indemnified for.
Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered
by this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but
not limited to, attorneys’ fees, investigators’ fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety (90) days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee’s failure to satisfy said judgment
12
within the ninety (90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee’s utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee’s utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any
of the County roads, rights-of-way or other County property subject to this Permit and shall in
no way prevent or prohibit the County of Mason from constructing, altering, maintaining or
using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or
facilities, or any other county property or affect its jurisdiction over them or any part of them
with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same
as the County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired its interest in compliance with the terms of
this Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will as sume all the
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
obligations under the Permit, including any obligations not fulfilled by Permittee’s assignee;
provided that, the assignment shall not in any respect relieve the Permittee, or any of its
successors in interest, of responsibility for acts or omissions, known or unknown, or the
consequences thereof, which acts or omissions occur prior to the time of the assignment. No
Permit may be assigned or transferred without filing or establishing with the county the
insurance certificates, security fund and performance bond as may be required pursuant to this
Permit.
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XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit, by reason of the subsequent incorporation of any town or city, or extension of the limits
of any town or city, shall fall within the city or town limits; then, except to the extent allowed
by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county
property so included with city or town limits; but this Permit shall continue in force and effect
to all county road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided
at Section XVIII herein and continue in PERPETUITY until terminated or otherwise
superseded by a subsequent franchise, private line utility occupancy permit, master road use
permit or other agreement of the Parties. In the event that it is determined by a court of
competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this
Permit shall be deemed to have a term for the maximum period allowed by law, and if no such
maximum period is readily and easily capable of being identified, for a term of not longer than
fifty (50) years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a
franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may
be terminated by the County with or without cause. This means that the County is not required
to have or provide a reason for the termination and that the County may terminate this Permit
in its sole discretion without penalty to the County and regardless of whether or not Permittee
is or is not in default; provided that, the County may not terminate this Permit for a reason that
is unlawful. The Parties agree that the only condition of termination by the County of this
Permit is that the County must give not less than ninety (90) days written notice to the Permittee
of termination. The County Engineer is authorized to exercise the right of the County to
terminate this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall
automatically terminate upon: (1) assignment of the Permit without the prior written consent of
the County in substantially the form of an Assignment Agreement (obtained by request), (2)
transfer of the utility facilities located with the Permit Area without prior written notice to the
County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real
property or any part thereof benefited by the installation and operation of the utility facilities
without prior written notice to the County and mutual acceptance of an assignment of the
Permit, or (4) use of the utility facilities for the benefit of persons other than the owner/operator
in a manner that no longer constitutes a de-minimis use of the road right-of-way.
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration
14
of the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road
rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County
Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and
de-commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and
completely perform such work, the County may perform or complete such work at the cost of
the Permittee and Permittee shall be obligated to reimburse the County for such work within 30
days of invoice by the County.
F. Remedies. In addition to the right of the County to terminate this Permit, the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. “Default” shall mean any failure of Permittee or its agents to keep, observe
or perform any of Permittee's or its agent’s duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by
County.
2. Specific Performance. County shall be entitled to specific performance of
each and every obligation of Permittee under this Permit without any requirement to prove or
establish that County does not have an adequate remedy at law. Permittee hereby waives the
requirement of any such proof and acknowledges that County would not have an adequate
remedy at law for Permittee’s commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County
would not have an adequate remedy at law for Permittee’s commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in
this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the
County to commence an action for equitable or other relief and/or proceed against Permittee
and any guarantor for all direct monetary damages, costs and expenses arising from the Default
and to recover all such damages, costs and expenses, including reasonable attorneys’ fees.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of others.
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XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted
hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
“A”, and in accepting the Permit, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees
to abide by the same and acknowledges that it has relied upon its own investigation of all
relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
acceptance as provided for herein within the time limits set forth in this section, the grant herein
is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a “Memorandum of Permit” in substantially the form attached hereto as
Exhibit “A”, shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,
this Permit is not intended nor shall it be construed to create an interest in land or constitute the
grant or conveyance of a real property interest by the County to the Permittee. The requirements
of this Section XIX are intended solely to provide notice of the existence of this Permit and the
terms and conditions there under, including inter-alia, the limitations upon assignment of the
Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor’s tax
identification
number of the parcel or parcels benefited by this Permit and a legal description of each such
parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation
of any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided; however, that venue of such action is legally proper.
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B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of
any Work done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or either
party’s right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such Party or Parties may be entitled.
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this
Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is
not a part hereof, and the remaining provisions hereof will remain in full force and effect. In
lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically
as a part of this Permit, a provision as similar in its terms to such illegal, invalid or
unenforceable provision as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee’s contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee’s contractors;
provided that, the Permittee is not prohibited from allocating such liability as a matter of
contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty (30) days' advance written notice of such change in address.
Permittee: Marianne Costacos c/o Kenneth James
PO BOX 971
Silverdale, WA 98528
Attn: Ken James
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
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I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation
upon the County to determine the adequacy or sufficiency of Permittee's plans and
specifications or to ascertain whether Permittee's proposed or actual construction, installation,
testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or
sufficient or in conformance with the plans and specifications reviewed by the County. No
approval given, inspection made, review or supervision performed by the County pursuant to
this Permit shall constitute or be construed as a representation or warranty express or implied
by County that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this Permit or meets any particular standard, code or requirement,
or is in conformance with the plans and specifications, and no liability shall attach with respect
thereto. County and inspections as provided herein, are for the sole purpose of protecting the
County’s rights as the owner and manager of the road rights-of-way and shall not constitute any
representation or warranty, express or implied, as to the adequacy of the design, construction,
repair, or maintenance of the utility facilities, suitability of the permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation
of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State
of Washington.
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit
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Area by Permittee and Permittee’s Contractors, and this Permit supersedes any and all other
agreements of the Parties hereto with respect to all such matters, including, without limitation,
all agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage
arising out of the County’s exercising its authority pursuant to this Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,
the County may perform the work and bill the Permittee. The Permittee shall pay the amounts
billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors
are subject to the same restrictions, limitations, and conditions as if the Work was performed
by the Permittee. The Permittee shall be responsible for all Work performed by its contractors
and subcontractors, and others performing Work on its behalf, under its control, or under
authority of its utility permit, as if the work were performed by it and shall ensure that all such
work is performed in compliance with this Permit, Title 12 MCC, the Manual and other
applicable law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is the Permittee’s responsibility to ensure that contractors,
subcontractors, or other Persons performing work on the Permittee’s behalf are familiar with
the requirements of the Permit, Title 12 MCC, the Manual, and other applicable laws governing
the work performed by them and further, for ensuring that such contractors and subcontractors
maintain insurance as required herein.
R. Survival of Terms. Upon the termination of the Permit, the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee’s obligations under this
Permit to the County shall survive the termination of these rights according to its terms for so
long as the Permittee’s utility facilities shall remain in whole or in part in the road rights-of-
way, except to the extent the County Engineer has approved abandonment in place. By way of
illustration and not limitation, Permittee’s obligations to indemnify, defend and hold harmless
the County, provide insurance and a performance/payment bond pursuant to Section XI and
Permittee’s obligation to relocate its utility facilities pursuant to Section VIII, shall continue in
effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent
that a County-approved transfer, sale, or assignment of the utility system is completed, and
another entity has assumed full and complete responsibility for the utility faci lities or for the
relevant acts or omissions.
A-1
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT “A”
MEMORANDUM OF PERMIT
Title: Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: Marianne Costacos
Description of Franchise Area: Parcel Number: 22218-34-00060
TR 6 OF GOVT LOT 4 & TAX 1056E & TAX 1057E
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Stephanie Buhrman, Finance Manager Ext: Click or tap here to enter text.
Department: Utilities & Waste Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): Discussion
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:
Belfair Sewer – Utility Billing ERU Adjustment
Background/Executive Summary:
Sewer utility rates are based on an equivalent residential unit, or ERU. Commercial and industrial
property ERU can be based on “typical” for the type of use or actual water consumption. Public Works
recently completed an audit of ERU charges for all customers and compared them with actual water
consumption. Based on the county code and this analysis, a number of adjustments are to be made; some
reductions in ERUs and some increases. Overall, there is a net increase of 54.6 ERUs.
Today’s briefing is to share the ERU adjustment summary, planned customer notification, and
recommended procedure for future review and adjustments.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
Updating the ERUs results in an annual utility rate revenue increase of $72,425.
Public Outreach:
A letter explaining the change in ERUs, timing for the change, and contact for more information will be
sent to affected customers.
Requested Action:
Request the Board approve the ERU adjustment and implementation timing. Staff recommends
implementation when 2026 rates go into effect allowing customers approximately 6 months to plan for
the change.
Attachments:
1. Sample Letter
01/28/2025
Bob Smith
1234 Main St
Belfair, WA 98528
Subject: Notice of Change to Your Equivalent Residential Unit (ERU) Calculation
Dear Name & Account #
We are writing to inform you of an important update regarding your Equivalent Residential Unit
(ERU) calculation for sewer billing purposes. As part of our ongoing efforts to ensure fair and
accurate billing, Mason County Utilities & Waste has conducted a review of water usage data
from the Belfair Water District. The ERU is a measure used to assess sewer usage and is
based on an annual water consumption of 7,564 cubic feet. After our review, we have
determined that there will be an adjustment to the ERU for your account based on your current
water usage patterns. This change will be reflected in your upcoming sewer bill.
The adjustment in your ERU means that your sewer charges will be recalculated to better align
with your actual water usage. Based on this review of your 2023/2024 water usage, your bill will
change by _____ ERU. Your monthly ERU will now be $________, and your new monthly rate
will be $______.
While we understand that changes like this can be concerning, please be assured that this
review was undertaken to ensure fairness and accuracy for all customers.
If you have any questions or concerns regarding this adjustment, or if you would like to discuss
your specific account, please do not hesitate to contact our office at (360) 427-9670 ext. 207 or
email us at RDickinson@MasonCountyWA.gov. We are here to assist you.
Thank you for your understanding and cooperation. We appreciate your continued support as
we work to maintain a fair and equitable sewer billing system.
Sincerely,
Mason County Utilities & Waste
Part 1: Applicant / Parcel Information
Applicant:
Part 2: Sewer System Information
Name of Sewer System:
Official use only: Sewer System Manager or Designated Employee is to complete.
Mailing Address:
Site Address:
Parcel Number:
Date:
Phone:
City, State, Zip:
Permit Number:
Part 3: Mason County Public Health Review/ Approval
Satisfactory
Site Plan attached?
Unsatisfactory
New Connection: I have reviewed the applicants information and have no issues with Mason County Public Health approving the corresponding
Mason County Permit.
Existing Connection: I have reviewed the applicants information and have no issues with Mason County Public Health approving the
corresponding Mason County Permit.
I have reviewed the applicants information and have determined sewer connection is currently NOT available to this property.
Please add the following condition(s) on the corresponding Mason County Permit: (optional)
Printed Name of System Manager/ Employee Date
Date
Signature of System Manager/ Employee
Signature of Environmental Health Specialist
Instructions:
1. Complete Part 1 of application. Permit number may be added at later date.
2. Take application, Site plan, and any other associated information with the proposed development to the Sewer
System Manager or Designated Employee for approval.
3. Submit completed application and information to Permit Center or Mason County Public Health for review.
NOTE: You must supply the System Manager with a site plan for the project, showing all existing or proposed
sewer components and lines in relation to proposed development and property.
This form may be scanned and available for public view on the Mason County Web Site.
Application for Determination of Sewer Adequacy
415 N. 6th Street, Bldg 8, Shelton WA 98584
360-427-9670 or 360-275-4467, extension 400
REVISED 10/28/2015
Out of S ervice A rea S ewer S ervice Requirements
• Interlocal Agreement Required
• Certification of Necessity (WAC 372-52)
o Evidence that no existing sewer system covers a substantial portion of the
service area and that no other entity plans to provide service for the
foreseeable future.
o A comparative justification, explain why connecting to the Belfair sewer
system is better suited than any adjacent sewer entity if one exists.
• Engineering Review and Plan Approval (RCW 90.48.110 & WAC 173-240)
o Even after necessity is certified, the proposed system must meet Ecology’s
engineering and environmental standards:
o All engineering reports, plans, and specifications for new sewer systems or
extensions must be submitted to Ecology (or an approved delegated
authority) and approved prior to construction.
o Approval requires evaluation to ensure water quality protection, alignment
with NPDES or state discharge standards, and consistency with design
criteria (e.g., Ecology’s Criteria for Sewage Works Design, ASCE, EPA
manuals, etc.).
o The general sewer plan must include:
Purpose and need
Service area boundaries
Ownership, operation, maintenance responsibilities
Detailed layout maps showing existing and proposed infrastructure,
topography, water bodies, and service boundaries
o A construction quality assurance plan is required before building begins. It
must detail inspection protocols, testing routines, record-keeping, change
order procedures, and staffing responsibilities.
o A complete operation and maintenance manual must be submitted upon
completion, covering long-term management.
• Waste Discharge Permit (RCW 90.48.162 & Ecology’s Water Quality Permit)
o Extensions that result in wastewater discharge, either into surface water or
groundwater, require proper discharge permitting:
• Under RCW 90.48.162, any sewering entity that discharges wastewater into state
waters must obtain a waste discharge permit from Ecology
• Ecology issues permits depending on discharge type:
o NPDES permits for direct discharges to surface water.
o State Waste Discharge (SWD) permits for groundwater discharges or
pretreatment to a publicly owned facility.
Mason County Administrator
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
September 8, 2025
Specific Items for Review
→ Juvenile Detention Fire Sprinkler Head Replacement – Kelly Frazier
→ Washington State Association of Sheriff & Police Chiefs (WASPC) Grant Agreement – Jennifer Beierle
→ Surplus of Real Property at 141 W. Hemlock, Elma – Travis Adams
→ Island Lake LMD Ordinance – Travis Adams
→ Mason Conservation District Riparian Plan Project at County Owned Parks – Travis Adams
Administrator Updates
Commissioner Discussion
→ Calendar updates
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Kelly Frazier Ext: 519
Department: Facilities & Grounds Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 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:
Fire sprinkler system in Juvenile detention, 20-year inspection.
Background/Executive Summary:
We have by code smoke detectors and sprinklers tested every year, a water flow test every 5 years and a
sprinkler head and pipe inspection every 20 years. During the last 20 year pipe and sprinkler inspection
we failed to meet the minimum NFPA code.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
$8,571.00 plus sales tax. This could possibly be paid out of Reet.
Public Outreach:
N/A
Requested Action:
Approval of the proposal of $8,571.00 plus sales tax submitted by Fire Tek.
Attachment(s):
Fire Tek Proposal
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Jennifer Beierle and MCSO Ext: 532
Department: Central Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 9/8/2025 Agenda Date(s): 9/16/25
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item:
Approval for the Sheriff to sign the Washington State Association of Sheriff & Police Chiefs (WASPC)
Grant Agreement, approval of a Subrecipient agreement with Olympic Health & Recovery Services
(OHRS), and approve an inter-departmental agreement between Mason County Sheriff’s Office (MCSO)
and Mason County Public Health (MCPH), to administer the grant.
Background/Executive Summary:
Support Services, in conjunction with the MCSO, applied for and received a grant through WASPC for
purposes of expanding mental health field response capabilities, utilizing mental health professionals to
professionally, humanely, and safely respond to crises involving person with behavioral health issues with
treatment, diversion, and reduced incarceration time as primary goals.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
The grant award is $377,904.15 and the county’s portion was approved to come from Treatment Sales Tax
funds in the estimated amount of $37,970.68
Public Outreach:
N/A
Requested Action:
Approval for the Sheriff to sign the Washington State Association of Sheriff & Police Chiefs (WASPC)
Grant Agreement, approval of a Subrecipient agreement with Olympic Health & Recovery Services
(OHRS), and approve an inter-departmental agreement between Mason County Sheriff’s Office (MCSO)
and Mason County Public Health (MCPH), to administer the grant.
Attachment(s):
• WASPC Grant Agreement
• Draft Subrecipient Agreement with OHRS
• Draft Inter-Departmental Agreement between MCSO and MCPH
Grant Award Agreement for
Mental Health Field Response
WASPC Grant Award Number
MHFR-25-008
This Grant Award Agreement is made by and between the Washington Association of Sheriffs and Police Chiefs
(WASPC) and Mason County Sheriff’s Office
Grantee Name:
Mason County Sheriff’s Office
Grantee Doing Business as (DBA):
NA
Tax Identification Number:
91-6001354
Unique Entity Identification Number:
SNAXPBGW4VR4
Grantee Mailing Address:
411 N 5th St
City: State: Zip Code:
Shelton WA 98584
Grantee Primary Contact Name and Title:
Trevor Severance, Patrol Lieutenant
Primary Contact Phone: Primary Contact Email:
360-427-9670 EXT 112 tseverance@masoncountywa.gov
WASPC Primary Contact Name and Title:
Cheyenne Sanders
WASPC Contact Phone: WASPC Contact Email:
360-486-2389 csanders@waspc.org
WASPC Mailing Address:
3060 Willamette Drive NE, Suite 200
City: State: Zip Code:
Lacey WA 98516
Grant Program:
Mental Health Field Response
Authority for Award:
RCW 36.28A.440
Grant Start Date:
July 1, 2025
Grant End Date:
June 30, 2027
Total Award Amount: $377,904.16 Funding Source(s):
☐ State Non-Trueblood Phase I, II, and III
☒ State Trueblood Phase I, II, and III ($377,904.16)
☐ HCA Trueblood Expansion Grant
Is the grantee a sub-recipient under this agreement?
☒ YES ☐ NO
Purpose of Award:
To provide services to communities in Washington
State as set forth in RCW 36.28A.440. and the
grantee’s grant application.
Service Area:
Mason County
Grantee Signature Printed Name Title Date Signed
WASPC Signature Printed Name Title Date Signed
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Chief of StaffJamie Weimer 8/27/2025
Ryan Spurling 8/28/2025Sheriff
GRANT AWARD MHFR-25-008 Page 2 of 29
CONTENTS
RECITALS .................................................................................................................................................................................. 4
1 STATEMENT OF WORK (SOW) ......................................................................................................................................... 4
2 DEFINITIONS ................................................................................................................................................................... 4
3 SPECIAL TERMS AND CONDITIONS ................................................................................................................................. 6
3.1 PERFORMANCE EXPECTATIONS ............................................................................................................................. 6
3.2 TERM ...................................................................................................................................................................... 6
3.3 DATA COLLECTION .................................................................................................................................................. 6
3.4 COMPENSATION .................................................................................................................................................... 7
3.5 INVOICE AND PAYMENT ......................................................................................................................................... 7
3.6 GRANTEE AND WASPC GRANT MANAGERS ........................................................................................................... 8
3.7 LEGAL NOTICES ...................................................................................................................................................... 8
3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE ........................................................................ 9
3.9 INSURANCE ............................................................................................................................................................ 9
4 GENERAL TERMS AND CONDITIONS ............................................................................................................................. 10
4.1 ACCESS TO DATA .................................................................................................................................................. 10
4.2 ADVANCE PAYMENT PROHIBITED ........................................................................................................................ 10
4.3 AMENDMENTS ..................................................................................................................................................... 10
4.4 ASSIGNMENT ....................................................................................................................................................... 10
4.5 ATTORNEYS’ FEES ................................................................................................................................................. 11
4.6 AUDIT ................................................................................................................................................................... 11
4.7 CHANGE IN STATUS .............................................................................................................................................. 11
4.8 CONFIDENTIAL INFORMATION PROTECTION ....................................................................................................... 11
4.9 GRANTEE’S PROPRIETARY INFORMATION ........................................................................................................... 12
4.10 CONFORMANCE WITH 2 CFR § 200 AND RELEVANT STATE AND LOCAL LAWS .................................................... 12
4.11 COVENANT AGAINST CONTINGENT FEES ............................................................................................................ 12
4.12 DEBARMENT ........................................................................................................................................................ 12
4.13 DISPUTES.............................................................................................................................................................. 12
4.14 ENTIRE AGREEMENT ............................................................................................................................................ 13
4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA) ............................................................... 13
4.16 FORCE MAJEURE .................................................................................................................................................. 14
4.17 FUNDING WITHDRAWN, REDUCED OR LIMITED ................................................................................................. 14
4.18 GOVERNING LAW ................................................................................................................................................. 14
4.19 HUMAN SUBJECTS PROTECTION ......................................................................................................................... 14
4.20 WASPC NETWORK SECURITY ............................................................................................................................... 15
4.21 INDEMNIFICATION ............................................................................................................................................... 15
4.22 INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................................................ 15
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4.23 INDUSTRIAL INSURANCE COVERAGE ................................................................................................................... 15
4.24 LEGAL AND REGULATORY COMPLIANCE .............................................................................................................. 15
4.25 LIMITATION OF AUTHORITY ................................................................................................................................. 16
4.26 NO THIRD-PARTY BENEFICIARIES ......................................................................................................................... 16
4.27 NONDISCRIMINATION .......................................................................................................................................... 16
4.28 NON-SUPPLANTING CERTIFICATION .................................................................................................................... 16
4.29 OVERPAYMENTS TO Grantee ............................................................................................................................... 16
4.30 PAY EQUITY .......................................................................................................................................................... 16
4.31 PUBLICITY ............................................................................................................................................................. 17
4.32 RECORDS AND DOCUMENTS REVIEW ................................................................................................................. 17
4.33 REMEDIES NON-EXCLUSIVE ................................................................................................................................. 17
4.34 RIGHT OF INSPECTION ......................................................................................................................................... 18
4.35 RIGHTS IN DATA/OWNERSHIP .............................................................................................................................. 18
4.36 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ............................................................................................... 18
4.37 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY ........................................................................... 19
4.38 SEVERABILITY ....................................................................................................................................................... 19
4.39 SITE SECURITY ...................................................................................................................................................... 19
4.40 SUBGRANTING ..................................................................................................................................................... 19
4.41 SURVIVAL ............................................................................................................................................................. 20
4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION ................................................................................... 20
4.43 TERMINATION PROCEDURES ............................................................................................................................... 21
4.44 WAIVER ................................................................................................................................................................ 22
4.45 WARRANTIES........................................................................................................................................................ 22
SCHEDULE A: STATEMENT OF WORK .................................................................................................................................... 23
SCHEDULE B: APPROVED BUDGET ........................................................................................................................................ 26
EXHIBITS ................................................................................................................................................................................ 29
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GRANT AWARD
RECITALS
House Bill 2982, Chapter 142, Laws of 2018, went into effect on June 7, 2018. The purpose of the grant program is to
assist local law enforcement agencies to establish and expand mental health field response capabilities, utilizing mental
health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health
issues with treatment, diversion, and reduced incarceration time as primary goals. WASPC has determined that entering
into an Agreement with the Mason County Sheriff’s Office will meet WASPC’s needs.
NOW THEREFORE, WASPC awards to the Mason County Sheriff’s Office this Grant Award Agreement, the terms and
conditions of which will govern Grantee’s providing to WASPC the services and data from Grantee’s Mental Health Field
Response program.
IN CONSIDERATION of the mutual promises as set forth in this Grant Award Agreement, the parties agree as follows:
1 STATEMENT OF WORK (SOW)
The Grantee will provide the services and staff as described in Schedule A: Statement of Work.
2 DEFINITIONS
“Agreement” or “Award” means the same as “Grant” or “Grant Agreement” or “Grant Award Agreement.”
“Authorized Representative” means a person to whom signature authority has been delegated in writing acting
within the limits of his/her authority.
“Breach” means the unauthorized acquisition, access, use, or disclosure of Confidential Information that
compromises the security, confidentiality, or integrity of the Confidential Information.
“business daysand Hours” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays
observed by the state of Washington.
“CFR” means the Code of Federal Regulations. All references in this Agreement to CFR chapters or sections include
any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.gov.
“Community Agency” means an organization that works with and supports people working through behavioral
health challenges but does not directly provide treatment. The organization can be a nonprofit or
government/public agency as defined in the application.
“Confidential Information” means information that may be exempt from disclosure to the public or other
unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or
regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual
that relates to a natural person’s health, (see also Protected Health Information); finances, education, business, use
or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license
numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law
enforcement records, software source code or object code, or WASPC or State security information.
“Contract” where used, shall have the same meaning as “grant” “grant agreement” and “grant award agreement”.
“Contractor” where used shall mean the same as “Grantee.”
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“Data” means information produced, furnished, acquired, or used by Grantee in meeting requirements under this
Agreement.
“Effective Date” means the first date this Agreement is in full force and effect.
“Government/Public Agency” means an educational service district, school district, law enforcement agency,
therapeutic court or probation office, public health district, a recognized American Indian organization, an Urban
Indian Health Organization, or a Tribe.
“Grant” or “Grant Agreement” or “Grant Award Agreement” means this grant document and all schedules,
exhibits, attachments, incorporated documents and amendments.
“Grantee” means the Mason County Sheriff’s Office, its employees, officers, and agents. Grantee includes any firm,
provider, organization, individual or other entity performing services under this Grant Award Agreement. It also
includes any Subgrantee retained by Grantee as permitted under the terms of this Agreement.
“WASPC Grant Manager” means the individual identified on the cover page of this Agreement who will provide
oversight of the Grantee’s activities conducted under this Agreement.
"Overpayment" means any payment or benefit to the Grantee in excess of that to which the Grantee is entitled by
law, rule, or this Award, including amounts in dispute.
“Proprietary Information” means information owned by Grantee to which Grantee claims a protectable interest
under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent,
trademark, or trade secret laws.
“Protected Health Information” or “PHI” means individually identifiable information that relates to the provision of
health care to an individual; the past, present, or future physical or mental health or condition of an individual; or
past, present, or future payment for provision of health care to an individual, as defined in 45 CFR § 160.103.
Individually identifiable information is information that identifies the individual or about which there is a
reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is
information transmitted, maintained, or stored in any form or medium. 45 CFR § 164.501. PHI does not include
education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC §
1232g(a)(4)(b)(iv).
“RCW” means the Revised Code of Washington. All references in this Agreement to RCW chapters or sections
include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at:
http://apps.leg.wa.gov/rcw/.
“Statement of Work” or “SOW” means a detailed description of the work activities the Grantee is required to
perform under the terms and conditions of this Agreement, including the deliverables and timeline, and is Schedule
A hereto.
“Subgrantee” means a person or entity that is not in the employment of the Grantee, who is performing all or part
of the business activities under this Agreement under a separate Agreement with Grantee. The term “Subgrantee”
means Subgrantee(s) of any tier.
“Subrecipient” shall have the meaning given in 45 CFR § 75.2, or any successor or replacement to such definition,
for any federal award from HHS; or 2 CFR § 200.93, or any successor or replacement to such definition, for any
other federal award.
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“USC” means the United States Code. All references in this Agreement to USC chapters or sections will include any
successor, amended, or replacement statute. The USC may be accessed at http://uscode.house.gov/.
“WAC” means the Washington Administrative Code. All references to WAC chapters or sections will include any
successor, amended, or replacement regulation. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/.
3 SPECIAL TERMS AND CONDITIONS
3.1 PERFORMANCE EXPECTATIONS
Expected performance under this Agreement includes, but is not limited to, the following:
3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of the
Agreement;
3.1.2 Use of professional judgment;
3.1.3 Collaboration with WASPC staff in Grantee’s conduct of the services;
3.1.4 Conformance with WASPC directions regarding the delivery of the services;
3.1.5 Timely, accurate and informed communications;
3.1.6 Regular completion and updating of project plans, reports, documentation and communications;
3.1.7 Regular, punctual attendance at all meetings;
3.1.8 Provision of high-quality services, and
3.1.9 Prior to payment of invoices, WASPC will review and evaluate the performance of Grantee in
accordance with Agreement and these performance expectations and may withhold payment if
expectations are not met or Grantee’s performance is unsatisfactory as defined and evaluated by
WASPC.
3.2 TERM
3.2.1 The initial term of the Award shall be July 1, 2025 and continue through June 30, 2027, unless
terminated sooner as provided herein.
3.2.2 Work performed without an award or amendment signed by the Authorized Representatives of
both parties will be at the sole risk of the Grantee. WASPC will not pay any costs incurred before
the effective date listed on the face sheet attached to this agreement.
3.2.3 A completed Agreement is expected within 30 days following the letter of intent to award. In the
event an Agreement is not signed (through no fault of WASPC) by the Grantee within 30 days,
WASPC may elect to cease negotiations, and withdraw the award.
3.3 DATA COLLECTION
3.3.1 The Grantee shall utilize the data collection tool selected by WASPC, hereinafter referred to as
the WASPC Data Collection Tool, which is the JULOTA Reach Software. The Grantee must provide
sufficient resources to establish the administrative permissions necessary for the WASPC Data
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Collection Tool to be fully operational at the time services begin at the site(s). The Grantee, if
they have not already done so, shall execute the JULOTA “SaaS Use Agreement”, which will be
separately executed between the Grantee and JULOTA within 30 days of the execution of this
Agreement.
3.4 COMPENSATION
3.4.1 The Maximum Compensation payable to Grantee is $377,904.15. As this is a multi-year award it
is subject to the following restrictions:
• The maximum amount payable to the Grantee for services rendered in year one (July 1,
2025-June 30, 2026) is $176,148.36. Funds that are not utilized from year one WILL NOT
carry over to year two and are no longer able to be claimed by the Grantee under any
circumstances.
• 3.4.1.2 The maximum amount payable to the Grantee for services rendered in year one (July
1, 2026-June 30, 2027) is $201,755.80. Funds that are not utilized from year two WILL NOT
carry over to any other period and are no longer able to be claimed by the Grantee under
any circumstances.
3.4.2 Grantee’s compensation for services rendered will be based in accordance with Schedule A:
Statement of Work.
3.5 INVOICE AND PAYMENT
3.5.1 Grantee must submit accurate invoices to WASPC utilizing the online billing tool made available
to Grantee by WASPC. Invoices are due monthly and should be submitted no later than thirty
(30) calendar days following the period for which services are billed. WASPC reserves the right to
deny payment for invoices that are submitted forty-Five (45) calendar days beyond the period for
which services were provided. An exception to this requirement may be found in 3.5.5.
3.5.2 Invoices must describe and document to WASPC’s satisfaction a description of the work
performed, the progress of the project, fees, and a statement that includes the following
language: “We certify pursuant to 2 CFR § 200.201(1)(iii)(3) that the activities described in this
invoice and associated report(s) have been completed,”. If expenses are invoiced, invoices must
provide a detailed breakdown of each type. All invoices will be reviewed and must be approved
by WASPC prior to payment.
3.5.3 Grantee must submit properly itemized invoices to include the following information, as
applicable:
• WASPC Award number “MHFR-25-008”
• Grantee name, address, phone number
• Description of Services
• Date(s) of delivery
• Net invoice price for each item
• Applicable taxes
• Total invoice cost
3.5.4 WASPC will return incorrect or incomplete invoices to the Grantee for correction and reissue.
The Award Number must appear on all invoices, bills of lading, packages, and correspondence
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relating to this Agreement.
3.5.5 Invoices for services rendered under this Agreement from July 1, 2025 to June 30, 2026 MUST be
submitted by the Grantee to WASPC by July 14, 2026. WASPC is under no obligation to pay any
claims for the period mentioned above that are submitted on or after July 15, 2026 (“Belated
Claims”). WASPC will pay Belated Claims at its sole discretion, and any such potential payment is
contingent upon the availability of funds.
3.5.6 Invoices for services rendered under this Agreement from July 1, 2026 to June 30, 2027 MUST be
submitted by the Grantee to WASPC by July 14, 2027. WASPC is under no obligation to pay any
claims for the period mentioned above that are submitted on or after July 15, 2027 (“Belated
Claims”). WASPC will pay Belated Claims at its sole discretion, and any such potential payment is
contingent upon the availability of funds.
3.6 GRANTEE AND WASPC GRANT MANAGERS
3.6.1 Grantee’s Grant Manager will have prime responsibility and final authority for the services
provided under this Agreement and be the principal point of contact for the WASPC Grant
Manager for all business matters, performance matters, and administrative activities.
3.6.2 WASPC’s Grant Manager is responsible for monitoring the Grantee’s performance and will be the
contact person for all communications regarding Agreement performance and deliverables. The
WASPC Grant Manager has the authority to accept or reject the services provided and must
approve Grantee’s invoices prior to payment.
3.6.3 The contact information provided below may be changed by written notice of the change (email
acceptable) to the other party.
Grantee: Grant Manager Information WASPC: Grant Manager Information
Name: Trevor Severance Name: Cheyenne Sanders
Address: 411 N 5th St
Shelton, WA 98584 Address:
3060 Willamette Dr NE,
STE 200
Lacey, WA 98516
Phone: (360) 427-9670 ext 112 Phone: (360) 486-2389
Email: tseverance@masoncountywa.gov Email: csanders@waspc.org
3.7 LEGAL NOTICES
Any notice or demand or other communication required or permitted to be given under this Agreement or
applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and
delivered in person, via email, or by a recognized courier service, or deposited with the United States Postal
Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses
provided in this section.
3.7.1 In the case of notice to the Grantee:
Trevor Severance
Mason County
411 N 5th St
Shelton, WA 98584
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3.7.2 In the case of notice to WASPC:
Attention: Chief of Staff
Washington Association of Sheriffs and Police Chiefs
3060 Willamette Drive NE, STE 200
Lacey, WA 98516
3.7.3 Notices are effective upon receipt or four (4) business days after mailing, whichever is earlier.
3.7.4 The notice address and information provided above may be changed by written notice of the
change given as provided above.
3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Agreement. In the event of an
inconsistency, the inconsistency will be resolved in the following order of precedence:
3.8.1 Applicable Federal and State of Washington statutes and regulations;
3.8.2 Recitals
3.8.3 Special Terms and Conditions;
3.8.4 General Terms and Conditions;
3.8.5 Schedule A: Statement of Work;
3.8.6 Schedule B: Approved Budget;
3.8.7 Exhibit A: 2025-2027 Grant Application Packet;
3.8.8 Exhibit B: Final Budget Submission; and
3.8.9 Any other provision, term, exhibit or material incorporated herein by reference or otherwise
incorporated.
3.9 INSURANCE
The Grantee must provide insurance coverage as set out in this section. The intent of the required insurance is to
protect the WASPC should there be any claims, suits, actions, costs, damages or expenses arising from any
negligent or intentional act or omission of Grantee or Sub-grantee, Subgrantee, or agents of either, while
performing under the terms of this Agreement. The Grantee must provide insurance coverage that is maintained
in full force and effect during the term of this Award, as follows:
3.9.1 Commercial General Liability Insurance Policy—Provide a Commercial General Liability Insurance
Policy, including contractual liability, in adequate quantity to protect against legal liability arising
out of Agreement activity but no less than $1 million per occurrence/$2 million general
aggregate. Additionally, the Grantee is responsible for ensuring that any Sub-grantees and
Subgrantees provide adequate insurance coverage for the activities arising out of subgrants and
subcontracts.
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3.9.2 Business Automobile Liability—In the event that services delivered pursuant to this Agreement
involve the use of vehicles, either owned, hired, or non-owned by the Grantee, automobile
liability insurance is required covering the risks of bodily injury (including death) and property
damage, including coverage for contractual liability. The minimum limit for automobile liability is
$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property
damage.
3.9.3 Professional Liability Errors and Omissions–Provide a policy with coverage of not less than $1
million per claim/$2 million general aggregate.
3.9.4 The insurance required must be issued by an insurance company/ies authorized to do business
within the state of Washington, and must name WASPC, its agents and employees as additional
insureds under any Commercial General and/or Business Automobile Liability policy/ies. All
policies must be primary to any other valid and collectable insurance. In the event of
cancellation, non-renewal, revocation or other termination of any insurance coverage required
by this Agreement, the Grantee must provide written notice of such to WASPC within one (1)
Business Day of Grantee’s receipt of such notice. Failure to buy and maintain the required
insurance may, at WASPC’s sole option, result in this Agreement’s termination.
3.9.5 The Grantee shall submit to WASPC a certificate of insurance that outlines the coverage and
limits defined in the Insurance section before any work is performed and will not receive any
payment or reimbursement until such certificate of insurance is provided to WASPC. Grantee
must submit renewal certificates as appropriate during the term of the Award Agreement.
3.9.6 If the Grantee certifies that it is self-insured, is a member of a risk pool, or maintains the types
and amounts of insurance identified above, Grantee will provide certificates of insurance to that
effect to WASPC upon request.
4 GENERAL TERMS AND CONDITIONS
4.1 ACCESS TO DATA
In compliance with RCW 39.26.180 (2), RCW 36.28A.440 and federal rules, the Grantee must provide access to
any data generated under this Agreement to WASPC, the Joint Legislative Audit and Review Committee, the State
Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no
additional cost. This includes access to all information that supports the findings, conclusions, and
recommendations of the Grantee’s reports, including computer models and methodology for those models.
4.2 ADVANCE PAYMENT PROHIBITED
No advance payment will be made for services furnished by the Grantee pursuant to this Agreement.
4.3 AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments will not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
4.4 ASSIGNMENT
4.4.1 The Grantee may not assign or transfer all or any portion of this Agreement or any of its rights
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hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section
4.39, Subcontracting/Subgranting, without the prior written consent of WASPC, which may be
withheld at WASPC’s sole discretion. Any permitted assignment will not operate to relieve the
Grantee of any of its duties and obligations hereunder, nor will such assignment affect any
remedies available to WASPC that may arise from any breach of the provisions of this Agreement
or warranties made herein, including but not limited to, rights of setoff. Any attempted
assignment, transfer or delegation in contravention of this Subsection 4.4.1 of the Agreement
will be null and void.
4.4.2 WASPC may assign this Agreement to any public agency, commission, board, or the like, within
the political boundaries of the State of Washington, with written notice of thirty (30) calendar
days to the Grantee.
4.4.3 This Agreement will inure to the benefit of and be binding on the parties hereto and their
permitted successors and assignees.
4.5 ATTORNEYS’ FEES
In the event of litigation or other action brought to enforce the terms of this Agreement, each party agrees to
bear its own attorneys’ fees and costs.
4.6 AUDIT
If Grantee is required by OMB Super Circular 2 CFR § 200.501 and 45 CFR § 75.501 to have an audit of their
financial statements, the Grantee must submit the results of that audit to WASPC no later than 90 (ninety)
calendar days after those results are delivered to the Grantee by their auditor.
4.7 CHANGE IN STATUS
In the event of any substantive change in its legal status, organizational structure, or fiscal reporting
responsibility, the Grantee will notify WASPC of the change. The Grantee must provide notice as soon as
practicable, but no later than thirty (30) calendar days after such a change takes effect.
4.8 CONFIDENTIAL INFORMATION PROTECTION
4.8.1 The Grantee acknowledges that some of the material and information that may come into its
possession or knowledge in connection with this Agreement or its performance may consist of
Confidential Information. The Grantee agrees to hold Confidential Information in strictest
confidence and not to make use of Confidential Information for any purpose other than the
performance of this Agreement, to release it only to authorized employees or Subgrantees or
Subgrantees requiring such information for the purposes of carrying out this Agreement, and not
to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to
any other party without WASPC’s express written consent or as provided by law. The Grantee
agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to Confidential Information.
4.8.2 The Grantee agrees to comply with all confidentiality requirements of 42 USC section 37899 and
20 CFR § 22 that are applicable to collection, use and revelation of data or information. The
Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in
accord with the requirements of 28 CFR § 22 and, in particular, section 22.23.
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4.8.3 WASPC reserves the right to monitor, audit, or investigate the use of Confidential Information
collected, used, or acquired by Grantee through this Agreement. Violation of this section by the
Grantee or its Subgrantees or Subgrantees may result in termination of this Agreement and
demand for return of all Confidential Information, monetary damages, or penalties.
4.8.4 The obligations set forth in this section will survive completion, cancellation, expiration,
suspension, or termination of this Agreement.
4.9 GRANTEE’S PROPRIETARY INFORMATION
Grantee acknowledges that WASPC complies with chapter 42.56 RCW, the Public Records Act relating to public
projects, and that this Agreement may be a public record as defined in chapter 42.56 RCW. Any specific
information that is claimed by Grantee to be Proprietary Information must be clearly identified as such by
Grantee. To the extent consistent with chapter 42.56 RCW, WASPC will maintain the confidentiality of the
Grantee’s information in its possession that is marked Proprietary. If a public disclosure request is made to view
the Grantee’s Proprietary Information, WASPC will notify the Grantee of the request and of the date that such
records will be released to the requester unless the Grantee obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the Grantee fails to obtain the court order enjoining disclosure, WASPC
will release the requested information on the date specified.
4.10 CONFORMANCE WITH 2 CFR § 200 AND RELEVANT STATE AND LOCAL LAWS
4.10.1 Grantee is required to maintain compliance with 2 CFR § 200, its appendices, subparts, and state
and local law.
4.10.2 Grantee is required to maintain compliance with 45 CFR § 96.135—Restrictions on expenditures
of grant.
4.11 COVENANT AGAINST CONTINGENT FEES
The Grantee warrants that no person or selling agent has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee,
excepting bona fide employees or bona fide established agents maintained by the Grantee for the purpose of
securing business. WASPC will have the right, in the event of breach of this clause by the Grantee, to annul this
Agreement without liability or, in its discretion, to deduct from the price or consideration or recover by other
means the full amount of such commission, percentage, brokerage or contingent fee.
4.12 DEBARMENT
By signing this Agreement, the Grantee certifies that it is not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency
from participating in transactions (debarred). The Grantee agrees to include the above requirement in any and
all subgrants and subcontracts into which it enters, and also agrees that it will not employ debarred individuals.
The Grantee must immediately notify WASPC if, during the term of this Agreement, The Grantee becomes
debarred. WASPC may immediately terminate this Agreement by providing the Grantee written notice, if the
Grantee becomes debarred during the term hereof.
4.13 DISPUTES
The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in
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connection with this Agreement. Both parties will continue without delay to carry out their respective
responsibilities under this Agreement while attempting to resolve any dispute. When a genuine dispute arises
between WASPC and the Grantee regarding the terms of this Agreement or the responsibilities imposed herein
and it cannot be resolved between the parties’ Grant Managers, either party may initiate the following dispute
resolution process.
4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to the
responding party (email acceptable). The responding party will respond in writing within five (5)
business days(email acceptable). If the initiating party is not satisfied with the response of the
responding party, then the initiating party may request that the WASPC Director review the
dispute. Any such request from the initiating party must be submitted in writing to the WASPC
Director within five (5) business days after receiving the response of the responding party. The
WASPC Director will have sole discretion in determining the procedural manner in which he or
she will review the dispute. The WASPC Director will inform the parties in writing within five (5)
business days of the procedural manner in which he or she will review the dispute, including a
timeframe in which he or she will issue a written decision.
4.13.2 A party's request for a dispute resolution must:
• Be in writing.
• Include a written description of the dispute.
• State the relative positions of the parties and the remedy sought.
• State the Agreement number and the names and contact information for the parties.
• This dispute resolution process constitutes the sole administrative remedy available under
this Agreement. The parties agree that this resolution process will precede any action in a
judicial or quasi-judicial tribunal.
4.14 ENTIRE AGREEMENT
WASPC and the Grantee agree that this Agreement is the complete and exclusive statement of the agreement
between the parties relating to the subject matter of the Agreement and supersedes all letters of intent or prior
contracts, oral or written, between the parties relating to the subject matter of the Agreement, except as
provided in the section titled “Warranties”.
4.15 FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT (FFATA)
4.15.1 This grant is supported by federal funds that require compliance with the Federal Funding
Accountability and Transparency Act (FFATA or the Transparency Act). The purpose of the
Transparency Act is to make information available online so the public can see how federal funds
are spent.
4.15.2 To comply with the act and be eligible to enter into this Agreement, the Grantee must have a
Unique Entity Identification Number (UEID). A UEID provides a method to verify data about your
organization. If the Grantee does not already have one, a UEID is available free of charge by
registering with www.sam.gov.
4.15.3 Information about the Grantee and this Grant will be made available on
www.uscontractorregistration.com by WASPC as required by P.L. 109-282. WASPC’s Attachment
3: Federal Funding Accountability and Transparency Act Data Collection Form, is considered part
of this Agreement and must be completed and returned along with the Agreement.
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4.16 FORCE MAJEURE
A party will not be liable for any failure of or delay in the performance of this Agreement for the period that such
failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war,
strikes or labor disputes, embargoes, government orders or any other force majeure event.
4.17 FUNDING WITHDRAWN, REDUCED OR LIMITED
If WASPC determines in its sole discretion that the funds it relied upon to establish this Agreement have been
withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the
effective date of this Agreement but prior to the normal completion of this Agreement, then WASPC, at its sole
discretion, may:
4.17.1 Terminate this Agreement pursuant to the section titled: Termination for Non-Allocation of
Funds;
4.17.2 Renegotiate the Agreement under the revised funding conditions; or
4.17.3 Suspend Grantee’s performance under the Agreement upon five (5) Business Days’ advance
written notice to the Grantee. WASPC will use this option only when WASPC determines that
there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that
would allow Grantee’s performance to be resumed prior to the normal completion date of this
Agreement.
4.17.4 During the period of suspension of performance, each party will inform the other of any
conditions that may reasonably affect the potential for resumption of performance.
4.17.5 When WASPC determines in its sole discretion that the funding insufficiency is resolved, it will
give the Grantee written notice to resume performance. Upon the receipt of this notice, the
Grantee will provide written notice to WASPC informing WASPC whether it can resume
performance and, if so, the date of resumption. For purposes of this subsection, “written notice”
may include email.
4.17.6 If the Grantee’s proposed resumption date is not acceptable to WASPC and an acceptable date
cannot be negotiated, WASPC may terminate this Agreement by giving written notice to the
Grantee. The parties agree that the Agreement will be terminated retroactive to the date of the
notice of suspension. WASPC will be liable only for payment in accordance with the terms of this
Agreement for services rendered prior to the retroactive date of termination.
4.18 GOVERNING LAW
This Agreement is governed in all respects by the laws of the state of Washington, without reference to conflict
of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of
Washington, and the venue of any action hereunder is in the Superior Court for Pierce County, Washington.
4.19 HUMAN SUBJECTS PROTECTION
The Grantee agrees to comply with the requirements of 28 CFR § 46 and all Office of Justice Programs policies
and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, and subject informed consent.
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4.20 WASPC NETWORK SECURITY
The Grantee agrees not to attach any Grantee-supplied computers, peripherals or software to the WASPC
Network without prior written authorization from WASPC’s Chief Information Officer.
Unauthorized access to WASPC networks and systems is a violation of WASPC Policy and constitutes computer
trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in
termination of the Agreement and other penalties.
The Grantee will have access to the WASPC visitor Wi-Fi Internet connection while on site.
4.21 INDEMNIFICATION
The Grantee shall defend, indemnify, and save WASPC harmless from and against all claims, including reasonable
attorneys’ fees resulting from such claims arising from intentional or negligent acts or omissions of the Grantee,
its officers, employees, or agents, subgrantees, or Subgrantees, their officers, employees, or agents, in the
performance of this Agreement. This indemnification shall include, but not be limited to, any or all injuries to
persons or damage to property, or breach of confidentiality and notification obligations under the section titled
“Confidential Information Protection” and the section titled “Confidentiality Breach-Required Notification.”
For purposes of the indemnification provisions above, and limited to this section only, the Grantee waives its
protections under RCW Title 51 for employee claims. This limited waiver was specifically negotiated and
bargained for.
4.22 INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that a Grantor to Grantee relationship will be created by this Agreement with WASPC being
the Grantor. The Grantee and its employees or agents performing under this Agreement are not employees,
officers, or agents of WASPC. The Grantee will not hold itself out as or claim to be an officer or employee of
WASPC by reason hereof, nor will Grantee make any claim of right, privilege or benefit that would accrue to such
employee, officer, or agent under law. Conduct and control of the work will be solely with Grantee.
4.23 INDUSTRIAL INSURANCE COVERAGE
Prior to performing work under this Agreement, the Grantee must provide or purchase industrial insurance
coverage for the Grantee’s employees, as may be required of an “employer” as defined in Title 51 RCW, and must
maintain full compliance with Title 51 RCW during the course of this Agreement.
4.24 LEGAL AND REGULATORY COMPLIANCE
4.24.1 During the term of this Agreement, the Grantee must comply with all local, state, and federal
licensing, accreditation and registration requirements/standards, necessary for the performance
of this Agreement and all other applicable federal, state and local laws, rules, and regulations.
4.24.2 While on WASPC’s premises, the Grantee must comply with WASPC operations and process
standards and policies (e.g., ethics, Internet/email usage, data, network and building security,
harassment, as applicable).
4.24.3 Failure to comply with any provisions of this section may result in the termination of this
Agreement.
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4.25 LIMITATION OF AUTHORITY
Only the WASPC Authorized Representative has the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this Agreement is not effective or binding unless made in
writing and signed by the WASPC Authorized Representative.
4.26 NO THIRD-PARTY BENEFICIARIES
WASPC and the Grantee are the only parties to this Agreement. Nothing in this Agreement gives or is intended to
give any benefit of this Agreement to any third parties.
4.27 NONDISCRIMINATION
During the performance of this Agreement, the Grantee must comply with all federal and state
nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42
U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part
35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Grantee’s noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded,
canceled, or terminated in whole or in part under the Termination for Default sections, and Grantee may be
declared ineligible for further contracts with WASPC.
4.28 NON-SUPPLANTING CERTIFICATION
No Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to
support current services. Violation of the non-supplanting requirement can result in a range of penalties,
including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil
and/or criminal penalties.
4.29 OVERPAYMENTS TO GRANTEE
In the event that overpayments or erroneous payments have been made to the Grantee under this Agreement,
WASPC will provide written notice to the Grantee and the Grantee will refund the full amount to WASPC within
thirty (30) calendar days of the notice. If Grantee fails to make timely refund, WASPC may charge Grantee one
percent (1%) per month on the amount due, until paid in full. If the Grantee disagrees with WASPC’s actions
under this section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes.
4.30 PAY EQUITY
4.30.1 Grantee represents and warrants that, as required by Washington state law (Engrossed House
Bill 1109, Sec. 211), during the term of this agreement, it agrees to equality among its workers
by ensuring similarly employed individuals are compensated as equals. For purposes of this
provision, employees are similarly employed if (i) the individuals work for Grantee, (ii) the
performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed.
4.30.2 Grantee may allow differentials in compensation for its workers based in good faith on any of the
following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by
quantity or quality of production; (iv) bona fide job-related factor(s); or (v) a bona fide regional
difference in compensation levels.
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4.30.3 Bona fide job-related factor(s)” may include, but not be limited to, education, training, or
experience, which is: (i) consistent with business necessity; (ii) not based on or derived from a
gender-based differential; and (iii) accounts for the entire differential.
4.30.4 A “bona fide regional difference in compensation level” must be (i) consistent with business
necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the
entire differential.
4.30.5 Notwithstanding any provision to the contrary, upon breach of warranty and Grantee’s failure to
provide satisfactory evidence of compliance within thirty (30) Days of WASPC’s request for such
evidence, WASPC may suspend or terminate this Agreement.
4.31 PUBLICITY
4.31.1 The award of this Grant to Grantee is not in any way an endorsement of Grantee or Grantee’s
Services by WASPC and must not be so construed by Grantee in any advertising or other
publicity materials.
4.31.2 Grantee agrees to submit to WASPC, all advertising, sales promotion, and other publicity
materials relating to this Agreement or any Service furnished by Grantee in which WASPC’s name
is mentioned, language is used, or Internet links are provided from which the connection of
WASPC’s name with Grantee’s Services may, in WASPC’s judgment, be inferred or implied.
Grantee further agrees not to publish or use such advertising, marketing, sales promotion
materials, publicity or the like through print, voice, the Web, and other communication media in
existence or hereinafter developed without the express written consent of WASPC prior to such
use.
4.32 RECORDS AND DOCUMENTS REVIEW
4.32.1 The Grantee must maintain books, records, documents, magnetic media, receipts, invoices or
other evidence relating to this Agreement and the performance of the services rendered, along
with accounting procedures and practices, all of which sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this Agreement. At no
additional cost, these records, including materials generated under this Agreement, are subject
at all reasonable times to inspection, review, or audit by WASPC, the Office of the State Auditor,
and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC
1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42
CFR § 447.202].
4.32.2 The Grantee must retain such records for a period of six (6) years after the date of final payment
under this Agreement.
4.32.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records must be retained until all litigation, claims, or audit findings involving the records have
been resolved.
4.33 REMEDIES NON-EXCLUSIVE
The remedies provided in this Agreement are not exclusive, but are in addition to all other remedies available
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under law.
4.34 RIGHT OF INSPECTION
The Grantee must provide right of access to its facilities to WASPC, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times, in
order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement.
4.35 RIGHTS IN DATA/OWNERSHIP
4.35.1 WASPC and Grantee agree that all data and work products (collectively “Work Product”)
produced pursuant to this Agreement and received by WASPC will be considered a work for hire
under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by WASPC. Grantee is
hereby commissioned to create the Work Product. Work Product includes, but is not limited to,
discoveries, formulae, ideas, improvements, inventions, methods, models, processes,
techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams,
drawings, Software, databases, documents, pamphlets, advertisements, books, magazines,
surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent
provided by law. Ownership includes the right to copyright, patent, register and the ability to
transfer these rights and all information used to formulate such Work Product.
4.35.2 If for any reason the Work Product would not be considered a work for hire under applicable law,
Grantee assigns and transfers to WASPC, the entire right, title and interest in and to all rights in
the Work Product and any registrations and copyright applications relating thereto and any
renewals and extensions thereof.
4.35.3 Grantee will execute all documents and perform such other proper acts as WASPC may deem
necessary to secure for WASPC the rights pursuant to this section.
4.35.4 Grantee will not use or in any manner disseminate any Work Product to any third party, or
represent in any way Grantee ownership of any Work Product, without the prior written
permission of WASPC. Grantee will take all reasonable steps necessary to ensure that its agents,
employees, or Subgrantees will not copy or disclose, transmit or perform any Work Product or
any portion thereof, in any form, to any third party.
4.35.5 Material that is delivered under this Agreement, but that does not originate therefrom
(“Preexisting Material”), must be transferred to WASPC with a nonexclusive, royalty-free,
irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such
Preexisting Material, and to authorize others to do so. Grantee agrees to obtain, at its own
expense, express written consent of the copyright holder for the inclusion of Preexisting
Material. WASPC will have the right to modify or remove any restrictive markings placed upon
the Preexisting Material by Grantee.
4.35.6 Grantee must identify all Preexisting Material when it is delivered under this Agreement and
must advise WASPC of any and all known or potential infringements of publicity, privacy or of
intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting
Material. Grantee must provide WASPC with prompt written notice of each notice or claim of
copyright infringement or infringement of other intellectual property right worldwide received
by Grantee with respect to any Preexisting Material delivered under this Agreement.
4.36 RIGHTS OF STATE AND FEDERAL GOVERNMENTS
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In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but not limited to the
Centers for Medicare and Medicaid Services (CMS), will have a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish, translate, or otherwise use, and to authorize others to use for Federal Government
purposes: (i) software, modifications, and documentation designed, developed or installed with Federal Financial
Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software and modifications of the Custom
Software, and associated Documentation designed, developed, or installed with FFP under this Agreement;
(iii) the copyright in any work developed under this Agreement; and (iv) any rights of copyright to which Grantee
purchases ownership under this Agreement.
4.37 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY
The Grantee must certify that Limited English Proficiency persons have meaningful access to the services under
this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency
(LEP). To ensure compliance with Title VI of the Safe Streets Act, the Grantee is required to take reasonable steps
to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing
language assistance services, including oral and written translation when necessary. The US Department of
Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance
document can be accessed on the internet at www.lep.gov.
4.38 SEVERABILITY
If any provision of this Agreement or the application thereof to any person(s) or circumstances is held invalid,
such invalidity will not affect the other provisions or applications of this Agreement that can be given effect
without the invalid provision, and to this end the provisions or application of this Agreement are declared
severable.
4.39 SITE SECURITY
While on WASPC premises, Grantee, its agents, employees, or Subgrantees must conform in all respects with
physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds
for revoking or suspending security access to these facilities. WASPC reserves the right and authority to
immediately revoke security access to Grantee staff for any real or threatened breach of this provision. Upon
reassignment or termination of any Grantee staff, Grantee agrees to promptly notify WASPC.
4.40 SUBGRANTING
4.40.1 Neither Grantee, nor any Subgrantees, may enter into subcontracts for any of the work
contemplated under this Agreement without prior written approval of WASPC. WASPC has sole
discretion to determine whether or not to approve any such subcontract. In no event will the
existence of the subcontract operate to release or reduce the liability of Grantee to WASPC for
any breach in the performance of Grantee’s duties.
4.40.2 Grantee agrees that any proposed subcontracts must be provided to WASPC for review no later
than 10 (ten) business days before such a subcontract’s effective date.
4.40.3 Grantee is responsible for ensuring that all terms, conditions, assurances and certifications set
forth in this Agreement are included in any subcontracts.
4.40.4 If at any time during the progress of the work WASPC determines in its sole judgment that any
Subgrantee is incompetent or undesirable, WASPC will notify Grantee, and Grantee must take
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immediate steps to terminate the Subgrantee's involvement in the work.
4.40.5 The rejection or approval by WASPC of any Subgrantee or the termination of a Subgrantee will
not relieve Grantee of any of its responsibilities under the Agreement, nor be the basis for
additional charges to WASPC.
4.40.6 WASPC has no contractual obligations to any Subgrantee or vendor under Agreement to the
Grantee. The Grantee is fully responsible for all obligations, financial or otherwise, to its
Subgrantees.
4.41 SURVIVAL
The terms and conditions contained in this Agreement that, by their sense and context, are intended to survive
the completion, cancellation, termination, or expiration of the Agreement will survive. The right of WASPC to
recover any Overpayments will also survive the termination of this Agreement.
4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION
4.42.1 CORRECTIVE ACTION PLAN—In the event that WASPC determines that the Grantee has failed or
is reasonably likely to fail to comply with any term(s) or condition(s) of this Agreement (to
include any and all attachments, references, appendices, or other documents included or
referenced herein), then WASPC will immediately take steps to mitigate any harmful effects of
such failure(s), and promptly prepare a Corrective Action Plan (CAP) with respect to such
failure(s) and outline the steps WASPC believes to be necessary to remedy such failure(s). In the
event that the Grantee is unable to complete the CAP, WASPC reserves it’s right to proceed with
Termination or Suspension as outlined in the General Terms of this Agreement.
SUSPENSION—If WASPC reasonably determines that the Grantee has failed or is reasonably
likely to fail to comply with any term(s) or condition(s) of this Agreement (to include any and all
attachments, references, appendices, or other documents included or referenced herein),
WASPC reserves the right to issue a Notice of Suspension to the Grantee. A Notice of Suspension
acts to suspend this Agreement in its entirety, including suspending payment for future services
provided by Grantee.
In the event a notice of suspension is issued, WASPC agrees to pay Grantee for all services
provided under this Agreement prior to the issuance of the Notice of Suspension.
WASPC reserves the right to reinstate an Agreement at its discretion by issuing a Notice of
Reinstatement, or to move forward with Termination as outlined in Section 4.40 of the General
Terms of this agreement.
TERMINATION FOR DEFAULT—In the event WASPC determines that Grantee has failed to comply
with the terms and conditions of a corrective action plan or the terms of this Agreement, WASPC
has the right to suspend or terminate this Agreement. WASPC will notify Grantee in writing of
the need to take corrective action. If corrective action is not taken within five (5) Business Days,
or other time period agreed to in writing by both parties, the Agreement may be terminated.
WASPC reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit Grantee from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by Grantee or a decision by WASPC to
terminate the Agreement.
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In the event of termination for default, Grantee will be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Agreement and the
replacement or cover Agreement and all administrative costs directly related to the replacement
Agreement, e.g., cost of the competitive bidding, mailing, advertising, and staff time.
If it is determined that Grantee: (i) was not in default, or (ii) its failure to perform was outside of
its control, fault or negligence, the termination will be deemed a “Termination for Convenience.”
TERMINATION FOR CONVENIENCE—When, at the reasonable discretion of either WASPC or
Grantee, it is in either party's best interest, both WASPC and Grantee may terminate this
Agreement in whole or in part by providing ten (10) calendar days' written notice to the other
party. If this Agreement is so terminated, each party will be liable only for payment in
accordance with the terms of this Agreement for service rendered prior to the effective date of
termination. No penalty shall accrue to either WASPC or Grantee in the event the termination
option in this section is exercised.
TERMINATION FOR NONALLOCATION OF FUNDS—If funds are not allocated to continue this
Agreement in any future period, WASPC may immediately terminate this Agreement by
providing written notice to the Grantee. The termination will be effective on the date specified in
the termination notice. WASPC will be liable only for payment in accordance with the terms of
this Agreement for services rendered prior to the effective date of termination. WASPC agrees to
notify Grantee of such nonallocation at the earliest possible time. No penalty will accrue to
WASPC in the event the termination option in this section is exercised.
TERMINATION FOR WITHDRAWAL OF AUTHORITY—In the event that the authority of WASPC to
perform any of its duties is withdrawn, reduced, or limited in any way after the commencement
of this Agreement and prior to normal completion, WASPC may immediately terminate this
Agreement by providing written notice to the Grantee. The termination will be effective on the
date specified in the termination notice. WASPC will be liable only for payment in accordance
with the terms of this Agreement for services rendered prior to the effective date of termination.
WASPC agrees to notify Grantee of such withdrawal of authority at the earliest possible time. No
penalty will accrue to WASPC in the event the termination option in this section is exercised.
TERMINATION FOR CONFLICT OF INTEREST—Both WASPC and Grantee may terminate this
Agreement by written notice to the other party if either WASPC or Grantee determines, after
due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and
performance of contracts, or Grantee's internal policy. In the event this Agreement is so
terminated, WASPC will be entitled to pursue the same remedies against the Grantee as it could
pursue in the event Grantee breaches the Agreement.
4.43 TERMINATION PROCEDURES
4.43.1 Upon termination of this Agreement, WASPC, in addition to any other rights provided in this
Agreement, may require Grantee to deliver to WASPC any property specifically produced or
acquired for the performance of such part of this Agreement as has been terminated.
4.43.2 WASPC will pay Grantee the agreed-upon price, if separately stated, for completed work and
services accepted by WASPC and the amount agreed upon by the Grantee and WASPC for (i)
completed work and services for which no separate price is stated; (ii) partially completed work
and services; (iii) other property or services that are accepted by WASPC; and (iv) the protection
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and preservation of property, unless the termination is for default, in which case WASPC will
determine the extent of the liability. Failure to agree with such determination will be a dispute
within the meaning of Section 4.13 Disputes. WASPC may withhold from any amounts due the
Grantee such sum as WASPC determines to be necessary to protect WASPC against potential loss
or liability.
4.43.3 After receipt of notice of termination, and except as otherwise directed by WASPC, Grantee
must:
• Stop work under the Agreement on the date of, and to the extent specified in, the notice;
• Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Agreement that is not
terminated;
• Assign to WASPC, in the manner, at the times, and to the extent directed by WASPC, all the
rights, title, and interest of the Grantee under the orders and subcontracts so terminated;
in which case WASPC has the right, at its discretion, to settle or pay any or all claims arising
out of the termination of such orders and subcontracts;
• Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of WASPC to the extent WASPC may require,
which approval or ratification will be final for all the purposes of this clause;
• Transfer title to and deliver as directed by WASPC any property required to be furnished to
WASPC;
• Complete performance of any part of the work that was not terminated by WASPC; and
• Take such action as may be necessary, or as WASPC may direct, for the protection and
preservation of the records related to this Agreement that are in the possession of the
Grantee and in which WASPC has or may acquire an interest.
4.44 WAIVER
Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or
subsequent breach or default. No term or condition of this Agreement will be held to be waived, modified, or
deleted except by a written instrument signed by the parties. Only the WASPC Authorized Representative has the
authority to waive any term or condition of this Agreement on behalf of WASPC.
4.45 WARRANTIES
4.45.1 Grantee represents and warrants that it will perform all services pursuant to this Agreement in a
professional manner and with high quality and will immediately re-perform any services that are
not in compliance with this representation and warranty at no cost to WASPC.
4.45.2 Grantee represents and warrants that it will comply with all applicable local, State, and federal
licensing, accreditation and registration requirements and standards necessary in the
performance of the Services.
4.45.3 Any written commitment by Grantee within the scope of this Agreement will be binding upon
Grantee. Failure of Grantee to fulfill such a commitment may constitute breach and will render
Grantee liable for damages under the terms of this Agreement. For purposes of this section, a
commitment by Grantee includes: (i) Prices, discounts, and options committed to remain in force
over a specified period of time; and (ii) any warranty or representation made by Grantee to
WASPC or contained in any Grantee publications, or descriptions of services in written or other
communication medium, used to influence WASPC to enter into this Agreement.
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SCHEDULE A: STATEMENT OF WORK
PURPOSE
WASPC intends to enter into an agreement with the Mason County Sheriff’s Office for purposes of
establishing /continuing an MHFR Program that adheres to RCW 36.28A.440, to establish and expand mental health field
response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises
involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary
goals.
WASPC RESPONSIBILITIES
1. WASPC will provide a Grant Manager to monitor all progress under the program. To accomplish this monitoring
function, WASPC staff may access de-identified data related to program services.
2. The Grant Manager shall provide timely response to Grantee communication.
Grantee RESPONSIBILITIES
1. Grantee must
1.1. Implement the Mental Health Field Response Program as described in their Project Narrative and Project
Timeline (as attached in “Exhibit A)”, with no unapproved substantive derivations. Requests for changes to this
scope of work, or services laid out in the applicant’s Project Narrative and Project Timeline can be made to
csanders@waspc.org. WASPC is under no obligation to grant such a request.
1.2. Include the following elements as central features of their program:
• Grantee must include at least one mental health professional, as defined in RCW 71.05.020, who will
perform field response professional services under the plan. A mental health professional may assist
patrolling law enforcement officers either in the field or in an on-call capacity.
• The mental health professional may also provide preventive, follow-up, training on mental health field
response best practices, or other services at the direction of the local law enforcement agency. Nothing
limits the mental health professional's participation to field patrol.
1.3. Implement the data collection tool as described elsewhere in the Agreement and enter information in an
accurate and timely manner.
1.4. Notify WASPC of any changes in the Agreement or program management.
1.5. Actively participate in any monitoring activities deemed necessary by WASPC.
1.6. Comply with any recommendations that arise from monitoring activities.
1.7. Participate in any WASPC sponsored or facilitated training relative to working with American Indian/Alaskan
Native individuals regarding disparities and needs, Indian health care delivery system, government-to-
government relationships, and applicable federal and state laws and regulations. American Indian/Alaskan
Native means any individual defined at 25 U.S.C. § 1603(1), § 1603(28), or § 1679(a) or who has been
determined eligible as an Indian, under 42 C.F.R. § 136.12.
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Special Considerations
1. To allow agencies to provide the best and most comprehensive services possible, WASPC allows funding to be
utilized for staffing of programs by properly credentialed and trained staff, at the following levels, under the stated
conditions:
1.1. Mental Health Professional (MHP) as defined by RCW 71.05.020:
• Programs must utilize an MHP as defined in RCW 71.05.020 to perform duties established in 36.28A.440(3):
“…assist patrolling officers in the field or in an on-call capacity, provide preventive, follow-up, training on
mental health field response best practices, or other services at the direction of the local law enforcement
agency.”
• MHPs should prioritize grant funded hours to providing services to individuals in crisis.
• MHPs must provide a minimum of 1 hour per week of direct one-on-one supervision to Non-MHPs as
required if the program utilizes non-MHPs.
1.2. Non-MHPs
• Unless licensed to do so, the non-MHP does not provide support or services that would require a license or
certification of any kind from the Washington State Department of Health, the Washington State
Healthcare Authority, or any other governing body with regulatory authority in Washington State.
• Individuals not meeting the definition of MHP as defined by RCW 71.05.020 may provide services under the
following circumstances:
o The non-MHP must receive a minimum of 1 hour per week of direct one-on-one supervision by a
licensed MHP,
o The non-MHP must immediately disengage with an individual that appears to be escalating to a
state of acute crisis or agitation that may present a threat to their physical safety and follow any
steps identified by agency policy.
o Prior to providing services and no less than yearly, the non-MHP must participate in training
relevant to all of the following topics:
• Interacting with and providing social services to individuals with mental health
conditions, to include Substance Use Disorder,
• Program policies and standard operating procedures,
• Necessary and practical physical safety precautions that must be taken when
interacting with community members served by the program,
• Necessary and practical techniques to avoid work related vicarious trauma and
burn-out,
• Please note that the training listed above is meant to represent a bare minimum
standard to which all non-MHPs paid for using funds under this Agreement must
adhere. WASPC expects that agencies will ensure that all of these requirements are
met.
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2. Law Enforcement
o WASPC places no conditions or limitations on the program’s use of sworn law enforcement staff
that are included in “SCHEDULE B - Approved Budget.”
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SCHEDULE B: APPROVED BUDGET
DEFINITIONS
“Personnel” represents the base salary and wages to individuals employed by the grantee that directly support the
program. This does not include any benefits expenses paid by the grantee. Personnel expenses mut be substantiated
with time and effort reporting (timesheets). (2 CFR § 200.430(i))
“Fringe Benefits” represents allowances and services provided by the grantee to their employees as compensation in
addition to regular salaries and wages. Fringe benefits include, but are not limited to, the costs of leave (vacation, family-
related, sick or military), employee insurance, pensions, and unemployment benefit plans. (2 CFR § 200.431(a))
“Travel” represents transportation, lodging, subsistence, and related expenses incurred by employees who are in travel
status on program related business. All expenses charged to this category must be applied and allocated consistently
throughout the term of the award. (2 CFR § 200.475)
“Equipment” represents property with an acquisition cost of $5,000 or more, and a useful life of one or more years. (2
CFR § 200.1)
“Supplies” represents tangible property other than those described in the definition of equipment. (2 CFR § 200.1)
“Consultants/Contracts” represents the total dollar amount budgeted for the execution of contracts and agreements
with parties not employed by the grantee. Professional and consultant services are rendered by persons who are
members of a particular profession or possess a special skill, and who are not officers or employees of the grantee. These
costs must be reasonable in relation to the services provided. (2 CFR § 200.459)
“Other” represents costs not described in or allocated to another category.
“Indirect” represents those expenses that are related to the conduct of program activities, but that can not be directly
attributable to any particular project. Indirect costs for this award are capped and are not to exceed 15% of actual
eligible expenses. (2 CFR § 200.414)
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2025-2026 Approved Budget (Year 1)
July 1, 2025 to June 30, 2026
Budget Category Amount Awarded
A. Personnel $0.00
B. Fringe Benefits $0.00
C. Travel $0.00
D. Equipment $0.00
E. Supplies $0.00
F. Consultants/Contracts $176,148.36
G. Other $0.00
H. Indirect $0.00
TOTAL 2025-2026 AWARD $176,148.36
Please note that the “Approved Budget 2025-2026” is the final approved budget for your program during that state
fiscal year. Unspent amounts from the 2025-2026 fiscal year will be forfeited by the grantee and will not be added to
the following fiscal year’s budget amounts.
Funds awarded under this Agreement must be expended as outlined in “EXHIBIT B—FINAL BUDGET SUBMISSION (As
Attached)” unless otherwise noted in the “2025-2026 APPROVED BUDGET NARRATIVE”.
2025-2026 APPROVED BUDGET NARRATIVE:
• Grant to support subcontract with Mason County Public Health who will subcontract with Olympic Health and
Recovery to provide two additional clinician co-responders. Exhibit B—Final Budget Submission reflects actual
figures provided by Olympia Health and Recovery.
• To remain in compliance with RCW 36.28A.440, the Washington Association of Sheriffs and Police Chiefs
(WASPC) will contract with the Mason County Sheriff's Office. The Sheriff's Office will establish an
interdepartmental agreement enabling Mason County Public Health to contract with Olympic Health and
Recovery Services (OHRS). This agreement will expand upon an existing partnership and support the Sheriff's
Office in implementing a co-response model—either in the field or in an on-call capacity. OHRS will provide
one Certified Peer Counselor and one Behavioral Health Clinician to assist with crisis response and deliver
training on best practices.
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2026-2027 Approved Budget (Year 2)
July 1, 2026 to June 30, 2027
Budget Category Amount Awarded
A. Personnel
$0.00
B. Fringe Benefits
$0.00
C. Travel
$0.00
D. Equipment
$0.00
E. Supplies
$0.00
F. Consultants/Contracts
$201,755.80
G. Other
$0.00
H. Indirect
$0.00
TOTAL 2026-2027 AWARD $201,755.80
Please note that the “Approved Budget 2026-2027” is the final approved budget for your program during that state
fiscal year.
Funds awarded under this Agreement must be expended as outlined in “EXHIBIT B—FINAL BUDGET SUBMISSION (As
Attached)” unless otherwise noted in the “2026-2027 APPROVED BUDGET NARRATIVE”.
2026-2027 APPROVED BUDGET NARRATIVE:
• Grant to support subcontract with Mason County Public Health who will subcontract with Olympic Health and
Recovery to provide two additional clinician co-responders. Exhibit B—Final Budget Submission reflects actual
figures provided by Olympia Health and Recovery.
• To remain in compliance with RCW 36.28A.440, the Washington Association of Sheriffs and Police Chiefs
(WASPC) will contract with the Mason County Sheriff's Office. The Sheriff's Office will establish an
interdepartmental agreement enabling Mason County Public Health to contract with Olympic Health and
Recovery Services (OHRS). This agreement will expand upon an existing partnership and support the Sheriff's
Office in implementing a co-response model—either in the field or in an on-call capacity. OHRS will provide
one Certified Peer Counselor and one Behavioral Health Clinician to assist with crisis response and deliver
training on best practices.
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EXHIBITS
(As Attached)
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Page 1 of 17
SUBRECIPIENT AGREEMENT
BETWEEN
MASON COUNTY SHERIFF’S OFFICE
AND
OLYMPIC HEALTH & RECOVERY SERVICES (OHRS)
This Agreement is made between Mason County Sheriff’s Office (MCSO) (herein called the Local
Government) and Olympic Health & Recovery Services (OHRS) (herein called Subrecipient) for Mental
Health Field Response Services (WASPC Grant MHFR-25-008) (herein called the Project).
As the Washington Association of Sheriffs & Police Chiefs (WASPC) is authorized the State of
Washington to provide funds to units of local government selected to undertake and carry out projects
under the WASPC in compliance with all applicable local, state, and federal laws, regulations and
policies; and
As the Local Government has applied for and received a WASPC award, contract number MHFR-25-
008, to fund the Project with Washington State funding; and
As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and
the objectives of the local WASPC project;
The parties agree that:
1. SCOPE OF SERVICES
A. Local Government Responsibilities
The Local Government is responsible for administration of the WASPC contract, and ensuring
WASPC funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its
WASPC contract with WASPC referenced above. The Local Government will provide such
assistance and guidance to the Subrecipient as may be required to accomplish the objectives and
conditions set forth in this Agreement.
The Local Government is responsible for completing the following tasks to accomplish the
objectives of the Project:
Principal Tasks
• Execute contract with WASPC
• Execute sub-recipient AGREEMENT
• Establish administrative and other record keeping systems
• Process and submit payment requests and any WASPC Beneficiary Reports
• Formulate and implement a sub-recipient monitoring plan and conduct on-site review
• Ensure grant activities are completed
• Complete the grant close-out process with WASPC
B. Subrecipient Responsibilities
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The Subrecipient will complete in a satisfactory and proper manner as determined by the Local
Government the following tasks to accomplish the Scope of Work as referenced in Attachment A
of this Agreement. The Subrecipient will periodically meet with the Local Government to review
the status of these tasks.
Principal Tasks
1. Personnel & Staffing: Employ and supervise two qualified mental health professionals as defined in RCW
71.05.020. Ensure staff maintain appropriate licensure and training in crisis response and de-escalation.
2. Services: Provide field-based co-response services, crisis intervention, referral, follow-up, and training for
deputies on behavioral health response.
3. Collaboration: Work closely with the Sheriff’s Office, participate in program meetings, and attend WASPC-
sponsored training.
4. Data Collection & Reporting: Enter service data into the JULOTA Reach system and provide monthly
program reports to Mason County.
5. Program Goals: Reduce incarceration and ER use, increase diversion to services, and improve outcomes
for individuals experiencing crisis.
2. TIME OF PERFORMANCE
The effective date of this Agreement will be the date the parties sign and complete execution of
this agreement and will be in effect for the time period during which the Subrecipient remains in
control of WASPC funds or other WASPC assets.
3. AGREEMENT REPRESENTATIVES
Each party to this Agreement shall have a representative. Each party may change its
representative upon providing written notice to the other party. The parties’ representatives are
as follows:
A. Subrecipient: Olympic Health & Recovery Services (OHRS)
Name of Representative: Joe Avalos, OHRS Administrator
Mailing Address: 670 Woodland Square Loop SE, Suite 301
City, State and Zip Code: Lacey, WA 98503
Telephone Number: 360-763-5828
E-mail Address: joe.avalos@tmbho.org
Federal EIN: 47-5326968
B. Local Government: Mason County Sheriff’s Office
Name of Representative: Trevor Severance
Title: Lieutenant
Mailing Address: 411 N 5th Street
City, State and Zip Code: Shelton, WA 98584
Telephone Number: 360-427-9670 ext 112
Fax Number: 360-427-9670
E-mail Address: tseverance@masoncountywa.gov
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4. BUDGET
The Local Government will pass through to the Subrecipient no more than $377,904.15 in WASPC
funds for eligible incurred costs and expenses for the Project according to the following budget.
Project Budget Budgeted Amount
July 1, 2025 – June 30, 2026 $176,148.35
July 1, 2026 – June 30, 2027 $201,755.80
Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the
Subrecipient shall provide their indirect cost rate that has been negotiated between their entity
and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of
Modified Total Direct Costs (MTDC) will be used.
“Modified Total Direct Costs” shall mean all direct salaries and wages, applicable fringe benefits,
materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless
of the period of performance of the subawards under the award). MTDC excludes equipment,
capital expenditures, and rental costs.
Any amendments to this Agreement’s Budget must first be determined by the Local Government
as consistent with its WASPC contract and then approved in writing by the Local Government and
the Subrecipient.
5. PAYMENT
The Local Government shall reimburse the Subrecipient in accordance with the payment
procedures outlined in the WASPC contract.
Reimbursement under this Agreement will be based on billings, supported by appropriate
documentation of costs actually incurred. It is expressly understood that claims for
reimbursement will not be submitted in excess of actual, immediate cash requirements necessary
to carry out the purposes of the agreement. Funds available under this Agreement will be
utilized to supplement rather than supplant funds otherwise available.
It is understood that this Agreement is funded in whole or in part with WASPC funds through
Washington State and is subject to those regulations and restrictions normally associated with
State-funded programs and any other requirements that the State may prescribe.
6. PERFORMANCE MONITORING
The Local Government will monitor the performance of the Subrecipient by tracking project
progress, reviewing payment requests for applicable costs, managing the timely pass-through of
WASPC funds, overseeing compliance with State requirements, and ensuring recordkeeping and
audit requirements are met. Substandard performance as determined by the Local Government
will constitute noncompliance with this Agreement.
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If action to correct such substandard performance is not taken by the Subrecipient within 30 days
after being notified by the Local Government, contract suspension or termination procedures will
be initiated.
7. SPECIAL CONDITIONS
A. Withholding Payment:
In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT
within the times set forth in the AGREEMENT, the LOCAL GOVERNMENT may, upon written
notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without
penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under
this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages,
provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB-
RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days
after it determines to withhold amounts otherwise due. A determination of the
Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or
the amount required to cure any alleged failure to perform shall be deemed conclusive under
this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any
of the following actions: (1) cure any failure or default, (2) to pay any amount so required to
be paid and to charge the same to the account of the SUB-RECIPIENT, (3) to set off any
amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the
event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or
damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL
GOVERNMENT under this clause.
B. Labor Standards:
SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in
accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act
of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act
providing for weekly payment of prevailing wages, minimum overtime pay, and providing that
no laborer or mechanic shall be required to work in surroundings or under conditions which
are unsanitary, hazardous, or dangerous to health and safety as determined by regulations
promulgated by the Federal Secretary of Labor and/or the State of Washington.
C. Waiver of Noncompetition:
SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to
or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT
further promises that it will not in the future, directly or indirectly, induce or solicit any
person or corporation to refrain from submitting a bid or proposal to or from performing
work or providing supplies to the LOCAL GOVERNMENT.
D. Ownership of Items Produced:
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All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT
and/or its consultants or sub-contractors, in connection with performance of this
AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT.
E. E-verify:
The E-Verify contractor program for Mason County applies to contracts of $100,000 or more
and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUB-
RECIPIENT represents and warrants that it will, for at least the duration of the AGREEMENT,
register and participate in the status verification system for all newly hired employees. The
term “employee” as used herein means any person that is hired to perform work for Mason
County. As used herein, “status verification system: means the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 that is operated by the United States Department of
Homeland Security, also known as the E-Verify Program, or any other successor electronic
verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records
of such compliance and, upon request of the LOCAL GOVERNMENT, to provide a copy of each
such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and
warrants that any person assigned to perform services hereunder meets the employment
eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT
understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to
the following: (a) termination of the AGREEMENT and ineligibility for any Mason County
contract for up to three (3) years, with notice of such cancellation/termination being made
public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for
any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss
of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through
this website: www.uscis.gov
F. Disputes:
Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of
the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT at the
earliest possible time in order that such matters may be settled or other appropriate action
promptly taken. Except for such objections as are made of record in the manner hereinafter
specified and within the time limits stated, the records, orders, rulings, instructions, and
decisions of the Administrative Officer shall be final and conclusive.
G. Notice of Potential Claims:
Subrecipient shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer
or LOCAL GOVERNMENT, or (2) the happening of any event or occurrence, unless
Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten
(10) days of the commencement of the act, failure, or event giving rise to the claim, and
before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set
forth the reasons for which Subrecipient believes additional compensation or extension of
time is due, the nature of the cost involved, and insofar as possible, the amount of the
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potential claim. Subrecipient shall keep full and complete daily records of the work
performed, labor and material used, and all costs and additional time claimed to be
additional.
H. Detailed Claim:
Subrecipient shall not be entitled to claim any such additional compensation, or extension of
time, unless within thirty (30) days of the accomplishment of the portion of the work from
which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has
given LOCAL GOVERNMENT a detailed written statement of each element of cost or other
compensation requested and of all elements of additional time required, and copies of any
supporting documents evidencing the amount or the extension of time claimed to be due.
I. Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either
in court or pursuant to the arbitration provision), and consistent with the provisions
hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or
related to the AGREEMENT or otherwise, including issues of specific performance, shall be
determined by arbitration in Shelton, Washington, under the applicable American Arbitration
Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT. There
shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration
demand, or if not, by the AAA or any other group having similar credentials. Any issue about
whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The
arbitrator shall apply substantive law and may award injunctive relief, equitable relief
(including specific performance), or any other remedy available from a judge, including
expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not
have the power to award punitive damages. The decision of the arbitrator shall be the sole
and exclusive remedy between them regarding any dispute presented or pled before the
arbitrator. At the request of either party made no later than forty-five (45) days after the
arbitration demand, the PARTIES agree to submit the dispute to nonbinding mediation, which
shall not delay the arbitration hearing date; provided, that either party may decline to
mediate and process with arbitration.
J. Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of the AGREEMENT, the venue of such action of litigation shall be in the
courts of the State of Washington in and for the County of Mason, or a neighboring county in
the event of a conflict of interest. Unless otherwise specified herein, this AGREEMENT shall be
governed by the laws of Mason County and the State of Washington.
K. Communication:
Page 7 of 17
Subrecipient will not communicate directly with WASPC concerning this PROJECT without
prior notice to LOCAL GOVERNMENT.
8. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with:
• All applicable Federal, State and Local laws, regulations, and policies, governing the
funds provided under this Agreement.
B. Independent Contractor
Nothing contained in this Agreement is intended to, or will be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Subrecipient will at all times remain an “independent contractor” with respect to the
services to be performed under this Agreement. The Local Government will be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent
contractor.
C. Hold Harmless
The Subrecipient will hold harmless, defend and indemnify the Local Government from any
and all claims, actions, suits, charges and judgments whatsoever that arise out of the
Subrecipient’s performance or nonperformance of the services or subject matter called for
in this Agreement.
D. Workers’ Compensation
The Subrecipient will provide Workers’ Compensation Insurance Coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance and Bonding
The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss
due to theft, fraud and/or undue physical damage, and as a minimum will purchase a
blanket fidelity bond covering all employees in an amount equal to cash advances from the
Local Government as detailed in “Exhibit C Insurance Requirements.”
The Subrecipient shall furnish the Local Government with properly executed certificate of
insurance or a signed policy endorsement which shall clearly evidence all insurance
required in this section prior to commencement of services. The certificates will, at a
minimum, list limits of liability and coverage. The certificate will provide that the underlying
insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior
written notice to the Local Government.
G. Funding Source Recognition
The Subrecipient will insure recognition of the roles of WASPC, the State of Washington,
and the Local Government in providing services through this Agreement. All activities,
Page 8 of 17
facilities and items utilized pursuant to this Agreement will be prominently labeled as to
funding source.
H. Amendments
The Local Government or Subrecipient may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and approved by
the Local Government’s governing body. Such amendments will not invalidate this
Agreement, nor relieve or release the Local Government or Subrecipient from its obligations
under this Agreement.
I. Suspension or Termination
In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this
Agreement if the Subrecipient materially fails to comply with any terms of this Agreement,
which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statues, regulations, executive orders, and policies or directives as may become
applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement.
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Local Government of reports that are incorrect or
incomplete in any material respect.
In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the
Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to
be terminated. However, if in the case of a partial termination, the Local Government
determines that the remaining portion of the award will not accomplish the purpose for
which the award was made, the Local Government may terminate the award in its entirety.
9. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient will administer its program in conformance with 2 CFR 200. These
principles will be applied for all costs incurred whether charged on a direct or indirect
basis.
3. Duplication of Costs
Page 9 of 17
The Subrecipient certifies that work to be performed under this Agreement does not
duplicate any work to be charged against any other contract, subcontract or other
source.
B. Documentation and Record Keeping
1. Records to Be Maintained
The Subrecipient will maintain all records required by the law of the State of
Washington that are pertinent to the activities to be funded under this Agreement.
2. Access to Records and Retention
The grantee, WASPC, and other authorized representatives of the state and federal
governments shall have access to any books, documents, papers and records of the
Subrecipient that are directly pertinent to this Agreement for the purposes of making
audit, examination, excerpts and transcriptions.
All such records and all other records pertinent to this Agreement and work undertaken
under this Agreement will be retained by the Subrecipient for a period of six years after
final audit of the Local Government’s WASPC project, unless a longer period is required
to resolve audit findings or litigation. In such cases, the Local Government will request a
longer period of record retention.
3. Audits and Inspections
All Subrecipient records with respect to any matters covered by this Agreement will be
made available to the Local Government and duly authorized officials of the state and
federal government, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within
30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this Agreement and may result in
the withholding of future payments.
C. Reporting
1. Periodic Reports
The Subrecipient, at such times and in such forms as the Local Government may require,
will furnish the Local Government such periodic reports as it may request pertaining to
the work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by
this Agreement.
D. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color,
creed, religion, sex or national origin, be excluded from participation in, be denied the
Page 10 of 17
benefits of, or be subjected to discrimination under any program or activity receiving
federal financial assistance.
B. Conduct
1. Assignability
The Subrecipient will not assign or transfer any interest in this Agreement without the
prior written consent of the Local Government thereto; provided, however, that claims
for money due or to become due to the Subrecipient from the Local Government under
this contract may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer will be furnished
promptly to the Local Government and WASPC.
2. Conflict of Interest
No member of the Local Government’s governing body and no other public official of
such locality, who exercises any functions or responsibilities in connection with the
planning or carrying out of the project, will have any personal financial interest, direct or
indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure
compliance.
The Subrecipient covenants that its employees have no interest and will not acquire
interest, direct or indirect, in the study area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of services
hereunder. The Subrecipient further covenants that in the performance of this
Agreement, no person having such interest will be employed.
3. Debarment
A. Grantee, defined as the primary participant and its principals, certifies by signing these
General Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public or private agreement or transaction,
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen
property, making false claims, or obstruction of justice;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
federal Executive Order 12549; and
iv. Have not within a three-year period preceding the signing of this Grant had one or more public
transactions (Federal, State, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall
attach an explanation to this Grant.
C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the State of WA.
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D. The Grantee further agrees by signing this Grant that it will include the clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,” as follows, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
i. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
contractor shall attach an explanation to this Grant.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction
person, primary covered transaction, principal, and voluntarily excluded, as used in this section have
the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations.
D. Copyright
If this Agreement results in any copyrightable material or inventions, the Local Government
and/or WASPC reserves the right to royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials
for governmental purposes.
E. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious
instruction, or proselytization.
10. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement will not be
affected thereby and all other parts of this Agreement will nevertheless be in full force and effect.
11. PERFORMANCE WAIVER
The Local Government’s failure to act with respect to a breach by the Subrecipient does not
waive its right to act with respect to subsequent or similar breaches. The failure of the Local
Government to exercise or enforce any right or provision will not constitute a waiver of such right
or provision.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Local Government and the
Subrecipient for the use of funds received under this Agreement and it supersedes all prior
communications and proposals, whether electronic, oral, or written between the Local
Government and the Subrecipient with respect to this Agreement.
The attachments to this Agreement are identified as follows:
Exhibit A Scope-of-Work
Exhibit B Budget
Exhibit C Insurance Requirements
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Exhibit D Certificate of Insurance
IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as
of the date and year last written below.
MASON COUNTY SHERIFFS OFFICE, WASHINGTON OLYMPIC HEALTH & RECOVERY SERVICES
By: _____________________________________ By: ____________________________________
Ryan Spurling, Mason County Sheriff Joe Avalos, Administrator
Title: ___________________________________ Title: __________________________________
Date: ___________________________________ Date: __________________________________
Approved As To Form:
___________________________________________
Tim Whitehead, Chief DPA
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EXHIBIT A
SCOPE-OF -WORK
Olympic Health & Recovery Services (OHRS) will be responsible for completing the tasks and activities
below as well as others as detailed throughout this AGREEMENT. It is OHRS responsibility to review,
understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an
exhaustive list.
SUB-RECIPIENT will:
1. Personnel & Staffing: Employ and supervise two qualified mental health professionals as defined in
RCW 71.05.020. Ensure staff maintain appropriate licensure and training in crisis response and de-
escalation.
2. Services: Provide field-based co-response services, crisis intervention, referral, follow-up, and
training for deputies on behavioral health response.
3. Collaboration: Work closely with the Sheriff’s Office, participate in program meetings, and attend
WASPC-sponsored training.
4. Data Collection & Reporting: Enter service data into the JULOTA Reach system and provide monthly
program reports to Mason County Sheriff’s Office.
5. Program Goals: Reduce incarceration and ER use, increase diversion to services, and improve
outcomes for individuals experiencing crisis.
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EXHIBIT B
Budget
1. The maximum compensation under this Agreement shall not exceed $377,904.15, reimbursable in
accordance with Attachment B: Budget.
- Year 1 (July 1, 2025 – June 30, 2026): $176,148.35
- Year 2 (July 1, 2026 – June 30, 2027): $201,755.80
Payments will be made on a reimbursement basis upon submission of monthly invoices with supporting
documentation. No advance payments will be made.
2. Staff charging time to the WASPC grant must record actual hours worked on a timesheet.
Timesheets are to be signed, certifying that the hours charged are for time spent providing WASPC
grant-related services.
3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT.
4. Financial policies, practices and processes must adhere to the requirements detailed in this
AGREEMENT and as well as applicable Mason County's (LOCAL GOVERNMENT) policies and
procedures.
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EXHIBIT C
INSURANCE REQUIREMENTS
1. MINIMUM Insurance Requirements:
A. Commercial General Liability Insurance using Insurance Services Office “Commercial General
Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for
an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition
to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by
law with employer’s liability limits no less than $1,000,000 per accident for all covered losses.
C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-
owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident,
combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or
SUB-RECIPIENT’s employees will use personal autos in any way on this project, SUB-RECIPIENT
shall obtain evidence of personal auto liability coverage for each such person.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Such policy or policies
shall include as insureds those covered by the underlying policies, including additional insureds.
Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be
no cross liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT,
subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of
LOCAL GOVERNMENT following receipt of proof of insurance as required herein.
2. Certificate of Insurance:
A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance."
3. Basic Stipulations:
A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as
additional insureds LOCAL GOVERNMENT, its officials, employees and agents, using ISO
endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO
endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s,
subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT
(hereinafter “indemnifying PARTIES”) to comply with these provisions.
B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT regardless of
the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise.
C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB-
RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to
LOCAL GOVERNMENT, or must specifically allow the named insured to waive subrogation prior to a
loss.
D. All coverage types and limits required are subject to approval, modification and additional
requirements by LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or
limits of coverage that may affect LOCAL GOVERNMENT’s protection without LOCAL
GOVERNMENT’s prior written consent.
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E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates
of insurance shall be delivered to LOCAL GOVERNMENT prior to the execution of this Contract. If such
proof of insurance is not delivered as required, or if such insurance is canceled at any time and no
replacement coverage is provided, LOCAL GOVERNMENT has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT
shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB-
RECIPIENT.
F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be
provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non-
contributing basis in relation to any other insurance or self-insurance available to LOCAL
GOVERNMENT.
G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the
insurance required herein and further agrees that it will not allow any indemnifying party to self- insure
its obligations to LOCAL GOVERNMENT. If SUB-RECIPIENT’s existing coverage includes a self-
insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The
LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or
elimination of the self-insured retention, substitution of other coverage, or other solutions.
H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, or
its employees or agents face an exposure from operations of any type pursuant to this Contract. This
obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of
this obligation is not effective until LOCAL GOVERNMENT executes a written statement to that effect.
Page 17 of 17
EXHIBIT D
CERTIFICATE OF INSURANCE
MASON COUNTY
INTER‑DEPARTMENTAL AGREEMENT (IDA) Between Mason County Sheriff’s Office (MCSO) and Mason County Public Health (MCPH) Re: Administration of the Subrecipient Agreement with Olympic Health & Recovery Services (OHRS) for the Mental Health Field Response (MHFR) Program funded by the Washington Association of Sheriffs and Police Chiefs (WASPC), Contract MHFR‑25‑008
1. Parties and Purpose This Inter‑Departmental Agreement ("Agreement" or "IDA") is entered into by and between Mason County Sheriff’s Office (MCSO) and Mason County Public Health (MCPH), each a department of Mason County, Washington. MCSO is the lead recipient of WASPC MHFR funding and has executed a subrecipient agreement with OHRS to deliver co‑response behavioral‑health services. The purpose of this IDA is to delegate and document MCPH’s administrative, fiscal, and compliance support to administer the OHRS subrecipient agreement on behalf of MCSO while preserving MCSO’s programmatic leadership and accountability to WASPC.
2. Term This Agreement is effective upon the last signature below and continues through grant close‑out of WASPC Contract MHFR‑25‑008, including any amendments or extensions thereto, and through the end of the applicable records‑retention period described in Section 11, unless terminated earlier under Section 14.
3. Authority This Agreement is executed under the general home‑rule and contracting authority of Mason County and in alignment with state and federal grant requirements applicable to the WASPC MHFR award and the executed subrecipient agreement with OHRS. Nothing in this IDA alters statutory duties of either department.
4. Roles and Responsibilities
4.1 MCSO (Program Lead)
• Program Direction. Provide programmatic leadership, set scope and outcomes for the MHFR effort, and coordinate law‑enforcement operations and co‑response deployment.
• Subrecipient Relationship. Remain the County’s lead department party to the OHRS subrecipient agreement and approve all substantive contract actions (amendments, scope changes, budget revisions) prior to execution.
• Invoice Approval. Review and approve OHRS invoices prepared/processed by MCPH before submission for payment; determine allowability and alignment with program scope.
• Reporting to WASPC. Lead submission of required WASPC beneficiary/program reports; MCPH will prepare fiscal sections and supply data as needed.
• Data Governance. Ensure CJIS and law‑enforcement confidentiality requirements are met; designate a program manager as the MCSO Agreement Representative (Section 16).
• Monitoring Oversight. Participate in and endorse MCPH’s subrecipient monitoring plan, including entrance/exit conferences and corrective‑action approvals.
4.2 MCPH (Administrative & Fiscal Agent for Subrecipient Administration) MCPH is designated the County’s administrative and fiscal agent for the OHRS subrecipient agreement. MCPH shall:
• Contract Administration. Maintain the OHRS subrecipient file; manage deliverables, notices, and routine correspondence; draft amendments at MCSO’s direction.
• Fiscal Management. Process OHRS invoices; verify allowability, allocability, and reasonableness; maintain ledgers; prepare draw/down or pass‑through requests; and coordinate payment through County fiscal processes.
• Subrecipient Monitoring. Develop and execute a risk‑based monitoring plan (desk reviews and on‑site reviews), including testing of payroll/timesheets, procurement, insurance, debarment checks (SAM), and performance metrics. Issue monitoring letters and track corrective actions.
• Reporting Support. Compile monthly/quarterly fiscal and output data; coordinate with OHRS on JULOTA/Reach entries; transmit MCPH‑prepared reporting elements to MCSO for final submission to WASPC.
• Compliance. Administer requirements of 2 CFR Part 200 (as applicable to pass‑through entities), state grant conditions, County policies, E‑Verify, insurance/indemnification, and recordkeeping/audit access.
• Documentation & Retention. Maintain complete administrative, fiscal, and monitoring records for the OHRS subaward in accordance with Section 11.
• Communication Protocol. Communicate with WASPC on administrative/fiscal matters only when delegated by MCSO, copying MCSO on such communications.
• Training & Technical Assistance. Provide grant‑compliance guidance to OHRS and MCSO staff, and coordinate participation in WASPC‑sponsored trainings.
5. Budget and Allowable Costs 1) The OHRS subrecipient budget and any indirect‑cost provisions are as established in the executed OHRS subrecipient agreement and any amendments. MCPH shall ensure reimbursement is limited to eligible and documented costs within the approved budget. 2) Internal MCPH administrative costs for performing this IDA may be recovered only if and to the extent allowable by the WASPC award and County policy, and shall be tracked in a distinct project code and disclosed to MCSO.
6. Flow of Funds & Invoicing
1) Subrecipient to MCPH. OHRS submits monthly invoices with supporting documentation to MCPH. 2) Review. MCPH reviews for completeness, allowability, and budget alignment; requests corrections as needed. 3) Approval. MCPH forwards a payment packet (invoice, review checklist, ledger detail) to MCSO for written approval. 4) Payment. Upon MCSO approval, MCPH coordinates payment per County fiscal procedures and maintains the pass‑through ledger. 5) Cash Management. Claims will reflect immediate cash needs and avoid advance payments unless expressly authorized by WASPC and County policy.
7. Program Data, Privacy, and Information Security 1) Minimum Necessary. The parties will exchange only the minimum information necessary to administer the subaward and report outcomes. 2) PHI & HIPAA. To the extent MCPH may access protected health information (PHI) from OHRS in its administrative role, MCPH shall handle such information consistent with HIPAA and County privacy policies. If a Business Associate Agreement is required, the parties will execute it as an attachment to this IDA. 3) CJIS/LE Records. MCSO retains control of criminal‑justice information; any sharing with MCPH for administrative purposes will comply with CJIS security policy and applicable law.
8. Procurement & Subcontracting by OHRS MCPH shall verify that OHRS follows applicable procurement standards and includes required debarment/suspension certifications and insurance when issuing lower‑tier contracts funded by the subaward.
9. Insurance and Risk Management MCPH shall confirm OHRS maintains insurance meeting County requirements and keeps current certificates on file; exceptions require County Risk approval. Any claims or incidents related to subaward activities will be promptly reported to both departments and County Risk.
10. Subrecipient Monitoring & Corrective Action MCPH will issue monitoring reports to OHRS with findings, concerns, and required corrective actions and deadlines. MCSO will review and co‑sign monitoring correspondence. Failure by OHRS to remedy deficiencies may lead to invoice withholding, suspension, or termination under the subrecipient agreement, as directed by MCSO.
11. Records, Access, and Retention All financial and program records, supporting documents, and monitoring files related to the subaward will be retained for six (6) years after final audit and close‑out of the WASPC project, or longer if required to resolve audit findings or litigation. Authorized County, state, or federal officials may access such records upon reasonable notice.
12. Reporting MCPH will prepare monthly activity/fiscal summaries and contribute to WASPC beneficiary and performance reports; MCSO will consolidate and submit official reports to WASPC. Deadlines will be established in a shared reporting calendar.
13. Publicity and Funding Source Recognition Both departments will ensure appropriate recognition of WASPC, the State of Washington, and Mason County in materials related to the project consistent with grant guidance.
14. Amendment, Suspension, and Termination
• Amendment. This IDA may be amended in writing by mutual consent of the parties.
• Suspension/Termination. Either party may suspend or terminate this IDA, in whole or in part, with 30 days’ written notice if the other materially fails to comply with its obligations or if required by grantor direction or loss of funding. The parties will coordinate to protect County interests and ensure orderly close‑out.
15. Dispute Resolution The parties will seek prompt, informal resolution through their designated Agreement Representatives. If unresolved, the issue may be elevated to the County Administrator (or designee) for determination consistent with County policy.
16. Agreement Representatives For MCSO Name/Title: ________________________________ Address: 411 N 5th Street, Shelton, WA 98584 Phone/Email: ________________________________ For MCPH Name/Title: ________________________________ Address: ________________________________________________ Phone/Email: ________________________________ Either party may update its representative by written notice to the other.
17. Entire Agreement; Order of Precedence This IDA constitutes the entire understanding between MCSO and MCPH regarding MCPH’s administration of the OHRS subrecipient agreement. In the event of conflict among documents, the order of precedence is: (1) WASPC grant award/terms and applicable laws and regulations; (2) the executed OHRS subrecipient agreement (and amendments); (3) this IDA; and (4) County policies and procedures.
18. Signatures IN WITNESS WHEREOF, the parties have executed this Inter‑Departmental Agreement as of the dates below. MASON COUNTY SHERIFF’S OFFICE By: __________________________________ Date: ____________ Name/Title: ____________________________ MASON COUNTY PUBLIC HEALTH By: __________________________________ Date: ____________ Name/Title: ____________________________ Approved as to Form: _______________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: Central Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☒
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 2025
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Surplus of Real Property at 141 W Hemlock, Elma WA Parcel No. 61930-51-00075
Background/Executive Summary:
Parcel no. 61930-51-00075 Easement is owned by Mason County and has been deemed to be considered
surplus ownership.
Budget Impact (amount, funding source, budget amendment, etc.):
Sale amount unknown at this time
Public Outreach:
Notice of Hearing on October 14, 2025.
Requested Action:
Approval to set a Public Hearing for Tuesday, October 14, 2025, at 9:15 a.m. to consider surplus of real
property at 141 W Hemlock, Elma WA, parcel no. 61930-51-00075.
Attachment(s):
Notice Of Hearing
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton,
WA 98584 on Tuesday, October 14th, 2025 at 9:15 a.m.
SAID HEARING will be to take public comment on the surplus of 141 W Hemlock, Elma
WA Parcel No. 61930-51-00075
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand”
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA
98584; or call (360) 427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, (360) 427-
9670 ext. 419.
DATED this 16th day of September, 2025.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
__________________________________
McKenzie Smith, Clerk of the Board
Bill: Public Works
100 W Public Works Dr.
Shelton, WA 98584
Cc: Commissioners
Public Works
Shelton Journal: Publ. 2t: September 23, 2025 & September 30, 2025
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: Central Services Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): September 16, 2025
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Island Lake – Lake Management District (LMD) Ordinance
Background/Executive Summary:
A vote for the citizens of Island Lake to form a lake management district passed. Attached is an
Ordinance certifying the LMD as formed.
Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Sign the Ordinance certifying Island Lake LMD.
Attachment(s):
Island Lake LMD Ordinance
ORDINANCE NO.____________
AN ORDINANCE creating a Lake Management District for Island Lake pursuant to Chapters 36.61
RCW, to be designated Lake Management District No. 1 for Island Lake.
WHEREAS, Chapter 36.61 RCW authorizes the Board of Mason County Commissioners to initiate the
creation of lake management districts;
WHEREAS, the Board of Mason County Commissioners found creation of a lake management district
for Island Lake to be in the public interest through adoption of Resolution 2025-42; and
WHEREAS, the proposal to create the lake management district received a majority of the votes cast
by property owners within the proposed district pursuant to RCW 36.61.100.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Mason
County as follows.
Creation of District
Mason County Lake Management District No. 1 for Island Lake, as proposed in Resolution No. 2025-042,
adopted on June 10, 2025 is hereby created.
Conditions for District Operation
The conditions for the operation of Lake Management District No. 1 are set forth in Resolution 2025-048,
Exhibit A hereto, which resolution is incorporated by reference as though set forth in full. The conditions for
operation set forth in Exhibit A include the findings and determinations, with district purposes, district
boundaries, duration (15 years); annual rates and charges and provision for a citizen committee.
Rates and Charges - Collection
1. Rates and charges for Lake Management District No. 1 shall be included in Mason County’s annual
property tax statements. Properties which do not receive a property tax statement will receive a
separate billing statement for these rates and charges.
2 The total amount of the Lake Management District No. 1 rates and charges shall be due and payable
on or before the 30th day of April and shall be delinquent after that date; however, if one-half of
such rates and charges is paid on or before the said 30th of April the remainder shall be due and
payable on or before the 31st day of October and shall be delinquent after that date.
3. If a payment is received in conjunction with a combined property tax and Lake Management District
No. 1 rates and charges, and the payment is less than the amount due, the payment shall be
applied first to the annual property tax of the parcel and any remaining due amount to the Lake
Management District No. 1 rates and charges.
Severability
If any clause, sentence, paragraph, section, or provision of this Ordinance or the application thereof to any
person or circumstances shall be found to be invalid, the validity of the remaining provisions shall not be
affected, and the Ordinance shall be construed or enforced as if it did not contain the particular provision
held to be invalid.
ADOPTED this 16th day of September, 2025.
ATTEST:
________________________________
Mckenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
________________________________
Tim Whitehead, Chief
Deputy Prosecuting Attorney
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
____________________________________
Sharon Trask, Chair
____________________________________
Pat Tarzwell, Commissioner
____________________________________
Randy Neatherlin, Commissioner
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: Central Services Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 8, 2025 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Discussion with Mason Conservation District surrounding Riparian plant project at County owned parks.
Background/Executive Summary:
Previous County Administrator brought before the Board last year a request for the BOCC to submit a
letter of support for the Riparian planting in the Skokomish valley and at certain County owned parks.
Grant was received by the Conservation District and project was started. This is an update to the BOCC
and the opportunity to ask questions on the happenings of this restoration work
Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
N/A
Attachment(s):