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HomeMy WebLinkAbout2025/12/16 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 December 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 Flooding 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 – N/A 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 the Fire Investigation Contract with Mason County Fire Chief’s Association for 8.2 Approval of the Taschner Law Professional Services Contract for District Court 8.3 Approval of the Taschner Law Professional Services Contract for Superior Court 8.4 Approval of the Lobbying Agreement with Capitol Consulting LLC 8.5 Authorize Public Works to enter into a new consultant agreement with David Evans and Associates, Inc. 8.6 Authorize the Chair to execute Lodging Tax Advisory Board contracts on behalf of the BOCC. 8.7 Approval to publish to the public via the Mason County Website and accept the commissioner meeting schedule for year 2026 as proposed. 8.8 Approval of the Resolution Establishing the County Fund Number 107 for Road Improvement District (RID) No. 2024-01 Shetland Road 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 take public comment on and consider the supplemental budget requests and budget transfers to the 2025 budget. Staff: Jennifer Beierle 10.2 Public Hearing to take public comment on and consider the draft Mason County Comprehensive Plan Staff: Kelle Rowen and Marissa Watson 11. Board’s Calendar and Reports 12. Adjournment NEWS RELEASE December 11th, 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: Flooded Wells and Septic Systems Flooding events are occurring throughout many parts of Mason County. If your drinking water well has been impacted by flood waters, discontinue use and follow the guidance found at: https://www.epa.gov/sites/default/files/2015- 05/documents/epa816f05021.pdf If your septic system has been impacted by flood water follow the guidance found at: https://www.epa.gov/sites/default/files/2015- 11/documents/2005_09_22_faq_fs_whattodoafteraflood_septic_eng.pdf If you have any questions call Mason County Environmental Health staff 360-427-9670 x400 or e-mail environmentalhealth@masoncountywa.gov. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Randy Collins Ext: Click or tap here to enter text. Community Development ☐ Action Agenda: ☒ Public Hearing: ☐ ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date(s): December 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 Item: 2026-2027 Fire Investigation Contract with the Mason County Fire Chief’s Association Background/Executive Summary: Within the unincorporated areas of a county, RCW 43.44.050.1(b) requires the Fire Marshal (or other fire official as designated by the county legislature) to investigate the origin, cause, circumstances, and extent of loss of all fires. Due to inadequate staffing, for over 12 years, the County has satisfied this mandate by contracting with the Mason County Fire Chief’s Association. With the current contract expiring December 31st, 2025, this item is to renew the agreement for another two-year term (January 1, 2026, through December 31, 2027). Aside of the costs (addressed below) and the addition of Exhibit “C” to identify the expectations and responsibilities of those serving in a Stand-by role, the contract is identical to the current one. Associated Costs/Budget Impact: The amount being requested is $105,000 each calendar year for a total of $210,000 for the contract term (up from $82,000 and $164,000 respectively from the previous contract). The majority of this is due to the Stand-by pay which is increasing from $8,500 to $45,000 a year (or $50 to $285 a day) and is being driven by Central Mason Fire’s (CMF) salaries from which we draw most of our investigators. For the last three contracts, the Stand-by rate was set at the $50 rate. However, CMF’s MOU specifies their staff are compensated for 3 hours at the OT rate of $95.33 for a total of $285.99. The amount being requested is to fully cover CMF for their true labor costs. While contract costs have never exceeded the budgeted amount and even with the higher stand-by costs, if investigation call-outs remain low, there remains the possibility we will not exceed the current budget ($82,000). However, if we experience a moderate or higher number of investigations, we would most likely exceed that amount, resulting in having to make a budget amendment. For this reason, we are recommending you approve the contract for the requested amount. Public Outreach: Outreach has included working with the Chief’s to draft the contract changes and holding a vote to endorse by the Chief’s at their December meeting which was unanimous. Requested Action: Approve the contract as presented. Attachment(s): Contract Breakdown of Stand-By Costs and Days 2026-27 FIRE INVESTIGATION CONTRACT BREAKDOWN OF STAND-BY COSTS AND DAYS • Fire Marshal (Item A.2 in Appendix A of CBA*) o Yearly – $132,188.04 (Monthly x 12) o Monthly – $11,015.67 o Hourly – $63.55 (Yearly/52/40) o Overtime - $95.33 (Hourly x1.5) o Standby per 24 Hours (Article 14.7 of CBA*) - $285 (Overtime x 3) • Number of Standy Days o 52 – Fridays o 52 – Saturdays o 52 – Sundays o 12 – Holidays o Total – 168 Days of Standby * Collective Bargaining Agreement MCFCA ILA 2026-2027 Return recorded document to: Mason County Community Development 615 W Alder, Shelton, WA 98584 INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES BETWEEN MASON COUNTY AND THE MASON COUNTY FIRE CHIEF’S ASSOCIATION 1. Parties. THIS AGREEMENT is entered into by Mason County (“County”) and the Mason County Fire Chief’s Association (“Association”) under the authority of the Interlocal Cooperation Act, RCW Chapter 39.34 2. Recitals. Whereas, the County and the Association have determined that it is in the best interest of the County and its citizens to work together in establishing an agreement to provide fire investigation services by the Association for the County. 3. Purpose. To establish a joint agreement for providing fire investigation services within the boundaries of Mason County. 4. Authority. RCW Chapter 39.34.080 permits local governmental un its to make official use of their powers enabling them to cooperate with other localities based on mutual advantage. 5. Duration. Once executed by both parties, this agreement shall be effective January 1, 2026 and shall terminate on December 31, 2027, unless both parties mutually agree to extend the agreement. 6. Compensation. The County shall pay the Association for services in the maximum amount of $105,000 per year ($210,000 total for the Contract term) as identified in Exhibit “A” without prior written approval of the County. Fees for services shall be based on hours and expenses as shown on Exhibit “A”. County shall also provide at no expense to the Association access to a report writing program to allow for the completion of investigation reports. 7. Payment. Within 30 days of receipt of an invoice from the Association, the County shall reimburse the Association for actual costs incurred. 8. Sope of Work. 8.1 Investigation of the origin, cause, circumstances, and extent of loss from fire whether of a criminal or civil nature. 8.2 For each fire investigated, prepare, and submit to the County in a timely manner a written report that adheres to the investigation methodology of National Fire Protection Association (NFPA) Standard 921. The County shall reserve the right to peer review said reports and approve or reject. Once approved, all reports shall become the property of the Cou nty. 8.3 To ensure cooperation among the local fire districts, the State Fire Marshal’s office and all State and County law enforcement and regulatory personnel. 9. Criteria for Investigation. Pursuant to RCW 43.44.050, all fires within Mason County must be investigated for the origin, cause, circumstances, and extent of loss. Fire Investigators shall be requested as outlined in Exhibit “B” as agreed upon by the Association and the County. 10. Qualifications of Investigators. Each person performing investigations under the scope of this contract shall possess the minimum qualifications for a fire investigator as established by the Association. 11. Hold Harmless. Each party shall hold harmless, defend and indemnify the other party, its officers, officials, employees, and agents against any and all claims, actions, suits , liability, loss, expenses, damages and judgements of any nature whatsoever, including costs and attorney fees in defense thereof, for injury, sickness, disability, or death to persons or damage to property or business, caused by or arising out of the negligence of each party’s employees, agents and volunteers. Provided however, the Association’s obligation hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the County, its officers, officials, employees, or agents. In the event of concurrent negligence of the parties, the Association’s obligations hereunder shall apply only to the percentage of fault attributable to their employees, agents, and volunteers. 12. Administration. No separate legal or administrative entity is created by this Agreement. The Mason County Fire Chief’s Association and Mason County Community Development Department shall jointly administer this agreement. 13. Termination: Either party may terminate this Agreement as follows: MCFCA ILA 2026-2027 13.1. For Cause. For a material breach thereof by the other party. Fifteen days written notice to the other party is required stating the intent to terminate for cause. The breaching party will be given the opportunity to cure its breach and if completed within the fifteen-day period, the Agreement shall not terminate. 13.2 For Convenience. Either party may terminate this Agreement without cause at any time providing a fifteen-day written notice of termination is submitted in advance. 14. Insurance. Each party shall maintain and provide evidence to the other of insurance or self-insurance adequate to cover its liability obligations for its respective operations, facilities, equipment, and personnel under this Agreement and/or arising out of each parties’ activities he reunder. 15. Notices. Any notices to be given under this Agreement shall be delivered in person or mailed to the parties at the following addresses: 15.1. County. Mason County Community Development Department. 615 W. Alder Street Shelton, WA 98584 15.2. Association. Mason County Fire Chief’s Association PO Box 1822 Shelton, WA 98584 16. Severability. If any provision of this Agreement or its application is held invalid, then the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected and remain in full force. 17. Waiver. No waiver or any provision of this Agreement shall be valid unless it is in writing and signed by the person or party whom charged. 18. Third Party Rights. This Agreement shall not create any third-party rights by any party that has not signed this agreement. 19. Modification. This Agreement represents the entire agreement by both parties and shall not be modified, terminated, or waived by either party without authorized written approval by representatives of both parties. 20. Benefits. This Agreement is entered into for the benefit of both parties to provide fire investigation services for all of Mason County for the duration of this Agreement. Dated this _________ day of _____________________ Board of Commissioners ATTEST: Mason County, Washington ____________________________ _____________________________ McKenzie Smith, Clerk of the Board Sharon Trask, Chair _____________________________ APPROVED TO FORM: Randy Neatherlin, Commissioner _____________________________ _____________________________ Tim Whitehead, Deputy Prosecutor Pat Tarzwell, Commissioner MASON COUNTY FIRE CHIEF’S ASSOCIATION: _____________________________ _____________________________ Beau Bakken, President Clint Volk, Vice-President _____________________________ _____________________________ Michael Sexton, Secretary Gregory Rudolph, Treasurer MCFCA ILA 2026-2027 EXHIBIT “A” Estimated Fire Investigation 2026/2027 Budget I. Training Tier II: $4,000/year 1. Initial: 40-hour Basic Fire Investigation course. 2. Continuing Ed: To meet the currency requirements for Tier III Certification including general education, documentation, scene examination, evidence collection, interview techniques, post incident investigation, case presentation & NFPA 921 & 1033 Tier III: Annual fire investigation conference, advanced & refresher training $7,000/year ____________________ Subtotal: $11,000/year II. Supplies/PPE: 1. Supplies/Uniforms Investigation supplies, PPE & uniforms $4,000/year 2. Investigation Kits Small tools & equipment $5,000/year ____________________ Subtotal: $9,000/year III. Labor 1. Tier III Stand-By Pay: $285/day for Fri/Sat/Sun/Holidays (168 days/year) $45,000/year 2. Investigation Labor: Rates Tier II $85.00 per hour Tier III $150.00 per hour Estimated Costs: Tier II Level $10,000/year Tier III Level $35,000/year ____________________ Subtotal: $90,000/year Grand Total: $105,000/year Total Contract Budget: $105,000 x 2 = $210,000 MCFCA ILA 2026-2027 EXHIBIT “B” Fire Investigator Callout Criteria and Definitions Definitions • “Tier 1 Fire Investigator” – Any firefighter that is certified as an IFSAC/Proboard Firefighter 2 certification or equivalent. • “Tier 2 Fire Investigator” – An investigator that has completed a 40-hour Fire Investigation basic class. • “Tier 3 Fire Investigator” – An investigator that has completed the Mason County Tier 3 fire investigator task book as adopted by the Association and County. Tier 1 Fire Investigator Criteria • Non-Commercial Vehicle Fires with no known owner, no insurance and less than $10,000 in value. • Structure fires with property loss less than $10,000 from fire damage Tier 2 Fire Investigator Criteria • Any fires above a tier 1 fire investigator criteria but less than tier 3 criteria. • Any Tier 3 fires that a Tier 3 Investigator determines can be handled by a tier 2. Tier 3 Fire Investigator Criteria • General Incidents o Death or serious injury because of a fire. (Two Investigator Callout) o Recognized incendiary or suspicious fires. o Fire in or at any publicly owner building or property. o Significant fires resulting in greater than $20,000 in property loss. o Fire related incidents involving illegal activity or hazardous materials. o Explosion. o When specifically requested by the Incident Commander or law enforcement. • Vehicle Fires o Fire Involving multiple vehicles at sites such as automobile sales lots, bus lots, garages or multiple vehicle fires in a close-proximity and time frame. o An insured vehicle with a dollar loss of $20,000 or more AND considered incendiary or suspicious. • Wildland Fires o Request from DNR or the Wildland Overhead Support Team. o Incidents where Arson is readily recognizable. o Wildland Fires crossing multiple property parcels or requiring a joint jurisdiction investigation. Tier 2 investigators can be requested as needed by Tier 3 for training purposes. Tier 3 investigators may request a second investigator for any fire when needed. Fire Investigators shall be requested through and dispatched by MACECOM. MCFCA ILA 2026-2027 EXHIBIT “C” Fire Investigator On-Call Policy Purpose: To ensure a qualified investigator is available 24/7 to maintain scene security, preserve evidence and allow for the release of the local fire crews for emergency response as soon as possible. This is essential for if fire crews leave the scene prior to the arrival of the investigator, any evidence collected at the site is considered inadmissible because the scene did not remain secure. On Call Staffing: On-call staffing shall be based on a 24-hour shift beginning at 8 AM. Tier III investigators will have first priority to fill the shift. Scheduling: Investigators will mutually agree to an on-call schedule and distribute to the Chief’s Association, MACECOM and County Fire Marshal. Availability: Investigators on call shall be available by phone at all times and be capable of responding to the fire scene within 30 minutes of being notified by MACECOM. Reimbursement: Investigators shall receive $285 stipend for each call-out period. If dispatched to a fire scene, the stipend shall be rescinded and the investigator shall be reimbursed for the number of hours spent at the scene. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Maggie Huston Ext: Click or tap here to enter text. Central Services ☒ Action Agenda: ☒ Public Hearing: ☐ ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date(s): 12/16/25 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the Item: Taschner Law Professional Services Contracts for District and Superior Court Background/Executive Summary: Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: Requested Action: Approval of Taschner Law Professional Services Contract for District and Superior Court Attachment(s): 1. Taschner Law Professional Services Contract DC 2. Taschner Law Professional Services Contract SC Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Travis Adams Ext: Click or tap here to enter text. Central Services ☒ Action Agenda: ☒ Public Hearing: ☐ ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date(s): 12/16/25 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the Item: Capitol Consulting LLC Lobbying Agreement 2026-2028 Background/Executive Summary: Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: Requested Action: Approval of Capitol Consulting LLC Lobbying Agreement for 2026-2028 Attachment(s): 1. Capitol Consulting LLC Lobbying Agreement for 2026-2028 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From:Ext: 207 Choose an item.☒ Action Agenda: ☒ Public Hearing: ☐ ☐ Briefing Date(s): December 15, 2025 Agenda Date(s): December 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 Item: Consultant Agreement with Dave Evans & Associates for the WSDOT’s SR 302 / Victor Creek Culvert Replacement Project Background/Executive Summary: On October 24, 2023, the Board approved a consultant agreement with David Evans & Associates, Inc. to prepare design drawings for relocating Mason County’s 4-inch HDPE sewer force main affected by WSDOT’s Victor Creek Fish Barrier Removal Project on SR 302. WSDOT’s updated project design now requires a minor revision: relocating a bracket on the existing drawings that is currently obstructing construction. Because David Evans & Associates prepared the original drawings and is WSDOT’s design consultant, Public Works recommends using the same firm without going through the regular procurement process to avoid delays and added cost. The cost for this single revision is $750. Budget Impact: Previous contract had a maximum payment amount of $39,925 of which $29,984.20 was invoiced. We request the new contract be established with a maximum amount equal to the remaining balance of the prior contract, $9,994, to cover completion of revision and any other unanticipated costs that may arise. All costs will be paid from U&W Fund 403. Public Outreach: N/A Requested Action: Request the Board of County Commissioners: 1.Place this item on December 16, 2025, Commission meeting agenda and 2. Authorize Public Works to enter into a new consultant agreement with David Evans and Associates, Inc. to revise and update the sewer force main relocation drawings they completed under the previous agreement, in support of WSDOT’s Victor Creek Culvert Replacement Project. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Travis Adams Ext: Click or tap here to enter text. Central Services ☒ Action Agenda: ☒ Public Hearing: ☐ ☐ Briefing Date(s): 12/15/25 Agenda Date(s): 12/16/25 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the Item: Lodging Tax Advisory (LTAC) Committee Contracts Background/Executive Summary: LTAC contracts for year 2026. Contracts include various Visitor Information Centers (VIC) and attactions throughout Mason County. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Contracts approved during the budget process Public Outreach: N/A Requested Action: Approval for Chair to execute these contracts on behalf of the BOCC Attachment(s): 2026 Historical Society Museum Contract 2026 Northwest Event Organizer Contract 2026 North Mason VIC Contract 2026 Shelton COC Hoodsport VIC 2026 Shelton COC Caboose Contract J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 1 of 14 MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2026 MASON COUNTY HISTORICAL SOCIETY MUSEUM THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason County Historical Society Museum, hereinafter referred to as "CONTRACTOR.” RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Visitor Information Center services in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the 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: Lodging Tax Fund (#163) Invoices: CONTRACTOR shall invoice for services provided by the Mason County Historical Society Museum. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this Contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the County by December 31, 2022. Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Historical Society Museum Progress Report that shall include but not be limited to the following information: Number of hours of operation for the quarter; Number of visitors served in person, by phone and through mail and email communication; Number of visitors served by location of origin; future planning and goals. Museum’s Google report. Details of exhibits and the museum marketing plan CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Term: This is a one-year CONTRACT for the period of January 1, 2026 – December 31, 2026, with an option to renew for up to two additional years. 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. Compensation: CONTRACT award is $25,000 (twenty-five thousand and 0 cents) for year 2026. The total funding available in 2026 for Visitor Information Centers is $25,000 (twenty-five thousand and 0 cents) each year. The Lodging Tax Advisory Committee shall make a recommendation to the Mason County Commissioners on the contract award if and when the contract is extended. Accounting and Payment for CONTRACTOR Services: J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 2 of 14 Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with RCW 67.28.1816 and set forth in “Exhibit B Compensation”. Invoices shall be submitted for services performed in accordance with the Scope of Work. 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 the COUNTY or his designee (hereinafter referred to as the "Administrative Officer") the COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. The COUNTY or his designee (hereinafter referred to as the "Administrative Officer") will reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the 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 J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 3 of 14 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. 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" 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. 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 the COUNTY at the present time or in the future. 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 J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 4 of 14 include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the 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 the 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. Work Product: CONTRACTOR will provide COUNTY with all work product and source documents used and/or produced by the CONTRACTOR including plans, data, maps (digital and paper), reports, photos, videos, marketing media, client e-mails, access to analytical accounts, and art work within 30 days after termination or completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to the COUNTY. 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 the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 5 of 14 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: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance Requirements." Proof of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting 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 J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 6 of 14 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. Provider’s initials acknowledging indemnity terms: ________ 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 the COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to contracts of $100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work for Mason County. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a) termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit.” CONTRACTOR will review and enroll in the E-Verify program through this website: www.uscis.gov 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 Administrative Services Manager and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Travis Adams, County Administrator 411 North 5th Street Shelton, WA 98584 Telephone (360)427-9670 ext. 530 tadams@masoncountywa.gov J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 7 of 14 Contractor Contact Information: Mason County Historical Society Museum Elizabeth F. Arbaugh, Director 427 West Railroad Avenue Shelton, WA 98584 (360)426-1020; mchsarbaugh@gmail.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. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the “Contractor Information” section. Notice may be given by delivery or by depositing in the U.S. mail. 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 loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope- of-Services and Exhibit B Compensation. Disputes: J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 8 of 14 Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, 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. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: 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 or COUNTY, or (2) the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 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 in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 10 of 14 EXHIBIT A SCOPE OF SERVICES 2026 MASON COUNTY HISTORICAL SOCIETY MUSEUM Mason County Historical Society Museum called “CONTRACTOR” will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following Visitor Support Services: 1. Maintain and operate visitor information services at the Mason County Historical Society Museum, 427 West Railroad Ave, Shelton, WA. The Museum is typically open 29 hours per week. 2. Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3. Improve and enhance museum exhibits and create a rotation of temporary exhibits built around a variety of themes relevant to local history. 4. Increase marketing of the museum to attract visitors from outside of Mason County. 5. Disseminate visitor information via U.S. Priority Mail upon request. 6. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational activities, special events and festivals. 7. Provide updated information about area events, lodging, dining and recreational experience opportunities to the County Tourism Marketing Contractor for inclusion on www.explorehoodcanal.com. 8. Required to participate and promote to targeted audiences advocate training workshop(s), presented by Tourism Contractor (NEO), for branding and compliance with the “Wild Side” campaign – ExploreHoodCanal.com 9. All tourism branding is required to comply with the “Wild Side” campaign – ExploreHoodCanal.com 10. Shall maintain technology hardware (i.e. tablets)/Mason County Tourism progressive application for use by visitors. The COUNTY may provide a minimum amount of hardware as recommended by the Lodging Tax Advisory Committee. All hardware purchased with lodging tax is COUNTY property and shall be inventoried annually by the CONTRACTOR. 11. Provide quarterly reports that shall include but not be limited to the following information:  Number of hours of operation for the quarter  Number of visitors served in person, by phone and through mail and email communication.  Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i)  Details of exhibits and the museum marketing plan  Museum’s Google Report  Future planning and goals  CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the COUNTY no later than February 15 following the end of contract year. J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 11 of 14 EXHIBIT B COMPENSATION The following costs, which are directly related to Visitor Support Serves activities, are allowed: Advertising Supplies Telephone Postage Association Fees & Education Rent Events & Programs Utilities Computers & Technology Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense There shall be no payments made for repairs and maintenance. CONTRACTOR shall invoice the Visitor Support Services and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Visitor Support Services shall not exceed $ 25,000 each year unless additional awards are made. J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 12 of 14 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If 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. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, 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. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 13 of 14 protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. 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. G. 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. H. 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. J:\Clerk\Meeting Packets\12-15 Briefing\Docs\SS\LTAC\DRAFT 2026 HISTORICAL SOCIETY MUSEUM contract for VIC .docx Page 14 of 14 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) Page 1 of 15 MASON COUNTY PROFESSIONAL SERVICES CONTRACT NORTHWEST EVENT ORGANIZERS, INC. TOURISM DEVELOPMENT & MARKETING SERVICES AND SUPPORT OF LOCAL FESTIVALS & EVENTS THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Northwest Event Organizers, Inc. (NEO), hereinafter referred to as "CONTRACTOR.” RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Tourism Development and Marketing services of the established tourism marketing campaign and support of Local Festivals and Events; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the 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: Lodging Tax Fund (#164) Invoices: CONTRACTOR shall invoice the Tourism Development/Marketing Services and Local Festivals and Event Support separately. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this Contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the County by December 31 of each contract year. Reporting Requirements: CONTRACTOR will analyze, prepare and report key performance indicators (KPI) metrics on a quarterly basis. These metrics will include month over month and year over year results and trends for Lodging Tax revenue, website activity, social activity, and growth. The report will include information on tourism development strategies the CONTRACTOR has used to engage potential visitors and enhance the visitor experience and details on the support provided to local festivals and events. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Term: This a two-year CONTRACT for the period of January 1, 2026 – December 31, 2027 with an option for renewal for up to two additional years. 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. A performance review will be conducted annually. Compensation: The 2026 CONTRACT is $686,000 (six hundred eighty-six thousand dollars and zero cents) for Tourism Development, Marketing Services, for support of Local Festivals, and Events. The Lodging Tax Advisory Page 2 of 15 Committee shall make a recommendation to the Mason County Commissioners on the contract award if and when the contract is extended. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with RCW 67.28.1816 and set forth in “Exhibit B Compensation”. Invoices shall be submitted for services performed in accordance with the Scope of Work. Tourism Development/Marketing Services and Local Festival and Event support shall be invoiced separately. 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 the COUNTY or his designee (hereinafter referred to as the "Administrative Officer") the COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. The COUNTY or his designee (hereinafter referred to as the "Administrative Officer") will reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. Labor Standards: Page 3 of 15 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. 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" 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. 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 the COUNTY at the present time or in the future. 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. Page 4 of 15 Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the 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 the 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. It is agreed the Tracing the Fjord magazine is owned by the CONTRACTOR. In this magazine, the CONTRACTOR may include a pull-out travel guide that will be funded by LTAC dollars and this pull-out travel guide shall be the sole and absolute property of COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product and source documents used and/or produced by the CONTRACTOR including plans, data, maps (digital and paper), reports, photos, videos, marketing media, client e-mails, access to analytical accounts, and art work within 30 days after termination or completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to the COUNTY. 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: Page 5 of 15 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 the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance Requirements." Proof of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting 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 Page 6 of 15 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. Provider’s initials acknowledging indemnity terms: ________ 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 the COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to contracts of $100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work for Mason County. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a) termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit.” CONTRACTOR will review and enroll in the E-Verify program through this website: www.uscis.gov 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 Administrative Services Manager and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Page 7 of 15 Travis Adams, County Administrator 411 North 5th Street Shelton, WA 98584 Telephone (360) 427-9670 ext. 530 tadams@masoncountywa.gov Contractor Contact Information: Northwest Event Organizers, Inc. (NEO) Rachel Hansen PO Box 622 Shelton, WA 98584 Telephone: (360) 427-5599 Rachel@nwevent.org 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. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the “Contractor Information” section. Notice may be given by delivery or by depositing in the U.S. mail. 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 loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the Page 8 of 15 CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope- of-Services and Exhibit B Compensation. Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, 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. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: 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 or COUNTY, or (2) the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 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 in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: Page 10 of 15 EXHIBIT A SCOPE OF SERVICES 2022 NORTHWEST EVENT ORGANIZERS, INC. TOURISM DEVELOPMENT & SUPPORT OF LOCAL FESTIVALS & EVENTS Northwest Event Organizers, Inc. called “CONTRACTOR” will be responsible for providing the following Tourism Development & Marketing services and support of Local Festivals & Events as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following Tourism Development & Marketing services: 1) CONTRACTOR will maintain/enhance existing tourism branding and optimize efficiency and effectiveness through local collaboration. 2) Maintain and continue to update the Mason County Tourism Website – www.explorehoodcanal.com. CONTRACTOR will provide new content and keep the website current while maintaining the established branding and design. The website shall be of cross-device design for the best quality browsing experience, on all mobile devices and regardless of the operating system. Ensure the proper technical elements are aligned with Search Engine Optimization (SEO) best practices. This includes items such as XML site map, title tagging, URL structure, duplicate content, errors management, etc. 3) Reporting Requirements: Analyze, prepare and report key performance indicators (KPI) metrics on a quarterly basis. These metrics will include month over month and year over year results and trends for Lodging Tax revenue, website activity, social activity and growth. The report will include information on tourism development strategies the CONTRACTOR has used to engage potential visitors and enhance the visitor experience and details on the support provided to local festivals and events. 4) CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). Data to fulfill these reporting requirements will be submitted to Mason County no later than February 15 after contract year. 5) Provide print materials necessary to best serve visitors. This includes navigational maps and maps that provide recreation/tourism information. CONTRACTOR will provide details on print material to COUNTY and to LTAC members prior to producing print materials. 6) Increase tourism outreach of the existing brand – The Wild Side of Washington. This includes contributions to social media outlets, promotions and blogging and continue to integrate new video material into the marketing plan using the current branding and use innovative strategies to reach potential visitors. 7) Support and continue to develop Mason County’s Wild Side concierge campaign. 8) Continue outreach efforts with area businesses by promoting offers and events, provide advice when called upon and strategize additional events with special focus on off-season growth. 9) Collaborate with tourism groups and associations to extend and enhance the reach of marketing campaigns via partnerships and optimize opportunities. Any membership fees shall be paid by the CONTRACTOR at no additional cost to the COUNTY. 10) Exhibit at events that target secondary and tertiary markets including but not limited to travel, scuba, paddling, shellfish/seafood & wine events. 11) In the event this contract is awarded to a different contractor all costs incurred by NEO associated with the transition are included in this contract amount. Invoices for Tourism Development & Marketing services shall not exceed $278,332 unless additional awards are made. Page 11 of 15 In addition, the CONTRACTOR will provide the following LOCAL FESTIVAL & EVENT Support: 1) All Mason County festivals and events will receive marketing through blog writings, social posts, e- mail mentions, monthly eNewsletters and shall be included on the Mason County Tourism Website – www.explorehoodcanal.com. 2) Communicate with the event organizers to determine the best media placements that can include print, radio, social, ferry advertising or other traditional or new media. Provide push notification about upcoming events. Provide on-site support at select festivals with the intent of increasing out- of-area tourism. This support includes hosting the Wild Side tent and gathering event assets including video, images, testimonials and event statistics. 3) Provide post-event support including posting photos/images and details about next year’s event on the www.explorehoodcanal.com website and social media. 4) Create festivals and small events through partnerships with a special focus on off-season growth. 5) Reporting requirements. Provide the following metrics: attendance, media spend, and recommendations for improvements and growth. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). 6) A detailed inventory of all assets purchased under this CONTRACT shall be maintained by the CONTRACTOR and reported annually to the COUNTY by December 31. CONTRACTOR shall take appropriate steps to ensure all assets are protected and secure. Invoices for Festival and Small Event marketing shall not exceed $49,118 unless additional awards are made. Page 12 of 15 EXHIBIT B COMPENSATION Invoices shall be paid for the following services: Partner Associations & Memberships Website & Online Media Fulfillment Festival & Event Support Wild Side guide Maintenance Content Creation Distribution, Travel & Outreach. Fees may not exceed allowed County’s per diem costs Printing & Marketing Tangibles Program Management CONTRACTOR shall invoice the Tourism Promotion services and Festival/Small Event Marketing services separately and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Tourism Promotion shall not exceed $278,332 unless additional awards are made. Invoices for Marketing of Festival and Small Events shall be for a minimum of $49,118. There is potential of an additional $49,118 to fund unanticipated services that are recommended by the Lodging Tax Advisory Board and approved by the Board of Mason County Commissioners. The total amount paid in 2022 shall not exceed $327,450 unless additional awards are made. Page 13 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If 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. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, 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. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to Page 14 of 15 protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. 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. G. 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. H. 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. Page 15 of 15 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) Page 1 of 15 MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2026 NORTH MASON CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and North Mason Chamber of Commerce, hereinafter referred to as "CONTRACTOR.” RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Visitor Information Center services in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the 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: Lodging Tax Fund (#163) Invoices: CONTRACTOR shall invoice the Visitor Information Center services. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this Contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the County annually by December 31. Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Visitor Information Services Progress Report that shall include but not be limited to the following information: Number of hours of operation for the quarter; Number of visitors served in person, by phone and through mail and email communication; Number of visitors served by location of origin; future planning and goals; CHAMBER’s Google report, and number of links activated to www.explorehoodcanal.com. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Term: This is a one-year CONTRACT for the period of January 1, 2026 – December 31, 2026 with an option to renew for up to two additional years. 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. Compensation: The CONTRACT award is $45,000 (forty-five thousand dollars and 0 cents) for year 2026. The total funding available in 2026 for Visitor Information Centers is $45,000 (forty-five thousand dollars and 0 cents) each year. The Lodging Tax Advisory Committee shall make a recommendation to the Mason County Commissioners on the contract award if and when the contract is extended. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be in accordance with RCW 67.28.1816 and set forth in “Exhibit B Compensation”. Invoices shall be submitted for services Page 2 of 15 performed in accordance with the Scope of Work. 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 the COUNTY or his designee (hereinafter referred to as the "Administrative Officer") the COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. The COUNTY or his designee (hereinafter referred to as the "Administrative Officer") will reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the 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. Page 3 of 15 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" 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. 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 the COUNTY at the present time or in the future. 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 Page 4 of 15 on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the 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 the 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. Work Product: CONTRACTOR will provide COUNTY with all work product and source documents used and/or produced by the CONTRACTOR including plans, data, maps (digital and paper), reports, photos, videos, marketing media, client e-mails, access to analytical accounts, and art work within 30 days after termination or completion of this CONTRACT unless mutually agreed up on by the parties. All work product shall belong to the COUNTY. 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 the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: Page 5 of 15 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: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT C Insurance Requirements." Proof of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting 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. Page 6 of 15 Provider’s initials acknowledging indemnity terms: ________ 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 the COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to contracts of $100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work for Mason County. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY, to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a) termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit.” CONTRACTOR will review and enroll in the E-Verify program through this website: www.uscis.gov 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 Administrative Services Manager and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Travis Adams, County Administrator 411 North 5th Street Shelton, WA 98584 Telephone (360) 427-9670 ext. 530 tadams@masoncountywa.gov Page 7 of 15 Contractor Contact Information: North Mason County Chamber of Commerce Kerry Myers, President & CEO 30 NE Romance Hill Rd, Suite 103, PO Box 416 Belfair, WA 98528 Telephone (360)275-4267; president@northmasonchamber.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. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the “Contractor Information” section. Notice may be given by delivery or by depositing in the U.S. mail. 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 loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope- of-Services and Exhibit B Compensation. Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, 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. Except for such objections as are made Page 8 of 15 of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: 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 or COUNTY, or (2) the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 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 in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict Page 10 of 15 EXHIBIT A SCOPE OF SERVICES 2026 NORTH MASON COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES North Mason County Chamber of Commerce called “CONTRACTOR” will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following VISITOR INFORMATION CENTER services: 1. Maintain and operate visitor information services at the following locations: 30 NE Romance Hill Road, Belfair, WA. Space dedicated to Visitor Information, 810. Hours of operation are 44 hours per regular week, typically Tuesday – Friday 9:00 AM – 5:00 PM; Saturday 9:00 AM – 1:00 PM and Union @ Hunter Farms, one 10 x 10 building. This is open year-round but staffed by North Mason Chamber employees May through October, Friday-Sunday, 12-5 p.m. 2. Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3. Disseminate visitor information or relocation information materials via U.S. Priority Mail upon request. 4. Provide for sale U.S. Forest Service and National Park Service area maps, Washington State Parks Department Discover Passes in the North Mason Chamber of Commerce/Belfair Licensing Visitor Information Center. 5. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational activities, special events and festivals and accurate information about required permits and passes for accessing recreational opportunities. 6. Shall provide the Tourism Contractor (NEO) with a comprehensive list of businesses/events that support tourism, including but not limited to: all lodging (hotels/motels, short-term rentals, campgrounds, etc.); dining establishments; events. This includes all activities (festivals, shopping, live music, etc.) and shall be maintained through-out the contract. This comprehensive list shall include the areas of Belfair, Union and Allyn and county-wide information is welcome. 7. Required to participate in advocate training workshop(s), presented by Tourism Contractor (NEO), for branding and compliance with the “Wild Side” campaign – ExploreHoodCanal.com and promote these workshops to targeted audiences 8. All tourism branding is required to comply with the “Wild Side” campaign – ExploreHoodCanal.com 9. Shall maintain technology hardware (i.e. tablets)/Mason County Tourism progressive application for use by to visitors. The COUNTY may provide a minimum amount of hardware as recommended by the Lodging Tax Advisory Committee. All hardware purchased with lodging tax is COUNTY property and shall be inventoried annually by the CONTRACTOR. 10. Shall provide tourism information updates to Tourism Contractor in support of the Wild Side Tourism App – this includes, but not limited to, issues that could impact visitors such as events, traffic, trail and weather hazards or other emergency information that needs to be communicated to visitors. This information needs to be provided in a timely manner. 11. Focus on Visit Union Facebook and Instagram to drive tourism to Union. 12. Provide quarterly reports that shall include but not be limited to the following information:  Number of hours of operation for the quarter  Number of visitors served in person, by phone and through mail and email communication.  Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i)  Information provided in items 1 - 6 of Scope of Work.  VIC’s Google Report  Future planning and goals Page 11 of 15  CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the COUNTY no later than February 15 following the end of contract year. Page 12 of 15 EXHIBIT B COMPENSATION The following costs, which are directly related to Visitor Information Center activities, are allowed for Visitor Information Services: Advertising Supplies Telephone Postage Association Fees & Education Rent Events & Programs Utilities Computers & Technology Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense There shall be no payments made for repairs and maintenance. CONTRACTOR shall invoice the Visitor Information services and invoices shall include at a minimum the following information: Date, Service Billed, and Cost. Invoices for Visitor Information Services shall not exceed $ $43,100 for each contract year unless additional awards are made. Page 13 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If 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. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, 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. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to Page 14 of 15 protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. F. 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. G. 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. H. 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. Page 15 of 15 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) Page 1 of 14 MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2026 SHELTON-MASON COUNTY VISITOR INFORMATION CENTER SERVICES This contract is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Shelton-Mason County Chamber of Commerce, hereinafter referred to as "CONTRACTOR.” RECITALS: WHEREAS, COUNTY desires to retain a contractor to provide Visitor Information Center services in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the 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: Lodging Tax Fund (#163) Invoices: CONTRACTOR shall invoice the COUNTY for Visitor Information Center services. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the COUNTY annually by December 31. Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Visitor Information Services Progress Report that shall include but not be limited to the following information: Number of hours of operation for the quarter; number of visitors served in person, by phone and through mail and email communication; number of visitors served by location of origin; future planning and goals; CHAMBER’s Google report and number of links activated to www.explorehoodcanal.com. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to COUNTY the services as set forth in Exhibit A: Scope of Services during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Term: This is a ONE-year CONTRACT for the period of January 1, 2026 – December 31, 2026 with an option to renew up to an additional two years. 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. Compensation: The CONTRACT award is $159,484.87 (one hundred fifty-nine thousand four hundred eighty-four dollars and eighty-seven cents) for each year 2026. The total funding available in 2026 for Visitor Information Centers is $159,484.87 (one hundred fifty-nine thousand four hundred eighty-four dollars and eighty-seven cents) each year. The Lodging Tax Advisory Committee shall make a recommendation to the Mason County Commissioners on the contract award if and when the contract is extended. Page 2 of 14 Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this contract shall be in accordance with RCW 67.28.1816 and expensed as set forth in Exhibit B: Compensation. Invoices shall be submitted for services performed in accordance with Exhibit A. Acceptable invoices will be processed within 30 days of receipt. CONTRACTOR will notify COUNTY if payment has not been received by the 21st day of the month. Should COUNTY fail to make payment within the 30 days, CONTRACTOR reserves the right to charge a late payment fee of up to five-percent (5%) of the invoice total. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this contract. The CONTRACTOR hereby agrees to indemnify the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the contract, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the contract 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. Page 3 of 14 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 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. Assignment and Subcontracting: The performance of all activities contemplated by this contract shall be accomplished by CONTRACTOR. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. 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 the COUNTY at the present time or in the future. 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 Page 4 of 14 on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this contract; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this contract; or deny an individual or business an opportunity to participate in any program provided by this contract. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the 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 the COUNTY. 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 the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This contract is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the contract and its performance, and any and all communications with or evaluations by service recipients under this contract. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this contract for six (6) years after contract termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of Page 5 of 14 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: CONTRACTOR is required to provide insurance as detailed and stipulated in Exhibit C: Insurance Requirements. Proof of Insurance: A certificate of insurance is attached hereto as Exhibit D: Certificate of Insurance. Industrial Insurance Waiver: With respect to the performance of this contract and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this contract extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this contract. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this contract shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this contract, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting 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. Provider’s initials acknowledging indemnity terms: ________ 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 the COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. Page 6 of 14 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 Administrative Services Manager and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this contract, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this contract. The Administrative Officer for purposes of this contract is: Travis Adams, County Administrator 411 North 5th Street Shelton, WA 98584 Telephone (360) 427-9670 ext. 530 tadams@masoncountywa.gov Contractor Contact Information: Shelton-Mason County Chamber of Commerce Deidre Peterson, President/CEO PO Box 2389 215 West Railroad Avenue Shelton, WA 98584 Telephone (360) 426-2021 Deidre@masonchamber.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. Notice to CONTRACTOR for all purposes under this contract shall be given to the address provided by CONTRACTOR herein above in the “Contractor Information” section. Notice may be given by delivery or by depositing in the U.S. mail. 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. Page 7 of 14 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 and Exhibit B. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of contract by COUNTY. Termination for Reduced Funding: COUNTY may terminate this contract in whole or in part should COUNTY determine, in its sole discretion that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A and Exhibit B. Disputes: 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. Notice of Potential Claims: 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 or COUNTY, or (2) the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this contract or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this contract. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this contract shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pied 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. 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 in and for the County of Mason. Unless otherwise specified herein, this contract shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this contract, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A.Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (0MB) circulars and federal and state executive orders. B.Funding source agreement(s) including attachments C.Special Conditions D.General Conditions Entire Contract: This written contract, comprised of the Request for Proposals as published, Proposal as submitted, writings signed or otherwise identified and attached hereto, represents the entire contract between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this contract as of the date and year last written below. SHEL TON-MASON COUNTY CHAMBER OF COMMERCE Deidre Peterson, Executive Director Dated: ------------- BOARD OF COUNTY COMMISSIONERS SHELTON, WA MASON COUNTY, WASHINGTON Sharon Trask, Chair Page 8 of 14 Page 9 of 14 EXHIBIT A SCOPE OF SERVICES 2026 SHELTON-MASON COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES Shelton-Mason County Chamber of Commerce called “CONTRACTOR” will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following VISITOR INFORMATION CENTER services: 1.Maintain and operate visitor information services at the following location: a.ZZthrough Sunday, 10:00 A.M. – 4:00 PM the remainder of the year (October to May). 2.. . Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3.Disseminate visitor information or relocation information materials via U.S. Priority Mail upon request. 4.Provide for sale U.S. Forest Service and National Park Service area maps, Washington State Parks Department Discover Passes at the Hoodsport Visitor Information Center. 5.Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational activities, special events and festivals and accurate information about required permits and passes for accessing recreational opportunities. 6.Engage in community and business outreach by referring visitors to countywide lodging, dining, retail, recreation, and cultural providers, and by maintaining strong partnerships such as the U.S. Forest Service, Olympic National Park, Explore Hood Canal, or other regional tourism organizations to ensure consistent visitor messaging and cross-promotion. 7.Shall provide the Tourism Contractor (NEO) with a visitor-related updates regarding businesses/events that support tourism, including but not limited to: all lodging (hotels/motels, short-term rentals, campgrounds, etc.); dining establishments; events; and significant weather/traffic conditions, incidents, or alerts/advisories. This information shall include the areas of Shelton, Hoodsport and Lilliwaup and county-wide information is welcome. 8.All tourism branding is required to comply with the “Wild Side” campaign – as provided by the Tourism Contractor (NEO). 9.Shall maintain technology hardware (i.e. tablets)/Wild Side Tourism progressive application for use by visitors. The COUNTY may provide a minimum amount of hardware as recommended by the Lodging Tax Advisory Committee. All hardware purchased with lodging tax is COUNTY property and shall be inventoried annually by the CONTRACTOR. 10.Shall provide tourism information updates to Tourism Contractor (NEO) in support of the Wild Side Tourism progressive app – this includes but not limited to issues that could impact visitors such as events, traffic, trail and weather hazards or other emergency information that needs to be communicated to visitors. This information needs to be provided in a timely manner. 11.Provide quarterly reports that shall include but not be limited to the following information: •Number of hours of operation for the quarter •Number of visitors served in person, by phone and through mail and email communication. •Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i) •Information provided in regards to Items 1-7, above. Page 10 of 14 •VIC’s Google analytics •Future planning and goals •CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the COUNTY no later than February 15 following the end of contract year. Page 11 of 14 EXHIBIT B COMPENSATION The following expenses, which are directly related to Visitor Information Center activities and reviewed by the Lodging Tax Advisory Committee, are allowed for Visitor Information Services: Advertising Supplies Telephone Postage Association Fees & Education Rent Events & Programs Utilities Computers & Technology Repairs & Maintenance Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense Payment to the CONTRACTOR for services performed under this contract shall be made in accordance with RCW 67.28.080(7) and RCW 67.28.1815 regarding Visitor Information Services and operations of tourism- related facilities. No work product will be produced with lodging tax funding. CONTRACTOR shall invoice the Visitor Information services in 12 monthly equal installments and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Visitor Information Services shall not exceed $159,484.87 for each contract year unless additional awards are made. Page 12 of 14 Page 13 of 14 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If 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. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to 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. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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. F. 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. G. 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. H. 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. Page 14 of 14 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) Page 1 of 14 MASON COUNTY PROFESSIONAL SERVICES CONTRACT 2026 SHELTON-MASON COUNTY HOODSPORT CABOOSE CULTURAL ATTRACTION This contract is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Shelton-Mason County Chamber of Commerce, hereinafter referred to as "CONTRACTOR.” RECITALS: WHEREAS, COUNTY desires to retain a contractor to provide visitor service support as a Cultural Attraction in Mason County; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the 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: Lodging Tax Fund (#163) Invoices: CONTRACTOR shall invoice the COUNTY for Cultural Attraction services. Treatment of Assets. Ownership of all property/equipment purchased with lodging tax funds shall be owned by Mason County. The CONTRACTOR shall surrender to the COUNTY all property of the COUNTY within thirty days after termination or completion of this contract unless mutually agreed up on by the parties. A detailed inventory shall be maintained by the CONTRACTOR and reported to the COUNTY annually by December 31. Reporting Requirements: CONTRACTOR shall submit quarterly to the COUNTY a Visitor Information Services Progress Report that shall include but not be limited to the following information: Number of hours of operation for the quarter; number of visitors served in person, by phone and through mail and email communication; number of visitors served by location of origin; future planning and goals; CHAMBER’s Google analytics and number of links activated to www.explorehoodcanal.com. CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). General Conditions Scope of Services: The CONTRACTOR agrees to provide to COUNTY the services as set forth in Exhibit A: Scope of Services during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Term: This is a ONE-year CONTRACT for the period of January 1, 2026 – December 31, 2026, with an option to renew up to an additional two years. 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. Compensation: The CONTRACT award is $26,175.17 (twenty-six thousand one hundred seventy-five dollars and seventeen cents) for each year 2026. The total funding available in 2026 for this Cultural Attraction is $26,175.17 (twenty-six thousand one hundred seventy-five dollars and seventeen cents) each year. The Lodging Tax Advisory Committee shall make a recommendation to the Mason County Commissioners on the contract award if and when the contract is extended. Page 2 of 14 Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this contract shall be in accordance with RCW 67.28. and expensed as set forth in Exhibit B: Compensation. Invoices shall be submitted for services performed in accordance with Exhibit A. Acceptable invoices will be processed within 30 days of receipt. CONTRACTOR will notify COUNTY if payment has not been received by the 21st day of the month. Should COUNTY fail to make payment within the 30 days, CONTRACTOR reserves the right to charge a late payment fee of up to five-percent (5%) of the invoice total. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this contract. The CONTRACTOR hereby agrees to indemnify the 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 the COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 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 the 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 the 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 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. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the contract, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the contract 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. Independent Contractor: Page 3 of 14 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 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 the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the 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 the 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. Assignment and Subcontracting: The performance of all activities contemplated by this contract shall be accomplished by CONTRACTOR. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. 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 the COUNTY at the present time or in the future. 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 Page 4 of 14 on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this contract; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this contract; or deny an individual or business an opportunity to participate in any program provided by this contract. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the 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 the COUNTY. 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 the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This contract is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the contract and its performance, and any and all communications with or evaluations by service recipients under this contract. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this contract for six (6) years after contract termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of Page 5 of 14 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: CONTRACTOR is required to provide insurance as detailed and stipulated in Exhibit C: Insurance Requirements. Proof of Insurance: A certificate of insurance is attached hereto as Exhibit D: Certificate of Insurance. Industrial Insurance Waiver: With respect to the performance of this contract and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this contract extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this contract. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this contract shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this contract, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting 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. Provider’s initials acknowledging indemnity terms: ________ 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 the COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. Page 6 of 14 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 Administrative Services Manager and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this contract, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this contract. The Administrative Officer for purposes of this contract is: Travis Adams, County Administrator 411 North 5th Street Shelton, WA 98584 Telephone (360) 427-9670 ext. 530 tadams@masoncountywa.gov Contractor Contact Information: Shelton-Mason County Chamber of Commerce Deidre Peterson, President/CEO PO Box 2389 215 West Railroad Avenue Shelton, WA 98584 Telephone (360) 426-2021 Deidre@masonchamber.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. Notice to CONTRACTOR for all purposes under this contract shall be given to the address provided by CONTRACTOR herein above in the “Contractor Information” section. Notice may be given by delivery or by depositing in the U.S. mail. 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. Page 7 of 14 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 and Exhibit B. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of contract by COUNTY. Termination for Reduced Funding: COUNTY may terminate this contract in whole or in part should COUNTY determine, in its sole discretion that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A and Exhibit B. Disputes: 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. Notice of Potential Claims: 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 or COUNTY, or (2) the happening of any event or occurrence, unless 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 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. Detailed Claim: 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, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this contract or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this contract. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this contract shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy Page 8 of 14 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. 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 in and for the County of Mason. Unless otherwise specified herein, this contract shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this contract, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A.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.Special Conditions D.General Conditions Entire Contract: This written contract, comprised of the Request for Proposals as published, Proposal as submitted, writings signed or otherwise identified and attached hereto, represents the entire contract between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this contract as of the date and year last written below. SHELTON-MASON COUNTY BOARD OF COUNTY COMMISSIONERS CHAMBER OF COMMERCE SHELTON, WA MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Deidre Peterson, President/CEO Sharon Trask, Chair Dated: _____________________________ Dated: _____________________________ Page 9 of 14 EXHIBIT A SCOPE OF SERVICES 2026 SHELTON-MASON COUNTY CHAMBER OF COMMERCE CULTURAL ATTRACTION SERVICES Shelton-Mason County Chamber of Commerce called “CONTRACTOR” will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following CULTURAL ATTRACTION services: 1.Maintain and operate a cultural attraction at the following location: a.Caboose #700 Railway Car, 230 W. Railroad Ave., Shelton, WA. Space dedicated to Visitor Information: 300 sq. ft. outfitted with video monitoring and remote doorbell system, typical hours of operation are Monday through Friday, 8:00 AM – 5:00 PM. Additional hours may be provided to accommodate major community events and festivals held downtown Shelton. 2.Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3.Maintain, update, and present cultural and historical interpretive materials within Caboose #700, including the logging history exhibits installed in 2025. Interpretive displays shall be refreshed as needed to ensure accuracy, relevance, and visitor engagement, and may be developed in collaboration with the Tourism Contractor (NEO) or local heritage partners. 4.Shall ensure that cultural exhibits, informational materials, and other interpretive content within the Caboose are kept current, well-maintained, and reflective of Shelton’s logging and railroad heritage. 5.Interpretive and visitor information materials for the Caboose shall be provided and/or developed in coordination with the Tourism Contractor (NEO) to ensure consistency with regional cultural and heritage messaging used within the Wild “Side” campaign. 6.All tourism branding is required to comply with the “Wild Side” campaign – as provided by the Tourism Contractor (NEO) 7.Shall maintain technology hardware (i.e. tablets)/Wild Side Tourism progressive application for use by visitors. The COUNTY may provide a minimum amount of hardware as recommended by the Lodging Tax Advisory Committee. All hardware purchased with lodging tax is COUNTY property and shall be inventoried annually by the CONTRACTOR. 8.. Provide quarterly reports that shall include but not be limited to the following information: •Number of hours of operation for the quarter •Number of visitors served in person, by phone and through mail and email communication. •Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i) •Cultural Attraction’s Google analytics •Future planning and goals •CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the COUNTY no later than February 15 following the end of contract year. Page 10 of 14 Page 11 of 14 EXHIBIT B COMPENSATION The following expenses, which are directly related to Cultural Attractions and reviewed by the Lodging Tax Advisory Committee, are allowed for Cultural Attractions: Advertising Office & Administrative Supplies Telephone Postage Association Fees & Education Rent Events & Programs Utilities Computers & Technology Wage Expense Payroll Taxes Training & Seminars Contract Labor Preservation Activities Routine Facility Operations Marketing & Outreach Payment to the CONTRACTOR for services performed under this contract shall be made in accordance with RCW 67.28.080(7) and RCW 67.28.1815 regarding cultural, historical, and tourism-related facilities. These statutes authorize the use of lodging tax revenues for the operation, preservation, and enhancement of tourism-related cultural attractions. No work product will be produced with lodging tax funding. CONTRACTOR shall invoice the Cultural Attraction services in 12 monthly equal installments and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for this Cultural Attraction shall not exceed $26,175.17 for each contract year unless additional awards are made. Page 12 of 14 Page 13 of 14 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If 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. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, 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. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. B. 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. C. 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. D. 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. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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. F. 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. G. 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. H. 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. Page 14 of 14 EXHIBIT D CERTIFICATE OF INSURANCE (Placeholder) Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Travis Adams Ext: Click or tap here to enter text. Central Services ☒ Action Agenda: ☒ Public Hearing: ☐ ☐ Briefing Date(s): 12/15/25 Agenda Date(s): 12/16/25 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (Please ensure proper internal review channels have been followed, this is the responsibility of the Item: 2026 Commissioner Meeting Calendar Background/Executive Summary: Draft schedule for the year 2026 Commissioner Meetings. Calendar is subject to changes throughout the year but this draft is a baseline schedule. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: Publish to the Mason County Website Requested Action: Approval of publishing to the public via the Mason County Website Attachment(s): 2026 Commissioner Meeting Calendar S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 6 7 7 8 9 10 11 12 13 8 9 10 11 12 13 14 14 15 16 17 18 19 20 15 16 17 18 19 20 21 21 22 23 24 25 26 27 22 23 24 25 26 27 28 28 29 30 31 30 31 1 New Year's Day 6 7 8 9 a.m. Cmmr Mtg 13 14 15 20 21 22 9 a.m. Cmmr Mtg 27 28 29 SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 11 M L King Day 9 a.m. Briefing 9 a.m. Briefing DECEMBER 2025 FEBRUARY 2026 JANUARY 2026 SUNDAY S M T W T F S 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 3 4 5 9 a.m. Cmmr Mtg 10 11 12 17 18 19 9 a.m. Cmmr Mtg 24 25 26 SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 15 9 a.m. Briefing Presidents' Day JANUARY 2026 MARCH 2026 FEBRUARY 2026 9 a.m. Briefing SUNDAY S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 26 27 28 29 30 3 4 5 9 a.m. Cmmr Mtg 10 11 12 17 18 19 9 a.m. Cmmr Mtg 24 25 26 31 1 2 9 a.m. Cmmr Mtg SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 15 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing Good Friday FEBRUARY 2026 APRIL 2026 MARCH 2026 9 a.m. Briefing SUNDAY S M T W T F S 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 31 1 2 7 8 9 14 15 16 9 a.m. Cmmr Mtg 21 22 23 28 29 30 9 a.m. Cmmr Mtg SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Easter Sunday 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing MARCH 2026 MAY 2026 APRIL 2026 Good Friday SUNDAY S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 28 29 30 5 6 7 12 13 14 9 a.m. Cmmr Mtg 19 20 21 26 27 28 9 a.m. Cmmr Mtg 2 3 4 APRIL 2026 JUNE 2026 MAY 2026 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 26 27 1 2 3 4 8 9 9 a.m. Briefing 10 11 15 16 9 a.m. Briefing 24 25 29 30 17 18 22 23 9 a.m. Briefing Memorial Day 31 1 5 6 9 a.m. Briefing S M T W T F S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 31 2 3 4 9 10 11 9 a.m. Cmmr Mtg 16 17 18 23 24 25 9 a.m. Cmmr Mtg 30 1 2 Juneteenth SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 14 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing Independence Day Holiday Independence Day MAY 2026 JULY 2026 JUNE 2026 9 a.m. Briefing SUNDAY S M T W T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 30 31 30 1 2 7 8 9 9 a.m. Cmmr Mtg 14 15 16 21 22 23 9 a.m. Cmmr Mtg 28 29 30 SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 12 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing JUNE 2026 AUGUST 2026 JULY 2026 Holiday Independence Day SUNDAY S M T W T F S 1 2 3 4 1 2 3 4 5 5 6 7 8 9 10 11 6 7 8 9 10 11 12 12 13 14 15 16 17 18 13 14 15 16 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 26 27 28 29 30 31 27 28 29 30 28 29 30 4 5 6 9 a.m. Cmmr Mtg 11 12 13 18 19 20 9 a.m. Cmmr Mtg 25 26 27 1 2 3 9 a.m. Cmmr Mtg JULY 2026 SEPTEMBER 2026 AUGUST 2026 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 26 27 31 1 2 3 7 8 9 a.m. Briefing 9 10 14 15 9 a.m. Briefing 23 24 28 29 16 17 21 22 9 a.m. Briefing 9 a.m. Briefing 30 31 4 5 9 a.m. Briefing S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 1 2 3 9 a.m. Cmmr Mtg 8 9 10 15 16 17 9 a.m. Cmmr Mtg 22 23 24 29 30 1 9 a.m. Cmmr Mtg SATURDAY Labor Day MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 13 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing AUGUST 2026 OCTOBER 2026 SEPTEMBER 2026 9 a.m. Briefing SUNDAY S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 29 30 1 9 a.m. Cmmr Mtg 6 7 8 13 14 15 9 a.m. Cmmr Mtg 20 21 22 27 28 29 9 a.m. Cmmr Mtg SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 11 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing SEPTEMBER 2026 NOVEMBER 2026 OCTOBER 2026 9 a.m. Briefing SUNDAY S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 3 4 5 10 11 12 9 a.m. Cmmr Mtg Veterans Day 17 18 19 24 25 26 9 a.m. Cmmr Mtg Thanksgiving Day 1 2 3 HOLIDAY SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 15 9 a.m. Briefing 9 a.m. Briefing 9 a.m. Briefing OCTOBER 2026 DECEMBER 2026 NOVEMBER 2026 9 a.m. Briefing SUNDAY S M T W T F S 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 24 25 26 27 28 29 30 31 1 2 3 8 9 10 9 a.m. Cmmr Mtg 15 16 17 9 a.m. Cmmr Mtg 22 23 24 HOLIDAY 29 30 31 Christmas SATURDAY 9 a.m. Briefing MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 13 9 a.m. Briefing New Year's Day NOVEMBER 2026 JANUARY 2027 DECEMBER 2026 9 a.m. Briefing SUNDAY Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Jennifer Beierle Ext: 532 Central Services ☒ Action Agenda: ☒ Public Hearing: ☒ ☐ Briefing Date(s): 11/24/2025 Agenda Date(s): 11/25/2025, PH 12/16/2025 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Requests for supplemental appropriations and amendments to the 2025 budget Background/Executive Summary: Requests for supplemental appropriations and amendments to the 2025 budget are attached. Budget Impact (amount, funding source, budget amendment, etc.): See Attached Public Outreach: RCW 36.40.100 requires the Board to publish notice in the official county newspaper for two consecutive weeks prior to the budget hearing. Requested Action: Request to set a public hearing for December 16, 2025, at 9:15 a.m. to consider and approve supplemental budget requests and budget transfers to the 2025 budget. Attachment(s): Draft Resolution for Budget Supplemental Appropriations and Amendment Requests and Proposed 2025 Budget Amendment #2 Detail and Detailed Budget Entries RESOLUTION NO. 2025 BUDGET BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS - NOTICE OF HEARING WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget for the year 2025, it is necessary to make provisions for supplemental appropriations and amendments to the budget as required by RCW 36.40.100, and RCW 36.40.195; and WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachments A & B to this Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified, which were not known at the time of original budget adoption; and WHEREAS, the net total of adjustments to 2025 authorized expenditure appropriations in the General Fund is an increase of $1,735,054; and WHEREAS, the net total of adjustments to 2025 authorized expenditure appropriations in funds other than the General Fund is an increase of $644,500; and THEREFORE, BE IT RESOLVED BY THE Board of Mason County Commissioners: That the 16th day of December, 2025 at the hour of 9:15 a.m., in the Mason County Commissioners Chambers in Courthouse Building I, 411 North 5th Street, Shelton, Washington, is hereby fixed as the time and place for a public hearing upon the matter of Budget Amendment Requests to the 2025 Budget as provided in Attachments A & B to this Resolution. A copy of this resolution and the proposed amendments to the 2025 budget is available by contacting Jennifer Beierle, Budget & Finance Manager, at (360) 427-9670 ext. 532. The Clerk of the Board is hereby authorized, empowered, and directed to cause notice of such hearing to be published as provided by law. DATED this 25st day of November, 2025 ATTEST: ____________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ____________________________ Tim Whitehead, Chief DPA Publish 2x 12/4 & 12/11 bill to Commissioners, 411 North 5th Street, Shelton BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _________________________________ Sharon Trask, Chair _________________________________ Pat Tarzwell, Vice Chair _________________________________ Randy Neatherlin, Commissioner ATTACHMENT A TO RESOLUTION NO. _________2025 BUDGET AMENDMENT #2 DETAIL LINE FUND FUND NAME DEPARTMENT REVENUE EXPENDITURE 1 001 2 001 4 001 COURTHOUSE 60,000 INCREASE IN SECURITY NEEDS DUE TO THE 5 001 350,000 6 001 1,300,000 1,300,000 7 150 260,000 8 164 9 412 TO BELFAIR SEWER DUE TO MATCH ACTUAL 10 194 TO BELFAIR SEWER DUE TO MATCH ACTUAL GENERAL FUND TOTAL 1,309,000 1,735,054 OTHER FUNDS TOTAL - 644,500 ALL FUNDS GRAND TOTAL 1,309,000 2,379,554 Page 1 of 2 ATTACHMENT B TO RESOLUTION NO. _________2025 BUDGET AMENDMENT #2 DETAILED BUDGET ENTRIES LINE FROM ACCOUNT TYPE I/D REVENUE BALANCE DESCRIPTION General Fund Total:1,309,000 1,735,054 (426,054) Other Funds Total:- 644,500 (644,500) All Funds Grand Total:1,309,000 2,379,554 (1,070,554) Page 2 of 2 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Marissa Watson Ext: 367 Community Development ☐ Action Agenda: ☐ Public Hearing: ☒ ☐ Briefing Date(s): November 17, 2025 Agenda Date(s): December 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 Item: Mason County Comprehensive Plan 2025-2045 Periodic Update Background/Executive Summary: The BOCC has reviewed the Planning Advisory Recommendations on the Draft Comprehensive Plan Periodic update during their joint PAC and BOCC meeting of October 20, 2025. Staff also provided a high-level review of substantive changes to the 2025 Mason County Comprehensive Plan at a BOCC work session on November 10, 2025. Staff is now requesting that the Board of County Commissioners review the additional revisions made to the Draft Comprehensive plan. These revisions are in response to the compliance letter from the Washington State Department of Commerce, comment from state agencies, and a government to government meeting with the Squaxin Island Tribe. Comments and staff responses can be found in the Deliberations Matrix – December 16, 2025, as well as called out in the Draft Plan. All redlines in the Draft Plan, presented for this hearing, are revisions made post PAC hearing and are in response to meeting Growth Management Act mandates, updates made in response to government to government meeting, and staff recommendations based on public comment received. The County also updated the Mason County Comprehensive Plan Environmental Impact Statement (EIS). Originally draft in 1998 and amended in 2000, the updated EIS evaluates potential impacts of population growth and development within the County and proposes possible mitigation strategies. The EIS reviews growth under three different alternatives with a preferred alternative concentrating more growth within the UGAs. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): None Public Outreach: The public participation summary can be reviewed on the 2025 Comprehensive Plan Update project page. All meetings have been advertised in the Journal, on the project webpage, and to members of the notification list. Requested Action: Mason County Board of County Commissioners review and approve the 2025 update to the Mason County Comprehensive Plan which includes the 2026-2031 Capital Improvement Program, appendices A through F, and amended Future Land Use Map. Attachment(s): Staff Report, Ordinance- 2025 Comprehensive Plan Update, Ordinance – Capital Improvement Program 2026-2031, Mason County Comprehensive Plan 2025-2045 redline and clean, Appendices A – F, Future Land Use Map, Final Environmental Impact Statement, Deliberations Matrix – December 16, 2025, and compliance letter Washington State Department of Commerce. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 1  360.427.9670 ext. 352 |  masoncountywa.gov STAFF REPORT PLANNING ADVISORY RECOMMENDATION The Mason County Planning Advisory Commission (PAC) and the public reviewed draft policy amendments for each comprehensive plan element beginning in November 2024 and continuing through August 2025 with opportunity for the public to provide comment prior to and during work sessions. Beginning in February of 2024 the PAC began reviewing data produced by the state and local organizations as well as technical analysis performed by SCJ Alliance and FCS Group. This work would inform Comprehensive Plan elements. Some of this work included such items as the work program, public participation plan, GMA checklist, stakeholder interview summary, climate planning scope and CPAT formation, community vision survey, draft housing needs assessment, and Countywide Planning Policies. The PAC held over twenty-five work sessions, meetings, and public hearings on the comprehensive plan periodic update, this does not include the monthly meetings that the CPAT (Climate Policy Action Team) held to discuss the requirements of the Climate Resiliency chapter as well as new policy formation based on the guidance from Commerce and our project consultant. PAC RECOMMENDATION During the September 29, 2025 public hearing (continued from September 15, 2025) of the Planning Advisory Commission, the PAC made a recommendation to the Board of County Commissioners. The PAC recommended approval of the draft Comprehensive Plan and appendices with recommended revisions. Three of the four commissioners voted in favor of the recommendation, with the chair abstaining from the vote. The PAC also made a Review Topic: Board of County Commissioners public hearing on the 2025 Mason County Comprehensive Plan Periodic Update Department: Community Development – Planning Staff Contact(s): Marissa Watson, Senior Planner Ext. 367 or mwatson@masoncountywa.gov Date: December 16, 2025 Action Requested at this Meeting: BOCC review and approval of amendments to the Comprehensive Plan, Appendices and Future Land use Map, as recommended in the Plan and as outlined in the Deliberations Matrix dated December 16, 2025. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 2  360.427.9670 ext. 352 |  masoncountywa.gov recommendation to forward the chair’s issues with the draft, as presented during the PAC public hearing process, to the BOCC. The BOCC and the PAC held a joint meeting on November 10, 2025 to discuss any outstanding issues with the draft. The draft presented for this December 16, 2025 public hearing is the result of recommendations by staff based on comment from state agencies, the public, any guidance from the BOCC regarding their own additions, and additions recommended by the PAC that the BOCC desired to see in this final version. PUBLIC COMMENT RECEIVED AND RECOMMENDATIONS Public comment was received in writing for the September 15, 2025 public hearing of the Planning Advisory Commission. The PAC was provided all written comment to consider during the hearing. Staff and the consultant have further reviewed the comments received from state agencies and the public have suggested revisions to the draft, post PAC recommendation, these revisions are noted in the Deliberations Matrix dated December 16, 2025. A 60-day notice of adoption was provided to the Washington State Department of Commerce. The notice expired on December 1, 2025. Comments and suggestions were received from the Department of Commerce and staff and the consultant have noted recommended revisions to the draft based on that feedback. These recommendations are also noted in the Deliberations Matrix December 16, 2025. STAFF RECOMMENDATION Staff is recommending review and approval of the 2025 Mason County Comprehensive Plan with all associated appendices, including the Capital Improvement Program 2026 - 2031 and amended Future Land use map. This recommendation includes the PAC recommended version plus the additions noted in the Deliberations Matrix December 16, 2025, as well as those revisions noted in the Plan under review for this public hearing. All public comment received has been compiled and is available on the 2025 Comprehensive Plan Update webpage under the heading “Comments”. Staff and consultant response to public comment on the September 15, 2025 PAC public hearing draft and Department of Commerce comments and responses are located in the Deliberations Matrix December 16, 2025. DOCUMENTS The following documents are under review and prepared for submittal to the Washington State Department of Commerce. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 3  360.427.9670 ext. 352 |  masoncountywa.gov 2025 Mason County Comprehensive Plan which is comprised of the following chapters: Introduction Community Profile Land Use element Housing element Economic Development element (optional) Transportation element (Appendix B) Rural and Natural Environment element Parks and Trails element (Appendix C: PROST Plan – optional)* Capital Facilities, Utilities, and Financing element Climate Resiliency element Health and Human Services element (Appendix F) *Not updated this cycle, referenced only. Additional Appendices: Appendix A: Housing Needs Assessment Appendix D: Capital Improvement Program 2026 – 2031 Appendix E: Mason County Climate Element Workbook Amended Mapping: Future Land Use map (Comprehensive Plan map) Supplemental Documents: Final Draft Environmental Impact Statement Deliberations Matrix December 16, 2025 STATE ENVIRONMENTAL POLICY ACT (SEPA) The impacts of the Comprehensive Plan update have been analyzed as part of the State Environmental Policy Act (SEPA) process, and the necessary mitigation measures have been identified and incorporated. The County drafted an Environmental Impact Statement with the intent to ensure the impacts and necessary mitigation identified were updated to address changing circumstances. The last time an EIS was drafted for a Comprehensive Plan update in Mason County was 1998, with amendment in 2000. The public was provided with a SEPA Environmental Impact Statement scoping notice and the comment period began on January 20, 2025 and ended on February 19, 2025. A Draft Environmental Impact Statement (DEIS) was produced using updated information related to the revision of the Comprehensive Plan, public comment, and staff input. Mason County developed three preliminary land use alternatives to compare future growth patterns and impacts. The three MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 4  360.427.9670 ext. 352 |  masoncountywa.gov alternatives were developed using different approaches to balancing growth targets for population and housing. Following significant analysis and public input, the Planning Advisory Commission recommended Housing Method D which utilizes the Preferred Alternative. The Preferred Alternative concentrates greater growth in the Urban Growth Areas over the 20-year planning horizon. A 30-day comment period was provided for the DEIS per WAC 197-11-455, beginning on September 8, 2025 and ending on October 8, 2025. A Final Environmental Impact Statement (FEIS) was issued on November 25, 2025 addressing comments received during the comment period. PROJECT DESCRIPTION AND BACKGROUND Counties planning under the Washington State Growth Management Act (GMA) are required to periodically conduct an update of their comprehensive plan and development regulations. The periodic update recently changed from an 8-year cycle to a 10-year cycle, this will take effect after the current update’s completion. Mason County is a fully planning jurisdiction and is required to evaluate the comprehensive plan and development regulations against updates in the GMA, case law, and changes in land use and population growth (RCW 36.70A.130(5). The 2022 Legislative Session addressed many issues in growth management and community development. A list of these bills can be found on the Department of Commerce's website. The state has made a greater effort to invest in growth management planning by providing grant funding to all counties and cities within those counties, fully or partially planning. The grant amount is based on whether the county is fully or partially planning and the population; Mason County received a total of $475,000 in grant monies from the Department of Commerce. The County attained the services of a consulting firm, SCJ Alliance LLC, to help in gathering many components needed for the plan and regulation review and final document drafting, i.e. demographic information, existing planning documents and system plans, land use needs, mapping data, public input, etc. Senate House Bill 2296 extended the deadline for the Mason County Comprehensive Plan Update 2025 – 2045, from June 30, 2025 to December 31, 2025. This deadline is set forth in RCW 36.70A.130. POLICY REVISION Preliminary draft policies were formed after completing data collection, analysis, and public engagement. Formation of the policies took into consideration consistency with the Growth Management Act, Countywide Planning Policies, County Vision, cleanup to reflect changing circumstances, and public comment. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 5  360.427.9670 ext. 352 |  masoncountywa.gov SUMMARY OF COMPREHENSIVE PLAN CHANGES The following is a summary of the key changes to each element (chapter), a complete set of proposed policy changes can be found in the Plan on the Mason County 2025 Comprehensive Plan Update webpage. CHAPTER 1: INTRODUCTION The new Chapter 1: Introduction replaces the old Citizen’s Guide. This chapter is all about setting the foundation for the Comprehensive Plan; it explains why the County plans, who the County plans with, and how the Plan will guide the County’s future. The chapter communicates the requirement to plan as part of the Growth Management Act; helping communities to contemplate growth in smart and responsible ways, making sure natural areas are protected, housing is supported, and assets such as roads and utilities are maintained and improved. Chapter 1 also explains the connection of the Plan to other important documents such as the Countywide Planning Policies, development regulations, and other local plans such as the PROST plan and the Transportation Plan. Structure of the Plan is also discussed as well as community involvement through the Planning Advisory Commission and community organizations and individual residents. CHAPTER 2: COMMUNITY PROFILE Chapter 2 provides a review of the County’s physical setting – geography, natural features and the broader regional context that shapes daily life in the County. It also elaborates on what makes the community unique both environmentally and culturally. Current demographic, economic, and housing trends are looked at in more detail using state and federal data sources. These data sources reveal who lives in the County, how the workforce and economy are changing, and what types of homes people need now and in the future. These initial insights set the foundation for more detailed population growth forecasts and housing needs analyses that are expanded later in the Plan. The chapter also introduces the Community Vision Statement which is a shared expression of community values, aspirations, and priorities for the County going forward. CHAPTER 3: LAND USE By the year 2045, the County expects a population of 82,932 residents, thus thoughtful planning remains essential to support housing, infrastructure, and quality of life. To do that effectively, several major updates have been made to this chapter. The chapter improves the accuracy of land area calculations and land use categories and zoning classifications. This includes a detailed review of what land is actually buildable, both inside MC Case: Department Generated Attachment 615 W. Alder Street  Shelton, Wa 98584 6  360.427.9670 ext. 352 |  masoncountywa.gov Urban Growth Areas and across the County’s rural landscape. Analysis incorporates 2022 population projections from the Washington Office of Financial Management and the Mason County 2025 Housing Needs Assessment. Adjustments in land capacity have also been made to reflect Green Diamond’s retirement of acreage from the County’s available residential development capacity. Another major enhancement in this chapter is better integration of environmental justice and land use planning; planning for growth in a fair and healthy direction. The chapter incorporates balanced planning strategies focused on reducing environmental health disparities and ensuring that the benefits and burdens of growth are shared fairly across the County. Addressing environmental justice within the Plan is a requirement of RCW 36.70A.070. CHAPTER 4: HOUSING Chapter 4 draws from the latest housing needs assessment. The chapter breaks down local housing needs by income level, the types of homes that are most in demand, and where those needs are distributed across the County. This work includes compliance with house bill 1220, ensuring the County is addressing housing needs across the entire income spectrum. The chapter incorporates the State’s Housing for All Planning Tool (HAPT). This tool gives a strong baseline, and then the results are refined to make sure they reflect the specific realities of the region, not just statewide trends. Another major update is the inclusion of rent gap analysis. This reveals where renters are most struggling to find homes priced within their means. Alongside that, the Plan takes a deeper look at racially disparate housing outcomes, acknowledging that not all members of our community have experienced the housing market equally. From this analysis, goals and policies were revised to better address displacement risk and to support a broader variety of housing types throughout the County. Another strong focus is preserving the affordable housing within the County. Policies now more clearly align with land capacity findings and reflect ongoing coordination with regional housing partners, including the City of Shelton. Finally, the entire housing goals and policies section has been thoroughly refined for clarity and consistency. One major improvement is that the policies now more clearly define the County’s role — what is enabled through zoning and infrastructure, versus what is directly implemented through programs and partnerships. Vague language was removed, replacing it with inclusive and actionable statements. These refinements respond directly to PAC feedback, especially regarding equity, housing capacity tracking, and inter-jurisdictional collaboration. CHAPTER 5: ECONOMIC DEVELOPMENT Chapter 5 has been thoroughly updated to better reflect the community’s current economic conditions and long-term vision for prosperity. These updates ensure that our economic development policies are relevant, data-driven, and aligned with community priorities. The entire chapter now corresponds directly with the Economic Vitality Action Plan developed by the Economic Development Council of Mason County. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 7  360.427.9670 ext. 352 |  masoncountywa.gov The structure of the chapter has been updated to focus on four integrated economic objectives: Retaining and growing local businesses – supporting the success of existing employers. Attracting new businesses that fit our community’s needs and character. Cultivating startups and innovation, helping new entrepreneurs thrive here. Strengthening the overall economic base, including infrastructure and workforce development. To support these objectives, the most recent data was incorporated, available from 2023 and 2024, using sources such as the Office of Financial Management, the American Community Survey, and the Bureau of Labor Statistics. This updated information reflects current realities around employment trends, income levels, education, and commuting patterns. Another major improvement is the integration of public health and livability into economic planning. The chapter now addresses how economic stability intersects with issues like homelessness, behavioral health, an aging population, and emergency response coordination. Key industry strategies remain in place, but with updated emphasis on the systems needed to support growth — such as broadband expansion, workforce training, clean water, and climate- resilient infrastructure. Finally, the chapter now includes revised language on tribal partnerships. It shifts from consultation alone to a stronger focus on mutual benefit and shared opportunity, recognizing the essential role Tribal Nations hold in regional prosperity. CHAPTER 6: TRANSPORTATION The diagram below shows the approach the consultant used in development of the Transportation element. A variety of project sources were evaluated—traffic forecasts, previous studies, safety needs, active transportation gaps, and community input. These provided a broad universe of potential projects. Then there is the multimodal plan development process, where all identified projects are placed into an unprioritized list. Projects are evaluated against key community-driven priorities, and cost estimates are produced to understand the level of investment required. The funding that will likely be available over the next 20 years is also analyzed. By combining these factors—needs, priorities, and cost—a long-range prioritized list of transportation projects for all travel modes is created. This process is supported throughout by agency coordination and ongoing community engagement to ensure the plan reflects real needs. Finally, on the right, the outcome is a recommended plan. This includes a prioritized project list, as well as supporting goals, policies, and action strategies needed to guide implementation over the next two decades. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 8  360.427.9670 ext. 352 |  masoncountywa.gov Figure provided by SCJ Alliance LLC. CHAPTER 7: RURAL AND NATURAL ENVIRONMENT Previously called the Rural Element, this chapter now brings together land use planning, natural resource conservation, and rural economic development into one coordinated strategy. It strengthens how rural communities can grow while protecting the lands and ecosystems that define them—farmlands, forests, and working natural resource lands. Updates fully reflect Growth Management Act requirements, including rural density standards and LAMIRD designations to guide where rural development should—and shouldn’t—happen. Acreage numbers for rural residential and commercial areas have been refreshed, and a new Forest Legacy Lands category highlights long-term forest protection. The chapter provides clearer guidance on safeguarding water resources, wildlife habitats, and working lands— ensuring development remains compatible with environmental health. Expands beyond parks to recognize traditional cultural landscapes, wildlife corridors, and community recreation areas—connecting to the 2022 PROST Plan. Outdated data and tables have been consolidated so the chapter is more accurate, readable, and aligned with current priorities. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 9  360.427.9670 ext. 352 |  masoncountywa.gov CHAPTER 8: PARKS AND TRAILS The PROST Plan (Parks, Recreation, Open Space, and Trails Plan) is an optional element and was not updated during this periodic update. This chapter is referenced in the Plan and is compiled as one of the appendices. CHAPTER 9: CAPITAL FACILITIES, UTILITIES, AND FINANCING Chapter 9 brings together two major planning components—Capital Facilities and Utilities—into one streamlined, easy-to-navigate section. By consolidating these topics, it is simpler to understand how Mason County plans, funds, and maintains the key facilities and essential services that keep our communities functioning. This chapter clearly outlines all requirements set by the Growth Management Act, ensuring the County meets state standards while also reflecting local needs. An inventory of the facilities and services that support daily life in the County, such as roads, public safety buildings, water and sewer systems, parks, and more is included. And because Mason County isn’t the only provider of these services, important partners such as state agencies, school districts, water and sewer districts, tribes, and private utilities are identified. The chapter expands on the purpose and value of the Capital Facilities Plan: •How it guides long-range planning •How it supports growth and development •How it ensures we invest in the right projects, at the right time, with the right funding All of the technical data—future population projections, service demand, and financing approaches—have been updated. The chapter links to the County’s Capital Improvement Program, a six-year priority investment plan that is reviewed and updated every year to stay current and fiscally responsible. A clear distinction is made between services directly provided by the County and those operated by external providers. While the primary focus remains on County-led services, there is also acknowledgment that a wide network of outside partners plays a critical role in serving residents. The chapter also highlights decentralized systems such as on-site septic and small-scale wastewater treatment facilities, which are especially important in rural areas. Finally, policies throughout the chapter have been carefully updated based on feedback from the Planning Advisory Commission and the public. Outdated language has been removed, existing strategies strengthened, and brand-new utility policies added to better support the County’s future. MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 10  360.427.9670 ext. 352 |  masoncountywa.gov CHAPTER 10: CLIMATE RESILIENCY Rather than simply reacting to climate-related hazards, this chapter outlines a long-term strategy to build resiliency into our communities, our infrastructure, and our natural systems. To ensure planning is grounded in real-world science and community experience, we pull information from several major sources: The Climate Mapping for a Resilient Washington (CMRW) Webtool This interactive tool provides projections for climate hazards such as sea-level rise, increased wildfire risks, and extreme heat. It helps us pinpoint where vulnerability is highest today—and where it will grow in the future. Local Plans and Data Integration of existing local knowledge, especially the 2023 Hazard Mitigation Plan, to align our climate resilience strategies with ongoing risk-reduction efforts. Stakeholder Engagement Input from residents, local leaders, and subject-matter experts to ensure priorities reflect the unique needs and values of our region. Commerce Guidance The Washington State Department of Commerce provides clear expectations and requirements to ensure our planning meets state standards while supporting local flexibility and innovation. A Climate Policy Advisory Team (CPAT) was formed to help shape the Climate Resiliency element. An invitation went out to different local agencies and stakeholders, not all invitations were answered and some invitees’ participation varied. CPAT participation guided the initial draft of the goals and policies, allowed for meaningful discussions to ensure we are addressing real climate impacts and community vulnerabilities. CPAT interactions also allowed for review of feedback from residents, local organizations, partner agencies, and County staff — and making sure those voices were reflected in the final plan. The final product is a strong, comprehensive set of climate resilience goals and policies, built on Commerce’s Menu of Measures, Local insight — CPAT input, stakeholder interviews, advisory committees, and public feedback; documentation of process is located within the Climate Element Workbook (Appendix E). CHAPTER 11: HEALTH AND HUMAN SERVICES This chapter has been adopted by reference as an optional element of the plan and is located in the appendices section of the Plan. It has been updated by Public Health staff to answer some big picture questions regarding what it means to be a healthy community. It’s not just about MC Case: Department Generated 615 W. Alder Street  Shelton, Wa 98584 11  360.427.9670 ext. 352 |  masoncountywa.gov hospitals or doctor visits — it’s about creating places where people can live safely, access nutritious food, breathe clean air, and feel connected and supported every day. From there, the chapter focuses on three key themes: Health Outcomes This section looks at the measures that reflect community wellness — things like life expectancy, chronic disease rates, access to care, and mental health. These outcomes help the County see where the successes are and where gaps still exist. Planning for Health Good health doesn’t happen by accident — it requires thoughtful planning. This element explores how community design, housing, transportation, parks, and services all shape physical and mental well-being. Health Goals and Policies Finally, the chapter outlines strategies and actionable steps to help improve community health moving forward. These policies guide how the County invests in services, supports vulnerable populations, and promotes equity in health access. The full scope of policy revision, background data, analysis, and supporting narrative can be reviewed in the draft Plan. SUMMARY OF FUTURE LAND USE MAP CHANGES The County consulted with the City of Shelton regarding Urban Growth Area expansion and no petition to modify or expand the UGA was submitted, nor received from any resident or agency private or public. The County determined through land capacity analysis and the 20-year population and housing growth projections that current Urban Growth Area boundaries can accommodate the projections beyond the 20-year planning horizon and no request to modify boundaries was docketed. The County updated the future land use map, creating a new land use designation “Forest Legacy” to reflect the enrollment of over twenty thousand (20,000) acres in a perpetual working forest conservation easement. The map is attached to this request for amendment. ADDITIONAL REQUIREMENTS OF RCW 36.70A.130(5) After action is taken on the Plan, the Resource Ordinance and Development Regulations will be reviewed and updated as part of the periodic update. This next phase of work will be reviewed by the public with the Planning Advisory Commission and subsequently brought forward to the Board of County Commissioners to be reviewed and adopted by separate ordinance.