HomeMy WebLinkAbout2026/02/23 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
February 23, 2026
In the spirit of public information and inclusion, the attached is a draft of information for
Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion, and is not all inclusive of
what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
Commission meetings are live streamed at http://www.masonwebtv.com/ and public comment is accepted
via email msmith@masoncountywa.gov; mail to Commissioners Office, 411 N 5th Street, Shelton, WA
98584; or phone at (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via
telephone, please provide your telephone number to the Commissioners’ office no later than 4 :00 p.m. the
Friday before the meeting. If special accommodations are needed, contact the Commissioners' office at
Shelton (360) 427-9670 ext. 419
Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent
version.
Last printed 02/18/26 at 1:42 PM
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of February 23, 2026
Monday
Noon WA State Association of Counties Zoom Meeting*
Virtual Assembly
*This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may
attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings.
Monday, February 23, 2026
Zoom link available on the Mason County website
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
10:00 A.M. Executive Session – RCW 42.30.110(1)(c) Real Estate
10:20 A.M. Community Development – Randy Collins
10:30 A.M. Support Services – Travis Adams
11:10 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
Commissioner Discussion – as needed
Mason County Community Development
Briefing
February 23, 2026
Briefing Items
→ County-wide Community Wildfire Preparedness Plan – Randy Collins
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Randy Collins, Fire Marshal Ext: Click or tap here to enter text.
Department: Community Development Briefing: ☐
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): Held October 6, 2025 Agenda Date(s): March 3, 2026
Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Approve the RFP to solicit proposals from qualified vendors for the preparation of a County-wide
Community Wildfire Preparedness Plan (CWPP)
Background/Executive Summary: After experiencing a nine-fold increase in the number of wildfires
since 2010, and 2025 being the most active fire season experienced in the County’s history, on October 6,
2025, a briefing was held with the Commissioners to discuss funding a CWPP to replace the previous one
prepared in 2012 and found under State and Federal laws to be obsolete and no longer valid. The outcome
of the meeting was Board direction to prepare an RFP to go out to qualified vendors.
Since that time, the enclosed RFP has been drafted, reviewed and approved by the County Prosecutor. As
the entity that approves CWPPs at the State level, the RFP has also been reviewed by DNR’s Community
Resilience Division to ensure it addresses all the components they require in such a document.
Associated Costs/Budget Impact $150,000- $200,000 dependent upon the extent of outreach
Public Outreach: Because the purpose of a CWPP is to work with the community to develop the
document, it is essential those stakeholders directly impacted by wildfires are engaged. This practice is
strongly recommended and has worked well in the other Counties with approved CWPPs. To that end,
since the October briefing, an Advisory Committee comprised of representatives of the fire districts,
PUD’s, Tribes, timber industry, EDC, DEM, conservation district & HOA’s has been established with
representatives of each entity volunteering to monitor the progression of the CWPP to ensure it meets the
broader needs of the region.
Requested Action: Approve the RFP for distribution to qualified vendors.
Attachment(s): RFP, CWPP Advisory Committee Members list
MASON COUNTY CWPP ADVISORY
COMMITTEE
Kristen Masteller PUD-1 Gen. Mgr. kristenm@mason-pud1.org
Kelly Guy Squaxin Tribe Em. Mgr. kguy@squaxin.us
Natalie Marshall Green Diamond Pub Affairs natalie.marshall@greendiamond.org
KC Whitehouse Central Mason Fire BC kwhitehouse@cmfe.org
Greg Seals West Mason Fire Assist. Chief gseals@mcfd16.com
John Taylor Mason Co. Emerg. Mgr. jtaylor@masoncountywa.gov
Kevin Shutty MC Economic Dev. Council kevin@choosemason.com
Margaret Kreder Mason Conservation District mkreder@masoncd.org
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Mason County Request for Proposals for
the Development of a Community Wildfire Protection Plan
1. Summary and Background:
The Mason County Department of Community Development Fire Marshal’s office is seeking proposals
from qualified consultants to develop a Community Wildfire Protection Plan (CWPP) for the County. The
last CWPP was prepared as a Pro-Bono project by the Ecosystem Management class of Western
Washington University (Huxley College) in 2012. Since the completion of that document, the County has
experienced an eight-fold increase in the number of wildfires with 2025 being the most active in its history
with over 20,341 acres burned exceeding $50M in suppression costs.
2. Bidder Qualifications:
Interested consultants shall demonstrate their qualifications in the following areas:
A. Expertise in wildfire risk assessment, hazard mitigation planning and/or related fields.
B. Experience developing and writing Community Wildfire Prevention Plans.
C. Proficiency in conducting wildfire risk modelling and geospatial products (both digital and static),
ESRI products or QGIS.
D. Strong technical writing and editing skills.
E. Experience engaging with stakeholders, including governmental agencies, tribal governments,
fire districts, homeowner & Firewise groups and other relevant community organizations.
F. Familiarity with Federal guidelines, Washington State DNR, wildfire risk reduction strategies and
other CWPP recommendations.
G. The names of counties they have prepared CWPP’s along with a reference list of client names
and their contact information.
Each interested consultant shall specifically identify in its proposal whether or not any potential or
actual Organizational and Consultant Conflicts of Interest (OCCI) exists for this procurement. If the
offeror believes that no OCCI exists, the OCCI response shall set forth sufficient details to support such
a position. Interested consultants shall submit with their proposal an OCCI certification using the
following language:
The interested consultant is not aware of any information bearing on the existence of any
potential organizational conflict of interest. If the interested consultant is aware of information
bearing on whether a potential conflict may exist, the interested consultant shall provide a
disclosure statement and mitigation plan describing this information
3. Project Purpose and Description:
The purpose of the project is through a collaborative effort involving stakeholders including but not limited
to tribal governments, fire districts, PUD’s, timber companies, businesses and community groups, to
prepare a County-wide CWPP that identifies and prioritizes areas for hazardous fuel reduction treatments
and recommends the types and methods of treatments to fulfil those goals . It shall also recommend
measures that homeowners and communities can take to reduce the ignitability of structures.
4. Project Scope-of-Work:
This project aims to enhance community resilience to wildfire through updated risk assessments,
comprehensive mapping and the creation of a clear, actionable CWPP which meets all federal and state
guidelines. At a minimum, it shall include the following steps:
A. Gathering Data from existing resources and relevant partners including fire history, GIS layers,
information on previous and planned fuels treatment and assessing the accuracy of existing
relevant documents and other information from the previous CWPP.
B. Conducting an initial assessment to develop a base map that identifies values at risk such as key
infrastructure, populated areas and other Highly Valued Resources and Assets (HVRA’s). It
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should also include any partnerships, programs and collaborations that support the safety, health,
prosperity and economic welfare of Mason County residents and businesses.
C. Conducting stakeholder interviews and/or focus groups with key leaders and constituencies such
as Board members, County staff, local government executives, business leaders and citizen’s
groups to assess fire risk and potential mitigating measures.
D. Conducting a more detailed assessment by examining the County at the fire district level using
fire modelling to determine risk and include the respective protection capabilities as well as
prioritizing those lands that can be used as fuel (risk) reduction areas. This step should also
include developing a public facing GIS web map.
E. Recommending mitigation measures and techniques communities can take to reduce the
ignitability of structures at risk.
F. Throughout the process, perform public outreach efforts to include:
• Conducting a steering committee kick-off meeting (with interested stakeholders) to confirm
the project goals and schedule additional steering committee meetings as needed
• Facilitate 2 community meetings to share project information with, and solicit public feedback
• Track and reconcile stakeholder input collected during meetings and incorporate into CWPP
when appropriate.
G. Upon completion of the project, providing a CWPP ready for the signature process that includes
the following deliverables:
• A review of existing wildfire related documents, fire history, GIS data, as well as past and
current fuels treatment efforts
• Updated maps to include fire behaviour, fuels models, planning areas, vulnerable populations,
high risk landscapes, results and figures from the HVRA assessment and a geodatabase and
supporting geospatial data that can be easily shared.
• Draft treatment recommendations (prioritized) based on feedback from the steering committee
and public meetings
• Documentation of the feedback and input collected from the review and revision process
• Draft recommendations for defensible space and home hardening measures and suggestions
for incorporating into code language
• Prior to submitting to the State, presenting the plan to the steering committee and Board of
Commissioners for their review and approval in advance of its eventual adoption and
implementation.
H. Obtains those signatures required from all relevant agencies to make the plan a valid document.
5. Proposal Timeline and Submission Criteria
Proposal Timeline
The following schedule shall be followed for the RFP process*
RFP Issued March 3, 2026
Final date for Questions Related to RFP April 1, 2026
Proposal Deadline April 10, 2026
Proposals Reviewed/Evaluated by Selection Committee April 17, 2026
In-person Applicant Interviews April 20-24, 2026
Selection Committee Recommendation and
Board Approval of Contract
April 24-May 5, 2026
Contract Executed May 6, 2026
*Exact dates are subject to change at the County’s discretion. All deadlines are 5:00 p.m. PST
of the stated date. Any interested individual may request to be on an email list to receive updates
on the RFP process, including addenda to the RFP if any are issued.
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Submittal Instructions
The written proposal shall be submitted in a sealed envelope clearly marked with “Proposal for
Community Wildfire Protection Plan” and the name of the firm submitting the proposal. An original
copy and digital PDF must be received by the County no later than 5:00 PM, PST on April 10,
2026, at the following address:
Mason County Administrator
411 N. 5th St
Shelton WA 98584
Proposals received after the deadline will not be accepted or considered. The selection
committee shall make a recommendation to the County Commissioners who will retain
contracting authority. Work may begin immediately following contract execution with the finalist.
6. Project Timeline:
The schedule below represents a suggested timeline for the process
Activity* May June July Aug Sept Oct Nov Dec Jan Feb
Data Gathering of Existing
Resources (A)
Assessment of HVRA’s, Existing
Partnerships/Programs (B)
Stakeholder Interviews (C)
Detailed Assessment, Fire
Modelling, GIS web map (D)
Mitigation Measure for Structural
Ignition (E)
Public Outreach (F)
CWPP Development with
Deliverables (G)
Local Adoption & Closeout
* Letters in activity boxes coincide with those in section 4’s Scope of Work
6. Costs/Budget:
Bidders shall provide a proposed budget including a fee schedule for each phase of the work as
identified in section 4 and a project total. Hourly rates shall also be provided for each staff person (and
title of) assigned to the project as well as other expenses such as printing, postage, advertising and
travel. Note-travel must be conducted in accordance with Washington State's policy and will be billable
at current rates.
If travel is required, the Consultant shall notify the County and obtain prior approval. Consultant shall
submit a cost estimate to the County for approval prior to conducting any travel. For approved travel,
direct travel costs will be reimbursed for actual costs incurred. Travel must be conducted in adherence
with Washington State’s policy and be billable at current rates.
7. Proposal Requirements:
Each offeror shall be responsible for preparing an effective, clear and concise proposal which includes
the following:
A. A cover letter introducing the company and individual who will be the primary contact person.
B. A proposed statement of work and how it will be accomplished. Describe in detail your firm’s
project approach and methodology in managing and implementing a project of this size and
scope and experience developing and supporting the implementation of a comprehensive
strategic plan. Key elements include:
• Project Understanding
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• Project Methodology and Deliverables
• Roles & Responsibilities
• Project Management
C. A statement that the consultant is registered to conduct business in Washington and perform
services in compliance with Commerce/HUD CDBG program requirements as well as 2 CFR
part 200 and other applicable federal, State and County circulars, laws, guidances and policies.
D. Specific qualifications regarding experience in community wildfire protection planning services
including the names of counties for which the CWPP’s have been developed. A sample of an
actual CWPP should be provided along with the proposal. A reference list should be attached to
the proposal, with client names, contact persons and phone numbers.
E. A detailed timeline for completion of each phase and the total project.
F. A description of the firm’s organization as well as the identification of key project staff, their
roles/responsibilities and qualifications.
G. A description of 2-3 projects of a similar scope, magnitude and complexity to the work described
in this solicitation.
H. A pricing narrative with a proposed fee schedule for each phase of the project and a project total
including any incidental or travel fee estimates.
I. The signature of an authorized individual to bind the firm. The proposal must be a firm offer valid
for a 60-day period.
The primary place of performance shall be at the Consultant’s facility which must be within a distance
from Mason County that allows in-person meetings without the need for overnight accommodations.
The Consultant shall use virtual meetings to the maximum extent possible to minimize cost. However,
the Consultant shall attend meetings and perform various tasks within Mason County when required
during the period of performance. Local travel expenses of Consultant’s personnel will not be the
responsibility of the County, including parking. County staff will provide space for meetings with
Consultant’s personnel and work with the Consultant to arrange meetings with parties involved in the
project.
9. Proposal Evaluation Criteria:
Each of the proposals received will be evaluated and determined if it meets the stated requirements.
Failure to meet these requirements will be cause for eliminating the consultant from further
consideration. Initial evaluation of the proposals will be made by the appropriate County Staff with
involvement by the Steering Committee. In addition to evaluating written proposals, in-person/virtual
interviews will be requested of selected finalists.
The County shall not be liable in any way for any costs incurred by any consultant in the preparation of
its proposal in response to this RFP or any losses or damages arising from the County’s rejection of
any proposal for any reason whatsoever.
Proposals shall be evaluated on the following criteria:
Technical Proposal – 35%
Project Approach/Methodology
Proposed Work Plan
20 Points (max)
15 Points (max)
35 Total Points
Management Proposal – 35%
Firm’s Relevant Experience
Qualifications/Experience of Proposal Key Staff
20 Points (max)
15 Points (max)
35 Total Points
Cost Proposal – 30% 30 Total Points
Total 100 Points
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11. Contact Information:
Randy Collins, Fire Marshal
Mason County Community Development Dept.
615 W. Alder Street
Shelton WA 98584
rcollins@maoncountywa.gov
360-427-9670 x309
Mason County Administrator
411 N 5th Street
Shelton, WA 98584
(360) 427-9670 ext. 419
Mason County Commissioner
Briefing Items from County Administrator
Support Services
February 23, 2026
Specific Items for Review
→ Memorial Hall Rental Policy – McKenzie Smith & Kelly Frazier
→ Motor Pool overview – Kelly Frazier
→ Grant updates – Tanessa Noll
→ Oath of Credit Card Inventory – Kathy Chaussee
→ Tyler Technologies ERP (MUNIS) Time & Attendance Module – Jennifer Beierle
→ January 2026 financial report – Jennifer Beierle
→ Renaming Purdy Creek Bridge to Senator Tim Sheldon Bridge – Travis Adams
→ Senate Bill 6239 – Travis Adams
Administrator Updates
Commissioner Discussion
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: McKenzie Smith & Kelly Frazier Ext: 589/519
Department: Support Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 2, 9, and 23 2026 Agenda Date(s): February 17, 2026
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item:
Updated Memorial Hall Rental Policy and Procedures
Background/Executive Summary:
Changes are centered around only exempting veteran-related organizations from fees for facility use and
removing the charge for the use of the kitchen since it is not a commercial kitchen. The Veterans’
Advisory Board (VAB) also suggested limiting rental to Mason County residents/groups only,
grandfathering in groups that already meet at Memorial Hall for meetings only (such as Rotary and NA)
but other events would have a charge, and, if not charging fees to non-profits, requiring an EIN to
verify non-profit status.
Commissioner suggestions of charging 501(c)3 organizations at a reduced rate and outside of County
individuals and organizations a doubled rate have been included. County and Veteran organizations
will take precedence.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Discussion and approval of the updated Memorial Hall Rental Policy and Procedures.
Attachment(s):
Policy and Procedures
Facility Use Agreement
Mason County Commissioner’s Office
Memorial Hall
Rental Policy and Procedures
1. Reservations and Payment Procedures
a. Reservations will be accepted on a first-come, first-serve written application basis only using the
Facility Use Agreement form. Electronic and Telephone telephone inquiries are welcome. For
more information, please call (360) 427-9670 ext. 419.
b. Reservations are suggested requested to be made a minimum of thirty (30) days in advance.
Confirmation of rental will take place with the receipt of a $50.00 non-refundable advance deposit
that will be applied to the rental fee.
c. Before final approval of the rental application, the applicant shall furnish to the County evidence
that they have in full force and effect a general liability policy with Mason County as an additional
insured as indicated on the Facility Use Agreement. This insurance may be obtained through the
individual’s own insurance agent. Please inquire with your insurance agent that ‘Event Insurance’
is available through your renters/homeowner’s policy prior to submitting your rental application.
d. Payment procedures:
i. The rental fee must be paid in full ten (10) days prior to the event. If payment is not received
within the time limit, your reservation may be subject to cancellation. If a reservation is made
within ten (10) days of the event, confirmation of rental will take place with receipt of the rental
fee paid in full to include a $50.00 non-refundable advance rental deposit.
ApplicantsApplicants’ $50.00 non-refundable deposit will go towards their rental balance.
Please make checks payable to Mason County. Payments must be made at the Commissioner’s
Office, located at 411 North 5th Street, Shelton.
ii. A refundable damage/cleaning deposit of $300.00 will be charged for some events and is due
with the rental fee, payable with a separate check ten (10) days prior to the event. To ensure
the return of the damage/cleaning deposit, please clean the facility before you leave. If there
is no damage and the facility is clean, the deposit will be returned to you within thirty (30) days
after the scheduled event.
iii. Cancellations can be made two (2) weeks prior to the event and must be in writing.
Cancellations made after that time will result in twenty-five percent (25%) of the rental fee
being retained or the $50.00 non-refundable deposit retained, whichever is less.
Damage/cleaning deposits will be refunded in full if the facility is left clean.
iv. Rental hours are consecutive and must include time for delivery of supplies, set up, take down,
and clean up.
v. The applicant must be at least 21 years of age, must have a valid state issued identification, and
must be present during the event. The individual signing the rental agreement will be
considered the responsible party in case of damage, theft, or any other disturbance during the
rental event.
e. County and Veteran organizations established community groups (for example: Rotary, Kiwanis)
and 501(c)3 non-profit organizations are exempt from the payment of fees and deposits unless
otherwise assessed and take precedence over other groups and rentals. 501(c)3 organizations shall
be verified.
f. This policy and procedure are targeted towards, but is not limited to, all events and meetings that
are not veteran related events such as wedding receptions, family reunions, family parties, birthday
events, political gatherings, and similar activities, events that have the potential to attract large
numbers of participants, and events where food and/or alcohol may be served or allowed.
2. Rate Information
The following rates will be charged for rental of Memorial Hall:
0-2 hours 2-4 hours 4-6 hours 6-8 hours
$80.00 $155.00 $235.00 $310.00
0-2 hours 2-4 hours 4-6 hours 6-8 hours
501(c)3
Organizations $40.00 $77.50 $117.50 $155.00
Mason County
residents $80.00 $155.00 $235.00 $310.00
Outside of
County Residents $160.00 $310.00 $470.00 $620.00
- $300.00 damage/cleaning deposit for specified events.
- $100.00 additional charge for any event serving or allowing alcohol.
- $50.00 additional charge for use of kitchen (any food preparation or service).
The tables and chairs at Memorial Hall are the sole property of the American Legion and Veterans of
Foreign Wars posts. Any damage to the tables and/or chairs will be reimbursable to the American
Legion and VFW. Damaged tables will be valued at $125.00 per table and damaged chairs will be
valued at $40.00 per chair.
3. General Rules
a. Use of rice, birdseed, confetti, or like materials inside or outside of the facility is prohibited.
b. Decorations may only be attached to walls, windows, ceilings, or other surfaces with painters (blue)
masking tape or similar non-marring material.
c. Any use of flammable materials, such as candles, is regulated by the Shelton Fire Department.
Renters are limited to three (3) candles per table. Candles must be placed on a non-combustible
surface. Candles used in a center piece surrounded by combustible materials must be contained in
a votive or similar container. Food warming appliances must be used in accordance with the
manufacturer's recommendations. Sterno is acceptable.
Formatted: Centered
Formatted: Centered
Formatted: Centered
Formatted: Centered
d. Use of illegal drugs, smoking, vaping, and/or gambling are not permitted in or on Memorial Hall
grounds.
e. Only those areas specified on the agreement will be available for use by the renting party.
f. Alcoholic beverages are allowed inside Memorial Hall if the following requirements are met:
i. A Washington State Special Occasion Liquor License or Banquet Permit is obtained and
displayed in the room for the entirety of the event. A copy of the license or permit must
accompany the rental payment. Application forms are available through the Washington State
Liquor and Cannabis Board. Interested parties must check online for information at
https://lcb.wa.gov/.
ii. A Banquet Permit is needed for all private functions where liquor is served and for business or
social organization functions where alcohol is served at no charge and/or brought in by its
members. The function cannot be open to the general public. No alcohol may be sold under a
Banquet Permit.
iii. Non-profit organizations planning to sell alcohol for profit must obtain a Special Occasion
Liquor License.
iv. All alcohol service must end no later than 9:00 p.m. No alcohol will be allowed to be dispensed
after this time. Failure to do so will result in closure of Memorial Hall and forfeiture of the
damage/cleaning deposit.
v. All persons being served alcohol and/or consuming alcohol must be 21 years of age or older.
g. All minors on the premises must have adequate adult supervision.
h. Renters are welcome to use kitchen appliances if the additional kitchen fee has been paid.
Silverware, dishes, towels, glasses, and other kitchen supplies are not available.
i. Mason County cannot be responsible for accidents, injury, or loss of property.
4. Set Up and Clean Up
a. All items brought into Memorial Hall by renters must be removed by the end of the rental period.
Applicants are asked to remove food, materials, equipment, furnishings, decorations, and/or
garbage left after use of the facility. The renter is responsible for cleaning floors, tables, and
kitchen. This includes sweeping, vacuuming, mopping, and wiping down surfaces. The facility
must be returned to the same or better condition.
b. All trash must be taken with the renter after the event.
c. In signing the Facility Use Agreement, the renter agrees to pay the cost of any cleaning or damage
to Memorial Hall during their event.
5. Facility Information
Memorial Hall has one (1) main area available for rent. There is 1,600 square feet of space available
consisting of a large, hardwood floor area with a seating capacity of 200.
The facility may be available for rent on:
Weekdays 5:00 p.m. – 10:00 p.m.
Weekends 9:00 a.m. – 10:00 p.m.
Parking spaces are available on adjacent City streets.
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SPECIAL EVENT FACILITY USE AGREEMENT
Date:
Facility Location/Area Requested:
Applicant/Sponsoring Organization:
Name
Address
City State Zip Code
Contact Person Telephone Number
Purpose of Event:
Activities (Be Specific)
Dates: Time: to
Anticipated Attendance:
General Public: ☐ Yes ☐ No Alcohol on Premises? ☐ Yes ☐ No Will you be using a caterer?
☐Yes ☐ No If so, Caterer Name:
Will you be using a Bounce House? ☐ Yes ☐ No
Security: ☐ Yes ☐ No
Admission Charges: ☐ Yes ☐ No Fundraiser: ☐ Yes ☐ No
Special Requests:
FEES - CHECK ALL THAT APPLY
$50 Non-Refundable Reservation Fee $80 0 - 2 Hour Rental $155 2 - 4 Hour Rental
$235 4 - 6 Hour Rental $310 6 - 8 Hour Rental $300 Damage/Cleaning Deposit
$100 Serving Alcohol
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TERMS &
CONDITIONS
DAMAGE TO FACILITY OR EQUIPMENT
The Applicant shall be responsible for any damage or loss to equipment or property. Any person, group,
or Applicant causing damage, loss, or extensive cleanup, shall be required to pay any associated costs.
The premises and facilities used must be restored to the condition in which found.
DAMAGE AND CLEANING
Actual labor costs for cleanup, replacement, or repair costs for equipment, furnishings or property shall
be assessed and Mason County shall seek restitution from the Applicant.
INSURANCE REQUIREMENTS
The Applicant shall procure and maintain all insurance as required herein and comply with all limits, terms
and conditions stipulated therein, at their expense, for the duration of the event. Facilities useUse of
facilities shall not commence until evidence of all required insurance is provided and approved by the
Mason County Risk Manager. Upon request, the Applicant shall forward to the County the original policy,
or endorsement obtained, to the Applicant’s policy currently in force. The Applicant’s insurer shall have
a minimum A.M. Best’s rating of A-VII and shall be licensed to do business in the State of Washington.
Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance, signed by the
insurance agent for the Applicant and returned to Mason County Risk Management. The insurance policy
will not be cancelled, materially changed, or altered without thirty (30) days’ prior notice submitted to
Mason County Risk Management. The policy shall be endorsed, and the certificate shall reflect that the
insurance afforded therein shall be primary insurance, any insurance or self-insurance carried by the
County shall be excess and not contributory insurance to that provided by the Applicant and the certificate
shall reflect that theMason County is named as an additional named insured on the Applicant’s general
liability policy with respect to the activities of the event. Failure of the Applicant to fully comply with the
insurance requirements set forth herein, during the term of the Agreement, shall be considered a material
breach and cause for immediate termination of the event at the County's discretion. Providing coverage in
the amounts listed shall not be construed to relieve the Applicant from liability in excess of such amounts.
REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below:
1.
GENERAL LIABILITY INSURANCE: The Applicant shall have General Liability with limits of
$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, which
includes products, completed operation, personal injury, fire damage and medical expenses.
ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that Mason County,
it’s officers, agents, officials, volunteers, and employees will be specifically named as an additional
insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected
by this policy from all claims.
CONDUCT OF PERSONS
The Applicant shall be responsible for the orderly conduct of all persons using the premises by its invitation,
whether expressed or implied, during all times covered by the facility use agreement issued by the Director
of Parks and Recreation.
DEFENSE AND INDEMNIFICATION
To the fullest extent permitted by law, the Applicant agrees to indemnify, defend and hold the 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 Applicant,
its employees, agents, or volunteers or Applicant’s subcontractors and their employees, agents, or
3
volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance
of this Agreement; or 3) are based upon the Applicant’s or its subcontractors’ use of, presence upon or
proximity to the property of the County. This indemnification obligation of the Applicant shall not apply
in the limited circumstance where the claim, damage, loss, or expense is caused by the sole negligence of
the County. This indemnification obligation of the Applicant 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 Applicant hereby expressly
waives any immunity afforded by such acts. The foregoing indemnification obligations of the Applicant
are a material inducement to County to enter into this Agreement, are reflected in the Applicant’s
compensation, and have been mutually negotiated by the parties.
Applicant’s initials acknowledging indemnity terms:
Participation by County – No Waiver. The 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 Applicant’s indemnity obligations under this Agreement.
Survival of Applicant’s Indemnity Obligations. The Applicant agrees all Applicant’s indemnity
obligations shall survive the completion, expiration or termination of this Agreement.
I have read the Mason County Rules and Regulations for the Use of Mason County facilities and premises,
and know the contents thereof. By signing this document, I personally, or on behalf of the organization I am
authorized to represent, bind the organization or myself to the terms and conditions set forth therein.
Applicant: County:
Print Name Risk Manager Approved – Insurance
Signature Facilities Manager
Named Insured (if different):
Print Name
Signature
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Tanessa Noll Ext: 595
Department: Central Services Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 02/23/2026 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item:
Grant updates
Background/Executive Summary:
Several grants are currently in progress across County departments. As grant activity increases, staff is
seeking to ensure consistent, timely communication with the Board regarding grant development and
status updates.
Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Provide direction on additional grant needs or priorities for 2026.
Attachment(s):
Grant Update Feb 2026
*2026 grant applications as of 2/12/2026
Program/
Department
Project
Lead Due Date Funder/Program Requested
Amount
Funding
Need
Awarded?
Y/N Notes
Parks MC/EDC 1/27/2026 Commerce/Community
Capital Facilities, Parks $1,000,000 Mason Lake
Campground Online submission
Clerk Charles
Rhodes 2/10/2026 NCHIP/WSP $97,878
Digitize
crime-related
court records
Submitted request to WSP
to add to their federal
application
Public
Works
Loretta
Swanson 4/15/2026
WA DOT
Pedestrian/Bicyclist
Program
$1,774,685 Arcadia
Southside School project
to improve school
area/zone.
Public
Works
Loretta
Swanson 4/15/2026 WA DOT Safe Routes to
School $1,116,040 Collier
This path would be from
the city to Collier, 5-6 feet
paved shoulders, extend to
Lynch. Currently, there is a
substandard road and
drainage.
4/30/2026
RCO-Aquatic Lands
Enhancement Account;
and Recreation
Projects-WA Wildlife &
Recreation
TBD Mason Lake
Campground
Parks John Taylor 4/30/2026 RCO-Boating Facilities
Program TBD Latimer's
Landing
Public
Works
Loretta
Swanson ongoing WRIA 14 Salmon
Recovery TBD Culvert
replacement
Helped draft 6 LOIs for
PSAR. Working on
presentations for 2
projects; general support
for salmon recovery funds
OATH OF CREDIT CARD INVENTORY
As required by RCW 43.09.2855 and in compliance with Mason County Resolution 10.18, we, the Commissioners of Mason County, do solemnly swear
that this is the full and complete inventory, of all credit cards with US Bank for Mason County as of February 23, 2026. Per Mason County Resolution
2023-19, the County Administrator has the authority to sign this document on our behalf.
DEPARTMENT
BUDGET DEPARTMENT# (S)
Limit Expires
Assessor
001-020-000
2,000.00
10/1/2027
Auditors
001-030-000
7,000.00
10/1/2027
Auditors
001-030-000
7,000.00
7/1/2027
Clerks
001-070-000
5,000.00
10/1/2027
Clerks
001-070-000
2,000.00
3/1/2030
Commissioners
001-090-000
2,000.00
10/1/2027
Human Resources
001-090-000
10,000.00
10/1/2027
Commissioners
001-090-000
10,000.00
10/1/2027
Mason County - IT
001-090-000
10,000.00
10/1/2027
Commissioners
001-080-000
2,000.00
10/1/2027
Coroners
001-190-000
6,000.00
10/1/2026
DCD
001-125-000
2,000.00
10/1/2027
District Court
001-100-000
4,000.00
10/1/2027
District Court
001-100-000
4,000.00
1/1/2027
Emergency Management
105-000-120
20,000.00
10/1/2027
Health Department
150-000-000
20,000.00
10/1/2027
Health Department
150-000-000
10,000.00
1/1/2027
Juvenile Probation
170-000-000
10,000.00
1/1/2028
171-000-000
172-000-000
Prosecutor
001-180-000
10,000.00
4/1/2028
Facilities
001-055-000
10,000.00
10/1/2026
Parks
001-146-000
4,000.00
10/1/2027
Public Defense
001-240-000
3,000.00
3/1/2030
Mason County ER&R
501-000-000
20,000.00
9/1/2029
Public Works
105-000-000
10,000.00
10/1/2027
Public Works
105-000-000
10,000.00
10/1/2027
Public Works
105-000-000
500.00
3/1/2027
Sheriff
001-205-000
10,000.00
10/1/2027
Sheriff
001-205-000
20,000.00
10/1/2027
Sheriff
001-205-000
10,000.00
10/1/2027
Sheriff- Boating
141-000-000
5,000.00
6/1/2026
Sheriff- Boating
141-000-000
5,000.00
3/1/2027
Sheriff- N&S Precincts
001-205-000
2,000.00
3/1/2027
Superior Court
250-000-000
10,000.00
9/1/2027
Treasurers
180-000-000
10,000.00
10/1/2027
Utilities
402-000-000
5,000.00
10/1/2026
403-100-020
406-000-000
411-100-000
411-200-000
412-000-000
480-000-000
WSU
001-010-000
2,500.00
1/1/2027
2026 Oath of Credit Card Inventory with US Bank
Subscribed and sworn this day of 2026
MASON COUNTY ADMINISTRATOR
Travis Adams
J:\Credit Card\2026 Annual Oath of Credit Card Inventory\02 23 2026 OATH OF CREDIT CARD INVENTORY
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Jennifer Beierle and MCSO Ext: 532
Department: Support Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): Click or tap here to enter text.
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☒ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item:
Tyler Technologies ERP (MUNIS) Time & Attendance Module (formerly named ExecuTime)
Background/Executive Summary:
Mason County currently relies heavily on Microsoft Excel–based timesheets across most departments.
While functional, this manual approach creates risks related to payroll accuracy, compliance, auditing,
and administrative workload.
The Tyler ERP Time & Attendance Module offers an integrated, automated system designed specifically
for local governments. Implementing this module would modernize workforce management, reduce
errors, strengthen compliance, and improve operational efficiency while providing real-time visibility into
labor costs.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
The total for 2026 is $64,361. This includes a one-time implementation fee of $35,340 and recurring
annual fees of $29,021. This could be paid from the General Fund, or more preferably, the Information
Technology Fund since all funds and departments can benefit from the module.
Public Outreach:
N/A.
Requested Action:
Approval to purchase the Time & Attendance Module from Tyler Technologies out of the Information
Technology Fund, and approval of a budget amendment for the purchase.
Attachment(s):
• Time & Attendance Module quote
2026-593771-P9X0Y1 CONFIDENTIAL Page 1
Quoted By:Christina Young
Quote Expiration:08/10/26
Quote Name:Mason County-ERP-ExecuTime
TA/AS
Saas Term 1.00
Sales Quotation For:Shipping Address:
MASON COUNTY, WA Mason County
ATTN; JENNIFER BEIERLE
411 N 5TH ST 411 N 5th St
SHELTON WA 98584-3466 Shelton WA 98584
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 100 Employees 1 56 $ 9,353.00
Time & Attendance w Mobile Access - Up to 500 Employees 1 144 $ 19,668.00
TOTAL 200 $ 29,021.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
Project Management 28 $ 155.00 $ 0.00 $ 4,340.00 $ 0.00
Remote Implementation 200 $ 155.00 $ 0.00 $ 31,000.00 $ 0.00
TOTAL $ 35,340.00 $ 0.00
2026-593771-P9X0Y1 CONFIDENTIAL Page 2
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 29,021.00
Total Tyler Services $ 35,340.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00
Summary Total $ 35,340.00 $ 29,021.00
Client’s purchase of the items listed above is subject to the Comments below
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall
conform to the following terms:
•License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such
software available for download by the Client;
•Fees for hardware are invoiced upon delivery;
2026-593771-P9X0Y1 CONFIDENTIAL Page 3
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware;
•Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available
for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting,
and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually
thereafter in accord with the Agreement.
•Fees for services included in this sales quotation shall be invoiced as indicated below.
•Implementation and other professional services fees shall be invoiced as delivered.
•Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module,
and 50% upon delivery of custom desktop procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client
acceptance to load the converted data into Live/Production environment, by conversion module.
•Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt,
where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately
following initiation of project planning.
•If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
•Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for
migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration
schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any
Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation,
annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If
listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual
service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the
Agreement.
•Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement,
and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these
factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or
services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business
Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are
responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
2026-593771-P9X0Y1 CONFIDENTIAL Page 4
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by
Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or
more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a
Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of
project plan task statuses, and go-live planning activities.
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: Central Services Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): 2/23/25 Agenda Date(s): N/A
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Purdy Creek Bridge Rename Notice of Hearing
Background/Executive Summary:
Set Public Hearing will be to take public comment on the petition to rename the “Purdy Creek
Bridge” to the name "Senator Tim Sheldon Bridge”.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
Publish to the Mason County Website
Publish to the Shelton Journal
Requested Action:
Set Public Hearing will be to take public comment on the petition to rename the “Purdy Creek
Bridge” to the name "Senator Tim Sheldon Bridge”.
Attachment(s):
Purdy Creek Bridge Rename Notice of Hearing
South Mason Fire & Rescue Resolution Submission
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton,
WA 98584 on March 17th 2026 at 9:15 AM.
SAID HEARING will be to take public comment on the petition to rename the “Purdy
Creek Bridge” to the name "Senator Tim Sheldon Bridge”.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand”
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA
98584; or call (360) 427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office, (360) 427-
9670 ext. 419.
DATED this 23rd day of February, 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
__________________________________
McKenzie Smith, Clerk of the Board
Bill: Commissioners
411 N 5th St.
Shelton, WA 98584
Cc: Commissioners
Shelton Journal: Publ. 2t: 2/26/2026 & 3/5/2026
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Travis Adams Ext: 530
Department: County Administrator Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item:
Letter of Support for Senate Bill 6239
Background/Executive Summary:
Chuck Boyd, Executive Director for the Washington Counties Risk Pool (WCRP), reached out requesting
support from County Commissioners for Senate Bill SB 6239. The original bill required arbitration for
tort claims against the state of Washington and its subdivisions. The revised for engrossed bill establishes
a process for adjudicating tort claims against the state of Washington and its political subdivisions. SB
6239 aims to create a Claims Commission within the Office of Administrative Hearings for certain tort
claims. The Claims Commission would resolve disputes quicker, reducing legal fees for all parties, and
allowing injured individuals to receive compensation sooner easing the strain on the judicial system.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Approval of the letter of support for Senate Bill 6239 establishing a process for adjudicating tort claims
against the state of Washington and its political subdivisions.
Attachment(s):
E-Mail
Letter
From:Chuck Boyd
To:Adiel McKnight; Alisa Grumbles; Amanda Bennett ; Amanda Pearson; Amber Erps; Amy Davis; Ana Arroyo;
Anabel Torres; Carlye Baity; Carolyn Gallaway; Cathy Halka; Crystal Zieske; Diane Harris; Ginna Vasquez;
Jennifer Roll; Jill Munns; Julie Kjorsvik; Julie Lawrence; Katie Williams; Kelly Grayson; Lalena Johns; Layla
Tromble; Lee-Ann Burgin; Linda Hammons; Loni Gores; Mandy Buchholz; Marilu Flores; McKenzie Smith; Megan
Read; Mindy Young; Patricia Phillips; Rieva Lester; Rose O"Keefe; Sally Rogers; Teresa Alvarez; Wendy Chatham
Cc:Kevin Overbay (Chelan)
Subject:WCRP Legislative Steering Committee (LSC) - Op-Ed/Letter to the Editor
Date:Tuesday, February 17, 2026 10:43:48 AM
Attachments:Letter to the Editor.pdf
Hello Clerks of the Board,
I am writing on behalf of the WCRP LSC to share the attached letter seeking support from
County Commissioners who are willing to sign their name to this letter. The WCRP LSC
has been working hard during this short legislative session and things are moving
quickly. We are in support of Senate Bill SB 6239 and have already expressed our
support to the Senate.
The Senate has until the end of the day today to pass SB 6239 and move it forward to the
House of Representatives. If that happens, we would like to send out the attached letter
with signatures urging the House of Representatives to pass the bill, but we will push for
changes to expand the scope of the newly created claims commission.
Please share this email and letter with your Commissioners today, if possible. If they are
willing to sign their name to the letter, please let me know and provide an electronic
signature block with signature to add to the letter.
If you or any of your Commissioners have any questions, please feel free to reach out to
me or our LSC Chair & Chelan County Commissioner Kevin Overbay to discuss this
further.
Thank you all in advance for your assistance with this matter in a very short time frame.
Chuck
Chuck Boyd
Executive Director
Washington Counties Risk Pool
Office (360) 292-4500
Direct Line (360) 292-4495
Mobile (360) 688-6311
Disclaimer: Pursuant to the Washington State Public Records Act (RCW 42.56), this e-mail may be considered subject
to disclosure to a third-party requestor, or may otherwise be protected as attorney/client or work product. If you
believe you have received this message in error, please respond accordingly.
February 17, 2026
Placeholder for name of publication.
Dear Editor,
As county commissioners representing communities across Washington state, we write in strong support
of Senate Bill 6239 and its aim to create a claims commission within the office of administrative hearings
for certain tort claims against the state and its subdivisions, including counties. The bill rightly recognizes
that our courts are overburdened, with growing caseloads and rising litigation costs draining public
resources that could otherwise fund essential services like roads, public safety, mental health programs,
and support for vulnerable residents. We applaud the legislation's intent to provide faster, less adversarial
paths to resolution in claims against governmental entities.
The claims commission can deliver justice more efficiently by resolving disputes quicker, reducing legal
fees for all parties, and allowing injured individuals to receive compensation sooner rather than after years
of protracted court battles. By easing the strain on our judicial system, judges and court staff will be able
to focus on the most complex cases and pressing matters that truly require full trial proceedings.
While this legislation is a great first step and we strongly support SB 6239, we urge the House of
Representatives to allow a broader set of claims facing our counties to be heard before the claims
commission.
Washingtonians deserve a civil justice system that is both fair and fiscally responsible. SB 6239 takes an
important step in that direction. We respectfully call on the House of Representatives to pass this bill
creating a claims commission and broaden the scope of the commission to hear all claims against
counties.
Our communities—and the people we serve—will benefit from a system that prioritizes timely justice,
cost efficiency, and accountability.
Sincerely,
[Name], County Commissioner, [County Name]
[Name], County Commissioner, [County Name]
[Name], County Commissioner, [County Name]
And additional undersigned county commissioners from across Washington state
MASON COUNTY
BOARD
OF
COMMISSIONERS
1ST District
RANDY NEATHERLIN
2nd District
PAT TARZWELL
3rd District
SHARON TRASK
Mason County Building 1
411 North Fifth Street
Shelton, WA 98584-3400
(360) 427-9670 ext. 419
Fax (360) 427-8437
March 3, 2026
TO
ADDRESS
CITY ZIP
ETC.
Re: Support of Senate Bill 6239
Dear INDIVIDUAL,
As County Commissioners representing the diverse communities of Mason County, we write in
strong support of Senate Bill SB 6239 and its aim to create a Claims Commission within the Office
of Administrative Hearings for certain tort claims against the state and its subdivisions, including
Counties.
In Mason County, we feel acutely the impact of an overburdened court system. Rising caseloads and
escalating litigation costs place significant strain on limited local resources. Dollars spent on
prolonged legal disputes are dollars not available for maintaining rural roadways, supporting public
safety and behavioral health services, improving access to care for vulnerable residents, and so much
more. SB 6239 appropriately recognizes these pressures and offers a more efficient, less adversarial
approach to resolving claims against governmental entities.
A Claims Commission has the potential to deliver timelier and more accessible justice by resolving
disputes faster, reducing legal expenses for both claimants and local governments, and allowing
injured individuals to receive compensation without years of costly and protracted litigation. For
counties like Mason County, where staffing and budgets are already stretched thin, this efficiency
matters. By relieving pressure on the courts, judges and court staff can focus their time and expertise
on the most complex cases that truly require full trial proceedings.
While we strongly support SB 6239 as an important first step, we respectfully urge the House of
Representatives to consider allowing a broader range of claims faced by counties to be heard before
the Claims Commission. Expanding the scope would further enhance the bill’s effectiveness and
provide meaningful relief to counties striving to be good stewards of public funds.
Washingtonians – particularly those in rural counties – deserve a civil justice system that is fair,
efficient, and fiscally responsible. SB 6239 moves us in that direction. We respectfully call on the
House of Representatives to pass this legislation creating a Claims Commission and to broaden its
authority to hear all claims against counties.
Our Counties – and the people we serve – will benefit from a system that prioritizes timely justice,
cost efficiency, and public accountability.
Sincerely,
Pat Tarzwell, Randy Neatherlin, Sharon Trask,
Chair Vice-Chair Commissioner
Action Items:
• 2026 Salmon Recovery and Puget Sound Acquisition and Restoration Grant Application.
• WSDOT Safe Routes to Schools and Bicycle & Pedestrian grant applications.
• County Road Project (CRP) No. 2074 Highland Road STP project for 2027.
• Private Line Occupancy Permit for Robert Oldright for residential septic transportation line at 9091
NE North Shore Road.
• Set hearing for March 31st at 9:15am to consider a Franchise Agreement with Forged Fiber 37, LLC
(AT&T) allowing them to construct, operate, and maintain their fiber optic telecommunication
system in Mason County rights-of-way.
• Lease Agreement extension with Victor Improvement Club for the purpose of operating and
maintaining a sewer pump station, which is part of the North Bay Water Reclamation Facility
collection system.
Discussion Items:
• SWAC Reappointments: Chad White and Lisa Links.
• SWAC New Appointment: Dan Donnell
Commissioner Follow-Up Items:
Upcoming Items:
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
February 23, 2026
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mike Collins, PLS, PE, County Engineer Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: 2026 Salmon Recovery and Puget Sound Acquisition and Restoration Grant Application
Background/Executive Summary:
Recreation and Conservation Office (RCO) is accepting applications for Puget Sound Acquisition and
Restoration (PSAR) grant round. Public Works seeks to apply for Restoration grant funds for construction of
fish barrier culvert replacements at Lynch Road MP 3.92 and Lower Uncle John on Agate Loop Road. These
projects would be applied for separately.
Grants are estimated to be awarded in September 2026.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
See attached Project Funding breakdown. The combined total project cost for both projects is estimated to be
$3,903,000, for permitting, construction/materials and construction management.
Public Outreach:
The priority barrier removal projects were developed by Public Works and vetted by the WRIA 14 Lead
Entity.
Requested Action:
Recommend the Board of Mason County Commissioners authorize the submittal of the Fish Barrier
Removal Board Grant Program applications for culvert replacement at Lynch Road MP 3.92 and Lower
Uncle John on Agate Loop Road, authorize the County Engineer and/or Chair to sign all pertinent
document(s), and the County Engineer to advertise, set bid dates/times, award contract(s) as needed for the
projects.
Attachment(s):
1. Grant Application Notice
2. Vicinity Maps
3. Project Funding Breakdown
Project Estimated Project Cost
CRP 2072 Lynch Road MP 3.92 1,841,500.00$
CRP 2023 Lower Uncle John (Agate Loop Road MP 0.65) 2,061,500.00$
Total:3,903,000.00$
Salmon Recovery and Puget Sound Acquisition and Restoration (PSAR)
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mike Collins, PLS, PE, County Engineer Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Safe Routes to Schools Grant Application and Bicycle & Pedestrian Grant Application
Background/Executive Summary:
Washington State Department of Transportation (WSDOT) is accepting applications for both Safe Routes to
Schools Program and Pedestrian and Bike Program. Public Works seeks to apply for both grant funds for
construction. Arcadia Road would include widening shoulders to create a pedestrian/bike lane on both sides
of existing roadway. Collier Road would include roadway reconstruction.
Grants are estimated to be awarded in 2027 calendar year.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
See attached Project Funding breakdown. The combined total project cost for both programs is estimated to
be $2,891,000.00 for permitting, construction and construction management. Mason County’s 13.5%
combined total match is estimated to be $390,285.00.
Public Outreach:
The projects were developed by Public Works staff.
Requested Action:
Recommend the Board of Mason County Commissioners authorize the submittal of Safe Routes to Schools
Program application for Collier Road, and authorize submittal of Pedestrian and Bike Program application
for Arcadia Road, authorize the County Engineer and/or Chair to sign all pertinent document(s), and the
County Engineer to advertise, set bid dates/times, award contract(s) as needed for the projects.
Attachment(s):
1. Grant Application Notices
2. Vicinity Maps
3. Project Funding Breakdown
Funding Source Project Estimated Project Cost Mason County Match (13.5%)
WSDOT Pedestrian & Bicycle Arcadia Road MP 1.81 to MP 7.04 1,775,000.00$ 239,625.00$
WSDOT Safe Routes to Schools Collier Road MP 0.00 to MP 0.15 1,116,000.00$ 150,660.00$
Total:2,891,000.00$ 390,285.00$
Funding Breakdown
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Michael Collins Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(This is the responsibility of the requesting Department)
Item: County Road Project (CRP) 2074 Highland Road Improvement Project
Background/Executive Summary:
County Road Project (CRP) 2074 is a road improvement project on Highland Road from
milepost 4.62 to milepost 7.92, that will consist of resurfacing the existing roadway and
shoulders, roadway striping and any other necessary safety improvements.
Budget Impact (amount, funding source, budget amendment, etc.):
Funds will be County Road Fund and 2027 WSDOT Surface Transportation Block Grant Funds.
The preliminary estimated cost of the project is $1,384,600.
Public Outreach:
The resolution will be published in Shelton Journal.
Requested Action:
Request Board execute a resolution for County Road Project No. 2074, Highland Road
Improvement Project, authorize the Public Works County Engineer to advertise, set bid
dates/times, award contract and County Engineer and/or the Chair to sign all pertinent
documents.
Attachment(s):
1. Resolution
2. Project Location Map
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
COUNTY ROAD PROJECT NO. 2074
WHEREAS, on Mason County Road No. 04450, known locally as the Highland Road and
more specifically located in Sec. 15, 10, 3, and 2, T. 19N, R 5W, and Sec. 35, T. 20N, R 5W, WM at
approximately mile post 4.62 to mile post 7.92; work defined as “construction” in the BARS Manual,
Page II-63, et seq, is determined to be necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Roadway Improvement Project: asphalt overlay, shoulder improvements, and roadway striping.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW
36.77.020 and/or RCW 36.77.065 and WAC 136-18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ -10,000-
Right of Way $ -0-
Construction $ 1,374,600
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2026.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Pat Tarzwell, Chair
ATTEST:
______________________________________
_________________________________ Randy Neatherlin, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Sharon Trask, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch. DPA
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 03/12/2026
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mike Collins, P.E., Deputy Director/County
Engineer Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Private Line Occupancy Permit
Background/Executive Summary:
Robert Oldright has applied for a Private Line Occupancy Permit for a residential septic transport line
underneath North Shore Road. This line is to serve the drain field across the street from his property,
located at 9091 NE North Shore Road (parcel number 22218-34-00020).
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
No budget impacts. An application fee of $200 has been paid to process the proposed Private Line
Occupancy Permit.
Public Outreach:
N/A
Requested Action:
Recommend the Board approve the Private Line Occupancy Permit granting permission to run the septic
transport line to cross under North Shore Road for address 9091 NE North Shore Road, parcel number
22218-34-00020.
Attachments:
1. PLO (Page A-4, Area Map)
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IN THE MATTER OF THE APPLICATION OF Robert L. Oldright, FOR A PRIVATE
LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN
Septic Transport Line ALONG AND UNDER, North Shore Road
A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON
Application of Robert L. Oldright with principal residence located at 9091 NE North Shore
Road, by and through Robert L. Oldright, for a private line utility occupancy permit to
construct, operate and maintain a private waterline under county roads and highways in Mason
County, Washington, as set forth in attached Exhibit “A”, having come before the County
Commissioners of Mason County, Washington during a regularly scheduled public meeting, on
the ____day of , 20 , and that it is in the public interest to allow the private
line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the “Permittee”, for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the
County Engineer (the “Manual”), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated, re-enacted or re-codified from time to time.
II. GRANT
The County of Mason (hereafter the “County”) hereby grants to the Permittee a non-exclusive
private line utility occupancy permit (hereinafter “Permit”) which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the
following described purpose(s): installing a septic transmission line under North Shore
Road which dissects tax parcel 22218-34-00020.
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Such grant is subject to and must be exercised in strict accordance with and subject to this
Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. Permittee’s exercise of any rights granted pursuant to the Permit
is subject to the exercise of the County’s police powers, and other regulatory powers as it may
have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit
does not include permission to enter into or upon the road rights-of-way for any purposes others
than the purposes expressly described herein. Permittee has a duty to notify the County of any
change in use or condition of the utility facilities that may affect the status of the utility facilities
as (a) private line(s) or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-
way (hereafter collectively or individually the “Work”), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the
protection, preservation and management of the road rights-of-way, including, by way of
example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration
of such road rights-of-way and structures, and for the protection of the County and the public
and the continuity of pedestrian and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale, hereinafter collectively
referred to as the “map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly
those located underground or attached to bridges or other structures within the road right-of-
way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property, the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before
the Work was commenced, to the reasonable satisfaction of the County Engineer. The
Permittee shall pay all costs of and expenses incurred in the examination, inspection and
approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done
any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the Permittee or its agents in a condition
dangerous to life or property, and the Permittee, upon demand, shall pay to the County all costs
of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that, with regard to Work within the road rights-of-
way:
A. All of Permittee’s utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws, rules, regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
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exhibit depicting the existing or proposed location of the utility facility in relation to the road,
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including
the proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance
of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and
structures, located therein, nor with the grading or improvements of such County roads, rights-
of-way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others, including others that
may be installing utility facilities; and
F. The County may require that Permittee’s utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road
or road right-of-way; may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County, or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all
the costs associated with removal; and may require Permittee to cooperate with others to
minimize adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure
that the private line utility facilities are constructed and maintained in a safe condition. If an
unsafe condition is found to exist, the County, in addition to taking any other action permitted
under applicable law, may order the Permittee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition on a time-table established
by the County which is reasonable in light of the unsafe condition. The County has the right to
correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and
to charge the Permittee therefor. The right of the County to conduct such inspections and order
or make repairs shall not be construed to create an obligation therefore, and such obligation to
construct and maintain its utility facilities in a safe condition shall at all times remain the sole
obligation of the Permittee.
5
H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the
work being performed; (2) where it is being performed; (3) its estimated completion date; and
(4) progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES
AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any
underground work, Permittee will contact the appropriate personnel to have such facilities
located and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the road and road rights-of-way. In addition to the liability
terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its
elected and appointed officers, employees and agents harmless against and from all cost,
liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs
and expenses) arising out of or in any way contributed to by any act or omission of Permittee,
its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any
damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or
employees, on the County’s property, (2) any injury to or death of any person employed by or
on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-
way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of
service, by a customer or user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may
not enter upon the permit area to perform work for which a utility permit is required, unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases, notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right-of-
way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction, maintenance, repair, or operation of Permittee’s utility facilities in the road rights-
of-way.
6
N. If, during any Work, Permittee or its agents discover scientific or historic artifacts,
Permittee or its agents shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County. Any such artifact shall be the property
of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work, including without limitation, the opening of trenches and the
tunneling under county roads, right-of way or other county property, the Permittee shall leave
such trenches, ditches and tunnels in such a way as to interfere as little as possible with public
travel and shall take all due and necessary precautions to guard the same, so that damage or
injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches
and tunnels are left open at night, the Permittee shall place warning lights, barricades and other
appropriate protective devices at such a position as to give adequate warning of such Work.
The Permittee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect, or through any failure or neglect to properly guard or
give warning of any trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County, in granting this Permit, does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights-of-way or other county property and this Permit
shall not be construed to deprive the county of any powers, rights or privileges which it now
has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way
and other county property covered by this Permit. The County retains the right to administer
and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve
a particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall, by a time specified by the County, protect, support, temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by
reason of traffic conditions; public safety; road right-of-way construction; road right-of-way
repair (including resurfacing or widening); change of road right-of-way grade; construction,
installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines,
tracks, communications system, other public work, public facility, or improvement of any
government-owned utility; road right-of-way vacation; or for any other purpose where the
County work involved would be aided by the removal or relocation of the utility facilities.
Collectively, such matters are referred to below as the "public work."
Permittee acknowledges and understands that any delay by Permittee in performing the above
7
described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage
to the County, including but not limited to, delay claims. Permittee shall cooperate with the
County and its contractors and subcontractors to coordinate such Permittee work to
accommodate the Public Work project and project schedules to avoid delay, hindrance of, or
interference with the Public Work. The County shall make available to the Permittee a copy of
the Six Year Transportation Program and the County’s annual construction program after
adoption each year. It is anticipated these programs will aid the Permittee in planning
construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the
County within the road rights-of-way. The rights granted to the Permittee herein do not
preclude the County, its employees, contractors, subcontractors, and agents from blasting,
grading, excavating, or doing other necessary road work contiguous to Permittee’s utility
facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours
notice of said blasting or other work in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing
to an imminent danger to health, safety, or property, the County may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior
notice, and charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests
the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee’s
utility facilities to accommodate the construction, operation, or repair of the facilities of such
other person, the Permittee shall, after 30 days' advance written notice, take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee’s service, or if the effect of such changes would be to permanently deprive Permittee
of the beneficial enjoyment of this Permit for its intended purposes through interference with
the operation of Permittee’s utility facilities or otherwise, Permittee shall not be required to
relocate its utility facilities. Unless the matter is governed by a valid contract or a state or
federal law or regulation, or unless the Permittee’s utility facilities were not properly installed,
the reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection, removal, or relocation at no charge to the County, even if the County
makes the request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings
or other objects. The expense of such temporary removal or raising or lowering of wires shall
be paid by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects
8
enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee’s Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by
the County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of
the Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may, at its option, and by giving thirty (30) days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property
so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee
by reason of such termination. It has been the practice of Mason County to reserve easements
for utilities at the time of road vacation, and will continue to be the practice until such time the
Board of Mason County Commissioners direct a change of practice.
XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee’s contractors
shall not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
9
Permittee’s contractor performs any of the Work in the road right-of-way) provide certificates
of insurance evidencing that Permittee or Permittee’s contractors are in compliance with the
following requirements, including, maintaining insurance in at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,
bodily injury, and property damage. The Commercial General Liability insurance shall be
written on an occurrence basis, with an aggregate limit location endorsement for the Permit
Area, and shall provide coverage for any and all costs, including defense costs, and losses and
damages resulting from personal injury, bodily injury and death, property damage, products
liability and completed operations arising out of the Work. Coverage must be written with the
following limits of liability:
Bodily and Personal Injury & Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained by Permittee’s
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned,
hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and
approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County’s Risk Manager. All coverage shall be listed on one certificate with
the same expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not
be canceled until at least 30 days' prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate
or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least
30
days prior to the expiration of the date of such insurance, a renewed certificate of insurance as
10
proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing
as respects any coverage maintained by the County and shall include an endorsement reflecting
the same. Any other coverage maintained by County shall be excess of this coverage herein
defined as primary and shall not contribute with it. The certificate of insurance must reflect
that the above wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of “A” and a class of “X” or better in the latest
edition of “Best’s Key Rating Guide” published by A.M. Best Company, or such other financial
rating or rating guide approved in writing by the County’s risk manager. In the event that at
any time during coverage, the insurer does not meet the foregoing standards, Permittee shall
give or shall cause its contractors to give prompt notice to the County and shall seek coverage
from an insurer that meets the foregoing standards. The County reserves the right to change
the rating or the rating guide depending upon the changed risks or availability of other suitable
and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property,
or on, over, or under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation, pursuant to an endorsement approved of by
the County’s Risk Manager or designee.
Permittee or Permittee’s Contractors’ insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
11
hold harmless the county and the county’s legal representatives, officers (elected or appointed),
employees and agents (collectively, “indemnitees”) for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, court costs, attorneys’ fees, and costs
of investigation, removal and remediation and governmental oversight costs), environmental or
otherwise (collectively “liabilities”) of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of, resulting from, or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee’s occupation and use of the road right of way;
4. permittee’s operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part, by permittee or its agents; or
7. the acts, errors, or omissions of third parties when arising out of the, installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third party
utility facilities within the road rights-of-way when such work is performed under authority of
the operator’s utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee’s agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any
indemnitee. The only liabilities with respect to which permittee’s obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemnitees cannot be indemnified for.
Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered
by this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but
not limited to, attorneys’ fees, investigators’ fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety (90) days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee’s failure to satisfy said judgment
12
within the ninety (90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee’s utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee’s utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any
of the County roads, rights-of-way or other County property subject to this Permit and shall in
no way prevent or prohibit the County of Mason from constructing, altering, maintaining or
using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or
facilities, or any other county property or affect its jurisdiction over them or any part of them
with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same
as the County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired its interest in compliance with the terms of
this Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will assume all the
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
obligations under the Permit, including any obligations not fulfilled by Permittee’s assignee;
provided that, the assignment shall not in any respect relieve the Permittee, or any of its
successors in interest, of responsibility for acts or omissions, known or unknown, or the
consequences thereof, which acts or omissions occur prior to the time of the assignment. No
Permit may be assigned or transferred without filing or establishing with the county the
insurance certificates, security fund and performance bond as may be required pursuant to this
Permit.
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XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit, by reason of the subsequent incorporation of any town or city, or extension of the limits
of any town or city, shall fall within the city or town limits; then, except to the extent allowed
by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county
property so included with city or town limits; but this Permit shall continue in force and effect
to all county road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided
at Section XVIII herein and continue in PERPETUITY until terminated or otherwise
superseded by a subsequent franchise, private line utility occupancy permit, master road use
permit or other agreement of the Parties. In the event that it is determined by a court of
competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this
Permit shall be deemed to have a term for the maximum period allowed by law, and if no such
maximum period is readily and easily capable of being identified, for a term of not longer than
fifty (50) years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a
franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may
be terminated by the County with or without cause. This means that the County is not required
to have or provide a reason for the termination and that the County may terminate this Permit
in its sole discretion without penalty to the County and regardless of whether or not Permittee
is or is not in default; provided that, the County may not terminate this Permit for a reason that
is unlawful. The Parties agree that the only condition of termination by the County of this
Permit is that the County must give not less than ninety (90) days written notice to the Permittee
of termination. The County Engineer is authorized to exercise the right of the County to
terminate this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall
automatically terminate upon: (1) assignment of the Permit without the prior written consent of
the County in substantially the form of an Assignment Agreement (obtained by request), (2)
transfer of the utility facilities located with the Permit Area without prior written notice to the
County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real
property or any part thereof benefited by the installation and operation of the utility facilities
without prior written notice to the County and mutual acceptance of an assignment of the
Permit, or (4) use of the utility facilities for the benefit of persons other than the owner/operator
in a manner that no longer constitutes a de-minimis use of the road right-of-way.
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration
14
of the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road
rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County
Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and
de-commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and
completely perform such work, the County may perform or complete such work at the cost of
the Permittee and Permittee shall be obligated to reimburse the County for such work within 30
days of invoice by the County.
F. Remedies. In addition to the right of the County to terminate this Permit, the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. “Default” shall mean any failure of Permittee or its agents to keep, observe
or perform any of Permittee's or its agent’s duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by
County.
2. Specific Performance. County shall be entitled to specific performance of
each and every obligation of Permittee under this Permit without any requirement to prove or
establish that County does not have an adequate remedy at law. Permittee hereby waives the
requirement of any such proof and acknowledges that County would not have an adequate
remedy at law for Permittee’s commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County
would not have an adequate remedy at law for Permittee’s commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in
this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the
County to commence an action for equitable or other relief and/or proceed against Permittee
and any guarantor for all direct monetary damages, costs and expenses arising from the Default
and to recover all such damages, costs and expenses, including reasonable attorneys’ fees.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
15
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted
hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
“A”, and in accepting the Permit, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees
to abide by the same and acknowledges that it has relied upon its own investigation of all
relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
acceptance as provided for herein within the time limits set forth in this section, the grant herein
is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a “Memorandum of Permit” in substantially the form attached hereto as
Exhibit “A”, shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,
this Permit is not intended nor shall it be construed to create an interest in land or constitute the
grant or conveyance of a real property interest by the County to the Permittee. The requirements
of this Section XIX are intended solely to provide notice of the existence of this Permit and the
terms and conditions there under, including inter-alia, the limitations upon assignment of the
Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor’s tax
identification
number of the parcel or parcels benefited by this Permit and a legal description of each such
parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation
of any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided; however, that venue of such action is legally proper.
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of
any Work done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
16
impair the right of such party to enforce that provision for any subsequent breach, or either
party’s right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such Party or Parties may be entitled.
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this
Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is
not a part hereof, and the remaining provisions hereof will remain in full force and effect. In
lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically
as a part of this Permit, a provision as similar in its terms to such illegal, invalid or
unenforceable provision as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee’s contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee’s contractors;
provided that, the Permittee is not prohibited from allocating such liability as a matter of
contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty (30) days' advance written notice of such change in address.
Permittee: Robert L. Oldright
P.O. Box 1197
Milton, WA 98354
Attn: Robert L. Oldright
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation
upon the County to determine the adequacy or sufficiency of Permittee's plans and
specifications or to ascertain whether Permittee's proposed or actual construction, installation,
testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or
17
sufficient or in conformance with the plans and specifications reviewed by the County. No
approval given, inspection made, review or supervision performed by the County pursuant to
this Permit shall constitute or be construed as a representation or warranty express or implied
by County that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this Permit or meets any particular standard, code or requirement,
or is in conformance with the plans and specifications, and no liability shall attach with respect
thereto. County and inspections as provided herein, are for the sole purpose of protecting the
County’s rights as the owner and manager of the road rights-of-way and shall not constitute any
representation or warranty, express or implied, as to the adequacy of the design, construction,
repair, or maintenance of the utility facilities, suitability of the permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation
of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State
of Washington.
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit
Area by Permittee and Permittee’s Contractors, and this Permit supersedes any and all other
agreements of the Parties hereto with respect to all such matters, including, without limitation,
all agreements evidencing the Permit.
18
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage
arising out of the County’s exercising its authority pursuant to this Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,
the County may perform the work and bill the Permittee. The Permittee shall pay the amounts
billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors
are subject to the same restrictions, limitations, and conditions as if the Work was performed
by the Permittee. The Permittee shall be responsible for all Work performed by its contractors
and subcontractors, and others performing Work on its behalf, under its control, or under
authority of its utility permit, as if the work were performed by it and shall ensure that all such
work is performed in compliance with this Permit, Title 12 MCC, the Manual and other
applicable law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is the Permittee’s responsibility to ensure that contractors,
subcontractors, or other Persons performing work on the Permittee’s behalf are familiar with
the requirements of the Permit, Title 12 MCC, the Manual, and other applicable laws governing
the work performed by them and further, for ensuring that such contractors and subcontractors
maintain insurance as required herein.
R. Survival of Terms. Upon the termination of the Permit, the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee’s obligations under this
Permit to the County shall survive the termination of these rights according to its terms for so
long as the Permittee’s utility facilities shall remain in whole or in part in the road rights-of-
way, except to the extent the County Engineer has approved abandonment in place. By way of
illustration and not limitation, Permittee’s obligations to indemnify, defend and hold harmless
the County, provide insurance and a performance/payment bond pursuant to Section XI and
Permittee’s obligation to relocate its utility facilities pursuant to Section VIII, shall continue in
effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent
that a County-approved transfer, sale, or assignment of the utility system is completed, and
another entity has assumed full and complete responsibility for the utility facilities or for the
relevant acts or omissions.
A-1
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT “A”
MEMORANDUM OF PERMIT
Title: Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: Robert L. Oldright
Description of Franchise Area: SEE EXHIBIT A-4
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Mike Collins, PLS, PE, County Engineer Ext: 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☒
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026 – Set Hearing
March 31, 2026 - Hearing
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☒ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Forged Fiber 37, LLC (AT&T) – Franchise Agreement – Set Hearing/Hearing
Background/Executive Summary:
Public Works has received a Franchise Agreement from Forged Fiber 37, LLC (AT&T) that would
allow them to construct, operate, and maintain their fiber optic telecommunication system in Mason
County rights-of-way. The franchise will cover all county roads within their service area.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
Applicant has paid the Cable Franchise fee of $400.
Public Outreach:
Notice of Public Hearing will be published in the Shelton Journal
Requested Action:
Recommend the Board of Mason County Commissioners consider the following:
1. March 3, 2026 – Regular Agenda:
• Set a hearing for March 31, 2026, at 9:15am to consider a Franchise Agreement with
Forged Fiber 37, LLC allowing the company to construct, operate, and maintain their
fiber optic telecommunication system within Mason County rights-of-way.
2. March 31, 2026: Public Hearing
• Consider approving and executing a Franchise Agreement with Forged Fiber 37, LLC
allowing the company to construct, operate, and maintain their fiber optic
telecommunication system within Mason County rights-of-way.
Attachment(s):
1. Franchise Agreement
2. Notice of Hearing
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold two public hearings in the Commissioners Chambers of Mason County Courthouse
Building I, 411 North Fifth Street, Shelton, Washington 98584 and live stream at
http://masonwebtv.com/ on Tuesday, March 31, 2026 at 9:15am.
SAID HEARINGS will be to consider accepting a franchise agreement with Forged Fiber
37, LLC allowing the company to construct, operate, and maintain their fiber optic
telecommunication system within Mason County rights-of-way.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature
to be recognized by the Chair to provide your testimony. You can also email testimony to
msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584;
or call (360) 427-9670 ext. 230.
If special accommodations are needed, please contact the Commissioners' office,
(360) 427-9670 ext. 419.
DATED this ______day of ________________, 2026.
BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
Bill: Mason County
Department of Public Works
100 W Public Works Drive
Shelton, WA 98584
cc: Auditor
Clerk of the Board
Public Works
Applicant
Journal – Publ. 2t: 3/12/26 & 3/19/26 (not less than 5 days prior to hearing)
Post: 3 public places 15 days before hearing – No later than 3/13/26
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickinson, Deputy Director Utilities
and Waste Management Ext: 652
Department: Utilities & Waste Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): March 3, 2026
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☒ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Victor Improvement Club and Mason County Lease Agreement
Background/Executive Summary:
Mason County leases land from the Victor Improvement Club (VIC) for the purpose of operating and
maintaining a sewer pump station, which is part of the North Bay Water Reclamation Facility collection
system.
The agreement has a provision for renegotiation and extension for an additional ten years. The end of the
lease period is March 14, 2026. It is unlikely a purchase agreement or renegotiated lease will be
completed by March 14th although parties have met and held productive conversations.
Associated Costs/Budget Impact:
Under the current lease, the county pays no rent or utilities (power), and the VIC is not charged a monthly
utility fee, nor has it paid the initial connection fee. Both parties are to equally share in any well costs
such as pump replacement.
The VIC is interested in selling the area presently leased. If the land is acquired for $25,000 or less and
the VIC agreeable to waiving an appraisal, sale could proceed relatively quickly. If the county does not
purchase, the VIC proposes to charge rent. Additionally, they propose Mason County pay for the power
bill and 100% of the well costs.
Public Outreach:
N/A
Requested Action:
Request the Board authorize the execution of a lease extension agreement with the Victor Improvement
Club through June 23, 2026, for the purpose of allowing additional time to negotiate either the purchase
of the property or revised lease terms for the sewer pump station site serving the North Bay Water
Reclamation Facility collection system.
Attachment(s):
1. Current Lease Agreement
2. Extension Agreement
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE (hereinafter called “Amendment”) is made this ___ day
of _____________ 2026 between Victor Improvement Club, Inc. (hereinafter called “Lessor”) and
Mason County, State of Washington (hereinafter called “Lessee”).
WHEREAS, Lessor and Lessee entered into a Lease dated March 14, 2000, for the purpose
of operating and maintaining a sewer pump station, which is part of the North Bay Water
Reclamation Facility collection system; and
WHEREAS, the agreement term is scheduled to expire on March 14, 2026; and
WHEREAS, the Lessor and Lessee require additional time beyond March 14, 2026, to
complete negotiations for potential purchase of the leased premises or an extension of the lease ;
NOW THEREFORE, Lessor and Lessee agree as follows:
1. Extension of Term: The Lease term is hereby extended from March 14, 2026, through
June 23, 2026. This Extension Period may be modified by mutual written agreement of
both parties.
2. Terms During Extension Period: All other provisions of the Lease remain unchanged and
continue in full force and effect.
VICTOR IMPROVEMENT CLUB, INC. BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
PRESIDENT PAT TARZWELL, Chair
RANDY NEATHERLIN, Vice Chair
SHARON TRASK, Commissioner
ATTEST:
MCKENZIE SMITH, Clerk of the Board
APPROVED AS TO FORM:
TIM WHITEHEAD, Ch. DPA
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickenson, Deputy Director/U&W
Management Ext: 652
Department: Public Works Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): Discussion
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Reappointment of Member to the Solid Waste Advisory Committee (SWAC)
Background/Executive Summary:
Public Works has received reappointment applications from Chad White and Lynda Links to
continue serving on the Solid Waste Advisory Committee (SWAC).
• Chad White represents the Solid Waste Industry. His current term expires March 14,
2026, and he is seeking a new three-year term through March 14, 2029.
• Lynda Links represents District 3/Citizens. Her current term expires March 14, 2026, and
she is seeking a new three-year term through March 14, 2029.
Pursuant to RCW 70.95.165(3), the committee must consist of a minimum of nine (9) members
representing a balance of interests, including citizens, public interest groups, business, the waste
management industry, and local elected officials.
MEMBER REPRESENTING TERM
Thomas Duffield District 1/Citizen 3/14/2023 - 1/14/2027
Vacant District 1/Citizen -
Vacant District 2/Citizen -
Vacant District 2/Citizen -
Lynda Links District 3/Citizen
3/14/2023 - 3/14/2026 (seeking
reappointment
Jens-Dieter
Stahmer District 3/Citizen 2/27/2024 - 2/27/2027
Karen Rice District 3/Citizen 2/27/2024 - 2/27/2027
Sharon Trask Local Elected Official 3/14/2023 - 1/14/2027
Vacant Special Group or Business
Chad White Solid Waste Industry
3/14/2023 - 3/14/2026 (seeking
reappointment)
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
Public Outreach:
N/A
Requested Action:
Requesting the Board of County Commissioners consider the following:
1. Interviewing Chad White and Lynda Links, if desired, for reappointment to the Solid
Waste Advisory Committee (SWAC).
2. Reappointing Chad White for a three-year term expiring March 14, 2029, to continue
serving as the Solid Waste Industry Representative.
3. Reappointing Lynda Links for a three-year term expiring March 14, 2029, to continue
serving as the District 3/Citizen Representative.
Attachments:
1. Applications
Entr y #: 64 - Solid Waste Advisory Committee (SWAC)Status: Submitted Submitted: 2/18/2026 10:52 AM
Advisor y Board Name:
Solid Waste Advisory Committee (SWAC)
Name:
Lynda Links
Today's Date:
2/18/2026
Address
Voting Precinct:
Phone
(
Email
Community Service:
league of women voters
Employment:
self employed
What do you perceive is the role or purpose of this advisor y board?
observer
What interest or skills do you wish to offer this advisor y board?
interest in solid waste
List any financial, professional, or voluntar y affiliations that could create a potential conflict of interest:
none
Required Training:
Participation is dependent on attending certain trainings such as the Open Public Meetings Act (OPMA)
and Public Records Act (PRA) trainings at no cost to you. Will you be able to attend such trainings?
Yes or No:
Yes
How much time can you commit to
this advisor y board:
Monthly
Are you a U.S. citizen and
Mason County resident?
Yes
*For Civil Service applications ONLY, what
is your political party?
Entr y #: 63 - Solid Waste Advisory Committee (SWAC)Status: Submitted Submitted: 2/18/2026 8:44 AM
Advisor y Board Name:
Solid Waste Advisory Committee (SWAC)
Name:
Chad White
Today's Date:
2/18/2026
Address
Voting Precinct:
Phone
(
Email
Community Service:
Chamber of Commerce
Employment:
Mason County Garbage / Site Manager / 23 years
What do you perceive is the role or purpose of this advisor y board?
To plan for the future
What interest or skills do you wish to offer this advisor y board?
Time in the business
List any financial, professional, or voluntar y affiliations that could create a potential conflict of interest:
None
Required Training:
Participation is dependent on attending certain trainings such as the Open Public Meetings Act (OPMA)
and Public Records Act (PRA) trainings at no cost to you. Will you be able to attend such trainings?
Yes or No:
Yes
How much time can you commit to
this advisor y board:
Monthly
Are you a U.S. citizen and
Mason County resident?
Yes
*For Civil Service applications ONLY, what
is your political party?
Mason County
Agenda Request Form
To: Board of Mason County Commissioners Item No.
From: Richard Dickenson, Deputy Director/U&W
Management Ext: 652
Department: Public Works Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): February 23, 2026 Agenda Date(s): Discussion
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other
(Please ensure proper internal review channels have been followed, this is the responsibility of the
requesting Department)
Item: Solid Waste Advisory Committee Applications – Dane Bonnell
Background/Executive Summary:
Public Works has received an application from Dane Donnell for appointment to the Solid Waste
Advisory Committee (SWAC). Mr. Donnell is seeking to fill a Special Group position as Labor
Representation.
Pursuant to RCW 70.95.165(3), the committee must consist of a minimum of nine (9) members
representing a balance of interests, including but not limited to citizens, public interest groups,
business, the waste management industry, and local elected public officials.
Listed below are the current members and the vacant position.
Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.):
N/A
MEMBER REPRESENTING TERM
Thomas Duffield District 1/Citizen 3/14/2023 - 1/14/2027
Vacant District 1/Citizen -
Vacant District 2/Citizen -
Vacant District 2/Citizen -
Lynda Links District 3/Citizen 3/14/2023 - 3/14/2026
Jens-Dieter
Stahmer District 3/Citizen 2/27/2024 - 2/27/2027
Karen Rice District 3/Citizen 2/27/2024 - 2/27/2027
Sharon Trask
Local Elected
Official 3/14/2023 - 1/14/2027
Dane Donnell
Labor/Workforce
Representation 3/3/2026-3/3/2029
Chad White Solid Waste Industry 3/14/2023 - 3/14/2026 to 3/14/2026 -3/14/2029
Public Outreach:
N/A
Requested Action:
Requesting the Board of County Commissioners consider the following:
1. interviewing Dane Donnell for appointment to the Solid Waste Advisory Committee
(SWAC).
2. appoint Dane Donnell to the Solid Waste Advisory Committee (SWAC) for a three-year
term expiring March 3, 2029, to serve as a Labor/Workforce Representative.
Attachments:
1. Application
Received 2/11/26
Commissioners Randy Neatherlin,
Sharon Trask and Pat Tarzwell.
Travis Adams, McKenzie Smith,
Wendy Thompson, Richard Dickinson,Kelle Medcalf