Loading...
HomeMy WebLinkAbout2026/04/14 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 April 14, 2026 9:00 a.m. DATE | Page 1 of 2 Commission meetings are live streamed at http://www.masonwebtv.com/ April 14.2 Regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide comment and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427- 9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – March 30 and April 6, 2026 Briefing Minutes and March 31, 2026 Regular Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 812008-8120204 $ 507,022.90 Treasurer Electronic Remittance $ 307,964.02 8.2 Approval of the interlocal agreement (ILA) for Medical Examiner Facility use with Kitsap County. 8.3 Approval of the Resolution for County Road Project (CRP) No. 2075, Bear Creek Dewatto Road Improvement Project; authorize the Public Works County Engineer to advertise, set bid dates and times; award contract; and for the County Engineer and/or the Chair to sign all pertinent documents. 8.4 Approval of the ILA with the City of Shelton and Shelton School District for the operation of the Shelton Skate Park. 8.5 Approval to extend the contract with Cabot Dow for consultant services through December 31, 2027, in the amount of $20,000. 8.6 Approval to set a Public Hearing for Tuesday, May 12, 2026, at 9:15 a.m. to consider the proposed amendments to Mason County Code Chapter 17.05.034 – Granting of Variances Authorized. 8.7 Approval for the Chair to sign the contract agreement between Hood Canal Coordinating Council (HCCC) and Mason County Public Health for the Hood Canal Regional Pollution Identification and Correction Program Phase 5. 8.8 Approval to move forward with the Recreation and Conservation Office (RCO) grant to replace the turf fields at Mason County Recreation Area (MCRA). 8.9 Approval of the letter of support for the Washington State Department of Fish and Wildlife’s Proposed Trail Renovation Project at the Theler Wetlands 8.10 Approval to establish next steps for Tier 2 Clean Building Performance Standard requirements and work with JCI (Johnson Controls). 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony; 10 minutes per person. No Public Hearings set for this time. 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Kariann Rutledge Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: April 14, 2026 No. 4.1 ITEM: Correspondence 4.1.1 Received Correspondence regarding Timberland Regional Library Board of Trustees from Taylor Stratton, Maddy Kaha, Keith Drescher, Paula Gertsmann, and Kathleen Kelly. 4.1.2 Received Letter from Federal Energy Regulatory Commission regarding Notice of Application for Non-Capacity Amendment of License Accepted for Filing, Soliciting Comments, Motions to Intervene, and Protests. 4.1.3 Received Local Authority Renewal Notice from Liquor and Cannabis Board 4.1.4 Received Board of Equalization Application for Katherine Diane McLean 4.1.5 Received Notice of Liquor License Application for IL CANALE LLC 4.1.6 Received Correspondence from Liquor and Cannabis Board regarding Temporary Discontinue Extension for HAZY DAZE INC Attachments: Originals on file with the Clerk of the Board. From:Taylor Stratton To:trlboardoftrustees@trl.org Cc:bocc@lewiscountywa.gov; McKenzie Smith; layers@co.pacific.wa.us; fwolfe@co.pacific.wa.us; lolsen@co.pacific.wa.us; commish@graysharbor.us; amy.davis@co.thurston.wa.us Subject:Library Mismanagement Date:Wednesday, March 25, 2026 2:30:47 PM Hello, Like many others in the Olympia community, I am appalled and furious at the recent decisions made by the Timberland Regional Library administrators. The mismanagement of the library's budget deficit, ill-advised branch "refreshes", switching rural branches to staffless models, and laying off 40% of front line staff has made it clear that the current administration is not acting in the best interest of the community members, the workers, or the library system as a whole. I demand that the Board of Trustees: Limit layoffs to the voluntary layoffs that have already gone through Hold administrators that have made these poor financial decision accountable Immediately halt all other planned layoffs Cease all non-essential expenditures, including unnecessary building refreshes Collaborate with city council members, front line workers, and financial experts to navigate the library's budget crisis Require the administration to provide a detailed plan of action to increase revenue over the next three years Thank you, Taylor Stratton From:Maddy Kaha To:McKenzie Smith; layers@co.pacific.wa.us; fwolfe@co.pacific.wa.us; lolsen@co.pacific.wa.us; commish@graysharbor.us; amy.davis@co.thurston.wa.us; TRLBoardofTrustees@trl.org; bocc@lewiscountywa.gov Subject:Belfair Library Storytime with Ms. Deena Date:Wednesday, April 1, 2026 12:19:23 PM It has come to my attention that Ms. Deena's Storytime will be cancelled when the Belfair library remodel is completed, and I am writing to express my deep concern and sadness at this news. Not just mine, but my three young children. As a homeschool mom of three children under 6, we have come to rely on Ms. Deena'[s class as a weekly part of our lesson plan. This change would GREATLY affect our routine as Ms. Deena has been a staple in our lives. My two boys have enjoyed Storytime with Ms. Deena for years, and when my youngest joined the world 6 weeks early and had to spend time in the NICU, Ms. Deena's storytime was a major constant in my boys' lives. I urge you to really consider what this change would do to our community, to our children, to the dozens of families that rely on a free program for their littles. I have met many parents at the library who homeschool like myself, and grandparents who watch their grandchildren while mom and dad are at work. Storytime is truly such a bright part of our week, a day we plan for and look forward to, and it would be a big mistake to eliminate that constant. I appreciate your time and hope you take a moment to consider what is really important in such a small community. Blessings, Maddy Kaha maddymross@me.com From:kdrescher@ieee.org To:TRLBoardofTrustees@trl.org Cc:amy.davis@co.thurston.wa.us; mguernsey@co.pacific.wa.us; McKenzie Smith; bocc@lewiscountywa.gov; Commish@graysharbor.us Subject:TRL Executive Director, board oversight failure Date:Tuesday, March 31, 2026 11:43:06 AM Hello. As a Timberland Regional Library patron since 1997, I'm appalled by TRL's financial issues and behavior of the Executive Director. I've followed the new reports, online information, and your recent board meetings, and I'm equally appalled by the actions, or should I say, lack of action by the board. The resignation of the director was a necessary first step, though why the board is paying her salary for doing nothing for the next 3 months is beyond me. If you were going to pay her as if she was fired, you should have fired her (you should have fired her anyway, it needs to go on her employment record - in my opinion she mismanaged the library in a way that goes beyond incompetence). At the recent board meeting, many people noted that the only way out of this is to lift the levy lid. A board member or two also mentioned "rebuilding trust" and that until trust is rebuilt it is highly unlikely any levy lid lift will pass. A necessary first step in in rebuilding that trust is that the remainder of the upper ranks of the administrative staff (including the current Libary Service Directory, Operations Director, Executive Administrator, and the rest of Heywood's extraneous hires: the experience advisors, special projects coordinator, etc), and current board be replaced. I have voted for every library levy, but I won't vote for a levy lift as long as the current administration and board remain in place, and this is true of others I've spoken to. Ultimately the county commissioners need to do whatever is necessary to ensure a new start, however I request that all of you do the right thing: fire the administrative staff, then resign so that trust can start to be rebuilt. No reasonable person will expect those complicit in causing the problems to successfully implement solution. Regards Keith Drescher Olympia From:Paula To:bocc@lewiscountywa.gov; McKenzie Smith; abennett@co.pacific.wa.us; Commish@graysharbor.us; amy.davis@co.thurston.wa.us Subject:[SUSPECTED SPAM] Save Our Libraries - Remove the TRL Board of Trustees! Date:Monday, March 30, 2026 9:25:35 AM Hello, my name is Paula Gerstmann and I am a resident of Olympia/Thurston County. I attended the last Timberland Library board meeting. Members of the community tried to reason with the board to halt staff lay offs as we emphasized how much that would hurt our community. We suggested many other ways to handle their financial shortfall. They ignored our pleas. I am asking you, as my County Commissioner, to prepare and issue a written complaint to remove the Trustees in fifteen days pursuant to RCW 27.12.190, and to use all legal means to protect and preserve the Timberland Library system in the meantime, including civil injunctions. The administration and Board have been derelict in their duty to listen to the public they serve. We pay taxes and expect them to properly steward our tax dollars. I am now asking you to take action to keep our libraries functioning properly. Libraries are vital to our community. Respectfully, Paula Gerstmann From:Kathleen Kelly To:McKenzie Smith Subject:Continue the Fight for TRL Date:Friday, March 27, 2026 10:39:55 AM Hello, My name is Kathleen Kelly and I am a resident in Mason County. While the resignation of Cheryl Heywood is a step in the right direction, the fight has not yet been won. Now that an interim position is being considered, it is imperative that Brenda Lane and Andrea Heisel are not considered for the executive position. It is terrifying to think that Brenda Lane and her reign of fear and retaliation would be in charge of the library system. Andrea Heisel is equally unqualified for the position, and both participated in the dismantling of the library system that we know and love. Please speak to the trustees and express our need for someone who is not already an administrator. The calls alone for Brenda's resignation at Wednesday nights board meeting should tell you that moving her up, even temporarily, will not make this situation better. I am disappointed and frustrated that Mason County is not represented in the TRL Board of Trustees. Why has this position, along with several others, not been filled? We know that applications from qualified people have been submitted and ignored. This board appears to completely rely on the information given to them by those that they are supposed to be overseeing. I don't know if they are unqualified or simply puppets for the TRL administration, but their place on the board should be questioned. We are also calling on you to fill the empty board seats. All 7 positions should be maintained. I am sending this email to all of the five county commissioners because Mason county does not have representation. You must call for a full and complete forensic audit to identify the mismanagement of funds. The fact that the trustees are learning new information about how the budget works at board meetings, from the public, shows that they have no idea what is really going on. There has been wasteful spending with a known budget crisis on the horizon, spending directly from the reserve fund, and a failure to plan for the 30% required in the general fund, making frontline workers pay for the financial failures of top executives. How can you support the layoffs of so many frontline employees while executives and made-up positions, like the "employee experience advisor," get raises? A full forensic audit is the only way to make sure that we can move forward in a productive way. The current administration has been opaque to say the least, and we are demanding transparency. Every attempt to find out what went wrong needs to be made and the people who made those decisions need to be held accountable. Thank you for your time, Kathleen Kelly Account Name Location Name License/Authorization Portfolio Name License Number Trade Name Expiration Date Type Subtype Privilege Name Endorsement Name ALDERBROOK GOLF & YACHT CLUB 330 E COUNTRY CLUB DR EAST, UNION, WA, 98592 000838 356322 ALDERBROOK GOLF & YACHT CLUB 6/30/2026 Liquor Retail S/B/W Restaurant Lounge (+) Off-Premises Sale Wine ALDERBROOK GOLF & YACHT CLUB 330 E COUNTRY CLUB DR EAST, UNION, WA, 98592 000838 356322 ALDERBROOK GOLF & YACHT CLUB 6/30/2026 Liquor Retail Kegs To Go ALDERBROOK GOLF & YACHT CLUB 330 E COUNTRY CLUB DR EAST, UNION, WA, 98592 000838 356322 ALDERBROOK GOLF & YACHT CLUB 6/30/2026 Liquor Retail Catering SKOKOMISH INDIAN TRIBE 19330 HIGHWAY 101 N, SHELTON, WA, 98584 000938 083168 THE LUCKY DOG 6/30/2026 Liquor Retail S/B/W Restaurant Lounge (+) CARPE DIEM, INC. 3530 NE OLD BELFAIR HWY, BELFAIR, WA, 98528 001850 358653 BEAR CREEK COUNTRY STORE & FEED 6/30/2026 Liquor Retail Grocery Store - Beer/Wine KIRBY CO. 24151 N US HIGHWAY 101, HOODSPORT, WA, 98548 002635 403894 HOOD CANAL MARKET FRESH 6/30/2026 Liquor Retail Grocery Store - Beer/Wine Spirits Sampling KIRBY CO. 24151 N US HIGHWAY 101, HOODSPORT, WA, 98548 002635 403894 HOOD CANAL MARKET FRESH 6/30/2026 Liquor Retail Spirits Retailer Beer and Wine Tasting LEE, RANDY BOK 24100 NE STATE ROUTE 3, BELFAIR, WA, 98528 002753 361285 RANDY'S SHORT STOP 6/30/2026 Liquor Retail Grocery Store - Beer/Wine TAYLOR SHELLFISH COMPANY, INC. 130 SE LYNCH RD, SHELTON, WA, 98584 002779 411710 TAYLOR SHELLFISH FARMS 6/30/2026 Liquor Retail Grocery Store - Beer/Wine ANAYA-SAHAGUN-RODRIGUEZ, INC 470 E COUNTRY CLUB DR, ALLYN, WA, 98524 013315 364081 THE BISTRO AT LAKELAND VILLAGE 6/30/2026 Liquor Retail S/B/W Restaurant Lounge (+) BENT BINE BREW CO., LLC 23297 NE SR 3 BLDG C, BELFAIR, WA, 98528, USA 013358 423624 BENT BINE BREW CO 6/30/2026 Liquor Non-Retail Microbrewery B/W On Premises Endorsement HOOD CANAL VENTURES LLC 15781 NE NORTH SHORE RD, TAHUYA, WA, 98588 018770 079534 SUMMERTIDE RESORT 6/30/2026 Liquor Retail Grocery Store - Beer/Wine BAYSHORE SHELL CORPORATION 3841 E STATE ROUTE 3, SHELTON, WA, 98584 021467 072149 BAYSHORE SHELL 6/30/2026 Liquor Retail Grocery Store - Beer/Wine GOLDCAST LLC 190 W PINE ACRES WAY, SHELTON, WA, 98584 022803 413665 GOLDCAST LLC 7/31/2026 Cannabis Non-Retail Cannabis Producer Tier 2 GOLDCAST LLC 190 W PINE ACRES WAY, SHELTON, WA, 98584 022803 413665 GOLDCAST LLC 7/31/2026 Cannabis Non-Retail Cannabis Processor MEMENTO CREDERE LLC 931 E JOHNS PRAIRIE RD, SHELTON, WA, 98584 022809 430798 SASHA'S CANNABIS 7/31/2026 Cannabis Retail Cannabis Retailer Medical Cannabis Endorsement Entry #: 72 - Board of Equalization (BOE)Status: Submitted Submitted: 4/2/2026 4:38 PM Advisory Board Name: Board of Equalization (BOE) Name: Katherine Diane McLean Today's Date: 4/2/2026 Address Voting Precinct: Phone ( Email Community Service: Vice Chair, Board of Equalization Board Vice Chair, Hood Canal Salmon Enhancement Group Member, League of Women Voters One term member, LMT Area Agency on Aging Member, UW Medical Center Patient & Family Advisory Committee Member, Fred Hutch Patient Advisory Committee Employment: Director, Intellectual Property & Licensing, University of Alaska Managing Partner, 65th Parallel, LLC Program Manager, Office of the Vice Chancellor for Research, University of Alaska Fairbanks Deputy Director, Office of Sponsored Programs, University of Alaska Fairbanks What do you perceive is the role or purpose of this advisory board? The BoE examines, compares, and equalizes the appealed returns of county property assessment of the county so that each subject property is assessed at its true and fair value. What interest or skills do you wish to offer this advisory board? Technology valuation; market evaluation; executive administration experience; List any financial, professional, or voluntary 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 advisory board: Weekly Are you a U.S. citizen and Mason County resident? Yes *For Civil Service applications ONLY, what is your political party?   Received 04.03.2026Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith,Tenielle Masteller. Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov DATE: 4/2/2026 NOTICE OF LIQUOR LICENSE APPLICATION Please reply to the original email and attach your completed form. Click the Reply or Reply All option to make sure your response is correctly routed. TO: MASON COUNTY COMMISSIONERS RE: Change of Governing People UBI: 6049045850010001 License: 433789 - 2O Trade Name: IL CANALE Loc Addr: 6871 E STATE ROUTE 106 STE B UNION WA 98592-9744 Mail Addr: 830 E BEACH DR UNION WA 98592-9769 Phone No.: 206-679-1798 Privileges Applied For: Tavern - Beer/Wine Endorsement Applied For: Direct Shipment Receiver- In/Out WA Factory Sealed Containers Takeout Growlers Takeout Catering Off Premises APPLICANTS: IL CANALE LLC KEITH A FORSLUND, 05/25/1964 LAURIE BREIDENBACH (Spouse), 03/26/1954 JOLICA RUDY TAGUIPED, 04/22/1964 JOHN ANTHONY DELEVA, 01/05/1962 KELLY SHIELDS, 02/18/1964 As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to provide input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact our CHRI desk at (360) 664-1724. Received 04.03.2026 Commissioners Randy Neatherlin, Sharon Trask and Pat Tarzwell. Travis Adams, McKenzie Smith, LIQUOR AND CANNABIS Washington State Liquor and Cannabis Board Licensing Division: Alcohol Unit 1025 Union Ave SE, P.O. 43075 Olympia, WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.lcb.wa.gov 1. Do you approve of the applicant? . . . . . . . . . . . . . . . . 2. Do you approve of the location? . . . . . . . . . . . . . . . . . If you disapprove, per RCW 66.24.010(8) you MUST attach a letter to the Board detailing the reason(s) for the objection and providing facts upon which your objection(s) is based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COMISSIONER, TRIBAL CHAIRPERSON OR DESIGNEE YES NO From:LCB Case Response To:hazydaze502@yahoo.com Cc:McKenzie Smith; discontinuedbusiness@lcb.wa.gov; jessica.petteys@lcb.wa.gov; kandra.tinnerstet@lcb.wa.gov; jason.belles@lcb.wa.gov; alex.everson@lcb.wa.gov; linda.thompson@lcb.wa.gov; alex.steele@lcb.wa.gov; david.johnson@lcb.wa.gov; linda.brock@lcb.wa.gov Subject:Temporary Discontinue Extension Date:Monday, April 6, 2026 11:17:00 AM Entity Name: HAZY DAZE INC Trade Name: HAZY DAZE Location Address: 1982 NE OLD BELFAIR HWY,BELFAIR,WA,,98528-9656License #: 412452 EO code: 7B UBI: 603513448 The temporary discontinued business issued for the above license number and location hasbeen extended and now expires on May 30th, 2026. You must remain in compliance with all license fees and tax reporting requirements andreport any changes in circumstance to your Enforcement Officer. Please note you may not resume business without prior authorization from the Liquor andCannabis Board. You can request to reactivate your license by logging in to your accounton the LCB Portal when you are ready to resume business. Please allow time to processthe request. Sincerely,Customer Service UnitLicensing & Regulation (360) 664-1600 Thank you for visiting the Liquor and Cannabis Board. Our mission is to promote publicsafety, public health, and trust through fair administration, education, and enforcement ofliquor, cannabis, tobacco, and vapor laws. thread::TpxaeS0aLA-86WLHqu0N9Cc:: Received 04.06.2026Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Travis Adams, McKenzie Smith,LIQUOR & CANNABIS Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 March 30, 2026 | Page 1 of 2 Week of March 30, 2026 Monday, March 30, 2026 9:00 A.M. Executive Session – RCW 42.30.110(1)(g) Qualifications of an Applicant for Public Employment Commissioners Neatherlin, Tarzwell, and Trask met in executive session for qualifications of an applicant for public employment from 9:00 a.m. to 9:30 a.m. Travis Adams and Christopher Pinkston were also in attendance. 9:30 A.M. Coroner – Jaime Taylor Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Jaime discussed the interlocal agreement (ILA) with Kitsap County for the use of their Medical Examiner Facility. Approved to move forward. 9:35 A.M. Public Works – Mike Collins Utilities & Waste Management Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Mike shared the County Road Project (CRP) 2075 for Bear Creek Dewatto Road improvement project from mile post 5.37 to milepost 8.45. Approved to move forward. • Mike shared the presentation from the Washington State Department of Transportation (WSDOT) for the State Route 3 (SR 3) Craig Road to Arcadia Road pre-design. 9:45 A.M. Support Services – Travis Adams Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • McKenzie Smith shared the Resolution selecting Shelton-Mason County Journal as the official County newspaper. Approved to move forward. • McKenzie confirmed the appointment of Larye Parkins to the Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) advisory board. Approved to move forward. • McKenzie discussed the process for Fund 117 and Fund 164 signatures. Tabled. • Kelly Frazier shared the memo from the Washington State Department of Commerce regarding Tier 2 covered buildings which are subject to the state’s Clean Buildings Performance Standard compliance. Kelly added that the County can go out for a Request for Proposals (RFP). Travis and Kelly suggested having Johnson Control brief the Commissioners on their project. • Kim Monroe shared the Cabot Dow contract extension for consultant services through December 31, 2027, in the amount of $20,000. Approved to move forward. • Travis discussed the removal cost of the Shelton Skate Park. The skate park is currently in poor condition and the City of Shelton is planning on doing a structural analysis later this spring to determine the exact condition of the skate park • Travis shared information on the Recreation and Conservation Office grant for the Mason County Recreation Area (MCRA) field replacement. Tabled. • Travis discussed the Salary Commission Resolution setting Elected Official salaries. Cmmr. Tarzwell asked if there is the opportunity to reject the salary commission’s suggestions, Travis will check with legal. • Travis shared a proposal from a law firm was received to take over the Office of Public Defense and suggested going out for a formal Request for Proposal (RFP). • Cmmr. Tarzwell discussed Timberland Regional Library (TRL) and the Board of Trustees and shared that a meeting of five Commissioners from each county needs to happen. Cmmr. Neatherlin asked that as Chair, Cmmr. Tarzwell, ask for a meeting of Chairs. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 March 30, 2026 | Page 2 of 2 Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Pat Tarzwell, Randy Neatherlin, Sharon Trask, Chair Vice-Chair Commissioner Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 April 6, 2026 | Page 1 of 1 Week of April 6, 2026 Monday, April 6, 2026 9:00 A.M. Clean Water District Advisory Committee Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • The Clean Water District (CWD) Advisory Committee shared a presentation. Topics included funding through cost share programs, Squaxin Island Tribe, and grants. 9:15 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Kell continued the discussion on amending Mason County Code Chapter 17.05.034 Granting of Variances Authorized. Approved to move forward. 9:25 A.M. Public Health – David Windom Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Ian Tracy discussed CWD funding through grants and shared two amended Ordinances. One Ordinance maintains current parcel fees and removes the sunset date while the other Ordinance increases parcel fees to $5.43/parcel and incorporates annual fee adjustment based on consumer price index with a cap of 5% per year. Tabled. • Ian shared the contract with Hood Canal Coordinating Council (HCCC) for the Hood Canal Regional Pollution Identification and Correction Program Phase 5 . Approved to move forward. • Ian requested to add one temporary project-limited Environmental Health Specialist position. 9:35 A.M. Support Services – Travis Adams Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • McKenzie Smith continued the discussion on Fund 117 and 164 signatures. • Carl “Bud” Olson discussed the Recreation and Conservation Office (RCO) grant for the replacement of the turf fields at Mason County Recreation Area (MCRA) and why that park was selected. Approved to move forward. • Travis discussed creating a wake boat Ordinance and shared a potential Ordinance to adopt into Mason County Code. Tabled. Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Pat Tarzwell, Randy Neatherlin, Sharon Trask, Chair Vice-Chair Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 March 31, 2026 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – led the flag salute. 3. Roll Call – Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Absent: Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following notice of liquor license application from Patches LLC, Lilliwaup Store LLC, and Faith in Action South Sound. 4.1.2 Washington State Liquor and Cannabis Board sent in the following notice of special occasion liquor license applications from The McReavy House Museum of Hood Canal and Summit Pacific Medical Foundation. 4.1.3 Federal Energy Regulatory Commission (FERC) sent in a letter regarding the February 19, 2026, Board of Consultants meeting summary and extension of time request. 4.1.4 Correspondence was received regarding the Timberland Regional Library Board of Trustees from Hillary Fazzari, Shirley & Larry Fazarri, Lisa Marie Gray, Kylie McQuarrie, Sean Thomas Nickerson, Elizabeth Ostendorf, Mary Prophit, Jen Rinehart, Lisa A Schuster, John Tafejian, Kathleen Kelly, Nim Nimmer, Luis F. Camacho Plascencia, Rachel Raadt, and Susan Ackerman. 4.2 Ian Tracy read the On-Site Sewage Advisory Committee (OSAC) Vacancies news release. 4.3 Will Harris presented the Flags of Our Founding Fathers project. 4.4 Kayla Brinckmeyer presented the Mason County & Shelton CTE Job Shadow Program Student Reports & Certificates: Information & Technology – Sam Areopogita, Chad Bullard; Public Safety: Andrea Fogo, Emily Keith; Auditor – Abby Escobedo, AJ Wier; County Leadership: Ayanna Juarez, Alex German. 5. Open Forum for Citizen Input Joel Warnock, New Hope Assembly of God, gave a word of thanks and provided a blessing. Jeff Kulawiak provided testimony in support of the 2026 Olympus Rally (April 17-19, 2026), highlighting the event’s positive contributions in 2025. Jeff included a brief summary of economic impact and visitor engagement associated with the rally, one of the longest-running events in the county. 6. Adoption of Agenda Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the agenda as published. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-absent. 7. Approval of Minutes Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the March 16 and 23, 2026, Briefing Minutes and March 17, 2026, Regular Minutes as presented. Motion carried unanimously. March 31, 2026 | Page 2 of 3 Neatherlin-aye; Tarzwell-aye; Trask-absent. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8119741-8120007 $1,515,637.19 Direct Deposit Fund Warrant # 124663-125070 $ 986,923.67 Salary Clearing Fund Warrant # 7009571-7009597 $ 627,379.38 8.2 Approval of the temporary take-home vehicle assignment for Richard Dickinson effective April 1, 2026, through December 31, 2026. 8.3 Approval of the donation application for the installation of four benches at Foothills Park from the Friends of Foothills Dog Park. 8.4 Approval to set a Public Hearing for Tuesday, April 28, 2026, at 9:15 a.m. to consider the withdrawal of Squaxin Island Tribe territory from the South Mason Fire District. 8.5 Approval to appoint Avary Rollins to the Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) advisory board for a two-year term expiring March 31, 2028. 8.6 Approval to accept the recommendation of the Hearing Examiner and formally acknowledge the vacation of the right of way as petitioned by operation of law pursuant to the Session Laws of 1889-1890, subject to the conditions contained in the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation No. 426. (Resolution No. 2026-011) 8.7 Approval for Public Works to issue a water leak credit for customer #308132 in the amount of $982.40, plus applicable late fees, based on verification that the leak has been repaired. 8.8 Approval for Public Works to declare the paint equipment as surplus, approve the sale to the City of Shelton, or, if the City of Shelton declines, authorize Public Works to surplus the equipment through other allowable methods under Mason County Code Chapter 3.40, including public sale, auction, or other appropriate means. 8.9 Approval of the Resolution selecting the Shelton-Mason County Journal as the official County newspaper for publishing certain legal publications. (Resolution No. 2026-012) 8.10 Approval for the County Administrator to prepare a Request for Proposals (RFP) for Public Defense services. Cmmr. Neatherlin/Tarzwell moved and seconded to approve action items 8.1 through 8.10. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-absent. 9. Other Business (Department Heads and Elected Officials) Steve Dunkel, Mason County Auditor, reported on issues related to title fraud and has executed a contract to make the Deep Freeze process available to property owners in Mason County. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider 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. Staff: Mike Collins (Contract No. 26-18) Mike Collins stated that the County is considering a franchise agreement with Forged Fiber 37, LLC (AT&T) to authorize construction, operation, and maintenance of a fiber optic telecommunications system within Mason County rights-of-way. The agreement would apply March 31, 2026 | Page 3 of 3 to all county roads within the company’s designated service area and establish the terms and conditions for use of public rights-of-way. Public Testimony: Elizabeth Walker spoke on behalf of Forged Fiber 37, LLC (an AT&T subsidiary), in support of the request to approve the franchise agreement. She explained that the purchase includes currently installed fiber optic infrastructure and expressed appreciation to County staff for their collaboration and assistance throughout the process. Cmmr. Neatherlin/Tarzwell moved and seconded to approve the 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. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-absent. (MC Contract 26-018) 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 10:09 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board Prepared by Cami Olson BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Pat Tarzwell, Chair _______________________________ Randy Neatherlin, Vice-Chair Absent ________________________________ Sharon Trask, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.1 From: Kariann Rutledge Ext: 380 Department: Central Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date(s): April 14th, 2026 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 812008-8120204 $ 507,022.90 Direct Deposit Fund Warrant # N/A $ 0 Salary Clearing Fund Warrant # N/A $ 0 Treasurer Electronic Remittance $ 307,964.02 Macecom 03.06.26 $ 298,819.87 MENTAL HEALTH 03.10.26 $ 4,866.75 Dispute Resolution Surcharge 03.10.26 $ 1,665.00 2013 LTGO Bond B 8038 Filing Fee 03.23.26 $ 70.00 Mason Co Landfill (Brink’s) 03.20.26 $ 1,816.11 CURRENT EXPENSE 03.31.26 $ 337.93 ROAD DIV-CURRENT EXPENSE 03.31.26 $ 67.87 Veterans Assistance 03.31.26 $ 4.61 COUNTY ROAD 03.31.26 $ 308.60 MENTAL HEALTH 03.31.26 $ 7.28 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 17,754,161.23 Direct Deposit YTD total $ 5,957,705.66 Salary Clearing YTD total $ 5,810,848.48 Treasurer Remittance YTD total $ 4,062,400.56 Budget Impact (amount, funding source, budget amendment, etc.): See above. Public Outreach: N/A Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachment(s): Originals on file with Financial Services and the Treasurer’s Office; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.2 From: Jaime Taylor Ext: 759 Department: Coroner Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): March 30, 2026 Agenda Date(s): April 14, 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: Medical Examiner Facility Use Agreement with Kitsap County Background/Executive Summary: This interlocal agreement (ILA) with Kitsap County will allow the Coroner the use of an accredited Medical Examiner Facility for autopsies, post-mortem examinations, and pathology services for death investigations occurring in Mason County. The ILA is effective December 22, 2025, and will remain in effect unless terminated. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): $350 facility use fee per body, $150 x-ray service fee per body, $50 extended storage fee per body per day, professional cleanup (actual cost), and equipment damage (actual cost). Public Outreach: N/A Requested Action: Approval of the interlocal agreement for Medical Examiner Facility use with Kitsap County. Attachment(s): ILA Facility Use Agreement 03242026 1 | P a g e KC MEDICAL EXAMINER FACILITY USE AGREEMENT MASON COUNTY This Medical Examiner Facility Use Agreement – Mason County (“Agreement”) is entered into between Kitsap County, through the Kitsap County Medical Examiner’s Office, and Mason County, both political subdivisions of Washington state. RECITALS A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies to enter into cooperative agreements to provide services more efficiently within their jurisdictions. B. Kitsap County maintains an accredited Medical Examiner Facility equipped for post-mortem examinations. Mason County Coroner’s Office requires the use of an accredited facility for pathology services for death investigations occurring in Mason County. C. Mason County desires to use the Facility for autopsies performed by Mason County personnel and/or its contracted pathologists. D. Kitsap County is will to make its Facility available to Mason County for this purpose on a limited, as needed basis, subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual promises and covenants, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide Mason County access to Kitsap County’s accredited medical examiner Facility for the performance of autopsies and related examinations by Mason County personnel, and define the responsibilities of the parties as contemplated in RCW 39.34.030. 2. Definitions. The following definitions will apply unless the context clearly identifies otherwise: a. Autopsy Suite means the physical room, Digital Equipment, and fixed equipment (tables, sinks, lights, and scales) located at the Kitsap County Medical Examiner’s Office. b. Consumable Supplies means basic personal protective equipment (such as gowns, gloves, and goggles), standard autopsy disposables, and cleaning supplies (such as soaps, detergents, and disinfectants). c. Digital Equipment means the Kitsap County X-ray and digital imaging machinery. d. Facility means the Kitsap County accredited medical examiner postmortem examination suite. e. Mason County Personnel means the Pathologist(s), technicians, investigators, or contractors employed or retained by Mason County. These individuals are not employees or agents of Kitsap County. 3. Organization. This Agreement does not create a separate legal or administrative entity, nor do the parties Facility Use Agreement 03242026 2 | P a g e intend to create a separate legal or administrative entity subject to suit. 4. Facility Use. Kitsap County, through its Medical Examiner’s Office, grants the Mason County Coroner’s Office non-exclusive Facility Use of the Autopsy Suite and cooler storage located at the Facility subject to the terms and conditions of this Agreement and Attachment A, Facility Use, which is incorporated in full by reference. Kitsap County’s use will take absolute priority over Mason County requests. 5. Compensation. Mason County will pay the fees as provided in Attachment B (Compensation), which is attached and incorporated by reference. 6. Effective Date/ Term, Termination. This Agreement is effective December 22, 2025 (“Effective Date”) and will remain in effect unless terminated. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s Office or, alternatively, listed by subject on the website or other electronically retrievable public source in compliance with RCW 39.34.040. Either party may terminate with 15 days written notice to the other party. 7. Property. The parties do not anticipate the joint acquisition of property for the performance of this Agreement. Any property acquired by a party during the term of this Agreement will be held by and remain the property of the acquiring party. 8. Nondiscrimination. Neither party will discriminate against any person based on race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and will comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 9. Notice. All notices will be delivered in writing to the Kitsap County Medical Examiner or Mason County Coroner. Notice mailed by regular post (including first-class mail) will be deemed given on the second business day following the date of mailing, provided it is properly mailed and addressed. Notices sent by certified or registered mail will be deemed given on the day after the date of mailing if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service will be conclusive evidence of the date of mailing. 10. Indemnification. Each party will protect, defend, indemnify, and hold the other party, its officers, officials, employees, and agents harmless from any and all claims, demands, suits, penalties, or losses of any kind, including reasonable attorneys' fees, arising out of or resulting from the negligent acts or omissions of the indemnifying party in connection with this Agreement. 11. Mason County Specific Waiver (Title 51 RCW). Mason County will be solely responsible for the safety, conduct, and industrial insurance (workers’ compensation) of Mason County Personnel while utilizing the Facility. For the purposes of this Agreement, Mason County specifically and expressly waives its immunity under Title 51 RCW (Industrial Insurance), solely for the purposes of the indemnification and hold-harmless provisions contained herein. Mason County acknowledges that this waiver was mutually negotiated. 12. Insurance. During the term of this Agreement, each party will maintain at its own expense the insurance noted below. A. Commercial General Liability (“CGL”). CGL on an occurrence basis, with a combined single limit of not less than $2,000,000 per occurrence. Coverage will include personal injury, bodily injury, and property damage for premises operations liability, products/completed operations, personal and advertising injury, contractual liability, independent contractor liability, and stopgap/employer’s liability. Coverage will not exclude or contain sub-limits less than the minimum limits required herein Facility Use Agreement 03242026 3 | P a g e without the prior written approval of the County. The proof of coverage provided under this section shall reflect the indemnification obligations required by the Agreement. B. Professional Liability. Professional Liability Insurance with a combined single limit of not less than $2,000,000 per claim, incident, or occurrence. Coverage will apply to liability for error, omission, or negligent acts arising out of or related to this Agreement. C. Automobile. Automobile Insurance with a limit of not less than $1 million per occurrence. Coverage will include owned, hired, and non-owned automobiles. D. Workers’ Compensation. Workers’ Compensation Insurance in compliance with RCW 51.12.020, or the equivalent, which requires subject employers to provide workers’ compensation coverage for all their subject workers and Employer’s Liability or Stop Gap Insurance of $1,000,000. E. Notice of Change. There shall be no cancellation, material change, reduction of limits, or intent not to renew the insurance coverage without 30 days prior notice to the other party. F. Self-Insurance Provision. The insurance requirements of this section may be satisfied by a party through a program of self-insurance as allowed by Washington State law. Proof of such coverage may be evidenced by a letter of transition, certificate of pool contribution, or other off icial notification from the relevant risk pool or state agency confirming that the party maintains coverage equivalent to the limits required by this Agreement. 13. Governing Law; Venue. This Agreement is governed by the laws of the State of Washington. Venue for any action arising out of this Agreement will be in Kitsap County Superior Court, or as otherwise provided by RCW 36.01.050. 14. Public Records Act. The parties acknowledge that both agencies are subject to the Public Records Act, Chapter 42.56 RCW (“Act”) and agree to maintain all records constituting public records and to work cooperatively with the other produce or assist the other party in producing such records, within the time frames and parameters as provided by law. Each party agrees to notify the other party within two business days of receiving a public record request regarding this Agreement or the Services provided. 15. Compliance with Laws. The parties will comply with all applicable federal, state, and local laws and regulations. This includes without limitation Washington Department of Labor and Industries (WA-DOSH) safety regulations; applicable healthcare sanitation and biohazard disposal standards; and all professional licensing requirements relevant to the activities conducted under this Agreement. 16. Independent Capacity. The employees and agents of each party engaged in the performance of this Agreement will continue to be the employees or agents of that party and not considered, for any purpose, to be employees or agents of the other party to this Agreement. Neither party will have the authority to bind the other nor control the other party's employees, agents, or contractors to this Agreement. A party's rights, duties, and obligations will remain with that party. 17. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 18. Implied Contract Terms. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated herein. Facility Use Agreement 03242026 4 | P a g e 19. No Third-Party Rights. This Agreement is solely for the benefit of the parties and does not confer or create any right, benefit, or trust responsibility, substantive or procedural, that is enforceable at law or in equity by any third person. 20. Assignment. The rights or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable by either party. 21. Waiver. A failure by any party to exercise its rights under this Agreement will not preclude that party from subsequently exercising such rights and will not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party. 22. Severability. The provisions of this Agreement are severable. Any term or condition of this Agreement or application thereof deemed to be illegal, invalid, or unenforceable, in whole or in part, will not affect any other terms or conditions of the Agreement, and the parties’ rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision. 23. Survival. Those provisions of the Agreement that by their sense and purpose should survive the expiration or termination of the Agreement will so survive. Those provisions include, without limitation, the respective responsibilities of each party, compensation, and indemnification. 24. Headings. Headings of this Agreement are for convenience only and will not affect the interpretation of this Agreement. 25. Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. 26. Counterparts/Electronic Signature. This Agreement may be executed in several counterparts, each of which will be deemed an original but all of which together will constitute one agreement. Facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures and duplicate originals. 27. Authorization. Each party signing below warrants to the other party that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. DATED this ___ day of ___________, 2026 DATED this ___ day of __________, 2026 MASON COUNTY KITSAP COUNTY ____________________________________ ____________________________________ JAMIE TAYLOR, Coroner LINDSEY HARLE, Medical Examiner Coroner’s Office Medical Examiner’s Office Facility Use Agreement 03242026 5 | P a g e DATED or ADOPTED this ____ day of _____________________, 2026. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ______________________________________ ORAN ROOT, Chair ______________________________________ KATHERINE T. WALTERS, Commissioner ______________________________________ CHRISTINE ROLFES, Commissioner ATTEST: ___________________________ Dana Daniels, Clerk of the Board Facility Use Agreement 03242026 6 | P a g e DATED or ADOPTED this ____ day of _____________________, 2026. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ______________________________________ SHARON TRASK, Chair ______________________________________ PAT TARZWELL, Vice Chair ______________________________________ RANDY NEATHERLIN, Commissioner ATTEST: ______________________________ McKenzie Smith , Clerk of the Board Facility Use Agreement 03242026 7 | P a g e ATTACHMENT A FACILITY USE 1. Facility Use. Kitsap County will make the Facility autopsy suite, cooler, Digital Equipment and all Consumable Supplies necessary to conduct autopsies and any other postmortem examinations to be performed available for use by Mason County to perform autopsy services subject to the terms and conditions of this Agreement and availability. A. Access, Scheduling. The Kitsap County Medical Examiner and Mason County Coroner or their respective designees shall coordinate the scheduling of Facility Use to ensure that Kitsap County’s primary operations are not disrupted. Mason County must provide at least 48 hours’ notice prior to use. Exceptions to the 48- hour notice must be approved in writing by the Kitsap County Medical Examiner or designee. Use is restricted to Day of Service. B. Access Revocation. Access may be revoked at the sole discretion of the Kitsap Medical Examiner for any breach of protocol. C. Priority. Kitsap County cases shall always take priority over Mason County Facility Use requests. Neither party intends to assume responsibility or liability for the actions, or failures to act, of the other party and/or their respective employees. Kitsap County use shall take absolute priority over Mason County requests. D. Staffing. Mason County is responsible for providing its own forensic pathologist and technicians. Kitsap staff are required to be present in the Facility for oversight and to operate Digital Equipment (X- ray/Imaging) as requested. Beyond the technical operation of Digital Equipment, Kitsap County personnel shall not participate in or be responsible for the medical-legal conduct, interpretations, or conclusions of the autopsy or any death investigation. E. Consumable Supplies. Use of Kitsap County’s Consumable Supplies is permitted as part of the base fee. Any specialized equipment must be provided by Mason County. 2. Remains, Evidence & Property A. Removal Mandate. Mason County shall remove the deceased, all toxicological samples, evidence and the personal property of the deceased at the completion of the autopsy. Mason County is responsible for releasing the decedent’s remains to the funeral homes. Kitsap County will not facilitate releases to funeral homes. B. Storage. Cooler storage is limited to a maximum of two (2) bodies for no more than 24 hours. An additional daily fee will be assessed after that. C. Personal Property. Mason County will remain responsible for the retention and disposition of all personal property of the deceased as required by law. Facility Use Agreement 03242026 8 | P a g e D. Organ and Tissue Procurement Prohibited. No organ, tissue, or ocular procurement activities, nor any recovery procedures by third-party procurement organizations, shall be conducted at the Facility under this Agreement. Mason County shall ensure that all decedent transfers involving potential donation are coordinated and completed at a separate location prior to or following the use of the Kitsap County Facility. 3. Sanitation & Biohazards. Mason County must clean the Autopsy Suite to Kitsap County’s medical-grade standards immediately after use. All biohazardous waste must be disposed of according to Kitsap County’s established disposal rules. 4. Digital Equipment. Kitsap County will be responsible for providing the photographic equipment for autopsy purposes. Mason County will be responsible for the electronic storage, maintenance, and retention of the digital photographs. All digital media generated (X-rays, photos, etc.) are the sole property and record of Mason County. Mason County as the Record Holder is responsible for all Public Records Act (RCW 42.56) requests. Kitsap will not provide permanent storage and reserves the right to delete Mason County’s data from local servers 30 days post-autopsy without notice and penalty. Mason County is the primary custodian of all digital records. Kitsap County has no duty and will not retain them. 5. Access & Security Protocols A. Access Protocols. All Mason County Personnel may be required to complete a facility safety orientation and security briefing provided by Kitsap County staff prior to first use. B. Use. Use is restricted to Kitsap County business hours unless otherwise authorized. No independent access or key cards will be issued to Mason County Personnel. Kitsap County Personnel must be present at the Facility during all periods of Mason County Facility Use. C. Orientation. All Mason County Personnel must complete a facility safety orientation and security briefing provided by Kitsap staff prior to first use. D. Clearance. Mason County Personnel may be required to undergo CJIS (Criminal Justice Information Services) background checks before being granted independent access. Access may be revoked for any and all Mason County Personnel at the sole discretion of Kitsap County. 6. Damage to Facility and Equipment. Mason County shall be liable for any damage to the Facility, fixed equipment, or Digital Equipment caused by the acts or omissions of Mason County Personnel. A. Reporting. Mason County Personnel must immediately report any equipment failure or damage to the Kitsap employee present. B. Repair/Replacement. Kitsap County shall have the sole authority to determine the method and contractor for repairs or the necessity of equipment replacement. C. Reimbursement. Mason County shall reimburse Kitsap County for the Actual Cost of all repairs or replacement parts. 7. Cleanup and Remediation. In the event a Mason County case results in contamination of the Facility beyond normal cleanup standards (e.g., infectious disease protocols, chemical hazards, or excessive neglect), or requires additional cleanup, Mason County will be billed for the actual cost of such remediation, whether performed by Facility Use Agreement 03242026 9 | P a g e a Kitsap County employee or a third-party biohazard contractor. Furthermore, for any contamination requiring remediation beyond standard medical-grade cleaning, Mason County shall be liable for Loss of Use: a daily facility-readiness fee equal to the "Facility Use Fee" for every day the Autopsy Suite remains unavailable for Kitsap County operations due to the remediation process. ATTACHMENT B COMPENSATION Mason County agrees to pay the following fees for Services provided by Kitsap County. Kitsap County will invoice Mason County for the Services provided, which Mason County will pay within 30 calendar days of receipt. The associated fees for each service represent the actual cost to Kitsap County. Service Provided Fee (Per body) Facility Use Fee (includes Consumable Supplies) $350.00 Xray Services $150.00 Extended Storage $50.00 per day Professional Cleanup Actual Costs Equipment Damage Actual Costs Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.3 From: Michael Collins Ext: 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): March 30, 2026 Agenda Date(s): April 14, 2026 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: County Road Project (CRP) 2075 Bear Creek Dewatto Road Improvement Project Background/Executive Summary: County Road Project (CRP) 2075 is a road improvement project on Bear Creek Dewatto Road from milepost 5.37 to milepost 8.45, 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 $1,189,000. Public Outreach: The resolution will be published in Shelton Journal. Requested Action: Request Board execute a resolution for County Road Project No. 2075, Bear Creek Dewatto 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 Agenda Request Form To: Board of Mason County Commissioners Item No. 8.4 From: Cassidy Krall for John Taylor Ext: 535 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 03/30/2026 Agenda Date(s): 03/31/2026 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Shelton Skate Park Contract Background/Executive Summary: Wherein the original contract agreement expires May 5, 2026, the Mason County Parks & Trails Department would like to request a recommendation from the Commission on whether to renew. The City of Shelton is planning on doing a structural analysis later this spring to determine the condition of the skate park. Budget Impact (amount, funding source, budget amendment, etc.): The County will pay the City $5,000.00 annually. Supporting document is the Skate Park Removal Estimation. Public Outreach: N/A Requested Action: Recommend whether or not to renew the Shelton Skate Park Contract. Attachment(s): New contract agreement proposed by the City of Shelton, Skate Park Removal Estimation. 1 | P a g e MASON COUNTY Parks & Trails 411 N 5th Street SHELTON, WASHINGTON 98584 Phone (360) 427-9670 (535) SUBJECT: Shelton Skate Park Remove Cost Estimating ITEM SIZE/# ACTION EST. COST $ Chain Link Fencing 705 LF Removing/Disposal 5,000.00 Ramps 7ea. Removing/Disposal 11,000.00 Concrete Slab 10,200 sqft. Removing/Disposal 102,000.00 Irrigation Repair 28,000 sqft. Replacement 5,000.00 Seeding 28,000 sqft. Hydroseed 4,000.00 TOTAL $127,000.00 / 2 / $63,500.00 INTERLOCAL AGREEMENT REGARDING SHELTON SKATE PARK OPERATIONS The Parties, the City of Shelton (“City”), Mason County (“County”), and the Shelton School District (“District”) enter into this Agreement under RCW 39.34.030, concerning operation of the Shelton Skate Park. WHEREAS, the Shelton Skate Park, located at 110 Wallace Kneeland Boulevard, occupies property owned by the Shelton School District; and WHEREAS, in 2014 the City agreed to take on the responsibility of operating the Skate Park from the Mason County Parks and Trails Department; and WHEREAS, the Parties wish to enter into this Agreement to clarify and extend each Party’s responsibilities with regard to the Skate Park; and WHEREAS, all the Parties are authorized by State law to enter into interlocal agreements for cooperative performance of duties. NOW, THEREFORE, the Parties agree as follows: LEASE OF SCHOOL DISTRICT PROPERTY The District and City will extend the existing lease agreement, which transfers use of the Skatepark property to the City, for an additional two years. The terms of the ground lease shall be set forth in the separate Lease Agreement. RESPONSIBILTY FOR OPERATIONS The City shall be responsible for operating the Skatepark, including as-needed maintenance. COUNTY SUPPORT OF OPERATIONS The County shall contribute up to but not exceeding five thousand dollars ($5,000) annually for operation expenses. The County shall provide sta` expertise on an as-needed basis for purposes such as structure and ramp repairs. REBUILD OF DEVELOPMENT OF NEW PARK The City and County shall mutually pursue grant opportunities and engage in other e`orts, including community fundraising, either to rebuild of the Skatepark at its current location, or to develop a new Skatepark at an alternative location. The Parties anticipate the City will assume operational responsibilities if a new Skatepark is developed. If needed, the Parties will execute an amended or new Interlocal Agreement to govern relative responsibilities for a rebuilt or new Skatepark. The City and the County agree that if, by the end of the two-year lease, funding has not been raised to either re-build or re-locate the Skatepark, the City and the County may negotiate an extension to this Agreement. Alternatively, the Parties may agree to jointly close and decommission the Skatepark. DECOMMISSION OF EXISITNG SKATEPARK If, at any time within the term of this Agreement or following expiration, the Parties mutually agree not to continue the Skatepark at the existing location, the fixtures shall be removed and the grounds restored to a condition agreeable to the District, with costs of removal and restoration split 50/50 between the City and the County. TERM The term of this Agreement shall commence immediately upon signatures of all Parties and continue in e`ect for a period of two years, unless terminated earlier. COMMUNITY CLEAN-UP The City and County shall cooperate in organizing community groups for maintenance and clean-up of the Skatepark as needed. INSURANCE AND INDEMNITY The City shall maintain property and liability insurance for the Skatepark in accordance with its customary coverages and limits. The City shall defend, indemnify, and hold the other Parties harmless from all claims, actions, and judgements arising from the City’s operation of the Skatepark, except for claims arising from the negligence or intentional actions of other Parties. TERMINATION Any Party may terminate its participation in the agreement with a minimum of 180 days prior written to the other parties, and in accordance with the termination provisions of the Lease Agreement. Provided, however, that if the Couty’s decision to terminate its participation in this Agreement results in closure of the Skatepark or termination of the City’s Lease with the District, the County and City shall share equally in the cost of any removal of improvements and site restoration that needs to be performed. NO SEPARATE LEGAL ENTITY By executing this Agreement, the Parties do not intend to form a separate legal entity. EFFECTIVE DATE This agreement shall be in full force and e`ect upon approval by the City, County and District o`icials signing below on behalf of all the Parties, following approval by each Part’s governing body in an open public meeting. ELECTRONIC POSTING Consistent with RCW 39.34.040, publication of this Agreement shall be achieved by posting the Agreement electronically on the City’s website. Dated this ____________ day of ____________, 2026 MASON COUNTY By_____________________________________ Chair Board of County Commissioners CITY OF SHELTON By______________________________________ Mark Ziegler, City Manager SHELTON SCHOOL DISTRICT By______________________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.5 From: Kim Monroe HR Director Ext: 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): March 30, 2026 Agenda Date(s): April 14, 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: Extension of Consultant Contract for Cabot Dow Background/Executive Summary: 1.This action extends the consulting contract with Cabot Dow for support during contract negotiations with County Labor Unions. 2. The extension retains services on an as-needed basis. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Not to exceed $20,000.00 Public Outreach: N/A Requested Action: Approval to extend the contract with Cabot Dow for consultant services through December 31, 2027, in the amount of $20,000. Attachment(s): Contract PROFESSIONAL SERVICES AGREEMENT AMENDMENT BY AND BETWEEN MASON COUNTY, WASHINGTON AND CABOT DOW INC WHEREAS, this Agreement Amendment is entered into by and between Mason County, Washington, hereinafter referred to as the “COUNTY” and Cabot Dow Inc, 2712 94th Avenue NE, Clyde Hill, WA 98004, a consultant providing labor relation services, hereinafter referred to as the “CONSULTANT”; and, WHEREAS, the COUNTY is required by RCW 41.56 to negotiate in good faith with regard to the terms and conditions of successor labor contracts with bargaining units of COUNTY employees; and, WHEREAS, RCW 36.16.070 states “…the Board shall fix the compensation of all employees”; and, WHEREAS, the COUNTY is needing an extension of the Professional Services Agreement through December 31, 2027 and revision of the Scope of Work (Exhibit A); and, NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties agree to amend the original Professional Services Agreement for an amount not to exceed $20,000. DATED this ___ day of _______________, 2026. COUNTY OF MASON CONSULTANT Travis Adams, County Administrator Cabot Dow, Consultant Date Date APPROVED AS TO FORM Tim Whitehead, Chief Deputy Prosecuting Attorney EXHIBIT A SCOPE OF WORK Labor Relations Consultation Services Under the direction of authorized COUNTY agents: 1. Consult on appropriate labor contract language, considering COUNTY operational needs, Council Labor Policy, area trends and applicable law. 2. Advise COUNTY on labor policy, ground rules and parameters for labor negotiations. 3. Participate as member of COUNTY'S negotiations team, which may include: a. Meet with elected officials, department heads and management (as required) and County Administrator in labor policy formulation. b. Advise on the development of the County’s economic proposals, evaluation of Union economic proposals, including costing proposals and counter p proposals, using COUNTY finance information. c. Assisting in the analysis of market value data relevant to the County’s economic position and total compensation strategy. 4. Assist COUNTY in mediation proceedings, including development of related preparations of exhibits, position papers and rebuttal to Union positions and proposals at issue. 5. Other labor relations assignments as may be deemed appropriate by the COUNTY Administrator or his/her designee(s) during the course of bargaining. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.6 From: Kell Rowen Ext: 286 Department: Community Development Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 3/23/2026, 4/6/2026 Agenda Date(s): 4/14/2026 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Set a public hearing for May 12, 2026 to consider amendments to Title 17 Zoning Code, Chapter 17.05, Section 17.05.034 – Granting of variances authorized. Background/Executive Summary: Since zoning was implemented in the County (circa 1990s) the development regulations have allowed for administrative variances – under certain circumstances –to reduce the minimum setback from property lines to a minimum of 10 feet for front and rear yards (otherwise 25 feet and 20 feet respectively), and a minimum of five (5) feet for side yards (otherwise 20 feet). Administrative variances are processed and approved or denied during building permit review by the designated planner. DCD issues, on average, 180 applications per year. As the County continues to grow, staff has seen an increase in property line disputes, which is a civil matter. The County does not require surveyed property lines for building permit applications. This amendment would require a survey of the property line/s (unless survey markers can be identified) if applicants are requesting the reduced setbacks. In lieu of a survey, the County would accept an affidavit signed by the property owner/s of the shared property line – recorded to Title – acknowledging the location of the property line. This proposal will reduce the potential for boundary disputes and minimize staff time spent informally mediating property line disagreements between neighboring property owners. Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: Public Hearing notice as required for Planning Advisory Commission and Board. Also posted on PAC webpage and in Board agenda and website. Requested Action: Set a public hearing for May 12, 2026. Attachment(s): Proposed amendments to MCC 17.05.034; DRAFT Affidavit in Lieu form; NOH NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, May 12, 2026, at 9:15 A.M. SAID HEARING will be to consider adopting the following amendments: • Proposed amendments to Mason County Code (MCC) Title 17, Chapter 17.05; Section 17.05.034 - Granting of variances authorized. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 14th day of April 2026 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ Clerk of the Board c: Journal - Publish 2x: April 30 and May 7, 2026 (Bill: Community Development – 615 W. Alder, Shelton, WA 98584) Created: 2024-12-12 09:00:07 [EST] (Supp. No. 69, 11-24) Page 1 of 1 17.05.034 Granting of variances authorized. (a) The hearing examiner shall have the authority to grant a variance from the provisions of this chapter when, in their opinion, the conditions set forth in Section 17.05.036 have been met. The hearing examiner shall have the authority to attach conditions to any such variance when, in their opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this chapter is maintained. (b) The administrator shall have the authority to grant a variance from the provisions of this chapter when the granting of such variance will result in a measurable deviation of ten percent or less from the provisions set forth in this chapter. In issuing such variance, the administrator shall make a positive determination that the conditions set forth in Section 17.05.035 have been met. The administrator shall have the authority to attach conditions to any such variance when, in his (her)their opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this chapter is maintained. (c) The administrator may allow a reduction in the required front yard setback or rear yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5, 2002, that are parcels designated as Rural Residential 2.5, Rural Residential 5, Rural Residential 10, Rural Residential 20, or Rural Multi-Family; and where physical attributes of the lot (such as steep slopes, wetlands, streams, soils, shorelines; lot width at the front yard line of no more than fifty feet or lot size of no more than one-quarter acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the twenty -five-foot front yard setback or twenty-foot rear yard setback standards. The front yard setback or rear yard setback shall be the minimum necessary to accommodate a reasonable development proposal, but not less than ten feet distance from the property line or road access easement boundary. The administrator shall document in the property filepermit system the rationale for the administrative variance decision. A survey of the subject property line/s shall be required unless survey markers can be identified. A signed affidavit by all affected (adjacent) property owners will be accepted in lieu of survey and shall be recorded to each affected property. (d) The administrator may allow a reduction in the required side yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5, 2002 that are parcels designated as Rural Residential 2.5, Rural Residential 5, Rural Residential 10, Rural Residential 20, or Rural Multi-Family; and where physical attributes of the lot (such as steep slopes, streams, wetlands, shorelines, and soils; lot width at the front yard line of no more than fifty feet or lot size of n o more than one-half acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the twenty-foot side yard setback standard. The variance to the side yard setback shall be the minimum necessary to accommodate a reasonable development proposal. This side yard setback shall not be less than five feet distance from the property line. The administrator shall document in the property file the rationale for the administrative variance decision. A survey of the subject property line/s shall be required unless survey markers can be identified. A signed affidavit by all affected (adjacent) property owners will be accepted in lieu of survey and shall be recorded to each affected property. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.7 From: Ian Tracy Ext:544 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): April 6, 2026 Agenda Date(s): April 14, 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: Contract - Hood Canal Regional Pollution Identification and Correction Program Phase 5 Background/Executive Summary: This contract with the Hood Canal Coordinating Council provides funding to conduct pollution identification and correction work in the regions of Mason County that drain into Hood Canal. This work will include surveys, surface water sampling, public education, on-site septic maintenance surveillance, coordination meetings with area partners, and distribution of 50 on-site septic maintenance rebates. The end date for this contract is June 30, 2027. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): Contract total $388,500.00 Public Outreach: Mailers will be sent to targeted areas, notifying residents of the project and the presence of our staff. Requested Action: Move to Action Agenda. Permission for the Chair to sign the contract with Hood Canal Coordinating Council. Attachment(s): Contract Hood Canal Coordinating Council Jefferson, Kitsap & Mason Counties; Port Gamble S'Klallam & Skokomish Tribes 17791 Fjord Drive NE, Suite 118, Poulsbo, WA 98370 HCCC & Mason County Public Health Agreement Page 1 CONTRACT AGREEMENT BETWEEN HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY PUBLIC HEALTH THIS AGREEMENT is a subaward and is between Hood Canal Coordinating Council (HCCC), located at 17791 Fjord Drive, NE, Suite 118, Poulsbo, WA 98370, and Mason County Public Health (Subrecipient), with an address of 415 N 6th Street, Shelton, WA 98584, and is made effective as of the date of execution. HCCC and Subrecipient are also referred to as the “Parties” and each as a “Party.” The Parties to this Agreement agree as follows: 1) DEFINITIONS. For purposes of this Agreement, the term: a) “Hood Canal Coordinating Council” means Hood Canal Coordinating Council, also referred to as HCCC, a Washington Corporation, and its members, directors, officers, employees, and agents; b) “Subrecipient” means the Subrecipient and its directors, officers, employees, agents, and subcontractors; and c) “Contract Representative” means the person designated below and incorporated by reference, to serve as representative of HCCC and the Subrecipient for purposes of administration of this Agreement. d) “Effective Date” is the date of execution, unless otherwise specified in the agreement Term. The date of execution is the last date of signature of the parties to the agreement. 2) SERVICES TO BE PERFORMED AND DELIVERABLES. The Subrecipient agrees to provide services as described in Exhibit A, in accordance with applicable professional standards and the applicable Funding Source Programmatic Conditions referenced in Exhibits A and/or B. 3) COMPENSATION. a) Subrecipient agrees to comply with all applicable rules and regulations associated with the funds from the Funding Source. b) Except as provided herein, HCCC agrees to pay Subrecipient on a monthly basis following receipt of an invoice documenting services rendered and costs incurred, in a manner and amount stipulated in Exhibit A. Subrecipient shall submit the final invoice, HCCC & Mason County Public Health Agreement Page 2 or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement, or as otherwise stated in Exhibit A. c) Allowable Costs. i) Travel Expenses. HCCC agrees to reimburse Subrecipient up to the amount stipulated in Exhibit A for travel expenses (which may include per diem). HCCC shall reimburse Subrecipient for travel expenses in accordance with federal travel regulations. Payment for expenses over the category amount will not be honored without prior approval of HCCC’s Contract Representative. International travel requires advance pre-approval. ii) Other Expenses. HCCC agrees to reimburse Subrecipient for miscellaneous expenses specified in Exhibit A, provided those costs are allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance, 2 CFR Part 200. Any request over the category amount will not be honored without prior approval by HCCC’s Contract Representative. d) Unallowable Costs. i) Management fees or similar charges in excess of the direct costs are not allowable. ii) If Subrecipient expends more than the amount of its approved budget in anticipation of receiving additional funds, it does so at its own risk. HCCC is not legally obligated to reimburse Subrecipient for costs incurred in excess of the approved budget. e) Invoice. Subrecipient’s invoice shall indicate dates of service and time spent on that date, a description of work performed, and personnel expenses in providing service under this Agreement. The invoice shall include receipts for purchases of any approved supplies or lab services, and any required documentation for approved travel expenses incurred by Subrecipient in connection with performance under this Agreement. i) Invoices should be sent to via email to: admin@hccc.wa.gov. For alternative delivery options, please contact an HCCC Contract Representative. ii) Invoices must be submitted by a representative of the Subrecipient who has the Subrecipient’s full authority to render such reports and requests for payment and certify to the following at time of submission: By signing this payment request, I certify to the best of my knowledge and belief that the payment request is true, complete, and accurate. The expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. 18 USC 1001 and 31 USC 3729-3730 and 3801-3812. 4) TERM. The term of this Agreement commences on the Effective Date, and continues until June 30, 2027 as stipulated in Exhibit A, or until terminated by the Parties. In the event HCCC & Mason County Public Health Agreement Page 3 funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, HCCC may terminate the contract under the “Term” clause without a notice requirement. No work shall commence under this Agreement until it is fully executed by both Parties. 5) SUBCONTRACTING. Subrecipient may not subcontract without prior written approval by the HCCC. Additionally, the Subrecipient is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this contract are carried forward to any subcontracts. 6) TRAINING. Subrecipient acknowledges that no training will be provided by HCCC to Subrecipient under this Agreement. Subrecipient warrants and represents that its personnel are fully trained to perform services required under this Agreement and that additional training provided by HCCC will be unnecessary. 7) BUSINESS LICENSES AND TAXES. a) Subrecipient shall, at its own expense, secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorization, and comply with all applicable Federal, State and local regulations. b) Subrecipient shall be responsible for payment of taxes, insurance and other obligations relating to its performance of services under this Agreement. c) If requested, Subrecipient shall provide HCCC with verification of its: i) Unified business identifier number from the State of Washington and that its business license is in good standing; ii) Washington State Department of Revenue account status as active and current; iii) Washington State Labor and Industries account in current status or that the Subrecipient is exempt from the state’s industrial insurance requirements; iv) Unique Entity Identifier (UEI) Number; and v) Central Contractor Registry (CCR) active status through SAM.gov. d) All other necessary licenses and permits to perform the work specified in Exhibit B. 8) SUBRECIPIENT STATUS. a) Subrecipient shall act as an independent entity, and in no way shall be considered an employee of HCCC. Subrecipient is not required to report to HCCC’s offices at any specific time, except as may be requested for occasional consultations. HCCC does not have the right to assign any additional projects to Subrecipient. Subrecipient shall choose the time and manner for performing each part of the services described in Exhibit A according to its own routines and schedules, independent from HCCC’s normal business operations. b) Subrecipient acknowledges that Subrecipient will not qualify for benefits which may be available if classified as an employee. In the event that the Internal Revenue Service HCCC & Mason County Public Health Agreement Page 4 (IRS) successfully asserts that Subrecipient is not or was not an independent entity for any period during the term of this Agreement and reclassifies Subrecipient as an employee, Subrecipient agrees to complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form 4670 “Request for Relief From Payment of Income Tax Withholding”) to offset against HCCC’s withholding obligation. c) Subrecipient acknowledges that it will be liable to HCCC for any industrial insurance premiums or any other premiums or fees that HCCC is required to pay on its behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance, to the State of Washington or local jurisdiction. 9) NON-EXCLUSIVE CONTRACT. This Agreement is non-exclusive. Subrecipient reserves the right to perform services for others during the term of the Agreement. 10) MATERIALS AND EQUIPMENT. Subrecipient shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that if “Other Expenses” have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Subrecipient as part of this Agreement. Materials and equipment includes, but is not limited to, appropriate safety plans and personal protective equipment to employees to address continued performance under the contract where such continued performance can be done in compliance with Federal, State or local requirements. Any materials and equipment to be purchased or provided by the Subrecipient will be indicated in Exhibit A - Scope of Services. 11) INDEMNIFICATION. a) To the fullest extent permitted by law, Subrecipient hereby indemnifies and holds HCCC harmless from any and all loss, damage, suits, liability, claims, demands or costs, whatsoever, whether arising at law or in equity, or sounding in tort, contract or other causes of action arising from any claim or liability resulting from Subrecipient’s performance of services described in Exhibit A under this Agreement, except to the extent caused by the negligence of HCCC. b) Subrecipient hereby indemnifies and holds HCCC harmless from any additional taxes, interest and penalties due from Subrecipient or HCCC resulting from reclassification in the event the IRS or any state or local taxing authority successfully asserts that Subrecipient is not or was not an independent entity for any period during the term of this Agreement and reclassifies Subrecipient as an employee. 12) INSURANCE. Subrecipient shall provide HCCC with a certificate of insurance for each insurance provision required in this section. The certificate of insurance shall be effective during the duration of this agreement. HCCC may require that the certificate of insurance name HCCC as an additional insured party. Subrecipient shall also require all of its subcontractors to maintain the same type and level of insurance as required in this section and provide certificates of insurance to HCCC as required in this section. Subrecipient shall, HCCC & Mason County Public Health Agreement Page 5 at its own expense, acquire and maintain the following insurance throughout the term of the Agreement: a) Commercial Automobile Liability Insurance, required if claiming mileage, covering all owned, non-owned and hired automobiles, trucks and trailers. Such insured shall provide the Standard Comprehensive Automobile Liability policy in limits not less than $1,000,000 Combined Single Limit; b) Commercial General Liability Coverage Insurance, with not less than the following limits: $1,000,000 for each occurrence limit, $1,000,000 for personal injury limit, $2,000,000 general aggregate limit; c) Professional Liability Insurance if required by state, industry, or similar regulations, in an amount not less than $1,000,000 per claim and in the aggregate; and d) Workers’ Compensation coverage to the extent it is required by law. e) Notwithstanding the forgoing, Subrecipient maintains a system for self-insurance that meets the requirements of this Insurance section. 13) CONFIDENTIALITY. Information produced or made available to the Subrecipient shall not be disclosed to others or used for any other purpose, except as required or agreed under this contract or by law, without prior written approval by HCCC. 14) OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. Unless otherwise required by the Funding Source, all data and products developed under this contract, excluding copyrighted material used with permission, or other public data that cannot be copyrighted, shall become the sole property of HCCC and its assigns. Permission for its subsequent use must be obtained from HCCC prior to that use. Any alteration of the data by HCCC for purposes other than those intended by this Agreement shall be at HCCC’s sole risk and without legal liability upon the Subrecipient When applicable, precedent shall be given by the parties to Federal statutes and regulations for use of Copyrighted Material and Data, including 2 CFR 200.315 regarding Intangible Property. 15) PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. a) Subrecipient gives HCCC the right and authority to publicize HCCC’s financial support for this Agreement and the Project in press releases, publications and other public communications. Subrecipient agrees to: (i) give appropriate credit to HCCC and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions below; and (ii) include the disclaimer provided for in (b). Subrecipient must obtain prior HCCC approval for the use relating to this Agreement of the HCCC logo or the logo of any Funding Source. b) Disclaimers. Payments made under this Agreement do not by direct reference or implication convey HCCC’s endorsement nor the endorsement by any other entity that HCCC & Mason County Public Health Agreement Page 6 provides funds through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer: i) For Projects funded in whole or part with Federal funds: “The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the Hood Canal Coordinating Council and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the Hood Canal Coordinating Council or its funding sources.” ii) For Projects not funded with Federal funds: “The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the Hood Canal Coordinating Council or its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the Hood Canal Coordinating Council or its funding sources.” 16) INSPECTION AND RETENTION OF RECORDS. The Subrecipient shall make all applicable financial records, supporting documents, and all other pertinent records related to this Project available to HCCC, the State of Washington, the U.S. Government, or any of their duly authorized representatives for inspection. Records shall be retained for a period of six (6) years following the date of final payment. These records shall be made available for review or audit by duly authorized personnel so authorized by law, regulation or agreement. 17) NONDISCRIMINATION. By signing this Agreement, the Subrecipient certifies that it is in compliance with all state and federal nondiscrimination requirements, and Subrecipient agrees to continue to be in compliance with all state and federal nondiscrimination requirements. Subrecipient agrees to comply fully with applicable civil rights statutes and regulations, including Title IV of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Drug Abuse Office and Treatment Act of 1971, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Title VIII of the Civil Rights Act of 1968, and the American Disabilities Act. During the term of this Agreement, the Subrecipient shall not discriminate on the bases enumerated at RCW 49.60.530(3), including: age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification. In accordance with 40 CFR Part 33 Appendix A, the Subrecipient shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Subrecipient shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies HCCC & Mason County Public Health Agreement Page 7 18) PREVAILING WAGE. The Subrecipient agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with provisions of the Davis-Bacon Act (40 USC 3141–3148), Contract Work Hours and Safety Standards Act (40 USC 3701-3708), other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. 19) APPLICABLE LAW. This Agreement shall be construed and enforced under the laws of the State of Washington, irrespective of the fact that any one of the Parties is now or may become a resident of another state. Venue for any action under this Agreement shall lie in Kitsap County, Washington. 20) MODIFICATION. This Agreement may not be waived, discharged or modified in any manner other than by written agreement of the Parties. 21) SEVERABILITY. No provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be unenforceable for any reason, the party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire Agreement to be null and void. 22) FORCE MAJEURE. Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Party. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notice of a Party’s failure or delay in performance due to force majeure must be given to the unaffected Party promptly thereafter but no later than five (5) days after its occurrence which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute. Notwithstanding the foregoing, should the event(s) of force majeure suffered by a Party extend beyond a six-month period, the other Party may then terminate this Agreement by written notice to the non-performing Party, with the consequences of such termination as if this Agreement had expired (and was not terminated) in accordance with other provisions herein. 23) TERMINATION. Either party may terminate this Agreement with 30 days written notification to the other party. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this HCCC & Mason County Public Health Agreement Page 8 Agreement prior to the effective date of termination. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. HCCC shall have the right to terminate this Agreement in whole or in part at any time, if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 24) WAIVER. If either party fails to exercise its rights under this Agreement, it shall not be precluded from subsequent exercise of its rights. A failure to exercise rights shall not constitute a waiver of any other rights under this Agreement, unless stated in a letter signed by authorized representative of the party and attached to the original agreement. 25) COSTS AND ATTORNEYS FEES. If either party brings any action against the other for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover against the other party all costs and reasonable attorneys’ fees, including costs and reasonable attorneys’ fees incurred to enforce any judgment rendered pursuant to this Agreement. 26) CERTIFICATIONS AND ASSURANCES RELATING TO FEDERAL FUNDS (if applicable). If the Funding Source, including any secondary funding source, is paid with federal funds, the Subrecipient must comply with the following. a) Uniform Guidance. Subrecipient must comply with the Uniform Guidance (2 CFR Part 200) to the extent applicable to Subrecipient as a non-Federal entity receiving a federal award. With respect to cost principles: Non-Profit Organizations, Institution of Higher Education, State, Local or Tribal Government, must comply with the Cost Principles of the Uniform Guidance, 2 CFR Part 200 Subpart E; and Commercial (for-profit) organizations must comply with Title 48 Chapter 1 Subchapter E Part 31. No funds provided pursuant to this Agreement may be used to support any activities not authorized under this Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. b) Audit Requirements. Subrecipient may be required to comply with the Federal Audit Requirements found in 2 CFR 200.500 Subpart F. c) Lobbying and Litigation (2 CFR 200.450). i) No funds under the Agreement may be used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. ii) Restrictions on Lobbying. In any subcontract over $100,000, Subrecipient shall require that subcontractors submit certification and disclosure forms in accordance with the Byrd Anti-Lobbying Amendment, 31 USC 1352. Any Subrecipient who makes a prohibited expenditure or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than HCCC & Mason County Public Health Agreement Page 9 $100,000 for each such expenditure. According to 40 CFR Part 34, if contract, grant, or agreement exceeds $100,000, Subrecipient shall complete a Certification Regarding Lobbying (CFR Appendix A to Part 34) or EPA Form 6600-06, available at: https://www.epa.gov/system/files/documents/2021-08/epa_form_6600_06.pdf. See also CFR Appendix B to Part 34: Disclosure of Lobbying Activities. d) Debarment and Suspensions. Unless Subrecipient has submitted a written justification fourteen (14) days prior to execution of this Agreement, stating the reason that this term does not apply, which has been expressly accepted and approved by HCCC prior to execution, by signing this Agreement, Subrecipient warrants and represents its initial and continued compliance that it is not listed on the General Services Administration’s, government-wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), “Debarment and Suspension.” The Subrecipient further provides that it shall not enter into any subaward, contract or other Contract using funds provided by HCCC with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at SAM.gov. e) Drug-Free Workplace Certification. Subrecipient shall make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in CFR Part 1536 Subpart B. Subrecipient shall identify all known workplaces under this Agreement, and keep this information on file during the performance of the Agreement. Subrecipients who are individuals must comply with the drug-free provisions set forth in 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 CFR Part 1536 Subpart E. f) Reducing Text Messaging while Driving, Executive Order 13513. Subrecipient is encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. g) Disadvantaged Business Enterprise. Subrecipient agrees to good faith efforts whenever procuring construction, equipment, services and supplies in compliance with the requirements of 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in United States Environmental Protection Agency Programs. Subrecipient must receive permission from HCCC to sub-contract with another entity. h) Additional Responsibility Matters. By signing this Agreement, Subrecipient warrants and represents that it is not subject to the below circumstance. i) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. HCCC & Mason County Public Health Agreement Page 10 i) Certification and Representation. Subrecipient must submit those certifications and representations required by Federal statutes, or regulations to HCCC on an annual basis. Submission may be required more frequently if the Subrecipient entity fails to meet a requirement of a Federal award. 27) COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, after execution by all Parties hereto, shall together constitute the Agreement. The parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the day and year signed by the Hood Canal Coordinating Council Executive Director below. Hood Canal Coordinating Council Mason County Public Health ________________________________ _________________________________ David D. Dicks, Executive Director [Signature] _________________________________ [Print Name] _________________________________ [Title) _________________________________ [Date] Approved as to form: ________________________________ [Signature] _________________________________ [Print Name] _________________________________ [Title) _________________________________ [Date] This Agreement is made effective as of the last date of signature of the parties to the Agreement. HCCC Contract Agreement—Exhibit A Page 1 EXHIBIT A Independent Consultant Scope of Services Hood Canal Regional Pollution Identification and Correction Program – Phase 5 Contractor: Mason County Public Health Description of Services Mason County Department of Environmental Health will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program’s Phase 5, as described below. The following project information is excerpted from HCCC’s base agreement scope of work with WA State Department of Health (DOH): Subrecipient Organization Name: Hood Canal Coordinating Council Unique Entity Identifier: SU99NKLLC1A3 Other Specific Organization Info (e.g., Statewide Vendor#, UBI, Federal Tax ID): UBI: 602 080 310 EIN: 91-2085994 WA statewide Vendor No.: 0011386-00 WA Secretary of State Registration No.: 1127145 Subrecipient Contacts: Grant Manager: Haley Harguth; hharguth@hccc.wa.gov; 360-328-4625; 17791 Fjord Dr NE, Ste 188, Pouslbo, WA 98370 Grant Admin: Jennifer Poole, jpoole@hccc.wa.gov, 360-900-9063, 17791 Fjord Dr NE, Ste 188, Pouslbo, WA 98370 Fiscal Office: Jennifer Poole, jpoole@hccc.wa.gov, 360-900-9063, 17791 Fjord Dr NE, Ste 188, Pouslbo, WA 98370 Authorized Contract Signatory: David Dicks, ddicks@hccc.wa.gov, 360-620-7639, 17791 Fjord Dr NE, Ste 188, Poulsbo, WA 98370 Shellfish Strategic Initiative Lead (SSIL) Contacts: Contract Manager: Megan Schell; megan.schell@doh.wa.gov; 360-236-3307 NEP Administrative Assistant: Theo Jones; theo.jones@doh.wa.gov; 360-236-3355 Effective Date: DOE Expiration Date: June 30, 2027 Not to Exceed: $ 807,988 Contract Number CBO31198 FFY Funding Year FY24 Strategic Initiative Shellfish HCCC Contract Agreement—Exhibit A Page 2 Vital sign links Shellfish Implementation Strategy alignment Shellfish Amount of dollars leveraged $1,373,000 Number of positions supported 21 Project Location: Latitude/Longitude 47°36'23.5"N 122°57'04.2"W OVERVIEW The Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program works to protect and restore water quality by cleaning up and preventing bacterial and nutrient pollution from human and animal waste that impact our ecosystem and threaten public health, our economy, and wellbeing. HCRPIC Program - Phase 5 includes support for water quality protection activities that excel when each component is working effectively and in coordination: • Pollution identification and correction fieldwork • Regional coordination • Skills and knowledge advancement • Outreach and education • Agricultural pollution mitigation • Climate resilience planning for OSS The HCRPIC Program has operated for over 12 years under the Hood Canal Coordinating Council (HCCC), contributing to its mission to work with partners and communities to advance a shared a regional vision to protect and recover Hood Canal’s environmental, economic, and cultural wellbeing. HCCC is a council of governments formed in 1985 in response to community concerns about water quality problems and related natural resource issues in the Hood Canal watershed. Its members consist of Jefferson, Kitsap, and Mason Counties, and the Port Gamble S’Klallam and Skokomish Tribes. The HCRPIC was developed and Phases I – IV were implemented with past EPA Geographic Funds aka “NEP” grant funding Phase 5 will continue to build on this strong collaborative foundation, as program partners refine and advance their approaches to the essential work of maintaining and improving water quality by reducing bacterial and nutrient pollution. Priority areas will be identified at the start of Phase 5, where work will build on current progress toward water quality upgrades, including in Annas Bay, Tahuya, Lilliwaup, and Duckabush areas. Additional agricultural technical assistance support will help meet the increased demand for these services in south Hood Canal. Mason Conservation District (MCD)’s activities in this grant will further support their work funded under the Mason County Partnership for Clean Water and improve coordination between both programs. Expanded outreach and education efforts will target specific audiences to improve water quality understanding among K-12 students and vacation homeowners and users. New training opportunities will advance partners’ data-informed approaches and utilization of new tools to improve pollution investigation efficiency, as well as cross-jurisdictional learning to increase available HCCC Contract Agreement—Exhibit A Page 3 laboratory capacity, a critical need in Jefferson County, and address a common challenge for improved approaches to management of mobile discharges from RVs and boats. Partners will workshop a regional approach to address the threat of sea level rise inundation of shoreline OSS and learn from experts about current data needs and existing resources to inform potential changes in policy or programmatic activities. GOALS & MEASURABLE OBJECTIVES Key metrics and measures of contract activities This table is a component of the FEATS report. Description (e.g., “shellfish beds reopened”) Units (e.g., “acres”) Targets (e.g., “number”) Upgrade and/or maintain shellfish growing areas in watershed assessment growing areas Acres 378 * Number of OSS failures identified OSS failures 5 Number of OSS failures corrected OSS corrections 5 OSS maintenance rebates delivered Rebates 60 Number of students educated Students 1400 Number of agricultural properties advised Cases 30 Number of agricultural best management practices (BMPs) projects administered BMP projects 15 *Target for Acres was corrected to 392, listed as 492 in error on original Exhibit A, and reduced to 378 to reflect updated conditions at the time of executing this sub-contract agreement. HCCC’s full HCRPIC Program Ph. 5 grant agreement with WA DOH is linked here. The task numbers below match HCCC’s base grant scope of work. Tasks & Deliverables Task 2: Data Reporting Task 2.5 - Water Quality Exchange (WQX) Reporting The Water Quality Exchange (WQX) is the tool for data partners to submit monitoring data to EPA. If the subrecipient collects any physical, chemical, or environmental data (e.g., dissolved oxygen, water temperature, salinity, turbidity, pH, phosphorous, total nitrogen, E. coli or enterococci, and other biological and habitat data), then the subrecipient’s QAPP will specify data to be reported through WQX. Data for a calendar year (Jan 1 – Dec 31) must be submitted at least annually. See WQX information, including tutorials, at https://www.epa.gov/waterdata/water-quality-data- wqx. HCCC Contract Agreement—Exhibit A Page 4 Task 2 Deliverables: Task Deliverable Description Due Date 2.5 WQX Data Reporting At least annually by December 31 Task 3: HCRPIC Program Coordination and Administration 3.1: Support HCRPIC Program coordination, providing technical expertise and advice as needed. This task includes: collaboration with program partners to reinforce shared protocols and clarify work flows, prepare the Phase 4 Workplan and track progress, preparation of invoices and progress reports for project coordinators, coordination of County staff working toward Phase 5 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach materials. Project Coordination Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC Program protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. HCRPIC Guidance Group The Guidance Group consists of water quality partners from Hood Canal’s local health jurisdictions, tribal governments, conservation districts, restoration non-profits, and the WA Departments of Health and Ecology. The Guidance Group provides oversight and guidance for all HCRPIC Program activities, a structure for consistent procedures across the PIC program, and a space for cross-jurisdictional sharing of information and collaborative problem solving. It will also provide a regular venue for ongoing learning activities outlined in Task 3.2, and coordination of outreach and education efforts, and climate resilience planning. HCRPIC Program partners will meet approximately quarterly, or as needed, throughout the project duration to report on progress toward grant objectives. At Guidance Group meetings, partners will: - Report on Ph 5 Workplan implementation, including progress updates toward grant deliverables, including: o Shoreline miles surveyed o Pollution hotspots identified o Ongoing water quality investigations o Site surveys completed, and their outcomes (dye tests completed, sources identified, repairs needed, etc.) HCCC Contract Agreement—Exhibit A Page 5 o Pollution sources identified o Referrals to partner agencies for agricultural pollution sources, enforcement cases, Craft3, Shore Friendly, etc. o Progress of pollution source corrections o OSS failures repaired o OSS repair rebates distributed o Parcels opened o Shellfish Growing Area upgrades - Present opportunities for shared learning and problem solving o Requests for advice and assistance o Success stories and lessons learned - Share upcoming events, new opportunities for collaboration, and ideas for continued learning - Present hotspots for closure following protocol described in HCRPIC Guidance Document. - Participate in communications effort and development of educational video targeting rental homeowners and users - Participate in workshop exploring climate resilience planning for shoreline OSS - Discuss HCRPIC Program communications products and contribute to final report development HCRPIC Ph. 5 Workplan HCCC will coordinate with HCRPIC partners to collaboratively develop the HCRPIC Phase 5 Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring and property surveys, targeting areas of known pollution hotspots, or facing shellfish growing area downgrades. The Phase 5 Workplan will be informed by current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 4. The Phase 5 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. HCRPIC partners will provide technical support as needed in the development of the program QAPP and Ph. 5 Workplan. Field work activities cannot begin until the HCRPIC Phase 5 Workplan is completed and the QAPP is approved. Progress Reporting Consultant will submit monthly progress reports by the 15th of the following month describing progress toward deliverables. - HCRPIC Program Progress Report Template (linked here). - Submit progress reports to: HCRPIC Program Coordinator (hharguth@hccc.wa.gov) HCCC Contract Agreement—Exhibit A Page 6 Invoicing Submit monthly invoices by the 15th of the following month documenting expenses incurred during the reporting period, including personnel expenses, and receipts for any purchased supplies or lab services. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress and reporting toward completion of project deliverables. Final invoice: Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Communicate any concerns to HCRPIC Program Coordinator that spending progress is not on track. - Send invoices via e-mail to: admin@hccc.wa.gov - Include in the subject line: HCRPIC Program Invoice, [Your Entity], [Month of Invoice] 3.2 Skills & Knowledge Advancement Guidance Group Workshops/Trainings HCRPIC Program partners will pursue the following training topics to advance skills and inform our approach to Hood Canal water quality protection. Timelines and workplans for each of these activities will be developed in Guidance Group meetings and documented in the HCRPIC Phase 5 Workplan. - Improved data analysis techniques to inform monitoring approaches: The Skokomish Tribe’s water quality staff have developed an approach using the data analysis software R that links to water quality database tools and automates data analysis to inform efficient workplanning for pollution monitoring and investigation activities. Two workshops will be planned and conducted to share knowledge and train practitioners how to set up these analytical tools. The data analysis software used (R) is open source and free. Jefferson County will hire a technical contractor to integrate R routines into the County’s Water Quality Database. - R-card trial in PIC fieldwork: HCRPIC partners will trial the use of R-Cards as a bacterial testing method and evaluate its efficacy and potential applications compared to standard bacterial analysis to determine whether it is a viable option to improve efficiencies and reduce costs for water quality screenings. The Guidance Group will develop a trial and evaluation protocol to include a focused workshop to discuss conclusions and determine next steps for its future application to regional water quality work. - Mobile discharge management BMPs: HCRPIC partners will participate in a focused workshop to share across jurisdictions and learn from external partners (e.g. DNR’s derelict vessel program, mobile pumpout programs) about best practices and available resources to address the challenge of mobile wastewater discharge from RVs and boats. Shared management recommendations will be developed to inform each jurisdiction’s ongoing management of these challenging pollution sources. HCCC Contract Agreement—Exhibit A Page 7 Puget Sound PIC Workshops Partners will attend the DOH facilitated regional PIC meetings and workshops to share information with and learn from other water quality practitioners across Puget Sound and look for opportunities to adapt and improve HCRPIC Program operations. Mapping and Data Analysis Support Mason Conservation District (MCD) will provide mapping and data analysis support for HCRPIC partners, as capacity allows, including assisting Mason County’s tracking of water quality data on their publicly available ambient monitoring map (linked here) and to inform their monitoring approach. Task 3 Deliverables: Task Deliverable Description Due Date 3.1 - Report on program coordination activities in progress reports - Attend quarterly Guidance Group meetings - Contribute to Workplan and QAPP development Included in progress reports 3.1 Monthly invoices 15th of the following month 3.1 Monthly Progress Reports 15th of the following month 3.2 - Report on participation in collaborative training activities in monthly progress reports - Attend Puget Sound Regional PIC Workshops hosted by DOH Included in progress reports Task 4: Water Quality Fieldwork 4.1 PIC Field work Local health jurisdiction staff from Mason County will conduct shoreline water samples and pollution investigations to identify sources of E. coli bacteria. Once a source is identified, the LHJs will conduct parcel surveys, and work with homeowner on corrective action(s) to mitigate the source. All pollution identification data paid for by the grant will be shared with state or federal agencies upon request. Within the PIC project area Mason County will conduct pollution source follow-up, technical assistance, and enforcement. HCCC Contract Agreement—Exhibit A Page 8 An updated Phase 5 Workplan will be developed before fieldwork initiates (see Phase 4 Workplan). At the start of each phase, Guidance Group partners assess current water quality conditions (shellfish bed downgrades, parcel closures, and other known pollution hotspots) to determine the Priority Areas of focus for upcoming PIC work and the current issues to address in each area. The updated list of Priority Areas will be documented in the Phase 5 Workplan. Shellfish bed upgrades will be targeted in: - Mason County: 186 acres total o Hood Canal 6 - Tahuya: 30.7 acres (restricted area) o Annas Bay: 155 acres (conditional closure area) HCRPIC Program partners adhere to technical guidelines and procedures described in the Quality Assurance Project Plans (QAPPs) approved under each phases’ NEP grants (Phase 3 QAPP; Phase 4 QAPP Addendum) and outlined in the program’s Workplan and Field Guide. The HCRPIC Field Guide, based on QAPP approved protocols, was established in Phase 3, updated in Phase 4, and will be assessed for any necessary updates at the start of Phase 5 based on the new Phase 5 QAPP. The HCPRIC Program Field Guide includes protocols for: water quality standards and criteria, monitoring data collection and management, water sample collection and chain of custody for transporting samples, pollution hotspot investigation process and prioritization, property inspection instructions and rating classifications, dye testing determination matrix, pollution source correction recommendations and resources, and reporting. Task 4 Deliverables: Task Deliverable Description Due Date 4.1 PIC Data Reports: 1. Provide verbal updates of water quality work and progress toward deliverables at Guidance Group meetings (reported in meeting summaries), and 2. Submit regular data reports to HCRPIC Program coordinators (format and frequency to be determined in Ph. 5 Workplan). PIC Fieldwork deliverables: - Mason Co. PIC - 186 acres of shellfish growing areas upgraded - 20 closed parcels opened - 5 miles shoreline surveyed - 500 samples collected - # hotspots identified/ closed - 75 parcel surveys - # dye tests conducted - # Ag pollutions sites referred - # OSS failures 1. At Guidance Group meetings (dates TBD) 2. At least semi- annually (dates TBD); Final data due May 30, 2027 HCCC Contract Agreement—Exhibit A Page 9 - # OSS repairs Task 5: Outreach & Education 5.1 OSS Maintenance Rebates Mason County will distribute OSS maintenance rebates for OSS pumping, inspections, and small repairs to eligible property owners in priority areas. Rebate Program Guidelines Guidelines for OSS Maintenance Rebates established in the Phase 4 Workplan will be re-visited and updated with new goals and protocols based on lessons learned, and target areas set based on the Ph. 5 Priority Areas, and any current OSS Operations and Maintenance Program priorities for each local health jurisdiction. The HCPIRC Guidance Group will revisit program guidelines regarding eligibility, rebate amount, and rebate processing to maximize efficient use of these funds. Data will be collected to track rebate effectiveness over time. For each rebate, an application form, receipt, and pumping/inspection report are required to be submitted and included with invoices. Task 5 Deliverables: Task Deliverable Description Due Date 5.1 1. OSS Maintenance Rebates distributed: - Mason Co.: 50 2. OSS rebate form, receipt, and pumping/ inspection report submitted with each rebate, and included in invoices. 1. May 30, 2027 2. Included with invoices Project Budget Hood Canal Regional Pollution Identification and Correction Program – Phase 5 Task 2: Data Reporting Personnel EH Specialist $51.71 @ 28.31 hours $36.67 Sal-$15.04 benefits $ 1,464.00 Personnel Subtotal $ 1,464.00 Other Costs Insert category Description $ Insert category Description $ Other Costs Subtotal $ - Indirect Costs 19.37% of Salary $ 201.00 HCCC Contract Agreement—Exhibit A Page 10 Task 2 Subtotal $ 1,665.00 Task 3: HCRPIC Program Coordination and Administration Personnel EH Specialist $51.71 @ 526 hours $36.67 Sal-$15.04 benefits $ 27,199.00 Finance Manager 79.20 @ 100 hours $58.11 Sal-$21.09 Benefits $ 7,920.00 EH Supervisor $62.92 @ 100 hours $47.29 Salary-$15.63 Benefits $ 6,292.00 Personnel Subtotal $ 41,411.00 Other Costs Insert category Description $ Insert category Description $ Other Costs Subtotal $ - Indirect Costs 19.37% of Salary $ 5,764.00 Task 3 Subtotal $ 47,175.00 Task 4: Water Quality Fieldwork Personnel EH Specialist $51.71 @ 4934 hours $36.67 Sal-$15.04 benefits $ 255,137.00 Personnel Subtotal $ 255,137.00 Other Costs Lab Analysis 500 samples @ $40 each $ 20,000.00 Materials Sampling and other materials $ 1,750.00 Other Costs Subtotal $ 21,750.00 Indirect Costs 19.37% of Salary $ 35,023.00 Task 4 Subtotal $ 311,910.00 Task 5: Outreach & Education Personnel EH Specialist $51.71 @ 100 hours $36.67 Sal-$15.04 benefits $ 5,171.00 Clerical $53.34 @ 60 Hours 37.87 Salary-$14.37 Benefits $ 3,200.00 Personnel Subtotal $ 8,371.00 Other Costs Postage Mailings $ 750.00 Rebates 50 rebates @ $350 each $ 17,500.00 Other Costs Subtotal $ 18,250.00 HCCC Contract Agreement—Exhibit A Page 11 Indirect Costs 19.37% of Salary $ 1,129.00 Task 5 Subtotal $ 27,750.00 Subtotals Personnel Total $ 306,383.00 Other Costs Total $ 40,000.00 Indirect Costs 19.37% $ 42,117.00 Grand Total $ 388,500.00 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $388,500. Submit monthly invoices by the 15th of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Travel: If claiming mileage Consultant will submit a Mileage Report for Reimbursement with invoice. Consultant may use their own report, or use HCCC’s consultant mileage report. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date The effective date is the date the contract is signed by all parties and ends Jun 30, 2027. Consultant Checklist Consultant will complete and provide requested information on Exhibit B. Contract Representatives HCCC Representatives: David Dicks, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 206-550-2685 ddicks@hccc.wa.gov Project Manager: Haley Harguth, Ecosystem Planning Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 HCCC Contract Agreement—Exhibit A Page 12 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov 360-328-4625 Contracting & Fiscal Support: Katie Champlin, Grant Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 kchamplin@hccc.wa.gov 564-245-0506 Additional Administrative Support: Jennifer Poole, Director of Operations jpoole@hccc.wa.gov 360-900-9063 mobile 360-394-0046 office Contractor Representative(s): Noah Roland, Environmental Health Specialist Mason County Public Health 415 N. 6th Street Shelton, WA 98584 NRoland@masoncountywa.gov 360-427-9670 ext. 511 Project Manager: Vladimir Nekrutenko, Environmental Health Supervisor Mason County Public Health 415 N. 6th Street Shelton, WA 98584 VNekrutenko@masoncountywa.gov 360-427-9670 ext. 122 HCCC & Mason County Public Health Agreement – Exhibit B EXHIBIT B SUBRECIPEINT CHECKLIST Business Identifiers Subrecipient or Contractor/Consultant Determination: According to 2 CFR 200 Subpart D, HCCC has determined that you are a Subrecipient. Subrecipient Business Name: Mason County Public Health Unique Entity Identifier (UEI) Number: 069 580 751 Washington State UBI: 232 002 101 Federal Tax ID No (EIN): 91-6001354 Washington Business Type: Local Government Certifications OMWBE*: If certified by Washington State’s Office of Minority and Women Owned Business Enterprise (OMWBE) www.omwbe.wa.gov, indicate certification type and number: • Certification Type(s): Not certified • Certification Number(s): *Pursuant to a class exception issued March 17, 2025, the EPA is suspending actions related to 40 CFR Part 33 including recipient reporting, compliance, enforcement actions, and the requirement to collect EPA Form 5700-52A MBE/WBE as a condition of closeout. HCCC may collect this information for reference. Veteran Owned Business: If certified as Veteran Owned Business, indicate certification program or type and number: • Certification Type(s): Not certified • Certification Number(s): Subrecipient provides the following: □ IRS Form W-9 □ Copy of business card, if available □ Copy of licenses or permits, if required for services □ Certificate(s) of Insurance, as specified/required by terms of Agreement, to be in effect for the entire term of the Agreement. May include: o Commercial General Liability, naming HCCC as additional insured o Commercial Auto Liability (if claiming mileage) o Professional Liability Insurance (for certain professional services) o Workers’ Compensation Insurance HCCC Staff verify the following, and may ask for verification from Subrecipient: □ Business website (link to website): □ Confirm Active status with WA Secretary of State. □ Confirm WA Dept. of Revenue account is Active. HCCC & Mason County Public Health Agreement – Exhibit B □ Confirm Workers Compensation Coverage is current with WA Labor & Industries (LNI) or status exempt if no ‘workers’. □ Confirm contractor is not debarred (WA LNI “Verify a Contractor”). □ Confirm professional licenses are current/active, if applicable. Federal/State Pass-Through Information Project Name: Hood Canal Regional Pollution Identification and Correction Program (HCRPIC), Phase 5 Funding Source(s): Environmental Protection Agency (passed through) Washington State Department of Health (DOH) Federal Funding Reference: Federal Award Identification No (FAIN): PC-01J89801-3 Federal Funding Source Award Date: 5/30/2024; End Date: 6/30/2027 Catalog of Federal Domestic Assistance No. (CFDA): 66.123 CFDA Program Title: Puget Sound Action Agenda: Technical Investigations and Implementation Assistance Program HCCC & WA Dept. of Health Agreement: Period of Performance: Date of Execution: 5/8/2025; End Date: 6/30/2027 DOH Contract No.: CBO31198-0 DOH Contract Manager: Megan Schell; megan.schell@doh.wa.gov; 360-236-3307 Note: This award is not for R&D (research and development). Additional Terms, Conditions & Requirements of this Subaward: Subrecipient is hereby provided with: • Exhibit A EPA Terms and Conditions, Programmatic Conditions, as applicable, of the HCCC & WA DOH Agreement CBO31198-0, pages 23-32 of 61, at: https://hcccwagov.box.com/s/t3u3ew1qyzfaa5icfmm7w38gppqh14x7 • EPA General Terms and Conditions effective October 1, 2024 or later, at: https://www.epa.gov/system/files/documents/2024- 10/fy_2025_epa_general_terms_and_conditions_effective_october_1_2024_or_later.pdf Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.8 From: Cassidy Krall for John Taylor Ext: 535 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): April 6, 2026 Agenda Date(s): April 14, 2026 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: MCRA Turf Field – Grant Application Background/Executive Summary: The Mason County Parks Department was awarded an RCO grant in 2012 to install 2 turf baseball infields at the Mason County Recreation Area in Shelton. At that time, it was understood we would need to replace the turf at the end of its life span, which was calculated to be approximately 12 years, or 15 years max. We need to replace the first two fields we had installed which are turf fields #2 and #3. Turf fields #6 and #7 were not installed until 2016 from another RCO grant, those will need to be replaced in the next few years as well but not at this time. The Parks maintenance crew have been having to do patchwork to the turf already and as you will see in the attached photos the evidence of heavy wear and tear, holes, etc. which are posing a safety hazard for the players. MCRA has a ton of foot traffic through the spring and summer months. Our local youth leagues between the elementary, middle, and high school all come to use these fields every single year and they pay for them. Other background clarification – the Sandhill County Park is the Belfair baseball field complex. Due to the clay-like soil that was brough there many years ago, we are unable to install turf to fields 4-7 because the fields to not drain the way they are supposed to. It may be possible for fields 1-3 on the opposite side of the road, but MCRA is needing replaced what is already here as stated the understanding years ago would be to maintain and replace when the turfs life span came to an end. Though John Taylor is actively entertaining the idea of a multipurpose field at Sandhill to have a place for the youth soccer that would be a more appropriate area of play that would not continue to damage the baseball outfields in the fall. Budget Impact (amount, funding source, budget amendment, etc.): Approximately $288,656 per infield. The grant would require a 40% match, likely out of REET funds. Public Outreach: Cassidy e-mailed youth and adult leagues for support letters Requested Action: Approval to move forward with the RCO grant application for replacing 2 turf fields at MCRA. Attachment(s): Photos of the turf, and quote information 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 April 14, 2026 Recreation and Conservation Office PO Box 40917 Olympia, WA 98504 Re: Washington Department of Fish and Wildlife’s Proposed Trail Renovation Project at the Theler Wetlands Dear Grant Review Committee, The Mason County Board of Commissioners is pleased to offer our strong support for the Washington Department of Fish and Wildlife’s proposed trail renovation project at the Theler Wetlands. The Theler Wetlands are a cornerstone of Mason County’s natural landscape and an invaluable resource for our residents and visitors alike. This unique ecosystem provides important opportunities for environmental education, wildlife observation, and outdoor recreation, all while contributing to the ecological health of the Hood Canal watershed. The site’s trail system serves thousands of users each year, including students and families. From a county perspective, investments in recreational infrastructure like this are essential to supporting both quality of life and economic development. Visitors drawn to the wetlands contribute to the local economy by supporting nearby businesses, restaurants, and tourism-related services throughout Mason County. Ensuring that the trail system remains safe, durable, and environmentally responsible is critical to maintaining and growing this positive impact. The proposed improvements—including replacement of aging and environmentally harmful materials, upgrades to boardwalk safety and longevity, and enhancements to interpretive signage— reflect a responsible and forward-looking approach to stewardship. These upgrades will improve accessibility, protect sensitive habitat, and enhance the overall visitor experience. This project aligns closely with Mason County’s priorities of promoting sustainable recreation, preserving natural resources, and supporting rural economic vitality. We believe it represents a meaningful investment in both our environment and our community. The Mason County Board of Commissioners strongly encourages you to fund this important project. Thank you for your consideration and for your continued support of projects that benefit the people and natural resources of Mason County. Sincerely, Pat Tarzwell, Randy Neatherlin, Sharon Trask, Chair Vice-Chair Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Kelly Frazier Ext: 519 Department: Facilities & Grounds Briefing: DI Action Agenda: ■ Public Hearing: ■ Special Meeting: ■ Briefing Date(s): 4/13/2026 Agenda Date(s): 4/28/2026 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: Meeting with JCI (Johnson Controls) to review the energy audit and Tier 2 Clean Buildings Performance Standard requirements. Background/Executive Summary: Mason County is required to comply with the Washington State Clean Buildings Performance Standard. This meeting with JCI will provide an overview of the recent energy audit, outline compliance requirements for Tier 2 covered buildings, and identify potential strategies moving forward. Associated Costs/Budget Impact (amount, funding source, budget amendment, etc.): • To be determined. Potential costs may include energy efficiency upgrades, consulting services, and implementation of compliance measures. Funding sources and any required budget amendments will be discussed. Public Outreach: Requested Action: • Conduct a discussion to determine the preferred direction and establish next steps toward compliance with the Clean Buildings Performance Standard. Attachment(s): • Washington State Department of Commerce materials • JCI Project Development Proposal for Mason County • Email correspondence from Humphrey Woke (JCI) 00000000- 1-0-401.910-0069 1ss DEPARTMENT OF COMMERCE C/O CLEAN BUILDINGS PO BOX 42525 OLYMPIA WA 98504 MASON COUNTY 411 N 5TH ST SHELTON WA 98584 15104 00000000-Z0-40LS1.0-0069Z1.6£ STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE - PO Box 42525 - Olympia, Washington 98504-2525 - 360-725-4000 www.commerce.wa.gov 07/01/2025 BUILDING OWNER MASON COUNTY 411 N 5TH ST SHELTON WA 98584 Dear BUILDING OWNER, Our records indicate that you own one or more Tier 2 covered buildings in Washington state which are subject to the requirements of the state's Clean Buildings Performance Standard (194-50 WAC). This letter outlines the compliance requirements, financial incentives, and resources available to help you meet the Clean Buildings Performance Standard (CBPS, Standard). The Clean Buildings Performance Standard (Chapter 285, Laws of 2019) was signed into law on May 7, 2019. Its objectives are to increase energy efficiency and lower energy costs in the state's large existing buildings. The Department of Commerce administers the Standard and supports building owners by providing training, guidance, incentives and resources. Visit the Clean Buildings Performance Standard webpage https://www.commerce.wa.gov/cbps/ for more information. Tier 2 covered buildings A Tier 2 covered building is one with a gross floor area (GFA) greater than 20,000 square feet but less than 50,001 square feet, or any multifamily residential building with a GFA which exceeds 20,000 square feet (sq ft), excluding parking garages and individual dwelling units in condominiums. The Tier 2 covered building reporting requirements include: • Benchmark at least 12 consecutive months of the building's energy use data. o Tier 2 covered buildings do not have to meet an energy target. • Develop and maintain an energy management plan. • Develop and maintain an operations and maintenance program. The Tier 2 covered buildings compliance deadline is July 1, 2027. Buildings that don't comply may eventually face a fine of up to $0.30 per square foot, but the program goal isn't to issue penalties. The objective is to help building owners save energy and money while meeting the state's climate and public health goals. Getting started with Clean Buildings Portal access Getting started is simple: Log into the Clean Buildings Portal (Portal) to confirm your building information (see enclosed instructions.) 1 00000000-£0+04940.006SZL6£ Tier 2 Notification Letter Attachments Next Steps for Building Owners: 1. Visit Commerce's Clean Buildings Performance Standard (CBPS) webpage: https://www.commerce.wa.gov/cbps/ for all information for building owners. CBPS Incentives: learn more about the CBPS and the Early Adopter Incentive Program https://www.commerce.wa.gov /cbps/early-adopter- incentives/ 0 0 Tier 2 How to Comply: learn about Tier 2 compliance requirements and determine if your building is exempt https://www.commerce.wa.gov /cbps/tier-2-compliance/ Customer Support: general questions, add a building, shared access, portal assistance, incentive program questions, and technical assistance http://tiny.cc/CBPS 2. Create an account with the Energy Star Portfolio Manager (ESPM): https://portfoliomanager.eneraystar.gov/pm/login.html. This is how you begin the benchmarking process for your building. Contact your utility provider(s) to either import or connect your building's Energy Usage to ESPM. 3. Log in to the Clean Buildings Portal via Secure Access Washington (SAW) to confirm ownership by claiming or releasing building(s) in your profile. Review your building(s) details (such as the floor area) and correct the information, if needed. First-time access to the Clean Buildings Portal: If you already have access to the Portal, log in, navigate to the Tier 2 Data Pool tab. Jump to the Tier 2 Data Pool instructions (below). Step 1 — SAW Account: Create a Secure Access Washington (SAW) user account. Identification authentication through SAW is required for access to any State of Washington information system. You can do this here: https://secureaccess.wa.gov. PLEASE NOTE: Use the same email address in the SAW account and the Portal user account. They MUST match. Step 2 — Clean Buildings Portal Service: Add the Clean Buildings Portal application to your SAW account. To do this, a. Log into SAW and go to the menu option "My Secure Services" and click on the "Add a New Service" button. b. On the "Add a New Service" screen, click the option "1 have been given a code by an agency" and then enter the code CBPS21 (use all caps and no spaces). c. Complete the Identity Verification questions if asked, then click OK on the registration complete screen. You will receive an email from SAW indicating that your Clean Buildings Portal service request has been approved. Step 3 — Launch Portal: Once you've added the Clean Buildings Portal service in SAW, launch the Clean Buildings Portal application from the SAW main page, click the green "Access Now" button in the "Clean Buildings Portal provided by Department of Commerce" box 1 Board Memorandum To: Mason County - Board of County Commissioners From: Johnson Controls Sustainable Infrastructure Leadership Team Date: March 2026 Subject: Approval of Project Development Agreement — Mason County, WA Recommendation Approve execution of a $100,000 Project Development Agreement (PDA) with Mason County, Washington, authorizing Johnson Controls to perform benchmarking and an Investment Grade Audit in support of a potential Energy Performance Contract. Background Mason County operates multiple justice, courthouse, and administrative facilities and is facing mandatory Washington State Clean Building Performance and benchmarking deadlines beginning in June 2026. The County also has an existing Johnson Controls Metasys platform installed under a 2013 ESPC and is experiencing facilities staffing transitions that heighten operational risk. Commercial Terms The PDA is valued at $100,000 plus applicable taxes and is payable only upon completion of agreed deliverables and only if the County elects not to proceed with an implementation agreement. If an implementation agreement is executed, the PDA cost is rolled into the total project cost. Risk and Upside The PDA presents low financial and execution risk while offering significant strategic upside through a high -probability EPC conversion, expansion of the JCI controls lifecycle, and long-term services engagement. Action Requested Approve execution of the Project Development Agreement with Mason County, WA. When Mason County Does NOT Pay the $100,000 1. If the County moves forward with JCI • If JCI and Mason County sign an Implementation Agreement within 60 days after the deliverables are provided: (can change the 60 days) o The $100,000 is not paid as a separate invoice o The cost is rolled into the total project cost o It becomes subject to the payment terms of the final implementation contract Meaning: If the County proceeds with JCI on implementation, the PDA cost is effectively credited and absorbed into the project, not an extra expense. If JCI delivers and the County chooses not to proceed • If: o JCI completes the agreed Deliverables, and o Mason County elects not to implement a project with JCI • Then: o Mason County pays the $100,000 Meaning: This is the "walk -away" scenario. The County pays only if it: • Receives the full engineering and benchmarking work, and • Decides not to move forward with JCI for implementation. This protects JCI's development effort while preserving the County's right not to proceed. The county can still go to RFQ through a cooperative agency procurement. Best, Humphrey Woke Sr. Account Executive, Sustainable Infrastructure Building Solutions Johnson Controls +1 425-906-9538 Mobile Humphrey.woke(a�jci.com Sustainable Infrastructure Outcome -Based Solutions I Johnson Controls I Johnson Controls Twitter: a JohnsonControls Linkedln: Johnson -Controls The power behind your mission Local Government Facilities I Johnson Controls K-12 Education Facilities I Johnson Controls Higher Education I Johnson Controls Johnson t Controls 2 Kelly Frazier From: Humphrey Woke <humphrey.woke@jci.com> Sent: Wednesday, March 4, 2026 12:33 PM To: Kelly Frazier Subject: RE: JCI PDA Plain language One -Slide Board Summary Project Development Agreement — Key Terms Purpose • Authorize benchmarking and an investment -grade engineering and design study • No commitment to construction or implementation Cost • $100,000 (plus tax) • Payable only after deliverables are completed County Protections • No payment if the County proceeds with JCI (cost rolls into project) • Maximum exposure capped at $100,000 • County retains full discretion to proceed or not When Payment Applies • Only if JCI completes the work and the County chooses not to move forward Why This Matters • Supports 2026 benchmarking compliance • Quantifies risks, savings, and options before any construction decision • Transfers development risk away from the County From: Humphrey Woke Sent: Wednesday, March 4, 2026 12:24 PM To: Kelly Frazier <kellyf@masoncountywa.gov> Subject: JCI PDA Plain language Importance: High Hi Kelly, Plain -English Summary • The project development (PDA) cost is $100,000, plus applicable taxes. • This fee covers JCI's project development and consulting services, including the investment -grade audit and benchmarking deliverables. • The $100,000 is only payable after JCI delivers the agreed -upon deliverables, and payment would be due within 60 days of delivery. However, there are clear conditions where Mason County does not pay this fee. 1 JohnsonAte /%�r Controls Mason County PDA - Mason County Feb 2026March 2026 PROJECT DEVELOPMENT AGREEMENT BETWEEN Mason County Johnson Controls, Inc. 415 N 5th St AND 11807 North Creek Pkwy S. Shelton, WA 98584 Suite 102 Bothell, WA 98011 The purpose of this Project Development Agreement (PDA) is to confirm the intent of Johnson Controls, Inc. (JCI) and the Customer named above to develop an investment Grade Audit (IGA) that includes any design documents, and any Energy Performance contract (EPC) in accordance with applicable Washington State Law. This agreement will provide the basis of the scope of the PDA, the obligations of both parties, and the intended outcomes and timeline. 1. Scope of Services It is the Parties' mutual understanding this Project Development Agreement will: a. Provide certain consulting services and design development meetings to establish the overall project scope of work and price specific to the replacement of any upgrades. b. Provide for the development of Facility Improvement Measures (FIMs) at some or all of the Customer's facilities; where possible assist the Customer by providing additional improvements to reduce the Customer's deferred maintenance backlog or desired facility improvement measures not affordable otherwise; c. Assist the customer in benchmarking for Tier 2, WA state clean building performance standards d. Assist the Customer in arranging for project financing; e. Utilize the Customer's most recent 24 months of utility consumption data, generally covering the time period of 2023 to 2025. Consumption data is attached to this agreement and includes the following utilities that are applicable: electricity, natural gas, No. 2 fuel oil, No. 6 fuel oil, propane, water, and sewer; 2. Development Schedule It is the intent and commitment of all parties identified in this Agreement to work diligently, and cause others to work diligently under their direction to achieve the Milestone Schedule identified herein: Milestone* Completion Date Authorized Representative authorizes Project Development Agreement TBD JCI requests pertinent Customer Documents and Data 1 day post PDA signing JCI and Customer IGA kick off meeting 1 week post PDA signing JCI Commences on -site work 1 week post PDA signing JCI delivers Investment Grade Audit Customer confirms list of Project Priority FIMs desired to be included in project JCI and Customer conduct M&V workshop TBD Form of financing established for the project TBD PDA - Mason County Feb 2026 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely prohibited without the express written permission of Johnson Controls, Inc. © 2026 Johnson Controls, Inc. All rights reserved. Page 1 of 6 Johnson WAV Controls Mason County PDA - Mason County Feb 2026March 2026 Form of contract established between JCI & Customer TBD JCI makes binding offer to Customer TBD Customer staff reviews offer and JCI makes final offer per Customer comments TBD Governing Board approves project Project Financing and Contract executed *These milestones may be modified by subsequent work plans mutually agreed upon by both parties. 3. Deliverables Upon completion of the project development, JCI shall deliver to the Customer: a. In the Investment Grade Audit, Johnson Controls will analyze the consumption and operational characteristics of the facilities and identify the FIMs, procedures, and other services that could be provided by Johnson Controls to reduce the County's resource consumption and operating costs at the facilities. The audit will contain: i. A description of those building systems in applicable facilities and scope that will receive equipment and services. ii. Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions. A description of the proposed Facility Improvement Measures to be installed. Facility Improvement Measures will include items that save energy, or other resources (including any cost saving measures). The audit will provide detailed documentation in support of the recommendations made in the energy services proposal, economic and engineering assumptions, sketches, floor plans, and any other information developed during the audit. iii. A description of the services that will be performed on or in the facilities, including but not limited to engineering, construction management, the operations and maintenance procedures for use on equipment, training for facility personnel, providing warranty service, and equipment maintenance, and on -going software subscriptions. iv. Enter energy usage index information into Washington State Portfolio manager. v. The estimated energy unit savings, energy and operational cost savings, and future capital cost avoidance are expected to result from the installation of the equipment and from the service, and an explanation of the method or methods used to make the estimate. vi. Proposed schedule for project completion. vii. Proposed Costs to implement the FIMs. b. A written description of each FIM proposed to be implemented; c. A financial pro forma cash flow documenting the proposed project. The pro forma will include applicable annual costs and savings that affect the project outcome such as financing, energy, water, sewer, labor and maintenance; d. A preliminary schedule for implementation of the project; e. A summary of the Measurement & Verification plan, including proposed IPMV protocols, such as Option A, B, C, or D that will be used for each FIM; f. A firm offer by JCI to implement the project with a positive Net Present Value based on the project Determinants indicated in Paragraph 4; a. A list of the specific improvements and operational efficiency measures that JCI proposes; b. A complete description of the operating and maintenance procedures that JCI believes can reduce operating costs of the System; PDA - Mason County Feb 2026 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely prohibited without the express written permission of Johnson Controls, Inc. © 2026 Johnson Controls, Inc. All rights reserved. Page 2 of 6 Johnson V(o Controls Mason County PDA - Mason County Feb 2026March 2026 c. A projection of the operating cost savings; d. An estimate of the improved system accuracy and resulting increased billable revenues; (for purposes of this study, we will use an agreed upon baseline and tier structure); e. A summary of the cost required to realize the proposed improvements; 4. Project Determinants Project Determinants in the table below will be used by JCI and the Customer to determine the economic merit of the project, the values can change at any time throughout development as better information is made known. However for the purposes of determining whether or not JCI has met the success criteria identified in Paragraph 3 "Deliverables", the values indicated herein will be used upon completion of development to make such determination. Each party has a duty to inform the other of changes to any of the values indicated in a timely manner that may affect the success of the project. Determinant Value Unit 1 Project Term TBD years 2 Interest rate TBD % per year 3 Discount rate for NPV calculation TBD % per year 4 Customer capital contribution TBD Each 5 Electric escalation 4 % per year 6 Natural gas escalation 4 % per year 7 No. 2 fuel oil escalation 4 % per year 8 No. 6 fuel oil escalation 4 % per year 9 Propane 4 % per year 10 Electric demand Actual $/kw -month 11 Electric energy on -peak TBD $/kwh 12 Electric energy off-peak TBD $/kwh 13 Natural gas TBD $/mmbtu 14 No. 2 fuel oil Actual $/gal 15 No. 6 fuel oil Actual $/gal 16 Propane Actual $/gal 17 Water Actual $/k-gal 18 Sewer Actual $/k-gal 19 Non -guaranteed incentives and rebates TBD $ each, included where permitted by law 20 Capital Cost Avoidance TBD $ each, included where permitted by law 21 Operational Savings TBD $ per year, included where permitted by law 22 Maintenance Savings TBD $ per year, included where permitted by law 5. Customer Priority FIMs JCI will provide some Facility Improvement Measures (FIMs) that are essential to creating a project that meets I the Customer's financial buying criteria. Examples of such FIMs may include but not be limited to FIMs such as lighting modifications, water saving fixture modifications and control system modifications. Normally, in addition to those FIMs which are essential creating a project that provides a positive cash flow, JCI can include other FIMs that help the Customer to achieve certain other desired results, such as building improvements or implementing improvements from the Customer's deferred maintenance budget. PDA - Mason County Feb 2026 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely prohibited without the express written permission of Johnson Controls, Inc. © 2026 Johnson Controls, Inc. All rights reserved. Page 3 of 6 Johnson �j, Controls Mason County PDA -Mason County Feb 2026March 2026 Listed herein is a list of Customer Priority FIMs. The Customer Priority FIMs are listed in priority order in terms of importance to the Customer achieving his objectives. JCI and the Customer acknowledge that JCI will provide as many of the Customer PriorityflMs listed as possible while still meeting achieving the criteria listed in the Deliverables paragraph. The Customer acknowledges that the project may or may not include all of the Customer Priority FIMs listed. 1.Metasys upgrade building controls system (OpenBlue) 2.LED Lighting -100% energy efficient 3.Building Envelopes 4.Clean Building Performance Standard 5.Mechanical and Electrical upgrades 6.Records and Data During the project development, the Customer will furnish to JCI upon its request, accurate and complete data concerning current: equipment performance data if available; costs; budgets; facilities requirements; future projected loads; facility operating requirements; collective bargaining agreements; etc. JCI will provide a separate document with a formal request for the required shortly after touring the Customer facilities. The Customer shall make every effort to provide that information within 5 days of request. 7.Preparation of Implementation Contract JCI will develop the framework of the subsequent Implementation Agreement and the Financing Agreement if applicable. JCI and Customer shall work diligently during the project development to complete and populate contract documents. The form of the documents will vary depending on Customer requirements, state statute where applicable and JCI requirements, but where prudent shall utilize JCI standard documents. 8.Project Development Cost and Payment Terms Customer agrees to the cost for JCI to provide project development and consulting services identified here in is One hundred thousand Dollars ($100,000) plus applicable taxes and is payable within 60 days after JCI provides the Deliverables identified herein. However, Customer will have no obligation to pay this amount if: a.JCI and the Customer enter into the implementation Agreement (outlined in Paragraph 7) within 60 days after JCI provides the Deliverables. Costs for project development will be transferred to the total cost of the implementation Contract and be subject to the payment terms outlined in the Contract; b.Obligation to pay if JCI satisfies requirements -Customer shall pay the amount indicated if JCI satisfies the requirements set forth in Paragraph 4 "Deliverables" and the Customer elects not to implement a project with JCI. c.Obligations of Customer -To work with JC in a diligent and timely manner according to the co-authored Timeline to develop the engineering study. Provide open disclosure of infqrmation required to do an accurate assessment and properly position JC with any other pertinent data to insure a cooperative and successful effort. Failure of the customer to meet the agreed upon milestones in Section 2 "Development Schedule" does not void JCl's claim on the PDA cost. PDA -Mason County Feb 2026 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 4 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2026 Johnson Controls, Inc. All rights reserved. Johnson % (� Controls Mason County PDA - Mason County Feb 2026March 2026 9. Indemnity JCI and the Customer agree that JCI shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of JCI. To the extent permitted by law, JCI and the Customer agree to indemnify and to hold each other, including their officers, agents, directors, and employees, harmless from all claims, demands, or suits of any kind, including all legal costs and attorney's fees, resulting from the intentional misconduct of their employees or any negligent act or omission by their employees or agents. Neither JCI nor the Customer will be responsible to the other for any special, indirect, or consequential damages. 10. Disputes If a dispute arises under this Agreement, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial Rules of the American Arbitration Association in effect at the time, except as modified herein. All disputes shall be decided by a single arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the mutual agreement of the parties. Judgment may be entered upon the award in the highest State or Federal court having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney's fees, incurred as a result of this dispute. 11. Confidentiality This agreement creates a confidential relationship between JCI and Customer. Both parties acknowledge that while performing this Agreement, each will have access to confidential information, including but not limited to systems, services or planned services, suppliers, data, financial information, computer software, processes, methods, knowledge, ideas, marketing promotions, current or planned activities, research, development, and other information relating to the other party ("Proprietary Information"). Except as authorized in writing both parties agree to keep all Proprietary Information confidential. JCI may only make copies of Proprietary Information necessary for performing its services. Upon cessation of services, termination, or expiration of this Agreement, or upon either party's request, whichever is earlier, both parties will return all such information and all documents, data and other materials in their control that contain or relate to such Proprietary Information. JCI and Customer understand that this is a confidential project and agree to keep and maintain confidentiality regarding its undertaking of this project. JCI shall coordinate its services only through the designated Customer representative and shall provide information regarding this project to only those persons approved by Customer. JCI will be notified in writing of any changes in the designated Customer representative. 12. Miscellaneous Provisions This Agreement cannot be assigned by either party without the prior written consent of the other party. This Agreement is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this Agreement. PDA - Mason County Feb 2026 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 5 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2026 Johnson Controls, Inc. All rights reserved. Johnson 1140 Controls Mason County PDA - Mason County Feb 2026March 2026 This document represents the business intent of both parties and should be executed by the parties who would ultimately be signatory to a final agreement. JOHNSON CONTROLS, INC. CUSTOMER By By Signature Signature Title Title Date Date PDA - Mason County Feb 2026 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely prohibited without the express written permission of Johnson Controls, Inc. © 2026 Johnson Controls, Inc. All rights reserved. Page 6 of 6 March 6, 2026 AS 0 C N T's,:( •icc- • Ifl 2021 Jolinnnn Control:, Inc. Thin dOCIMICIA i5 !Mammal properly of JoIncan, ConImlu. Inc. nod nnlet.41 cot no DO Ant ccl,y (01n/ccu.ny en, tom? elner oltnnin pnrenInrIcn ol Johnnon Cncuols. tEirlier"7 laMisora, Johnson 101( Cdntrols We're celebrating 140 years of industry firsts! The first automatic sprinkler (1881) The first room thermostat (1883) The first air-conditioned commercial building (1924) The first security panel with a remote arming keypad (1986) The first building automation system (1990) o nson Controls 140 years powering your mission Mason County, WA - Project Development Agreement (PDA) Board Approval Johnson /0 Controls 4 Decision Requested and Project Overview • Project Development Agreement Seeking Board approval for $100,000 PDA to perform benchmarking and Investment Grade Audit for energy project. • Strategic Project Importance Project creates EPC pipeline opportunity and positions JCI as continuity partner for legacy site. • Board Action Requested Approval of PDA execution and authorization for Sustainable Infrastructure team to proceed with audits. Johnson Controls 4 Mason County Facilities and Strategic Fit • Facilities Portfolio Overview Mason County manages justice, courthouse, and administrative facilities exceeding Clean Buildings standards. • Existing Technology Infrastructure County uses Metasys platform installed in 2013, underlining existing controls and monitoring capabilities. • Operational Challenges Facilities face staffing transitions and institutional knowledge risks impacting operational continuity. • Strategic Opportunity Opportunity aligns with JCI offerings including controls, lighting, electrification, and building envelope upgrades. Johnson Controls 4 Regulatory, Operational, and Financial Triggers • Regulatory Compliance Mason County must meet Washington Clean Buildings standards to ensure environmental and legal obligations are fulfilled effectively. • Operational Challenges Staffing transitions and knowledge risk in critical facilities require strategic planning and operational adjustments. • Financial Pressures Rising utility costs and budget constraints increase pressure on Mason County's General Fund and infrastructure funding. • Strategic Modernization Roadmap The PDA provides engineering certainty and a clear path for compliance and modernization without immediate construction commitments. Johrison Controls Scope of Services and Deliverables • Investment Grade Audit JCI will provide a detailed Investment Grade Audit, including facility benchmarking and Portfolio Manager data entry. • Facility Improvement Measures Identification and analysis of Facility Improvement Measures with engineering, economic, and savings projections. • Measurement & Verification Strategy Development of a Measurement & Verification strategy following IPMVP guidelines to ensure accurate savings tracking. • Financial Analysis and Implementation Offer Financial pro forma, cash flow analysis, and a firm implementation offer with positive Net Present Value for decision support. 1ohrlson Controls �e; Facility Improvement Measures Identified by Mason County • Controls Modernization Upgrading Metasys and OpenBlue controls to modern systems enhances building automation and efficiency. • Energy -Efficient Lighting Implementing 100% energy -efficient LED lighting reduces energy consumption and operational costs. • Building Envelope Improvements Improving the building envelope increases insulation and reduces energy loss for better sustainability. 30� • Mechanical and Electrical Upgrades Upgrading mechanical and electrical systems supports cleaner building performance and compliance standards. Johnson 10,k Controls PDA Value, Payment Terms, and Risk Allocation • PDA Valuation The PDA is valued at $100,000 plus applicable taxes reflecting its development cost and market value. • Conditional Payment Terms Payment is required only if deliverables are completed and the County decides not to implement the project. • Risk Allocation and Flexibility The payment structure protects JCI's development risk while giving the County flexibility without construction obligation. • Balanced Market -Standard Agreement This agreement follows balanced, market -standard terms typical in system integrator engagements. Johnson jjlfit /'1 Controls Financial, Execution, and Legal Risk Profile • Financial Risk Cap Financial risk is limited to the $100,000 PDA value with no additional capital exposure beyond development efforts. • Low Execution Risk Execution risk remains low due to site familiarity and a clear milestone schedule ensuring deliverable clarity. • Mitigated Legal Risk Legal risks are mitigated by standard contract language including arbitration, confidentiality, mutual indemnity, and damage exclusions. • Minimal Reputational Risk Reputational risk is minimal due to customer -initiated engagement and a strong continuity narrative. Joh son Controls Management Recommendation and Rationale • Board Approval Request Management seeks Board approval to execute the Project Development Agreement with Mason County, WA. • Project Execution Plan Authorization for the SI team to conduct benchmarking and an Investment Grade Audit for potential EPC and upgrades. • Strategic Rationale Low financial risk, strong strategic fit, and high likelihood of EPC conversion support the recommendation. • Growth Opportunity Opportunity to protect and expand controls and SI footprint in a key public sector account. Johnson '/ ' Controls Approval and Authorization • Board Approval Request The Board is asked to approve the Project Development Agreement with Mason County, WA to advance the project. • Authorization to Proceed SI leadership will be authorized to proceed with benchmarking and an Investment Grade Audit for the project. • Strategic Opportunity This approval secures a high -value EPC pipeline opportunity and strengthens partnership with Mason County for infrastructure modernization. Johntson //' Controls LOCATION Commission Chambers CITY, STATE w d d F o 2 d O ti w ' O MEETING April 14, 2026 bA z 0 z *Attendance rosters are subject to the Public Records Act; RCW 42.56