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HomeMy WebLinkAbout2025/09/16 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 September 16, 2025 9:00 a.m. Commission meetings are live streamed at http://www.masonwebtv.com/ Regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide comment and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427- 9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Island Lake LMD (Lake Management District) Approval News Release 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – September 2, 2025 Regular Minutes and September 8, 2025 Briefing Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8115216-5118381 $ 915,166.87 Direct Deposit Fund Warrant # 1193662-119770 $ 949,666.36 Salary Clearing Fund Warrant # 7009135-7009173 $ 1,232,952.46 Treasurer Electronic Remittance $ 316,155.35 8.2 Approval of the applications for funding from the Economic Development Council (EDC) for $150,000 and Port of Grapeview for $25,000 from the .09 Rural County Sales and Use Tax fund. 8.3 Approval of an Interagency Agreement between Washington State Department of Agriculture and Mason County and its Agent Mason County Noxious Weed Control Board, Contract No. K6082, for a total award of $25,000 for knotweed control. 8.4 Approval to issue water leak credits for Customer No. 308072 in the amount of $851.50 and Customer No. 306041 in the amount of $1,169.50, plus applicable late fees, based on verification that the leaks have been repaired 8.5 Approval to authorize Public Works to use the Small Works Roster to solicit an invitation to vendors for the Beards Cove pump #5 replacement project and enter into a contract with the lowest responsible bidder. 8.6 Approval to 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. 8.7 Approval to authorize an amendment to Resolution 2024-029 to establish Development Review and Belfair Traffic Mitigation Fees within the Public Works Fee Schedule. 8.8 Approval of a Private Line Occupancy Permit granting permission to run the utility lines under and across North Shore Road for address 9241 NE North Shore Road, Pacel number 22218-34-00060. 8.9 Approval of the Fire Tek proposal for $8,571.00 plus tax for the 20-year inspection of the Juvenile Detention Center Fire Sprinkler System. 8.10 Approval of an Ordinance to create Lake Management District No. 1 for Island Lake. 8.11 Approval to set a Public Hearing for Tuesday, October 14, 2025, at 9:15 a.m. to consider surplus of real property at 141 Hemlock, Elma, WA, Tax Parcel No. 61930-51-00075. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider adopting the Resolution approving the 2026 Annual Construction Program. Staff: Mike Collins 10.2 Public Hearing to consider adopting the Resolution approving the Six-Year Transportation Improvement Program (TIP) for 2026-2031. Staff: Mike Collins 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Kariann Rutledge Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: September 16, 2025 No. 4.1 ITEM: Correspondence 4.1.1 Received Letter from Department of Corrections Office of Secretary regarding MCCCW Gate Install Request. 4.1.2 Received Notice of Cannabis License Application from ANON EXTRACTORS LLC, and HITZ 2, LLC. 4.1.3 Received Letter from the City of Shelton regarding 2026 .09 Fund Requests 4.1.4 Received Letter from The Port of Allyn regarding Commission Comments .09 Applications 4.1.5 Received Notice of Liquor License Application for STEATHER ENTERPRISES LLC and SMOKIN MO’S LLC. 4.1.6 Received Well Head Protection Notice from PUD 1 4.1.7 Received Letters from FERC Regarding Board of Consultants No. 2 Arch Dam Stability Investigation, Cushman No. 1 Development, Cushman Project, AND Minimum Flow and Ramping Rate Deviations – Articles 407 and 411. Attachments: Originals on file with the Clerk of the Board. Recieved 8/28/25Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, Mckenzie Smith,Loretta Swanson, Mike Collins,Kell Rowan Proposed Gate Washington State Liquor and Cannabis Board Licensing Division: Cannabis Unit 1025 Union Ave SE, P.O. Box 43098 Olympia, WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 \ Website: www.lcb.wa.gov DATE: 8/21/2025 NOTICE OF CANNABIS LICENSE APPLICATION RETURN THIS NOTICE TO: LAresponse@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RE: Change of Location UBI: 6043576890010001 License: 429749 - 7B Trade Name: ANON EXTRACTORS LLC Loc Addr: 440 SE STATE ROUTE 3, SHELTON WA 98584 Mail Addr: 2849 FRIENDLY GROVE RD NE OLYMPIA WA 98506-2932 Contact Phone No.: 661-317-8990 Privileges Applied For: Cannabis Processor APPLICANTS: ANON EXTRACTORS LLC WILLIAM ARTHUR FIORELLI, 01/11/1976 As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above has applied for a cannabis license. You have 20 days from the date of this notice to provide input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact LCB’s Cannabis CHRI at (360) 664-1704. YES NO 1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . . 2. Do you approve of the location? . . . . . . . . . . . . . . . . . . If you disapprove, per RCW 69.50.331(7)(c) you MUST attach a letter to the Board detailing the reason(s) for the objection providing facts on which your objection(s) are based. Received 8/29/25 Commissioners Randy Neatherlin, Sharon Trask and Pat Tarzwell. Cannabis Washington State Liquor and Cannabis Board Licensing Division: Cannabis Unit 1025 Union Ave SE, P.O. Box 43098 Olympia, WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 \ Website: www.lcb.wa.gov DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS, OR DESIGNEE Washington State Liquor and Cannabis Board Licensing Division: Cannabis Unit 1025 Union Ave SE, P.O. Box 43098 Olympia, WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 \ Website: www.lcb.wa.gov DATE: 8/27/2025 NOTICE OF CANNABIS LICENSE APPLICATION RETURN THIS NOTICE TO: LAresponse@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RE: Assumption of a License UBI: 6058748570010001 License: 442563 - 7B Trade Name: HITZ 2, LLC Loc Addr: 1982 NE OLD BELFAIR HWY BELFAIR WA 98528-9656 Mail Addr: 15709 ORDWAY DR SE YELM, WA 98597-9717 Contact Phone No.: Privileges Applied For: Cannabis Producer Tier 2 Cannabis Processor APPLICANTS: HITZ 2, LLC NATHANIEL YOUNGCHILD, 07/29/1990 THOMAS HUTCHINSON, 03/26/1990 As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above has applied for a cannabis license. You have 20 days from the date of this notice to provide input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact LCB’s Cannabis CHRI at (360) 664-1704. YES NO 1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . . 2. Do you approve of the location? . . . . . . . . . . . . . . . . . . If you disapprove, per RCW 69.50.331(7)(c) you MUST attach a letter to the Board detailing the reason(s) for the objection providing facts on which your objection(s) are based. Received 8/29/25 Commissioners Randy Neatherlin, Sharon Trask and Pat Tarzwell. Cannabis Washington State Liquor and Cannabis Board Licensing Division: Cannabis Unit 1025 Union Ave SE, P.O. Box 43098 Olympia, WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 \ Website: www.lcb.wa.gov DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS, OR DESIGNEE 1 Kariann Rutledge From:Cami Olson Sent:Tuesday, September 2, 2025 2:37 PM To:Kariann Rutledge Subject:FW: Port of Allyn Commission Comments .09 Applications Attachments:2025-08-18_09_Funds_Request_for_Comment_MC.pdf Follow Up Flag:Follow up Flag Status:Flagged Can you please add this to correspondence? Thank you, Cami Olson Public Records Coordinator Mason County Support Services (360) 427-9670 ext. 529 | colson@masoncountywa.gov http://www.masoncountywa.gov **Please note: Mason County complies with the Public Records Act Chapter 42.56 RCW. As such, any e-mail sent to and/or from the County may be subject to public disclosure. From: Jennifer Beierle <Jb@masoncountywa.gov> Sent: Tuesday, September 2, 2025 2:13 PM To: Cami Olson <COlson@masoncountywa.gov> Subject: FW: Port of Allyn Commission Comments .09 Applications Cami, Please see the email below from the Port of Allyn. The .09 sales & use tax funding requests from the EDC & Port of Grapeview are set to go on the September 16th Board Action Agenda. Let me know if you have any questions. Thank you, Jenn From: Travis Merrill <tmerrill@portofallyn.com> Sent: Tuesday, September 2, 2025 10:45 AM To: Jennifer Beierle <Jb@masoncountywa.gov> Subject: Port of Allyn Commission Comments .09 Applications Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the 2 Jennifer, Please include these comments from the Port of Allyn Commission regarding the following two 2026 funding requests for .09 funds for the Mason County Board of Commissioner consideration of their applications. At the Port of Allyn's Special Meeting on August 28th 2025, the entire commission expressed support for both applications. Both applicants provide essential services to Mason County residents, and the Port of Allyn Commissioners is in full support of the Mason County Board of Commissioners funding both the EDC and Port of Grapeview requests. The Port appreciates notification of these requests, yet it would like to point out that the majority of the Mason County Port Commissions only meet once per month unless other business warrants additional meetings. This notice was received after the Port held its August regular meeting and had a response deadline before the Port was scheduled to hold it's next regular meeting in September. The Port of Allyn generally schedules a special meeting that gets scheduled at the previous regular meeting each month. This was the only way it was able to get in front of the commission for comment with the response window so short. If notice lead times were 6 weeks, I believe more Ports may be able to get comment out before the deadline with their regular meeting schedule. Thank you, Travis Merrill Executive Director Port of Allyn tmerrill@portofallyn.com 3608013935 email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov DATE: 9/4/2025 NOTICE OF LIQUOR LICENSE APPLICATION RETURN THIS NOTICE TO: LAresponse@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RE: Add/Remove Endorsement/Activity UBI: 6050253550010001 License: 357262 - 2O Trade Name: TAYLOR STATION RESTAURANT AND LOUNGE Loc Addr: SE 62 LYNCH RD SHELTON WA 98584 Mail Addr: 62 SE LYNCH RD SHELTON WA 98584-6225 Phone No.: 360-426-8501 Privileges Applied For: S/B/W Restaurant Lounge (+) Catering APPLICANTS: STEATHER ENTERPRISES LLC STEPHANIE ANN BRONSON, 02/03/1970 (Spouse), BRUCE WAYNE BRONSON JR, 05/02/1972 (Spouse), HEATHER ANN KNIGHT, 11/15/1973 (Spouse), As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to provide input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact our CHRI desk at (360) 664-1724. YES NO 1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . 2. Do you approve of the location? . . . . . . . . . . . . . . . . . . If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board detailing the reason(s) for the objection and providing facts upon which your objection(s) is based. Received 09/04/2025 Commissioners Randy Neatherlin, Sharon Trask and Pat Tarzwell. Travis Adams, LIQUOR Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov DATE SIGNATURE OF MAYOR, CITY MANAGER, COMISSIONER, TRIBAL CHAIRPERSON OR DESIGNEE Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov DATE: 9/3/2025 NOTICE OF LIQUOR LICENSE APPLICATION RETURN THIS NOTICE TO: LAresponse@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RE: Change of Class/ In Lieu of UBI: 6032314420010002 License: 087080 - 6C Trade Name: HIGH STEEL BEER CO. Loc Addr: 233 S 1ST ST SHELTON WA 98584-2243 Mail Addr: 233 S 1ST ST SHELTON WA 98584-2243 Phone No.: 360-229-3230 Privileges Applied For: Catering Beer/Wine Only S/B/W Restaurant Lounge (+) B/W Restaurant - Beer/Wine APPLICANTS: SMOKIN MO'S LLC MONICA CARVAJA-BEBEN, 01/28/1980 (Spouse), THOMAS BEBEN, 06/08/1980 (Spouse), As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to provide input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact our CHRI desk at (360) 664- 1724. YES NO 1. Do you approve of the applicant? . . . . . . . . . . . . . . . . . 2. Do you approve of the location? . . . . . . . . . . . . . . . . . . Received 09/04/2025 Commissioners Randy Neatherlin, Sharon Trask and Pat Tarzwell. Travis Adams, LIQUOR Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board detailing the reason(s) for the objection and providing facts upon which your objection(s) is based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COMISSIONER, TRIBAL CHAIRPERSON OR DESIGNEE NEWS RELEASE September 16, 2025 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County and Island Lake Community Approve New Lake Management District The Island Lake community celebrated an important milestone this September as the Mason County Board of Commissioners signed an ordinance creating Lake Management District No. 1 for Island Lake. The decision follows months of planning and a strong show of support from local property owners. The vote results told a clear story: of the 118 eligible ballots distributed, 71 were returned. Among those, 64 supported forming the district while only 7 opposed it. With nearly 90 percent approval, the outcome reflected a strong consensus to safeguard the health and long-term vitality of Island Lake. For residents, the lake is more than a scenic backdrop — it is the heart of their neighborhood. Families fish along its shores, children swim in summer, and generations gather to watch sunsets. But with popularity also come challenges. Over time, concerns have grown about water quality, invasive species, and shoreline care. The new Lake Management District, established for 15 years, gives the community a structured way to respond. Funded through annual rates collected with property taxes, the district will support projects such as weed control, fish habitat protection, and water-quality monitoring. A citizen advisory committee will keep residents’ voices central to decisions. By casting their votes, property owners chose to invest in something bigger than themselves — the shared environment that binds their community. Many see the district as a way to ensure the lake they love today will still be thriving for children and grandchildren tomorrow. The Board of Commissioners affirmed that choice when they adopted the ordinance on September 16. Over the coming months, the district will move from concept to action, starting with the citizen committee and annual work plans. The district’s success will be seen not only in reports but also in lived experiences: clearer waters, healthier fish populations, and the peace of knowing the lake is cared for. For Island Lake residents, the ordinance is more than a legal step — it is a collective promise to protect a resource that enriches their lives. With the ink now dry, the lake’s future looks brighter, built on unity, responsibility, and hope. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair ______________________ Pat Tarzwell, Vice-Chair ______________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 September 2, 2025 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance –Kevin Shutty led the flag salute. 3. Roll Call – Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Received Transport Improvement Program Citizens Advisory Panel (TIPCAP) Application from Andrew Flannigan, and Mason County Transit Authority Board Application from Michael Richmond. 4.1.2 Received Letter from Port of Allyn on Considerations Regarding Potential Extension of Belfair Sewer Infrastructure 4.1.3 Received Letter from Mayor Greg Wheeler of Bremerton Regarding Sewer Service for the South Puget Sound Industrial Center (PSIC) 4.1.4 Received Emails from Herb Gerhardt and Randy Lewis Regarding Belfair Sewer Comments 4.1.5 Received Notice of Liquor License Application for BELFAIR CONVENIENCE LLC, and GROCERY OUTLET INC. 4.1.6 Received Notice of Special Occasion License Applications from TURNING POINTE ADVODACY CENTER 4.1.7 Received Letter from Steve Decker Regarding Family Promise of Puget Sound 4.2 Dave Windom read the Board of Health Vacancies news release. 4.3 Cmmr. Neatherlin presented Alfonso Mercado with a Green Star Award. 5. Open Forum for Citizen Input Rachael Hall, Outreach Specialist for Shelton Youth Connection, explained that their mission is to engage young people ages 12–24 who are at risk of or experiencing homelessness. Through our drop-in centers in Shelton and Belfair, our outreach van, and our transitional housing, we provide food, supplies, shelter, and—most importantly—connection to caring adults who can guide youth toward stability. In 2024, more than 7,000 youth came through our centers, and we’ve already surpassed that number this year. Your support allows us to meet urgent needs while also building a stronger future for Mason County youth. On a personal note, I’ve been with Youth Connection for almost two years, and I feel blessed to be part of this work. Together, we are creating pathways out of homelessness and into stability and hope. 6. Adoption of Agenda Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the agenda as published. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 7. Approval of Minutes September 2, 2025 | Page 2 of 3 Cmmr. Tarzwell/Neatherlin moved and seconded to adopt the August 11, 18 and 25, 2025 Briefing Minutes and August 19, 2025 Regular Meeting Minutes as presented. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8114594-8115215 $2,581,815.71 Direct Deposit Fund Warrant #118949-119361 $ 984,815.90 Salary Clearing Fund Warrant # 7009063-7009105 $ 637,812.61 8.2 Approval to authorize Public Works to advertise, set bid opening date/time, award contract and allow the Chair to sign all pertinent documents for the 2026 Manufacturing and Stockpiling of Chip Seal Aggregate. 8.3 Approval to amend the budget to cover repair and tire replacement of a WSU Extensions Noxious Weed vehicle in the amount of $5,554. 8.4 Approval of 2025 and 2026 take home vehicle requests for Kelly Frazier, Jeremy Seymour, Grant Dishon, Rod LaRue, Roy Beierle, Pete Medcalf, John Ronald, Erin Tesch and Keli Dunlap. 8.5 Approval of the Consolidated Homeless Grant subcontracts for year 26-27 with Crossroads Housing, New Horizons Communities, Turning Pointe Survivor Advocacy Center, and the Youth Connection. 8.6 Approval to surplus the Substance Use Mobile Outreach Recreational Vehicle (RV), for the cost of $382.20 for storage and $1,500 for towing and disposal covered by Department of Health grant funds. 8.7 Approval to issue a Request for Proposals (RFP) for On-Call Hydraulic Services to support a range of infrastructure, capital and maintenance projects that are anticipated in the 2026-2027 calendar years from the County MRSC Consultant Roster, with an option for the County Engineer to extend for an additional year. The maximum expenditure is not expected to exceed $200,000 per calendar year. 8.8 Approval to authorize the Chair to sign an Interlocal Agreement (ILA) with the City of Bremerton regarding the potential provision of sanitary sewer service from the Belfair Water Reclamation Facility. Cmmr. Neatherlin moved and seconded to approve action items 8.1 through 8.8 with removal of items 8.4 and 8.8 for separate discussion. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. Item 8.4 Travis Adams briefly explained that the take home vehicle requests are for established essential personnel. Cmmr. Neatherlin/Tarzwell moved and seconded to approve action item 8.4. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. Item 8.8 Loretta Swanson provided a summary of the process of drafting the Interlocal Agreement (ILA) with the City of Bremerton regarding sewer service to the Puget Sound Industrial Center. The agreement defines a mutual service area, aligns general sewer plans, and addresses economic impacts and permit compliance. Commissioners approved forwarding the ILA to the City for review and possible execution. Public comment: Randy Lewis expressed conditional support for the Bremerton sewer extension, emphasizing the need for a financial feasibility study before finalizing any agreement. He raised concerns about unclear buildout costs, funding responsibilities, revenue distribution, and the potential financial impacts on September 2, 2025 | Page 3 of 3 Mason County. He also highlighted the importance of protecting Belfair businesses, suggesting zoning the new sewer area for industrial use only. Cmmr. Tarzwell/Neatherlin moved and seconded to approve action item 8.8 as presented. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 9. Other Business (Department Heads and Elected Officials) Steve Duenkel presented the preliminary budget for fiscal year 2026 as prepared by the Auditor’s Financial Services Department. Copies were provided to the Commissioners. Loretta thanked the Commissioners for the Belfair Sewer tour which occurred last week. Cmmr. Neatherlin noted that the Department of Ecology commended the exceptional quality of County staff who are a part of this project. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time No public hearings 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 10:02 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board Prepared by Cami Olson BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 September 8, 2025 | Page 1 of 2 Week of September 8, 2025 Monday, September 8, 2025 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Tarzwell, and Trask met in closed session for labor negotiation from 9:00 a.m. to 10:15 a.m. Travis Adams, Chris Pinkston, Kayla Brinckmeyer, Kim Monroe and Cabot Dow were also in attendance. 10:15 A.M. Executive Session - RCW 42.30.110 (1)(c) Real Estate Commissioners Neatherlin, Tarzwell, and Trask met in closed session for real estate from 10:15 a.m. to 10:30 a.m. Travis Adams and Chris Pinkston were also in attendance. 10:30 A.M. Office of the Washington State Auditor – Tim Trail Commissioners Neatherlin, Tarzwell, and Trask were in attendance • Vinney Shiel, Tim Trail, and Sara Batanian presented the Entrance Conference, outlining three areas of evaluation: the Accountability Audit, which will review procurement practices, public health, self-insurance, open public meeting compliance, and financial condition; the Financial Statement Audit for January 1–December 31, 2024; and the Federal Grant Compliance Audit for the same period. 10:50 A.M. WSU Extension – Dan Teuteberg Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Heidi Steinbach requested approval of an Interagency Agreement between Washington State Department of Agriculture and Mason County and its Agent Mason County Noxious Weed Control Board, Contract No. K6082, for a total award of $25,000 for knotweed control. The award will provide $7,000 for 2025, $15,000 for 2026, and 3,000 for 2027 budget years. Approved to move forward. • Dan Teuteberg presented the Washington State University (WSU) Extension Summer 2025 report. 11:05 A.M. Sheriff’s Office – Ryan Spurling Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Sheriff Spurling and Undersheriff Dracobly provided an overview of key items currently impacting the Sheriff’s Office such as staffing levels, public records requests, call counts for service, recruitment and hiring efforts, and status of the jail occupancy. 11:20 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Stephanie Buhrman requested approval to issue water leak credits for Customer No. 308072 in the amount of $851.50 and Customer No. 306041 in the amount of $1,169.50, plus applicable late fees, based on verification that the leaks have been repaired. Approved to move forward. • Richard Dickinson requested approval to authorize Public Works to use the Small Works Roster to solicit an invitation to vendors for the Beards Cove pump #5 replacement project and enter into a contract with the lowest responsible bidder. Approved to move forward. • Mr. Dickinson requested approval to 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. Approved to move forward. • Dave Smith requested approval to authorize an amendment to Resolution 2024-029 to establish Development Review and Belfair Traffic Mitigation Fees within the Public Works Fee Schedule. Approved to move forward. • Dave requested approval of a Private Line Occupancy Permit granting permission to run the utility lines under and across North Shore Road for address 9241 NE North Shore Road, Pacel number 22218-34-00060. Approved to move forward. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 September 8, 2025 | Page 2 of 2 • Shephanie requested approval of the adjustment of the Belfair Sewer Utility Equivalent Residential Unit (ERU) 2026 billing rates. Approved to move forward. • Richard provided information regarding out-of-service area sewer service requirements and the application for determination of sewer adequacy. • Richard requested approval to advertise for a CS&W Operator II and II (only one position may be filled) and to fill a currently vacant 8th position. Approved to move forward. • Cmmr. Neatherlin reported that he has been made aware of a strong sewer smell in Belfair near McDonalds and asked staff to investigate. • Dave explained that equipment has been delivered, and the Pickering Road crosswalk project will begin later this week. • Dave explained that the signs to lower the speed limit on SR106 in Union should be installed the week of September 22, 2025, according the WSDOT. 11:45 A.M. Central Services – Travis Adams Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Kelly Frazier requested approval of the proposal of $8,571.00 plus sales tax submitted by Fire Tek for the 20-year inspection of the Juvenile Detention Center Fire Sprinkler System. Approved to move forward. • Kelly reported that Pacific Security will be collecting sales tax beginning October 1, 2025, which will add approximately $33,000 per year which isn’t currently budgeted. • Jennier Beierle requested approval for the Sheriff to sign the Washington State Association of Sheriff & Police Chiefs (WASPC ) Grant Agreement, and approve an inter-departmental agreement between Mason County Sheriff’s Office and Mason County Public Health to administer the grant. Approved to move forward. • Travis Adams requested approval to set a Public Hearing for Tuesday, October 14, 2025, at 9:15 a.m. to consider surplus of real property at 141 Hemlock, Elma, WA, Tax Parcel No. 61930-51-00075. Approved to move forward. • Travis requested approval of an Ordinance to create Lake Management District No. 1 for Island Lake, approved by a majority of the votes cast by property owners within the proposed district. Approved to move forward. • Travis explained that the discussion with Mason Conservation District surrounding Riparian plant projects at County owned parks will be postponed until September 15, 2025. Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board Prepared by Cami Olson BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice -Chair Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.1 From: Kariann Rutledge Ext: 380 Department: Central Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date(s): September 16th, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8115216-5118381 $ 915,166.87 Direct Deposit Fund Warrant # 1193662-119770 $ 949,666.36 Salary Clearing Fund Warrant # 7009135-7009173 $ 1,232,952.46 Treasurer Electronic Remittance $ 316,155.35 Macecom 08.05.2025 $ 308,596.28 MENTAL HEALTH 08.08.2025 $ 1,185.71 Dispute Resolution Surcharge 08.08.2025 $ 1,430.00 Mason Co Landfill (Brink’s) 08.21.2025 $ 1,556.90 Beards Cove water Meter (91-08) USDA 08.05.2025 $ 2,362.00 CURRENT EXPENSE 08.09.2025 $ 27.72 ROAD DIV-CURRENT EXPENSE 08.29.2025 $ 2.36 Veterans Assistance 08.29.2025 $ 0.35 COUNTY ROAD 08.29.2025 $ 23.45 MENTAL HEALTH 08.29.2025 $ 0.58 Belfair Wastewater & Water -Bond/Admin Fees 08.25.2025 $ 0.00 NBCI-Bond / Admin Fees 08.25.2025 $ 350.00 Mason County LTGO 2013 Admin Fee 08.25.2025 $ 550.00 Mason County Tax GO Bd 2008 08.25.2025 $ 0.00 Mason Co 2013B LTGO 8038 Filling Fee 08.26.2025 $ 70.00 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 34,331,911.34 Direct Deposit YTD total $ 16,668,638.14 Salary Clearing YTD total $ 16,944,591.00 Treasurer Remittance YTD total $ 13,022,085.03 Budget Impact (amount, funding source, budget amendment, etc.): See above. Public Outreach: N/A Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachment(s): Originals on file with Financial Services and the Treasurer’s Office; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Jennifer Beierle Ext: 532 Department: Central Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 8/11/2025 Agenda Date(s): 9/16/2025 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: Consideration of Funding Awards from the .09 Rural County Sales & Use Tax Fund No. 103 Background/Executive Summary: The County has received two requests for 2026 funding from the .09 Rural County Sales & Use Tax Fund (Fund No. 103). The first request is from the Economic Development Council in the amount of $150,000. The second request is from the Port of Grapeview, requesting $25,000. According to RCW 82.14.370, funds collected under this provision may be used exclusively to support public facilities that serve economic development purposes in rural counties, as well as to fund personnel within designated economic development offices. •Public facilities include infrastructure such as roads, bridges, water and sewer systems, stormwater and earth stabilization improvements, electrical and gas systems, telecommunications, port facilities, and innovation zone facilities, among others. •Economic development offices include those operated by counties, port districts, or associate development organizations (such as the Mason County Economic Development Office), as defined in RCW 43.330.010. •Eligible projects must also appear on the County’s officially adopted Comprehensive Economic Development Strategy (CEDS) list or within the economic development section of the County's Comprehensive Plan. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): The total funding requested is $175,000. If approved, the funds would be allocated from Fund No. 103 as part of the County’s 2026 budget. Public Outreach: In accordance with RCW 82.14.370(3)(b), the County must consult with local cities, towns, port districts, and the associate development organization prior to awarding funds. This consultation ensures alignment with the goals of Chapter 130, Laws of 2004, and the statutory requirements for use of .09 funds. Requested Action: Request the Board review both applications and consider placing the Economic Development Council and 8.2 Port of Grapeview’s funding requests on the September 16, 2025 Action Agenda. This action would follow the required circulation of comment letters to local cities and port districts. Attachment(s): 1. Application from the Economic Development Council 2. Application from the Port of Grapeview 1 MASON COUNTY and ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and the Economic Development Council of Mason County "CONTRACTOR" referred to as "CONTRACTOR." COUNTY and EDC are referred to collectively as the "parties." RECITALS: WHEREAS, sales tax and use funds collected under RCW 82.14.370 are to be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices; and WHEREAS, the Economic Development Council of Mason County meets the requirement of being "an office of a county, port district, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county" with its purposes including the facilitation of the creation or retention of businesses and jobs in a county; and WHEREAS, through RCW 43.330.080 the Economic Development Council of Mason County, as the County's designated Associate Development Organization, is required to provide direct assistance including business planning to companies throughout the County who need support to stay in business, expand or relocate to Washington from out-of-state and other countries. Assistance must comply with business recruitment and retention protocols established by the State; and WHEREAS, COUNTY has consulted with the City of Shelton and the port districts located within the county to ensure that this expenditure meets the goals of chapter 130, Laws of 2004; and WHEREAS, COUNTY has determined that it is in the best interest of the residents of Mason County to contract with the Economic Development Council of Mason County to provide economic development technical assistance, support and services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions Funding Source: Funds for this CONTRACT are provided as allowed in RCW 82.14.370 sales and use tax for public facilities in rural counties. Required County Matching Funds: Per RCW 43.330.086 COUNTY is required to provide matching funds for its Associate Development Organization's grant with the Washington State Department of Commerce. $75,000.00 of the funding provided through this CONTRACT is designated as the COUNTY's matching funds. 2 General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start on January 1, 2026, and end December 31, 2026. Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year. Compensation: CONTRACT total value is not to exceed $150,000. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: 3 CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility ofthe CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer 4 which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 5 The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; reports, surveys, studies, data collected and other as appropriate prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order 6 entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, 7 any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County, County Administrator, or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. 8 The Administrative Officer for purposes of this CONTRACT is: Travis Adams County Administrator Mason County 411 N 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 530 tadams@masoncountywa.gov CONTRACTOR's Primary Contact's Information: Kevin Shutty 628 W Alder St Shelton, WA 98584 Phone: 360-426-2276 kevin@choosemason.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for 9 loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (MA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree 10 that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 12 EXHIBIT A SCOPE OF SERVICES CONTRACTOR to provide a budget by expense category totaling $150,000 for the 2026 one year contract to the BOCC within fifteen days (15) of contract execution. CONTRACTOR to provide update to Board of County Commissioners at commission business meetings. Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work to the County. RECRUITMENT & MARKETING CONTRACTOR to market Mason County as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state. Deliverable: number of businesses contacted. CONTRACTOR to provide site location assistance for businesses that are looking to locate in Mason County. Deliverable: Quarterly list of project names. BUSINESS RETENTION & EXPANSION ACTIVITIES CONTRACTOR to work with partners throughout the county including, but no limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county. Deliverable: copy of communication plan on or before 3/31/2025 and a quarterly dashboard of communication analytics. CONTRACTOR to provide business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance, and the provision of information to businesses on resources available for microenterprise development and resources available on the revitalization of commercial districts. Deliverable: number of businesses visited and number of follow-ups with existing businesses. CONTRACTOR to participate with the state board for community and technical colleges in the coordination of the job skills training program and the customized training program within its region. BUSINESS ASSISTANCE CONTRACTOR to provide or facilitate the provision of export assistance through workshops or one-on-one assistance. CONTRACTOR to provide information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Mason County. Deliverable: number of businesses that direct assistance was provided, and number of follow-up interactions. 13 READINESS & CAPACITY BUILDING CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/21. CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. CONTRACTOR to provide an annual snapshot of local economic conditions to include breakdowns of the three UGAs. Deliverable: Economic Vitality index. 14 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated a total of $150,000 which will be paid in four equal payments of $37,500 after the receipt of an acceptable invoice. B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit invoice with required performance report via e-mail to rlund@masoncountywa.gov and jb@masoncountywa.gov 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice. 15 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. 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 COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 16 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 17 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact: Michael Blaisdell, Commissioner District 2, Port of Grapeview Port of Grapeview PO Box 3 Grapeview, WA 98546 Cell: 253-377-0336 Fax: 253-472-3320 Portofgrapeview2@gmail.com Signature and position of person authorizing submittal of application Port Commissioner (District 2) 08/01/2025 Signature Position Date Project Title: Port of Grapeview Facility Maintenance and Improvements Total Project Cost $35,000.00 Amount raised to date $10,000.00 Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [ ] Yes [X] No, If yes number of phases ____ number of years ___ Requested loan amount $0.00 Requested grant amount $25,000.00 1. Briefly describe the project, project start date, jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? The Port of Grapeview Facility Maintenance and Improvements Project focuses on critical repairs and upgrades to public infrastructure, including docks, ramps, parking areas, restrooms, walkways, signage, and landscaping. These improvements aim to preserve community access, enhance public safety, and strengthen marine-based economic development. The Port’s facilities are essential to local shellfish growers, commercial marina operations, recreational boaters, and tourism-related businesses. Project Start Date: Work will begin as soon as funding is secured, and environmental conditions allow. The Port is fully prepared to initiate planning, design, and contracting immediately upon funding award. Jurisdictions or Entities Involved: • Port of Grapeview – Lead agency overseeing project planning, funding, and execution as the public port authority managing local marine infrastructure. • Shellfish Growers – Commercial aquaculture businesses that rely on Port access and boat launches for daily harvesting and transportation of shellfish products. • Squaxin Island Tribe – Indigenous community utilizing the Port’s boat launch for traditional fishing and shellfish harvesting activities integral to cultural practices. • Case Inlet Fisheries Task Force – Regional nonprofit organization focused on sustainable fisheries and habitat restoration, collaborating to ensure project aligns with environmental goals. • North Mason High School CTE Program – Local workforce development partner providing vocational training in marine trades and supporting project workforce needs through student involvement. • Fair Harbor Marina – Private marina operator that leases and manages marina facilities owned by the Port, providing boat moorage and services to the public. Project Phases and Timing: The project will be executed as a single-phase effort focused on essential maintenance and safety upgrades. Activities will be prioritized based on urgency, safety considerations, weather conditions, and contractor availability. Because the work involves standard maintenance rather than new construction, no formal design phase is required. The Port is positioned to begin work promptly once funding is secured. Phases Funded by Loan or Grant: The Port’s annual general levy revenue is allocated primarily to operational expenses and does not cover the costs associated with infrastructure maintenance or capital repairs. Instead, the Port depends heavily on boat complex use fees for maintenance funding. However, these fees generate only a fraction of the revenue needed to address substantial repair and upkeep costs. Since the boat complex was constructed seven years ago, key components such as docks, ramps, and walkways are exhibiting signs of deterioration, including structural wear, surface cracking, and corrosion. Without additional dedicated funding sources, the Port risks accelerated infrastructure decline, which could lead to costly emergency repairs or reduced service levels, negatively impacting commercial users and the broader community. The .09 Rural Sales Tax funds will directly support the hands-on execution phase of the project. This includes contracting labor and purchasing materials necessary for repairing and upgrading key Port assets. Funded work will include resurfacing and re-striping parking areas, replacing or reinforcing dock components, improving ADA accessibility at ramps and walkways, updating restroom facilities for health and safety compliance, installing new signage for wayfinding and regulations, implementing safety enhancements such as railings and lighting, and restoring public landscaping to improve usability and appearance. No portion of the requested funds will be used for planning or administrative overhead; all expenditures will go toward tangible, on- the-ground infrastructure improvements. 2. Explain how the project satisfies economic development and priorities. The Port of Grapeview Facility Maintenance and Improvements project directly addresses Mason County’s economic development goals by preserving and upgrading vital infrastructure that underpins key marine-based industries. This includes daily support for Taylor Shellfish — one of the region’s largest employers — whose aquaculture operations depend on reliable dock access for harvesting and transporting shellfish. Maintaining functional ramps and docks ensures commercial vessels can operate efficiently, preventing costly downtime and supporting the regional seafood supply chain. In addition to sustaining the shellfish industry, the project supports Fair Harbor Marina’s commercial operations, which provide boat moorage and services that attract recreational boaters and tourists, generating millions in local economic activity annually. Improved public restrooms, walkways, signage, and safety features enhance visitor experience, encouraging longer stays and higher spending at nearby businesses such as restaurants, lodging, and retail. The project aligns with Mason County’s strategic priorities by: • Preserving working waterfront infrastructure critical to marine commerce and natural resource industries • Supporting small business stability and growth in aquaculture and maritime sectors • Enhancing public access and recreational opportunities that drive tourism revenue • Strengthening workforce development through collaboration with North Mason High School’s CTE aquaculture program, fostering local skills and job readiness in emerging maritime careers • Promoting sustainable economic growth in rural communities by protecting infrastructure that supports long-term industry viability By funding this maintenance project, the County safeguards an economic hub that directly contributes to local employment, tax revenue, and community resilience. The Port of Grapeview prioritizes the preservation and enhancement of critical public infrastructure that supports marine commerce, recreation, tourism, and local small businesses. This project: • Sustains Local Commercial Activity: The Port’s docks and ramps are vital for shellfish growers, including Taylor Shellfish, a major regional employer with over 500 local jobs and significant economic output. The infrastructure also supports Fair Harbor Marina and several small marine businesses that rely on consistent, safe water access for vessel operations, maintenance, and customer services. Maintaining this infrastructure prevents costly operational disruptions and supports the continued viability of these local enterprises. • Supports Recreation and Tourism: The boat ramp, dock, and adjacent waterfront areas attract approximately 3,000 residents and tourists annually who engage in boating, kayaking, fishing, and general waterfront access. These recreational users contribute an estimated $1.2 million each year to the local economy through spending on fuel, dining, lodging, retail, and equipment rentals. Enhancing infrastructure safety and accessibility helps sustain and grow this important rural economic sector. • Promotes Community Resilience: As one of the few public waterfront access points in North Mason, the Port provides essential access not only for commercial and recreational users but also for emergency services and Squaxin Island Tribe members engaged in traditional harvesting. Proactive maintenance prevents deterioration that could lead to closures or costly emergency repairs, thereby protecting long-term public access and supporting community well-being. • Aligns with CEDS Goals: The project is specifically identified in Mason County’s 2024 Comprehensive Economic Development Strategy (CEDS) as a priority for rural infrastructure investment. It directly supports goals to strengthen rural port districts, promote sustainable marine-based industries, enhance transportation infrastructure, and foster economic diversification in Mason County’s rural communities. • Advances Equity and Public Benefit: By maintaining ADA-compliant restrooms, walkways, and clear, accessible signage, the Port ensures that people with disabilities can safely and comfortably access all public areas. This commitment is especially important for tribal members from the Squaxin Island Tribe, who rely on the Port’s boat launch and facilities for traditional shellfish harvesting and cultural activities. • Creates Opportunities for Workforce Engagement: The Port partners directly with the North Mason High School Career and Technical Education (CTE) program to provide hands- on learning, internships, and mentorship opportunities in maritime operations, environmental science, and fisheries management. Additionally, collaboration with the Case Inlet Fisheries Task Force supports youth involvement in sustainable fisheries practices and local ecosystem stewardship, fostering the next generation of marine industry professionals. • By investing in the Port’s physical infrastructure, this project helps preserve critical public assets that underpin economic development opportunities, quality of life, and sustainable development in Mason County’s rural communities. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [X] Yes [ ] No 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. 1. Engineering Reports and Feasibility Studies • Formal Engineering Reports: None completed or required to date. The project scope involves routine maintenance and repair of existing Port infrastructure without any major structural modifications or ground disturbance. • On-site Assessments: Port staff and contracted maintenance specialists have conducted detailed visual inspections and condition assessments of key assets including: o Dock structures (pilings, ecology blocks, decking, hardware) for wear and damage requiring repair or replacement o Parking lot surface condition to identify areas needing sealcoating and striping o Restroom facilities to assess plumbing, fixtures, and structural upkeep needs o Landscaping and trailhead areas for safety, aesthetics, and signage needs • Vendor Inspections: Informal scoping site visits with specialty contractors: o Maintenance vendors for dock and facility repairs o Paving contractors for parking lot resurfacing planning o Certified arborists to evaluate tree health and safety concerns around Port property 2. Environmental Studies • No formal environmental impact studies or assessments have been completed or are anticipated. • The project will avoid any in-water work, soil disturbance, or expansion beyond existing footprints, thereby minimizing environmental risk. • Routine maintenance methods will adhere to best management practices consistent with prior approvals. 3. Permitting Status • Current Permits: None obtained, as no new construction, in-water work, or major modifications are planned. • Potential Future Permits: Should specific repair or maintenance activities later trigger permit requirements (e.g., minor in-water repairs, electrical or plumbing upgrades), the Port commits to obtaining all necessary local, state, and federal permits prior to commencement. • All work will conform to applicable regulatory frameworks including shoreline management, critical area ordinances, and environmental protection standards. 5. Has other funding been secured? [X] Yes [ ] No. If yes, list source(s) of funding. The Port has committed $10,000 from its operating budget toward the total project cost. Given the Port’s small tax base and very limited financial resources, this local contribution reflects a significant investment by the Port and demonstrates strong support and readiness to proceed. The remaining funds are being sought through the .09 Rural County Sales Tax program. 6. Please list other funding sources, which have been pursued or currently pursued. The Port of Grapeview is actively pursuing .09 Rural County Sales Tax funding through Mason County to support this project. At this time, no additional external funding sources have been applied for. However, the Port continues to monitor potential opportunities for grants or partnerships that align with the scope and goals of this project. 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3 Create in 4-5 years Create in 6-10 years Number of jobs retained No formal job creation study has been conducted, so the Port cannot provide an exact number of full-time, permanent jobs directly created by this project. However, the project is expected to contribute to job retention and future employment opportunities in the following specific ways: • Commercial Shellfish Industry Support: The boat launch and dock improvements directly benefit commercial shellfish growers who rely on consistent, reliable access to the waterfront for harvesting and transport operations. These businesses typically employ full-time workers in roles such as marine harvesting, aquaculture management, and seafood processing. By maintaining essential infrastructure, the project helps retain these existing jobs. • Recreational Boating and Marina Services: The Fair Harbor Marina and other local marine service providers depend on Port infrastructure to serve recreational boaters. Improved facilities support year-round business operations, contributing to the stability of full-time marina staff, vessel maintenance technicians, charter operators, and fuel dock attendants. • Tourism and Seasonal Employment Stability: Enhanced public access and infrastructure improvements draw more visitors to the area, providing direct support to small businesses such as retail shops, bait and tackle stores, restaurants, cafes, and lodging providers. While many jobs in this sector are seasonal, better access and improved aesthetics help extend the visitor season—boosting both the number and duration of local employment opportunities. • Workforce Development and Career Pathways: Through its partnerships with North Mason High School’s Career & Technical Education (CTE) program and the Case Inlet Fisheries Task Force, the Port facilitates hands-on learning in marine science, environmental monitoring, and resource management. These programs expose students to careers in maritime trades and environmental stewardship, fostering a pipeline of future skilled workers in industries such as: o Fisheries biology o Marine equipment operation o Environmental restoration o Port and harbor operations • Port Operations and Maintenance: The project ensures the continuity of existing Port services by repairing and preserving aging infrastructure. This ongoing work supports employment for Port staff and contracted service providers in maintenance, safety inspections, and marine construction—roles that are often full-time or recurring seasonal positions. 8. Please indicate number of businesses that will directly benefit from the public facility. The Port estimates that 6 to 10 local businesses will directly benefit from the proposed improvements to public facilities. These include: • Taylor Shellfish – The Port’s largest commercial user, which relies on daily access to the dock and parking facilities for aquaculture operations in Case Inlet. According to a recent blog post, Taylor Shellfish employs more than 700 people across approximately 30 farms, processing facilities, restaurants, and markets in Washington State. • Other Local Shellfish Growers – Several smaller commercial operators use the Port’s facilities to support harvesting, transport, and shoreline access for tideland leases. • Fair Harbor Marina – A full-service marina offering moorage, a fuel dock, vessel support services, and a small retail store, all of which depend on reliable Port infrastructure. • Tourism and Charter Operators – Businesses offering recreational boating, fishing, and eco-tourism excursions rely on safe and functional access points provided by the Port. • Festival Vendors and Local Artisans – Participants in the annual Grapeview Water & Art Festival co-hosted by the Port benefit from upgraded facilities that enhance vendor access and visitor experience. In addition to these direct beneficiaries, the project is expected to generate indirect benefits for nearby restaurants, lodging providers, and retail shops, due to increased public use of the waterfront, improved visitor amenities, and enhanced regional visibility for Grapeview as a recreational destination. 9. Please list other significant factors about the project that should be considered. • Critical Public Access: The Port’s facilities provide one of the few remaining public access points to Case Inlet for both recreational and commercial use. Maintaining and improving this access is vital to the community and working waterfront. • Support for Local Economic Development: This project supports not only shellfish operations and marine-related businesses but also community events like the Grapeview Water & Art Festival, which boosts seasonal economic activity and tourism. • Education & Workforce Development: The Port is collaborating with North Mason High School and the Case Inlet Fisheries Task Force to support educational and workforce development opportunities for students interested in marine sciences and fisheries. • Environmental Stewardship: Improvements to the dock and shoreline access will support sustainable marine practices and enhance environmental protections, particularly for the sensitive aquatic habitat in and around the inlet. • Community Support & Readiness: The project aligns with the Port’s Comprehensive Scheme of Harbor Improvements and has been identified as a priority in the Mason County CEDS. The Port is contributing $10,000 from its own funds, demonstrating strong local commitment. In addition, the project is supported by key business and community stakeholders, including Taylor Shellfish – the Port’s largest commercial user – and other local shellfish operators who rely on port infrastructure for safe and efficient access to Case Inlet. Their support underscores the project’s importance to regional economic vitality and development. The Port is ready to proceed with this project and work will begin as soon as funding is secured, and conditions allow. 10. List, in detail, how the money requested would be spent on the proposed project. The Port of Grapeview is requesting funds to support critical maintenance and improvement work at its public dock, boat ramp, parking areas, restroom facility, walkways, signage, landscaping, and shoreline access area. If awarded, the .09 Rural County Sales Tax funds would be used for the following project components: • Dock Structural Repairs: o Replace deteriorated structural components such as support timbers, decking, pilings, ecology blocks, floats, rub-rails, and fasteners. o Apply protective coatings to extend the life of the structures and reduce long-term maintenance needs. • Landscaping Maintenance and Site Improvements: o Perform general landscaping maintenance to enhance the appearance and usability of Port facilities, including mowing, trimming, weed control, and removal of invasive vegetation. o Re-establish planting beds and native vegetation where appropriate to improve aesthetics and support environmental stewardship. o Maintain clear sightlines for signage, safety, and accessibility around trails, parking areas, and public spaces. • Parking Area Enhancements: o Reseal and re-stripe the lower asphalt parking lot to improve surface quality, visibility, and traffic flow. o Expand capacity in the upper parking lot by creating additional marked spaces to better accommodate peak use. o Install vehicle curb stops and updated signage to improve organization and safety for boat launch and trailer traffic. • Restroom Facility Maintenance and Upkeep: o Perform maintenance and improvements to the Port’s public restroom facility, including exterior and interior painting, minor repairs, and general upkeep. o Address wear and weathering to preserve the structure and ensure a clean, welcoming environment for visitors. o Evaluate additional needs such as lighting, signage, or accessibility improvements to maintain safety and usability. • Buoy Inspection and Maintenance: o Contract a professional diver to inspect and clean the Port’s navigation buoys, which are installed to reduce speed and enhance safety around the Port’s waterfront area. o Ensure all buoys are properly anchored, visible, and in good condition to promote safe boating practices in high-traffic areas near the launch and dock. o Replace or repair buoys as needed to maintain compliance with marine safety guidelines. • Tree Safety Assessment and Mitigation (if needed): o Engage a certified arborist to assess the health and structural integrity of the historic 207-year-old Garry Oak near visitor/restrooms area, as well as other mature trees located on Port property. o Based on the evaluation, implement necessary mitigation measures—such as pruning and structural support to address any safety hazards and ensure the continued health of the trees and safety of the public. • Contingency and Permit-Related Expenses: o Allocate funds to cover any required permits, inspections, or unforeseen project costs. The funds will be used efficiently to ensure public safety, protect Port infrastructure, support economic development, and preserve public access to marine resources. The Port will also contribute $10,000 from its operating budget toward these efforts. MEMORANDUM OF UNDERSTANDING Between MASON COUNTY and Port of Grapeview To provide funding from the Rural County .09 Sales Tax Fund (#103) to support the Port of Grapeview's Facility Maintenance and Improvements Project 1. Purpose. This agreement is between the Mason County (County) and Port of Grapeview (Port) to provide up to $25,000 In funding from the Rural County .09 Sales Tax Fund (#103). 2. Recitals. a) Funds for this Memorandum of Understanding (MOU) are provided as allowed in RCW 82.14.370 sales and use tax for public facilities In rural counties. b) The Port of Grapeview submitted a request for $25,000 from the .09 Rural County Sales & Use Tax Fund (#103) to perform critical repairs and upgrades to public infrastructure. c) The 2025-2026 Comprehensive Economic Development Strategy (CEDS) project list includes this project. 3. Agreement. The parties hereto mutually agree to the following understanding: a) The Port will provide a budget by expense category totaling $25,000 for the 2026 one-year contract to Mason County within 15 days of contract execution. b) The Port will be responsible for completing the work on this project and will submit eligible invoices to the County for reimbursement. Costs incurred by the Port prior to or after the term of this MOU shall be incurred at the expense of the Port and are not compensable under this MOU. c) The Port will maintain complete financial records relating to this agreement. All records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be open for audit or Inspection by the County or by any duly authorized audit representative of the State of Washington for a period of at least three years after the contract term. If any such audit Identifies discrepancies in the financial records, the Port shall provide clarification and/or make adjustments accordingly. d) The County will make payment to the Port within 30 days of the receipt of eligible Invoices. 4. Term: The term for this MOU Is January 1, 2026 and ends December 31, 2026. 5. Compensation: MOU total value Is not to exceed $25,000. 6. Administration of Contract: County hereby appoints, and the Port hereby accepts, the Mason County Board of County Project/Expense Category Total Project Budget 09 Fund Budget Dock & Ramp Upgrades 7,500.00$ 5,000.00$ Lanscaping Site Improvements to include Tree Safety Assessment & Mitigation 7,500.00 5,000.00 Parking Area Upgrades and Improvements 15,000.00 11,150.00 Restroom Facility Upgrades and Improvements 2,500.00 2,000.00 Bouy & Asset Inspections (Safety Enhancements)1,500.00 1,200.00 Well / Pump House Upgrades 650.00 650.00 Contingency or Unforseen Expenses 350.00 - Total: 35,000.00$ 25,000.00$ Port of Grapeview 2026 Critical Repairs and Upgrades to Public Infrastructure Budget Facility Maintenance and Improvements Project 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. 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 1 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. 2 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 3 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 4 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. 5 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. 6 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- 7 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 10 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. 13 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. 15 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. 16 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 17 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 18 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: 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: 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): 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 25, 2025 & October 2, 2025 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Michael Collins, PLS, PE, County Engineer Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): July 21, 2025 Agenda Date(s): August 5, 2025- Set Hearing September 16, 2025 - Hearing Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the requesting Department) Item: Adoption of the 2026 Annual Construction Program and 2026-2031 Six-Year Transportation Improvement Program (TIP) Background/Executive Summary: In accordance with RCW 36.81.121 and RCW 36.81.130, Mason County is required to annually prepare and update a Six-Year Transportation Improvement Program (6-Year TIP). Procedures for establishing priorities and compiling the TIP are detailed in WAC 136-14 and WAC 136-15. To support public involvement in transportation planning, Mason County established the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). TIP-CAP met on June 11 and July 9 to review and discuss the proposed 2025 Annual Construction Program and the 2025–2030 6-Year TIP. The panel voted to approve the draft program on July 9, 2025. On August 5, 2025, the Board of County Commissioners took action to set a public hearing for September 16th at 9:15 a.m. to consider adoption of the proposed program. Following this action, the County Engineer conducted a final budget review. As a result of identified funding constraints, the following three projects were removed from the proposed program: • #3 – Bear Creek Dewatto Road Improvement Project (MP 5.37–8.45) Estimated cost: $1.2 million • #10 – Programmatic Bridge Repairs (Various Locations) Estimated cost: $65,000 • #11 – County-Wide Small Capital Projects (Various Locations) Estimated cost: $100,000 These removals were necessary to align the proposed program with current budget availability. These changes were shared with TIP-CAP during their regularly scheduled meeting on August 13, 2025. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Annual 2026 expenditures are planned to be $12.6 million. This includes $2.3 million from the Road Fund and $10.2 million from outside sources. County forces will be used to construct approximately $1.22 million of the annual construction program, which is within the allowable limit of $1.26. Public Outreach: • Hearing notice published in the Shelton Journal • TIP-CAP meetings (open to the public). • Draft documents available on the Public Works webpage, which includes a virtual link to proposed TIP projects. This link provides detailed information and location of projects: https://storymaps.arcgis.com/stories/9db68a4f8a064d6897c5291f15d7a427 Requested Action: Requesting the Board to adopt two resolutions to approve the 2026 Annual Construction Program and the Six-Year Transportation Improvement Program for 2026-2031. Attachment(s): 1. Draft 2026 Annual 2. Draft Six-Year TIP (2026-2031) 3. Resolution for Annual w/Exhibit A 4. Resolution for Six-Year COUNTY >> A TOTAL COSTRUCTION DONE - columns (13) + (14)DATE RECOMMENDED PROG. SUBMITTED B COMPUTED COUNTY FORCES LIMIT DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION - (column (14)ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT (1)(2)(3)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(15) ROAD #ROAD NAME BMP EMP FFC 01 1 ELFENDAHL PASS RD IMPROVEMENT PROJECT 80610 ELFENDAHL PASS RD 1.85 4.85 08 3.00 D E 332,000 825,000 STP 0 0 1,157,000 0 1,157,000 02 2 CLOQUALLUM RD SAFETY IMPROVEMENT PROJECT 10000 CLOQUALLUM RD 1.52 5.89 07 4.37 D E 189,000 1,211,000 HSIP 0 0 1,400,000 0 1,400,000 03 3 ROCK CREEK ROAD (GRAVEL CONVERSION)10480 ROCK CREEK RD 0.00 1.10 09 1.10 C E 90,000 0 0 0 0 90,000 90,000 04 4 WEBB HILL RD (GRAVEL CONVERSION)57530 WEBB HILL RD 1.79 3.00 09 1.21 C E 100,000 0 0 100,000 100,000 05 5 EELLS HILL (GRAVEL CONVERSION) 40850 EELLS HILL RD 1.28 2.30 09 1.02 C E 80,000 0 0 80,000 80,000 06 6 TAHUYA P0ST OFFICE BRIDGE 70390 N. SHORE ROAD 14.88 14.90 08 0.02 I I 200,000 0 0 0 200,000 200,000 07 7 LITTLE SKOOKUM INLET TRIBUTARIES FISH PASSAGE 15500 LYNCH AND PHILLIPS 07 0.00 L E 522,810 2,963,000 RCO 2,985,810 500,000 3,485,810 08 8 BEAR CREEK DEWATTO ROAD (ROCK PIT)79800 BEAR CR DEWATTO RD 0.43 1.02 07 0.59 RC I 64,000 576,000 RAP 20,000 20,000 600,000 640,000 09 9 NEIGHBORHOOD ROADWAY SAFETY GRANTS Various 0.00 Other E 10,000 0 10,000 10,000 10 10 JOHNS PRAIRIE RD/ SR 3 INTERSECITON 91720 Johns Prairie Road 3.60 3.77 17 0.17 Other E 55,000 0 15,000 40,000 55,000 11 11 BEAR CREEK DEWATTO CULVERT REPLACEMENT 79800 BEAR CREEK DEWATTO 6.14 6.21 08 0.07 L E 50,000 450,000 RAP 50,000 0 450,000 500,000 12 12 BLEVINS RD EVERGREEN ESTATES WATER EXTENSION 50990 BLEVINS RD NORTH 0.00 0.22 19 0.22 D I 0 551,764 CDBG 100,000 0 451,764 0 551,764 13 13 BEAR CREEK DEWATTO (TIGER) 79800 BEAR CR DEWATTO RD 1.53 1.96 07 0.43 RC i 103,500 931,500 RAP 20,000 20,000 995,000 1,035,000 14 14 CLOQUALLUM ROAD IMPROVEMENT PROJECT 10000 CLOQUALLUM RD 6.60 7.80 07 1.20 D E 200,000 1,000,000 RAP 0 0 700,000 500,000 1,200,000 15 15 Belfair Connector - Log Yard Road E.New Log Yard Road E.0.00 A,B,D,G S 100,000 0 50,000 50,000 0 0 100,000 16 16 Belfair Connector - Romance Hill Road 86500 Romance Hill Road 0.00 A,B,D,G S 100,000 0 50,000 50,000 0 0 100,000 17 17 SKOKOMISH VALLEY ROAD RECONSTRUCTION 41640 Skokomish Valley Road 3.80 4.60 08 0.80 A,B,D,G I 0 1,600,000 FLAP 0 0 1,600,000 0 1,600,000 18 18 RASOR ROAD EXTENSION 62400 RASOR ROAD 09 0.00 other S 150,000 150,000 0 150,000 19 19 WSDOT / COUNTY INTERSECTION FEASIBILITY Clifton, OBH/SR300,N.Bay/SR3 2.27 Other S 40,000 0 40,000 0 0 40,000 20 20 LYNCH ROAD CULVERT REPLACEMENT 15500 LYNCH ROAD 2.27 2.27 07 0.00 L E 0 182,000 RCO 182,000 0 0 182,000 PAGE/PROGRAM TOTALS, CONSTRUCTION 2,386,310 10,290,264 3,522,810 830,000 7,103,764 1,220,000 12,676,574 ROAD SEGMENT INFORMATION (4) TOTAL $'S 8,323,764$ 1,269,573$ 1,220,000$ AN N U A L P R O G R A M IT E M N U M B E R 6Y E A R R O A D PR O G R A M I T E M N O . PROJECT NAME PR O J E C T LE N G T H (Miles) PR O J E C T T Y P E C O D E ( S ) ANNUAL CONSTRUCTION PROGRAM FOR 2026 (8/05/25) EN V I R O N M E N T A L AS S E S S M E N T MASON GRAND TOTAL (ALL 595) SOURCES OF FUNDS COUNTY ROAD FUNDS OTHER FUNDS PROGRAM SOURCEAMOUNT ESTIMATED EXPENDITURES PE & CE (595.10) RIGHT OF WAY (595.20)CONTRACT CONSTRUCTION COUNTY FORCES CRAB FORM #3, MC REVISED 9/8/2025 Agency:Mason County 8/5/2025 Co. No.:23 Co. Name:Mason County Hearing Date:Adoption Date: City No. - - -MPO/RTPO:Peninsula Amend Date:-Resolution No.: Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 ELFENDAHL PASS RD RW 0 Rd. No.: 80610 CN 7/1/2026 STP 825 332 1157 1157 N/A From: MP 1.85 To: MP 4.85 STP PAVING PROJECT (BELFAIR TAHUYA NORTH THREE MILES) Total 2026 Project Cost $ 1,157,000 TOTALS 825 0 332 1157 1157 0 0 0 CRP PE 0 CLOQUALLUM ROAD SAFETY IMPROVEMENT PROJECT RW 0 Rd. No.: 10000 CN 7/4/2026 HSIP 1211 189 1400 1400 N/A From: MP 1.52 To: MP 5.89 SAFETY ENHANCEMENT (SHOULDERS, GUARDRAIL) Total 2026 Project Cost $ 1,400,000 TOTALS 1211 0 189 1400 1400 0 0 0 CRP PE 0 ROCK CREEK ROAD (GRAVEL CONVERSION)RW 0 Rd. No.: 10480 CN 7/4/2026 90 90 90 N/A From: MP 0.00 To: MP 1.10 GRAVEL CONVERSION TO CHIP SEAL Total 2026 Project Cost $ 90,000 TOTALS 0 0 90 90 90 0 0 0 CRP PE 0 0 WEBB HILL ROAD (GRAVEL CONVERSION)RW 0 Rd. No.: 57530 CN 8/1/2026 100 100 100 N/A From: MP 1.79 To: MP 3.00 GRAVEL CONVERSION TO CHIP SEAL Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 CRP PE 0 EELLS HILL ROAD (GRAVEL CONVERSION) RW 0 Rd. No.: 40850 CN 8/1/2026 80 80 80 N/A From: MP 1.28 To: MP 2.30 GRAVEL CONVERSION TO CHIP SEAL Total 2026 Project Cost $ 80,000 TOTALS 0 0 80 80 80 0 0 0 CRP PE 0 TAHUYA POST OFFICE BRIDGE RW 0 Rd. No.: 70390 N. SHORE ROAD CN 8/1/2026 200 200 200 N/A From: MP 14.88 To: MP 14.90 RAISE SUPERSTRUCTURE Total 2026 Project Cost $ 200,000 TOTALS 0 0 200 200 200 0 0 0 CRP PE 2/1/2026 FBRB 2685 300.81 2985.81 2985.81 LITTLE SKOOKUM INLET TRIBUTARIES FISH PASSAGE RW 2/1/2026 FBRB 300 200 500 500 Rd. No.: 15500 AND 16630 CN N/A From: MP To: MP FIVE CULVERT REPLACEMENTS ON LYNCH AND PHILLIPS ROAD Total 2026 Project Cost $ 3,485,810 TOTALS 0 2985 500.81 3485.81 3485.81 0 0 0 C. Project Title Pr o j e c t Ph a s e Federally Funded Projects OnlyExpenditure Schedule F. Describe Work to be Done E. Beginning MP or road - Ending MP or road 4th thru 6th3rdTo t a l L e n g t h E E 09 4 1.20 E 09 3 1.10 E 08 6 DRAFT Six Year Transportation Improvement Program From 2026 to 2031 07 2 4.37 E 08 1 3.00 Nu m b e r Pr i o r i t y Cl a s s Fu n c t i o n a l 2nd1st D. Street/Road Name of Number R/W Required Date (mm/yy) En vir Ty pe 1.02 E 09 5 0.02 E Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 08 7 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 4/1/2026 RATA 18 2 20 20 BEAR CREEK DEWATTO IMPROVEMENT PROJECT (ROCK PIT)RW 6/1/2026 RATA 0 20 20 20 Rd. No.: 79800 CN 8/1/2026 RATA 558 42 600 600 6/1/2024 From: MP 0.43 To: MP 1.02 RE-ALIGN ROAD AROUND ROCK PIT Total 2026 Project Cost $ 640,000 TOTALS 0 576 64 640 640 0 0 0 CRP PE 10 10 10 NEIGHBORHOOD ROADWAY SAFETY GRANTS RW 0 CN 0 Total 2026 Project Cost $ 10,000 TOTALS 0 0 10 10 10 0 0 0 CRP PE 4/1/2026 15 15 15 JOHNS PRAIRIE RD/ SR 3 INTERSECTION RW 6/1/2026 40 40 40 Rd. No.: 91720 CN From: MP 3.60 To: MP 3.77 INTERSECTION IMPROVEMENT Total 2026 Project Cost $ 55,000 TOTALS 0 0 55 55 55 0 0 0 CRP PE 4/1/2026 0 RATA 45 5 50 50 BEAR CREEK DEWATTO CULV. REPLACEMENT MP 6.18 RW 0 Rd. No.: 79800 CN 8/1/2026 RATA 405 45 450 450 From: MP 6.14 To: MP 6.21 CULVERT REPLACEMENT Total 2026 Project Cost $ 500,000 TOTALS 0 450 50 500 500 0 0 0 CRP PE 4/1/2026 CDBG 100 100 100 BLEVINS RD EVERGREE ESTATES WATER EXTENSION RW 0 Rd No.: 50990 CN 7/1/2026 CDBG 451.764 451.764 451.764 From MP 0.00 To: MP 0.22 WATER LINE EXTENSION Total 2026 Project Cost $ 551,764 TOTALS 0 551.764 0 551.764 551.764 0 0 0 CRP PE 4/1/2026 RATA 18 2 20 20 BEAR CREEK DEWATTO (TIGER) IMPROVEMENT PROJECT RW 6/1/2026 20 20 20 Rd No.: 79800 CN 8/1/2026 RATA 913.5 81.5 995 995 From MP 1.53 To: MP 1.96 RE-ALIGN ROAD Total 2026 Project Cost $ 1,035,000 TOTALS 0 931.5 103.5 1035 1035 0 0 0 CRP PE 0 COQUALLUM ROAD IMPROVEMENT PROJECT RW 0 Rd. No.: 10000 (WIVEL HILL)CN 6/1/2026 RATA 1000 200 1200 1200 From: 6.6 7.8 ROAD RE-ALIGNMENT AND PAVING PROJECT Total 2026 Project Cost $ 1,200,000 TOTALS 0 1000 200 1200 1200 0 0 0 CRP PE 1/1/2026 50 50 50 Belfair Connector - Log Yard Road E.RW 10/1/2026 50 50 50 Rd. No.: CN 0 From: SR3 To: Belfair Freight Corridor Design for new construction Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r 07 8 0.59 E To t a l L e n g t h Expenditure Schedule 07 08 09 17 18 19 9 E E 08 11 0.07 E 17 10 0.17 E 07 13 0.43 D C E 09 12 0.22 07 14 1.20 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 09 15 0.00 A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP 2019 PE 6/1/2026 50 50 50 Belfair Connector - Romance Hill RW 7/1/2026 50 50 50 Rd. No.: 86500 CN 0 From: SR3 To: Belfair Freight Corridor Design for new construction Total 2026 Project Cost $ 100,000 TOTALS 0 0 100 100 100 0 0 0 CRP PE 0 SKOKOMISH VALLEY ROAD RECONSTRUCTION RW Rd. No.: 41640 CN 8/1/2026 FLAP 1600 1600 1600 From: MP 3.8 To: MP 4.6 Road reconstruction partner w/ Mason Cons Dist $8M total project cost Total 2026 Project Cost $ 1,600,000 TOTALS 0 1600 0 1600 1600 0 0 0 CRP PE 0 RASOR ROAD EXTENSION RW 5/2/2026 150 150 150 Rd. No.: 62400 CN 0 From: MP TBD To: MP TBD EXTEND RASOR ROAD TO RASOR LANE Total 2026 Project Cost $ 150,000 TOTALS 0 0 150 150 150 0 0 0 CRP PE 4/1/2026 40 40 40 WSDOT / COUNTY INTERSECTION FEASIBILITY RW 0 Rd. No.: CLIFTON, OBH/ SR300, N. BAY/ SR 3 CN 0 From: MP To: MP Total 2026 Project Cost $ 40,000 TOTALS 0 0 40 40 40 0 0 0 CRP PE FBRB 182 182 182 LYNCH ROAD CULVERT REPLACEMENT RW Rd. No. 15500 CN From: MP. 2.27 To: MP. 2.27 PE. FOR CULVERT REPLACEMENT Total 2026 Project Cost $ 182,000 TOTALS 0 182 0 182 182 0 0 0 CRP PE UNCLE JOHNS CREEK LOWER CULVERT REPLACEMENT RW Rd. No.: 23500 AGATE LOOP ROAD CN 6/1/2027 FBRB 2580 2580 2580 From: MP 0.64 To: MP 0.64 CULVERT REPLACEMENT Total 2026 Project Cost $ 2,580,000 TOTALS 0 2580 0 2580 0 2580 0 0 CRP PE 0 MCREAVY ROAD SAFETY ENHANCEMENT PROJECT RW 0 Rd. No.: 97670 CN 8/1/2028 HSIP 1400 1400 1400 From: MP 2.55 To: 6.41 SAFETY ENHANCEMENT (SHOULDERS, GUARDRAIL) Total 2026 Project Cost $ 1,400,000 TOTALS 1400 0 0 1400 0 0 1400 0 CRP PE DECKERVILLE ROAD IMPROVEMENT PROJECT RW Rd. No.: 00800 CN 8/1/2028 STP 1300 1300 1300 From: MP 0.0 To: 3.80 HMA OVERLAY Total 2026 Project Cost $ 1,300,000 TOTALS 1300 0 0 1300 0 0 1300 0 16 0.00 3.80 Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r Expenditure Schedule Federally Funded Projects Only Pr o j e c t P h a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h 09 TB D 09 18 0.00 TB D 08 17 0.80 08 20 0.00 19 0.00 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS- Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 09 21 0.00 08 23 08 22 3.86 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 9/1/2027 BROS 150 150 150 CHAPMAN COVE BRIDGE REPLACEMENT RW 9/1/2027 BROS 150 150 150 Rd. No.: 23500 AGATE LOOP ROAD CN 8/1/2028 BROS 4000 4000 4000 From: MP 0.49 To: 0.49 BRIDGE REPLACEMENT Total Project Cost $ 4,300,000 TOTALS 4300 0 0 4300 0 300 4000 0 CRP PE 0 TRAILS ROAD IMPROVEMENT PROJECT RW 0 Rd. No.: 62310 CN 8/1/2027 1025 1025 1025 From: MP 0.0 To: MP 1.6 HMA OVERLAY Total Project Cost $ 1,025,000 TOTALS 0 0 1025 1025 0 1025 0 0 CRP PE 9/1/2028 BROS 150 150 150 HLIBOKI BRIGDE REPLACEMENT RW 9/1/2028 BROS 150 150 150 Rd. No. 10290 BULB FARM ROAD CN 8/1/2029 BROS 3000 3000 3000 From: MP 0.35 To MP 0.35 BRIDGE REPLACEMENT Total Project Cost $ 3,300,000 TOTALS 3300 0 0 3300 0 0 300 3000 CRP PE 0 HIGHLAND ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 04450 CN 8/1/2027 STP 865 135 1000 1000 From: MP 4.62 To: MP 7.92 HMA OVERLAY Total Project Cost $ 1,000,000 TOTALS 865 0 135 1000 0 1000 0 0 CRP PE 0 HIGHLAND ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 04450 CN 8/1/2031 STP 865 400 1265 1265 From: MP 0.00 To: MP 4.62 HMA OVERLAY Total Project Cost $ 1,265,000 TOTALS 865 0 400 1265 0 0 0 1265 CRP PE 12/1/2027 BROS 221 73.5 294.5 294.5 EVERS BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No.90100 MATLOCK BRADY RD CN 8/1/2028 BROS 614.25 204.75 819 819 From: MP 23.05 To: MP 23.05 Strip existing timber surface and re-apply protective coating Total Project Cost $ 1,113,500 TOTALS 835.25 0 278.25 1113.5 0 294.5 819 0 CRP PE 12/1/2027 BROS 199.5 66.5 266 266 MISSION CREEK 3 BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No. 84110 STEELHEAD RD CN 8/1/2028 BROS 600 200 800 800 From: MP 0.04 To: MP 0.04 Construct footing and pier wall and replace the North approach Total Project Cost $ 1,066,000 TOTALS 799.5 0 266.5 1066 0 266 800 0 CRP PE 12/1/2027 BROS 56.25 18.75 75 75 VANCE CREEK DIV BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No. 41640 SKOKOMISH VALLEY RD CN 8/1/2028 BROS 400 150 550 550 From: MP 4.56 To: MP 4.56 Replace damaged concrete girder Total Project Cost $ 625,000 TOTALS 456.25 0 168.75 625 0 75 550 0 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done 09 24 0.00 Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 09 26 0.00 07 25 1.60 07 28 4.62 07 27 3.30 09 30 0.00 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 07 29 0.00 08 31 0.00 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 1/1/2027 BROS 100 100 100 HARSTINE ISLAND BRIDGE IMPROVEMENT PROJECT RW 0 Rd. No. 3000 CN 8/1/2029 BROS 900 900 900 From: MP 0.12 To: MP 0.40 Repair spalding on columns Total Project Cost $ 1,000,000 TOTALS 1000 0 0 1000 0 100 0 900 CRP PE 1/1/2029 20 20 20 SAND HILL ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 86070 TOP HILL TO BCD CN 8/1/2030 1400 1400 1400 From: MP 1.22 To: MP 5.79 HMA OVERLAY Total Project Cost $ 1,420,000 TOTALS 0 0 1420 1420 0 0 0 1420 CRP PE 1/1/2026 20 20 20 BEAR CREEK DEWATTO RD IMPROVEMENT PROJECT RW 0 Rd. No. 79800 TAHUYA BLACKSMITH TO CN 8/1/2031 RATA 1000 200 1200 1200 From: MP 8.45 To: MP 10.35 DEWATTO HOLLY HMA OVERLAY AND ROAD RE-ALIGNMENT Total Project Cost $ 1,220,000 TOTALS 0 1000 220 1220 20 0 0 1200 CRP PE 1/1/2027 20 20 20 BELFAIR TAHUYA RD IMPROVEMENT PROJECT RW 0 Rd. No. 97500 DEWATTO RD TO CN 8/1/2028 1400 1400 1400 From : MP 7.48 To: MP 11.75 N. SHORE RD HMA OVERLAY Total Project Cost $ 1,420,000 TOTALS 0 0 1420 1420 0 20 1400 0 CRP PE 4/1/2030 BROS 720 180 900 900 STRETCH ISLAND BRIDGE REPLACEMENT RW 4/1/2030 BROS 100 20 120 120 Rd. No. 64500 ECKERT ROAD CN 4/1/2031 BROS 6835.2 1708.8 8544 8544 From: MP 0.14 To: MP 0.21 Replace the 356' bridge Total Project Cost $ 9,564,000 TOTALS 7655.2 0 1908.8 9564 0 0 0 9564 CRP PE 0 CLIFTON AND SR 300 INTERSECTION IMPROVEMENT RW 0 Rd. No. 86750 & 98250 CN 8/1/2031 HSIP 3000 3000 3000 From: MP 0.20 Construct a roundabout at the intersection Total Project Cost $ 3,000,000 TOTALS 3000 0 0 3000 0 0 0 3000 CRP PE BROCKDALE AND BASTONE CUT-OFF INTERSECTION IMPROVEMENT RW Rd. No. 90090 & 51300 CN 8/1/2031 HSIP 2000 2000 2000 From: MP 0.00 Construct a roundabout at the intersection Total Project Cost $ 2,000,000 TOTALS 2000 0 0 2000 0 0 0 2000 CRP PE AGATE ROAD IMPROVEMENT PROJECT #4 RW Rd. No. 23910 CRESTVIEW TO PICKERIN CN 8/1/2029 1110 1110 1110 From: MP 3.78 To: MP 6.65 County crew to prepare shoulders contract HMA overlay 12' lanes & 5' shoulders Total Project Cost $ 1,110,000 TOTALS 0 0 1110 1110 0 0 0 1110 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r C. Project Title D. Street/Road Name of Number 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done 0.00 To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e En vir Ty pe R/W Required Date (mm/yy) 1st 2nd 3rd 07 32 08 34 1.90 08 33 4.57 09 36 0.07 08 35 4.27 07 37 0.00 07 39 2.87 17 38 0.00 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 MASON LAKE ROAD IMPROVEMENT PROJECT 1 RW 0 Rd. No. 52210 SR3 TO MCEWAN PRAIRIE CN 8/1/2031 800 800 800 From: MP 0.00 To: MP 1.42 Overlay the road 12' wide lanes & 5' wide shoulders Total Project Cost $ 800,000 TOTALS 0 0 800 800 0 0 0 800 CRP PE 0 MASON LAKE ROAD IMPROVEMENT PROJECT 2 RW 0 Rd. No. 52210 TO TRAILS ROAD CN 8/1/2031 STP 994.75 155.25 1150 1150 From: MP 7.83 To: MP 10.13 Overlay the road 12' wide lanes & 5' wide shoulders Total Project Cost $ 1,150,000 TOTALS 994.75 0 155.25 1150 0 0 0 1150 CRP PE 0 OLD BELFAIR HYW IMPROVEMENT PROJECT RW 0 Rd. No. 98250 TO COUNTY LINE CN 8/1/2029 STP 865 135 1000 1000 From: MP 2.60 To: MP 3.86 HMA 12' lanes & 5' shoulders Total Project Cost $ 1,000,000 TOTALS 865 0 135 1000 0 0 0 1000 CRP PE 0 PICKERING ROAD IMPROVEMENT PROJECT RW 0 Rd. No. 28850 HARSTINE BR TO CN 8/1/2031 STP 865 300 1165 1165 From: MP 3.37 To: MP 6.28 AGATE RD HMA OVERLAY Total Project Cost $ 1,165,000 TOTALS 865 0 300 1165 0 0 0 1165 CRP PE 0 SOUTH ISLAND DRIVE IMPROVEMENT PROJECT II RW 0 Rd. No. 35230 MP 1.0 TO HARSTINE ISLAND RD S CN 8/1/2030 STP 865 135 1000 1000 From: MP 1.0 To: MP 3.3 HMA OVERLAY Total Project Cost $ 1,000,000 TOTALS 865 0 135 1000 0 0 0 1000 CRP PE 0 SOUTH ISLAND DRIVE IMPROVEMENT PROJECT I RW 0 Rd. No. 35230 CN 8/1/2031 RATA 700 72 772 772 From: MP 0.00 To: MP 1.00 HMA 12' lanes & 2' shoulders. 1' gravel shoulders; correct horizontal curves Total Project Cost $ 772,000 TOTALS 0 700 72 772 0 0 0 772 CRP PE 8/1/2027 150 150 150 COLE ROAD RAILROAD CROSSING IMPROVEMENT PROJECT RW 0 Rd. No. 15830 CN 0 From: MP 1.41 To: MP 1.41 REPLACE RAIL ROAD CROSSING Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 150 0 0 CRP PE 8/1/2027 150 150 150 NEW ROAD CONSTRUCTION COLE RD TO CRAIG RD RW 0 Rd. No. CN 0 From: MP To: MP NEW ROAD CONSTRUCTION Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 17 40 Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 07 41 2.30 En vir Ty pe 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done 1.42 08 43 2.91 07 42 1.26 08 44 2.30 07 46 0.00 08 45 1.00 47 0.63 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 8/1/2030 150 150 150 NEW ROAD CONSTRUCTION CRAIG RD TO RYAN RD RW 0 Rd. No.: CN 0 From: MP To: MP NEW ROAD CONSTRUCTION Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 8/1/2032 150 150 150 NEW ROAD CONSTRUCTION MANOR RD TO GOLDEN PHEASANT RD RW 0 Rd. No. CN 0 From: MP To: MP NEW ROAD CONSTRUCTION Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 4/1/2030 150 150 150 NEW ROAD CONSTRUCTION KAMILCHE LANE TO MANOR RD RW 0 Rd. No. CN 0 From: MP To: MP NEW ROAD CONSTRUCTION Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 8/1/2026 FBRB 1.25 1.25 1.25 BEEVILLE ROAD CULVERT REPLACEMENT RW 0 Rd. No. 01650 PETERSON CREEK CN 0 From: MP 1,14 To: MP 1.20 CULVERT REPLACEMENT Total Project Cost $ 1,250 TOTALS 0 1.25 0 1.25 1.25 0 0 0 CRP PE 8/1/2030 150 150 150 NEW ROAD CONSTRUCTION RYAN RD TO BREWER RD RW 0 Rd. No. CN 0 From: MP To: MP NEW ROAD CONSTRUCTION Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 0 0 150 CRP PE 0 MATLOCK BRADY ROAD SAFETY ENHANCEMENT PROJECT RW 0 Rd. No.: 90100 MATLOCK TO EVERS CN 8/1/2030 HSIP 1800 1800 1800 From: MP 16.67 To: MP 23.04 SHOULDER PAVING Total Project Cost $ 1,800,000 TOTALS 1800 0 0 1800 0 0 0 1800 CRP PE 1/1/2027 RTGP 400 400 400 MCEWAN PRAIRIE EXTENTION TO SR 101 RW 1/1/2028 RTGP 400 400 400 Rd. No.: 51800 CN 0 From: MP 2.45 To: MP 4.55 Road,bridges, roundabouts Rural Surface Transportation Grant Program Total Project Cost $ 800,000 TOTALS 800 0 0 800 0 400 400 0 CRP PE 1/1/2027 RTGP 400 400 400 RASOR ROAD EXTENSION TO SR 3 RW 1/1/2028 RTGP 400 400 400 Rd. No.: 62400 CN 0 From: MP 2.36 To: MP 4.36 Road, roundabouts Rural Surface Transportation Grant Program Total Project Cost $ 800,000 TOTALS 800 0 0 800 0 400 400 0 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e En vir Ty pe R/W Required Date (mm/yy) Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h C. Project Title D. Street/Road Name of Number 08 48 1.00 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road F. Describe Work to be Done Fu n c t i o n a l 50 0.54 49 0.70 09 51 0.06 07 53 6.37 52 0.68 55 2.00 07 54 2.10 BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 BOLLING ROAD (GRAVEL CONVERSION) RW 0 Rd. No.: 10510 CN 8/1/2028 40 40 40 From: MP 0.00 To: MP 0.28 GRAVEL CONVERSION TO CHIP SEAL Total Project Cost $ 40,000 TOTALS 0 0 40 40 0 0 40 0 CRP PE 1/1/2027 RTGP 800 800 800 CLOQUALLUM ROAD EXTENTION TO SR 101 RW 1/1/2028 RTGP 500 500 500 Rd No.: 10000 CN 0 From: MP 1.47 To: MP 1.53 On / Off ramps to SR 101 Rural Surface Transportation Grant Program Total Project Cost $ 1,300,000 TOTALS 1300 0 0 1300 0 800 500 0 CRP PE 0 NORTH SHORE ROAD (GRAVEL CONVERSION) RW 0 Rd. No.: 70390 BURMA ROAD CN 8/1/2027 300 300 300 From: MP 19.76 To: MP 25.48 GRAVEL CONVERSION TO CHIP SEAL Total Project Cost $ 300,000 TOTALS 0 0 300 300 0 300 0 0 CRP PE 8/1/2027 150 150 150 LYNCH ROAD RAILROAD CROSSING IMPROVEMENT PROJECT RW 0 Rd. No. 15500 CN 0 From: MP 0.73 To: MP 0.73 REPLACE RAIL ROAD CROSSING Total Project Cost $ 150,000 TOTALS 0 0 150 150 0 150 0 0 CRP PE 0 DEEGAN ROAD WEST CULVERT REPLACEMENT RW 0 Rd. No.: 06110 CN 8/1/2031 2000 2000 2000 From: MP 0.20 To: MP 0.30 Total Project Cost $ 2,000,000 TOTALS 0 0 2000 2000 0 0 0 2000 CRP PE 0 MATLOCK BRADY ROAD SAFETY ENHANCEMENT PROJECT RW 0 Rd. No.: 90100 EVERS TO SHAFER CN 8/1/2031 HSIP 1100 1100 1100 From; MP 23.05 To: MP 26.26 Total Project Cost $ 1,100,000 TOTALS 1100 0 0 1100 0 0 0 1100 CRP PE 1/1/2027 150 150 150 SIMMONS EXTENTION TO LYNCH RD RW 0 Rd. No.: 15240 NEW ROAD CN 0 From; MP To: MP Total Project Engineering Cos $ 150,000 TOTALS 0 0 150 150 0 150 0 0 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 57 0.06 09 56 0.28 F. Describe Work to be Done 1st 2nd 3rd 4th thru 6th E. Beginning MP or road - Ending MP or road 08 58 5.72 08 60 0.10 07 59 0.00 61 3.21 09 62 1.00 07 Project Identification Project Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy)Code Phase Source Funds Funds Funds CRP PE 0 ARCADIA ROAD SAFETY IMPROVEMENT PROJECT RW 0 Rd. No.: 91100 COLLIER TO LYNCH RD CN 8/1/2031 SS4A 1700 1700 1700 From; MP 1.82 To: MP 7.04 Total Project Cost $ 1,700,000 TOTALS 1700 0 0 1700 0 0 0 1700 TOTALS 80.27 40901.95 12557.51 15853.86 69313 12698 8011 11909 36696 E. Beginning MP or road - Ending MP or road F. Describe Work to be Done Fu n c t i o n a l Cl a s s Pr i o r i t y Nu m b e r To t a l L e n g t h Expenditure Schedule Federally Funded Projects Only Pr o j e c t Ph a s e C. Project Title En vir Ty pe R/W Required Date (mm/yy) D. Street/Road Name of Number 1st 2nd 3rd 4th thru 6th Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BROS - Bridge Replacement Project TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 08 63 1.00 Exhibit A 2026 Equipment Purchase Plan MEETING Commissioner's Regular Meeting DATE TIME September 16, 2025 9 a.m. LOCATION Commission Chambers DO YOU NO NAME PHONE EMAIL CITY, STATE WISH TO TESTIFY 2 Ake 1is .�lc ZjGn/ l Ja(x GU-l6zCorin ti l'o(14'4 �) L�1w�C:\N 4 5 6 7 8 9 10 11 12 13 *Attendance rosters are subject to the Public Records Act; RCW 42.56 No. 104349-0 SUPREME COURT OF THE STATE OF WASHINGTON MATTHEW FROHLICH and WASHINGTON STATE REPUBLICAN PARTY, Appellants, v. CLARK COUNTY WASHINGTON and STEVE HOBBS, in his official capacity as Secretary of State of Washington, Respondents. MEMORANDUM OF AMICI CURIAE STEVE DUENKEL, IN HIS OFFICIAL CAPACITY AS COUNTY AUDITOR OF MASON COUNTY, AND BRYAN ELLIOTT, IN HIS OFFICIAL CAPACITY AS COUNTY AUDITOR OF KITTITAS COUNTY Ashley D. Burman, WSBA No. 57854 CARNEY BADLEY SPELLMAN, PS 701 Fifth Avenue, Suite 3600 Seattle, Washington 98104 (206) 622-8020 Attorneys for Amici Curiae Steve Duenkel, in his official capacity as County Auditor of Mason County, and Bryan Elliott, in his official capacity as County Auditor of Kittitas County FR0027-0001 8058687.docx TABLE OF CONTENTS Page TABLE OF AUTHORITIES iii I. IDENTITY AND INTEREST OF AMICI CURIAE 1 II. ISSUES OF CONCERN TO AMICI CURIAE 1 III. RELEVANT LEGAL & PROCEDURAL HISTORY 2 IV. SUMMARY OF ARGUMENT 3 V. ARGUMENT 4 A. County auditors lack clarity about when they should conduct list maintenance or how they should verify a voter's residential address when they cast a ballot. 6 B. An accurate voter roll ensures the integrity of elections and public confidence in elections 9 VI. CONCLUSION 12 TABLE OF CONTENTS - ii FR0027-0001 8058687.docx TABLE OF AUTHORITIES Page(s) Statutes and Court Rules RCW 29A.04.025 1 RCW 29A.08.125(12) 1 RCW 29A.08.620 1, 4, 8 RCW 29A.08.230 3 RCW 28A.08.140(2)(a) 5 RCW 28A.08.140(2)(b) 5, 8 RCW 29A.08.610 6 RCW 29A.84.010 6 TABLE OF AUTHORITIES - iii I. IDENTITY AND INTEREST OF AMICI CURIAE Amici curiae are local county auditors. County auditors must maintain voter registration in their counties. RCW 29A.04.025; RCW 29A.08.125(12). This includes verifying voters' residential addresses, including by updating or transferring voters' registration when they move within or out of a county. RCW 29A.08.620. Amici curiae have an interest in ensuring the integrity of election administration in Washington. II. ISSUES OF CONCERN TO AMICI CURIAE 1. Washington law requires county auditors to audit voters' mailing addresses and to update or transfer voters' registration if they move within or out of the county. Last year, Washington's secretary of state agreed that Washington's 30-day residency requirement violated the federal Voting Rights Act and the United States Constitution. Now, voters may vote in a jurisdiction if they reside in that jurisdiction on election day they need not have resided in the jurisdiction before election day. When do county auditors now need to update voter registration to comply with RCW 29A.08.620? 2. RCW 29A.08.140(2)(b) allows Washington registered voters who fail to update their registration address before an election to vote according to their previous address. MEMORANDUM OF COUNTY AUDITOR AMICI - 1 But this statute is in tension with the change -in-law that allows voters to register same -day at a new address even if they moved there on election day. What must county auditors now do to verify that voters live at the address that they use to vote? III. RELEVANT LEGAL & PROCEDURAL HISTORY Washington's Constitution provides that voters must "have lived in the state, county, and precinct" that they vote in "thirty days immediately" prior to an election. CONST. art. VI, § 1. The Legislature codified this requirement in a voter oath. RCW 29A.08.230. The Washington State Alliance for Retired Americans recently challenged that 30-day residency requirement. Wash. State All. for Retired Ams. v. Hobbs, No. 3:23-cv-0614 (W.D. Wash. 2023), Dkt. 1. The alliance argued that the residency requirement violated the federal Voting Rights Act and the United States Constitution. Id. Washington's secretary of state, via consent decree, agreed that the 30-day residency requirement was unlawful for existing Washington residents. Id. Dkt. 37 at 5-6. So long MEMORANDUM OF COUNTY AUDITOR AmIci-2 as a voter had lived in Washington state for 30 days, a voter need not have lived at the address that they used to vote for 30 days before an election. Last year, Plaintiffs -Appellants Matthew Frohlich and the Washington State Republican Party sued Clark County. Washington's Secretary of State, Steve Hobbs, intervened. This case concerns how the consent decree's abolishment of the 30-day residency requirement affects county auditors' duties to maintain voter lists. IV. SUMMARY OF ARGUMENT This Court should accept direct review of this appeal. Voter -list maintenance the heart of this appeal is the "backbone" of American elections.' County auditors play a fundamental role in ensuring the voter lists' integrity. And county auditors need clear, workable rules to follow for voter - list maintenance. 1 Michael Morse, Democracy's Bureaucracy: The Complicated Case of Voter Registration Lists, 103 BOSTON UNIv. L. REV. 2123 (2023). MEMORANDUM OF COUNTY AUDITOR Amu' -3 But Washington law is unclear about when county auditors must conduct audits to ensure their voter rolls' accuracy. And the law is unclear about whether and how county auditors should verify that a voter lives at the address that they use to vote on election day. This ambiguity risks undeiiiiining public confidence in elections. And it invites litigation about election results. Amici county auditors ask this Court to accept review and tell county auditors how they now must ensure voter -list maintenance and how to identify which ballots are properly cast. They neither offer nor favor any rule to apply to this election -administration process. But they ask for rules that are clear, fair, and transparent to maximize election integrity and public trust in our democracy. V. ARGUMENT Washington law requires county auditors to conduct list maintenance. RCW 29A.08.620. This includes (1) requesting change -of -address information from the postal MEMORANDUM OF COUNTY AUDITOR AMICI - 4 service and (2) updating the voter's registration if they moved to a different county in Washington or placing them on inactive status if they moved out of Washington. Id. Washington law also requires voters to update their residential addresses with county auditor's offices. RCW 28A.08.140(2)(a). Voters who fail to do so can vote "according to his or her previous registration address." RCW 28A.08.140(2)(b). County auditors also must process voter registrations. RCW 29A.08.110. This includes verifying a voter's residential address. RCW 29A.08.010(1)(2) ("The residential address provided must identify the actual physical residence of the voter in Washington" and include detail sufficient "for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution."). County auditors also work with the secretary of state's office to ensure that voters voted according to their residential address. RCW 29A.08.610; 29A.84.010. And county auditors must act when MEMORANDUM OF COUNTY AUDITOR AMICI - 5 they suspect that a voter improperly voted, such as if the voter voted in two different counties. RCW 29A.08.610; 29A.84.010. Washington's new same -day voter registration has created ambiguity about how these statutory rules should work. Now voters can register to vote in a jurisdiction the same day that they move there. This creates confusion about when county auditors should conduct list maintenance. And it creates uncertainty about how county auditors should verify a voter's residential address when they cast their ballot. A. County auditors lack clarity about when they should conduct list maintenance or how they should verify a voter's residential address when they cast a ballot. Last year, a change in Washington's voter registration rules made county auditor's list maintenance and voter's requirements unclear. Washington's secretary of state entered a consent decree and agreed that Washington's 30- day residency requirement for voter registration violated the federal Voting Rights Act. So Washington voters no longer MEMORANDUM OF COUNTY AUDITOR AMicl - 6 must attest that they have lived at an address for 30 days prior to election day before voting in that jurisdiction. Because of that, only a voter's address on election day matters. This change creates confusion about when county auditors must conduct list maintenance. If only a voter's address on election day matters, it is unclear when or how county auditors should conduct their maintenance process. Voters who move frequently or shortly before an election may have a different address before ballots are mailed than on an election day. But only the voters' address on election day matters. So it is no longer clear if county auditors should conduct list maintenance before mailing ballots or how that list maintenance should be conducted. Add on top of that, the Supreme Court's recent issuance of a stay in Susan Beals v. Virginia Coalition for Immigrant Rights, Case No. 24-2071, makes it unclear whether 52 U.S.C. § 20507(c)(2) still imposes a 90-day quiet MEMORANDUM OF COUNTY AUDITOR AMICI -7 period where states cannot conduct list maintenance before federal elections. The 30-day residency requirement change also creates confusion about whether county auditors should verify a voter's address that they use to vote. Washington voters now can vote on election day using either their old address or their new address. So county auditors no longer know how or if they should verify a voter's address to determine if their ballot was properly cast. Washington law does not answer these questions. This Court should accept direct review and clarify how county auditors should conduct list maintenance. And this Court should address the interplay between RCW 29A.08.620 and RCW 29A.08.140(2)(b), particularly considering last year's change of law. MEMORANDUM OF COUNTY AUDITOR AMICI - 8 B. An accurate voter roll ensures the integrity of elections and public confidence in elections. Voter list maintenance indisputably affects Washington state elections. In the last two election cycles alone, six razor -thin elections happened: • Statewide. The 2024 August Primary Commissioner of Public Lands Race was decided by around 49 votes out of 1,903,073 votes cast.2 • Clark County. The 2024 General Legislative District 18 Senate Seat Race was decided by around 173 votes out of 84,123 votes cast.3 • Ferry and Okanogan Counties. The 2023 General School District 050 School Director No. 5 was tied and decided by a coin flip out of 368 votes cast.' 2 Washington Secretary of State, August 6, 2024 Primary Results Commissioner of Public Lands, https://results.vote.wa.gov/results/20240806/commissioner- of-public-lands.html (last visited Aug. 27, 2025). 3 Clark County, Washington, November 5, 2024 General Election, https://results.vote.wa.gov/results/20241105/clark/ (last visited Aug. 27, 2025). 4 Okanogan County, November 7, 2023 General Election, https ://results. vote.wa.gov/results/20231107/okanogan/break down-127354.html (last visited Aug. 27, 2025). MEMORANDUM OF COUNTY AUDITOR AMICI-9 ® Grays Harbor County. The 2023 General Ocean Shores City Council Position No. 6 was decided by around 1 vote out of 3,487 votes cast.5 • Skagit and Whatcom Counties. The 2023 General Sedro Woolley School District School No. 101 Director District No. 2 was decided by around 4 votes out of 6,497 votes cast.6 • Adams County. The 2023 General City of Othello City Council Position No. 4 was decided by around 4 votes out of 624 votes cast.? These election results demonstrate that the legal issues here are far from academic. They can and do affect elections and have real -world consequences. And ambiguity about them invites litigation and casts doubt on election integrity. 5 Grays Harbor County Auditor, November 7, 2023 General Election, https://results. vote .wa.gov/results/20231107/graysharbor/ (last visited Aug. 27, 2025). 6 Skagit County Elections Department, November 7, 2023 General Election, https://results.vote.wa.gov/results/20231107/skagit/ (last visited Aug. 27, 2025). 7 Adams County, November 7, 2023 General Election, https://results.vote. wa. gov/results/20231107/adams/ (last visited Aug. 27, 2025). MEMORANDUM OF COUNTY AUDITOR AMICI-10 Washington voters want fair and democratic elections. To that end, clear rules about election administration are pivotal. The Legislature has told county auditors that they must maintain accurate voter lists. And that county auditors should verify that voters live at the address that they use to vote. But the Legislature has also told county auditors that they can allow voters to vote according to their previous address. And the secretary of state's recent consent decree advises that county auditors must allow voters to vote in a jurisdiction even if they moved there on election day. These rules are unclear and prevent county auditors from applying uniform and workable standards in administering elections. This Court should accept direct review and clarify Washington's list maintenance and voter requirement rules. Amici county auditors do not ask this Court to provide any specific rule about how they should maintain voter lists. Nor do they ask for any specific rule about what address voters should be allowed to use to vote on election day. They ask MEMORANDUM OF COUNTY AUDITOR AMICI - 11 only that this Court provide clarity so that the rules are easy to follow and to minimize the risk of voters voting in two elections or casting a ballot in the wrong election that ends up closely decided. Such clear rules will amici county auditors to follow the law and will foster public trust and confidence in Washington's elections. VI. CONCLUSION This Court should accept direct review and provide clear and workable rules for amici county auditors to follow in conducting voter -list maintenance and verifying voters' eligibility to vote. I certify that this document contains 1,779 words, excluding the parts exempted by RAP 18.17. Dated this 28th day of August, 2025. CARNEY BADLEY SPELLMAN, PS By ls/ Ashley D. Burman Ashley D. Burman, WSBA No. 58754 Attorneys for Amici Curiae Steve Duenkel, in his official capacity as County Auditor of Mason County, and Bryan Elliott, in his official capacity as County Auditor of Kittitas County MEMORANDUM OF COUNTY AUDITOR Anviici - 12 CERTIFICATE OF SERVICE The undersigned certifies under penalty of perjury under the laws of the state of Washington that I am an employee at Carney Badley Spellman, PS, over the age of 18 years, not a party to nor interested in the above -entitled action, and competent to be a witness herein. On the date stated below, I caused to be served a true and correct copy of the foregoing document on the below -listed attomey(s) of record by the method(s) noted: Attorneys for Appellants I I U.S. Mail, prepaid Messenger postage email Other — via Portal IZ Attorneys for Respondents n U.S. Mail, prepaid Messenger postage email Other — via Portal Z DATED this 28th day of August, 2025; at Seattle, Washington. /s/Alicia Macklin Alicia Macklin, Legal Assistant MEMORANDUM OF COUNTY AUDITOR AMICI - 13