Issuu

Steve Rader, Commissioner District 1 Steven L. Ferrell, Commissioner District 2 Richard R. Dahl, Commissioner District 3 Kelly Grayson, Clerk of the Board

Regular Public Meeting March 3, 2026, 9:00 a.m. Board Meeting Convenes at 9:00 a.m.         

Invocation by Invitation Live KLTV Pledge of Allegiance ZOOM Stream Link Link Minutes of February 23-24, 2026 Consent Agenda of March 3, 2026 Phone Option: (253) 215-8782 Webinar ID: 820 1961 3917 Call for Hearing Agreements/Contracts/Bid Awards Board Correspondence Motion Items Public Comments Print Agenda o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda Call for Hearing Public Works 1. Call for Public Hearing to consider the request for a non-exclusive cable franchise from Comcast Communications Management LLC to use certain county rights-of-way for the purpose of providing cable services scheduled for March 24, 2026, at 9:30 a.m. (14687) Agreements/Contracts/Bid Award Sheriff 2. Memorandum of Agreement with Inter-Con Security for the use of the Cowlitz County Public Shooting Range for Law Enforcement Firearms Training Activities until December 31, 2026. (14703) 3. Memorandum of Agreement with the Cowlitz Tribal Police Department for the use of the Cowlitz County Public Shooting Range for Law Enforcement Firearms Training Activities until December 31, 2026. (14704) 4. Memorandum of Agreement with the Woodland Police Department for the use of the Cowlitz County Public Shooting Range for Law Enforcement Firearms Training Activities until December 31, 2026. (14705) 5. Memorandum of Agreement with the Castle Rock Police Department for the use of the Cowlitz County Public Shooting Range for Law Enforcement Firearms Training Activities until December 31, 2026. (14706) Page 1 of 4

Regular Public Meeting March 3, 2026, 9:00 a.m. Event Center 6. Capital Project Grant Agreement with Washington State Department of Agriculture (WSDA) to update lighting on the south end of the grounds and integrate a new security camera system. The total grant amount is $186,094.30. (14708) 7. Grant Agreement with Washington State Department of Agriculture (WSDA) to provide funding to purchase new livestock panels, replace malfunctioning entry doors, and construct a new manure dumping area. The total grant amount is $23,500.00. (14709) 8. Amendment #3 to the Interlocal Agreement with Cowlitz Public Facilities District regarding the Design, Development, Financing, Construction, and Operation of the Regional Conference and Special Events Center. (14712) Noxious Weeds 9. Modification # 1 to the Interagency Agreement with the U.S. Forest Service, Gifford Pinchot National Forest (GP) for additional grant funding for Invasive Plant Treatments within Mount St. Helens National Volcanic Monument. The total amount is $46,000. (14685) Public Works 10. Interlocal Cooperative Purchasing Agreement with Local Government Cooperative (LGC) to obtain the most favorable pricing and reduce duplicative activities for a wide variety of products and services. (14723) 11. Local Agency Agreement (LAA) Supplement No. 2 and a Revised Prospectus with Washington State Department of Transportation (WSDOT) for the Allender Road Bridge Replacement Project. (14725) 12. Change Order #2 to the Contract with Columbia River Contractors, Inc. for the 2024 Unit Price Guardrail Installation and Repair Project to address substantial greater damaged guardrails and higher material prices. The increase is $30,000 for a new total of $502,080.75. (14726) Finance Department 13. Agreement with the Port of Kalama to provide funding assistance for their Pedestrian Overpass Reconstruction Project utilizing the Fuel Taxes from Paths and Trails. The total funding is $750,000. (14724) Resolutions Treasurer 14. Resolution to Authorize Issuing Bonds on Behalf of the Cowlitz Public Facilities District allowing the collection of the Sales and Use Tax of 0.033% to refund the 2025 Limited Go Refunding Bonds and Improvements to the Regional Center Project. (14710) Commissioners 15. Resolution Rescinding Resolution #19-113 and Updating the Excellence in Service Policy. (14690) Board Correspondence 16. Letters/Notices a. Federal Energy Regulatory Commission (FERC) Notice dated 02/19/2026 regarding Version 8.0 of PacifiCorps's Owner's Dam Safety Program (ODSP). (14707) b. Letter dated 3/3/2026 to Ryan Sullivan appointing him to the Public Facilities District Board. This is a 4-year term that expires February 28, 2030. (14715) c. Letter dated 3/3/2026 to Steve Jewell appointing him to the Rodeo Board. This is a 4-year term that expires October 31, 2029. (14716) Page 2 of 4

Regular Public Meeting March 3, 2026, 9:00 a.m. d. Letter dated 3/3/2026 to Mike Karnofski reappointing him to the Parks & Recreation Advisory Board representing District 1. This is a 6-year term that expires December 31, 2031. (14717) e. Letter dated 3/3/2026 to Brian Magnuson reappointing him to the Public Facilities District Board. This is a 4-year term that expires February 28, 2030. (14718) f. Letter dated 3/3/2026 to Representative Marie Gluesenkamp Perez supporting grant funding for Cowlitz 911 Public Authority expanding its First Responder Radio Communications Network. (14728) g. Letter dated 3/3/2026 to Gary Huhta, General Manager, Public Utility District No. 1 regarding support for the I-5 Corridor Electric Distribution Capacity Upgrades. (14729) h. Letter dated 3/3/26 for Washington Counties Risk Pool (WCRP) supporting the Senate Bill 6239 to create a claims commission for certain tort claims against the state, including counties. (14730) i. Recorded Road and Utility Easement for Right of Way Purposes from Ryan and Shantina Ellis for the Sweet Birch Storm Sewer Repair Project. (14720) j. Recorded Perpetual Water and Utility Easement for Right of Way Purposes from Carol Ross for the Shadow Mountain Water Reservoir Project. (14721) k. Recorded Warranty Deed for Right of Way Purposes from Carol Ross for the Shadow Mountain Water Reservoir Project. (14722) Vouchers The following vouchers/warrants are approved for payment. 17. Voucher Ratification for Drainage Improvement District No. 1 of December 2025 for the total amount of $8,496.53. (14719) Fund Claims Claims Claims Claims Special Purpose District No. 1 Special Purpose District No. 1 Special Purpose District No. 2 Special Purpose District No. 2 Public Facilities District No. 1 Public Facilities District No. 1 Payroll Payroll Total

Voucher Numbers 1000025873-1000025891 1000025892-1000025969 1000070303-1000070313 1000070314-1000070365 5000003840-5000003845 5000020843-5000020861 7000000608-7000000608 7000004461-7000004471 9000000289-9000000296 9000000882-9000000888 164336-164360 296143-296691

Amount $ 791,719.40 560,025.81 55,512.50 3,957,481.12 11,535.44 7,644.24 35,500.04 27,181.38 65,478.86 22,706.75 21,405.75 1,357,332.82 $ 6,913,524.11

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Regular Public Meeting March 3, 2026, 9:00 a.m.

Motion Items Building & Planning 18. Final Approval for the KT West Rural Subdivision Plat, Paine Road, Castle Rock in the vicinity of the North Fork of the Toutle River. (14714) Public Works 19. Change Order #1 to the Contract with Quigg Brothers for the Barnes Drive Emergency Repair Project to provide necessary corrections and adjustments to the affected unit prices and bid item quantities. The Change Order is $28,525.00 for a total amount of $674,850.00. (14727) Juvenile Detention 20. Amended Agreement with Columbia County, Oregon for Juvenile Detention Services to extend the contract period, increase the bed rate, and add new contract language to reflect current standards. (14685)

Updates Chairman Updates Upcoming Meetings:  Tuesday, March 10th @ 10:00 a.m. – Kelso/Longview Chamber of Commerce  Tuesday, March 24th @ 10 a.m. – Department of Ecology RCW 42.30.040 – Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers. All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member. The Board of Commissioners may add and take action on other items not listed on this Agenda.   

Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas---Regular-Public-Meetings ZOOM Invitation Address (for all meeting days): o https://us06web.zoom.us/j/82019613917 KLTV Live Feed Address: http://www.kltv.org

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AS-14687 1. BOCC Agenda Meeting Date: 03/03/2026 RESOLUTION: ORDER FIXING DATE OF HEARING - Comcast Cable Communications Management, LLC - 10 Year Non-Exclusive Telecommunications Franchise Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a resolution calling for a public hearing to consider the request for a non-exclusive cable franchise from Comcast Communications Management, LLC to use certain county rights-of-way for the purpose of providing cable services through Cowlitz County. In accordance with CCC 12.26.070, the applicant is responsible for payment of publication costs; the newspaper shall invoice the applicant directly with the Affidavit of Publication and provide proof of payment to the County.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to adopt the Order Fixing Date of Hearing and publish the Notice in accordance with both RCW 36.55 and Cowlitz County Ordinance No. 5378.

Attachments Order Fixing Date of Hearing Notice of Public Hearing Vicinity Map Order Granting Franchise Form Review Inbox Susan Eugenis Mike Moss, Public Works Emilie Cochrane Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Mike Moss Emilie Cochrane Susan Eugenis

Date 02/12/2026 10:15 AM 02/17/2026 03:24 PM 02/18/2026 09:18 AM 02/20/2026 04:46 PM Started On: 02/10/2026 10:18 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of the Application of Comcast Cable Communications Management, LLC for a Franchise to use the County Road Rights of Way for the Operation and Maintenance of Cable Facilities and Other Related Appurtenances Thereto.

) ) ) ) ) )

RESOLUTION NO. _____________ ORDER FIXING DATE OF HEARING

WHEREAS an application has been filed in the office of the Board of County Commissioners of Cowlitz County Washington by Comcast Cable Communications Management, LLC a Corporation in the State of Washington for a Franchise to use the county roads, streets, avenues, highways, alleys and rights of way for the installation, construction, erection, repair, maintenance, operation, relocation and removal of such “Cable Facilities,” which may include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment or other facilities within the County Rights-of-Way, for the purpose of providing Cable Services and other services utilizing said Cable Facilities in Cowlitz County Washington and all territory lawfully annexed to said County; and WHEREAS RCW 36.55 requires that a public hearing be held on said application; NOW, THEREFORE, IT IS RESOLVED that a public hearing will be held on the _____day of _________________, 20__, at the hour of _____ a.m., in the chambers of the Board, third floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, to hear all concerned in the matter of the proposed application for a Franchise to use the county roads, streets, avenues, highways, alleys and rights of way for the installation, construction, erection, repair, maintenance, operation, relocation and removal of such “Cable Facilities,” which may include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment or other facilities within the County Rights-of-Way, for the purpose of providing Cable Services and other services utilizing said Cable Facilities in Cowlitz County Washington and all territory lawfully annexed to said County; and BE IT FURTHER RESOLVED that posting and publication notice be given not less than (15) days prior to the public hearing as required by law. DATED this ______ day of __________________, 20__. BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman ATTEST:

______________________________ Kelly Grayson Clerk of the Board

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

NOTICE

NOTICE IS HEREBY GIVEN that on the ______ day of _____________________, 20__, at the hour of _____ a.m., a public hearing will be held before the Board of County Commissioners of Cowlitz County, Washington, in the Chambers of the Board in the County Administration Building, third floor, 207 Fourth Avenue North, Kelso, Washington, for the purpose of determining whether or not to approve a ten year franchise between Comcast Cable Communications Management, LLC and Cowlitz County, Washington. The franchise would allow Comcast Cable Communications Management, LLC to use the below named county roads, highways, alleys, and rights of way for the installation, construction, erection, repair, maintenance, operation, relocation and removal of such “Cable Facilities,” which may include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment or other facilities within the County Rights-of-Way, for the purpose of providing Cable Services and other services utilizing said Cable Facilities in Cowlitz County Washington and all territory lawfully annexed to said County: The existing utilities within Cowlitz County span north to south county lines through Castle Rock, Longview, Kelso, Kalama and Woodland, continuing out Spirit Lake Hwy, Columbia Heights, Ocean Beach Hwy, Rose Valley Rd, and Lewis River Rd. Complete copies of the proposed franchise agreement are available at the office of the Board of County Commissioners, Third Floor, County Administration Building, 207 Fourth Avenue North, Kelso, WA, 98626, or the Department of Public Works, 1600 – 13th Avenue South, Kelso, WA, 98626. Any person may appear to present testimony against or in favor of the proposed ordinance at the date and time given above. The County Administration Building is accessible for persons with disabilities. BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

POSTING AND PUBLICATION REQUIREMENTS: To be posted in three public places in the county seat at least 15 days prior to hearing and published two times, the last being not less than (5) days prior to hearing.

BILLING INFORMATION: AFFIDAVIT TO: Cowlitz County Department of Public Works 1600-13th Avenue Kelso, WA 98626

2) BILL TO: Comcast Cable Attn: Government Affairs 11308 SW 68th Ave Tigard, OR 97223

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Silver Lake

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Memorial Park

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Prescott

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Kalama Kalama

Beaver Homes

Clark

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Cowlitz County Fish Ponds - Unincorporated SERVICE AREA

Ariel

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Canaan

Deer Island

503

Etna Cedar Creek State Wildlife Management Area

Hayes

Woodland Caples Pittsburg

Trenholm

CONFIDENTIAL & PROPRIETARY USE ONLY MARCH 31, 2025

Woodland

Pine Grove

Farghe

Columbia City

Yankton

Columbia Heights

St. Helens

La Center Mud Lake

L oc k w o o d C r

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of a Non-Exclusive Franchise to Comcast Cable Communications Management, LLC, to Construct, Operate and Maintain Cable Facilities on County Rights---of Way; Setting Forth Conditions Accompanying a Grant of a Non-Exclusive Franchise; and Providing for County Administration and Regulation of Said Franchise.

) ) ) ) ) ) ) )

RESOLUTION NO. ________________ ORDER GRANTING A NON-EXCLUSIVE CABLE FRANCHISE

WHEREAS, an application of Comcast Cable Communications Management, LLC, for a non-exclusive franchise to use certain roads, streets, avenues, highways, alleys, rights-of-way and other county properties for the installation, construction, erection, repair, maintenance, operation, relocation and removal of such “Cable Facilities,” which may include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment or other facilities within the County Rights-of-Way, for the purpose of providing Cable Services and other services utilizing said Cable Facilities; and WHEREAS, RCW 36.55, Cowlitz Code Chapters 12.21, 12.26, and 16.31 address the requirements for review and granting of franchises by the County; and WHEREAS, said application has come on regularly for hearing before the Board of County Commissioners of Cowlitz County, Washington on the _____ day of _______, 2026, at the hour of _________a.m., and notice of this hearing having been duly published on the_____ day of _______, 2026, and the _____ day of _______, 2026, in the official newspaper of Cowlitz, County, Washington; NOW, THEREFORE, BE IT ORDERED by the Board of County Commissioners of Cowlitz County, Washington, that a franchise be and the same is hereby given and granted to Comcast Cable Communications Management, LLC, upon the following expressed terms and conditions, to-wit:

CABLE TELEVISION FRANCHISE AGREEMENT

COWLITZ COUNTY, WASHINGTON

COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC

Contents 1. 2. 3.

PURPOSE AND INTENT ................................................................................................. 1 DEFINITIONS .................................................................................................................. 1 GRANT OF FRANCHISE................................................................................................. 4 3.1 Grant ....................................................................................................................... 4 3.2 Use of Public Streets and Rights of Way ................................................................. 5 3.3 Duration and Effective Date of Franchise/Franchise Review ................................... 5 3.4 Franchise Not Exclusive .......................................................................................... 6 3.5 Transfer of Ownership or Control ............................................................................ 6 3.6 Franchise Acceptance ............................................................................................. 7 3.7 Competitive Equity .................................................................................................. 7 3.8 Police Powers ......................................................................................................... 8 3.9 Change of Law ........................................................................................................ 8 CONSTRUCTION AND SERVICE REQUIREMENTS ..................................................... 8 4.1 General ................................................................................................................... 8 4.2 Right of Inspection of Construction ......................................................................... 9 4.3 Availability of Residential Service ............................................................................ 9 4.3.1 Service .............................................................................................................. 9 4.3.2 Annexation ........................................................................................................ 9 4.4 Erection of Poles ..................................................................................................... 9 4.5 Trimming of Trees or other Vegetation .................................................................. 10 4.6 Repair and Restoration of Streets, Public Ways and Grounds .............................. 10 4.6.1 Disturbance of Street Surface ......................................................................... 10 4.6.2 Street Excavations .......................................................................................... 10 4.6.3 Protection, Repair and Restoration of Property ............................................... 10 4.6.4 Notice - Private Property ................................................................................ 11 4.7 Construction Codes ............................................................................................... 11 4.8 Reservations of Street Rights ................................................................................ 12 4.9 Street Vacation and Abandonment ....................................................................... 12 4.10 Movement of Facilities......................................................................................... 13 4.10.1 Movement of Cable System for and By Grantor ............................................ 13 4.10.2 Movement for Other Franchise Holders ........................................................ 13 4.10.3 Movement for Other Permittees .................................................................... 13 4.10.4 Use of Public Funds................................................................................... 13 4.11 Undergrounding................................................................................................... 14 4.12 Hazardous Substances ....................................................................................... 14 SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS ....................................... 14 5.1 Equal and Uniform Service .................................................................................... 14 5.2 System .................................................................................................................. 14 5.3 Emergency Alert Capability ................................................................................... 15 5.4 Status Monitoring .................................................................................................. 15 5.5 Parental Controls .................................................................................................. 15 5.6 Technical Standards ............................................................................................. 15 5.6.1 Residential Network ........................................................................................ 15 5.6.2 Reverse Signals .............................................................................................. 15

10. 11.

12. 13.

SERVICES AND PROGRAMMING. ............................................................................... 16 6.1 Programming Categories. ..................................................................................... 16 6.2 Leased Channel Service. ...................................................................................... 16 6.3 Public, Educational, and Government Use of System. .......................................... 16 6.3.1 Channels ......................................................................................................... 16 6.3.2 Support for Access Costs ................................................................................ 17 6.3.3 Access Support Not Franchise Fees ............................................................... 17 6.3.4 Cable Service to Public Facilities..................................................................... 18 6.3.5 Change in Technology .................................................................................... 18 6.3.6 Technical Quality ............................................................................................. 18 FRANCHISE REGULATION AND CUSTOMER SERVICE STANDARDS .................... 19 7.1 Intent ..................................................................................................................... 19 7.2 Areas of Regulation and Administration................................................................. 19 7.3 Rate regulation ...................................................................................................... 19 7.4 Remedies for Franchise Violations ........................................................................ 20 7.5 Remedies Not Exclusive ........................................................................................ 22 7.6 Consumer Protection Standards............................................................................ 22 7.6.1 Local Office ..................................................................................................... 22 GENERAL FINANCIAL AND INSURANCE PROVISIONS............................................. 23 8.1 Compensation ....................................................................................................... 23 8.2 Additional Commitments Not Franchise Fees ........................................................ 24 8.3 Costs of Publication ............................................................................................... 24 8.4 Tax Liability ........................................................................................................... 24 8.5 Payment on Termination ....................................................................................... 24 8.6 Performance Bond................................................................................................. 24 8.7 Damages and Defense .......................................................................................... 24 8.7.1 Scope of Indemnity ......................................................................................... 24 8.7.2 Duty to Give Notice and Tender Defense..................................................... 25 8.8 Liability Insurance and Indemnification .................................................................. 26 RIGHTS RESERVED TO GRANTOR ............................................................................ 27 9.1 Right to Perform Franchise Fee Audit ................................................................... 27 9.2 Intervention ........................................................................................................... 27 9.3 Right to Require Removal of Property ................................................................... 27 RIGHTS OF INDIVIDUALS PROTECTED ............................................................... 28 10.1 Discriminatory Practices Prohibited ..................................................................... 28 TERMINATION AND EXPIRATION ......................................................................... 29 11.1 Revocation .......................................................................................................... 29 11.2 Renewal .............................................................................................................. 30 11.3 Continuity of Service Mandatory .......................................................................... 30 OPERATION AND MAINTENANCE......................................................................... 30 12.1 Open Books and Records.................................................................................... 30 MISCELLANEOUS PROVISIONS............................................................................ 31 13.1 Compliance with Laws ......................................................................................... 31 13.2 Severability and Preemption ................................................................................ 31 13.3 Force Majeure ..................................................................................................... 31 13.4 Entire Agreement ................................................................................................ 32

13.5 13.6 13.7 13.8 13.9

Consent ............................................................................................................... 32 Consistency of Franchise with Cable Act ............................................................ 32 Notice .................................................................................................................. 32 Time Is Of The Essence ...................................................................................... 33 Reservation of Rights .......................................................................................... 33

PURPOSE AND INTENT Cowlitz County, Washington (hereafter Grantor) is authorized to and by this Franchise Agreement does grant to Comcast Cable Communications Management, LLC (hereafter Grantee) a non-exclusive franchise, through _________, 20__ revocable as provided herein, to construct, operate and maintain a cable communications system in the franchise area comprised of a portion of the area within the unincorporated territory of the Grantor. The purpose of this Franchise Agreement is to create a binding, enforceable contract between Grantor and Grantee.

DEFINITIONS For the purposes of this Franchise Agreement and all attachments included hereto, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used in this franchise, which are not defined hereunder but defined in the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 (Cable Act), shall have the meaning specified in the Cable Act definition. a. "Access" or "Community Access" or “Public. Educational, and Government (PEG) Access" means the availability for use by various agencies, institutions, organizations, groups and individuals in the community, including the County and its designees, of designated channels on the Cable System to acquire, create, and distribute non-commercial programming not under the Grantee's editorial control. b. "Access Channel" or "Public, Educational, and Government Access (PEG) Channel" means any channel or portion of a channel utilized for non-commercial programming, where any member of the general public or any organization may be a programmer, without charge by the Grantee, on a non-discriminatory basis. Nothing in this Franchise shall prevent the Grantor or its designee from carrying out fundraising activities to supplement access capital or operating funds consistent with applicable federal law and regulations, and such fundraising activity shall not in itself constitute a commercial use of access channels. c. "Affiliate", when used in connection with Grantee means any corporation, Person or entity who owns or controls, is owned or controlled by, or is under common ownership or control with, Grantee. d. "Basic Cable Service" means any service tier that includes the retransmission of local television broadcast signals as well as the PEG Channels or as such service tier may be further defined by federal law.

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e. "Cable Act" means collectively the federal Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as amended and any future federal cable television legislation. f. "Cable Operator" means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly, or through one or more Affiliates, own a significant interest in such Cable System or who otherwise control or are responsible for, through any arrangement, the management and operations of such a Cable System. g. "Cable Service" means a) the one-way transmission to subscribers of video programming or other programming service; and b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service covered by the Cable Act. h. "Cable Communications System" or "Cable System" or "System" shall have the meaning specified in the definition of "Cable System" in the Cable Act. In every case of its use in this Franchise, unless otherwise specified, the term shall refer to the Cable system constructed and operated by the Grantee in the County under this Franchise. i.

"Channel" shall have the meaning specified in the definition of "Channel" in Section 602 of the Cable Act, 47 U.S.C. Section 522.4.

"County" means Cowlitz County, a Washington statutory County, and all the territory within its boundaries.

k. "County Commission" means the governing body of the Grantor. l.

"FCC" means the Federal Communications Commission.

m. "Franchise" or "Franchise Agreement" means the authorization granted by this document, or renewal thereof (including renewal of an authorization which has been granted subject to Section 626 of the Cable Act), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system. Unless otherwise specified, "Franchise" shall designate this agreement, including all referenced material, adopted in the appropriate manner by the Grantor. n. "Franchise Area" shall mean the geographic boundaries of the Grantor, excluding incorporated municipalities, and shall include any additions thereto by annexation or other legal means. o. "Grantee" means Comcast Cable Communications Management, LLC and its lawful successors, transferees, or assignees thereof.

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p. "Grantor" means Cowlitz County, a statutory County in the State of Washington. q. "Gross Revenues" means all revenues, as determined in accordance with Generally Accepted Accounting Principles (GAAP), actually received by Grantee from Subscribers residing within the Franchise Area for Cable Services purchased by such Subscribers on a regular, recurring monthly basis. Gross Revenues shall not include (1) any taxes, fees or assessments collected by the Grantee from Subscribers for pass through to a government agency, including, without limitation, the FCC user fee, franchise fee, or sales or utility taxes; (2) bad debt; (3) credits, refunds and deposits paid to Subscribers; and (4) any exclusion available under applicable state law. r. "Monitoring" means observing a one-way communications signal, or the absence of a signal, where the observer is neither the subscriber nor the programmer, whether the signal is observed by visual or electronic means, for any purpose whatsoever. s. "Person" means any corporation, partnership, proprietorship, individual, organization, or other entity authorized to do business in the State of Washington, or any natural person. t. "Programmer" means any person or entity who or which produces or otherwise provides program material or information for transmission by video, audio, digital or other storage methods or media, to subscribers, by means of the cable communications system. u. "Programming" means the process of causing television programs or other patterns of signals in video, voice, or data formats to be transmitted on the Cable System and includes all programs or patterns of signals transmitted or capable of being transmitted on the Cable System. v. "Record" means, in addition to that defined by 42.56 RCW, any written or graphic materials, however produced or reproduced, or any other tangible permanent record, including, without limitation, all letters, correspondence, memoranda, minutes, notes, summaries or accounts of telephone conversations, opinions or reports of consultants or experts, invoices, billings, statements of accounts, studies, appraisals, analyses, contracts, agreements, charts, graphs, magnetic and laser disk files, and photographs, to the extent related to the enforcement or administration of this Franchise. w. "Resident" means any natural person residing within the Franchise Area. x. "Residential Service" means services delivered on the residential subscriber network. y. "Residential Subscriber" means a resident who lawfully receives Cable Services on the residential subscriber network.

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z. "Residential Network" means a cable communications system or Cable System. aa. "School" means any public or private primary or secondary school, college, or university, but excluding home schools and private primary and secondary institutions that are not registered by the State of Washington. bb. "Section" means any Section, Subsection, or provision of this Franchise Agreement. cc. "Streets and Public Ways" means the surface of and the space above and below any public street, roads, sidewalk, alley, public lands and waterways used as public rights-of-way or other public way of any type whatsoever, now or hereafter existing as such within the Franchise Area, and any easements, rights of way or other similar means of access to the extent Grantor has the right to allow Grantee to use them. dd. "Subscriber" means a Person who lawfully receives Cable Service over the Cable System with Grantee's express permission. ee. "Tapping" means observing a two-way communications signal exchange where the observer is neither of the communicating parties, whether the exchange is observed by visual or electronic means, for any purpose whatsoever. ff. “Year” means a full twelve-month calendar year, unless designated otherwise, such as a “fiscal year.” 3.

GRANT OF FRANCHISE 3.1 Grant Grantor hereby grants to the Grantee a non-exclusive and revocable franchise from and after the effective date hereof, revocable as provided herein, to construct, operate and maintain a cable communications system within the Public Rights-of-Way of the Franchise area. This franchise constitutes the authority, right, privilege and obligation to provide Cable Services and other lawful communications services over the facilities of the Cable Communications System as required and conditioned by the provisions of this Franchise Agreement. This franchise is subject to the laws of the United States and the State of Washington, and to the general lawful police power of Cowlitz County affecting matters of general county concern and not merely existing contractual rights of Grantee, whether now existing or hereinafter enacted. Nothing in this agreement shall be deemed to waive the requirements of other codes and ordinances of general applicability enacted, or hereafter enacted, by Grantor. In particular, this Franchise supersedes the Grantor's Cable Code and ordinances in any matter in which the Franchise and the Code and ordinances are in conflict. The Grantor shall make a good faith effort to notify the Grantee of any County proceedings which would substantially affect the Grantee's operations and shall upon request supply the Grantee with copies of any County laws or regulations affecting Grantee's operations.

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Grantee promises and guarantees a s a condition of exercising the privileges granted by this Agreement, that any Affiliate or joint venture or partner of the Grantee directly involved in the offering of Cable Service in the Franchise Area or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the terms and conditions of this Agreement. 3.2 Use of Public Streets and Rights of Way Subject to Grantor’s supervision and control, Grantee may, for the purpose of constructing, operating and maintaining a cable communications system along the Public Rights-of-Way within the Franchise Area, erect, install, audit, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public streets and ways within the Franchise Area such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary, convenient and appurtenant to the operation of the cable communications system. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations, and procedures now in effect or enacted hereafter. Prior to construction or alteration within County road rights-of-way, the Grantee shall in each case obtain any and all necessary permits and file plans as required with the appropriate agencies of Grantor and in accordance with any agreements with utility providers and companies, pay applicable fees, and receive approval as necessary before proceeding. Nothing in this section shall relieve the Grantee of the obligations of Section 4.5 regarding the trimming of trees and other vegetation. 3.3 Duration and Effective Date of Franchise/Franchise Review Except as otherwise provided herein for revocation, the term of this franchise and all rights, privileges, obligations, and restrictions pertaining thereto shall be ten (10) years from the effective date of this agreement, at which time the franchise shall continue on a month-tomonth basis until a new franchise agreement has been reached. The effective date of the franchise shall be the date of acceptance by Grantee, unless the Grantee fails to file the Franchise acceptance in accordance with Section 3.7 herein, in which event this Franchise shall be null and void. Within sixty (60) days’ notice of the fourth or any one of the subsequent anniversaries of the effective date of the Franchise, the Grantor may, but is not required to, conduct a review of the Franchise. The purpose of the review shall be to ensure, with the benefit of full opportunity for public comment, that the Grantee continues to effectively serve the public in light of new cable law and regulation, and community needs and interests, with consideration of all financial, technological, and operational impacts that may affect the Grantor, including public, education, and government access (PEG) channels and PEG capital support. Both the Franchising Authority and Grantee agree to make a full and good faith effort to participate in the review. If, after completion of the review, the Grantor and Grantee agree that the public interest will be served by modifying certain franchise obligations and/or extending the term of the Franchise, the Grantor, with the expressed agreement of the Grantee, may modify the obligations and/or extend the term of the Franchise.

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3.4 Franchise Not Exclusive This Agreement shall be nonexclusive, and is subject to all prior rights, interests, agreements, permits, easements, or licenses granted by Grantor to any Person to use any Street, right-ofway, easement, or property for any purpose whatsoever, including the right of Grantor to use same for any purpose it deems fit, including the same or similar purposes allowed Grantee hereunder. Grantor may at any time grant authorization to use the public rights-of-way for any purpose not incompatible with Grantee's authority under this Agreement and for such additional Franchises for Cable Systems as Grantor deems appropriate, upon such terms and conditions as Grantor deems appropriate. 3.5 Transfer of Ownership or Control This franchise shall be binding upon, and inure to the benefit of, the successors, legal representatives, and assigns of the Grantee. a. Neither the Grantee nor any other Person may transfer the Franchise without the prior consent, by ordinance of the County, which consent shall not be unreasonably withheld or delayed. No transfer of control of the Grantee, defined as an acquisition of 51% or greater ownership interest in Grantee, shall take place without the prior consent, by ordinance of the County, which consent shall not be unreasonably withheld or delayed. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. Within thirty (30) days of receiving a request for consent, the County shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional information, if any, it requires to determine the legal, financial, and technical qualifications of the transferee or new controlling party. If the County has not taken final action on the Grantee's request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed granted. b. The County's approval shall be based upon the financial responsibility of the party unto whom the franchise is being proposed for sale, assignment, or transfer. The proposed assignee must show it has the financial capability, technical ability, and legal qualifications sufficient to comply with the terms of the franchise as determined by the County and must agree to comply with all provisions of the franchise. c. The consent or approval of the Board of County Commissioners to any transfer of the franchise shall not constitute a waiver of release of the rights of the County in and to the streets and rights of way, and any transfer shall by its terms be expressly subordinate to the terms and conditions of this franchise. d. In no event shall a transfer of ownership or control of the franchise be approved without successor in interest becoming a signatory to the franchise agreement.

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3.6 Franchise Acceptance The Grantee, within sixty (60) days after the tender by the Grantor to Grantee of the Franchise Agreement adopted by the Grantor, shall record with the Grantor's Auditor’s Office a written acceptance executed by the Grantee. In the event Grantee fails to file the acceptance as required herein, then this Franchise shall be null and void. By accepting the Agreement, the Grantee: (1) acknowledges and accepts the Grantor's legal right to issue and enforce the Agreement; (2) agrees that it will not oppose the Grantor's intervening in any proceeding affecting the Cable System; (3) accepts and agrees to comply with each and every provision of this Agreement; and (4) agrees that the Agreement was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. Notwithstanding the provisions of Section 8.8, the Grantee shall not be obligated to indemnify Grantor in a proceeding affecting the Cable System in which the Grantor chooses to intervene. 3.7 Competitive Equity a. The Grantee acknowledges and agrees that the Grantor reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the Service Area; provided, the Grantor agrees that, within ninety (90) days of the Grantee's request, it shall amend this Franchise to include any material terms or conditions that it makes available to the new entrant, or provide relief from existing material terms or conditions, so as to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material terms and conditions" include but are not limited to: franchise fees; insurance; system build-out requirements; security instruments; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive entry, so long as the regulatory and financial burdens on each entity are materially equivalent. The parties agree that, notwithstanding any provision of this subsection, the Grantor shall not be obligated to comply with the provisions of this subsection to the extent doing so would cause the Grantor to violate applicable laws or FCC rules. Video programming services delivered over wireless broadband networks are specifically exempted from the requirements of this section. b. In the event that a competitive franchise is granted by Grantor as described in Section 3.7(a) above which contains material terms and conditions that are more favorable or less burdensome than the terms of this Franchise, and notice thereof is duly provided to Grantee, the Grantee shall submit to Grantor in writing (1) the basis for Grantee's belief that certain provisions of its Franchise place Grantee at a competitive disadvantage; (2) the provisions of this Franchise to be amended; and (3) specific language modifying any such Franchise provisions. Grantor and Grantee shall negotiate in good faith such amendments to the Franchise within one hundred and twenty (120) days, unless otherwise agreed to by the parties. If the parties fail to reach agreement in informal negotiations, either party may initiate mediation and the other agrees to participate in mediation in good faith. Each party shall bear its own cost for mediation. In the event the parties are not able to reach agreement in informal negotiations or mediation, Grantee may exercise its rights Page 7 of 33

under Subsection (c) below. c. Grantee's notice to Grantor under this Subsection (c) shall be deemed to be Grantee's renewal notification pursuant to Section 626 of the Cable Act. Grantee may elect at any time prior to the commencement of the Grantee's thirty-six (36) month renewal window provided by 47 USC §546 to file a written notice indicating an election to shorten the term of this Franchise, and thereafter the term of Grantee's Franchise shall, one hundred and twenty (120) days from the Grantee's written notice, be shortened so that the Franchise shall be deemed to expire on a date thirty six (36) months from the first day of the month following the date of Grantee's notice. Grantee shall immediately thereafter secure franchise renewal rights pursuant to Section 626 of the Cable Act with no further notice to the Grantor required. The Grantor and Grantee shall then enter into proceedings consistent with Section 626 for renewal of this Franchise. The Grantor and Grantee shall have all rights and obligations provided under said Section 626 (47 U.S.C. Section 546). 3.8 Police Powers Grantee’s rights hereunder are subject to the lawful police powers of Grantor to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted, by Grantor. 3.9 Change of Law In the event there is a change in federal or state statute or regulation applicable to the Cable System or to this Agreement, the Grantor or the Grantee may notify the other party of its desire to amend this Agreement in order to comply with the change in statute or regulation provided such amendment is approved by the Grantor and Grantee. Grantor and Grantee shall work diligently within a one hundred and twenty (120) day period after notification to negotiate a mutually agreeable amendment. 4.

CONSTRUCTION AND SERVICE REQUIREMENTS 4.1 General In all its construction and service provision activities, Grantee shall meet or exceed the construction, extension, service, and technical performance requirements set forth in this Franchise Agreement. Subject to applicable laws, regulations, and ordinances of Grantor and the provisions of this Franchise, Grantee may perform all construction necessary for the operation of its Cable System. All construction and maintenance of any and all Grantee's facilities within Streets incidental to Grantee's Cable System shall, regardless of who performs the construction, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities within

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the Streets. Grantee shall pay, prior to issuance, all applicable fees of the requisite construction permits. Prior to beginning any construction, Grantee shall provide Grantor with a construction schedule for work in the Streets. All construction shall be performed in compliance with this Agreement and all applicable Grantor ordinances and codes. When obtaining a permit, Grantee shall coordinate with Grantor regarding other construction currently in progress, planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, grantees, permittees, and franchisees so as to reduce, as far as possible, the number of Street cuts. If the Grantee proposes street excavations or borings in order to install maintain, or alter its facilities, then Grantee shall apply for a utility-street/right-of-way permit. If Grantee damages Grantor's underground facilities, then Grantee, at Grantee's cost, shall immediately repair the damaged facilities to as good as prior condition. 4.2 Right of Inspection of Construction Grantor shall have the right to inspect all construction or installation work performed within the Franchise Area and to make such tests as it shall find necessary to ensure compliance with construction or installation standards of this Franchise Agreement and other pertinent provisions of law. 4.3 Availability of Residential Service 4.3.1 Service Grantee shall have the right, but not the obligation to extend the Cable System into any portion of the Franchise Area, including annexed areas. Cable Service offered to Subscribers pursuant to this Franchise shall be conditioned upon Grantee having legal access on reasonable terms and condition to any such Subscriber’s dwelling unit or other units wherein such Cable Service is provided. 4.3.2 Annexation In the event any portion of the Franchise Area is annexed by a city, resulting in that portion having two or more cable communications franchises, then to the extent permitted by law, the Grantee's rights hereunder shall continue in effect but the Grantee shall not be required to construct a cable system passing the same homes as are passed by an existing cable system operating under the authority of an existing city franchise. 4.4 Erection of Poles If additional poles in an existing aerial utility system route are required, Grantee shall negotiate with the utility company or provider for the installation of the needed poles. Grantee shall not erect, for any reason, any pole on or along any street or public way in an existing aerial utility system unless approved by the Grantor. The Grantee shall negotiate the lease of pole space Page 9 of 33

and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions, and shall comply with all applicable ordinances, resolutions, rules, and regulations of the Grantor. 4.5 Trimming of Trees or other Vegetation Subject to acquiring prior written permission of the Grantor after filing an integrated vegetation management plan, the Grantee shall have the authority to trim trees that overhang a street or public way of Grantor so as to prevent the branches of such trees from coming in contact with its Cable System, in accordance with applicable codes and regulations and current, accepted professional tree trimming practices. 4.6 Repair and Restoration of Streets, Public Ways and Grounds 4.6.1 Disturbance of Street Surface Whenever Grantee disturbs the surface of any Street for any purpose, Grantee shall promptly restore the Street in accordance with applicable ordinances, standards, rules, and regulations of Grantor. When any opening is made by Grantee in a hard surface pavement in any Street, Grantee shall refill within twenty-four (24) hours the opening and restore the surface to a condition satisfactory to Grantor. In cases where seasonal conditions do not allow full restoration within twenty-four (24) hours, Grantee will patch the surface consistent with the requirements of the Grantor, and then permanently restore the surface as soon as conditions allow. 4.6.2 Street Excavations If Grantee excavates the surface of any Street, Grantee shall be responsible for restoration in accordance with applicable ordinances, standards, rules, and regulations of Grantor within the area affected by the excavation. Grantor may, after providing notice to Grantee, refill or repave any opening made by Grantee in the Street, and the expense thereof shall be paid by Grantee. Grantor may, after providing notice to Grantee, perform any required work, or remove or repair any work done by Grantee which, in the determination of Grantor, is inadequate. The cost thereof, including the costs of inspection and supervision, shall be paid by Grantee. All excavations made by Grantee in the Streets shall be properly safeguarded for the prevention of accidents. All of Grantee's work under this Agreement, and this Section in particular, shall be done in compliance with applicable rules, regulations, and ordinances of Grantor. Prior to making any Street or right-of-way cuts or openings, Grantee shall obtain the required construction permit from Grantor. 4.6.3 Protection, Repair and Restoration of Property a. The Grantee shall protect public and private property from damage in connection with construction, maintenance, and repair of its Cable System. If damage occurs the Grantee shall promptly notify the property owner within twenty-four (24) hours via phone, email, in-person or in writing.

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b. If public or private property is disturbed or damaged, the Grantee shall restore the property to as good as the former condition, normal wear and tear excepted. Streets or other Grantor property shall be restored in a manner consistent with applicable ordinances, standards, rules and regulations of Grantor. If restoration of Street or other property of the Grantor is not satisfactorily performed within a reasonable time, the Director of Public Works may, after prior notice to the Grantee, or without notice where the disturbance or damage may create an immediate risk to public health or safety, or cause delay or added expense to a public project, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the Grantor. If suit is brought upon Grantee's failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the Grantor, then the Grantee shall pay all of the Grantor's actual costs and expenses resulting from the non-payment, including damages, interest from the date the bill was presented, disbursements, attorneys' fees, and litigation-related costs. Private property must be restored promptly, considering the nature of the work that must be performed and in no event later than seventy-two (72) hours except for circumstances beyond Grantee's control. 4.6.4 Notice - Private Property Prior to entering onto private property to construct, operate or repair its Cable System, Grantee shall give the Person residing on or using the property adequate written notice (such as a door hanger which clearly identifies the anticipated construction) that it intends to work on the property, a description of the work it intends to perform and a name and phone number the Person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents, and users. 4.7 Construction Codes The Grantee shall strictly adhere to all applicable building, zoning or other laws and codes currently or hereafter in force in Grantor's jurisdiction. The Grantee shall arrange its lines, cables, and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference, as determined by the Grantor, with the use of said public or private property by any person. In the event of such interference, Grantor may require the removal of Grantee's lines, cables, and appurtenances from the property in question. Grantee's Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of Grantor, or with any other pipes, wires, conduits, pedestals, structures, equipment, or other facilities that may have been laid in the Streets by, or under, Grantor's authority. Grantee shall provide and use any equipment necessary to control and carry Grantee's cable television signals so as to prevent injury to Grantor's property or property belonging to any Person. Grantee, at its own expense, shall repair, change, and improve its facilities to keep

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them in good repair, and safe and presentable condition. All work authorized and required hereunder shall be done in a safe, thorough, and workmanlike manner. The Grantee must comply with all safety requirements, rules and practices and employ all necessary devices as required by applicable law during construction, operation, and repair of its Cable System. By way of illustration and not limitation, the Grantee must comply with applicable National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. Grantee shall ensure that the drops are properly bonded to the electrical power ground at the home, consistent with the applicable requirements of the National Electric Code and the National Electrical Safety Code. All non-conforming or non-performing drops shall be replaced by Grantee as necessary. 4.8 Reservations of Street Rights Nothing in this Franchise Agreement shall be construed to prevent any public work of the Grantor, including without limitation constructing sewers, grading, paving, repairing and/or altering any street, alley, or public highway, or laying down, repairing, or removing water mains or maintaining, repairing, constructing, or establishing any other public property. If any property of the Grantee shall interfere with the construction or repair of any street or public improvement, whether it be construction, repair or removal of a sewer or water main, the improvement of a street or any other public improvement, then on reasonable notice from the Grantor all such property including poles, wires, conduits or other appliances and facilities shall be removed, replaced or relocated in a timely manner as shall be directed by the Grantor, so that the same shall not interfere with the said public work of the Grantor, and such removal, replacement or relocation shall be at the expense of the Grantee. In the event of failure, neglect, or refusal of the Grantee, to relocate its facilities or to repair, restore, or reconstruct such street, the Grantor may do such work or cause it to be done, and the cost thereof to the Grantor shall be paid by the Grantee. Grantor shall in no event be liable for any damage to any portion of Grantee's Cable System on account of the removal, adjustment, or relocation of Grantee's facilities pursuant to this subsection. 4.9 Street Vacation and Abandonment In the event any street, alley, public highway, or portion thereof used by the Grantee shall be vacated by the Grantor, or the use thereof discontinued by the Grantee, during the term of this franchise, the Grantee shall forthwith remove its facilities therefrom unless specifically permitted in writing to continue the same by the new controlling jurisdiction or property owner, as appropriate. At the time of removal thereof the Grantee shall, without delay or expense to Grantor, restore, repair, or reconstruct the street area where such removal has occurred, and place the street area where such removal has occurred in such condition as may be reasonably required by Grantor. In the event of failure, neglect, or refusal of the Grantee, to repair, restore, or reconstruct such street, the Grantor may do such work or cause it to be done provided that Grantor first notifies and provides Grantee thirty (30) days to cure, unless additional time is granted in writing by the Grantor. The cost incurred by Grantor, including the cost of inspection, supervision and administration, shall be paid by the Grantee within thirty (30) days of receipt of the invoice from Grantor. Page 12 of 33

4.10 Movement of Facilities 4.10.1 Movement of Cable System for and By Grantor The Grantor may remove, replace, modify, or disconnect Grantee's facilities and equipment located in the public right-of-way or on any other property of the Grantor in the case of fire, disaster, or other emergency, or when a project of the Grantor's makes the removal, replacement, modification, or disconnection necessary. Except during an emergency, the Grantor shall attempt to provide reasonable notice to Grantee prior to taking such action and shall, when feasible, provide Grantee with the opportunity to perform such action. Following notice by the Grantor, Grantee shall remove, replace, modify, or disconnect any of its facilities or equipment within any Street, or on any other property of the Grantor, except that the Grantor shall provide at least sixty (60) days’ written notice of any major capital improvement project which would require the removal, replacement, modification, or disconnection of Grantee's facilities or equipment. If the Grantee fails to complete this work within the time prescribed and to the Grantor's satisfaction, the Grantor may cause such work to be done and bill the reasonable cost of the work to the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the Grantor. If in response to a request by the Grantor the Grantee removes or replaces any portion of its Cable System at its own expense in order to accommodate the installation or repair of a communications system used by the Grantor to provide commercial services in competition with Grantee, then Grantor shall reimburse Grantee for the reasonable expense of the removal or replacement. 4.10.2 Movement for Other Franchise Holders If any removal, replacement, modification, or disconnection is requested by another franchise holder to accommodate the construction, operation or repair of the facilities or equipment of such other franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee and such other franchise holder shall determine how costs associated with the removal or relocation shall be allocated. 4.10.3 Movement for Other Permittees At the request of any Person holding a valid over-legal load or structure move permit issued by Grantor, and upon reasonable advance notice, Grantee shall temporarily raise, lower, or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes must be paid by the permit holder, and Grantee may require a reasonable deposit of the estimated payment or payment of the full amount in advance. 4.10.4 Use of Public Funds If public funds, other than the funds of Grantor, including passed-through funds, are available to any Person using such street or public right-of-way for the purpose of defraying the cost of any of the relocation of facilities as provided under Sections 4.9, 4.10 and 4.12 hereof, Grantee shall be afforded equal treatment subject to applicable law Page 13 of 33

and regulations and Grantor shall, upon written request of the Grantee, use its best efforts to make application for such funds on behalf of the Grantee. 4.11 Undergrounding The facilities of the Grantee shall be installed underground in those Service Areas where existing telephone and electric services are both underground at the time of system construction. ln areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the Grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the Grantor, the Grantee shall likewise place its facilities underground. In the event Grantor or any agency thereof directly or indirectly reimburses any utility for the placement of cable underground or the movement of cable, Grantee shall be similarly reimbursed. As-Builts Grantee shall maintain maps of the system or the Cable System and make them available to the Grantor for review upon request. Maps shall be updated as changes occur in the Cable System. The Grantee shall make available to the Grantor, on request maps showing the location of the Grantee's facilities in the streets and public ways within the Franchise Area. 4.12 Hazardous Substances Grantee shall comply with all applicable local, state, and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Cable System in the Streets. Grantee shall maintain and inspect its Cable System located in the Streets. Upon reasonable notice to Grantee, Grantor may inspect Grantee's facilities in the Streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this Agreement, Grantee shall also remove all residue of hazardous substances related thereto. 5.

SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS 5.1 Equal and Uniform Service It is Grantee's general policy that all residential dwelling units in the Franchise Area have equivalent availability to Cable Service from Grantee's Cable System under nondiscriminatory rates and reasonable terms and conditions. Grantee shall not arbitrarily refuse to provide Cable Service to any Person within its Franchise Area, provided that Grantee is authorized to activate the upgraded system node by node. 5.2 System The system performance, capacity and services offered may be reviewed to assure the system keeps pace with changes in technology and is at least comparable to other systems in the Portland Metropolitan area.

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5.3 Emergency Alert Capability Grantee will activate the Emergency Alert System (EAS) in compliance with the provisions and amendments of FCC Regulations Part 11, the Washington State EAS plan, and the local area EAS plan that applies to Cowlitz County. 5.4 Status Monitoring Grantee shall continue to utilize status monitoring of the cable system which can continually monitor the system for signal quality on the forward and return spectrums of the system. In addition, the Grantee shall maintain status monitoring for all power supplies in its headend(s) and hub(s) as well as the distribution system. Status monitoring shall be capable of notifying the Grantee 24/7 of system problems including utility power outages that will negatively affect its customers. 5.5 Parental Controls Upon request by any Subscriber, Grantee shall make available parental control and channel lock information to enable a Subscriber to control access to both the audio and video portions of any or all Channels. 5.6 Technical Standards The Cable System shall be designed, constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in Part 76 of the FCC’’s rules and regulations as they may, from time to time, be amended, regardless of the transmission technology utilized. 5.6.1 Residential Network As of the effective date of this Franchise, the Cable System is capable of delivering as many as one hundred and twenty (120) video Channels. The combined forward trunk and distribution system shall deliver signals to each subscriber's television receiver that meet or exceed applicable FCC specifications on each and every video channel. 5.6.2 Reverse Signals The reverse system of the residential network shall have the capability of providing return signals from any subscriber terminal to the head end of the system which is intended to receive the return signals. The return system will be sufficient if it delivers such signals so as to meet or exceed the following specifications: The system capability includes transmission of digital or data signals.

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SERVICES AND PROGRAMMING. 6.1 Programming Categories. To the extent Grantor has regulatory authority under federal law, Grantee shall provide video programming services in at least the following broad categories to the extent such categories are reasonably available: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

News & Information Sports General Entertainment Arts, Culture, Performing Arts Children/Family Science Travel Information Weather Information Governmental and Educational Programming Movies Religious Programming Foreign language/Ethnic Programming

The identification of these broad categories of programming in no way infers regulatory authority by the Grantor over specific programming services or networks which may be carried on the Cable Communications System. 6.2 Leased Channel Service. Grantee shall meet the requirements for Leased Access Channels imposed by federal law. 6.3 Public, Educational, and Government Use of System. The Grantee will continue to provide three (3) channels dedicated to PEG Access programming, to be shared by the Grantor with the cities of Kalama, Kelso, and Longview, as long as the three (3) channels are programmed and utilized according to the franchise requirements contained within the current or renewed Kalama, Kelso, and Longview franchise agreements. The Grantee and Grantor understand that the communities of Castle Rock and Woodland will receive the Access Channels serving the Grantor. 6.3.1 Channels In the event Grantor loses access to all the public access channels it shares with the Cities of Longview, Washington and Kelso, Washington, and Kalama, Washington due to circumstances beyond the control of the Grantor, and Grantor has sufficient original local or regional programming (50 hours per week and not duplicated more than twice in a week) the Grantee shall provide to the Grantor, for independent administration by the Grantor or its designee throughout the term of the Franchise, one (1) Public, Educational, and Government access channel to be cablecast throughout the Franchise Area. The channel may be used for a combination of Public, Educational, and Government Page 16 of 33

programming based on policy or need. If the Grantor does not provide sufficient original local or regional programming for a period of ten (10) consecutive weeks, Grantee may reclaim this channel for unrestricted use. 6.3.2 Support for Access Costs Grantee shall provide the Grantor $0.50 cents per month, per Residential Subscriber in the Franchise Area for capital costs related to public, educational, and governmental access facilities including but not limited to equipment acquisition or replacement, or such lesser amount if authorized by Grantor. The Grantee shall make such payments quarterly, following the effective date of this agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than forty-five (45) days following the end of the quarter. If Grantor enters into a franchise agreement or amends an existing franchise agreement with another cable operator after the effective date of this Franchise to provide Cable Service in all or any portion of the Grantee's Franchise Area that includes PEG financial support calculated based on a per month, per residential subscriber basis that is less than $0.50 cents per month, per residential subscriber, then Grantee shall be entitled to reduce the PEG contribution to match that of the other cable operator or operators. The Grantor shall provide a report annually to the Grantee showing how the PEG capital funding of the prior year was utilized and how much PEG capital fund remains in reserve. The annual report shall be submitted to Grantee within one hundred twenty (120) days of the close of the Grantor's fiscal year, which fiscal year runs for twelve (12) consecutive months from January 1 to, and including, December 31. Grantee may review records of the Grantor regarding the use of funds described in such report. The Grantor agrees that the report shall document the amounts spent or encumbered for operating support for PEG access. If the report shows that the PEG capital funding reserve has reached [a specific dollar amount, or 100% of the annual PEG capital funding provided the prior year, upon written request of the Grantee, the Grantee and the Grantor will engage in good faith discussions to reduce the PEG capital funding collected from customers and paid to the Grantor each year. If the report shows that the PEG capital funding has been utilized for non-capital purposes, upon written request of the Grantee, the Grantee and the Grantor will engage in good faith discussions to reduce the PEG capital funding collected from customers and paid to the Grantor each year. All Access channels provided to Subscribers under this Agreement shall be included by Grantee on its lowest tier available to Subscribers. 6.3.3 Access Support Not Franchise Fees a. The Grantee agrees that financial support for Access arising from or relating to the obligations set forth in this Section shall in no way modify or otherwise affect the Grantee's obligations to pay franchise fees to the Grantor. The Grantee agrees that although the sum of Franchise Fees and the payments set forth in this Section may total more than five percent (5%) of the Grantee's Gross Revenues in any twelve (12) month period, the additional commitments shall not Page 17 of 33

be offset or otherwise credited in any way against any franchise fee payments under this Franchise Agreement. b. The Grantor recognizes franchise fees and certain additional commitments are external costs as defined under the Federal Communications Commission rate regulations in force at the time of adoption of this Franchise Agreement and the Grantee has the right and ability to include franchise fees and certain other commitments on the bills of cable customers. 6.3.4 Cable Service to Public Facilities The parties acknowledge that as of the Effective Date of this Franchise agreement, Grantee continues to provide Complimentary Services to certain schools, libraries, and public buildings within the Franchise Area, and Grantee shall continue to provide these Complimentary Services throughout the term of this Franchise. In the event Grantee elects, to the extent expressly permitted by applicable laws, to deduct from its franchise fee payment the marginal cost to the Grantee of providing Complimentary Services, Grantee agrees that it will do so only after providing Franchise Authority with one hundred twenty (120) days prior written notice that includes documentation of the Grantee’s marginal costs reasonably acceptable to Franchising Authority. Grantee agrees not to unfairly or unreasonably discriminate against the Franchising Authority with respect to other Washington served local franchising authorities, with respect to the deducted or calculation of costs for Complimentary Services. The Franchising Authority shall have the right, at any time, to discontinue the receipt of all or a portion of the Complimentary Services provided by the Grantee in the event Grantee elects to deduct from its franchise fee payment Grantee’s marginal cost to provide the Complimentary Services as set forth in the preceding paragraph. 6.3.5 Change in Technology In the event Grantee makes any change in the Cable System and related equipment and facilities or in Grantee's signal delivery technology, which directly or indirectly substantially affects the signal quality or transmission of Access Programming, Grantee shall at its own expense take necessary technical steps or provide necessary technical assistance, including the acquisition of all necessary equipment at its facilities to ensure that the capabilities of Access Providers or Access Programmers are not diminished or adversely affected by such change. Designated Access Providers shall be responsible for acquisition of necessary equipment at their respective facilities. 6.3.6 Technical Quality a. Grantee shall maintain all Access Channels with equal video and audio signal quality as all other channels on its Cable System. b. Grantee shall have no responsibility for the technical production quality of the Access programming distributed on the Access Channels.

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c. The Grantee shall not cause any programming other than emergency alert signals to override Access Programming on any Access Channel, except by specific written permission from the Access Provider. 7.

FRANCHISE REGULATION AND CUSTOMER SERVICE STANDARDS 7.1 Intent It is the intent of the Grantor to administer and enforce the provisions of this Franchise. 7.2 Areas of Regulation and Administration The Grantor has authority for regulation in the following areas: a. Administering and enforcing the provisions of this Franchise Agreement, including the adoption of administrative rules and regulations to carry out this responsibility. b. Coordination of the operation of public, government, and educational access channels. c. Disbursing and utilizing franchise revenues paid to the Grantor. d. Customer service, to the extent permitted by law. 7.3 Rate regulation a. Rate Regulation Right Reserved. Grantor reserves the right to regulate Grantee's rates and charges to the full extent authorized by applicable federal, state, and local law, as these may change during the period of the Franchise; and to establish rate regulation policies and guidelines for carrying out its authority. b. Notice of Change in Rates and Charges. Throughout the term of this Franchise, Grantee shall give all subscribers within the Franchise Area at least thirty (30) days’ notice of proposed rate changes, as required by the FCC. Nothing in this subsection shall be construed to prohibit the reduction or waiving of rates or charges in conjunction with promotional campaigns. The provisions of this Section 7.3 shall be subject to the provisions of 47 U.S.C. Section 543 (Section 623 of the Cable Communications Act of 1984), as amended from time to time. It is not intended that this Section expand or diminish the rights of the Grantee and Grantor in relation to regulation of rates and charges under those provisions of the Act, and any provision of this Section or of any other provision of this Franchise that purports to expand or diminish such rights shall be deemed superseded by those provisions of the Act.

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7.4 Remedies for Franchise Violations a. If Grantor believes that Grantee has failed to perform any obligation under this

Agreement or has failed to perform in a timely manner, Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation. Grantee shall have thirty (30) calendar days from the date of receipt of such notice to: 1. Respond to Grantor, contesting Grantor's assertion that a violation has occurred, and request a hearing in accordance with subsection (e) below, or; 2. Cure the violation, or; 3. Notify Grantor that Grantee cannot cure the violation within the thirty (30) days and notify the Grantor in writing of what steps the Grantee shall take to cure the violation including the Grantee's projected completion date for such cure. In such case, Grantor shall set a hearing date within thirty (30) days of receipt of such response in accordance with subsection (c) below. b. In the event that the Grantee notifies the Grantor that it cannot cure the violation within the thirty (30) day cure period, Grantor or its designee may set a public hearing within thirty (30) days of Grantor’s receipt of such notice to review and determine whether the Grantee has taken reasonable steps to cure the violation and whether the Grantee’s proposed plan and completion date for cure are reasonable. In the event such plan and completion date are found to be reasonable, the same shall be approved by the Grantor, who may waive all or part of the liquidated damages for such extended cure period in accordance with the criteria set forth in subsection (g) of this section. c. In the event that the Grantee fails to cure the violation within the thirty (30) day basic cure period, or within an extended cure period approved by the Grantor pursuant to subsection (b), the Grantor may set a hearing to determine what penalties, if any, shall be applied. d. In the event that the Grantee contests the Grantor's assertion that a violation has occurred and requests a hearing in accordance with subsection (a) (1) the Grantor shall set a hearing within sixty (60) days of the Grantor's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what penalties shall be applied. e. In the case of any hearing pursuant to this Section, Grantor shall notify Grantee of the hearing in writing and at the hearing, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. The Grantor shall also hear any other Person interested therein. Page 20 of 33

f. If, after the hearing, Grantor determines that a violation exists, Grantor may utilize one or more of the following remedies: 1. Order Grantee to correct or remedy the violation within a reasonable time frame as Grantor shall determine; 2. Establish the amount of liquidated damages, taking into consideration the criteria provided for in subsection (g) of this Section as appropriate in Grantor's discretion; 3. In the case of a substantial material default of a material provision of this Franchise, revoke this Agreement, and/or 4. Pursue any other legal or equitable remedy available under this Franchise or any applicable law. The determination as to whether a violation of this Franchise Agreement has occurred shall be within the sole discretion of the Grantor and shall be in writing. Grantee may appeal the decision of Grantor to a court of competent jurisdiction as provided by Washington law. g. Subject to Grantee's right to cure as provided in this Section, in the event that Grantor determines that Grantee has violated any material provision of this Franchise as provided herein, Grantor may assess as liquidated damages up to $250.00 per incident for a non-continuing violation and up to $500.00 per incident for a continuing violation, not to exceed $15,000.00 per year. For the purpose of this Section, the term "per incident" means a single occurrence of a violation without regard to number of customers. If within thirty (30) days after written receipt of notice of any asserted violation from the Grantor the Grantee corrects the asserted violation, or if correction is not reasonably possible with the thirty (30) day period, the Grantee initiates good faith efforts satisfactory to the Grantor within the thirty (30) day period to cure the asserted violation and the efforts continue in good faith, then no liquidated damages or other remedy shall be imposed. The liquidated damages set forth in this section of this Franchise may be reduced or waived at the discretion of the Grantor, taking into consideration the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors: 1. Whether the violation was unintentional; 2. The nature of any harm which resulted; 3. Whether there is a history of prior violations of the same or other

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requirements; 4. Whether there is a history of overall compliance, and/or;

5. Whether the violation was voluntarily disclosed, admitted or cured. Grantor shall provide Grantee with written notice that it intends to elect liquidated damage remedies set forth herein. If Grantor elects to recover liquidated damages for any item set forth in this Section, Grantor agrees that such recovery shall be its exclusive remedy except for Grantor's right to seek specific performance for the time period in which liquidated damages are assessed, provided, however, once Grantor has ceased to assess liquidated damages as set forth in this Section, Grantor may pursue any other available remedies. Grantee shall pay any liquidated damages assessed by Grantor within thirty (30) days after they are assessed. If penalties are not paid within that time period, Grantor may pursue enforcement proceedings pursuant to this Section 7.4. 7.5 Remedies Not Exclusive Except as provided in Section 7.4 of this Franchise Agreement, Grantor has the right to apply any one or any combination of the remedies provided for in this Franchise, including without limitation all remedies provided for in this Section 7, and may without limitation pursue any rights, remedies, or actions that it may have in law or equity regardless of whether they are specifically mentioned in this Franchise. 7.6 Consumer Protection Standards The Grantee shall comply with all applicable customer service standards established in the Cable Act or federal rules and regulations, including, and not limited to FCC Rules and Regulations, Part 76, Subpart H and Subpart T, and Grantor has the authority to enforce such standards. Grantee will comply with privacy rights of Subscribers in accordance with federal, state, and local law. 7.6.1 Local Office Throughout the Agreement term, the Grantee shall maintain, at a minimum, one (1) customer service center conveniently located in Cowlitz County which will be open during normal business hours, to provide Subscribers the opportunity for the receipt and pick up of Subscriber equipment and for bill payments and complaints. Grantee shall maintain telephones and other equipment so that customer complaints and service requests can be received by Grantee on a 24-hour basis at a toll-free telephone number. Grantee shall have the options to substitute the service center requirement by providing for pick up or drop off of equipment to all Subscribers within Cowlitz County without charge in any one of the following manners: (a) by having a Grantee representative pick up or deliver the equipment; or (b) by using a prepaid mailer.

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GENERAL FINANCIAL AND INSURANCE PROVISIONS 8.1 Compensation a. Franchise Fee. 1. As compensation for the benefits and privileges granted under this Agreement and in consideration of permission to use Grantor's Public Rights-of-Way, Grantee shall pay as a Franchise fee to Grantor annually, throughout the duration of this Agreement, an amount equal to five percent (5%) of Grantee's Gross Revenues derived from the operation of the Cable System to provide Cable Service in the Franchise Area. Accrual of such Franchise fees shall commence as of the effective date of this Agreement. The Franchise fees are in addition to all other fees, assessments, taxes or payments of general applicability that the Grantee may be required to pay under any federal, state or local law. This Agreement and the Franchise fees paid hereunder are not in lieu of any other generally applicable required permit, authorization, fee, charge or tax. 2. In the event any other cable franchise or authorization to provide video service provides for a lesser franchise fee than this Franchise, Grantee’s obligation to pay a Franchise Fee under this Section A shall be reduced by an equivalent amount. The obligation of Grantee to compensate Grantor through franchise fees is lawfully suspended or eliminated, in whole or in part, then the Grantee shall pay to Grantor compensation equivalent to the compensation paid to Grantor by other similarly situated users of the streets for Grantee's use of the Streets, to the extent Grantor has the legal right to require such compensation. b. Payment of Franchise Fees. 1. Payments due under this provision shall be computed and paid quarterly, for the preceding quarter, as of March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than forty-five (45) days after the dates listed in the previous sentence. At the time of quarterly payment, the Grantee shall submit a written report to the Grantor, verified by an officer of Grantee, which shall contain an accurate statement of all Gross Revenues related to operation of the cable system franchised hereunder, in sufficient detail to enable the Grantor to verify the accuracy of franchise fee payments. 2. No acceptance of any payment shall be construed as accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim Grantor may have for further or additional sums payable under the provisions of this Franchise. All amounts paid shall be subject to audit and re- computation by Grantor.

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3. In the event that a franchise fee payment or other sum is not received by the Grantor on or before the due date, or is underpaid, the Grantee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the legal interest rate in the State of Washington. 8.2 Additional Commitments Not Franchise Fees No term or condition in this Agreement shall in any way modify or affect Grantee's obligation to pay Franchise fees to Grantor. Although the total sum of Franchise fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional commitments herein are not Franchise fees as defined under any federal law, to the extent not inconsistent with applicable federal law, nor are they to be offset or credited against any Franchise fee payments due to Grantor. 8.3 Costs of Publication Grantee shall pay the reasonable cost of newspaper notices and publication pertaining to the renewal of this Agreement and any amendments thereto, as such notice or publication is reasonably required by applicable law. 8.4 Tax Liability Payment of the Franchise fees under this Agreement shall not exempt Grantee from the payment of any generally applicable license, permit fee, or other generally applicable fee, tax or charge on the business, occupation, property, or income of Grantee that may be lawfully imposed by Grantor. 8.5 Payment on Termination If this Agreement terminates for any reason, the Grantee shall file with the Grantor within ninety (90) calendar days of the date of the termination, a financial statement, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. The Grantor reserves the right to satisfy any remaining financial obligations of the Grantee to the Grantor by utilizing the funds available in a performance bond or other security provided by the Grantee. 8.6 Performance Bond Upon sixty (60) days notification, the Grantor may require a performance bond in an amount sufficient to guarantee to Grantor that such County roads shall be restored to current County Road Standards based on the plans and specifications described in Section 4 above. The amount of said bond will be fixed by the County Engineer. 8.7 Damages and Defense 8.7.1 Scope of Indemnity

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To the fullest extent permitted by law, Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the Grantor and its officers, boards, commissions, agents, and employees against any and all claims, including, but not limited to, third party claims, suits, causes of action, proceedings, and judgments for damages or equitable relief arising out of the design, construction, operation, maintenance, or repair of its Cable System regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this Agreement provided, however, the Grantee will not be obligated to indemnify Grantor for damage or injury resulting from the negligence or willful negligence of Grantor or arising from any PEG Access Channel obligations herein. Without limiting in any way the Grantee's obligation to indemnify the Grantor and its officers, boards, commissions, agents, and employees, as set forth above, this indemnity provision also includes damages and liabilities such as: a. To Persons or property, in any way arising out of, or through, the acts or omissions of the Grantee, its contractors, subcontractors and their officers, employees, or agents, or to which the Grantee's negligence shall in any way contribute; b. Arising out of any claim for invasion of the right of privacy; for defamation of any Person, firm or corporation; for the violation or infringement of any copyright, trademark, trade name, service mark, or patent; for a failure by the Grantee to secure consents from the owners or authorized distributors of programs to be delivered by the Cable System; or for violation of any other right of any Person, provided, however, that Grantee will not be required to indemnify Grantor for any claims arising out of use of PEG Access Channels by Grantor and/or Designated Access Providers; c. Arising out of Grantee's failure to comply with the provisions of any federal, state, or local statute, ordinance, rule, or regulation applicable to the Grantee with respect to any aspect of its business to which this Agreement applies; d. Arising from any third party suit, action or litigation, whether brought by a competitor to Grantee or by any other Person or entity, whether such Person or entity does or does not have standing to bring such suit, action or litigation if such action (1) challenges the authority of the Grantor to issue this Agreement to Grantee; or (2) alleges that, in issuing this Agreement to Grantee, the Grantor has acted in a disparate or discriminatory manner; and e. With respect to any such claim for loss or damage suffered by employees of Grantee, Grantee waives for the sole purpose of this paragraph its immunity under worker’s compensation law, RCW title 51, and acknowledge that this waiver has been specifically negotiated between the parties hereto. 8.7.2 Duty to Give Notice and Tender Defense The Grantor shall give the Grantee timely written notice of any claim or of the

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commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorneys' fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 5.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys' fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery. If the Grantee fails to defend as required in Section 8.3 above, then the Grantee agrees to and shall pay all expenses incurred by Cowlitz County, and its officers, agents, and employees, in defending itself with regard to all claims, damages and penalties mentioned in Section 8.3 above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the value of any services rendered by any employees of the Grantor. 8.8 Liability Insurance and Indemnification The Grantee shall maintain in full force and effect during the term of this Agreement, Commercial General Liability insurance with companies or through sources rated at least AVII by AB Best otherwise approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended, with limits of $5,000,000 per occurrence, $5,000,000 aggregate, and commercial umbrella insurance with a limit not less than $5,000,000 per occurrence. The Grantor, its appointed and elected officials, agents and employees, shall be included as additional insureds under such Commercial General Liability insurance in a policy with the same company which insures the Grantee or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall also be required of Grantee during the term of this Agreement. The total limits required hereunder may be met through any combination of primary and excess liability policies. WORKERS COMPENSATION: Statutory amount AUTOMOBILE LIABILITY: coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death, and $5,000,000 Combined Single Limit Property damage liability All Grantee’s insurance policies shall provide primary insurance coverage and be noncontributory to the additional insured parties with respect only to losses for which Grantee is responsible hereunder. Any insurance, self-insured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies with respect only to losses for which Grantee is responsible hereunder. All Grantee’s liability insurance policies granting additional insured status must be endorsed to show this primary coverage. Upon request, the Grantee shall provide a Certificate of Insurance evidencing all requested Page 26 of 33

insurance policies to the Grantor. The Grantor reserves the right, but not the obligation, to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the Grantor reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage which do not otherwise meet the requirements for insurers as set forth hereunder based upon the insurer’s financial condition or licensing status in Washington. Grantor reserves the right to review these insurance requirements every three years. Any deductibles and/or self-insured retentions under Grantee’s required policies shall be the sole responsibility of Grantee. 9.

RIGHTS RESERVED TO GRANTOR 9.1 Right to Perform Franchise Fee Audit The Grantor shall have the right administration or enforcement of this Agreement, in accordance with generally accepted accounting principles. The audit may review payments made and supporting records up to and including three (3) years prior to the date of initiation of the audit. The cost of any such audit shall be borne by the Grantor, except that if through the audit it is established that the Grantee has made underpayment of five percent (5%) or more in franchise fees than required by this Franchise, then the Grantee shall, within thirty (30) days of being requested to do so by the Grantor, reimburse the Grantor for the cost of the audit up to $30,000.00. If there are overpayments of Franchise Fees, Grantee will coordinate with the Grantor to withhold amounts from future Franchise Fee payments until such time as said overpayment is recovered (the “recovery period”). If in addition to overpaying franchise fees to the Grantor, Grantee over-collected franchise fees from customers, during the recovery period Grantee will reduce the franchise fee collection from customers in an equal amount. If instead of an offset from future franchise fee payment, the Grantor elects to refund the franchise fee overpayment to Grantee, if there was an associated over-collection from customers, Grantee will reduce the future franchise fee collection from customers in an amount and for a period of time to match the over-collection. The Grantor agrees to require a third-party auditor to execute a nondisclosure agreement with Grantee in connection with any such audit if the auditor will have access to Grantee's confidential or proprietary information. 9.2 Intervention The Grantee will not hinder the Grantor’s lawful intervention in any suit or proceeding to which the Grantee is a party which may have direct adverse effect upon the construction, upgrade, maintenance or operation of the Cable System. 9.3 Right to Require Removal of Property a. In the event of revocation of this Franchise, pursuant to Section 11.1 of this Franchise, or expiration, following the renewal process pursuant to Section 11.2 of this Franchise, Grantor may order the removal of the above-ground Cable System facilities and such underground facilities as required by Grantor in order Page 27 of 33

to achieve reasonable engineering or Street-use purposes, from the Franchise Area at Grantee's sole expense within a reasonable period of time as determined by Grantor. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Streets, public places, and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment. b. If Grantee fails to complete any required removal to the satisfaction of Grantor, Grantor may cause the work to be done and Grantee shall reimburse Grantor for the reasonable costs incurred within thirty (30) days after receipt of an itemized list of the costs or Grantor may recover the costs through the Performance Bond provided by Grantee. 9.4 Inspection of Facilities Grantor may inspect upon request any of the Grantee's facilities and equipment to confirm compliance with this Franchise Agreement at any time upon at least twenty- four (24) hours' notice, during regular business hours, or, in case of an emergency, upon demand without prior notice. 10.

RIGHTS OF INDIVIDUALS PROTECTED 10.1 Discriminatory Practices Prohibited a. The Grantee shall not deny service, deny access, or otherwise unlawfully discriminate against subscribers, programmers, or persons on the basis of race, color, religion, national origin, sex, age, disability, income, or, except as otherwise provided herein, the area in which such person lives. The Grantee shall comply at all times with all applicable federal, state, or local laws, rules and regulations relating to nondiscrimination. b. The Grantee shall use best efforts to assure maximum practical availability of Grantee services and facilities to all subscribers, regardless of disability, including the provision of a remote-control device to those subscribers who are mobility limited, or where a member of the subscriber's household is mobility limited. c. For hearing impaired customers, the Grantee shall upon request, provide information concerning the cost and availability of equipment to facilitate the reception of all basic services for the hearing impaired. d. Upon request by a subscriber or potential subscriber, the Grantee shall make a reasonable effort as determined by Grantor and as required by the Federal Government to provide information required under Section 7.6.7 or otherwise provided in the normal course of business, in both English and the primary language of the requester.

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e. Nothing in this Section shall be construed to prohibit: 1. The temporary reduction or waiving of rates and charges in conjunction with promotional campaigns; or 2. Grantee from offering reasonable discounts to senior citizens or discounts to economically disadvantaged citizens. 11.

TERMINATION AND EXPIRATION 11.1 Revocation Should the Grantor seek to revoke this Franchise after following the due process procedures set forth Section 7.4 of this Franchise, including the public hearing described therein, the Grantor shall give written notice to Grantee of such intent. The notice shall set forth the specific nature of the noncompliance. The Grantee shall have ninety (90) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the Grantor has not received a satisfactory response from Grantee, it may then seek revocation of the Franchise at a second public hearing. The Grantor shall cause to be served upon the Grantee, at least thirty (30) business days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise. At the designated hearing, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the Grantor, to compel the testimony of other persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such hearing at Grantee's request and expense. Following the public hearing, Grantee shall be provided up to thirty (30) days to submit its proposed findings and conclusions in writing and thereafter the Grantor shall determine (i) whether an event of default has occurred; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured or will be cured by the Grantee. The Grantor shall also determine whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to the Grantee to affect any cure. If the Grantor determines that the Franchise shall be revoked, the Grantor shall promptly provide Grantee with a written decision setting forth its reasoning. Grantee may appeal such determination of the Grantor to an appropriate court, which shall have the power to review the decision of the Grantor in accordance with Washington law. Grantee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of Grantee's receipt of the determination of the Grantor. The Grantor may, at its sole discretion, take any lawful action which it deems appropriate to enforce the Grantor's rights under the Franchise in lieu of revocation of the Franchise. The parties agree that the limitation of Grantor liability set forth in 47 U.S.C. § 555a is applicable to this Franchise Agreement.

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11.2 Renewal Upon expiration of the Franchise, Grantor and Grantee agree that any proceedings undertaken by Grantor that relate to the renewal of this Franchise shall be governed by and comply with the renewal provisions of Section 626 of the Cable Communications Policy Act of 1984, as amended from time to time (47 U.S.C. Section 546). It is not intended that this Franchise diminish the rights of either the Grantor or the Grantee under the Act, and any provisions of this Franchise that purports to diminish such rights shall be deemed superseded by the Act. Grantor shall notify Grantee of all of its assessments regarding the identity of future cable related community needs and interests taking into consideration the costs thereof, as well as the past performance of Grantee under the then current Franchise term, to the extent such assessments are conducted pursuant to Section 626 of the Cable Act. Grantor further agrees that such assessments shall be provided to Grantee promptly so that Grantee has adequate time to submit a proposal under said Section 626 and complete renewal of the Franchise prior to expiration of its term. Notwithstanding anything to the contrary set forth herein, Grantee and Grantor agree that at any time during the term of the then current Franchise, while affording the public appropriate notice and opportunity to comment, the Grantor and Grantee may agree to undertake and finalize informal negotiations regarding renewal of the then current Franchise and the Grantor may grant a renewal thereof. Grantee and Grantor consider the terms set forth in this Section 11.3 to be consistent with the express provisions of 47 U.S.C. Section 546. 11.3 Continuity of Service Mandatory It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the Grantee are honored. In the event that the Grantee elects to upgrade, rebuild, modify, or sell the system, the Grantee shall make its best effort to ensure that all subscribers receive continuous uninterrupted service. 12.

OPERATION AND MAINTENANCE 12.1 Open Books and Records The Grantor shall have the right as necessary or desirable for effectively administering and enforcing the Franchise, to inspect at any time upon reasonable notice, all records of the Grantee relating to the provision of Cable Service under this Franchise, which relate to the operation of the cable system within the Franchise Area. Access to such records shall be maintained or made available at no cost to the Grantor within Cowlitz County or at Grantee's local business office during normal business hours (if maintained locally) or provided within ten (10) days of notice from the County for such records (if not available locally). Access to the aforementioned records shall not be denied by the Grantee to representatives of the Grantor on the basis that said records contain "proprietary information", nor on the basis that they contain trade secrets unless the Grantor cannot protect the trade secrets from disclosure under Washington law. To the extent allowed under Washington law, the Grantor shall protect Page 30 of 33

proprietary information including trade secrets of the Grantee from disclosure. The Grantee shall not be required to maintain any books and records for Franchise compliance purposes longer than three (3) years. 13.

MISCELLANEOUS PROVISIONS 13.1 Compliance with Laws The Grantee shall comply with all federal and state laws and regulations, including regulations, rules and orders of any administrative agency thereof, as well as all general ordinances, resolutions, rules and regulations of the Grantor heretofore or hereafter adopted or established during the entire term of this Franchise, provided that any such ordinances, resolutions, rules and regulations of the Grantor hereafter adopted or established shall not conflict or interfere with the existing rights of the Grantee hereunder. 13.2 Severability and Preemption Subject to the provisions of Section 13.7 below, if any section, subsection, sentence, clause, phrase, term, provision, condition, covenant, or portion of this Franchise Agreement is for any reason held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal legislation, rules, regulations or decision, the remainder of this Franchise shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, provision, condition, covenant and portion of this Franchise shall be valid and enforceable to the fullest extent permitted by law. If any material provision of this Franchise is for any reason held invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal law, rules, regulations, or decision so that the intent of these provisions is frustrated, the parties agree to immediately negotiate replacement provisions to fulfill the purpose and intent of the superseded provisions consistent with applicable law. In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, then the provision shall be read to be preempted to the extent and for the time required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended, or otherwise changed so that the provision hereof that had been preempted is no longer preempted, the parties shall discuss the regulatory changes and mutually agree to modify the Franchise consistent with such regulatory change. 13.3 Force Majeure If by reason of force majeure the Grantee is unable in whole or in part to carry out its obligations hereunder, the Grantee shall not be deemed in violation or default during the continuance of such inability. The term "force majeure" as used herein shall mean the following: acts of God; Page 31 of 33

strikes, lockouts or other industrial disturbances; acts of public enemies; orders of the government of the United States of America, or of the State of Washington, or their departments, agencies, political subdivisions, or officials; acts of any civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; restraint of government and people; civil disturbances; explosions; partial or entire failure of utilities; documented work delays caused by waiting for utility providers to service or monitor utility poles to which Grantee's facilities are attached and documented unavailability of materials and/or qualified labor to perform the work necessary; and similar occurrences outside the control of the Grantee. The Grantee agrees, however, to give its best efforts to remedy as soon as possible, under the circumstances, the cause or causes preventing Grantee from carrying out its responsibilities and duties under this Franchise Agreement. 13.4 Entire Agreement This Franchise Agreement contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. Any ordinances or parts of ordinances that conflict with the provisions of this Franchise are superseded by this Franchise. 13.5 Consent Wherever the consent or approval of either the Grantee or the Grantor is specifically required in this agreement, such consent or approval shall not be unreasonably withheld. 13.6 Consistency of Franchise with Cable Act The parties intend and believe that all of the provisions hereof are consistent with and permitted by the Cable Communications Policy Act of 1984, the Cable Act of 1992 and the Telecommunications Act of 1996, as amended. 13.7 Notice Any notice provided for under this Franchise shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States mail, postage prepaid, certified mail, return receipt requested. General updates may be communicated electronically as appropriate, agreed to and acknowledged by both parties. At the effective date of this Agreement, such addresses shall be: If to the County:

If to the Grantee:

Shawn Roewe Cowlitz County Finance Director 207 N 4th Avenue, RM 308 Kelso, WA 98626

Comcast Cable Attention: Government Affairs 11308 SW 68th Avenue Tigard, OR 97223

Page 32 of 33

13.8 Time Is Of The Essence Whenever this Agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence. 13.9 Reservation of Rights Notwithstanding any provision to the contrary, the parties reserve any and all rights at law or in equity regarding any enforcement proceeding or other matters hereunder.

Comcast Cable Communications Management, LLC By:_______________________________

Date:________________________

Title:______________________________

Dated this _______ day of ________________, 2026

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ___________________________________ Steve Rader, Commissioner ___________________________________ Steven Ferrell, Commissioner ___________________________________ Richard R. Dahl, Commission

Attest: ______________________________ Kelly Grayson, Clerk of the Board

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AS-14703 Consent B. 2. BOCC Agenda Meeting Date: 03/03/2026 2026 Cowlitz County Law Enforcement Shooting Range Memorandum of Agreement between Cowlitz County Sheriff and Inter-Con Security Submitted For: Katrina Harris Submitted By: Katrina Harris Department: Sheriff Information Subject and Summary Statement Cowlitz County entered into a lease agreement with Cowlitz Game and Anglers, Inc. in October of 2019 for the Cowlitz County Public Shooting Range. The Cowlitz County Sheriff's Office then entered into a sublease agreement with Cowlitz Game and Anglers, Inc. on August 22, 2023. Both the 2019 Lease and the Sublease provide that other law enforcement agencies or criminal justice agencies are authorized to use the LE Range, provided that each of those agencies has entered into a Memorandum of Agreement with the Sheriff. This is the Memorandum of Agreement between Cowlitz County Sheriff and Inter-Con Security for the use of the range for law enforcement firearms training activities. This MOA is for the period of January 1, 2026, through December 31, 2026.

Will Staff Attend - NAME OF STAFF Yes - Sheriff Brad Thurman or designee Department Recommendation Staff recommend that the Cowlitz County Commissioners acknowledge and approve the signed Memorandum of Agreement between Cowlitz County Sheriff and Inter-Con Security for the use of the Law Enforcement Range located at Cowlitz Game and Anglers, Inc. for the period of January 1, 2026, through December 31, 2026.

Fiscal Impact Expenditure Required $: Budget Sufficient Y-N: y Amendment Required Y-N: n Source of Funds - What Dept ? : Sheriff Grant Y-N: n Attachments 2026 Cowlitz County Law Enforcement Shooting Range Memo of Agreement with CCSO and Inter-Con Security Exhibit A Exhibit B Exhibit C Exhibit D

Form Review Inbox Brad Thurman Form Started By: Katrina Harris

Reviewed By Brad Thurman

Date 02/20/2026 11:36 AM Started On: 02/18/2026 01:27 PM

AS-14704 Consent B. 3. BOCC Agenda Meeting Date: 03/03/2026 2026 Cowlitz County Law Enforcement Shooting Range Memorandum of Agreement between Cowlitz County Sheriff and Cowlitz Tribal Police Department Submitted For: Katrina Harris Submitted By: Katrina Harris Department: Sheriff Information Subject and Summary Statement Cowlitz County entered into a lease agreement with Cowlitz Game and Anglers, Inc. in October of 2019 for the Cowlitz County Public Shooting Range. The Cowlitz County Sheriff's Office then entered into a sublease agreement with Cowlitz Game and Anglers, Inc. on August 22, 2023. Both the 2019 Lease and the Sublease provide that other law enforcement agencies or criminal justice agencies are authorized to use the LE Range, provided that each of those agencies has entered into a Memorandum of Agreement with the Sheriff. This is the Memorandum of Agreement between Cowlitz County Sheriff and Cowlitz Tribal Police Department for the use of the range for law enforcement firearms training activities. This MOA is for the period of January 1, 2026, through December 31, 2026. Will Staff Attend - NAME OF STAFF Sheriff Thurman or designee Department Recommendation Staff recommend that the Cowlitz County Commissioners acknowledge and approve the signed Memorandum of Agreement between Cowlitz County Sheriff and Cowlitz Tribal Police Department for the use of the Law Enforcement Range located at Cowlitz Game and Anglers, Inc. for the period of January 1, 2026, through December 31, 2026.

Fiscal Impact Expenditure Required $: Budget Sufficient Y-N: y Amendment Required Y-N: n Source of Funds - What Dept ? : Sheriff Grant Y-N: n Attachments 2026 Cowlitz Law Enforcement Shooting Range Memo with CCSO and Cowlitz Tribal Police Department Exhibit A Exhibit B Exhibit C Exhibit D

Form Review Inbox Brad Thurman Form Started By: Katrina Harris

Reviewed By Brad Thurman

Date 02/20/2026 11:36 AM Started On: 02/18/2026 01:39 PM

AS-14705 Consent B. 4. BOCC Agenda Meeting Date: 03/03/2026 2026 Cowlitz County Law Enforcement Shooting Range Memorandum of Agreement between Cowlitz County Sheriff and Woodland Police Department Submitted For: Katrina Harris Submitted By: Katrina Harris Department: Sheriff Information Subject and Summary Statement Cowlitz County entered into a lease agreement with Cowlitz Game and Anglers, Inc. in October of 2019 for the Cowlitz County Public Shooting Range. The Cowlitz County Sheriff's Office then entered into a sublease agreement with Cowlitz Game and Anglers, Inc. on August 22, 2023. Both the 2019 Lease and the Sublease provide that other law enforcement agencies or criminal justice agencies are authorized to use the LE Range, provided that each of those agencies has entered into a Memorandum of Agreement with the Sheriff. This is the Memorandum of Agreement between Cowlitz County Sheriff and Woodland Police Department for the use of the range for law enforcement firearms training activities. This MOA is for the period of January 1, 2026, through December 31, 2026. Will Staff Attend - NAME OF STAFF Sheriff Thurman or designee Department Recommendation Staff recommend that the Cowlitz County Commissioners acknowledge and approve the signed Memorandum of Agreement between Cowlitz County Sheriff and Woodland Police Department for the use of the Law Enforcement Range located at Cowlitz Game and Anglers, Inc. for the period of January 1, 2026, through December 31, 2026.

Fiscal Impact Expenditure Required $: Budget Sufficient Y-N: y Amendment Required Y-N: n Source of Funds - What Dept ? : Sheriff Grant Y-N: n Attachments 2026 Cowlitz County law Enforcement Shooting Range Memo of Agreement with Woodland Police Department Exhibit A Exhibit C Exhibit C Exhibit D

Form Review Inbox Brad Thurman Form Started By: Katrina Harris

Reviewed By Brad Thurman

Date 02/20/2026 11:36 AM Started On: 02/18/2026 01:44 PM

AS-14706 Consent B. 5. BOCC Agenda Meeting Date: 03/03/2026 2026 Cowlitz County Law Enforcement Shooting Range Memorandum of Agreement between Cowlitz County Sheriff and Castle Rock Police Department Submitted For: Katrina Harris Submitted By: Katrina Harris Department: Sheriff Information Subject and Summary Statement Cowlitz County entered into a lease agreement with Cowlitz Game and Anglers, Inc. in October of 2019 for the Cowlitz County Public Shooting Range. The Cowlitz County Sheriff's Office then entered into a sublease agreement with Cowlitz Game and Anglers, Inc. on August 22, 2023. Both the 2019 Lease and the Sublease provide that other law enforcement agencies or criminal justice agencies are authorized to use the LE Range, provided that each of those agencies has entered into a Memorandum of Agreement with the Sheriff. This is the Memorandum of Agreement between Cowlitz County Sheriff and Castle Rock Police Department for the use of the range for law enforcement firearms training activities. This MOA is for the period of January 1, 2026, through December 31, 2026. Will Staff Attend - NAME OF STAFF Sheriff Thurman or designee Department Recommendation Staff recommend that the Cowlitz County Commissioners acknowledge and approve the signed Memorandum of Agreement between Cowlitz County Sheriff and Castle Rock Police Department for the use of the Law Enforcement Range located at Cowlitz Game and Anglers, Inc. for the period of January 1, 2026, through December 31, 2026.

Fiscal Impact Expenditure Required $: Budget Sufficient Y-N: y Amendment Required Y-N: n Source of Funds - What Dept ? : Sheriff Range Grant Y-N: n Attachments 2026 Cowlitz County Law Enforcement Shooting Range Memo of Agreement with CCSO and Castle Rock Police Department Exhibit A Exhibit B Exhibit C Exhibit D

Form Review Inbox Brad Thurman Form Started By: Katrina Harris

Reviewed By Brad Thurman

Date 02/20/2026 11:36 AM Started On: 02/18/2026 01:53 PM

AS-14708 BOCC Agenda Meeting Date: 03/03/2026 K6383 WSDA Capital Grant Program Submitted For: Shelby Hixson Department: Events Center

Consent

B. 6.

Submitted By: Shelby Hixson

Information Subject and Summary Statement WSDA and Grantee have entered into an agreement to provide funding for a capital improvement project that will make health and safety improvements by installing updated lighting on the south end of the grounds, and integrating a new security camera system. Will Staff Attend - NAME OF STAFF Y- Kim Bowcutt Department Recommendation Staff recommends that the Cowlitz County Board of Commissioners move to approve the WSDA capital project grant to the Cowlitz County Fair.

Fiscal Impact Expenditure Required $: 0 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Grant Y-N: Y Attachments Agreement Form Review Inbox Reviewed By Kim Bowcutt Kim Bowcutt Form Started By: Shelby Hixson

Date 02/23/2026 11:24 AM Started On: 02/23/2026 11:06 AM

GRANT AGREEMENT FACE SHEET Agreement Number: K6383

Washington State Department of Agriculture FAIRS PROGRAM

CAPITAL PROJECT GRANTS 1. Grantee Cowlitz County 207 4th Ave N Kelso, WA 98626 3. Grantee Representative Kimberly Bowcutt, Director Phone: (360) 577-3121 Email: bowcuttk@co.cowlitz.wa.us 1900 7th Avenue Longview, WA 98632

2. Fair Facility Cowlitz County Fair and Rodeo 1900 7th Avenue Longview, WA 98632 4. WSDA Representative Anne Almonte, Fairs Program Administrator Phone: (360) 902-2043 Email: fairs@agr.wa.gov 1111 Washington Street SE PO Box 42560 Olympia, WA 98504-2560

5. Grant Amount $186,094.30

6. Grant Start Date Upon Final Signature

8. Biennium: 2025-2027 10. Tax ID # 91-6001310

7. Grant End Date May 31, 2027

9. Project Must Be Completed By May 31, 2027 11. Statewide Vendor # 12. UBI # 537-00 083 003 788

13. Grant Purpose WSDA and Grantee have entered into this Agreement to provide funding for a capital improvement project to make health or safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public pursuant to RCW 15.76.165. Grantee will use grant funding to install LED polemounted lights in parking areas at the South end of the grounds; upgrade existing fixtures to LED; install fixed position and/or pan-tilt-zoom (PTZ) cameras at entry points, walkways, and high traffic areas; and integrate new cameras into a security system, as further described in Section 4 of the Terms and Conditions. WSDA and Grantee agree to the terms of this Agreement as set forth in this Grant Agreement Face Sheet, the Terms and Conditions, and the following documents incorporated by reference: Attachment I: Grantee’s Application for Capital Improvement Grant Funds; Attachment II: Certification of Non-State Matching Funds and Value of In-Kind Services to Complete Project. This Agreement governs the rights and obligations of both parties to this Agreement, which is executed on the date below to start as of the date and year last written below. FOR THE GRANTEE FOR THE WASHINGTON STATE DEPARTMENT OF By signing this agreement, I bind the Grantee to this AGRICULTURE Agreement and certify that I am authorized to do so.

_______________________________________ Kimberly Bowcutt Director

Hannah Mosley-Gonzales Administrative Regulations Manager

_______________________________________ Date

Date

Additional signatures on next page Check box if true

TEMPLATE APPROVED AS TO FORM Steve Scheele, Assistant Attorney General, on 7/3/2025

TERMS AND CONDITIONS Washington State Department of Agriculture Fairs Program

CAPITAL PROJECT GRANT 1. DEFINITIONS The following definitions apply throughout this Agreement. “Agreement” means this Capital Project Grant Agreement, specifically the Grant Agreement Face Sheet, the Terms and Conditions, and all documents incorporated by reference including Attachment I: Grantee’s Application for Capital Improvement Grant Funds, Attachment II: Certification of Non-State Matching Funds and Value of InKind Services to Complete Project. “Capital Project” and “Project” mean the capital improvement project described in Section 4. “Fair Facility” means the agricultural fairgrounds or fair facility owned by the Grantee and located at the address shown for the Fair Facility on the Grant Agreement Face Sheet. “Grant Amount” means the total amount of funding under this Agreement, as set forth on the Grant Agreement Face Sheet. “Grantee” means the entity identified as the Grantee on the Grant Agreement Face Sheet, who is a Party to the Agreement, and includes all employees and agents of the Grantee. “WSDA” means the Washington State Department of Agriculture, who is a Party to the Agreement. 2. AUTHORITY AND PURPOSE Acting under the authority of RCW 15.76.165, WSDA has awarded the Grantee funding under this Agreement to undertake a capital improvement project to make health or safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public. Grantee will undertake, by whatever legal means, to construct, install, build, or otherwise cause the completion of the Capital Project at the Fair Facility. Grantee must perform all Project activities in accordance with this Agreement’s terms and conditions and all applicable federal, state, and local laws and ordinances, which by this reference are incorporated into this Agreement as though set forth fully herein. 3. FUNDING WSDA shall pay an amount not to exceed the awarded Grant Amount for the eligible costs necessary for or incidental to the performance of work as set forth for the Capital Project. 4. CAPITAL PROJECT Grantee must use the funding awarded by WSDA under this Agreement solely for the capital improvement project set forth in Attachment I: Grantee’s Application for Capital Improvement Grant Funds, which includes installing LED pole-mounted lights in parking areas at the South end of the grounds; upgrading existing fixtures to LED; installing fixed position and/or pan-tilt-zoom (PTZ) cameras at entry points, walkways, and high traffic areas; and integrating new cameras into a security system. 5. COMMUNITY BENEFITS In consideration for the funding under this Agreement, Grantee agrees to provide the following community benefits. a. Use of the Capital Project in the course of holding an agricultural fair as defined by RCW 15.76.110. b. If charging admission fees for the agricultural fair(s), a charge to the general public that is reasonable and consistent with the standard fees charged at other public agricultural fairs and, to the extent possible, discount or free admission to special populations such as military families, foster families, student groups, seniors, babies, and toddlers. c.

Access to the Fair Facility and its exhibits and programs to persons of differing abilities.

d. Where possible, availability of the Fair Facility for rental at reasonable or discounted cost for educational or public programs benefitting the public. e. Space for charity and other nonprofit community organizations to conduct fundraising or educational activities. Cowlitz County K6383

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Support other local groups and programs in promoting the welfare of farm people and rural living including the exhibition of livestock and agricultural produce of all kinds, and exhibition of related arts and manufactures including products of the farm home, and exhibition of educational contests, displays, and demonstrations designed to train youth.

6. CHANGE OF OWNERSHIP OR USE a. Grantee understands and agrees that Grantee must hold and use all real property and facilities acquired, constructed, improved, or rehabilitated with Grant funds for a period of at least three (3) years following termination or expiration of this Agreement for the express purpose(s) of the Capital Project and the Community Benefits under Section 5 (“Commitment Period”). b. If the Grantee is found to be out of compliance with this section, the Grantee must repay to the state general fund the amount of the grant and interest as provided in the Recapture provision, Section 17. 7. CERTIFICATION OF NON-STATE MATCHING FUNDS OR IN-KIND SERVICES a. The release of state funds under this Agreement is contingent upon the Grantee certifying that it has expended or has access to non-state matching funds or in-kind services from other sources as set forth in Attachment II: Certification of Non-State Matching Funds and In-Kind Services to Complete the Project to complete all construction and activities identified for the Capital Project. b. Grantee shall maintain records sufficient to evidence that it has access to or has expended funds from such sources, and shall make such records available for WSDA's review upon request. 8. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT WSDA will make payments to the Grantee on a reimbursement basis only. For the purposes of this Agreement, eligible costs are construed to mean costs incurred and paid by the Grantee. Only costs incurred between (1) the grant start date and (2) the grant end date, as shown in the Grant Agreement Face Sheet, and timely invoiced are eligible for reimbursement under this Agreement. No final invoice voucher is eligible for reimbursement unless it is submitted at the same time as or after submittal of the Certified Project Completion Report in Section 11. Grantee must not request reimbursement for services and expenses that Grantee has charged or will charge to the state of Washington or any other party under any other contract or agreement. WSDA is not liable for payment of such charges. Disallowed Costs: The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 9. BILLING PROCEDURES AND PAYMENT a. WSDA will reimburse Grantee for eligible project expenditures up to the maximum payable under this Agreement. Grantee must submit a signed and completed Invoice Voucher (Form A-19), referencing the project activity performed, and any appropriate documentation. The Invoice Voucher must be certified by an official of the Grantee with authority to bind the Grantee. b. Grantee may submit a single Invoice Voucher for the full grant amount or no-more-than-monthly periodic Invoice Vouchers. WSDA will reimburse no more than seventy-five percent (75%) of the grant amount until all project activities are complete and the Grantee submits a complete Certified Project Completion Report as required by Section 11. c.

Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date, and all receipts associated with work described in the Project Status Report. WSDA will not release payment for any reimbursement request without receiving a Project Status Report.

d. The Grantee shall submit all Invoice Vouchers and any required documentation to the WSDA Representative listed on the Face Sheet. Required documentation must include required reports, receipts, invoices, and proof of payment. Acceptable forms of proof of payment include cleared checks (front and back), local government general ledger reports, bank records, or zero balance receipts. e. WSDA will process reimbursement after approving the Invoice Voucher and Project Status Report. f.

Payment shall be considered timely if made by WSDA within thirty (30) calendar days after receipt of properly completed invoices.

g. Grantee must submit an annual invoice for all work completed during each state fiscal year where there are any Project invoices that the Grantee has not yet submitted for reimbursement. This includes submitting an Cowlitz County K6383

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Fair Capital Project Grant

invoice voucher by July 15, 2026 for all activity July 1, 2025 through June 30, 2026 and submitting the final invoice voucher no later than July 15, 2027 for all activity July 1, 2026 through June 30, 2027. Unless the Legislature has re-appropriated the funding, WSDA will not make payment on vouchers submitted after July 15, 2027. 10. QUARTERLY REPORTS a. Grantee shall submit quarterly reports to WSDA by the due date on each report form. b. By December 31, 2026, Grantee must affirm in writing that the project will be completed by May 31, 2027, unless Grantee has prior submitted a Certified Project Completion Report. c.

The Grantee shall furnish WSDA with other reports as WSDA may require.

d. Failure to file reports as requested may result in termination of this Agreement. 11. CERTIFIED PROJECT COMPLETION REPORT The Grantee shall complete a Certified Project Completion Report when the Capital Project is complete. The report must include: a. A certified statement that the Capital Project is complete and, if applicable, meets required standards. b. Before and after photographs, either hard copy or electronic, of the Fair Facility showing the Capital Project. c.

A certified statement of the actual dollar amounts spent, from all funding sources, in completing the Capital Project. This includes the value of in-kind services performed.

d. Certification that all costs associated with the project have been incurred and accounted for. Costs are incurred when goods and services are received and/or Agreement work is performed. e. Certification that Grantee is and will continue to provide Community Benefits set forth in Section 5. f.

A final invoice voucher for the remaining eligible funds, unless Grantee intends to submit the final invoice voucher after submitting the project completion report.

12. LACK OF ADEQUATE PROGRESS Grantee’s inability to affirm by December 31, 2026, that the project will be complete by May 31, 2027, is a basis for WSDA to terminate the Agreement in whole or in part for cause as provided in Section 28. At WSDA’s discretion, the parties may modify this Agreement in lieu of termination. 13. EVALUATION AND MONITORING a. The Grantee shall cooperate with and freely participate in any monitoring or evaluation activities conducted by WSDA, including site inspections, if requested. b. If requested by WSDA, Grantee must provide photographs, either hard copy or electronically, which visually depict the progress made on the project. c.

WSDA or the State Auditor and any of their representatives shall have full access to and the right to examine all of the Grantee's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Agreement at no cost. Such rights last for six (6) years from the date final payment is made.

14. SIGNAGE, MARKERS, AND PUBLICATIONS If, during the period covered by this Agreement, the Grantee displays or circulates any communication, publication, or donor recognition identifying the financial participants in the project, any such communication or publication must identify “The State of Washington” and “The Washington State Department of Agriculture – Fairs Program” as participants. 15. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy, and barrier-free codes. The Grantee must comply with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Cowlitz County K6383

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Fair Capital Project Grant

16. PREVAILING WAGE LAW The project funded under this Agreement is subject to state prevailing wage law (chapter 39.12 RCW). The Grantee is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine the prevailing wages that must be paid. WSDA is not responsible for determining the prevailing wages applying to this project or for any prevailing wage payments that may be required by law. 17. RECAPTURE PROVISION a. If Grantee fails to expend state funds in accordance with state law or the provisions of this Agreement, WSDA reserves the right to recapture state funds in an amount equivalent to the principal amount of the grant plus interest. Interest is calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. b. Repayment by the Grantee of state funds under this recapture provision shall occur within thirty (30) days of demand. If WSDA is required to institute proceedings to enforce this recapture provision, WSDA is entitled to its cost thereof, including reasonable attorney's fees. c.

If Grantee fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of this Agreement, WSDA reserves the right to recapture all funds disbursed under the Agreement, in addition to any other remedies available at law or in equity.

18. AMENDMENTS The parties may amend this Agreement by mutual agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 19. SAVINGS If funding from state or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, WSDA may terminate the Agreement for convenience under Section 28, without the ten (10) business days’ notice requirement. In lieu of termination and at WSDA’s discretion, the parties may amend the Agreement to reflect the new funding limitations and conditions. 20. NONDISCRIMINATION a. Nondiscrimination Requirement. During the term of this Agreement, Grantee, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Grantee, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Grantee, or subcontractor, has a collective bargaining or other agreement. The funds provided under this Agreement shall not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this Agreement. b. Obligation to Cooperate. Grantee, including any subcontractor, shall cooperate and comply with any Washington State agency investigation regarding any allegation that Grantee, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). c.

Default. Notwithstanding any provision to the contrary, WSDA may suspend Grantee, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Agreement, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until WSDA receives notification that Grantee, including any subcontractor, is cooperating with the investigating state agency. In the event Grantee, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WSDA may terminate this Agreement in whole or in part, and Grantee, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Grantee or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement termination or suspension for engaging in discrimination, Grantee, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Grantee may also be required to repay grant funds pursuant to Section 17 (Recapture) of the Terms and Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement. WSDA shall have the right to deduct from any monies due to Grantee or Cowlitz County K6383

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Fair Capital Project Grant

subcontractor, or that thereafter become due, an amount for damages Grantee or subcontractor will owe WSDA for default under this provision. 21. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Agreement, Grantee shall cooperate with WSDA to complete the requirements of Governor’s Executive Order 21-02 or Grantee shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. WSDA will not disburse any funds under this Agreement unless and until WSDA determines that adequate consultation has been completed as required by Executive Order 21-02. Project activities commenced prior to the completion of adequate consultation may not be reimbursed and are undertaken at Grantee’s own risk. Grantee agrees that the Grantee is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless WSDA and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Agreement. In addition to the requirements set forth in this Agreement, Grantee shall, in accordance with Governor’s Executive Order 21-02 as applicable, coordinate with WSDA and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Capital Project design and prior to construction to determine the existence of any tribal cultural resources affected by the Capital Project. Grantee agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Agreement. The Grantee agrees that, unless the Grantee is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Grantee shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the WSDA Representative identified on the Grant Agreement Face Sheet. If human remains are uncovered, the Grantee shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Grantee shall require this provision to be contained in all subcontracts for work or services for any activities associated with the Capital Project to be funded under this Agreement. In addition to the requirements set forth in this Agreement, Grantee agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 21-02. In the event that the parties find it necessary to amend the scope of the Capital Project, the Grantee may be required to re-comply with Governor's Executive Order 21-02, or Section 106 of the National Historic Preservation Act. 22. CONFLICT OF INTEREST Grantees must maintain and comply with written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. Grantee must comply with the following minimum requirements: No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a grant award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the Grantee may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts and must comply with RCW 39.26.020. However, Grantee may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Grantee. If the Grantee has a parent, affiliate, or subsidiary organization that is not a state or local government, or federally recognized tribe, the Grantee must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, Cowlitz County K6383

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or subsidiary organization, the grantee is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 23. DISPUTES Except as otherwise provided in this Grant Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of WSDA, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: a. Be in writing; b. State the disputed issues; c.

State the relative positions of the parties;

d. State the Grantee’s name, address, and Grant Agreement number; and e. Be mailed to the Director and the other party’s (respondent’s) Grant Agreement Representative within 3 working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within 5 working days. The Director or designee shall review the written statements and reply in writing to both parties within 10 working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant Agreement shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 24. ATTORNEYS’ FEES Unless expressly permitted under another provision of this Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorneys’ fees and costs. 25. HOLD HARMLESS a. This Agreement is solely for the benefit of the parties and gives no right to any other entity that is not a party to this Agreement. Each party is responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. b. This indemnification clause also applies to all causes of action arising out of the performance of work activities under this Agreement. Each contract for services or activities utilizing funds provided in whole or in part by this Agreement must include a provision that WSDA and the state of Washington are not liable for damages or claims from damages arising from any subcontractor’s performance or activities under the terms of the contracts. 26. INDEPENDENT CAPACITY OF GRANTEE The Grantee and its employees or agents performing under this Agreement are not employees or agents of the state of Washington or WSDA. The Grantee will not hold itself out as or claim to be an officer or employee of WSDA or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 27. RECORDS MAINTENANCE The Grantee shall maintain books, records, receipts, documents, data, and other evidence relating to this Agreement and Capital Project for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review, or audit by WSDA, personnel duly authorized by WSDA, the Office of the State Auditor, and federal and state officials so authorized by law, regulation, or agreement. If any litigation, claim, or audit is started Cowlitz County K6383

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before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 28. TERMINATION OR SUSPENSION a. For Cause: If WSDA determines the Grantee has failed to comply with the conditions of this Agreement in a timely manner, WSDA has the right to terminate this Agreement. Before terminating the Agreement, WSDA shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within twenty (20) calendar days, WSDA may terminate the Agreement and seek recapture of funds as provided in Section 17. b. For Failure to Complete: If the Grantee fails to complete the Capital Project by the Project Completion Date shown on the Grant Agreement Face Page, WSDA may terminate this Agreement and seek recapture of funds as provided in Section 17. c.

For Convenience: Except as otherwise provided in this Agreement, WSDA may terminate this Agreement, in whole or in part, after ten (10) days written notice, beginning on the second day after the mailing. If this Agreement is so terminated, WSDA shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination.

d. For Fraud or Misrepresentation: In the event the Grantee commits fraud or makes any misrepresentation in connection with the grant application or during the performance of this Agreement, WSDA reserves the right to terminate this Agreement immediately or amend this Agreement accordingly and seek recapture of funds as provided in Section 17. e. Suspension: WSDA reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of an alleged compliance breach and pending corrective action by the Grantee or a decision by WSDA to terminate the Agreement. f.

The rights and remedies of WSDA provided in this Agreement are not exclusive and are, in addition to any other rights and remedies, provided by law.

29. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Agreement immediately or as soon as practicable to the WSDA Representative identified on the Grant Agreement Face Sheet. 30. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes and regulations b. Grant Agreement Face Sheet c.

Terms and Conditions

d. Attachments 31. OWNERSHIP OF PROPERTY WSDA makes no claim to any real property improved or constructed with funds awarded under this Agreement, does not assert, and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Agreement. This provision does not extend to claims that WSDA may bring against the Grantee in recapturing funds expended in violation of this Agreement. 32. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 33. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

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34. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 35. SURVIVAL The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation, or termination of this Grant shall so survive, including but not limited to the following sections: Capital Project, Community Benefits, Change of Ownership or Use, Evaluation and Monitoring, Recapture Provision, Hold Harmless, and Records Maintenance. 36. WAIVER WSDA’s failure to insist on strict performance of any provision in this Agreement or to exercise any right based upon a breach of any provision or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. 37. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant Agreement. 38. STATE PUBLIC WORKS For work done at the cost of the State, Grantee must comply with public works statutes RCW 39.04 and RCW 39.10, apprenticeship requirements, and the State and local building codes, as applicable. If Grantee has questions about compliance, Grantee will need to visit the Washington State Department of Labor & Industries Public Works Projects website for more information. 39. REAPPROPRIATION a. The parties hereto understand and agree that any State funds not expended by the Grant End Date listed on the Grant Agreement Face Sheet will lapse on that date, unless the parties have executed an amendment to extend the Grant End Date prior to that date. b. Unless specifically reappropriated by the Washington State Legislature, State funds provided for this program lapse on June 30, 2027. If funds are reappropriated and the Grant Agreement has been amended to extend the original Grant End Date, the State’s obligation under the terms of this Grant Agreement shall be contingent upon the terms of such reappropriation. c.

In the event any funds awarded under this Grant Agreement are reappropriated for use in a future biennium, WSDA reserves the right to assign a reasonable share of any such reappropriation for administrative costs.

40. BREACHES OF OTHER STATE CONTRACTS Grantee is expected to comply with all other contracts and grant agreements executed between Grantee and the state of Washington. A breach of any other contract or grant agreement entered into between Grantee and the state of Washington may, in WSDA’s sole discretion, be deemed a breach of this Agreement. 41. PUBLIC RECORDS ACT WSDA is a public agency subject to the Public Records Act, RCW 42.56 (PRA). Under the PRA, all materials relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by WSDA or its functional equivalents are considered public records. The PRA requires that public records responsive to a public records request be promptly produced unless the PRA or an “other statute” exempts such records from production. This Agreement is not intended to alter WSDA’s obligations under the PRA. 42. INSURANCE a. Insurance Requirements for Reimbursable Activities The Grantee must have insurance coverage that is substantially similar to the coverage described in subsection b below for all periods in which Grantee performed work for which it will seek reimbursement. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss or negligent or intentional act or omission of the Grantee or subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant Agreement. b. Insurance Requirements During the Term of the Grant Agreement Cowlitz County K6383

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The Grantee shall provide proof to WSDA of insurance coverage that shall be maintained in full force and effect, as indicated below, and shall submit renewal certificates not less than 30 calendar days prior to expiration of each policy required under this Section: A. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of or related to this Grant Agreement but in no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of or related to subgrants/subcontracts (if any). Commercial General Liability Insurance coverage shall be maintained in full force and effect during the term of this Grant Agreement and throughout the Commitment Period as defined in Terms and Conditions Section 6a. This insurance must be maintained throughout the term of the Grant Agreement and the Commitment Period as defined in Terms and Conditions Section 6a. B. Property Insurance. The Grantee shall keep the property insured in an amount sufficient to permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the following hazards, as applicable: 1) Loss or damage by fire and such other risks; 2) Loss or damage from leakage or sprinkler systems now or hereafter installed in any building on the premises; 3) Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage tanks, or similar apparatus now or hereafter installed in a building or building on the premises. This property insurance coverage must be maintained in full force and effect throughout the term of this Grant Agreement and the Commitment Period as defined in Terms and Conditions Section 6a. C. Professional Liability, Errors, and Omissions Insurance. If Grantee will be providing any professional services to be reimbursed under this Grant Agreement, the Grantee shall maintain Professional Liability or Errors and Omissions Insurance with minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under contract to the Grantee. The state of Washington, the Washington State Department of Agriculture, its agents, officers, and employees need not be named as additional insureds under this policy. This insurance must be maintained throughout the Commitment Period as defined in Terms and Conditions Section 6a. Grantee shall require that any subgrantees/subcontractors providing professional services that are reimbursable under this Grant Agreement maintain Professional Liability or Errors and Omissions Insurance at the coverage levels set forth in this subsection. D. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss where: 1) The amount of fidelity coverage secured pursuant to this Grant Agreement shall be $2,000,000 or the highest of planned reimbursement for the Grant Agreement period, whichever is lower. Fidelity insurance secured pursuant to this paragraph shall name the state of Washington, the Washington State Department of Agriculture, its agents, officers, and employees as beneficiary. 2) Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by subgrantees/subcontractors pursuant to this paragraph shall name the Grantee and the Grantee’s fiscal agent (if any) as beneficiary. 3) Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this Grant Agreement until Grantee has submitted a Certified Project Completion Report, subject to the following: Fidelity Insurance must be issued on either (a) a “loss sustained” basis; or (b) if issued on a “loss-discovered” basis, provide coverage for at least 6 months following the date of WSDA’s receipt of the Certified Project Completion Report.

ii.

Cowlitz County K6383

The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. Except as otherwise set forth in this Section, each insurance policy shall name “the State of Washington the Department of Agriculture, its agents, officers, and employees” as additional insureds on all policies. All policies shall be primary to any other valid and collectable insurance. The Page 10

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Grantee shall instruct the insurers to give WSDA 30 calendar days’ advance notice of any insurance cancellation or modification. iii. The Grantee shall submit to WSDA within 15 calendar days of the Grant Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section including, without limitation, the type of insurance coverage under the policy, the designated beneficiary, who is covered, the amounts, the period of coverage, and that WSDA will be provided 30 days’ advance written notice of cancellation. During the term of the Grant Agreement, the Grantee shall submit renewal certificates not less than 30 calendar days prior to expiration of each policy required under this Section. Additionally, Grantee shall provide copies of insurance instruments or certifications at WSDA’s request and until six month after WSDA has received a Closeout Certification Form from Grantee. Copies of such insurance instruments and certifications will be provided within 15 calendar days of WSDA’s request unless otherwise agreed to by the parties. iv. Grantees and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from WSDA, the Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from WSDA, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. Grantee’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate Claim liability information reported on the balance sheet. The state of Washington, the Washington State Department of Agriculture, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to WSDA a summary of coverages and a letter of self- insurance, evidencing continued coverage under Grantee’s self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self-insurance will be provided on the anniversary of the start date of this Grant Agreement. 43. MODIFICATION TO THE PROJECT BUDGET a. Notwithstanding any other provision of this Grant Agreement, the Grantee may, at its discretion, make modifications to line items in Attachment II (Certification of Non-State Matching Funds and Value of In-Kind Services to Complete the Project) that will not change the line item by more than 15%. b. The Grantee shall notify WSDA in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in Attachment II (Certification of Non-State Matching Funds and Value of InKind Services to Complete the Project) that would change the line item by more than 15%. Conversely, WSDA may initiate the budget modification approval process if presented with a request for payment under this Grant Agreement that would cause one or more budget line items to exceed the 15% threshold change described above. c.

Any such budget modification or modifications as described above shall require the written approval of WSDA (by email or regular mail), and such written approval shall amend the Certification of Non-State Matching Funds and Value of In-Kind Services to Complete the Project. Each party to this Grant Agreement will retain and make any and all documents related to such budget modifications a part of their respective Grant Agreement file.

d. Nothing in this Section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in the Grant Agreement Face Sheet Section 5 (Grant Amount) of this Grant Agreement.

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ATTACHMENT I: Grantee’s Application for Capital Improvement Grant Funds

Cowlitz County K6383

ATTACHMENT II: Certification of Non-State Matching Funds and Value of In-Kind Services to Complete the Project Washington State Department of Agriculture: Fair Capital Grants

Grantee: Cowlitz County Fair Agreement Number: K6383 Type of Funding Grant

Source Description Washington State Department of Agriculture

Amount $186,094.30

Other Grants Grant #1 Grant #2 Total Other Grants Other Monetary Sources Source #1 Source #2 Total Other Sources Estimated Value of In-Kind Services Source #1

County Public Works

$5,000.00

Source #2 Total Value of In-Kind

$5,000.00

Total Project Funding

$191,094.30

CERTIFICATION PERFORMANCE MEASURE The Grantee, by its signature, certifies that non-state matching funds and in-kind services from sources other than those provided by this Agreement and identified above are fully expended or committed, or both, in an amount sufficient to complete the project, or a distinct phase of the project that is useable to the public, and that the funding will be used for the purpose as described elsewhere in this Agreement, as of the date and year written below. The Grantee shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Capital Project and shall make such records available for WSDA’s review upon request.

_________________________________________________ Kimberly Bowcutt Director _________________________________________________ DATE

Cowlitz County K6383

AS-14709 BOCC Agenda Meeting Date: 03/03/2026 K6384 WSDA Capital Grant Program Submitted For: Shelby Hixson Department: Events Center

Consent

B. 7.

Submitted By: Shelby Hixson

Information Subject and Summary Statement WSDA and Grantee have entered into the agreement to provide funding for a capital improvement project that will improve health and safety of fair goers by purchasing new livestock panels, replace malfunctioning entry doors, and construct a new manure dumping area. Will Staff Attend - NAME OF STAFF Y- Kim Bowcutt Department Recommendation Staff recommends that the Cowlitz County Board of Commissioners move to approve this agreement for funding between WSDA and the Cowlitz County Fair

Date 02/23/2026 11:24 AM Started On: 02/23/2026 11:15 AM

GRANT AGREEMENT FACE SHEET Agreement Number: K6384

Washington State Department of Agriculture FAIRS PROGRAM

5. Grant Amount $23,500.00

6. Grant Start Date Upon Final Signature

8. Biennium: 2025-2027 10. Tax ID # 91-6001310

7. Grant End Date May 31, 2027

9. Project Must Be Completed By May 31, 2027 11. Statewide Vendor # 12. UBI # 537-00 083 003 788

13. Grant Purpose WSDA and Grantee have entered into this Agreement to provide funding for a capital improvement project to make health or safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public pursuant to RCW 15.76.165. Grantee will use grant funding to purchase and install new steel livestock panels; add new posts to secure livestock panels; replace malfunctioning entry doors; and construct a concrete manure dumping area, as further described in Section 4 of the Terms and Conditions. WSDA and Grantee agree to the terms of this Agreement as set forth in this Grant Agreement Face Sheet, the Terms and Conditions, and the following documents incorporated by reference: Attachment I: Grantee’s Application for Capital Improvement Grant Funds; Attachment II: Certification of Non-State Matching Funds and Value of In-Kind Services to Complete Project. This Agreement governs the rights and obligations of both parties to this Agreement, which is executed on the date below to start as of the date and year last written below. FOR THE GRANTEE FOR THE WASHINGTON STATE DEPARTMENT OF By signing this agreement, I bind the Grantee to this AGRICULTURE Agreement and certify that I am authorized to do so.

_______________________________________ Kimberly Bowcutt Director

Hannah Mosley-Gonzales Administrative Regulations Manager

_______________________________________ Date

Date

Additional signatures on next page Check box if true

TEMPLATE APPROVED AS TO FORM Steve Scheele, Assistant Attorney General, on 7/3/2025

TERMS AND CONDITIONS Washington State Department of Agriculture Fairs Program

CAPITAL PROJECT GRANT 1. DEFINITIONS The following definitions apply throughout this Agreement. “Agreement” means this Capital Project Grant Agreement, specifically the Grant Agreement Face Sheet, the Terms and Conditions, and all documents incorporated by reference including Attachment I: Grantee’s Application for Capital Improvement Grant Funds, Attachment II: Certification of Non-State Matching Funds and Value of InKind Services to Complete Project. “Capital Project” and “Project” mean the capital improvement project described in Section 4. “Fair Facility” means the agricultural fairgrounds or fair facility owned by the Grantee and located at the address shown for the Fair Facility on the Grant Agreement Face Sheet. “Grant Amount” means the total amount of funding under this Agreement, as set forth on the Grant Agreement Face Sheet. “Grantee” means the entity identified as the Grantee on the Grant Agreement Face Sheet, who is a Party to the Agreement, and includes all employees and agents of the Grantee. “WSDA” means the Washington State Department of Agriculture, who is a Party to the Agreement. 2. AUTHORITY AND PURPOSE Acting under the authority of RCW 15.76.165, WSDA has awarded the Grantee funding under this Agreement to undertake a capital improvement project to make health or safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public. Grantee will undertake, by whatever legal means, to construct, install, build, or otherwise cause the completion of the Capital Project at the Fair Facility. Grantee must perform all Project activities in accordance with this Agreement’s terms and conditions and all applicable federal, state, and local laws and ordinances, which by this reference are incorporated into this Agreement as though set forth fully herein. 3. FUNDING WSDA shall pay an amount not to exceed the awarded Grant Amount for the eligible costs necessary for or incidental to the performance of work as set forth for the Capital Project. 4. CAPITAL PROJECT Grantee must use the funding awarded by WSDA under this Agreement solely for the capital improvement project set forth in Attachment I: Grantee’s Application for Capital Improvement Grant Funds, which includes purchasing and installing new steel livestock panels; adding new posts to secure livestock panels; replacing malfunctioning entry doors; and constructing a concrete manure dumping area. 5. COMMUNITY BENEFITS In consideration for the funding under this Agreement, Grantee agrees to provide the following community benefits. a. Use of the Capital Project in the course of holding an agricultural fair as defined by RCW 15.76.110. b. If charging admission fees for the agricultural fair(s), a charge to the general public that is reasonable and consistent with the standard fees charged at other public agricultural fairs and, to the extent possible, discount or free admission to special populations such as military families, foster families, student groups, seniors, babies, and toddlers. c.

Access to the Fair Facility and its exhibits and programs to persons of differing abilities.

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Payment shall be considered timely if made by WSDA within thirty (30) calendar days after receipt of properly completed invoices.

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The Grantee shall furnish WSDA with other reports as WSDA may require.

A certified statement of the actual dollar amounts spent, from all funding sources, in completing the Capital Project. This includes the value of in-kind services performed.

A final invoice voucher for the remaining eligible funds, unless Grantee intends to submit the final invoice voucher after submitting the project completion report.

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State the relative positions of the parties;

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The rights and remedies of WSDA provided in this Agreement are not exclusive and are, in addition to any other rights and remedies, provided by law.

Terms and Conditions

Cowlitz County K6384

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ii.

Cowlitz County K6384

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ATTACHMENT I: Grantee’s Application for Capital Improvement Grant Funds

Cowlitz County K6384

Open Beef Barn Repair/Manure Containment Estimate: Panels & Support Posts 12' Heavy Duty Livestock Panels 10" x 10" support posts Gravel + Cement

20 24 1

x x x

$349.99 $95.00 $1,000

$6,999.80 (Wilco Farm Store) $2,280.00 (Baker Lumber - special order) $1,000.00 (JL Storedahl + Home Depot)

2 5

x x

$1,000.00 $60.00

$2,000.00 (Baker Lumber - quote) $300.00 (Sherwin Williams)

30 1

x x

$120.00 $6,200.00

$3,600.00 $6,200.00

Doors T-111, 2' x 4' lumber, flashing (est.) Paint (gallons) Manure Containment Ecology Blocks + Shipping Cement Pour

Subtotal Sales Tax 8.2%

$22,379.80 $1,835.14

Total

$24,214.94

ATTACHMENT II: Certification of Non-State Matching Funds and Value of In-Kind Services to Complete the Project Washington State Department of Agriculture: Fair Capital Grants

Grantee: Cowlitz County Fair Agreement Number: K6384 Type of Funding Grant

Source Description

Amount

Washington State Department of Agriculture

$23,500.00

Cowlitz County Funds

$2,500.00

Other Grants Grant #1 Grant #2 Total Other Grants Other Monetary Sources Source #1 Source #2 Total Other Sources

$2,500.00

Estimated Value of In-Kind Services Source #1

Volunteer Labor

4,000.00

Source #2 Total Value of In-Kind

$4,000.00

Total Project Funding

$30,000.00

_________________________________________________ Kimberly Bowcutt Director _________________________________________________ DATE

Cowlitz County K6384

AS-14712 BOCC Agenda Meeting Date: 03/03/2026 Third Ammendmnet to ILA Submitted For: Shelby Hixson Department: Events Center

Consent

B. 8.

Submitted By: Shelby Hixson

Information Subject and Summary Statement This is the third amendment to the interlocal agreement regarding the design development, financing, construction and operation of the Regional Conference Center. Will Staff Attend - NAME OF STAFF Y- Kim Bowcutt Department Recommendation Staff recommends that the Cowlitz County BOCC approves the third amendment for this interlocal agreement.

Fiscal Impact Expenditure Required $: 0 Budget Sufficient Y-N: Amendment Required Y-N: Source of Funds - What Dept ? : Grant Y-N: Attachments Resolution 2026-01 Third Ammendment to ILA Form Review Form Started By: Shelby Hixson

Started On: 02/23/2026 01:32 PM

Third Amendment to Interlocal Agreement Regarding the Design, Development, Financing, Construction and Operation of the Regional Conference and Special Events Center Between the Cowlitz County Public Facilities District and Cowlitz County This Third Amendment to Interlocal Agreement Regarding the Design, Development, Financing, Construction and Operation of the Regional Conference and Special Events Center Between the Cowlitz County Public Facilities District and Cowlitz County (this “Third Amendment”) is made and entered into as of March 3, 2026, between the Cowlitz County Public Facilities District, a municipal corporation duly organized and existing under the laws of the State of Washington (the “PFD”), and Cowlitz County, Washington, a political subdivision of and duly organized and existing under the laws of the State of Washington (the “County”). WITNESSETH: WHEREAS, effective June 17, 2003, the PFD and the County entered into the Interlocal Agreement Regarding the Design, Development, Financing, Construction and Operation of the Regional Conference and Special Events Center Between the Cowlitz County Public Facilities District and Cowlitz County (as amended by the First Amendment thereto dated November 26, 2024, and the Second Amendment thereto dated January 21, 2025, the “Interlocal Agreement”) for the acquisition, construction, and equipping of a regional center, within the meaning of RCW 35.57.020, currently known as the Cowlitz Regional Conference Center (the “Regional Center Project”); WHEREAS, pursuant to Resolution No. 03-086, adopted by the Board of County Commissioners of the County (the “BOCC”) on June 23, 2003, the County issued its Limited Tax General Obligation Improvement and Refunding Bonds, 2003 (the “2003 Bonds”), in part, for the purpose of paying a portion of the cost of the acquisition, construction, and equipping of the Regional Center Project; WHEREAS, pursuant to the Interlocal Agreement, the PFD is obligated to make certain payments to the County to be used to pay principal of and interest on general obligation bonds issued by the County allocated to the Regional Center Project, from proceeds of the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 and the voter-approved lodging tax imposed by the PFD pursuant to RCW 36.100.040;

FG: 104668722.3

WHEREAS, pursuant to Resolution No. 12-048 adopted by the BOCC on April 3, 2012, the County issued its Limited Tax General Obligation Refunding Bonds, 2012B (the “2012B Bonds”), for the purpose of advance refunding a portion of the then-outstanding 2003 Bonds to effect a debt service savings; WHEREAS, pursuant to Resolution No. 25-003 adopted by the BOCC on January 21, 2025, the County issued its Limited Tax General Obligation Refunding Bond, 2025 (the “2025 Bond”), for the purpose of refunding the then-outstanding 2012B Bonds to modify the debt service requirements and other terms of the 2012B Bonds; WHEREAS, at the time of issuance of the 2025 Bond, the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 and pledged by the County to the payment of the principal of and interest on the 2025 Bond was to expire when the bonds issued for the construction of the Regional Center Project are retired, but not more than 40 years after the tax was first collected; WHEREAS, in 2025, the State Legislature amended RCW 82.14.390 to provide that the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 expires when bonds issued to finance or refinance the construction, improvement, rehabilitation, or expansion of the Regional Center Project are retired, but not more than 55 years after the tax was first collected; WHEREAS, the PFD has found, and the County has agreed, that it is necessary to carry out certain renovations, upgrades, and expansion of the Regional Center Project and to prepay the 2025 Bond in order to modify debt service requirements and other terms of the 2025 Bond and to allow the PFD to collect the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 for additional years; WHEREAS, the Board of Directors of the PFD and the BOCC have each duly authorized the execution and delivery of this Third Amendment; NOW, THEREFORE, the PFD and the County, in consideration of the mutual covenants defined in this Third Amendment, do now covenant and agree as follows: Amendment of Paragraph 3.1 C of the Interlocal Agreement. 1. Paragraph 3.1 C of the Interlocal Agreement is hereby amended as follows (deletions are struck through and additions are double underlined): The PFD confirms the provisions of its Resolution No. 02-02, which imposes a sales and use tax in accordance with RCW 82.14.390 (the “Retained Sales Tax”) in the amount of 0.033% of the selling price or value of articles sold in 2 FG: 104668722.3

Cowlitz County, the collection of which commenced effective May 1, 2002. PFD further covenants that such Retained Sales Tax shall be maintained and continued at the maximum rate authorized by law until the General Obligation Bonds to be issued by County in connection with the development and improvement of the Project are fully paid and retired or until 40 55 years from the date that the Retained Sales Tax was first collected, whichever is earlier. 2. Addition of Article VIIA to the Interlocal Agreement. Article VIIA is hereby added to the Interlocal Agreement:

VIIA. IMPROVEMENTS TO THE REGIONAL CENTER PROJECT 7A.1. Development of the Improvements. The PFD shall develop renovations and upgrades to and an expansion of the Regional Center Project (collectively, the “Improvements”) in accordance with state law and this Agreement. The Improvements shall be designed and constructed to substantially conform to the description of features set forth in Exhibit “G,” attached hereto and incorporated herein by this reference. 7A.2. Responsibilities of the PFD. The PFD shall arrange on its terms and conditions and manage the design and construction of the Improvements. The PFD shall account for project administration and shall approve and account for all design and construction expenditures. The PFD shall arrange for the financing of the Improvements through its available tax revenues, bond financing, and other resources. 7A.3. Responsibilities of the County. Pursuant to this Agreement, the County shall issue and sell limited tax general obligation bonds (the “Improvement Bonds”) and shall allocate to the Improvements a portion of the principal amount of the Improvement Bonds sufficient to provide to the PFD approximately $11,200,000 in net proceeds after payment of costs of Issuance, including: bond counsel fees, underwriter’s discount, original issue discount, rating agency fees, municipal bond insurance fees, and any and all other costs or fees incurred in issuing the Improvement Bonds. The County reserves the right to determine all terms of the Improvement 3 FG: 104668722.3

Bonds, including the right to combine the issuance of the Improvement Bonds with the issuance of County bonds for other purposes. Upon closing or as soon as practicable thereafter, the County shall transfer to the PFD approximately $11,200,000 derived from net proceeds of the Improvement Bonds to be used solely to design and construct the Improvements. The actual amount transferred to the PFD will depend on the pricing of the Improvement Bonds upon issuance and sale of the Improvement Bonds. The final maturity of the Improvement Bonds shall not exceed twentyone (21) years. Wherever the terms “Bonds” or “bonds” are used in this Agreement, they shall include the Improvement Bonds and any bonds issued by the County to refund the Improvement Bonds. 7A.4. Budget. The PFD has adopted a preliminary project budget for the Improvements, a copy of which is attached hereto as Exhibit “H” and incorporated herein by this reference. The PFD may make changes to the preliminary project budget after providing opportunity for review and input by the County. 7A.5. Schedule. The PFD has prepared an initial project schedule for the Improvements shall prepare a project schedule for the Improvements, a copy of which is attached hereto as Exhibit “I” and incorporated herein by this reference. The PFD shall update the project schedule periodically. 7A.6. Procurement. The PFD will employ the progressive design-build method in compliance with state procurement laws for the design and construction of the Improvements. The progress, quality, reporting, and changes regarding the Improvements will be subject to the design-build contract with the design-build contractor for the Improvements. 7A.7. Progress Meetings. A progress meeting shall be conducted at a minimum once every two weeks with the owner’s representative, the design-build contractor, the PFD, and the County, to resolve construction issues, update work schedules, and plan the efficient progression of the work on the Improvements.]

4 FG: 104668722.3

EXHIBIT “G” DESCRIPTION OF IMPROVEMENTS The Improvements will be focused on renovation/upgrade and expansion of the existing Regional Center Project. The renovation/upgrade work will include renovations to accommodate greater flexibility in leasing and use of the Regional Center Project; improvements to food service/catering facilities; upgrading of interior finishes; improvements to technology, AV, and communication systems; improvements to safety and accessibility; improvements to the Expo Hall HVAC system; and improvements to signage and wayfinding. The expansion work is expected to include approximately 3,000 square feet of additional breakout space to accommodate varying sizes of meetings and conferences and approximately 2,500 square feet of additional storage.

FG: 104668722.3

EXHIBIT “H” PROJECT BUDGET Professional Services (architectural, engineering, legal, etc.) @ 12% of project construction cost = Estimated project construction cost =

938,378 7,819,819

Equipment and furnishing @ 5% of total project budget =

558,560

Contract administration costs (owner, construction manager, etc.) @ 3.5% of construction costs =

273,693

Contingencies (design and owner) @ 5% of design/construction cost =

437,909

Other related project costs (permits, other owner consultants, etc.) =

388,154

Sales tax @ 8.1% of design/construction/equipment/furnishings cost =

754,657

Total Project Budget =

$11,171,170

7 FG: 104668722.3

EXHIBIT “I” PROJECT SCHEDULE FOR IMPROVEMENTS Design:

January – December 2026

Permitting:

September – December 2026

Construction Documents:

January – February 2027

Construction:

March – December 2027

8 FG: 104668722.3

AS-14696 BOCC Agenda Meeting Date: 03/03/2026 25-PA 1st Modification Submitted For: Beth Tanner Department: Noxious Weed Control

Consent

B. 9.

Submitted By: Beth Tanner

Information Subject and Summary Statement Attached is modification number 1 to the Interagency Agreement 25-PA-11060300-199 between Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board (Weed Board) and the U.S. Forest Service, Gifford Pinchot National Forest (GP). This modification provides additional grant funding in the amount of $46,000.00 for Invasive Plant Treatments within Mount St. Helens National Volcanic Monument. This project will continue to improve watershed and forest health on the Gifford Pinchot National Forest and adjacent lands through treatment of invasive plants. Containing, controlling and eradicating invasives on MSHNVM will restore native plants on the landscape. It is a continuation of the program and will also help stop the spread of noxious weed species, reduce existing populations, and prevent the introduction of additional exotic plants throughout Cowlitz County. Funding includes Title II money.

Will Staff Attend - NAME OF STAFF Y - Jennifer Mendoza Department Recommendation The Cowlitz County Noxious Weed Control Board recommends the Board of County Commissioners move to accept the first modification of U.S. Forest Service Agreement No. 25-PA-11060300-199 to treat noxious weeds within the Mount St. Helens National Volcanic Monument, Gifford Pinchot National Forest, Cowlitz County, and across jurisdictional boundaries. Approved:_____________________ BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ____________________________ Richard R. Dahl, Chairman ____________________________ Steve Rader, Commissioner ___________________________ Steven L. Ferrell, Commissioner Attest:______________________ Clerk of the Board

Fiscal Impact Expenditure Required $: 13,661.50 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : 224100 Grant Y-N: Y

Grant Y-N:

Y Attachments

Grant Agreement Agreement Exhibit A Form Review Inbox Jennifer Mendoza Form Started By: Beth Tanner

Reviewed By Jennifer Mendoza

Date 02/17/2026 03:28 PM Started On: 02/17/2026 09:35 AM

FS-1500-0100 OMB No. 0596-0217 EXP: 05/31/2027

GRANT OR AGREEMENT AWARD CO VER SHEET IDENTIFICATI ON INFORMATION 1. Federal Award Identification Number (FAIN): 25-PA-11060300-199 (Agreement Number) 3. New FFA Award

Master

4. Instrument (Project) Title:

Mod. Number 001

Modification

Stand-Alone

2. Cooperator Agreement/Instrument #: N/A

Noxious Weed Control Within Cowlitz County

SPA

5. Authority U.S.C and Title: 6. Assistance Listing Number and Title: Secure Rural Schools and Community Self Determination Act of 2000, 10.665 Schools and Roads - Grants to States Title VI Community Forest Restoration, Pub. L. 106393, §605, Establishment of Program 7. Cooperator/Recipient Information (Must match SAM.gov): 8. U.S. Forest Service Unit Address ( where the work is being managed): Name: COWLITZ COUNTY ADM ANNEX

Name: Gifford Pinchot National Forest

Address: 207 N 4th Ave

Address: 987 McClellan RD

State WA

City: Kelso

Zip: 98626-4124

State WA

City: Vancouver

9. Cooperator Unique Entity Identifier (UEI): TZ8RNRDSRNN1

10. Master Agreement Number if SPA: N/A

11. Period of Performance Start Date:

12. Master Agreement Expiration Date:

05/01/2030 Expiration Date:05/01/2030

Execution Date: 13. Cooperator Program Manager:

Zip: 98661

(SPA expiration date cannot exceed the Master) 14. U.S. Forest Service Program Manager:

Name: Jennifer Mendoza

Phone: (360) 577-3117

Email: mendozaj@cowlitzwa.gov

Name: Megan Chapman

Phone: (503) 392-5126

Email: megan.chapman@usda.gov

FINANCIAL INFORMATION 15. Federal Funding to be O bligated to Cooperator: $46,000.00

16. Cooperator Contribution Funds: $15,748.90

17. Payment Method:

18. Cooperator Match Percentage: 23.29%

No Funds

Reimbursable

Advance

19. Program Income/Revenue: No

Advance Period Yes

20. Cooperator Indirect Cost Rate (approved rate charged to award): De minimis

Supported

NICRA

Rate 15.00%

Annual

N/A

REPORTING REQ UIREMENTS 21. Performance Report Frequency: Quarterly

Semi-Annual

22. Financial Report Frequency: Annual

N/A

Quarterly

Semi-Annual

ATTACHMENTS The attachments listed below are hereby incorporated and made a part of this instrument. 23. REQUIRED FOR ALL INSTRUMENTS:

24. REQUIRED DEPENDENT ON INSTRUMENT TYPE:

USDA FFA/MIA General Terms and Conditions

Statement of Mutual Benefit and Interest

FS FFA/MIA/R&D General Terms and Conditions

Federal Financial Assistance Forms/Assurances

Purpose/Scope of Work Narrative

TFPA/638 Project Proposals

Budget/Financial Plan

Modification Purpose and/or Description

Other (specify):

25. By signing this instrument, the signer certifies that they are vested with the authority to enter into this instrument. See Attached Cooperator Signature: Name and Title:

Date:

26. This instrument, subject to the provisions above, is executed by The U.S. Forest Service Authorized Signatory: Signature:

U.S. Forest Service Signatory Official (SO) Name and Title: JOHANNA KO VARIK, Forest Supervisor Date:

27. The authority and format of this instrument have been reviewed and approved for signature. Signature:

File Code:1500

U.S. Forest Service Grants Management Specialist Name: JESSICA CLARK

Date:

For technical questions and Section 508 accommodation, please contact SM.FS.fseforms@usda.gov

Page 1 of 2

FS-1500-0100 (REV. 01/2026)

Additional Contacts (if applicable): 28. Cooperator Program Manager: Name: Beth Tanner

Phone: (360) 577-3117

Email: tannerb@cowlitzwa.gov

Phone: (509) 433-4473

Email: andrea.lyons@usda.gov

30. Cooperator Program Manager: Name:

29. U.S. Forest Service Program Manager: Name: Andrea Lyons 31. U.S. Forest Service Program Manager:

Phone:

Email:

Name:

Phone:

Email:

Any additional contacts shall be included in an attachment to this instrument.

Additional Signatories (if applicable): By signing this instrument, the signer certifies that they are vested with the authority to enter into this instrument. 32. Cooperator Signature:

Name and Title:

Date:

33. Cooperator Signature:

Name and Title:

Date:

This instrument, subject to the provisions above, is executed by The U.S. Forest Service Authorized Signatory: U.S. Forest Service Signatory Official (SO) Name and Title: 34. Signature:

Date: U.S. Forest Service Grants Management Specialist Name:

35. Signature:

Date:

Any additional signatories shall be included in an attachment to this instrument.

PAPERWORK REDUCTION ACT STATEMENT According to the Paperwork Reduction Act of 1995, a Federal agency may not conduct or sponsor, and a person is not required to respond to, an information collection request unless it displays a valid Office of Management and Budget (OMB) control number. The valid OMB control number for this information collection request is 0596-0217 . Response to this information collection request is mandatory to obtain or retain benefits. The authority for this information collection request is Paperwork Reduction Act (Pub. L. No. 96-511, 94 Stat. 2812, as amended by Pub. L. 104-13) 44 U.S.C. §§ 3501–3521. The time required to complete this information collection request is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, collecting and maintaining the data needed, and completing and reviewing the information collection request. Send comments regarding this burden estimate or any other aspect of this information collection request, including suggestions for reducing the burden, to Forest Service Information Collections Officer, SM.FS.InfoCollect@usda.gov, with O MB control number 0596-0217 in the subject line.

NO NDISCRIMINATION STATEMENT In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.

File Code:1500

For technical questions and Section 508 accommodation, please contact SM.FS.fseforms@usda.gov

Page 2 of 2

USDA, Forest Service

MODIFICATION NO. 001 OF AGREEMENT NO. 25-PA-11060300-199 The purpose of this modification is to add $46,000.00 for continuation of the project. The previously obligated funds remain available for use. Andrea Lyons is added as a backup Program Manager and can be reached at 509-433-4473 or andrea.lyons@usda.gov. Adam Rich is hereby removed as a Program Manager contact. Effective upon the execution of this modification, the following terms are incorporated into the grant or agreement. If any duplications or contradictions are identified by applying these new requirements, the USDA and Forest Service General Terms and Conditions and the FS-1500-0100 take precedence. A. U.S. DEPARTMENT OF AGRICULTURE GENERAL TERMS AND CONDITIONS. In accordance with Secretarial Memorandum 1078-021, the USDA General Terms & Conditions for Mutual Interest Agreements, dated 12/31/2025, and its implementing regulations, 2 CFR 400, apply to the Cooperator and any sub-awardees and/or sub-contractors under this agreement. These Departmental policies and regulatory requirements are incorporated by reference into this agreement as if fully set forth in this agreement and located at: https://www.usda.gov/about-usda/generalinformation/staff-offices/office-chief-financial-officer/federal-financialassistance-policy/usda-general-terms-andconditions?utm_medium=email&utm_source=govdelivery B. FOREST SERVICE GENERAL TERMS AND CONDITIONS. The Forest Service General Terms & Conditions for Mutual Interest Agreements dated 2/14/2026, and its implementing regulations, apply to the Cooperator and any sub-awardees and/or sub-contractors under this agreement. These federal policies and regulatory requirements are incorporated by reference into this agreement as if fully set forth in this agreement, located at https://www.fs.usda.gov/working-with-us/grants/terms-conditions

Page 1 of 1

OMB 0596-0217 FS-1500-17B

U.S. Forest Service Exhibit A

USFS Agreement No.: Cooperator Agreement No.:

Financial Plan Matrix:

COST ELEMENTS Direct Costs Salaries/Labor Travel Equipment Supplies/Materials Printing Other Subtotal Coop Indirect Costs FS Overhead Costs Total

25-PA-11060300-199

Mod. No.:

Agreements Financial Plan (Short Form) Note: All columns may not be used. Use depends on source and type of contribution(s). FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS (a) (b) (c) (d)

Noncash $5,093.60 $0.00 $0.00 $0.00 $0.00 $0.00 $5,093.60

Cash to Cooperator $13,120.00 $2,904.00 $0.00 $976.00 $0.00 $23,000.00 $40,000.00 $6,000.00

$764.04 $5,857.64 $46,000.00 Total Project Value:

Noncash $8,480.00 $181.50 $0.00 $0.00 $0.00 $5,000.00 $13,661.50 $0.00

$2,087.40 $0.00 $0.00 $0.00 $0.00 $0.00 $2,087.40

$13,661.50

$2,087.40

Matching Costs Determination Total Forest Service Share = (f) (a+b) ÷ (e) = (f) 76.71% Total Cooperator Share (g) (c+d) ÷ (e) = (g) 23.29% Total (f+g) = (h) (h) 100.00%

Page 1

In-Kind

(e) Total $28,781.00 $3,085.50 $0.00 $976.00 $0.00 $28,000.00 $60,842.50 $6,000.00 $764.04 $67,606.54

WORKSHEET FOR

FS Non-Cash Contribution Cost Analysis, Column (a)

Salaries/Labor Standard Calculation Job Description Program Manager (GP) Botanist (GP) Total Salaries/Labor Travel Standard Calculation Travel Expense Employees

Cost/Day # of Days $605.38 5 $413.34 5

Total

Cost/Trip

# of Trips

Total

Cost/Day

# of Days

Total

Total Equipment Supplies/Materials Standard Calculation Supplies/Materials

# of Items

Cost/Item

Total

Total Supplies/Materials Printing Standard Calculation Paper Material

# of Units

Cost/Unit

Total

Total Printing Other Expenses Standard Calculation Item

# of Units

Cost/Unit

Total

Total Travel

Equipment Standard Calculation Piece of Equipment

# of Units

Total Other

Subtotal Direct Costs

Forest Service Overhead Costs Current Overhead Rate Subtotal Direct Costs $5,093.60 15.00% Total FS Overhead Costs

TOTAL COST

$3,026.90 $2,066.70 $5,093.60

$0.00 $0.00

$5,093.60 Total

$5,857.64

$764.04 $764.04

WORKSHEET FOR

FS Cash to the Cooperator Cost Analysis, Column (b)

Salaries/Labor Standard Calculation Job Description Seasonal Specialist Total Salaries/Labor Travel Standard Calculation Travel Expense Round Trip Shops to Site Total Travel Equipment Standard Calculation Piece of Equipment # of Units Total Equipment Supplies/Materials Standard Calculation Supplies/Materials PPE, Tools, Herbicide, Herbicide PPE Total Supplies/Materials Printing Standard Calculation Paper Material Total Printing Other Expenses Standard Calculation Item WCC Crew Seasonal Technician 1 Seasonal Technician 2 Total Other

Cost/Day # of Days $410.00 32

Total $13,120.00 $13,120.00

Cost/Trip # of Trips $90.75 32

Total

Cost/Day

# of Days

Total

# of Items

Cost/Item

Total

# of Units

Cost/Unit

Total

Cost/Unit $2,000.00 $250.00 $250.00

Total

# of Units

Subtotal Direct Costs

Cooperator Indirect Costs Current Overhead Rate Subtotal Direct Costs $40,000.00 15.00% Total Coop. Indirect Costs

TOTAL COST

4 30 30

$2,904.00 $2,904.00

$0.00 $0.00

$976.00 $976.00

$0.00 $0.00

$8,000.00 $7,500.00 $7,500.00 $23,000.00

$40,000.00 Total

$46,000.00

$6,000.00 $6,000.00

WORKSHEET FOR

Cooperator Non-Cash Contribution Cost Analysis, Column (c)

Salaries/Labor Standard Calculation Job Description Coordinator Specialist Total Salaries/Labor Travel Standard Calculation Travel Expense Round Trip Shops to Site Total Travel Equipment Standard Calculation Piece of Equipment # of Units

Cost/Day # of Days $650.00 8 $410.00 8

Total

Cost/Trip # of Trips $90.75 2

Total

Cost/Day

# of Days

Total

Total Equipment Supplies/Materials Standard Calculation Supplies/Materials

# of Items

Cost/Item

Total

Total Supplies/Materials Printing Standard Calculation Paper Material

# of Units

Cost/Unit

Total

Cost/Unit

Total

Total Printing Other Expenses Standard Calculation Item # of Units Contributing Partner Right of Way Contract Total Other

Subtotal Direct Costs

Cooperator Indirect Costs Current Overhead Rate Subtotal Direct Costs $13,661.50 Total Coop. Indirect Costs

TOTAL COST

$5,200.00 $3,280.00 $8,480.00

$181.50 $181.50

$0.00 $0.00

$5,000.00 $5,000.00

$13,661.50 Total

$13,661.50

$0.00 $0.00

WORKSHEET FOR

Cooperator In-Kind Contribution Cost Analysis, Column (d)

Salaries/Labor Standard Calculation Job Description Volunteers (6 hr day) Total Salaries/Labor Travel Standard Calculation Travel Expense Employees

Cost/Day # of Days $208.74 10

Total

Cost/Trip

# of Trips

Total

Equipment Standard Calculation Piece of Equipment # of Units

Cost/Day

# of Days

Total

Total Equipment Supplies/Materials Standard Calculation Supplies/Materials

# of Items

Cost/Item

Total

Total Supplies/Materials Printing Standard Calculation Paper Material

# of Units

Cost/Unit

Total

Total Printing Other Expenses Standard Calculation Item

# of Units

Cost/Unit

Total

Total Travel

Total Other

Subtotal Direct Costs

TOTAL COST

$2,087.40

$2,087.40 $2,087.40

$0.00 $0.00

AS-14723 Consent BOCC Agenda Meeting Date: 03/03/2026 Cooperative Purchasing Agreement with Local Government Cooperative Submitted For: Ashley Claussen Submitted By: Ashley Claussen Department: Purchasing Services

B. 10.

Information Subject and Summary Statement In an effort to maximize the use of cooperative purchasing options available to Cowlitz County, the Purchasing Department requests approval of an Interlocal Agreement with Local Government Cooperative (LGC). This will allow the County to obtain the most favorable pricing and reduce duplicative activities for a wide variety of products and services. The attached agreement has been approved as to form by the Cowlitz County Prosecuting Attorney's Office. Will Staff Attend - NAME OF STAFF No. Department Recommendation It is the recommendation of the Purchasing Department that the Board move to approve the Interlocal Cooperative Purchasing Agreement between Cowlitz County and LGC.

Attachments ILA Form Review Form Started By: Ashley Claussen

Started On: 02/24/2026 02:42 PM

3100 S Vista Ave, Ste 202 Boise, ID 83705 admin@LGCprocurement.org https://iahd.com/lgc (208) 345-5176

INTERLOCAL COOPERATION AGREEMENT FOR COOPERATIVE PURCHASING

This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the Local Government Cooperative ("LGC"), a non-profit purchasing cooperative organized and existing under the laws of the State of Idaho, with its principal place of business at 3100 S Vista Ave Boise, ID 83705, and Cowlitz County, WA ("Washington Agency"), a public agency organized and existing under the laws of the State of Washington, with its principal place of business at 1600 13th Ave S Kelso, WA 98626. LGC and the Washington Agency are collectively referred to herein as the "Parties." RECITALS: WHEREAS, LGC is a non-profit purchasing cooperative established to facilitate cooperative purchasing for public entities in Idaho and other jurisdictions, pursuant to Idaho Code § 672326 et seq. (Joint Exercise of Powers) and Idaho Code § 67-2328 (Agreements for Joint or Cooperative Action); WHEREAS, the Washington Agency is a public agency authorized under Washington Revised Code of Washington (RCW) Chapter 39.34 (Interlocal Cooperation Act) to enter into interlocal agreements with other public agencies, including those in other states, for the joint exercise of powers, including cooperative purchasing; WHEREAS, RCW 39.34.030 authorizes public agencies in Washington to exercise powers jointly with public agencies of other states to the extent permitted by the laws of such other states, and Idaho Code § 67-2328 similarly authorizes joint or cooperative action with public agencies of other states; WHEREAS, the Parties desire to promote efficiency and cost savings in public procurement by allowing the Washington Agency to "piggyback" on competitively bid vendor contracts awarded by LGC, subject to applicable laws and vendor consent; WHEREAS, this Agreement is intended to facilitate such cooperative purchasing without obligating either Party to make any specific purchases; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

Page 1 of 5

3100 S Vista Ave, Ste 202 Boise, ID 83705 admin@LGCprocurement.org https://iahd.com/lgc (208) 345-5176

1. PURPOSE AND SCOPE The purpose of this Agreement is to enable the Washington Agency to utilize LGC's existing and future vendor contracts for goods, services, and supplies that have been competitively solicited and awarded by LGC in accordance with applicable Idaho procurement laws for formal competitive bidding. This "piggybacking" arrangement shall allow the Washington Agency to procure from LGC's vendors under the same terms, conditions, and pricing as in LGC's contracts, provided that: a. The vendor agrees to extend the contract terms to the Washington Agency; b. The procurement complies with the Washington Agency's own procurement policies and applicable Washington laws, including but not limited to RCW 39.26 (Procurement of Goods and Services) and RCW 39.34; c. Each purchase by the Washington Agency shall be documented by a separate purchase order or agreement directly between the Washington Agency and the vendor, referencing this Agreement and the relevant LGC contract number. 2. ROLES AND RESPONSIBILITIES a. LGC shall: o

Provide the Washington Agency with access to information regarding its competitively bid contracts, including bid documents, contract terms, pricing, and vendor contacts, upon request.

Not be responsible for any purchases, payments, disputes, or liabilities arising from the Washington Agency's use of LGC contracts.

b. The Washington Agency shall: o

Ensure that its use of LGC contracts complies with all applicable Washington laws and its internal policies.

Issue purchase orders directly to vendors and make payments directly to vendors for all goods and services obtained under this Agreement.

Hold LGC harmless from any claims, disputes, or liabilities arising from its purchases.

Provide LGC with notice of any substantial issues with vendor performance under piggybacked contracts. Page 2 of 5

3100 S Vista Ave, Ste 202 Boise, ID 83705 admin@LGCprocurement.org https://iahd.com/lgc (208) 345-5176

3. NO MINIMUM PURCHASE REQUIREMENT This Agreement does not obligate the Washington Agency to purchase any minimum quantity or value of goods or services from LGC's vendors. Participation is voluntary and at the discretion of the Washington Agency. 4. COMPLIANCE WITH LAWS The Parties shall comply with all applicable federal, state, and local laws, including but not limited to procurement statutes, anti-discrimination laws, and any federal requirements if federal funds are involved (e.g., Uniform Guidance under 2 CFR Part 200). Each Party is responsible for ensuring its own compliance with its jurisdictional laws. 5. PUBLIC DISCLOSURE As a local government agency, the Washington Agency is subject to public disclosure laws. LGC agrees that pursuant to the Washington State Public Records Act, Chapter 42.56 of the Revised Code of Washington, the Washington Agency may be required to disclose information provided by LGC. The Washington Agency shall promptly notify LGC of any requests for public disclosure of documents and information pursuant to the law. LGC shall be responsible for and bear the costs of taking legal action to prevent disclosure of such documents and information. In no event shall the Washington Agency be liable to LGC for disclosure of LGC’s documents and information which it deems disclosable under the law. 6. TERM AND TERMINATION This Agreement shall become effective upon the date of the last signature below and shall remain in effect for a period of ﬁve (5) years, unless terminated earlier. This Agreement may be renewed for additional terms upon mutual written consent of the Parties. Either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party. Termination shall not affect any purchases initiated prior to the termination date. 7. INDEMNIFICATION To the extent permitted by law, each Party agrees to indemnify, defend, and hold harmless the other Party, its officers, employees, and agents from and against any claims, losses, damages, or liabilities arising from its own negligence or willful misconduct in connection with this Agreement. Page 3 of 5

3100 S Vista Ave, Ste 202 Boise, ID 83705 admin@LGCprocurement.org https://iahd.com/lgc (208) 345-5176

8. GOVERNING LAW Any litigation that should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington. 9. ENTIRE AGREEMENT; AMENDMENTS This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements. Any amendments must be in writing and signed by authorized representatives of both Parties. 10. NOTICES All notices required under this Agreement shall be in writing and delivered to the addresses speciﬁed above, or to such other address as a Party may designate in writing. 11. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 12. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Page 4 of 5

3100 S Vista Ave, Ste 202 Boise, ID 83705 admin@LGCprocurement.org https://iahd.com/lgc (208) 345-5176

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

LOCAL GOVERNMENT COOPERATIVE (LGC)

By: ____________________________________

Date: 02/26/2026

Name: David M. Kuck Title: LGC Program Director, Idaho Association of Highway Districts

COWLITZ COUNTY, WA By: _______________________________ ______

Date: __________________

Name: __________________________________ Title: ____________________________________

Page 5 of 5

AS-14725 B. 11. BOCC Agenda Meeting Date: 03/03/2026 AGREEMENT - WSDOT Local Agency Agreement Supplement No. 2 and Federal Aid Project Prospectus Allender Road Bridge Replacement - Project No. 1810 Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached are the Local Agency Agreement (LAA) Supplement No. 2 and a revised prospectus. The LAA supplement revision is required since the low bid was more than $250,000 below the federal funding amount. The federal fund decrease for the construction contract of $302,454 is redistributed to the agency and consultant construction inspection. There is a net decrease of $57,454 in project total federal funds, there is an increase of $279,000 in the federal funding for the agency, resulting in zero cost to the agency. Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to authorize the Chairman to execute said Supplement No. 2 to the Local Agency Agreement (page 1) and the Project Prospectus (last page) for submittal to WSDOT.

Attachments LAA - Supplement 2 Federal Aid Prospectus LAA - Supplement No. 1 LAA - WSDOT Executed Vicinity Map Form Review Inbox Chris Andrews Emilie Cochrane Chris Andrews Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By

Date

Emilie Cochrane Chris Andrews Susan Eugenis

02/25/2026 07:24 AM 02/25/2026 07:27 AM 02/25/2026 07:53 AM Started On: 02/24/2026 04:39 PM

Washington State Department of Transportation Agency

Local Agency Agreement Supplement Supplement Number

Cowlitz County

Project Number

Agreement Number

BROS-2008(033)

LA 09965

ALN. 20.205 - Highway Planning and Construction Federal Highway Administration (FHWA)

All provisions in the basic agreement remain in effect except as modified by this supplement. The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment (2 CFR Part 180). Additional changes to the agreement are as follows: Project Description Name Allender Road Bridge Replacement Termini 0.68-0.80 Description of Work

Length 0.12 miles

No Change

Reason for Supplement Adjust contract based on low bids and replace CN agency funding with available federal funding for eligible work.

Indirect Cost Rate

Yes

Project Agreement End Date 12/31/2029 Advertisement Date 9/30/2025

Type of Work PE 100

Federal Aid Participation Ratio(s) for PE RW

Federal Aid Participation Ratio(s) for RW CN 100

Federal Aid Participation Ratio(s) for CN

a. Agency b. Other Consultant c. Other d. State Services e. Total PE Cost Estimate f. Agency g. Other h. Other i. State Services j. Total R/W Cost Estimate k. Contract l. Other elig. nonfed contract m. Other consult n. Other elig nonfed agency o. Agency p. State Services q. Total CN Cost Estimate r. Total Project Cost Estimate

(1) Previous Agreement/Suppl. 95,000.00 400,000.00 5,000.00 500,000.00

0.00 1,950,000.00 34,000.00 175,000.00 70,000.00 10,000.00 15,000.00 2,254,000.00 2,754,000.00

Estimate of Funding (3) (4) (5) (2) Estimated Total Estimated Agency Estimated Federal Supplement Project Funds Funds Funds 95,000.00 95,000.00 400,000.00 400,000.00 0.00 5,000.00 5,000.00 0.00 500,000.00 0.00 500,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -302,454.00 1,647,546.00 1,647,546.00 -34,000.00 0.00 175,000.00 175,000.00 -70,000.00 0.00 70,000.00 80,000.00 80,000.00 15,000.00 15,000.00 -336,454.00 1,917,546.00 0.00 1,917,546.00 -336,454.00 2,417,546.00 0.00 2,417,546.00

The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official

Washington State Department of Transportation

By Title Agency Date

By Director, Local Programs Date Executed

DOT Form 140-041LP Revised 09/2025 ● Previous Versions Obsolete ●

Page 1

Agency Cowlitz County

Supplement Number

Project Number

Agreement Number

BROS-2008(033)

LA 09965

VI. Payment and Partial Reimbursement

ALN 20.205 - Highway Planning and Construction Federal Highway Administration (FHWA)

The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX).

VII. Audit of Federal Consultant Contracts

The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation.

IX. Payment of Billing

The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement.

VIII. Single Audit Act

The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $1,000,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State.

XVII. Assurances Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). DOT Form 140-041LP Revised 09/2025 ● Previous Versions Obsolete ●

Page 2

Instructions 1.

Agency – Enter the agency name as entered on the original agreement.

Supplemental Number – Enter the number of the supplement. Supplement numbers will be assigned in sequence beginning with Number 1 for the first supplement.

Project Number – Enter the federal aid project number assigned by WSDOT on the original agreement.

Agreement Number – Enter the agreement number assigned by WSDOT on the original agreement.

Project Description – Enter the project name, length, and termini.

Description of Work – Clearly describe if there is a change in work such as the addition or deletion of work elements and/or changes to the termini. If the work has not changed, put a check mark in the “No Change” box.

Reason for Supplement – Enter the reason for this supplement, i.e., increase PE funding to cover design changes presented in the revised prospectus; request funding of construction phase; decrease construction funding to the contract bid amount. If the supplement is authorizing a construction phase, the project’s proposed advertisement date must be included in the space provided.

Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the supplement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See Section 23.5 for additional guidance.

Project Agreement End Date – Enter your previously established Project Agreement End Date. If authorizing a new phase of the project, update the Project Agreement End Date based on the following guidance: a. For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”. b. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”. c. If an extension to a Project Agreement End Date is required between phase authorizations, the need for the extension must be described in the Reason for Supplement. Adequate justification to approve the extension must be submitted with the supplement. See Section 22.3 for additional guidance.

10. Advertisement Date - At construction authorization only, enter the proposed project advertisement date (mm/dd/yy). 11. Type of Work and Funding (Round all amounts to the nearest whole dollar). a. Column 1 – Enter the amounts from column 1 of the original local agency agreement. If the agreement has already been supplemented, enter the amounts by type of work from column 3 of the last supplemental agreement. b. Column 2 – Enter increase/decrease to total amounts requested by type of work. c. Column 3 – Add the amounts in columns 1 and 2. d. Columns 4 and 5 – Enter the appropriate amounts based on the participation ratio recorded on the original agreement. 12. Signatures – An authorized official of the local agency signs the Supplemental Agreement and enters their title and date of signature (mm/dd/yy). Note: Do NOT enter a date on the Date Executed line.

DOT Form 140-041LP Revised 09/2025 ● Previous Versions Obsolete ●

Page 3

Washington State

1 Department of Transportation

Local Agency Agreement

Agency Cowlitz County

CFDA No. 20. 206

Catalog or Federal Domestic Assistance)

Address 1600 13th Avenue

South

zo 08 C0 33 LA. 9965

Q5 —

Project No. G7i`

Kelso, WA 98626

Agreement No.

For OSC WSDOT Use Only

The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in( 1) Title 23, U. S. Code

Highways,( 2) the regulations issued pursuant thereto,( 3) 2 CFR Part 200,( 4) 2 CFR Part 180- certifying that the local agency is not

excluded from receiving Federal funds by a Federal suspension or debarment,( 5) the policies and procedures promulgated by the Washington State Department of Transportation, and( 6) the federal aid project agreement entered into between the State and Federal

Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to

proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount

shown herein on line r,column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.

All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Allender Road Bridge Replacement '

Name

Length

Termini Milepost 0. 73 to 0. 75

0. 02 miles .

Description of Work

The consists of removing the existing bridge over Stillwater Creek and installing a new bridge. The approaches to the . bridgeproject will be reconstructed as needed. 12/ a 112024 -

Project Agreement End Date Proposed Advertisement

t2. 131( 2OZ6

Claiming Indirect Cost Rate

OI/ 1 Oa o 23

Date

0 Yes

Estimate of Fundli.g

Type of Work

Estimated Total a

Estimated Agency

Estimated Federal

Project Funds

a. o

100

Federal Aid

Agency _

Funds

145, 000. 00 1450, 000. 00

Consultant

b. Other

Funds

0. 00

1 45, 000. 00

10. 00

450, 000. 00

0. 00

i 5, 000. 00

c. Other

Participation Ratio for PE

d. State e. Total

Right of Way o

5, 000. 00 PE Cost Estimate ta• ba+d1

500, 000. 00

f Agency

10, 000. 00

a. Other

0. 00

500, 000. 00

10, 000. 00

0. 00

Federal Aid

Participation h. Other_ Ratio for RW I. State j. TotatR/ W Cost Estimate 0+ 0.11. 4

1 10, 000. 00

10, 000. 00

Construction k. Contract Federal Aid Participation

I. Other

m. Other

n. Other

0. 00

Ratio for CN o. Agency p. State q. Total CN Cost Estimate r. Total

Agency Official Approved

tkd• m. n• o• o)

c-:S~ ,1.

Project Cost Estimate te+ i• al

y•

CGU s'

this`/

k41t, 202 °?

day of COM

SSIQNERS;`

OF COWLITZ

Y, W

SHLNGTON{.' i,.-`'

4( r'

oft

Bo rd -

`}'"'.;; ._-

'''

Attest

1 rk() Mile Board

t o,

500, 000. 00

Q ry-'.

1, 1

a© ate

7•.,

1-,

tr =

rec or, Local Progra Date Executed

Chairman

0. 00

10, 000. 00

r'' N

By:

Q ac`&

0.00

510, 000. 00

Washingt n State Departmen of Transportation v,

3' "

BOARD OF COUNTY COUN

0. 00

SEP 0 3 2020 Page 1

Construction Method of Financing ( Check Method Selected) State Ad and Award

Method A- Advance Payment- Agency Share of total construction cost( based on contract award)

Method• B- Wthhold from gas tax the Agency' s share of total construction coast( line 5, column 2) in the amount of at$

per month for

months,

Local Force or Local Ad and Award

Method C- Agency cost incurred with partial reimbursement •

The Local Agency further stipulates that pursuant..to said Title 23,.regulations and policies and procedures, and

as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions

set forth below. Adopted by official action on. •

Resolution/ Ordinance No. Provisions I. Scope. of Work

The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set

forth In detail in the" Project Description" and" Type of Work,"

When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the

services described and indicated in" Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration.

When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform

the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority

The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees

that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the

State will further act for the Agency In all matters concerning the project as requested by the Agency. if the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the

Type of Work above. In addition, the State will furnish qualified personnel for the supervision and Inspection of the work in progress. On

Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in cpnformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries

and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records

All project records in support of all costs Incurred and actual expenditures kept by the Agency are to be maintained in accordance

with local government accounting procedures prescribed by the Washington State Auditor' s Office, the U. S. Department of

Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request V. Compliance with Provisions

The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing

by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering, 2. Right of way acquisition. 3. Project construction.

Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show

continuous progress may result the Agency' s project becoming inactive, as described in 23 CFR 630, and subject to de- obligation of federal aid funds and/ or agreement dosure.

if right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement( see Section IX).

If actual construction of the road for which right of way has been purchased Is not started by the close of the tenth fiscal year

following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal

funds paid to the Agency under the terms of this agreement( see Section IX). DOT Form 140- 039 Revised

05/ 2020•

Page 2

The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this

project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,

even though such additional work Is financed without federal aid participation.

The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative thecontract basis oftime. federal participation in the project coat shall be applicable In the event the contractor falls to complete the contract withintothe VI. Payment and Partial Reimbursement

The total cost of the project, including all review and engineering costs and other expenses ofthe State, is to be paid by the Agency 200, The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for ell and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part

costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as

a premise by the State as to the amount or nature of federal participation in this protect.

The Agency shall bil the state for federal aid project cosks incurred inconformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the LooalAgenoy. for maintenance, general administration, supervision, and other overhead shall not be eligible for fedderal participation

unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin

Requirements, Cost Principles and Audit Requirements for Federal. Awards, and retained for audit.

The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. Section IX). The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government( see 1. Project Construction Costs

Project construction financing will be accomplished by one of the three methods as indicated in this agreement.

Method A— The Agency will place with the State, within( 20) days after the execution of the construction contract, an advance in the

amount of the Agency's share of the total construction coat based on the contract award. The State will notify the Agency of the exact

amount to be deposited with the State. The State will pay all costs Incurred under the contract upon presentation of progress billings from the contractor, Following such payments, the State wil submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will

present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency.

Method B-- The Agency' s share of the total construction costes shown on the face of this agreement shall be withheld from Its monthlyfuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.

Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its

participating portion of such billings.

Method C— The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once

per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable

to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be

eligible for Federal participation unless claimed under a previously approved indirect cost plan.

The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this

agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs Incurred by the State relative to the.project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation( see SectiontX). VII. Audit of Federal Consultant Contracts

The Agency, if services of a consultant are required, shall be responsible for audit of the consultant' s records to determine eligible

federal aid costs on the project. The report of said audit shall be in the Agency' s files and made available to the State and the Federal Government.

An audit shall be conducted by the WSDOT internal Audit Office in accordance with generally accepted governmental auditing

standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual

MFHWA; 27-50,andConsultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and 2 CFR Part 200. 501- Audit Requirements.

If upon audit it is found that overpayment or participation of federal money In ineligible items of cost has occurred, the Agency shall

reimburse the State for the amount of such overpayment or excess participation( see Section IX). VIII. Single Audit Act

The Agency, as a subreclpient of federal funds, shall adhere to the federal regulations outlined In 2 CFR Part 200.501 as well as all

applicable federal and state statutes and regulations. A subrecipient who expends$ 750,000 or more in federal awards from all sources

during a given fiscal year shall have a single or program- specific audit performed for that year In accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted

promptly to the State. DOT Form 140- 039 Revised 05l2020

Page 3

IX. Payment of Billing

The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project( e.g., State force

work, project cancellation, overpayment, cost Ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund, No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date- This date is based on your projects Period of Performance( 2 CFR Part 200. 309),

•

Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior tobecome the Project Agreement Endreimbursement. Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they ineligible for federal X. Traffic Control, Signing, Marking, and Roadway Maintenance .

The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project • without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,

signals, or markings not In conformance with the Standards approved by the Federal Highway Administration and MUTCR. The Agency

will, at its own expense, maintain the improvement covered by this agreement.. Xl. Indemnity

The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense

all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract

connected with this agreement, or arising by reason of the participation of the State or Federal Government In the project, PROVIDED,

nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to

persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII, Nondiscrimination

Provision

No liability shall attach to the State or Federal Government except as expressly provided herein.

The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT assisted contract and/ or agreement or in the administration of Its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 28 and as approved by USDOT,

is incorporated by reference In this agreement, Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out Its approved program, the

Department may Impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986( 31 U. S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification

thereof, as defined in the rules and regulations ofthe Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with

funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,

insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,

the required contract provisions for Federal- Aid Contracts( FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to Its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local

Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government

which does not participate In work on or under the contract. The Agency also agrees:

1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal

opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.

2) To furnish the State such information as it may require for the supervision of such compliance and that It will otherwise assist the

State in the discharge of its primary responsibility for securing.compliance.

3) To refrain from entering Into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction

contracts pursuant to the Executive Order.

4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order.

in addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the

following actions:

a) Cancel, terminate, or suspend this agreement in whole or in part;

b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and 0) Refer the case to the Department of Justice for appropriate legal proceedings.

DOT Form

140- 039

Revised 06/ 2020

Page 4

• •• •

Xili. Liquidated Damages

The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable In the event the contractor falls to complete the contract within the contract time, Failure to Include liquidated damages provision will not relieve the Agency from reduction of federal participation in

accordance with this paragraph. XIV. Termination for Public Convenience

The Secretary of the Washington State Department of Transportation may terminate the contract In whole, or from time to time In

part, whenever:

1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.

•

2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with

respect to the prosecution of war or in the Interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources.

3) The contractor Is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competentjurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons

or agencies

other than the contractor.

4) The Secretary Is notified by the Federal Highway Administration that the project is inactive. 5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action

For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency

has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that:

1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or

attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or

an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,

or modification of any federal contract, grant, loan, or cooperative agreement.

2) if any funds other than federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee

of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Fort- LLL," Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers( including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed$ 100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S.

Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than$ 10,000 and not more than 100, 000 for each such failure. XVII. Assurances

Local agencies receiving Federal funding from the USDOT or Its operating administrations( i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act( ADA).

Additional Provisions

DOT Form 140- 039 Revised

05/ 2020

I Pape 6

AS-14726 B. 12. BOCC Agenda Meeting Date: 03/03/2026 CHANGE ORDER NO. 2 - 2024 Unit Price Countywide Guardrail Installation and Repair - Project No. 2216 - Columbia River Contractors, Inc. Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is Change Order No. 2 for the contract with Columbia River Contractors, Inc. for the 2024 Unit Price Guardrail Installation and Repair Project. This change order is to address the increase in quantities and unit prices due to substantially greater than anticipated damaged guardrail, and significantly higher material prices due to supply-chain constraints and inflationary pressures. This change order increases the total contract by $30,000. Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to accept Change Order No. 2 to the contract with Columbia River Contractors, Inc. for the 2024 Unit Price Guardrail Installation and Repair Project, increasing the total contract amount by $30,000, bringing the new contract total to $502,080.75.

Fiscal Impact Expenditure Required $: 30,000 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Roads Grant Y-N: N Attachments Change Order No. 2 Change Order No. 1 Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis

Date 02/24/2026 05:11 PM Started On: 02/24/2026 04:55 PM

AS-14724 B. 13. BOCC Agenda Meeting Date: 03/03/2026 AGREEMENT - Cowlitz County Paths and Trails - Port of Kalama Submitted For: Shawn Roewe, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is an agreement with the Port of Kalama to provide funding assistance for their Pedestrian Overpass Reconstruction Project in the amount of $750,000 utilizing the County's share of statewide fuel taxes dedicated to Paths and Trails. The overpass is between the City of Kalama and the Port of Kalama. Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation that the Board move to enter into this agreement with the Port of Kalama.

Fiscal Impact Expenditure Required $: 750,000 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Paths & Trails Grant Y-N: Attachments Agreement Form Review Inbox Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By

Date Started On: 02/24/2026 02:54 PM

AGREEMENT BETWEEN COWLITZ COUNTY AND PORT OF KALAMA

THIS AGREEMENT is made and entered into by and between COWLITZ COUNTY, a political subdivision of the State of Washington, hereinafter referred to as “COUNTY” and the PORT OF KALAMA, a municipality of Washington, hereinafter referred to as “PORT”. WHEREAS, COUNTY receives a distribution of statewide fuel taxes according to the provisions of RCW 46.68.090; and WHEREAS, such funds may be expended as necessary for the planning, accommodation, establishment and maintenance of trails and paths; and WHEREAS, “Trails” and “paths” are defined in RCW 47.30.005 as “a public way constructed primarily for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a City street or County road for the exclusive use of pedestrians.” The term “trail” or “path” also includes a widened shoulder of a highway, street, or road when the extra shoulder width is constructed to accommodate bicyclists consistent with a comprehensive plan or master plan for bicycle trails or paths adopted by a state or local governmental authority either prior to such construction or prior to January 1, 1980; and WHEREAS, the Port of Kalama has requested funding assistance from the Couty in the amount of $750,000 for its Pedestrian Overpass Reconstruction Project; and IT IS THE PURPOSE OF THE AGREEMENT to provide funding assistance to the PORT from the COUNTY’s share of statewide fuel taxes dedicated to paths and trails for the PORT’s Pedestrian Overpass Reconstruction Project. This overpass is between the City of Kalama and the Port of Kalama. The project will allow ADA access. THERE, IT IS MUTUALLY AGREED THAT: EFFECTIVE DATE This Agreement shall be effective upon execution by both parties.

Agreement – Cowlitz County and City of Castle Paths & Trails

Page 1 of 5

PAYMENT Pursuant to the Agreement, COUNTY shall pay to the PORT the sum of $750,000 for the Pedestrian Overpass Reconstruction Project from the Cowlitz County Path and Trail Fund. REPAYMENT GUARANTEES In the event that tax proceeds have been disbursed to the PORT and the funds are not used for the intended purpose, the PORT hereby guarantees that it will refund to the COUNTY all such proceeds disbursed to it, together with accrued interest at the same rate as if the funds had been invested with the Washington State Local Government Investment Pool, provided that the PORT may deduct such amount as it shall have expended through the date on which a decision is made that the funds are not needed. RECAPTURE In the event tax proceeds have been disbursed to the PORT and the PORT fails to comply with the terms of this Agreement or to comply with applicable state law, COUNTY reserves the right to recapture funds in an amount necessary to compensate COUNTY for the noncompliance, in addition to any other remedies available at law or in equity. This paragraph shall survive any termination, expiration of determination of invalidity of this Agreement in whole or in part. DISALLOWED COSTS Each party is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be changed, modified or amended by written Agreement executed by both parties. ASSIGNMENT This Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. CONTRACT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Program Manager for the County is: Shawn Roewe, Finance Director Cowlitz County Department of Administrative Services 1600 13th Avenue S. Kelso, WA 98626 Telephone: 360-577-3030 Email: roewes@cowlitzwa.gov

Agreement – Cowlitz County and City of Castle Paths & Trails

Page 2 of 5

The Program Manager for the Port is: Eric Yakovich, Director of Economic Development Port of Kalama 110 West Marine Drive Kalama, WA 98625 Telephone: 360-673-2337 Email: eyakovich@portofkalama.com DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND DOCUMENTS This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws, with state venue in Superior Count of Cowlitz County. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of the Agreement, or between its terms and any applicable statue or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statues and rules; b. This Agreement; and c. Any other provisions of the agreement, including materials incorporated by reference. CONSTRUCTION This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party. INDEPENDENT CAPACITY AND LIABILITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Each party agrees to be responsible for the liabilities arising out of employment, conduct or omissions of its own officers, agents and employees. Employees performing duties under the direction and supervision of one party are deemed for the purpose of this agreement to be considered agents of that party only, and not agents or employees of the other party. RECORDS MAINTENANCE The parties to this agreement shall each maintain books, records, documents and other evidence

Agreement – Cowlitz County and City of Castle Paths & Trails

Page 3 of 5

which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services and work described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third party without first giving notice to the furnishing party and giving it reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the County. Data shall include, but not limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid shall not affect the other provisions of this Agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. TERMINATION Either party may terminate this Agreement upon 30 days’ prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or coasts incurred in accordance with the terms of this Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party give the other party written notice of such failure or violation. The party responsible will be given the opportunity to correct the violation or failure within 15workding days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other.

Agreement – Cowlitz County and City of Castle Paths & Trails

Page 4 of 5

AS-14710 Consent 14. BOCC Agenda Meeting Date: 03/03/2026 Resolution for Authorization for Cowlitz County to issue Bonds on behalf of the Public Facilities District for certain improvements and to Refund the 2025 Limited GO Refunding Bonds Submitted For: Debra Gardner Submitted By: Debra Gardner Department: Treasurer Information Subject and Summary Statement Resolution for Authorization for Cowlitz County to issue Bonds on behalf of the Public Facilities District for certain improvements to the Cowlitz Regional Conference Center and to Refund the 2025 Limited GO Refunding Bonds. The PFD has requested the Board to find that it is necessary and in the best interest of the County to carry out certain renovations, upgrades, and expansion of the Regional Center Project, to direct the refunding of the 2025 Limited Go Refunding Bonds, and to allow the PFD to collect the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 for additional years. Will Staff Attend - NAME OF STAFF Yes - Shawn Roewe Department Recommendation It is the recommendation of the Finance Committee to issue bonds to refund the 2025 Limited Go Refunding Bonds and make certain improvements to the Regional Center Project on behalf of the Public Facilities District.

Fiscal Impact Expenditure Required $: n Budget Sufficient Y-N: n Amendment Required Y-N: y Source of Funds - What Dept ? : 68201 Grant Y-N: n Attachments Resolution authorizing Issuance of bonds for certain improvements and for Refunding the 2025 Limited GO Refunding Bonds Form Review Form Started By: Debra Gardner

Started On: 02/23/2026 11:29 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS COWLITZ COUNTY, WASHINGTON

A RESOLUTION of the Board of County Commissioners of Cowlitz County, Washington, relating to contracting indebtedness; providing for the issuance, sale, and delivery of limited tax general obligation improvement and refunding bonds of the County to provide funds to pay the cost of making certain improvements to the Cowlitz Regional Conference Center and of refunding an outstanding limited tax general obligation refunding bond of the County and the costs of issuing the bonds; fixing or setting parameters with respect to certain terms of the bonds; appointing the County’s designated representative to approve the final terms of the sale of the bonds; providing for the prepayment of the outstanding bond to be refunded; providing for the delivery of the bonds to the purchaser identified by the designated representative; authorizing a related amendment to the interlocal agreement with the Cowlitz County Public Facilities District; and providing for other related matters.

RESOLUTION NO. _____

WHEREAS, 1.

Effective June 17, 2003, Cowlitz County, Washington (the “County”), and the

Cowlitz County Public Facilities District (the “PFD”) entered into an interlocal agreement (as amended by the First Amendment thereto dated November 26, 2024, and the Second Amendment thereto dated January 21, 2025, the “Interlocal Agreement”) for the acquisition, construction, and equipping of a regional center within the meaning of RCW 35.57.020, currently known as the Cowlitz Regional Conference Center (the “Regional Center Project”). 2.

Pursuant to Resolution No. 03086, adopted by the Board of County

Commissioners of the County (the “Board”) on June 23, 2003, the County issued its Limited Tax General Obligation Improvement and Refunding Bonds, 2003 (the “2003 Bonds”), in part, for the purpose of paying a portion of the cost of the acquisition, construction, and equipping of the Regional Center Project.

FG: 104668716.2

Pursuant to the Interlocal Agreement, the PFD is obligated to make certain

payments to the County to be used to pay principal of and interest on general obligation bonds issued by the County allocated to the Regional Center Project, from proceeds of the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 and the voter-approved lodging tax imposed by the PFD pursuant to RCW 36.100.040. 4.

Pursuant to Resolution No. 12048 adopted by the Board on April 3, 2012, the

County issued its $4,880,000 aggregate principal amount of Limited Tax General Obligation Refunding Bonds, 2012B (the “2012B Bonds”), for the purpose of advance refunding a portion of the then-outstanding 2003 Bonds. 5.

Pursuant to Resolution No. 25003 adopted by the Board on January 21, 2025 (the

“Refunded Bond Resolution”), the County issued its Limited Tax General Obligation Refunding Bond, 2025 (the “2025 Bond”), for the purpose of refunding the then-outstanding 2012B Bonds to modify the debt service requirements and other terms of the 2012B Bonds. 6.

By the Refunded Bond Resolution, the County reserved the right to prepay the

2025 Bond, in whole or in part, anytime at par plus accrued interest, upon 30 days’ prior written notice to the registered owner thereof. 7.

There is currently outstanding $1,170,000 principal amount of the 2025 Bond,

maturing on October 1, 2034, and subject to annual mandatory sinking fund redemption prior to maturity, bearing interest at the rate of 5.16% per annum. 8.

At the time of issuance of the 2025 Bond, the sales and use tax of 0.033%

imposed by the PFD pursuant to RCW 82.14.390 and pledged by the County to the payment of the principal of and interest on the 2025 Bond was to expire when bonds issued to finance or refinance the construction, improvement, rehabilitation, or expansion of the Regional Center Project are retired, but not more than 40 years after the tax was first collected. In 2025, the State Legislature amended RCW 82.14.390 to provide that the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 expires when bonds issued to finance or refinance the

2Resolution No. _____ Date FG: 104668716.2

construction, improvement, rehabilitation, or expansion of the Regional Center Project are retired, but not more than 55 years after the tax was first collected. 9.

Pursuant to chapter 39.53 RCW, the County is authorized to issue refunding

bonds when necessary or in the best interest of the County to modify debt service requirements or other terms of the bonds to be refunded. 10.

The PFD has determined that it is necessary and in the best interest of the PFD to

carry out certain renovations, upgrades, and expansion of the Regional Center Project, to modify debt service requirements and other terms of the 2025 Bond, and to allow the PFD to collect the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 for additional years. 11.

The PFD has requested the Board to find that it is necessary and in the best

interest of the County to carry out certain renovations, upgrades, and expansion of the Regional Center Project, to prepay the 2025 Bond in order to modify debt service requirements and other terms of the 2025 Bond, and to allow the PFD to collect the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 for additional years. 12.

The assessed valuation of the taxable property within the County as ascertained

by the last preceding assessment for collection in calendar year [2025] is $[19,795,231,807], and the timber assessed value is $[1,115,253,373]. The maximum amount of indebtedness authorized by this resolution, specified in Exhibit A, is within the amount permitted to be issued by the County without voter approval, namely, 1.50% of the combined value of the taxable property and timber assessed value in the County, or $[313,657,277]. 13.

RCW 39.46.040 provides that a resolution authorizing the issuance of bonds may

authorize an officer or employee of the County to serve as the County’s designated representative (the “Designated Representative”) and to accept, on behalf of the County, an offer to purchase the bonds so long as the acceptance of such offer is consistent with terms established by a resolution that establishes the following terms for the bonds (or parameters with respect thereto): the amount, date, denominations and designations, interest rates, payment dates, final 3Resolution No. _____ Date FG: 104668716.2

maturity, redemption rights, price, and any other terms and conditions deemed appropriate by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, as follows: Section 1

Definitions. As used in this resolution, the following words shall

have the following meanings: “2025 Bond” means the Limited Tax General Obligation Refunding Bond, 2025, authorized by the Refunded Bond Resolution in the original principal amount of $1,225,000. “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity. “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in the Bond, and includes any person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares (a) voting power that includes the power to vote, or to direct the voting of, the Bond, and/or (b) investment power that includes the power to dispose, or to direct the disposition of, the Bond. “Board” means the Board of County Commissioners of the County. “Bond” means each bond issued by the County pursuant to and for the purposes provided in this resolution. “Bond Counsel” means the firm of Foster Garvey PC, its successor, or any other attorney or firm of attorneys selected by the County with a nationally recognized standing as bond counsel in the field of municipal finance. “Bond Fund” means the debt service fund of the County authorized to be created by this resolution. “Bond Purchase Agreement” means an offer to purchase the Bonds, setting forth the Final Terms, which offer is authorized to be accepted by the Designated Representative on behalf of the County, if consistent with the parameters set forth in Exhibit A, which is attached to this resolution and incorporated by this reference. In the case of a competitive sale, the official 4Resolution No. _____ Date FG: 104668716.2

notice of sale, the Purchaser’s bid, and the award by the County shall collectively constitute the Bond Purchase Agreement for purposes of this resolution. “Bond Register” means the books or records maintained by the Registrar for the purpose of identifying ownership of each Bond. “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. “County” means Cowlitz County, Washington. “Designated Representative” means the officer of the County appointed in Section 4 to serve as the County’s designated representative in accordance with RCW 39.46.040. “DTC” means The Depository Trust Company, New York, New York, or its nominee. “Final Terms” means the terms and conditions for the issuance and sale of the Bonds, including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State Finance Committee from time to time. “Government Obligations” means direct, noncallable obligations of the United States of America or obligations the payment of principal of and interest on which are unconditionally guaranteed by, the United States of America. “Issue Date” means the date of initial issuance and sale of the Bonds to the Purchaser in exchange for the purchase price of the Bonds. “Interlocal Agreement” means the agreement between the County and the PFD dated June 17, 2003, relating to the Regional Center Project, as amended by the First Amendment thereto dated November 26, 2024, and the Second Amendment thereto dated January 21, 2025. “Letter of Representations” means the Blanket Issuer Letter of Representations between the County and the Securities Depository substantially in the form on file with the County, as it

5Resolution No. _____ Date FG: 104668716.2

may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. “MSRB” means the Municipal Securities Rulemaking Board. “Official Statement” means an offering document, disclosure document, private placement memorandum, or similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of the Bonds in conformance with Rule 15c212 or other applicable regulations of the SEC. “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. “PFD” means the Cowlitz County Public Facilities District, Cowlitz County, Washington. “PFD Debt Service Payments” means the proceeds of PFD Taxes necessary for the payment of debt service on general obligations of the County issued to finance and refinance the Regional Center Project, which proceeds the PFD has agreed to transfer to the County under the Interlocal Agreement. “PFD Taxes” means, together, the sales and use tax of 0.033% imposed by the PFD pursuant to RCW 82.14.390 and the voter-approved lodging tax imposed by the PFD pursuant to RCW 36.100.040. “Project” means, collectively: (a) renovation/upgrade of the Regional Center Project, including renovations to accommodate greater flexibility in leasing and use of the Regional Center Project; improvements to food service/catering facilities; upgrading of interior finishes; improvements to technology, AV, and communication systems; improvements to safety and accessibility; improvements to the Expo Hall HVAC system; and improvements to signage and wayfinding; (b) expansion of the Regional Center Project, including approximately 3,000 square feet of additional breakout space to accommodate varying sizes of meetings and conferences and approximately 2,500 square feet of additional storage; and (c) the payment of the costs of issuance and sale of the Bonds issued to pay all or a portion of such project. “Project Bond” means each Bond issued for the purposes of carrying out the Project. 6Resolution No. _____ Date FG: 104668716.2

“Purchaser” means the financial institution or other entity or group of entities selected by the Designated Representative (a) to serve as purchaser in a private placement or direct purchase of the Bonds, (b) to serve as underwriter or initial purchaser in a negotiated sale of the Bonds, or (c) as the successful bidder in a competitive sale of the Bonds. “Prepayment Date” means the date specified by the Designated Representative for the prepayment of the 2025 Bond. “Rating Agency” means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the County. “Record Date” means the Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, “Record Date” means the Registrar’s close of business on the date on which the Registrar provides the notice of redemption. “Refunded Bond Resolution” means Resolution No. 25003, adopted by the Board on January 21, 2025. “Refunding Bond” means each Bond issued for the purposes of carrying out the Refunding Plan. “Refunding Plan” means the deposit with the registrar for the 2025 Bond of an amount of proceeds of the Refunding Bonds sufficient (together with other money of the County, if necessary) to prepay the 2025 Bond on the Prepayment Date at a price of par plus accrued interest. “Regional Center Project” means the regional center of the PFD (within the meaning of RCW 35.57.020), which regional center is currently known as the Cowlitz Regional Conference Center. “Registered Owner” means, with respect to a Bond, the person in whose name the Bond is registered on the Bond Register. For any Bond subject to a book-entry only system under the Letter of Representations, “Registered Owner” means the Securities Depository.

7Resolution No. _____ Date FG: 104668716.2

“Registrar” means the Fiscal Agent or any other bond registrar selected by the County for the Bonds. “Registration Resolution” means Resolution No. 87-030 establishing a system of registration for the County’s bonds and other obligations. “Rule 15c212” means Rule 15c212 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. “SEC” means the United States Securities and Exchange Commission. “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the County that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. “State” means the State of Washington. “Term Bond” means each Bond subject to mandatory sinking fund redemption and designated as a Term Bond in the Bond Purchase Agreement. “Treasurer” means the Treasurer of the County. “Undertaking” means an undertaking to provide continuing disclosure entered into pursuant to Section 16. Section 2

Findings. The Board takes note of the following facts and makes

the following findings and determinations. (a)

It is in the best interests of the County for the PFD to carry out the Project. The

estimated cost of carrying out the Project is $11,200,000, and the PFD does not have available sufficient funds to pay the cost of carrying out the Project. (b)

It is in the best interests of the County and its taxpayers to carry out the Refunding

Plan to modify the debt service requirements and other terms of the 2025 Bond. The Refunding Plan will discharge and satisfy the obligations, pledges, charges, trusts, covenants, and agreements of the County under the Refunded Bond Resolution as to the 2025 Bond, and the 2025 Bond will no longer be deemed to be outstanding immediately upon the deposit of the money specified in the Refunding Plan with the registrar for the 2025 Bond. 8Resolution No. _____ Date FG: 104668716.2

(c)

For the purpose of providing the funds necessary to carry out the Project and the

Refunding Plan, it is in the best interests of the County and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the Designated Representative consistent with this resolution. (d)

The appointment of the Designated Representative pursuant to Section 4 is

consistent with the approved debt policy of the County adopted in accordance with RCW 36.48.070. Section 3 (a)

Authorization of Bonds.

The County is authorized to borrow money and issue limited tax general

obligation bonds evidencing indebtedness to provide funds necessary to carry out the Project. (b)

The County is authorized to borrow money and issue limited tax general

obligation refunding bonds evidencing indebtedness to provide funds necessary to carry out the Refunding Plan. Section 4

Designated Representative. The Treasurer is appointed as the

Designated Representative and is authorized and directed to conduct the issuance and sale of the Bonds in the manner and upon the terms deemed most advantageous to the County, and to approve the Final Terms, with such additional terms and covenants as the Designated Representative deems advisable, consistent with the parameters set forth in Exhibit A. Section 5 (a)

Registrar; Registration and Transfer of Bonds.

Registration of Bonds. Each Bond shall be issued only in registered form as to

both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b)

Registrar. The Fiscal Agent is appointed as initial Registrar. The Registrar shall

keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the County at all reasonable times. The Registrar is authorized, on behalf of the County, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this resolution, to serve as the County’s paying agent for 9Resolution No. _____ Date FG: 104668716.2

the Bonds, and to carry out all of the Registrar’s powers and duties under this resolution and the Registration Resolution. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on each Bond. The Registrar may become an Owner with the same rights it would have if it were not the Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c)

Bond Register. The Bond Register shall contain the name and mailing address of

each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same maturity and interest rate. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the maturity date or date fixed for redemption. (d)

Securities Depository. The Bonds initially shall be issued in book-entry only

form. DTC is appointed as initial Securities Depository, and the Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book-entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the County; or (iii) to any person as provided in this resolution if the Bond is no longer to be held in book-entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the County, the County may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the County does not appoint a substitute Securities Depository, or (ii) the County terminates 10Resolution No. _____ Date FG: 104668716.2

the services of the Securities Depository, the Bonds no longer shall be held in book-entry only form and the registered ownership of each Bond may be transferred to any person as provided in this resolution. Neither the County nor the Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the County nor the Registrar shall be responsible for any notice that is permitted or required to be given to the Registered Owner of a Bond registered in the name of the Securities Depository except such notice as is required to be given by the Registrar to the Securities Depository. (e)

Letter of Representations. To induce the Securities Depository to accept the

Bonds as eligible for deposit, the County approves the Letter of Representations. The Designated Representative is authorized to execute the Letter of Representations, on behalf of the County, and to deliver it to the Securities Depository on or before the Issue Date. Section 6 (a)

Form and Execution of Bonds.

Form of Bonds; Signatures. Each Bond shall be prepared in a form consistent

with the provisions of this resolution and State law. Each Bond shall be signed by the Chair and Clerk of the Board, either or both of whose signatures may be manual or in facsimile. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the County authorized to sign bonds before the Bond bearing the manual or facsimile signature of the officer is authenticated by the Registrar, or issued or delivered by the County, the Bond nevertheless may be authenticated, issued, and delivered and, when authenticated, issued, and delivered, shall be as binding on the County as though the person had continued to be an officer of the County authorized to sign bonds. Any Bond also may be signed on behalf of the County by any person who, on the actual date of signing of the Bond, is an officer of the County authorized to sign bonds, although the officer did not hold the required office on the Issue Date. (b)

Authentication. Only a Bond bearing a Certificate of Authentication in

substantially the following form, manually signed by the Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this resolution: “Certificate of Authentication. This 11Resolution No. _____ Date FG: 104668716.2

Bond is one of the fully registered Cowlitz County, Washington, Limited Tax General Obligation Improvement and Refunding Bonds, 2026, described in Resolution No. _____ of the County.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated, and delivered and is entitled to the benefits of this resolution. Section 7

Payment of Bonds. Principal of and interest on each Bond shall

be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository are payable in the manner set forth in the Letter of Representations. Principal of and interest on each Bond not registered in the name of the Securities Depository are payable by electronic transfer on the payment date, or by check or draft of the Registrar mailed on the payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. The County is not required to make electronic transfers except at the sole expense of the Registered Owner and pursuant to a request by a Registered Owner in writing received on or prior to the Record Date. The principal of each Bond not registered in the name of the Securities Depository is payable only upon presentation and surrender of the Bond by the Registered Owner to the Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8 (a)

Redemption and Purchase of Bonds.

Optional Redemption. The Bonds shall be subject to redemption at the option of

the County on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A. (b)

Mandatory Sinking Fund Redemption. Each Bond that is designated as a Term

Bond in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A and except as set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts set forth in the Bond Purchase Agreement. If a Term Bond is redeemed under the optional redemption provisions, defeased, or purchased by the County and surrendered for cancellation, the stated 12Resolution No. _____ Date FG: 104668716.2

principal amount of the Term Bond so redeemed, defeased, or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for the Term Bond. The County shall determine the manner in which the credit is to be allocated and shall notify the Registrar in writing of its allocation prior to the earliest mandatory redemption date for the Term Bond for which notice of redemption has not already been given. (c)

Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the

outstanding Bonds are to be redeemed at the option of the County, the County shall select the maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity are to be redeemed, the Bonds to be redeemed are to be selected randomly. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of the Bond to the Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d)

Notice of Redemption. Notice of redemption of each Bond registered in the name

of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Treasurer shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. 13Resolution No. _____ Date FG: 104668716.2

(e)

Rescission of Optional Redemption Notice. In the case of an optional

redemption, notice of redemption that has not been given irrevocably may state that the County retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is not irrevocable and is so rescinded shall be of no effect, such rescission shall not constitute a default under this resolution, and each Bond for which notice of optional redemption has been so rescinded shall remain outstanding. (f)

Effect of Redemption Notice. Interest on each Bond duly called for redemption

shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as provided in subsection (e) of this Section, or money sufficient to effect such redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g)

Purchase of Bonds. The County reserves the right to purchase any or all of the

Bonds offered to the County or in the open market at any time at any price acceptable to the County plus accrued interest to the date of purchase. Section 9

Failure to Pay Bonds. If the principal of any Bond is not paid

when the Bond is properly presented at its maturity or date fixed for redemption, the County shall be obligated to pay interest on the Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of the call to the Registered Owner. Section 10 (a)

Application of Bond Proceeds.

Project Bonds. Proceeds of the Project Bonds shall be deposited in the fund or

account of the County designated by the Treasurer and used to carry out the Project. Until needed to pay such costs, the County may invest the principal proceeds of the Project Bonds in any legal investment, and the investment earnings may be used to carry out the Project. 14Resolution No. _____ Date FG: 104668716.2

(b)

Refunding Bonds. Proceeds of the Refunding Bonds sufficient to carry out the

Refunding Plan shall be deposited with the registrar for the 2025 Bond on or prior to the Prepayment Date and used to carry out the Refunding Plan. (c)

Notice of Prepayment. The Treasurer is authorized and directed to give or cause

to be given such notices as required, at the times and in the manner required by the Refunded Bond Resolution, to effect the prepayment prior to its maturity of the 2025 Bond. Section 11

Pledge of Taxes and Revenues.

(a)

General Obligations. The Bonds constitute a general indebtedness of the County.

(b)

Property Taxes. For as long as the Bonds are outstanding, the County irrevocably

pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same become due. The full faith, credit, and resources of the County are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the County. (c)

PFD Debt Service Payments. The County irrevocably pledges to the payment of

the principal of and interest on the Bonds the PFD Debt Service Payments received by the County. (d)

Limited Liability. The Bonds do not constitute a debt or obligation of the State or

any political subdivision of the State other than the County. Section 12

Bond Fund. The Bond Fund is authorized to be created and

established as a special fund in the office of the Treasurer for the purpose of paying principal of and interest on the Bonds. All property taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund or as otherwise specified by the Treasurer. All PFD Debt Service Payments received by the County shall be deposited in the Bond Fund (or in an appropriate account within the Bond Fund) and used solely for payment of principal of and interest on the Bonds. 15Resolution No. _____ Date FG: 104668716.2

Section 13

Federal Income Tax Matters. The County covenants that it will

take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the County treated as proceeds of the Bonds at any time during the term of the Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The County also covenants that it will, to the extent the arbitrage rebate requirement of section 148 of the Code is applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Bonds, including the calculation and payment of any penalties that the County has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. Section 14

Refunding or Defeasance of Bonds. The County may issue

refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include: (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the County sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund, or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this resolution and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Registered Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the County may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any 16Resolution No. _____ Date FG: 104668716.2

lawful purpose. Unless otherwise specified by the County in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this resolution for the redemption of Bonds. Section 15 (a)

Sale and Delivery of Bonds.

Method of Sale. The Designated Representative is authorized to sell the Bonds by

negotiated sale, private placement, direct purchase, or competitive sale, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate County officials and staff, Bond Counsel, and other advisors. In determining the method of sale of the Bonds and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the County. The Designated Representative is authorized and directed to execute and deliver agreements with such advisors as the Designated Representative deems to be in the best interest of the County in selling the Bonds, including engaging municipal advisors, Bond Counsel, underwriters, Registrars, Rating Agencies, printers, and electronic distribution platforms. The Board ratifies and confirms the execution and delivery of any such agreement prior to the effective date of this resolution in furtherance of the purposes described in this resolution and not inconsistent with the terms of this resolution. (b)

Negotiated Sale, Private Placement, or Direct Purchase. If the Designated

Representative determines that the Bonds are to be sold by negotiated sale, private placement, or direct purchase, the Designated Representative shall select one or more Purchasers with which to negotiate the sale. The Bond Purchase Agreement shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Agreement on behalf of the County, so long as the Final Terms provided therein are consistent with the parameters set forth in Exhibit A. (c)

Competitive Sale. If the Designated Representative determines that the Bonds are

to be sold by competitive sale, the Designated Representative shall cause the preparation of an 17Resolution No. _____ Date FG: 104668716.2

official notice of bond sale setting forth parameters for the Final Terms and any other bid parameters that the Designated Representative deems appropriate consistent with this resolution. Bids for the purchase of the Bonds shall be received at the time or place and by the means directed by the Designated Representative. On the date and time established for the receipt of bids, the Designated Representative (or the designee of the Designated Representative) shall open bids and shall cause the bids to be mathematically verified. The Designated Representative is authorized to award, on behalf of the County, the winning bid and accept the winning bidder’s offer to purchase the Bonds, with such adjustments to the aggregate principal amount and principal amount per maturity as the Designated Representative deems appropriate, consistent with the terms of this resolution. The Designated Representative may reject any or all bids submitted and may waive any formality or irregularity in any bid or in the bidding process if the Designated Representative deems it to be in the County’s best interest to do so. If all bids are rejected, the Bonds may be sold pursuant to negotiated sale, private placement, direct purchase, or subsequent competitive sale as the Designated Representative determines is in the best interest of the County, within the parameters set forth in Exhibit A. (d)

Delivery of the Bonds. The Bonds shall be prepared at the expense of the County

and shall be delivered to the Purchaser in accordance with the Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 16 (a)

Official Statement; Continuing Disclosure.

Preliminary Official Statement. The Designated Representative shall review and,

if acceptable to the Designated Representative, approve the preliminary Official Statement prepared in connection with the sale of the Bonds to the public or through a Purchaser. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c212, the Designated Representative is authorized to deem the preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c212. The County approves the distribution to potential purchasers of the Bonds of a preliminary Official

18Resolution No. _____ Date FG: 104668716.2

Statement that has approved by the Designated Representative and been deemed final in accordance with this subsection. (b)

Final Official Statement. The County approves the preparation of a final Official

Statement prepared in connection with the sale of the Bonds to the public or through a Purchaser, in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a) of this Section, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver the final Official Statement to the Purchaser if required under Rule 15c212 or the Bond Purchase Agreement. The County authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of the Bonds. (c)

Undertaking to Provide Continuing Disclosure. If necessary to meet the

requirements of paragraph (b)(5) of Rule 15c212, as applicable to the Purchaser acting as a participating underwriter for the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds. The Designated Representative is authorized to review, update, and implement the County’s written procedures to facilitate compliance by the County with the provisions of this Section and the applicable requirements of the Undertaking and Rule 15c212. Section 17

Amendment of Interlocal Agreement. The Chair of the Board is

authorized and directed to execute and deliver an amendment to the Interlocal Agreement in substantially the form attached to this resolution as Exhibit B. Section 18

Enforcement of Interlocal Agreement. The County will enforce

the compliance of and promptly seek to compel cure of any default by the PFD under the Interlocal Agreement, as it may be amended from time to time in accordance with its terms. The County will not permit the Interlocal Agreement to be amended in any manner that would adversely affect the rights of the Registered Owners.

19Resolution No. _____ Date FG: 104668716.2

Section 19

General Authorization and Ratification. The Chair of the

Board, the Clerk of the Board, the Treasurer, the Finance Director, and each other appropriate officer of the County are each individually authorized and directed to take any actions and to execute any documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this resolution and the Bond Purchase Agreement (including everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use, and investment of the proceeds of the sale thereof), and all actions heretofore taken in furtherance thereof and not inconsistent with the terms of this resolution are ratified and confirmed in all respects. Section 20

Severability. If any one or more of the covenants or agreements

provided in this resolution to be performed on the part of the County shall be declared by any court of competent jurisdiction to be contrary to law, then each such covenant or agreement shall be null and void and shall be deemed separable from the remaining covenants and agreements in this resolution and shall in no way affect the validity of the other provisions of this resolution or of the Bonds.

20Resolution No. _____ Date FG: 104668716.2

Section 21

Effective Date. This resolution shall take effect and be in fullforce

from and after its adoption. ADOPTED by the Board of County Commissioners of Cowlitz County, Washington, at a regular open public meeting thereof this 3rd day of March, 2026.

Chair

Commissioner

Commissioner ATTEST:

Clerk of the Board

APPROVED AS TO FORM:

21Resolution No. _____ Date FG: 104668716.2

EXHIBIT A PARAMETERS FOR FINAL TERMS (a)

Principal Amount.

The Bonds shall not exceed the aggregate principal amount of $13,000,000.

(b)

Date.

Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this resolution.

(c)

Denominations, Name.

The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative.

(d)

Interest Rates.

Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360day year consisting of twelve 30day months) from the Issue Date or from the most recent date to which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 5.50%, and the true interest cost to the County for the Bonds may not exceed 5.25%.

(e)

Payment Dates.

Interest shall be payable at fixed rates on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments annually thereafter, on dates acceptable to the Designated Representative.

(f)

Final Maturity.

The Bonds shall mature no later than the date that is 21 years after the Issue Date.

(g)

Redemption Rights.

(1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the County prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Agreement; or (B) not subject to redemption at the option of the County prior to its maturity date. If a Bond is subject to optional redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 10½ years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to

FG: 104668716.2

its maturity on the dates and in the amounts set forth in the Bond Purchase Agreement. (h)

Price.

The purchase price for the Bonds may not be less than 98% or more than 120% of the stated principal amount of the Bonds.

(j)

Credit Enhancement.

The Designated Representative may determine whether it is in the County’s best interest to provide for bond insurance and may accept such additional terms, conditions, and covenants and execute and deliver such agreements in connection therewith as the Designated Representative may determine are in the best interests of the County, consistent with this resolution.

FG: 104668716.2

EXHIBIT B FORM OF AMENDMENT TO INTERLOCAL AGREEMENT

FG: 104668716.2

CERTIFICATION I, the undersigned, Clerk of the Board of County Commissioners of Cowlitz County, Washington (the “County”), hereby certify as follows: 1. The attached copy of Resolution No. _____ (the “Resolution”) is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of County Commissioners (the “Board”) of the County held at the regular meeting place thereof on _______________, 2026, as that resolution appears on the minute book of the County; and the Resolution is now in full force and effect; and 2. An opportunity for public comment at or before the meeting was duly provided, a quorum of the members of the Board was present throughout the meeting, and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of __________, 2026.

Clerk of the Board of County Commissioners

FG: 104668716.2

AS-14690 Consent 15. BOCC Agenda Meeting Date: 03/03/2026 Rescinding Resolution 19-113 dated 10-29-2019 and Updating the Employee Recognition and Excellence in Service Policy Submitted For: Bailey Silva Submitted By: Bailey Silva Department: Commissioners Office Information Subject and Summary Statement Rescind Resolution 19-113 and Update Excellence in Service Policy Will Staff Attend - NAME OF STAFF Bailey Silva Department Recommendation Rescind Resolution 19-113 and Update Excellence in Service Policy

Attachments Resolution Rescinding 19-113 Policy Form Review Form Started By: Bailey Silva Final Approval Date: 02/17/2026

Started On: 02/11/2026 11:57 AM

BEFORE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WA In the Ma er of Rescinding Resolu on 19-113 dated 10-29-2019 and Upda ng The Employee Recogni on and Excellence in Service Policy

) ) ) )

Resolu on No. ____________

WHEREAS, the Board of Commissioners of Cowlitz County, Washington recognizes the need to rescind Resolu on No. 19-113 and update the policy rela ng to the same; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners that Resolu on No 19-113 be rescinded and an updated Employee Recogni on and Excellence in Service be adopted and immediately in eﬀect upon adop on as set forth below: EFFECTIVE this 24th day of February, 2026. BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON __________________________________ Richard R. Dahl, Chair A est: __________________________________ Clerk of the Board

__________________________________ Steve Rader, Commissioner __________________________________ Steve Ferrell, Commissioners

Cowlitz County Policy Human Resources – Employee Recognition Policy

Policy #3.13 Department: Board of Commissioners Reviewer: Commissioners Review Date: December 31, 2027

3.13 EMPLOYEE RECOGNITION POLICY 3.13.1 Policy A. Cowlitz County recognizes that its strength lies in the dedication, innovation, and professionalism of its workforce. To celebrate and retain high-performing employees, the Board of County Commissions (BOCC) supports a structured employee recognition program through Service Milestone Recognition, annual Cowlitz County Impact Awards and an Outstanding Professional Achievement Award. B. Cowlitz County has chosen to recognize its full-time employees who have been employed by the County in five-year intervals and to honor all retiring personnel. C. Cowlitz County Impact Awards are issued yearly to honor and recognize individual County employees, excluding elected officials, who demonstrated outstanding service and true excellence in their job performance. D. Cowlitz County recognizes that Safety Award Programs will promote exceptional safety practices by county employees and will encourage safety and efficiency.

3.13.2 Procedures 3.13.2.1 Employee Recognition Fund A. There is currently an established budgetary fund entitled Employee Recognition Funds for recognition and award expenditures. This fund covers the cost of awards, events, and milestone recognition items. B. Human Resources will purchase service milestone recognition items.

3.13.2.2 Service Milestone Recognition A. Each January, Human Resources will provide a list of employees to be recognized to all Elected Officials and Department Heads. B. Using a tiered system in five-year blocks, all employees will receive a recognition item as follows: a. 5 to 10 years - first tier Service Milestone Recognition item b. 15 to 25 years - second tier Service Milestone Recognition item c. 30 years and over - third tier Service Milestone Recognition item. Recognition of Service items will vary from year to year to avoid duplication of items and to continually modernize the program.

3.13.2.3 Employee Recognition Events A. An Annual Employee Appreciation Event will be hosted by the Board of County Commissioners and Human Resources Department to recognize all county employees.

3.13.2.4 Cowlitz County Impact Awards A. Five Cowlitz County Impact Awards will be presented annually, with an employee recognized in each one of the following categories: a. Outstanding Job Performance and Professionalism b. Innovation and Improvement c. Going Above and Beyond d. Collaboration and Teamwork e. Morale Booster and Culture Champion B. These awards are intended for employees excluding managers, directors, or elected officials.

Cowlitz County Board of Commissioners 207 North 4th Avenue Kelso, WA 98626

Policy # 3.13 Last review date: 02/24/2026 Resolution #

Cowlitz County Policy

C. Each award-winning receipt will receive one Tier 2 Award item, an engraved plaque D. All award nominees will receive a framed Nomination Certificate. E. Call for Nominations 1. The Board of County Commissioners Office will send a Call for Nominations each year to all county employees. Completed nomination forms shall be sent to the nominee's Elected Official or Department Head for authorization before submittal to the Commissioner’s office. All nomination forms must be submitted to the Commissioners’ Office no later than 6 weeks after the Call for Nominations is issued. The Board of County Commissioners will make their final decision on who will receive the awards. F. Nomination submittal forms must be from an employee who: 2. Works in the same office or department as the nominee, or 3. Has regular day-to-day contact with the nominee, and 4. Has personally witnessed the excellence in service, or special act, performance, deed, or even the nominee provided, and 5. Has submitted a detailed, written account of the service, act, performance, deed, or event. G. Criteria to be considered for impact awards: 6. In order for an employee (excluding managers, directors, or elected official) to be chosen for a service award, their nomination must be based upon performance during the preceding twelve-month period a. Outstanding job performance and professionalism 1. Consistently performs job duties at a high level. Shows reliability, accountability, and a positive attitude. Treats coworkers and the public with respect and represents Cowlitz County in a professional manner. b. Innovation and improvement 1. Introduces new ideas, processes, or solutions that improve efficiency, reduce costs, enhance services, or solve problems. c. Going above and beyond 1. Willingly takes on extra responsibilities or assists others without being asked. Makes special efforts to ensure tasks are completed successfully, especially during busy or challenging times. d. Collaboration and teamwork 1. Works well with others across departments or teams. Shares knowledge, supports coworkers, and contributes to a positive and cooperative work environment. e. Morale booster or culture champion. 1. Promotes a positive workplace culture. Encourages others, supports employee engagement activities, and helps create an inclusive, respectful, and motivating work environment The Cowlitz County Impact award recognition of each nominee will be presented at a ceremony during a public meeting of the Board of County Commissioners.

3.13.2.6 The Outstanding Professional Achievement Award A. Throughout the year, the County Commissioners may acknowledge and recognize up to three employees, including managers, directors, or elected officials, whose work performance demonstrates outstanding professional achievement. This is a high-level honor for the employee’s accomplishment and personal dedication. B. An employee may be nominated by a peer, supervisor, or department head or elected official at any time during the year. Nominations will be considered by the Board of County Commissioners. If the Board chooses to recognize the employee for

Cowlitz County Board of Commissioners 207 North 4th Avenue Kelso, WA 98626

Policy # 3.11 Last review date: 2/24/2026 Resolution #

Cowlitz County Policy

Outstanding Professional Achievement, the employee will be provided with a recognition item and Certificate of Outstanding Professional Achievement at a Board of County Commissioners public meeting.

3.13.2.7 Retirement A. A budgetary fund entitled Employee Retirement Awards shall be established and all retirement award expenditures shall be disbursed through the Board of County Commissioner’s Office. B. Elected Officials and Department Heads may notify the Commissioner’s Office of an employee’s scheduled retirement. C. Retiring employees may receive a letter from the Board acknowledging their service to the County. D. Retirement Awards will be disbursed as follows: a. 10 through 19 years of service - one wooden retirement plaque b. 20 years or more years of service - one piece of engraved historic marble from the County Administration Building. c. Retiring Elected Officials and Department Heads - one piece of engraved historic marble from the Administration Building. (Recognition - Res. 01-097, 6-4-01; Res. 03-063, 5-6-03; Res. 08-028, 3-4-08, Res. 09-209, 12-22-09 (Excellence in Service - Res. 08-026, 3-4-08; Res. No. 09-210, 12-22-09; Res. No. 11-063, 6-21-11; Res. No. 12-126, 9 25 12; Res 18053, 6-26-18; Res 19-113, 10-29-19)

Cowlitz County Board of Commissioners 207 North 4th Avenue Kelso, WA 98626

Policy # 3.11 Last review date: 2/24/2026 Resolution #

AS-14707 Consent 16. a. BOCC Agenda Meeting Date: 03/03/2026 Federal Energy Regulatory Commission (FERC) Notice dated 02/19/2026 regarding Version 8.0 of PacifiCorps's Owner's Dam Safety Program (ODSP) Submitted For: Pervie Nancy Reed Submitted By: Pervie Nancy Reed Department: Commissioners Office Information Subject and Summary Statement Federal Energy Regulatory Commission (FERC) Notice dated 02/19/2026 regarding Version 8.0 of PacifiCorps's Owner's Dam Safety Program (ODSP) Will Staff Attend - NAME OF STAFF Department Recommendation Attachments FERC Form Review Form Started By: Pervie Nancy Reed Final Approval Date: 02/19/2026

Started On: 02/19/2026 07:45 AM

AS-14715 BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 Appointing Ryan Sullivan to the Public Facilities District Board. Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

16. b.

Information Subject and Summary Statement Letter dated 3/3/2026 to Ryan Sullivan appointing him to the Public Facilities District Board. This is a 4-year term that expires February 28, 2030. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/24/2026

Started On: 02/24/2026 08:00 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

March 3, 2026 Ryan Sullivan Dear Mr. Sullivan , The Cowlitz County Board of Commissioners is pleased to appoint you to the Public Facilities District Board for a 4-year term, expiring on February 28, 2030. We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Public Facilities District Board meets the 3rd Wednesday of the month at 3:00 p.m. at the Cowlitz Regional Conference Center. If you have any questions, please don't hesitate to contact us at 360-577-3020. Please also return a signed copy of the Code of Ethics and the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. Additionally, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020. Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Event Center

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14716 BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 Appointing Steve Jewell to the Rodeo Board. Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

16. c.

Information Subject and Summary Statement Letter dated 3/3/2026 to Steve Jewell appointing him to the Rodeo Board. This is a 4-year term that expires October 31, 2029. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/24/2026

Started On: 02/24/2026 08:03 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

March 3, 2026 Mr. Steve Jewell Dear Mr. Jewell , The Cowlitz County Board of Commissioners is pleased to appoint you to the Rodeo Board for a 4-year term, expiring on October 31, 2029. We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Rodeo Board meets the last Tuesday of the month at 6:00 p.m. at the Cowlitz Regional Conference Center, 1900 7th Ave., Longview. If you have any questions, please don't hesitate to contact us at 360-577-3020. Please also return a signed copy of the Code of Ethics and the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. Additionally, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020. Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Event Center

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14717 BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 Reappointing Mike Karnofski to the Parks & Recreation Board Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Consent

16. d.

Information Subject and Summary Statement Letter dated 3/3/2026 to Mike Karnofski reappointing him to the Parks & Recreation Advisory Board representing District 1. This is a 6-year term that expires December 31, 2031. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/24/2026

Started On: 02/24/2026 08:05 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

March 3, 2026 Mr. Mike Karnofski Dear Mr. Karnofski , The Cowlitz County Board of Commissioners is pleased to reappoint you to the Parks & Recreation Advisory Board representing District 1 for a 6-year term, expiring on December 31, 2031. We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. Please also the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. As a reminder, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020. Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Public Works

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14718 Consent BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 Reappointing Brian Magnuson to the Public Facilities District Board. Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

16. e.

Information Subject and Summary Statement Letter dated 3/3/2026 to Brian Magnuson reappointing him to the Public Facilities District Board. This is a 4-year term that expires February 28, 2030. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/24/2026

Started On: 02/24/2026 08:07 AM

Board of Cowlitz County Commissioners

RichardR.Dahl,Chairman District 3 Steve Rader,CommissionerDistrict1 StevenL. Ferrell,Commissioner District2 Kelly Grayson, Clerkofthe Board

March 3, 2026 Mr. Magnuson Dear Mr. Magnuson , The Cowlitz County Board of Commissioners is pleased to reappoint you to the Public Facilities District Board for a 4-year term, expiring on February 28, 2030. We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. Please also the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. As a reminder, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020. Sincerely, Board of County Commissioners of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner ____________________________________ Steven L. Ferrell, Commissioner cc:

Commissioner’s Record Event Center

Cowlitz County Board of Commissioners 207 North 4th Avenue cowlitz@cowlitzwa.gov Kelso, WA 98626

(360)577-3020 Fax (360) 423-9987 www.co.cowlitz.wa.us

AS-14728 Consent 16. f. BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 to Rep Marie Gluesenkamp Perez regarding supporting 911 Public Authority expansion Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office Information Subject and Summary Statement Letter dated 3/3/2026 to Representative Marie Gluesenkamp Perez supporting grant funding for Cowlitz 911 Public Authority expanding its First Responder Radio Communications Network. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/26/2026

Started On: 02/26/2026 08:08 AM

Board of Cowlitz County Commissioners

Commissioners Steve Rader, Commissioner District 1 Steven L. Ferrell, Commissioner District 2 Richard R. Dahl, Commissioner District 3 Kelly Grayson, Clerk of the Board

March 3, 2026 Representative Marie Gluesenkamp Perez United States Senate Washington, DC Dear Representative Gluesenkamp Perez, We are writing to express strong support for grant funding to the Cowlitz 911 Public Authority to expand its first responder radio communications network throughout Cowlitz County. Over the past several years, Cowlitz County has experienced urban and suburban growth in areas that were once sparsely developed. This rapid expansion has placed increased demands on public safety services while also exposing gaps in radio coverage that are critical for effective emergency response. Reliable, countywide radio communications are essential to ensure the safety of first responders and the public they serve. The proposed expansion of the Cowlitz 911 Public Authority radio network will directly address these coverage challenges by improving signal reliability in newly developed and expanding areas of the county. Enhanced radio infrastructure will allow law enforcement, fire, emergency medical services, and other public safety partners to communicate clearly and consistently, particularly during emergencies where seconds matter. Investing in this project will strengthen regional interoperability, improve responder coordination, and enhance overall emergency response capabilities. Most importantly, it will help ensure that residents and visitors in growing parts of Cowlitz County receive the same level of public safety protection as those in long-established areas. We appreciate your continued leadership and advocacy for public safety and emergency communications. We respectfully urge your support for grant funding that will enable the Cowlitz 911 Public Authority to move forward with this critical radio network expansion. This investment will have lasting benefits for first responders, local governments, and the communities they serve. Thank you for your time and consideration. Please feel free to contact us if additional information would be helpful. Sincerely, Board of County Commissioners Of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner District 1

cc: Commissioner’s Record Cowlitz 911 Cowlitz County Board of Commissioners 207 North 4th Avenue Kelso, WA 98626

____________________________________ Steven L. Ferrell, Commissioner District 2

(360)577-3020 cowlitz@cowlitzwa.gov www.co.cowlitz.wa.us

AS-14729 Consent BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 Cowlitz PUD I-5 Corridor Electric Distribution Capacity Upgrades Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

16. g.

Information Subject and Summary Statement Letter dated 3/3/2026 to Gary Huhta, General Manager, Public Utility District No. 1 regarding support for the I-5 Corridor Electric Distribution Capacity Upgrades. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/26/2026

Started On: 02/26/2026 08:25 AM

Board of Cowlitz County Commissioners

Commissioners Steve Rader, Commissioner District 1 Steven L. Ferrell, Commissioner District 2 Richard R. Dahl, Commissioner District 3 Kelly Grayson, Clerk of the Board

March 3, 2026 Gary Huhta, General Manager Public Utility District No. 1 of Cowlitz County PO Box 3007 Longview, WA 98632 RE: Cowlitz PUD I-5 Corridor Electric Distribution Capacity Upgrades The Cowlitz County Board of Commissioners expresses its support for Cowlitz Public Utility District’s FY 2027 federal appropriations request for the I-5 Corridor Electric Distribution Capacity Upgrades Project. The proposed electrical infrastructure upgrade is a fundamental catalyst for economic development in the underserved northern segment of the I-5 corridor in Cowlitz County. Future commercial, residential and light industrial uses that provide jobs and support affordable housing opportunities can be realized through this expansion of electrical capacity. Federal and other outside assistance are necessary components of the funding package to reduce the financial impact of the upgrades on PUD ratepayers, and prevent smaller-scale commercial and residential developers from bearing the full burden of a multi-million dollar infrastructure investment. The Board of Commissioners appreciates the PUD’s efforts to promote economic development, enable enhanced services for north County residents and I-5 travelers, and build infrastructure that supports transportation electrification. We are pleased to support your federal funding request and encourage our delegation to do the same. Sincerely, Board of County Commissioners Of Cowlitz County, Washington ____________________________________ Richard R. Dahl, Chairman ____________________________________ Steve Rader, Commissioner District 1

cc: Commissioner’s Record

Cowlitz County Board of Commissioners 207 North 4th Avenue Kelso, WA 98626

____________________________________ Steven L. Ferrell, Commissioner District 2

(360)577-3020 cowlitz@cowlitzwa.gov www.co.cowlitz.wa.us

AS-14730 Consent BOCC Agenda Meeting Date: 03/03/2026 Letter dated 3/3/26 for Washington Counties Risk Pool Support Senate Bill 6239 Tort Claims Submitted For: Kelly Grayson, Clerk of the Board Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

16. h.

Information Subject and Summary Statement Letter dated 3/3/26 for Washington Counties Risk Pool (WCRP) supporting the Senate Bill 6239 to create a claims commission for certain tort claims against the state, including counties. Will Staff Attend - NAME OF STAFF Department Recommendation Attachments Letter Form Review Form Started By: Kelly Grayson Final Approval Date: 02/26/2026

Started On: 02/26/2026 08:28 AM

March 3, 2026 Dear Editor, As county commissioners representing communities across Washington state, we write in strong support of Senate Bill 6239 and its aim to create a claims commission within the office of administrative hearings for certain tort claims against the state and its subdivisions, including counties. The bill rightly recognizes that our courts are overburdened, with growing caseloads and rising litigation costs draining public resources that could otherwise fund essential services like roads, public safety, mental health programs, and support for vulnerable residents. We applaud the legislation's intent to provide faster, less adversarial paths to resolution in claims against governmental entities. The claims commission can deliver justice more efficiently by resolving disputes quicker, reducing legal fees for all parties, and allowing injured individuals to receive compensation sooner rather than after years of protracted court battles. By easing the strain on our judicial system, judges and court staff will be able to focus on the most complex cases and pressing matters that truly require full trial proceedings. While this legislation is a great first step and we strongly support SB 6239, we urge the House of Representatives to allow a broader set of claims facing our counties to be heard before the claims commission. Washingtonians deserve a civil justice system that is both fair and fiscally responsible. SB 6239 takes an important step in that direction. We respectfully call on the House of Representatives to pass this bill creating a claims commission and broaden the scope of the commission to hear all claims against counties. Our communities—and the people we serve—will benefit from a system that prioritizes timely justice, cost efficiency, and accountability. Sincerely, Richard R. Dahl, Cowlitz County Commissioner Chairman Steve Rader, Cowlitz County Commissioner District 1 Steven L. Ferrell, Cowlitz County Commissioner District 2

AS-14720 16. i. BOCC Agenda Meeting Date: 03/03/2026 EASEMENT - Perpetual Road and Utility Easement - Sweet Birch Storm Sewer Repair - Project No. 2175 Ellis Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a recorded Road and Utility Easement for Right of Way Purposes from Ryan and Shantina Ellis for the Sweet Birch Storm Sewer Repair project. The document was signed by the property owner on February 3, 2026, accepted by the Chair of the Board of County Commissioners on February 10, 2026, and recorded at the Auditor's Office on February 10, 2026 under Auditor’s File Number 3784959. Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Road and Utility Easement for Right of Way Purposes from Ryan and Shantina Ellis for the Sweet Birch Storm Sewer Repair project, for the Commissioner's Record.

Attachments Easement Form Review Inbox Susan Eugenis Emilie Cochrane Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis Emilie Cochrane Susan Eugenis

Date 02/24/2026 01:39 PM 02/24/2026 02:47 PM 02/24/2026 05:06 PM Started On: 02/24/2026 12:28 PM

AS-14721 16. j. BOCC Agenda Meeting Date: 03/03/2026 EASEMENT- Water and Utility Easement - Shadow Mountain Water Reservoir - Project No. 2953 - Carol Ross Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a recorded Perpetual Water and Utility Easement for Right of Way Purposes from Carol Ross for the Shadow Mountain Water Reservoir project. The document was signed by the property owner on February 2, 2026, accepted by the Chair of the Board of County Commissioners on February 10, 2026, and recorded at the Auditor's Office on February 19, 2026 under Auditor’s File Number 3784960.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Perpetual Water and Utility Easement for Right of Way Purposes from Carol Ross for the Shadow Mountain Water Reservoir project for the Commissioner's Record.

Attachments Easement Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis

Date 02/24/2026 05:08 PM Started On: 02/24/2026 12:51 PM

AS-14722 16. k. BOCC Agenda Meeting Date: 03/03/2026 WARRANTY DEED - Shadow Mountain Water Reservoir - Project No. 2953 - Carol Ross Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is a Warranty Deed for Right of Way Purposes for the Shadow Mountain Water Reservoir project. The subject property is parcel EF1903003 and owned by Carol Ross. This document was signed on February 2, 2026, accepted by the Chairman of the Board of County Commissioners on February 10, 2026, and recorded at the Cowlitz County Auditor’s Office on February 19, 2026, under Auditor’s File Number 3784961. Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board acknowledge the Warranty Deed from Carol Ross for the Shadow Mountain Water Reservoir project for the Commissioners record.

Attachments Warranty Deed Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis

Date 02/24/2026 05:11 PM Started On: 02/24/2026 01:32 PM

AS-14719 17. BOCC Agenda Meeting Date: 03/03/2026 APPROVAL OF EXPENDITURES – Drainage Improvement District No. 1 – December 2025 Vouchers Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement On February 5, 2026, the Supervisor for Drainage Improvement District No. 1 ratified payments of the expenses incurred in December 2025 for $8,496.53. Attached is the Voucher Ratification outlining said expenses. These expenses are included in the 2025 Budget.

Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation Drainage Improvement District No. 1 recommends approval of the December 2025 ratification of the vouchers in the total amount of $8,496.53. APPROVED this 3rd day of March 2026. BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ___________________________________ Richard R. Dahl, Chairperson ___________________________________ Steve Rader, Commissioner ___________________________________ Steven L. Ferrell, Commissioner Attest:_______________________________ Kelly Grayson, Clerk of the Board

Fiscal Impact Expenditure Required $: 8,496.53 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : DRAIN1 Grant Y-N: N

Grant Y-N:

N Attachments

Voucher Ratification Form Review Inbox Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Susan Eugenis

Date 02/24/2026 01:39 PM Started On: 02/24/2026 12:12 PM

AS-14714 Motion Items BOCC Agenda Meeting Date: 03/03/2026 Request for Final Plat Signature - KT West Rural Subdivision Case No. 2570.01 Submitted For: Sahara Couey Submitted By: Sahara Couey Department: Building & Planning

18.

Information Subject and Summary Statement Request for Board of County Commissioners' signature on the final plat for KT West Rural Subdivision. All applicable code requirements and conditions of approval have been met and the final plat is ready for signature and recording. Will Staff Attend - NAME OF STAFF Sahara Couey, Senior Planner Adam Trimble, Planning Manager Department Recommendation All applicable conditions of approval and code requirements have been met. Staff recommends approval for signature and recording.

Attachments KT West Rural Subdivision Preliminary Approval Form Review Inbox Reviewed By Traci Jackson Traci Jackson Form Started By: Sahara Couey

Date 02/23/2026 04:53 PM Started On: 02/23/2026 04:13 PM

AS-14474 Consent 17. BOCC Agenda Meeting Date: 11/04/2025 Closed Record Public Hearing Rural Subdivsion Paine Road Submitted For: Traci Jackson Submitted By: Kelly Grayson, Clerk of the Board Department: Building & Planning Information Subject and Summary Statement PUBLIC HEARING FOR NOVEMBER 4, 2025, 9:30 AM TO CONSIDER: PRELIMINARY RURAL SUBDIVISION PLAT APPROVAL RECOMMENDATION, KT WEST SUBDIVISION, PAINE RD. At the October 15th regular meeting, the Planning Commission held a public hearing on a 5 lot preliminary plat application for a development titled KT West Subdivision, located on Paine Road, Castle Rock, in the vicinity of the North Fork of the Toutle River. After The applicant, Chilton Development Services, has applied for a subdivision of approximately 4.04 acres into two lots. The property was previously part of a four-lot short subdivision (CC 24-42, AFN 3770921), bringing the total number of lots to five. As a result, the proposal is subject to review under Cowlitz County Rural Subdivision standards. The subject parcel is known as Lot 2 of said short subdivision. Current and proposed lots will be served by individual on-site septic systems and an existing Group B water system. Access is proposed from individual and shared driveways from Paine Road, a public road. After hearing a staff report and public testimony the Planning Commission voted unanimously to recommend the Board of County Commissioners approve the preliminary plat subject to conditions of approval. The Board of County Commissioners shall consider the recommendation of the Planning Commission as a closed-record, quasi-judicial decision. Will Staff Attend - NAME OF STAFF Sahara Couey, Senior Planner Adam Trimble, Planning Manager Traci Jackson, Director Building and Planning Department Recommendation 11/4/2025 Approved:_____________________ BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON ____________________________ Richard R. Dahl, Chairman ____________________________ Steve Rader, Commissioner ___________________________ Steven L. Ferrell, Commissioner Attest:______________________ Clerk of the Board

Attachments Planning Commisison Meeting Minutes 10-15-25 Plat Map Staff Report, attachments Form Review Form Started By: Kelly Grayson Final Approval Date: 11/03/2025

Started On: 11/03/2025 10:36 AM

Cowlitz County Planning Commission Commissioner Erica Rodman, District 1 Commissioner Tim Shay, District 1 Commissioner Rayleen Aguirre, District 2 Commissioner Harold Palmer, District 2 Commissioner Mark Smith, District 3 Commissioner Charles P. Hall, District 3 Commissioner William Cedergren, At-Large

Regular Meeting Minutes Wednesday, October 15, 2025 - 5:30 p.m. Commissioners Hearing Room, 207 4th Avenue North, Kelso, 3rd Floor and Zoom

Chair Smith called the meeting to order at 5:30 p.m. 1. Roll Call Present: Commissioner Aguirre, Commissioner Cedergren, Commissioner Hall, Commissioner Palmer, Commissioner Smith Absent/Excused: Commissioner Rodman, Commissioner Shay Staff Present: Planning Manager Adam Trimble, Senior Planner Sahara Couey 2. Approval of Minutes The Commission unanimously approved the minutes from August 20, 2025. 3. Public Hearing: Preliminary Subdivision Approval Ms. Couey gave a presentation on the proposed Rural Subdivision at 1012 Paine Rd in Castle Rock which included evidence of the public notice that was provided regarding the project and the public hearing. Chair Smith asked for clarification on the location of the project along the Toutle River and about the Class B water system to be utilized by the proposed properties, and for more information on the basis for the determination of non-significance with the SEPA review. Ms. Couey responded with further information. Mr. Wayne Nelsen provided testimony on behalf of KT West, owner of the subject properties. Mr. Nelsen presented the commissioners with more background information on the subdivision project, and the process taken to explore the viability of the proposed properties for development with respect to the critical areas present. Mr. Nelsen responded to questions from the commissioners regarding the intent for single-family residences to be built on each of the proposed five lots, and the 100-foot riparian zone buffer established on the recorded short plat which will be carried over to the subdivision. At 5:50 p.m. Chair Smith opened the meeting for public comment. No comments were provided. The public hearing portion of the meeting was closed. Motion: Chair Smith moved to adopt the findings and conditions of the staff report and recommend the Board of County Commissioners approve Case No. 2570.01 Preliminary Rural Subdivision, KT West Subdivision at 1012 Paine Rd, Castle Rock. Action: The motion was approved 5-0. The motion carried.

4. Comprehensive Plan Update Workshop (no action) Mr. Trimble provided information on the Critical Areas Ordinance update, and the grant funding in place to secure a consultant who will facilitate completion of the update by June 2026. Three hearings are scheduled with the Planning Commission in January, March, and April 2026 to review the ordinance as it is being formulated and to work with the consultant and the Planning Department to get a recommendation for the Board of Commissioners. Mr. Trimble and Ms. Couey provided updates regarding the consideration of port activities with respect to the Comprehensive Plan update and the elements of the plan that should be considered in relation to the ports. Chair Smith suggested addressing the issue of sediment management from Mt. St. Helens within the Comprehensive Plan and with the Critical Areas Ordinance. Ms. Couey related a request by the ports for more flexibility in the Comprehensive Plan related to port-specific goals and policies and to allow for various future port operations including mixed uses and potential recreation and tourism opportunities. At 6:07 p.m. Chair Smith opened the meeting for public comments. One citizen, Neil Crawford of Kelso, made comments and expressed his concerns regarding an ongoing development project along Spirit Lake Hwy in Castle Rock. 5. Adjournment Chair Smith adjourned the meeting at 6:30 p.m. Next Regular Meeting: November 19, 2025 - 5:30 p.m.

Terri Pierson, Planning Commission Secretary

PLANNING STAFF REPORT TO:

Cowlitz County Planning Commission

Public Hearing Date: October 15, 2025

REVIEWED BY: Adam Trimble, Planning Manager__________________ FROM: Sahara Couey, Senior Community Planner

AGENDA ITEM NO.: 2

RE:

REPORT DATE:

Case No. 2570.01 - Preliminary Rural Subdivision KT West Subdivision

October 2, 2025

Quasi-Judicial Open Record Public Hearing Public Hearing Objective:

Inquire into the public use and interest proposed to be served by the rural subdivision

Determine if the proposal is in conformance with Cowlitz County codes and consistent with the Comprehensive Plan

Property Owner:

KT West LLC

Applicant:

Chilton Development Services

Project Abstract:

The applicant, Chilton Development Services, has applied for a subdivision of approximately 4.04 acres into two lots. The property was previously part of a four-lot short subdivision (CC 24-42, AFN 3770921), bringing the total number of lots to five. As a result, the proposal is subject to review under Cowlitz County Rural Subdivision standards. The subject parcel is known as Lot 2 of said short subdivision. Current and proposed lots will be served by individual on-site septic systems and an existing Group B water system. Access is proposed from individual and shared driveways from Paine Road, a public road.

Location:

1012 Paine Rd (WG2803007), within the NE ¼ SE ¼ of Section 38, Township 10 North, Range 1 West, Willamette Meridian, approximately 4.2 miles northeast of the City of Castle Rock.

Acreage:

4.04 acres

Existing Zoning

Unzoned (UZ)

Existing Land Use:

Undeveloped Rural Residential

Surrounding Land Uses:

North: Rural Residential, Undeveloped Forest lands East: Rural Residential, Undeveloped Forest lands South: Rural Residential, Undeveloped Forest lands West: Rural Residential, Undeveloped Forest lands

Comprehensive Plan:

Rural

Recommendation:

Approval of Case No. 2570.01, based on the findings and subject to the conclusions of approval stated in the planning staff report.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 2

A. APPLICATION PROCESSING & PUBLIC NOTICE The subject application is processed as a preliminary rural subdivision plat, pursuant to Cowlitz County Rural Subdivision Code CCC 18.50. The request for preliminary plat is heard as a quasi-judicial matter at an openrecord public hearing in front of the Planning Commission. The Commission shall consider all relevant evidence and determine the conformance of the proposed subdivision to the general purposes of this title, the comprehensive plan, zoning standards, specifications and policies of the County, and to inquire into the public use and interest proposed to be served by the subdivision and/or dedication. The Commission may continue any hearing until the limits allowed by law (CCC18.50.120). Within 14 calendar days of a decision by the Planning Commission, the Commission will forward its written report, findings of fact and recommendations to the Board of Commissioners. The Board holds a closed-record public hearing to approve, approve with conditions, or deny the application. Per CCC 18.50.120, public notice is required pursuant to CCC 18.32.500-530 and RCW 58.17.90. Notice of the proposal will be advertised in the Daily News on/or before October 4, 2025. Written notice to individual property owners within 300 feet of the subject property will be provided on or before October 4, 2025. The Department posted notice of the application in conspicuous locations on and near the subject property on or before October 4, 2024. Each of the notices contained a description of the nature of the request and the time, date, place, and location of the Planning Commission public hearing. The record of landowners that received written notice is on file with the Department of Building and Planning. B. APPLICABLE COUNTY PLANNING CODES a. Land Use & Development Code CCC 18.10 b. Rural Subdivision Code CCC 18.50 c. Critical Areas Ordinance CCC 19.15 d. Environmental Policy CCC 19.11 e. Historic Preservation CCC 18.80 f. Cowlitz County Comprehensive Plan C. BACKGROUND AND PROJECT PROPOSAL a. Background. The subject property consists of one (1) tax lot totaling approximately 4.04 acres. Previously created through a short subdivision of approximately 11.43 acres into four (4) lots, recorded on June 3,2025, under AFN 3770321. The subject parcel is identified as Lot 2 of said short subdivision. The site contains the existing Group B well but is otherwise vacant and intended preparation of the site is for future residential development. Lot 1 of CC 24-42 contains an existing single-family residence, outbuildings, and on-site septic. b. Project Proposal. The applicant proposes the creation of one (1) additional lot from the subject property. This would increase the total number of lots within the original short subdivision from four (4) to five (5), triggering review under the Cowlitz County Rural Subdivision standards. Current and proposed lots will be served by individual on-site septic systems and an existing Group B water system. Access is proposed from individual and shared driveways from Paine Road, a public road. The newly proposed lot will be served by a shared driveway with Lot 2, while Lots 1, 3, and 4 of CC 24-42 will continue to be accessed by individual driveways. D. CRITICAL AREAS AND ENVIRONMENTAL POLICY The Growth Management Act requires Cowlitz County to designate critical areas and adopt development regulations to assure the conservation of such areas. In compliance with this mandate, the County finds that certain portions of the County have been identified with critical areas. These areas include: wetlands, aquifer recharge areas, geologically hazardous areas, fish and wildlife habitat, and frequently flooded areas. Critical area identification and development standards can be found in CCC 19.15. 1. Slope Stability

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 3

The site is generally flat with a gentle slope from east to west toward Paine Road, according to the County’s critical areas maps and site visits, the project site is stable. 2. Stream and Riparian Habitat Areas Two fish-bearing streams converge south of the subject property within Lots 3 and 4 of CC 24-42, crossing the subject property along the western boundary and ultimately flowing into a tributary of Stankey Creek. Stankey Creek then flows into the North Fork of the Toutle River, approximately 1.5 miles north of the subject property. A third fish-bearing stream is located along the northern property line of Lot 1 of CC 24-42, converging offsite. The associated riparian habitat area (RHA) extends 100 feet as measured from either side of the ordinary high-water mark (OHWM) of the streams in accordance with CCC Table 19.15.130-B. Findings: No development is proposed within the identified streams or associated riparian habitat areas. Conclusions: A condition of approval will require the centerline of the streams together with the corresponding 100-foot RHA to be depicted on the final plat and include a note on the plat containing language requiring compliance with CCC 19.15.130 or as amended. 3. Priority Habitat Area The parcel is mapped as a Priority Habitat of Elk Wintering Range. Elk likely uses this area yearround,with higher concentrations during winter months. To minimize and mitigate impacts, potential options can include prohibiting fencing elk cannot cross and enhancing other elk habitat in the immediate area. Conclusions: A condition of approval will include a note on the plat containing language to minimize impacts from future development of the subject property. E. SHORELINE JURISDICTION All proposed developments in or adjacent to state shorelines must be consistent with he goals, policies, and regulations of the Shoreline Master Program (SMP) and the Shoreline Management Act (RCW 90.58) Findings: The subject parcel lies outside the jurisdictional area of the South Fork of the Toutle River. Conclusions: A shorelines development permit will not be required for the rural subdivision. F. HISTORICAL AND CULTURAL RESOURCES Cowlitz County is tasked with the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of Cowlitz County and preserve and rehabilitate eligible historic properties within Cowlitz County for future generations. These development standards can be found in CCC 18.80. Findings: The Washington States Department of Archaeology and Historic Preservation (DAHP) predictive model indicates areas of moderate to high risk of discovery. No comments have been provided by the DAHP regarding this project. Conclusions: A condition of approval will include a note on the plat containing the standard inadvertent discovery language the County utilizes for subdivisions. G. STATE ENVIRONMENTAL POLICY ACT (SEPA) A SEPA Determination of Non-Significance (DNS) was issued on September 11, 2025. The SEPA comment period ended September 25, 2025 (Exhibit D). Agency comments were received and are attached (Exhibit E). All SEPA comments have been address by this report and recommended conditions of approval. Compliance with the State Environmental Policy Act has been achieved.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 4

H. ZONING CLASSIFICATION The site is unzoned. Comprehensive Plan Designation is Rural. Findings: Unzoned areas of the county refer to the Comprehensive Plan to determine a minimum lot size. The Rural Comprehensive Plan Designation requires a 2-acre minimum lot size and a lot width of 100-feet measured from the building line. All other dimensional requirements can be found in Table 18.10.501. Table 18.10.501 Minimum Zone District Standards

Conclusion: All proposed lots will meet the minimum dimensional requirements found of the Comprehensive Plan and Table 10.10.501. All other dimensional requirements can be met as proposed. I. COMPREHENSIVE PLAN The Cowlitz County Comprehensive Plan currently designates the project area as Rural. Findings: The following goals are found in the Rural Comprehensive Plan Designation: Goal LU-10:

Preserve rural character while respecting the interests of property owners.

Goal LU-11:

Recognize agricultural and forest management activities as important economic activities in rural areas.

The policies of LU-10, applicable to the proposed project, include supporting and encouraging uses in rural areas which sustain and are compatible with rural character and level of available public services and encouraging economic development projects in rural areas. The policies of LU-11 applicable to the proposed project, include considering compatibility issues and seek to reduce conflict during development review for proposals adjacent to agriculture or timber management lands, and requiring all subdivision in rural areas within 500-feet of lands used for agriculture or forest practices to contain the following notice:

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 5

“The subject property is within or near agricultural land or forest land on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Commercial natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. (RCW 7.48.305).” Conclusions: The proposed rural subdivision will reflect the desired development in Rural land use areas. The proposed future residential development is consistent and compatible with the nearby and adjacent land uses. J. RURAL SUBDIVISION AND LAND USE ORDINANCE Rural Subdivision Regulations CCC 18.50 and the Cowlitz County Land Use Ordinance CCC 18.10 apply to the proposed development, as well as RCW 58.17. The rural subdivision must conform to the general purpose, standards, and requirements of the Comprehensive Plan, Zoning Code, environmental policy, and must consider physical characteristics of the subject property. Appropriate provisions must also be made for the public’s health, safety and general welfare, open spaces, traffic, safe roads, drainage, sewerage, and student access to schools, school grounds, and other public requirements. A. Rural Subdivision General Standards (CCC 18.50.070) 1. Lot Size: Lot Size. The minimum size of any lot within the proposed large lot subdivision shall be in conformance with the Cowlitz County Zoning Code, shall conform to the minimum lot size specified in the Zoning Code, or such larger size as specified by state health regulations. Findings: In unzoned areas of the county, the minimum lot size within a rural subdivision shall be either the recommended density set forth in and as designated by the County Comprehensive Plan for that area or such size as is required to meet state water and sewage disposal standards, whichever is greater Conclusions: The proposed lots meet the lot size and dimension requirements of the Comprehensive Plan. 2. Easements: Easements shall be provided where necessary for road, utility installation and maintenance, public access, drainage, and buffer strip or protective easements Findings: The preliminary plat indicates that all lots will access directly from Paine Road, a public road. Utility and drainage needs can be accommodated within the proposed lot configuration, and no offsite easements are required to serve the development. Conclusions: All necessary easements can be established by the final plat. No additional offsite easements are required. 3. Master Plan: A generalized plan for the entire ownership shall be required to show that the road pattern and general arrangement for the rural subdivision can be coordinated with the entire tract when fully developed. Topographic information may be required. Findings: The applicant has submitted a preliminary plat showing the division of the subject property, a general layout of home sites, and the proposed location of the shared driveway. Conclusions: Full development of the property into 5 lots has been shown. 4. Surveys: Findings: Surveys shall be required for all rural subdivisions. Conclusions: The final plat will be prepared and certified by a licensed land surveyor in compliance with county requirements.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 6

5. Access: Each lot within a rural subdivision shall be provided with satisfactory access by means of a public or private right-of-way connecting to an existing and developed public street, or by some other legally sufficient right-of-access, inseparable from the lot to be served. Findings: Lot access is proposed directly from Paine Road, a public road. Conclusions: As proposed, lot access meets this requirement. 6. Lot Width: The minimum lot width shall be as set forth in the County Zoning Code for those zoned portions of the county. All rural subdivisions locating in unzoned areas of the county shall be consistent with the lot widths recommended by the County Comprehensive Plan or required by health regulations, whichever is greater. Findings: The Comprehensive Plan Rural Classification requires a lot to have a minimum width of 100’ in unzoned areas. Conclusions: All proposed lots will meet this requirement. 7. Stormwater: Findings: The subject property is located within the Rural Stormwater Management Area and therefore subject to compliance with Chapter 16.20 CCC. More specifically, CCC 16.20.030 provides that the provisions of the chapter are applicable when the proposed development creates an additional 12,000 square feet or more of impervious area outside of the unincorporated urbanized area, and the additional impervious area is equal to 15 percent or more of the parcel or sum total of the parcels impacted area. Conclusions: Because no new impervious area is proposed, no additional requirements are applicable currently. Also, any additional clearing, grading and/or excavation that results in the disturbance of one or more acres may require coverage under the Construction Stormwater General Permit through the Washington State Department of Ecology (ECY). Additional information may be obtained from the ECY Southwest Regional Office. 8. Fire Code: All rural subdivision shall comply with the minimum requirements of the Washington State Uniform Fire Code, or such fire protection as adopted by the Board. Findings: The proposed subdivision is located within Fire District #3. Fire apparatus access roads shall be provided and maintained in accordance with locally adopted street, road, and access standards. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Fire Flow requirements for buildings or portions of buildings shall be established pursuant to International Fire Code Sec. 507.3, CCC Sec. 16.05.080. Conclusions: A plat note will be included requiring all lots to comply with the County Fire Codes, or as amended. 9. Difficult Development Land: Difficult development land shall not be subdivided unless the subdivider, within 90 calendar days following the original submission, provides acceptable plans for overcoming any harmful features. Reasonable conditions may be applied to rural subdivision approval to minimize harmful environmental conditions pertinent to the property. Findings: Difficult Development Land includes lands that are environmentally sensitive or unsuitable for subdivision due to the flooding, poor drainage, steep slopes, slide areas or potential slide areas, rock and soil foundations, or other features likely to be harmful to the safety and general health of the future residents and adjacent landowners.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 7

Conclusions: No part of the subject property has been classified as difficult development land. Critical Areas have been identified. Development within critical areas can be avoided. 10. Sewage Disposal: Where sanitary sewers are not available, each lot shall contain adequate area and proper soil and topographical drainage conditions to be served by an on-site sewage disposal system or shall be suitable for an alternative sanitary waste disposal system that meets state health regulations. Findings: The proposed lots meet the minimum lot size requirements for on-site septic systems. Conclusions: All lots will be required to provide a soils evaluation prior to final plat approval. The final plat shall show a primary and reserve drainage field for each lot. 11. Water Supply: Findings: The application indicates the lots will be provided with water from an existing Group B water system. The system was recently expanded from three (3) residential connections to a total of seven (7) residential connections. Conclusions: The applicant has provided a letter of water availability verifying that the Group B water system is approved for seven (7) residential connections, sufficient to serve the proposed subdivision. Therefore, the proposal demonstrates adequate provisions for water service. 12. Standards applicable to all rural subdivision private roads: Findings: Lot access is proposed directly from Paine Road, an existing public road. Conclusions: Because access is available from a public road, the standards applicable to private roads for rural subdivisions do not apply, and construction of a private road is not required. 13. Standards applicable to all rural subdivisions along public roads: Findings: Dedication of right-of-way and public road improvements shall be consistent with county or state roadway standards and specifications. Conclusions: No additional right-of-way is required for Paine Road. Any construction within Paine Road right-of-way shall require permitting through Public Works, and sight distance for any driveway access will need to be verified, where applicable. 14. Schools and School Buses: Findings: Although provisions of school services are not a requirement for rural subdivisions, students residing in the proposed subdivision will attend the Toutle Lake School District. Conclusions: The applicant is encouraged to coordinate with the district to determine school bus stop locations and ensure safe access for students. 15. Mail: Findings: While not a requirement of the rural subdivision, the U.S. Postal Service provides mail delivery only to locations on public roads. Conclusions: Any mailbox or centralized mailbox unit should be installed at a location approved by the U.S. Postal Service.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 8

16. Power, Telephone and Cable Services: Findings: Cowlitz County Public Utility District Number 1 provides power service to the area and multiple private companies provide telephone, cable, and internet services. Conclusions: Electric power facilities and easements are subject to Cowlitz County PUD standards, and the applicant should work with the PUD to determine facility design requirements. K. Washington Uniform Common Interest Ownership Act Notice “This project may be subject to the Washington Uniform Common Interest Ownership Act (WUCIOA) RCW 64.90. The applicant is responsible for compliance with provisions of the WUCIOA. The applicant should consult their attorney as to how WUCIOA may apply to this project.” L. CONCLUSION The proposed subdivision meets the criteria for approval of a preliminary subdivision. The proposed subdivision is consistent with the goals and policies of the Rural Comprehensive Plan designation, the intent and language of the Zoning Code, the Critical Areas Ordinance, and the Rural Subdivision Ordinance. Prior to any construction work commencing, the applicant should be required to obtain all necessary permits from The Cowlitz County Building and Planning Department, Cowlitz County Public Works Department, Washington State Department of Ecology, and any other agency with jurisdiction. M. RECOMMENDATION The recommendation provided by staff has been drafted using the following criteria (CCC 18.50.100): A. Whether it is in conformance with the general purposes, standards and requirements of the Cowlitz County Comprehensive Plan, Zoning Code, environmental policy code, and any other applicable laws and county policies; Conclusion: The proposed subdivision meets or have been conditioned to meet all standards and requirements, as discussed in Sections D-J of this report. B. Whether appropriate provisions have been met as required by the reviewing agencies; Conclusion: All review comments have been addressed as either project revisions or provided as conditions of approval. C. The physical characteristics of the rural subdivision site. The plat may be disapproved or conditioned because of difficult development land. Construction of protective improvements may be required as a condition of approval; Conclusion: All identified critical areas can be avoided. All critical areas and buffers shall be shown on the final plat. D. Whether appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 9

Conclusion: Appropriate provision have been made through project review or conditions of approval, for a rural subdivision as required by CCC 18.50 and RCW 58.17. E. Whether the public interest will be served by the subdivision and dedication (if applicable). Conclusion: No dedications have been required. F. Whether all standards for improvements as required by this chapter or as conditions for approval of the rural subdivision have been met. Conclusion: All standards of Chapter 18.50 can be met, or have been conditioned to be met, by the proposed subdivision and recommended conditions of approval. The Department recommends Approval of Case No. 2570.01, subject to the conditions of approval of this staff report, dated October 2, 2024, based on the findings and conclusions in Section D through I above. N. CONDITIONS OF APPROVAL 1. Development Compliance: The development shall comply with all applicable Rural Subdivision general standards set forth in the Cowlitz County Rural Subdivision Code CCC 18.50. 2. Subdivision Name, Lot Size: The plat shall be titled KT West Subdivision. Approval is limited to 5 lots. All lots shall comply with the dimensional standards outlined in the Cowlitz County Comprehensive Plan Rural Designation and the County Land-Use Code 18.10 and as shown on the preliminary plat. 3. Duration of Preliminary Approval: The preliminary approval shall be valid for a period of 5 years from the date of BOCC approval. 4. Lot Layout: For each Lot submitted for final plat approval, a building envelope shall be delineated on the final plat. No Lot shall be final platted that does not contain a building site which can accommodate a reasonably sized house, garage, building setbacks, driveway access, and parking. 5. Permit to Construct: Prior to any construction activities, an application shall be made to the Department of Building and Planning. For those facilities necessitating additional construction work, the application shall include five (5) copies of a complete set of engineered plans to include, as necessary: road and utility plans, a topographical map, grading and filling, drainage/stormwater facilities, erosion/sedimentation controls, prior to construction and any improvements made thereafter. No grading, excavation, or construction shall be conducted until all construction plans have been approved and grading permit(s) issued. All engineered plans shall be prepared and stamped by a licensed professional engineer registered in the State of Washington. Copies will be routed to the Department of Public Works, Building and Planning and the Fire Marshal. 6. Critical Areas: Any proposed development within the identified critical areas shall require a critical area permit. The critical areas together with applicable buffers described in the Findings shall be delineated and identified on the final plat together with the following notes: “RIPARIAN HABITAT AREA: All placement or construction of permanent structures, filling, excavation, grading, vegetation removal, dumping of solid wastes, clearing of conifer or deciduous vegetation, or any other development activity shall require compliance with CCC 19.15.130 as now exists or hereafter amended.” 7. Other Permits: Documentation of acquired permits or approvals shall be provided prior to the issuance of any construction or fill/grade permits for the subdivision. This includes any necessary permits from the Washington Department of Fish and Wildlife, Department of Ecology, or any other agency that has jurisdiction.

Rural Subdivision Case No. 2570.01 Cowlitz County Planning Commission

KT West Subdivision

October 2, 2025 Page 10

a. All lots within the proposed subdivision shall be in conformance with, and subject to, the conditions of approval specified in the Preliminary Short Plat Approval (CC 24-42), dated September 30, 2024, which is attached hereto as Exhibit C. 8. Sewage Disposal: Each lot within the rural subdivision shall demonstrate the capability to support, wholly within its boundaries, an on-site septic system and septic reserve area(s), exclusive of any easements. The evaluation of septic suitability must be completed by a wastewater designer or a professional engineer licensed in the State of Washington, and must meet the requirements of WAC 246272A and CCC 15.42 (or hereafter amended). 9. Utilities: All power and cable service lines shall be installed underground. Utility easements shall be provided as required by the standards and installation requirements of the purveyors. All utility easements and restrictions shall be shown on the face of the final plat. Power shall be installed as approved by the appropriate purveyor prior to final subdivision approval. Written verification and acceptance of the improvements shall be submitted with the final plat. 10. Covenant, Conditions, and Restrictions: Any covenants, conditions and restrictions (C, C&Rs) shall be submitted to the Cowlitz County Department of Building and Planning for review and subject to County approval prior to final subdivision plat. 11. Inadvertent Discovery Language: A note shall be added to the final plat containing the following Inadvertent Discovery Language: “In the event of the discovery of cultural and/or archeological artifacts within this subdivision, all development shall be halted and the land owner or designee shall immediately notify the concerned Tribes, Department of Archaeology and Historic Preservation and the Department of Building and Planning.” 12. Agriculture or Forest Land Uses: The following language shall be included on the final plat: “The subject property is within or near agricultural land or forest land on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Commercial natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. (RCW 7.48.305).” 13. Priority Habitat Area: The following language shall be included on the final plat: “This property is mapped as a Priority Habitat of Elk Wintering Range. Residents should consult with the Washington State Department of Fish and Wildlife (WDFW) for appropriate fence design and other habitat protection measures.” List of Exhibits: Exhibit A: Project Application Exhibit B: Preliminary Plat Exhibit C: Preliminary Short Subdivision Approval/Recorded Plat Exhibit D: SEPA Checklist Exhibit E: SEPA Comments

Department of Building & Planning 207 Fourth Avenue North #119 Kelso, WA 98626 TEL (360) 577-3052 FAX (360) 414-5550 www.co.cowlitz.wa.us/buildplan

Board of County Commissioners Arne Mortensen Dennis P. Weber Richard R. Dahl

District 1 District 2 District 3

September 30, 2024 Chilton Development Services 1760 Downriver Dr Woodland, WA 98674 RE: Preliminary Short Plat Approval 24-08-3512 - Short Subdivision; Case Number 2450.42 1020 Paine Rd, Castle Rock; Parcel# WG2803002 The Department of Building & Planning hereby grants preliminary approval of the above referenced short subdivision, subject to the Findings of Fact and Conditions of Approval contained herein. Preliminary approval expires two years from the date of this letter, except as provided by CCC 18.34.140. PLEASE NOTE (1) Approval of this short subdivision does not guarantee the issuance of any future permits. (2) Application for final short plat approval must be made within two years from the date of this letter. (3) No extensions will be granted to this short subdivision unless substantial progress has been made within the first two years and no additional notice of expiration will be provided. CHAPTER 18.34 CCC - SHORT SUBDIVISION The Cowlitz County Short Subdivision Code provides standards and procedures applicable to any division of land which will result in the creation of four or less lots, tracts, parcels, sites, or subdivisions, any one of which is less than five acres in area, for the purpose of sale, lease or transfer of ownership. PROJECT SUMMARY & LOCATION Chilton Development Services, authorized agent, has applied for a short subdivision of approximately 11.43 acres into four (4) lots as follows: Lot 1 – 4.70 acres, Lot 2 – 2.02 acres, Lot 3 – 2.03 acres, and Lot 4 – 2.03 acres. (See Exhibit A) The subject property contains an existing single-family residence, outbuildings, driveway, onsite septic system, and a Group B water system. The Group B water system will serve the proposed lots after expansion. The proposed lots will also be served by individual on-site septic systems. Lot access is proposed from Paine Road, a public road. The subject property (APN WG2803002) is located at 1020 Paine Road, Castle Rock, WA; Section 28, Township 10 North, Range 1 West, Willamette Meridian. FINDINGS OF FACT Zoning and Comprehensive Plan: The subject property is unzoned. Therefore, applicable development standards are per the guidelines of the Cowlitz County Comprehensive Plan (Comprehensive Plan). The Comprehensive Plan Land Use Category of the subject property is Rural, which provides for independent and private rural living without significant encroachment on lands used for commercial timber or agricultural

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

production. It also provides a buffer between higher intensity uses associated with urban and suburban areas and lower intensity uses in more remote areas. Public water and sewer services are generally not available, but privately owned community water services may exist. Fire protection is available, and the areas are served primarily by lower classification public roadways and private roads. The guideline is for lots to have a two-acre minimum lot size and minimum lot width of 100 feet. As proposed, the short subdivision is consistent with the goals and policies of the Comprehensive Plan and in conformance with the applicable guidelines. State Environmental Policy Act (SEPA): Two fish-bearing streams are located on the subject property and therefore subject to SEPA review. A Determination of Non-Significance (DNS) was issued for the proposed short subdivision on September 4, 2024, with a comment period ending September 18, 2024. (See Exhibit B) Agency and public comments were received and are addressed herein where applicable. Forest Practices: There is no record of forest practice activities or timber harvest occurring within the prior six-year period and therefore no six-year development moratorium is applicable. No additional action is required at this time. However, any future timber harvest may be subject to compliance with Chapter 17.20 CCC – Forest Practices. Environmentally Sensitive and Critical Areas: The Department of Building and Planning (Department) has conducted an environmental review of the subject property, including GIS data and site visit, and confirmed the presence of the following critical areas: Stream and Riparian Habitat Area: Fish-Bearing Streams Two Type F, fish-bearing streams are located within the western portion of the property. The associated Riparian Habitat Area (RHA) extends 100 feet as measured from either side of the ordinary high-water mark (OHWM) of the stream in accordance with CCC Table 19.15.130-B. A third fish bearing stream runs just offsite along the northern property line, with the 100’ Riparian Habitat Area extending onto the subject property. Any development activity within the RHA is subject to compliance with all applicable requirements of the Cowlitz County Critical Areas Protection Ordinance Chapter 19.15, and more specifically CCC 19.15.130.C. Therefore, the centerline of the Type F streams together with the corresponding 100-foot RHA shall be depicted on the final short plat together with the following note: RIPARIAN HABITAT AREA: All placement or construction of permanent structures, filling, excavation, grading, vegetation removal, dumping of solid wastes, clearing of conifer or deciduous vegetation, or any other development activity shall require compliance with CCC 19.15.130 as now exists or hereafter amended. Priority Habitat Area: Elk Wintering Range The parcel is mapped as a Priority Habitat of Elk Wintering Range. Elk likely use this area year-round, with higher concentrations during winter months. To minimize and mitigate impacts, potential options can include prohibiting fencing elk cannot cross and enhancing other elk habitat in the immediate area. Therefore, to minimize impacts from future development on the subject property, the following note shall be stated on the final short plat: PRIORITY HABITAT AREA: This property is mapped as a Priority Habitat of Elk Wintering Range. Residents should consult with the Washington State Department of Fish and Wildlife (WDFW) for appropriate fence design and other habitat protection measures.

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

Access: Lot 1 has existing access from Paine Road via an individual driveway. Access for Lot 2 & 3 is proposed from a new shared driveway and Lot 4 from a new individual driveway from Paine Road. By memorandum dated September 11, 2024, the Department of Public Works (DPW) has provided the following comments: • According to our records, there is insufficient right-of-way associated with those portions of Paine Road fronting the subject property. Therefore, the applicant will need to provide a 10-foot additional public road and utility easement for Paine Road. The applicant’s surveyors shall meet with the county surveyor to research all necessary right-of-way records in order to confirm the correct location and extent of existing and proposed public road right-of-way. •

Prior to any construction activity within county road right-of-way, the property owner must contact our office to apply for a permit to work within the county road right-of-way (i.e., driveway approaches, utility installations, etc..). Sight distance for any driveway access will need to be verified. An access easement may be required from an adjacent lot prior to approval for final plat for any access that does not meet sight distance requirements. (See Exhibit C)

Electrical Services: CCC 18.34.070 does not require the provision for primary electric backbone services to lots within short subdivisions. By letter dated September 4, 2024, Cowlitz PUD provided the following comments: •

District records indicate that Lot 1 of the proposed short subdivision is currently served by an overhead service from the existing overhead electrical facilities along Paine Road. Lots 2, 3, & 4 of the proposed short subdivision will likely be served by an underground cable extension from the existing overhead electrical facilities along Paine Road.

•

Easements for any power cable extensions, if required, will be obtained concurrent with facility installation. Please include utility rights with any public road right-of-way dedications. (See Exhibit D)

A note shall be required on the final short plat stating the following: The developer of this property has not been required to provide electric services for this subdivision. Fire Protection: The proposed short subdivision is located within Fire District #3. All future development within the subdivision is required to comply with the following provisions of the International Fire Code: •

International Fire Code Sec. 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with locally adopted street, road, and access standards.

•

International Fire Code Sec. 507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Fire Flow requirements for buildings 3

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

or portions of buildings shall be established pursuant to International Fire Code Sec. 507.3, CCC Sec. 16.05.080. •

Fire protection for existing structures consisting of defensible space, fire separation distance, access and fire protection water supply shall not be diminished. The fire resistance rating for exterior walls of existing structures and the determination of the fire area created by new and existing structures shall be established by the fire separation distance provided between structures and property lines pursuant to International Building Code Chapter 6 and International Residential Code Chapter 3.

Compliance with the applicable fire code requirements will be examined during the permit review process for any future structure(s) and the following note shall be stated on the final short plat: All future development shall conform to the provisions of the International Fire Code 507.3 and CCC 16.05.80 as now adopted or hereafter amended. Address Assignment: RCW 58.17.280 requires all lots within a short subdivision be addressed prior to final short plat approval and shall be assigned at the time of application for final short plat. All addresses shall be noted on the face of the final short plat prior to recording. Septic Suitability: Per CCC 18.34.070.A.4., each lot within the short subdivision not currently served by public sewer is required to demonstrate the suitability of on-site soils to accommodate on-site septic systems and drainfield reserve areas as follows: 1. On-Site Soil and Septic Evaluations. All evaluations shall be conducted by a wastewater designer or a professional engineer licensed in the state of Washington, and meet the requirements of Chapter 246-272A WAC and Chapter 15.42 CCC (or hereafter amended). 2. Soils Test Approval. All soil tests for new and existing lots, including all primary and reserve area dedications, shall be submitted to the Cowlitz County Environmental Health Unit for approval. 3. New Lots. Each new lot shall have an on-site septic and soils evaluation completed identifying a septic drainfield and reserve area. 4. Existing Lot(s). Existing septic systems shall be professionally evaluated by a wastewater designer or a professional engineer licensed in the state of Washington. All dedications of reserve areas shall include a soils test, and meet the requirements of Chapter 246-272A WAC and Chapter 15.42 CCC (or hereafter amended). i. Existing septic systems less than two years old shall be professionally evaluated. Evaluation shall include, at a minimum, observation/inspection of drain line laterals and septic tank. ii. Existing systems older than two years shall be professionally evaluated using one of the following methods:

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

(A) Evaluation of the septic system, including, at a minimum, observation/inspection of the drain line laterals, septic tank inspection, septic tank pumping, and identification of a reserve area, including the size and the potential system type. (B) An operations and maintenance inspection meeting the standards of CCC 15.42.160, including the identification of two reserve areas. The location of the proposed and existing septic drainfield(s) and drainfield reserve area(s) shall be identified on the final short plat together with the following note: DRAINFIELD RESTRICTION: No wells are permitted within 100 feet of septic drainfield and reserve drainfield areas. No construction, grading, filling, placement of buildings, driveways or parking areas shall be permitted within the drainfield and drainfield replacement areas, except as provided in Chapter 246-272 WAC (On-Site Sewage Systems). Locations of septic drainfield areas shown on this short plat can be moved with proper authorization from the Cowlitz County Environmental Health Unit. Water Supply: The application indicates the lots will be provided with water from an existing Group B water system. As such, and pursuant to CCC 18.34.070.A.5., each lot within the short subdivision shall be required to demonstrate sufficient availability of potable water by form of certificate of water availability issued by the Cowlitz County Environmental Health Unit (EHU) for each lot. Please note, by letter dated September 6, 2024, EHU encourages early review of the water system to verify if the system is currently approved by Environmental Health Services and if the system is currently large enough to accommodate all proposed connections. (See Exhibit E) All wells located on the subject property or on adjacent properties and within 100 feet shall be shown and identified together with a 100-foot radius Source Protection Area (SPA) on the final short plat. If the Source Protection Area(s) from wells on adjacent properties cannot be located or shown, all septic drainage fields shall be located a minimum of 100 feet from exterior property lines. Alternatively, the applicant may provide a signed affidavit by a qualified professional attesting that all proposed drainage fields are 100 feet away from wells located on adjacent properties. If individual wells are provided for domestic water supply, each lot with an individual well will be required to have its lot lines configured to provide a 100-foot radius SPA around the wellhead to fit wholly within the lot the well is located. Alternatively, and in the instance of shared well(s), easements shall be established on the final short plat for the SPA(s), or portions thereof, for all affected lots within the short subdivision. Also, copies of the shared well agreement, as applicable, will be required by EHU and shall be submitted to the Department together with application for final short plat approval, and the Auditor’s file number of any shared well agreement(s) shall be noted on the final short plat. The following note shall be stated on the final short plat: SOURCE PROTECTION AREA: Areas within the 100-foot radius SPA surrounding the wellhead must be kept free of any source of contamination. Examples of contaminants and potential contaminants include, but are not limited to: manure, sewage, hazardous waste, livestock barns and livestock feed lots, drainfields, chemical and petroleum storage areas, and pipelines used to convey materials with contamination potential. 5

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

Please be advised that if the withdrawal of ground water from a well(s) exceeds 5,000 gallons per day, the Department of Ecology will require a Water Right issued by the State of Washington. The applicant is encouraged to contact the Department of Ecology regarding potential Water Rights requirements. Stormwater: The subject property is located within the Rural Stormwater Management Area and therefore subject to compliance with Chapter 16.20 CCC. More specifically, CCC 16.20.030 provides that the provisions of the chapter are applicable when the proposed development creates an additional 12,000 square feet or more of impervious area outside of the unincorporated urbanized area, and the additional impervious area is equal to 15 percent or more of the parcel, or sum total of the parcels impacted, area. Because no new impervious area is proposed, no additional requirements are applicable at this time. However, if additional access improvements are necessary or required pursuant to the DPW memorandum referenced and incorporated herein, additional stormwater requirements may apply. Also, any additional clearing, grading and/or excavation that results in the disturbance of one or more acres may require coverage under the Construction Stormwater General Permit through the Washington State Department of Ecology (DOE). Additional information may be obtained from the DOE Southwest Regional Office. Archaeological and Cultural Preservation: No comments have been received and no information has been provided indicating the presence of archaeological or historic materials likely to be located on site. However, in the event any archaeological or historic materials are encountered during site activity, work must stop and the following actions should be taken: 1. Implement reasonable measures to protect the discovery site, including any appropriate stabilization or covering; and 2. Take reasonable steps to ensure the confidentiality of the discovery site; and 3. Take reasonable steps to restrict access to the site of discovery. Therefore, while no additional action is required at this time, the following note shall be stated on the final short plat: In the event of the discovery of cultural and/or archeological artifacts within this short subdivision, all development shall be halted and the landowner or designee shall immediately notify the concerned Tribes, Department of Archaeology and Historic Preservation, and the Department of Building and Planning. CONDITIONS OF APPROVAL The following Conditions of Approval must be met prior to final short plat approval. Section 1 identifies items that are addressed on the final short plat and Section 2 includes items that must be completed for final approval of the short subdivision. Once all conditions of approval are met, application for final short plat may be submitted. The application will be required to include a draft copy of the final short plat showing all items required in Section 1, as well as all necessary documentation for the items contained in Section 2. Section 1 – Final Short Plat Requirements 6

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

1. The final short plat shall be prepared by a professional land surveyor licensed in the State of Washington and in accordance with the requirements of CCC 18.34.150, and pursuant to Chapter 58.09 RCW and Chapter 332-130 WAC. 2. Each lot must be a minimum of two acres and minimum width of 100 feet. 3. Existing and proposed access and utility easements shall be shown on the final short plat. 4. All existing and proposed drainfields and drainfield reserve areas shall be identified on the final short plat. 5. All wells located on the subject property and/or within 100 feet from adjacent properties shall be shown and identified together with a 100-foot radius Source Protection Area (SPA) on the final short plat. If the source protection areas from wells on adjacent properties cannot be located or shown, all septic drainfields within the short subdivision shall be located a minimum of 100 feet from exterior property lines. Alternatively, the applicant may provide a signed affidavit by a qualified professional attesting that all proposed drainfields are 100 feet away from any existing wells located on adjacent properties. 6. The address of each lot shall be clearly noted on the face of the final short plat. 7. The final short plat shall contain the following notes: i.

Land within this short subdivision shall not be further divided for a period of five years unless a final plat is filed pursuant to Cowlitz County Subdivision Code and RCW 58.17.

ii.

The approval of this short subdivision does not guarantee the issuance of any other permits.

iii.

WARNING: Cowlitz County has no responsibility to build, improve, maintain, or otherwise service the private roads contained within or providing service to the property described in this short plat.

iv.

In the event that any private road or driveway is improved to Cowlitz County standards for public streets and the County is willing to accept the dedication of such road, each lot owner shall execute any documents necessary to accomplish such dedication.

The developer of this property has not been required to provide electric services for this subdivision.

vi.

All future development shall conform to the provisions of the International Fire Code 507.3 and CCC 16.05.80 as adopted or hereafter amended.

vii.

In the event of the discovery of cultural and/or archeological artifacts within this short subdivision, all development shall be halted and the landowner or designee shall immediately notify the concerned Tribes, Department of Archaeology and Historic Preservation, and the Department of Building and Planning. 7

Short Subdivision 2450.42

viii.

1020 Paine Rd, Castle Rock

September 30, 2024

The critical areas together with applicable buffers described in the Findings shall be delineated and identified on the final short plat together with the following notes: a. RIPARIAN HABITAT AREA: All placement or construction of permanent structures, filling, excavation, grading, vegetation removal, dumping of solid wastes, clearing of conifer or deciduous vegetation, or any other development activity shall require compliance with CCC 19.15.130 as now exists or hereafter amended.

ix.

PRIORITY HABITAT AREA: This property is mapped as a Priority Habitat of Elk Wintering Range. Residents should consult with the Washington State Department of Fish and Wildlife (WDFW) for appropriate fence design and other habitat protection measures.

DRAINFIELD RESTRICTION: No wells are permitted within 100 feet of septic drainfield and reserve areas. No construction, grading, filling, placement of buildings, driveways or parking areas shall be permitted within the drainfield and drainfield replacement areas, except as provided in Chapter 246272 WAC (On-Site Sewage Systems). Locations of septic drainfield areas shown on this short plat can be moved with proper authorization from the Cowlitz County Environmental Health Unit.

xi.

SOURCE PROTECTION AREA: Areas within the 100-foot radius SPA surrounding the wellhead must be kept free of any source of contamination. Examples of contaminants and potential contaminants include, but are not limited to, manure, sewage, hazardous waste, livestock barns and livestock feed lots, drainfields, chemical and petroleum storage areas, and pipelines used to convey materials with contamination potential.

Section 2 – Final Short Subdivision Approval Requirements The following items are conditions of approval that must be satisfied prior to final short plat approval: 8. Certificate(s) of water availability from the Cowlitz County Environmental Health Unit for each lot. 9. If a wellhead source protection area extends beyond the short subdivision boundary, an easement or restrictive covenant shall be obtained from abutting landowner(s). The recording information of all relevant covenants, easements and/or agreements required by the Department and/or EHU shall be identified on the final short plat. 10. Each lot within the short subdivision shall demonstrate the capability to support, wholly within its boundaries, an on-site septic system and septic reserve area(s), exclusive of any easements, and in accordance with CCC 18.34.070.A.4. 11. Access to the lots shall be in conformance with and subject to the recommended conditions of approval as stated in the memorandum dated September 11, 2024, provided by Cowlitz County Department of Public Works, attached hereto as Exhibit C.

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

12. A current title report or plat certificate issued within the last 30 days shall be submitted with the final short plat. If final short plat approval extends beyond 30 days, an updated (current) title report or plat certificate will be required prior to recording. 13. The applicant will be required to pay all outstanding property taxes, including the current year, prior to final approval and recording of the short plat. 14. The hours of operation for construction activities shall be in accordance with Chapter 10.25 CCC, which provides for the hours between 7:00 a.m. and 10:00 p.m. on weekdays and between 9:00 a.m. and 10:00 p.m. on weekends. APPLICATION FOR FINAL SHORT PLAT APPROVAL An application for final short plat approval will be accepted for review after all conditions of approval have been met and all corresponding documentation together with the fee has been submitted to the Department through the Accela permit portal. The submittal packet must include: 1. Draft copy of the Final Short Plat (digital copy preferred) identifying all items as required in Section 1 of the Conditions of Approval; and 2. All documentation as required in Section 2 of the Conditions of Approval; and 3. Application fee. CCC 18.34.110 - APPEAL A person aggrieved by the decision of the Director may appeal said decision to the Hearing Examiner. Any such appeal shall be filed in writing with the Department along with the appropriate fee within 20 calendar days of the issuance of the decision. The appeal shall specify the reasons therefor. The Director shall provide the Hearing Examiner with findings and documentation relating to the decision being appealed. The Hearing Examiner, following a de novo hearing, shall affirm, modify or reverse the Director’s decision with written findings and conclusions. The appellant carries the burden of proof on appeal. If you have questions regarding this letter, please contact me at coueys@cowlitzwa.gov or 360-577-3052, extension 6669. Sincerely,

Sahara Couey Community Planner CC:

Chilton Development Services, via email: admin@chiltondevelopmentservice.com

Exhibits A - Application Materials B - SEPA DNS C - DPW Memorandum, September 11, 2024 9

Short Subdivision 2450.42

1020 Paine Rd, Castle Rock

September 30, 2024

D – Cowlitz PUD Comments, September 4, 2024 E – EHU Comments, September 6, 2024 F – WDFW Comments, September 18, 2024

SHORT SUBDIVISION SUPPLEMENT Nick Little, Chilton Development Services APPLICANT: _______________________________________

8/14/24 DATE: ________________________________

1020 Paine Road WG2803002 SITE ADDRESS: ____________________________________ PARCEL NUMBER: _____________________

PROJECT ENVIRONMENT To Be Completed by Applicant What is general topography of site? Flat Rolling Hilly Steep 8% What is steepest slope onsite? ____________ % Is there indication or history of unstable slopes on or near site? Yes / No Describe:______________________________________________________ _____________________________________________________________

LAND

Has the site been used for agriculture? Yes / No Describe:____________ _____________________________________________________________ Is there surface water on or within 2 Yes / No Describe:______ Two Type F streams located in Western portion of property _____________________________________________________________ Are there area water in streams to the West. the site? Yes / No Describe:____________________________________ _____________________________________________________________ Yes / No Describe:______________________________________________________ _____________________________________________________________ Riparian Habitat area around streams is intact: deciduous Describe vegetation is present onsite:_______________________________ and conifer strees, variety of native shrubs. Remainder of site is largely field grass and scattered trees. _____________________________________________________________ Describe vegetation to be removed as part of this proposal: ______________ None at this time. Future homes will require removal of grass. _____________________________________________________________ Describe wildlife observed onsite: __________________________________ None observed during site visit. _____________________________________________________________

WATER

PLANTS AND ANIMALS

LAND USE To Be Completed by Applicant Residential. Western portion is classified as DFL. Describe:______________________________________________________ _____________________________________________________________

EXISTING LAND USE: EXISTING STRUCTURES ONSITE: WILL ANY STRUCTURES BE DEMOLISHED AS PART OF THIS PROPOSAL? PROPOSED LAND USE: COMPREHENSIVE PLAN CLASSIFICATION:

SIngle Family dwelling and several outbuildings, Group B well, existing septic Yes / No Describe:_____________________________________________ _____________________________________________________________ Yes / No Describe:_____________________________________________ _____________________________________________________________ Residential Yes / No Describe:_____________________________________________ _____________________________________________________________ Rural

IS PROPERTY CLASSIFIED AS RESOURCE LAND? ZONING DESIGNATION, IF APPLICABLE:

Western portion is classified as DFL. Yes / No Describe:_____________________________________________ _____________________________________________________________

Unzoned

Cowlitz County Building & Planning Department 207 Fourth Avenue North, Kelso, WA 98626 Phone: (360) 577-3052 – FAX: (360) 414-5550 – Email: planninghelp@co.cowlitz.wa.us Open Monday-Thursday 7:00 am – 6:00 pm We accept cash, checks, debit and credit cards, except AMEX. No payments received after 5:30 pm Page 3 of 6 (Revised 11/15)

SHORT SUBDIVISION SUPPLEMENT SHORT SUBDIVISION STANDARDS (CCC 18.34.070)

PROPOSED LOT SIZE (AREA):

To Be Completed by Applicant 4.70ac+/2.02ac+/LOT 1:_________________________ LOT 2: ________________________ 2.03 ac+/2.03ac+/LOT 3:_________________________ LOT 4: ________________________

PROPOSED LOT WIDTH AT PROPOSED BUILDING SITE:

315'+/165'+/LOT 1:_________________________ LOT 2: ________________________ 160'+/175'+/LOT 3:_________________________ LOT 4: ________________________

EASEMENTS:

Are There Existing Easements Associated with Site? Yes / No Water line easements for existing water lines. Describe:______________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ shared driveway easement. Are Easements Proposed? Yes / No Describe:______________________

SEWAGE DISPOSAL:

WATER AVAILABILITY:

_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Is there an existing septic system onsite? Yes / No Describe: __________ Existing septic system located near existing home. _____________________________________________________________ _____________________________________________________________ Septic Proposed method of sewage disposal:_______________________________ _____________________________________________________________ Is the property within a sewer district? Yes / No Which District?_________ _____________________________________________________________ Is there an existing well onsite? Yes / No Describe:__________________ Group B well serves existing home plus 2 other properties to the South.

Are there existing wells within 100 feet of the property? Yes / No Describe:______________________________________________________ _____________________________________________________________ Is there a fire hydrant on or near the site? Yes / No Direction to hydrant and distance from site:___________________________ _____________________________________________________________ Expansion of Group B water system Proposed method of providing potable water:_________________________ _____________________________________________________________ Is the property within a water district? Yes / No If so, which district?_____ _____________________________________________________________ PROPOSED ACCESS:

How will project be provided access? Public Roadway Private Roadway Describe:______________________________________________________ New individual driveway and new shared driveway. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Chipseal Describe surface material of existing roadway:________________________ _____________________________________________________________ 28'+/What is existing roadway width at site frontage:________________________ _____________________________________________________________ Are new driveways proposed? Yes / No Describe: __________________ _____________________________________________________________

Staff comments in BLUE by SC; 9/4/24

SEPA ENVIRONMENTAL CHECKLIST

A. Background [HELP] 1. Name of proposed project, if applicable: KT West Short Subdivision 2. Name of applicant: Chilton Development Services 3. Address and phone number of applicant and contact person: 1760 Down River Drive, Woodland, WA. 98674 Nick Little, CDS 360-957-9185 4. Date checklist prepared: 8/14/24 5. Agency requesting checklist: Cowlitz County 6. Proposed timing or schedule (including phasing, if applicable): ASAP. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None

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July 2016

Page 1 of 13

9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any government approvals or permits that will be needed for your proposal, if known. Short subdivision approval, Group B water system update, septic soils test approval 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Land owner is proposing to short subdivide their parcel in four residential development lots. The property currently has an existing home and several outbuildings. A Group B water system currently serving 3 homes is locate don the parcel, and is expected to be expanded to serve the 3 new parcels (total of 6 homes on the system). On-site septic systems will handle serwer needs, and access is to be provided by an existing driveway serving the existing home, a NEW shared driveway serving Lots 2 and 3, and a NEW individual driveway serving Lot 4. The property has two fish bearing streams flowing through the Western portion; no impacts are expected within the stream’s Riparian Habitat Area. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The property is located in the 1000 block of Paine Road, approximately 5 miles East of Castle Rock, WA in Section 28, Township 10N, Range 1 West, W.M.; Parcel # WG2803002/. 1020 Paine Rd

B. Environmental Elements [HELP] 1.

Earth [help]

a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other _____________ b. What is the steepest slope on the site (approximate percent slope)? 8% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. SEPA Environmental checklist (WAC 197-11-960)

July 2016

Page 2 of 13

USDA 77, Hazeldell Gravelly Silt Loam USDA 147, Olympic Silt Loam USDA 182, Sara Silty Clay Loam d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No evidence of slope movement on site. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. Minimal filling grading will be required to establish driveway connectins to Paine Road. Primarily remval of sod and placement of rock base layer. Estimated 30-50cy. Rock to be obtained from commercial quarry. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Potentially. Exposed soils could cause erosion. Minimal exposed soils expected at this time. Future home development and driveway construction may create temporarily exposed soils during summer months. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 2-5% h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Standard erosion control BMPs, including straw on exposed soils, and revegetation. Any other management recommendation identified per geotechnical assessment will also be implemented..

2. Air [help] a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Exhaust from equipment during future construction. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No c. Proposed measures to reduce or control emissions or other impacts to air, if any: None

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3. Water [help] a. Surface Water: [help] 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into.

100' Riparian Habitat Area (RHA). Type F stream

Two Type F streams are located in the western portion of the property.located to the north with 100' RHA extending onto

subject property 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 3) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No

5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground Water: [help] 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known.

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THe existing Group B water system will be expanded to serve an additional 3 homes, likely resuting in an additional 750gpd withdrawal once built out.

2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None at this time. Future homes will use septic systems for waste disposal. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. There is the potential for stormwater runoff during future construction and from future homes. This stormwater will be dispersed in flowpaths on yards or native vegetation. 2) Could waste materials enter ground or surface waters? If so, generally describe. No 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: Stormwater BMPs will be in place to enhance dispersion and prevent concentration and discharge to any water bodies.

4. Plants [help] a. Check the types of vegetation found on the site: __x__deciduous tree: alder, maple, aspen, other __x__evergreen tree: fir, cedar, pine, other __x__shrubs __x__grass ____pasture ____crop or grain SEPA Environmental checklist (WAC 197-11-960)

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____ Orchards, vineyards or other permanent crops. __x_ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ____water plants: water lily, eelgrass, milfoil, other ____other types of vegetation

b. What kind and amount of vegetation will be removed or altered? Vegetation will be removed during construction activity in the area of excavation for future homes. c. List threatened and endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None e. List all noxious weeds and invasive species known to be on or near the site. None known

5. Animals [help] a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other ________

Rocky Mountain Elk PHS Listed b. List any threatened and endangered species known to be on or near the site. Occurrence None known c. Is the site part of a migration route? If so, explain. Unknown

Pacific Flyway

d. Proposed measures to preserve or enhance wildlife, if any: None e. List any invasive animal species known to be on or near the site.

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None known

6. Energy and Natural Resources [help] a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None at this time. Future homes will require electricity for typical residential uses. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None

7. Environmental Health [help] a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No 1) Describe any known or possible contamination at the site from present or past uses. None 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None 3)

Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project.

None

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4) Describe special emergency services that might be required. None 5) Proposed measures to reduce or control environmental health hazards, if any: None

b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Sounds of equipment between 8am and 5pm during future construction. 3) Proposed measures to reduce or control noise impacts, if any: None

8. Land and Shoreline Use [help] a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Site is currently resdential. Will not affect adjacent land uses. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: No c. Describe any structures on the site. Existing SFD, OSS, Group B water system, and several outbuildings.

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d. Will any structures be demolished? If so, what? No

e. What is the current zoning classification of the site? Unzoned f. What is the current comprehensive plan designation of the site? Rural g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as a critical area by the city or county? If so, specify. Yes. Habitat area associated with the Type F streams on site. 100' RHA i. Approximately how many people would reside or work in the completed project? Unknown. Estimated 12-20 at full build out. j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None

L. Proposed measures to ensure the proposal is compatible with existing and projected land

uses and plans, if any: Compliance with adopted land use codes.

m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: None

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9. Housing [help] a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 3 new resdeintial units are expected.

b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: None

10. Aesthetics [help] a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? None proposed at this time

b. What views in the immediate vicinity would be altered or obstructed? None b. Proposed measures to reduce or control aesthetic impacts, if any: None

11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical residential light from porchlights and car headlights. b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off-site sources of light or glare may affect your proposal? None

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d. Proposed measures to reduce or control light and glare impacts, if any: None

12. Recreation [help] a. What designated and informal recreational opportunities are in the immediate vicinity? Silver Lake is located approximately .1 mile South. Boating, fishing, etc. b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None

13. Historic and cultural preservation [help] a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. No b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None identified. Property varies between a “Low Risk” to “High Risk” dependent on location. Area proposed to be developed generally falls within the Low to Moderately Low risk categories. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Visual inspection, owner testimonial, review of WISAARD. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. In the event of an inadvertent discover, all work shall cease and local tribal authorities contacted.

Standard inadvertent discovery language to be applied to all approved permits. SEPA Environmental checklist (WAC 197-11-960)

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14. Transportation [help] a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. Paine Road (Public) b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? No, 4-5 miles c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? Each new lot will include a minimm of 2 parking spaces per County code. Exact number of spaces cannot be determined at this time. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Future development expected to add an additional 30TPD according to ITE estimates. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No h. Proposed measures to reduce or control transportation impacts, if any: None

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15. Public Services [help] a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. Minimal additional need for the three future homes. b. Proposed measures to reduce or control direct impacts on public services, if any. None

16. Utilities [help] a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other ___________

c. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Individual electricity extensions.

C. Signature [HELP] The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature:

___________________________________________________

Nick Little, Chilton Development Services Name of signee __________________________________________________ Position and Agency/Organization ____________________________________

8/14/24 Date Submitted: _____________

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PUBLIC UTILITY DISTRICT NO. 1 Cowlitz County, Washington 961 12th Avenue Longview, Washington

September 4, 2024 Sahara Couey, Associate Community Planner Cowlitz County Department of Building and Planning 207 Fourth Avenue North Kelso, WA 98626

Sahara, Case No. 2450.42 – Short Subdivision – 1020 Paine Rd District records indicate that Lot 1 of the proposed short subdivision is currently served by an overhead service from the existing overhead electrical facilities along Paine Road. Lots 2, 3 & 4 of the proposed short subdivision will likely be served by underground cable extensions from the existing overhead electrical facilities along Paine Road. Easements for any power cable extensions, if required, will be obtained concurrent with facility installation. Please include utility rights with any public road right-of-way dedications. Sincerely,

Peter Eggersgluss Right of Way Agent

Couey, Sahara From: Sent: To: Subject: Attachments:

Yoho, Andrea Friday, September 6, 2024 8:58 AM Couey, Sahara FW: Cowlitz County Inter-Agency Review #24-08-3512 IAR_1020 Paine Rd_24-08-3512.pdf

Good Morning Sahara, The IAR refers to intended use of an existing Group B water system. EH strongly recommends early review of the water system to verify if the system is currently approved by Environmental Health Services and if the system is currently large enough to accommodate all proposed connections. Please let me know if there are any additional questions or concerns. Sincerely, Andrea Yoho Cowlitz County Health & Human Services Department Environmental Health 1952 9th Avenue Longview, WA 98632 Tel: 360.414.5599.1.6447 Fax: 360.425.7531 YohoA@cowlitzwa.gov **New email effective 9/6/2022** Healthy people, healthy Communities. Confidentiality: This email message may contain confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. All emails sent to this address will be received by the Cowlitz County email system and may be subject to Public Disclosure under Chapter 42.56 RCW and is subject to archiving and review by someone other than the recipient.

From: Pierson, Teresa <pierson.teresa@cowlitzwa.gov> Sent: Wednesday, September 4, 2024 11:41 AM To: !PWDevelopmentReview <PWDevelopmentReview@cowlitzwa.gov>; AskCowlitzHealth <Askcowlitzhealth@cowlitzwa.gov>; Eugenis, Susan <EugenisS@cowlitzwa.gov>; Peter Eggersgluss <peggersgluss@cowlitzpud.org>; Williams, Jim <WilliamsJ@cowlitzwa.gov>; Wilson, Michael <wilsonm@cowlitzwa.gov>; 'Dustin Nunes' <dnunes@cowlitz3fire.org>; lwilliams@toutlesd.org Cc: Couey, Sahara <coueys@cowlitzwa.gov> Subject: Cowlitz County Inter-Agency Review #24-08-3512

Hello, Please see the attached Inter-Agency Review materials for Preliminary Short Subdivision Case No. 2450.42 (Record ID 24-08-3512). Location: 1020 Paine Rd, Castle Rock; Parcel # WG2803002

Staﬀ Contact: Sahara Couey, Community Planner coueys@cowlitzwa.gov Please send all comments and questions to the staff contact listed above.

Sincerely, Terri Pierson |PLANNING ADMINISTRATIVE ASSISTANT III COWLITZ COUNTY BUILDING & PLANNING 207 4TH AVE. N. #119| KELSO, WA 98626 (360) 577-3052 EXT 6693 | pierson.teresa@cowlitzwa.gov

State of Washington

DEPARTMENT OF FISH AND WILDLIFE Southwest Region 5 • 5525 South 11th St Ridgefield, WA 98642 Telephone: (360) 696-6211 • Fax: (360) 906-6776

September 18, 2024 Sahara Couey Cowlitz County Building & Planning 207 4th Ave. N. #119 Kelso, WA 98626 RE: WDFW Comments on KT West Short Subdivision Dear Ms. Couey: Thank you for the opportunity to comment on the proposed Cowlitz County SEPA DNS 24-08-3512 for the KT West Short Subdivision project. The Washington Department of Fish and Wildlife (WDFW) has reviewed this proposal and offers the following comments for your consideration. WDFW recognizes the importance of balancing development needs with preserving critical areas. This parcel contains several mapped streams which are classified as Type F (fish bearing) streams. With the increase in development within these critical areas, it is important to acknowledge potential impacts and plan for solutions to minimize and avoid harm to these Priority Habitats. Additionally, the site is situated within Elk Wintering Range, which is also a Priority Habitat. Building within Elk Wintering Range has potential to fragment habitat corridors and increase the likelihood of elk/human conflict. In this letter we offer suggestions to avoid and mitigate elk/human conflict. Site Potential Tree Height (SPTH 200) WDFW recently released new riparian management recommendations, Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications (Quinn et al. 2020) and Riparian Ecosystems, Volume 2: Management Recommendations (Rentz et al. 2020). In the new riparian management recommendations, WDFW no longer has a set buffer width for fish and non-fish bearing streams, and instead bases it on the Site Potential Tree Height of 200 years (SPTH200) to ensure the riparian ecosystem has the greatest functionality. These ecological functions outlined in Riparian Ecosystems, Volume 1 include, but are not limited to: stream morphology, erosion and sedimentation process, fish and wildlife habitat availability, wood recruitment, stream temperature, shading, pollutant removal, and nutrient cycling. The SPTH for all streams on the property is 206 ft. If SPTH cannot be implemented, we recommend a minimum riparian buffer of 100 feet, which would help minimize these impacts on the streams mapped. A larger riparian management zone is supported by current science and is consistent with our new riparian management recommendations. Our new recommendations do not differentiate between non-fish and fish bearing streams because they are all connected to and impact one another. This is particularly true for the transport of nutrients and pollutants, which are easily moved by water. Current science recommends having a riparian zone of at least 100 ft to help minimize pollutant runoff into streams.

Elk Wintering Range As the report mentions, these future parcels are mapped as Priority Habitat for Elk Wintering Range and likely see regular concentrations of elk. Elk likely use this area year- round with higher concentrations during winter months. Future landowners should be aware that this harvested, open area could potentially attract elk and in turn, instill conflict. Ideal elk habitat includes productive grasslands, meadows, or clearcuts, interspersed with closedcanopy forests. The likelihood of human/elk conflicts is influenced by the number of elk in the area, the degree of development, the availability of alternative food sources and protective cover, and winter weather conditions. If elk are damaging property, personnel from WDFW can help evaluate damagecontrol options. Typical nonlethal damage control techniques include but are not necessarily limited to herding, hazing, scare devices, fencing and fence repair, land purchases, purchasing or leasing crops, crop- damage payments, and winter feeding. For information on fencing and interacting with elk on your property, see our publication on Living With Elk at https://wdfw.wa.gov/specieshabitats/species/cervus-canadensis. Again, we thank you for the opportunity to provide input. Please contact me should you have any questions or need additional information. Sincerely,

George Fornes, Habitat Biologist Washington Department of Fish & Wildlife

Tammy and Lee Biles 963 Paine Road Castle Rock, WA 98611 360-431-4005 Cowlitz County Building and Planning 207 N. 4th Avenue #119 Kelso, WA 98626

Monday, September 9th, 2024

Dear Sahara Couey, I received an ‘invitation to comment’ postcard in regard to a short subdivision development at 1020 Paine Road, Castle Rock which is across the street from our home. I read and reviewed the SEPA application online and would like to appeal to the Hearing Examiner as we disagree with some of the findings: Per Section A, Item #4 this property was reviewed in mid-August at the height of our dry season and at an 8% slope towards the back of the property. This property becomes a marshy, swampy, and muddy area during our lengthy rainy season and will not be suitable for construction of homes. As an example of this, the prior owners have been stuck in their trucks up to their axles in muck and had to both be towed out by my husband, Lee. The three fish bearing streams (with relatively low water levels) may not be a ected in August but these streams oftentimes overflow their banks in the heavy rains of Winter and the process of new construction and new homes will be a detriment to the local fish and wildlife and may even pose a possible flooding risk. Section B3b explains the Ground Water plan which I believe to be insu iciently managed by the use of flow paths as we have witnessed the most Southern stream jumping over the road during a heavy storm. In regard to #4 Plants it is never to the benefit of our local environment to remove trees and vegetation which would be a hindrance to local animals, especially elk and deer which frequent this lot and which would also promote erosion. Item #8 (Land and Shoreline Use) Question h, “Has any part of the site been classified as a critical area by the city or county?” is marked “Yes. Habitat areas associated with the Type F streams on site.100’ RHA”. I strongly disagree that all 3 of those streams are 100 feet or

more away from all 3 home constructions, road building, etc. and that this permit should not be approved based on this being a critical area. I also disagree with10b as our view will be obstructed with construction and buildings instead of a meadow and forest land. 14F states approximately 30 more vehicle trips per day which increases air pollution, noise pollution, and is also a risk to local deer, pedestrians, etc. In addition to our above environmental concerns, my understanding is that the Toutle School District is essentially full as of the 2023-2024 school year and new students are being bused to the Castle Rock School District. An additional 3 homes would also put an added weight on our existing local infrastructure. As a small community, we see very little in police patrols, long response times for assistance from the sheri or for an ambulance, and only recently passed a levy by 3 votes to have a fully manned Toutle ﬁre station. I have worked as a home loan closer for several years and new homes are not selling with the current interest rates which is another reason not to approve another subdivision. Please review our above insights and consider not approving Permit # WG2803002. Best regards,

Tammy and Lee Biles P.S. I may be reached at tammymbiles@yahoo.com.

-Department of Building & Planning 207 Fourth Avenue North #119 Kelso, WA 98626 TEL (360) 577-3052 FAX (360) 414-5550

www.co.cowlitz.wa.us/buildplan

Board of County Commissioners Steve Rader District 1 Steven L. Ferrell District 2 Richard R. Dahl District 3

SEPA Determination of Non-Significance 25-08-3622 Project Name: KT West Rural Subdivision Description of proposal: The applicant, Chilton Development Services, on behalf of KT West LLC, owner, has applied for a subdivision of approximately 4.04 acres into two lots. The property was previously part of a four-lot short subdivision (CC 24-42, AFN 3670921), bringing the total number of lots to five. As a result, the proposal is subject to review under Cowlitz County Rural Subdivision standards (Chapter 18.50 CCC). The subject parcel is known as Lot 2 of said short subdivision. Current and proposed lots will be served by individual on-site septic systems and an existing Group B water system. Access is proposed from individual and shared driveways from Paine Road, a public road. Critical areas include two fish bearing streams with associated riparian habitat areas of 100’, located along the western portion of the property. A third fish bearing stream runs just off-site along the northern property line of Lot 1 of CC 24-42, with a 100’ riparian habitat area extending onto the subject property. No development is proposed within the mapped critical areas or the associated buffers thereof. Owner: KT West LLC PO Box 1152 Woodland, WA 98674

Applicant: Chilton Development Services 1760 Downriver Dr Woodland, WA 98674

Location of proposal: Project is located at 1012 Paine Road, Castle Rock, WA; Section 28, Township 10 North, Range 1 West, Willamette Meridian; Parcel# WG2803007. Lead Agency: Cowlitz County, as the SEPA lead agency for the proposal, has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by September 25, 2025.

Staff Contact: Sahara Couey, Associate Community Planner (coueys@cowlitzwa.gov; 360-577-3050 x6669) Responsible official: ___________________________________ Adam Trimble, Planning Manager

Date: September 11, 2025

You may appeal this determination to the Cowlitz County Hearing Examiner. All appeals must be perfected by delivering written notice thereof to the responsible official within 14 calendar days of the decision being appealed. You should be prepared to make specific factual objections. Please refer to Cowlitz County Code Title 19, Chapter 19.11.120, regarding SEPA appeal procedures.

Attachments: Environmental Checklist Site Plan Parcel/Vicinity Map Cc: Washington State Department of Ecology, SEPA Center Washington State Department of Natural Resources, SEPA Center Washington State Department of Fish and Wildlife, SEPA Center Washington State Department of Archeology and Historic Preservation – SEPA Center Southwest Clean Air Agency Lower Columbia Fish Recovery Board Cowlitz County Building Official Cowlitz County Public Works Cowlitz County Environmental Health Cowlitz County Assessor Cowlitz County Historic Preservation Fire District #3 Confederated Tribes of Grand Ronde Community of Oregon Confederated Tribes of Warm Springs Yakama Nation Squaxin Island Tribe Cowlitz Indian Tribe Cowlitz County PUD Toutle Lake School Dist. 130 City of Woodland Postcards to neighbors within 300’ of project

Staff comment in BLUE by SC; 9/11/25

soils test approval for new lot

4-lot short subdivision CC 24-42 recorded AFN: 3670921 Current and proposed lots will be served by an existing Group B water system and individual on-site septic.

100' riparian habitat area (RHA) associated with type F streams

Rocky Mountain Elk PHS Listed Occurrence

Pacific Flyway

Areas of moderate to high risk per DAHP predictive model

Standard inadvertent discovery language to be applied to all approved permits.

Department of Building & Planning 207 Fourth Avenue North #119 Kelso, WA 98626 TEL (360) 577-3052 FAX (360) 414-5550 www.co.cowlitz.wa.us/buildplan

Board of County Commissioners Steve Rader Steven L. Ferrell Richard R. Dahl

District 1 District 2 District 3

INTER-AGENCY REVIEW To:

Cowlitz County Department of Public Works Peter Eggersgluss, PUD Andrea Yoho, EHU Cowlitz County Health Officer Mike Wilson, B&P Cowlitz Fire District #3 Jim Williams, GIS Toutle School District #130

From: Sahara Couey, Senior Planner Date: September 11, 2025 RE:

Preliminary Rural Subdivision Case No. CC 2570.01 – (Record ID 25-08-3622), 1012 Paine Rd, Castle Rock; parcel # WG2803007

This notice is provided to you in accordance with Section 18.50.090 of the Cowlitz County Code. Please review the enclosed rural subdivision application for compliance with County regulations such as: (1) water supply, (2) sewage disposal, (3) drainage, (4) critical areas and other environmental issues, (5) access, (6) public services, and/or (7) other areas of jurisdiction and concern. Please submit your written comments to Sahara Couey within ten (10) working days of the date of this notification. If we receive no comments from you within the ten days, we will assume that the short plat meets the standards for which your agency is responsible. Thank you for your attention to this matter. For your convenience, you may use the space at the bottom of this page (and reverse side if necessary) for your comments and recommendations. If you provide a separate memo, you do not need to return these distribution materials.

--------------------------------------------------------------------REPLY----------------------------------------------------------------9-25-25 DATE: _______________________ ATTN:

Sahara Couey, Senior Planner coueys@cowlitzwa.gov

M Wilson _______________________

FROM: RE:

Preliminary Rural Subdivision Case No. CC 2570.01 – (Record ID 25-08-3622), 1012 Paine Rd, Castle Rock; parcel # WG2803007

COMMENTS:

See attached comments

9-25-25 Attn: Sahara Couey From: M. Wilson, Building Division RE: Preliminary Rural Subdivision Case No. CC 2570.01 – (Record ID 25-08-3622), 1012 Paine Rd, Castle Rock; parcel # WG2803007 Comments: 1. According to the record, the development is located within Fire District # 3. 2. International Fire Code Sec 503.1. Where required. Fire apparatus access roads shall be provided and maintained in accordance with locally adopted street, road, and access standards. 3. International fire Code Sec 507.1. Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Fire flow requirements for buildings of portions of buildings shall be established pursuant to International Fire Code Sec 507.3, CCC Sec 16.05.080.

PUBLIC UTILITY DISTRICT NO. 1 Cowlitz County, Washington 961 12th Avenue Longview, Washington

September 15, 2025 Sahara Couey, Senior Planner Cowlitz County Department of Building and Planning 207 Fourth Avenue North Kelso, WA 98626

Sahara, Case No. 2570.01– Rural Subdivision – 1012 Paine Rd District records indicate that the proposed rural subdivision will likely be served by an underground cable extension from the overhead electrical facilities along Paine Rd. Easements for any power cable extensions, if required, will be obtained concurrent with facility installation. Please include utility rights with any public road right-of-way dedications. Sincerely,

Peter Eggersgluss Right of Way Agent

AS-14727 19. BOCC Agenda Meeting Date: 03/03/2026 CHANGE ORDER NO. 1 - Barnes Drive Emergency Repair - Project No. 5774 - Quigg Brothers Inc. Submitted For: Susan Eugenis, Public Works Submitted By: Emilie Cochrane, Public Works Department: Public Works Information Subject and Summary Statement Attached is Change Order No. 1 to the Barnes Drive Emergency Repair project in the amount of $28,525.00. Due to the emergency nature of the project, discrepancies were identified in the calculated bid item amounts and quantities after project execution. This change order provides the necessary corrections and adjustments to the affected unit prices and bid item quantities. Will Staff Attend - NAME OF STAFF or No Yes Department Recommendation It is the recommendation of the Department of Public Works that the Board move to approve Change Order No. 1 to the Barnes Drive Emergency Repair Project at a cost of $28,525.00.

Fiscal Impact Expenditure Required $: 28,525.00 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds - What Dept ? : Roads Grant Y-N: Attachments Change Order No. 1 Form Review Inbox Emilie Cochrane Susan Eugenis Mike Moss, Public Works Form Started By: Emilie Cochrane

Reviewed By Emilie Cochrane Susan Eugenis

Date 02/25/2026 07:30 AM 02/25/2026 07:54 AM Started On: 02/24/2026 05:23 PM

AS-14685 BOCC Agenda Meeting Date: 03/03/2026 Columbia County Detention Service Agreement Submitted For: Ashley White Department: Juvenile Probation

Motion

B. 20.

Submitted By: Ashley White

Information Subject and Summary Statement Attached is an amended agreement with Columbia County, Oregon for juvenile detention services. The intent is to continue services that have been in place since 2012. To date, there have been 4 amendments to the original contract (2012). This amendment extends the contract period, increases the bed rate, and adds new contract language to reflect current standards.

Will Staff Attend - NAME OF STAFF Yes, George Moya Department Recommendation Our department is respectfully recommending the Board move to approve this agreement. An approval will increase revenue to the general fund.

Fiscal Impact Expenditure Required $: n/a Budget Sufficient Y-N: n/a Amendment Required Y-N: n/a Source of Funds - What Dept ? : Columbia Cnty Grant Y-N: N Attachments Columbia County Agreement 2026 Columbia County Original Contract Form Review Form Started By: Ashley White Final Approval Date: 02/17/2026

Started On: 02/09/2026 09:52 AM

BOOK

PAGE-

c77-20L9-3 AMENDMENT NO. 5 tO Agreement for Detention of Columbia County Juveniles in the Cowlitz CountY

Juvenile Detention Facility

'* ^

1. This Amendment NO. 5 to Agreement is between Cowlitz County, Washington, ("COWLITZ"), and Columbia County, Oregon ("COLUMBIA") shall take effect and be in force on the date last signed below. 2. COWLTTZ AND COLUMBIA have entered into an Agreement for juvenile services, to wit: AGREEMENT FOR DETENTION OF COLUMBIA COUNTY JUVENILES IN THE COWLITZ COUNW JUVENILE DETENTION FACILITY,

effective August t, 20LZ (the "Original Agreement") 3. COLUMBIA is now in need of continuing or modifying the Original Agreement with COWLITZ under the Original Agreement, as set forth herein, and COWLITZ is amendable to this amendment in providing services to COLUMBIA, under the same terms and conditions of the Original Agreement. NOW THEREFORE, the Parties agree as follows:

1. The Original Agreement is amended as follows:

a. Section H "COST PER BED" is amended to read as follows: Effective June L, 2025 through October 3!,2025, COLUMBIA COUNTY will pay S152.00 per bed day for an average of 1.0 beds per day and for a total of 365 bed days during

an annual term of this Agreement, equaling a monthly amount of 54,623.00. Effective November I, 2025 through May 31, 2028, COLUMBIA COUNTY will pay 5161.00 per bed day for an average of 1-.0 beds per day and for a total of 365 bed days during an annual term of this Agreement, equaling a monthly amount of 54,897.00. Effective June 1, 2025 through May 3L,2028, any bed days incurred by COLUMBIA COUNW in excess of 365 bed days during any annual term will be paid at the then current daily rate per each additional bed day.

b. section I "REIMBURSEMENT OF COSTS" is amended to read as follows: From June t, 2025 through October 31,, 2025, COWLITZ COUNTY agrees to bill COLUMBIA COUNTY every month by the 15th of the month following the billed period

for all services pursuant to this agreement at the rate of 54,623.00, plus any costs as set forth herein. From November L,2025 through May 31, 2028, COWLITZ COUNTY agrees to bill COLUMBIA COUNTY every month by the 15th of the month following the billed period for all services pursuant to this agreement at the rate of 54,897.00, plus any costs as set forth herein. All shall be paid within thirty (360) days of billing. c. Section M "EFFECTIVE DATE AND RENEWALS" is amended to read as follows: This agreement becomes effective on August I,2012, by signature of this document by the parties hereto. The term of the Agreement shall expire on May 3'J',2028, unless

otherwise modified or terminated as provided herein. This Agreement may be terminated by either part, effective no less than sixty (60) days after receipt of written notice given by the party seeking to terminate. This Agreement may be modified only after written notice of intention to modify and by mutual written agreement of the parties.

PageLof2 AmendmentNo.5-AGREEMENTFORDETENTIONOFCOLUMBIACOUNTYJUVENILESIN COU NTY J UVEN ILE DETENTION FACI LITY

THECOWLITZ

d. Section N. CONSTITUTIONAL AND STATUTORY PROVISIONS" is amended to read as follows: This agreement is subject to the debt limitation provisions of Article Vlll, Section 6 of the Washington Constitution, and Article Xl, Section 10 of the Oregon Constitution, and the provisions of the Washington Tort Claims Act, Revised Code of Washington (RCW), Chapter 4.96, and the Oregon Tort Claims Act, Oregon Revised Statutes (ORS) ORS 30.260 to 30.300.

All documentation produced under this Agreement may be subject to Ch 42.56 RCW, Public Records Act and the Oregon Public Records Act, ORS Chapter 192.100-192.600 ("Public Record Acts"). The parties, upon request, may be required to disclose all such documents unless one or more exemptions applies under the Public Record Acts, or

other Federal, Washington State, or Oregon State laws. Each party shall fully cooperate with and assist the other party with respect to any request for public records received by the other party related to this Agreement.

2. This Amendment No. 5 is effective on the date last signed and shall be retroactive to June L, 2025.

3. Except as provided above in the Amendment No. 5, all terms, conditions, duties, obligations and provisions of the Original Agreement and any prior Amendment(s) shall remain in full force and effect.

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2 Amendment No. 5 - AGREEMENT FOR DETENTION OF COLUMBIA COUNTY JUVENILES lN THE COWLITZ COU NTY JUVEN ILE DETENTION FACI LITY

4. The parties hereto have executed this Amendment No. 5 and each signatory to this Amendment No. 5 warrants that he/she is duly authorized and executes this Amendment for and on behalf of the below-inscribed parties hereto.

BOARD OF COUNTY COMMISSIONERS FOR COLUMBIA COUNTY, OREGON

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard Dahl, Chairman

h, Chair

By:

Ferrel, Steven, Commissioner

Comm

Casey

Ma Date

Mag

er, Co

tlZE hrvtY

Rader, Steven, Commissioner

Date:

AS TO

Colu m ia County Counsel

ATTEST:

Cowlitz Clerk of Board Date CONTRACT AMENDMENT FORM HAS BEEN APPROVED BY COWLITZ PROSECUTING ATTYS OFFICE - CIVIL SECTION

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Amendment No. 5 - AGREEMENT FOR DETENTION OF COLUMBIA COUNW JUVENILES lN THE COWLITZ COUNTY JUVENILE DETENTION FACILIW