Regular Meeting Agenda 12/17/24

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Grayson, Clerk of the Board

Regular Public Meeting

December 1 7 , 2024, 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of December 9-11, 2024

 Consent Agenda of December 17, 2024

 Oath of Office

o Steve Rader – Commissioner District 1

o Steve Ferrell – Commissioner District 2

 Motion Items

 Public Comments

ZOOM Link KLTV Link

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917 www.kltv.org Live Stream

Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Agreements/Contracts/Bid Awards

1. Amendment No. 1 to the Subrecipient Agreement with the Carrolls Water Association for additional funding from ARPA direct qualification dollars to complete the project. (13863)

2. Memorandum of Understanding (MOU) with Juvenile Detention, Parks and Public Works for American Rescue Plan Act funding to officially allocate the American Rescue Plan Act (ARPA) funding. (13864)

3. Amendment No. 1 Memorandum of Understanding (MOU) with Public Works, Facilities, and Information Technology and Amendment No. 1 Personal Service Agreement with Teresa Johnson CPA for the American Rescue Plan Act (ARPA) Funding. (13891)

4. Memorandum of Understanding (MOU) with the Public Works Department to cover all direct qualification projects awarded to the Public Works Department from the American Rescue Plan Act (ARPA) funding. (13884)

Regular Public Meeting

December 17, 2024, 9:00 a.m.

5. Emergency Request for Contract for the remediation, environmental testing, and restoration due to the flooding damage to the Annex Building by the Roofing Vendor. The cost estimate is $105,000. (13883)

6. Resolution to Certify the Tax Levies for the County and Special Purpose Districts. (13890)

7. Agreement with Northwest Enforcement, Inc. for Armed Security Guard Services. The total annual cost shall not exceed $542,007.47. (13895)

8. Amendment No. 2 to the Professional Services Agreement with Gibbs & Olson for OnCall Water and Waste Water Engineering Services to extend the contract termination date to December 31, 2025. (13887)

9. Amendment No. 2 to the Professional Services Agreement with Energyneering Solutions, LLC, for as-needed landfill gas engineering services to increase the maximum amount payable to from $250,000 to $350,000 and extend the date to December 31, 2025. (13889)

10. Amendment No. 2 to the Professional Services Agreement with Windsor Engineers for the Camelot Large On Site Septic System (LOSS) replacement project to extend the date to December 31, 2025, and increase of $21,300 for a total to $109,800. (13899)

11. Amendment No. 2 to the Professional Services Agreement with Gibbs & Olson extending the completion date for replacing the current Woodbrook Wastewater Treatment Plant to December 31, 2025. (13888)

Resolutions

12. Resolution for the Order & Levy for the Year 2025 for the Lexington Flood Control Zone District. (13893)

Vouchers

13. Voucher Ratification for the Drainage Improvement District No. 1 ratified payments of the expenses incurred in October 2024 for $14,254.64. (13894)

Regular Public Meeting

December 17, 2024, 9:00 a.m.

The following vouchers are approved for payment:

Correspondence/Informational Items

14. Letters/Notices

a. Affidavit of Posting Resume for the Month of October 2024. (13897)

b. Affidavit of Posting Resume for the Month of November 2024 (13898)

c. Federal Energy Regulatory Commission (FERC) Notice dated 12/10/2024 regarding the Dam Safety Inspection Report. (13903)

d. Federal Energy Regulatory Commission (FERC) Notice dated 11/25/2024 regarding the Public Alert and Warning Systems Installation Plan and Schedule, Merwin Project. (13904)

15. Executed Contracts/Agreements/Resolutions

a. Personal Services Agreement with the Education Service District 112 (ESD 112) to provide an intervention program for youth with a truancy court petition. The total cost is $144,000 from July 1, 2024, until June 30, 2025. (13905)

b. Resolution #24-105 Authorizing Purchase and Sale Agreement with the Port of Longview authorizing Mike Moss, as Director of Public Works to execute the agreement. (13906)

Motion Items

Sheriff

16. Resolution extending authorizing the Sheriff to sign the agreement with the Humane Society for Animal Shelter Services. (13900)

Regular

Public Meeting

December 17, 2024, 9:00 a.m.

17. Resolution Adopting Fees related to Chapter 6.12 of the Cowlitz County Code - Animal Control. (13901)

Health & Human Services

18. Grant Agreement #25-003 with Lower Columbia School Gardens (LCSG) to support maintaining twenty School Gardens within Cowlitz County. The total amount is $150,000 through December 31, 2025, funded by the WA State Department of HealthFoundational Public Health Services. (13885)

Updates

Chairman Updates

Upcoming Events:

 Wednesday, January 29th @ 2:30 p.m. – Department of Ecology

Upcoming Meeting Cancelations

 Wednesday, December 18th – Meeting Canceled

 Monday - Wednesday, December 23rd - 25th – Meeting Canceled (Holiday)

 Monday - Wednesday, December 30, 2024 – January 1st, 2025 - Meeting Canceled (Holiday)

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040

RCW 42.30.040 - Conditions of 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

BOCC Agenda

Meeting Date: 12/17/2024

ARPA - Carrolls Water Association Amendment

Submitted For: KayLee McKay

Submitted By: KayLee McKay Department: Auditor

Information

Subject and Summary Statement

On November 6th, 2024 Carrolls Water Association requested additional funding from ARPA direct qualification dollars. The Board of County Commissioners approved this request.

Will Staff Attend - NAME OF STAFF

Yes - KayLee McKay, Comptroller Department Recommendation

The department recommends the BoCC approve the amendment previously agreed upon with Carrolls Water Association for ARPA funding.

Attachments

Subrecipient Amendment

Inbox

Carolyn Fundingsland

Form Started By: KayLee McKay

Form Review

Reviewed By

Carolyn Fundingsland

Date

12/09/2024 09:54 AM

Started On: 12/02/2024 12:58 PM

BOCC Agenda

Meeting Date: 12/17/2024

ARPA MOU's - Public Works and Juvenile Detention

Submitted For: KayLee McKay

Submitted By: KayLee McKay Department: Auditor

Information

Subject and Summary Statement

The Board of Cowlitz County Commissioners received requests from Juvenile Detention, Parks and Public Works for American Rescue Plan Act funding. The Board approved the three requests of funding and has agreed to enter into the MOU's with each department to officially allocate the funding.

Will Staff Attend - NAME OF STAFF

Yes - KayLee McKay, Comptroller

Department Recommendation

Department recommends the BoCC approves the previously agreed upon MOU's with County departments.

Attachments

Public Works - South Cloverdale  Riverside Park MOU  Juvenile Detention MOU

Inbox

KayLee McKay (Originator)

Form Review

Reviewed By Date

KayLee McKay 12/05/2024 03:24 PM

Form Started By: KayLee McKay Started On: 12/02/2024 02:40 PM

Final Approval Date: 12/05/2024

BOCC Agenda

Meeting Date: 12/17/2024

ARPA MOU Amendments

Submitted For: KayLee McKay

Department: Auditor

Subject and Summary Statement

Submitted By: KayLee McKay

Information

The board of County Commissioners previously approved MOU's with departments and a personal service agreement with Teresa Johnson CPA. These amendments are to extend those agreements to cover the remaining time left on the ARPA funding.

Will Staff Attend - NAME OF STAFF

Yes - KayLee McKay, Comptroller

Department Recommendation

Staff recommend the board approve the attached amendments to ensure all MOU's and personal service agreements are in a term length to cover the ARPA time period.

Attachments

Facilities MOU Amendment

PW Rock Creek Culvert MOU Amendment

PW Hazel Dell Road MOU Amendment

PW Westside Hwy MOU Amendment

IT MOU Amendment

Teresa Johnson, PSA

Form Started By: KayLee McKay

Form Review

Started On: 12/10/2024 08:47 AM

AMENDMENT NO. One to Personal Services Agreement ARPA -2024 Between Cowlitz County and Teresa D. Johnson, CPA Inc.

1. This Amendment No. ONE to Personal Services Agreement ARPA-2024 is between Cowlitz County, Washington (“COUNTY”), and Teresa D. Jonhson CPA, Inc. (“CONTRACTOR”), and it shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR .

2. COUNTY AND CONTRACTOR have entered into a Personal Services Agreement, to wit: Board agenda item AS-13260, approved and executed by the Board of County Commissioners on January 31, 2024 (the “Agreement” ). The Agreement will expire on December 31, 2024

3. COUNTY and CONTRACTOR are now in need of extending the Agreement until December 31, 2026 and changing the rate of pay starting January 1, 2025.

4. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties’ best interests and in furtherance of the purposes and intent of this amendment, as set forth below:

a. The term of the Agreement is extended to December 31, 202 6.

b. Attachment B COMPENSATION is modified to reflect that beginning January 1, 2025, the hourly rate for services is $263 per hour.

5. Except as provided above in this Amendment No. One, all terms, conditions, duties, obligations and provisions of the original Agreement shall remain in full force and effect.

The parties hereto have executed this agreement on this the day of December, 2024, and each signatory to this Amendment No. One 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

TERESA D. JOHNSON, CPA, Inc. OF COWLITZ COUNTY, WASHINGTON

By: Teresa D Johnson, President

ATTEST:

Clerk of Board

Richard Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

BOCC Agenda

Meeting Date: 12/17/2024

ARPA MOU - Public Works Direct Qualification

Submitted For: KayLee McKay

Submitted By: KayLee McKay Department: Auditor

Information

Subject and Summary Statement

The Board of Cowlitz County Commissioners received a request from Public Works for American Rescue Plan Act funding. The Board approved their requests of funding and has agreed to enter into an MOU's with the department to officially allocate the funding. Public Works was originally in a MOU for their direct qualification projects, this MOU supersedes the originals. The Auditor's office and Prosecuting Attorneys office collaborated on an MOU to cover all direct qualification projects awarded to Public Works after the boards request.

Will Staff Attend - NAME OF STAFF

Yes - KayLee McKay, Comptroller

Department Recommendation

Staff recommend the BoCC approve the previously approved MOU.

Attachments

Public Works - Direct Qualification

Inbox

Carolyn Fundingsland

Form Started By: KayLee McKay

Form Review

Reviewed By

Carolyn Fundingsland

Date

12/09/2024 09:54 AM

Started On: 12/05/2024 03:06 PM

BOCC Agenda

Meeting Date: 12/17/2024

Request for Emergency Contract or Purchase

Submitted For: Shelley Pierce, Risk Management

Submitted By: Shelley Pierce, Risk Management

Department: Risk Management

Subject and Summary Statement

Information

Request board approval and signatures-request for emergency contract or purchase due to flooding damage caused by roofing contractor.

Will Staff Attend - NAME OF STAFF or No

Shelley Pierce

Department Recommendation

Public Works

Fiscal Impact

Expenditure Required $: 105000.00

Budget Sufficient Y-N:

Amendment Required Y-N:

Source of Funds - What Dept ? : Risk Management

Grant Y-N: N

Attachments

Request for Emergency Contract or Purchase-Annex Building

Form Review

Form Started By: Shelley Pierce

Started On: 12/05/2024 02:35 PM

BOCC Agenda

Meeting Date: 12/17/2024

Consent Agenda Item for Continued Certification of Special District Levy & Budgets

Submitted For: Kathy Funk-Baxter

Submitted By: Taunya Richardson Department: Office of Financial Management

Information

Subject and Summary Statement

Pursuant to RCW 84.52.070, it is the duty of the Board of Commissioners of Cowlitz County to certify to the Assessor, Treasurer, and Auditor the amounts of taxes to be levied and assessed upon property within the county for County and Special Purpose Districts.

Will Staff Attend - NAME OF STAFF

Kathy Funk-Baxter, Finance Director

Department Recommendation

Staff recommends the Board certify to the Assessor, Treasurer, and Auditor the amounts of taxes for the county and for specific Special Purpose Districts.

Attachments

Levy Resolution

Exhibit F2 - Cemetery Districts

Exhibit H1 - Other

Form Started By: Taunya Richardson

Form Review

Started On: 12/10/2024 08:21 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Certification of Tax Levies ) ) RESOLUTION NO.

WHEREAS, property tax levies are the primary revenue source lor Cowlitz County and for the junior taxing districts coextensive within its borders; and

WHEREAS, this certification of the Board on tax levies provides authorization to the Cowlitz County Assessor to establish levy codes and generate tax statements for property owners; and

WHEREAS, the amounts of taxes for the county special districts and for specific junior taxing districts are set forth in the attached Exhibits B -I.

NOW, THERETOFORE, BE IT RESOLVED that the Board of County Commissioners of Cowlitz County does hereby certify the amounts of taxes for the county special districts and for specific junior taxing districts pursuant to RCW 84.52.070, and as set forth in the attached Exhibits B - I.

ADOPTED IN OPEN SESSION on December 17, 2024.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Dennis P. Weber, Commissioner

Attest:Arne Mortensen, Commissioner

Kelly Grayson, Clerk of the Board

Exhibit F-2 CEMETERY DISTRICTS

Ordinance / Rerolution No. t?),1

RCW 8455.120

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TIHEREAS. thc of (Govsnirg of ttc tqin8 di*id) has ma and considercd is hrdgcr fo. dre calad.r ycrl, !68 ; an4

Wf,ERDAS, lhe districrs actual levy amoum trom thc pevious year *"s S Vlq (?rsvir.rs yrds lsvy &rd) : 8n4

WEEREAS, the poErluion oftlri. di*ria is I mqe than or tstSg-tlg 10,fi]0; srd now, thcrefse, (Chcct mc)

BE IT RDSOLVED by the goveming body of dre axing distsict dur 8n inoease in the regular property tax levy

is hereby aufrorized fc drc kvy to be collec-ted in the J O)5 w y€ar. (Yca ofcollcction)

The dolla, amorml ofthe increase over lhe aaual levy amount fmm the prcvious year shall bc $ l(lg

wtich is a pcrceoragc incrcasc of I yo tom tte previous ycar. This incrcase is orclusive of (Pc.r!6gE hsarc)

sdditidal r€vc us rcsrhing from new construciorq improvements to propcfiy, n€wly consEuctod wLd tubincs, sohr, biooass, 8nd gDdtcrnsl 6ciliti€6, and any incrcase in lhe vslue of gare ass€ssed proF ty, any rnno(dions tha have ocornod rod rcfirnds made.

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Adopd 0tis day of De.at"l't( L. 14 lt..tdldoul dgtrautu .t! r.4....4r' pher rttrch eddltlord plgc.

This form or is aquivlbnt musl bc suhniaod o your munty asrorcor pior o thoir cahularion of thc prop.rty r&\ lcvL.s. A ccnifrcd hdgqllcvy Jqucl{,,.rryrila from this form lr o bo fflod widr tho County L:gislativo Authority m latcr than Novcrnbcr 3tr. Ar rcguirod by RCW t4.52.O20, thd filing oGrd66 lho total anount o bc lcvitd by dr rcguler propcrty or lcvy. Tlo Dcpamcot of Rcvoouo prwido 0to 't vy Cctifiodkm" form (REV 64 0100) for dris prposc. Thc form c.D br found st:

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U&sn,a8toi Store

Levy Certification

Submit this document, or somethlng slmllar, to the county ledslatlvs authofi on or before November 30 of the year preceding the year ln whlch the levy amounts are to be collected.

Courtesy copy may be provided to the county assessor.

This form is not designed for the certiffcatlon of levies under RCW U.52.O70.

ln accordance with RCW 84.52.020, I 14"r. Cans-f (None), &mrn,sf *lv-f (Title), fo( (Oistrid nome), do hereby certify to the (Nome ol county) County legislative authority that the f61"rrol rl 5io1gz! (Commlsslone6, Council, Bootd, etc./ of sald district requests that the following levy amounts be colleAed in )e5 (Yeor ol colleaion) as provided in the district's budSet, which was adopted Sollowing a public hearing held on (oote of publlc heoring). lar levies

Levy

Total cerdfied lerry reguest amount, which includes the amounts belowAdministrative refu nd amount

Non-voted bond debt amount

Totel cetdfied lerry rEqu6t amount, whlch includes the amounts below.

Administtadve refund amoutlt

tExamples of other levy tyPes maY lnclude €MS, school district transportafion, or construction levies. Examples of other amounts maY include levy error correction or adjudicated refund amount. Please include a de5crip6on en usinS 'bther" op6ons.

SlBnature: this document ln an format, To request or czll3fi-705{705. Teletyp€ (IW) users please

U 0100 (8123122l.

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Cowlitr County Assessor

CERITFICAIION OF VALUE for Cemetery Dbtrlct 0i fusessment Year 2024 Tax year 2025

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CETMED VAIUE FOR 2@ll ASSBSMEiTI:

HIGHE I l^wn,t uw cAtclruno }l!h.r lrrtd Lcl rhG. t$S:

9,183 r lott

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crconsrn dbo tr,741060 x I{arOnrtrY

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a/,ltllnft Ldyfua x 0.00000m000 0

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74l,.l$Br x 0.112500 + S1,o@ lotol DffiAv Stotlrtol ttb Roa. lttGHEI tAUrR t Ulry lor 2OtS p.rdu€|: t ga23

As grovid€d ln Rcw 84.69.r.80, a taritE disft mey lel,y for refirnds pdd to targayers, plus an anpunt fur at ated o( caicell€d tares, ofta by srpplarenal tc (see WAC 45&f9{BS for detalk}. AltlolEh a r€fund l€W is out de of the Regutar triry UmtL the 6nJ dlrtsict la.y canrpt €rceed the Slatlbry Matmum timlL

Fo. r'e U<nooth pc,tod OglO n02! - O7l3tn024

A,nount EltlbL for Refimd Lst f g 85 t, the dffi lnc,'.& b lqt fu o.efin4 h ',/o,i bc aCtW tM ot, the dtsnical1.,.t Cctdfi(,/ddt.

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fttit t&o b l,ifr nd bMp at|tr.,sf',dvlzh @tottodqE; yoo ato aot n d b r.tum tlts lotu wtth you. L{.,y c.rnfi@dott.b),nalli

Tari E dist ials lntcrdlng to coll€ct a lew hrough pmp€rty tares in 2025 murt rubotlt ccrdH L€vy to the Cosnty no later ttEn l@ 30-Zg!!! The rccomm€oded Oepartment of Revenue ,orm REV 61 0100 is lncluded with this report.

Tadlt dl5tt6 lntlndi]€ to ITICnEASE thelr levy over last year !! EArlI l,n Y CATAOTY must al5o submlt a separ.t! resotution or ordlnanca stedq thc doller aod p€rcent lncreaie thir reprEents orr€r the pdor year's actual ltry, e\,en i, it ls a 'rero, lrxrlase. Ihb :€cdoo b intendcd a3 a taflrdate to assln dirtrlcB ln the pr€pardbn o, iuch a do<um€nt.

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Revenues

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District

The Board ofthe qrfY\I,L<-. f)iln'c| r+ 3 nd corret copy of mocting held oru

o for calendai

Distrist, does hereby certify that the foregoing is a true 2025, adopted by the Commissioners of said District and ap,pcaring in the mimcs of 2024.

Chairman I -,r,_c- 1L2J*L Commis{loner Commissioner

Commissioner

Exhibit H-1 OTHER

BOCC Agenda

Meeting Date: 12/17/2024

Contract Execution: Armed Security Guard Services Agreement #2024-0023-01

Submitted For: Brad Thurman

Submitted By: Ashley Claussen Department: Sheriff

Information

Subject and Summary Statement

On November 12, 2024, the Board of County Commissioners voted to award agreement #2024-0023-01 for armed security guard services to Northwest Enforcement (AS-13821). The agreement has been signed and returned by the contractor and now requires final signature and execution.

Will Staff Attend - NAME OF STAFF No.

Department Recommendation

Staff recommends that the Board execute the agreement for armed security guard services with Northwest Enforcement, Inc.

Attachments

Agreement

Form Started By: Ashley Claussen

Form Review

Started On: 12/10/2024 11:09 AM

Meeting Date: 12/17/2024

AGREEMENT: AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT - Gibbs & Olson On-Call Water and Wastewater Engineering Services

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Emilie Cochrane, Public Works

Information

Attached is Amendment No. 2 to the Professional Services Agreement with Gibbs & Olson for On-Call Water and Waste Water Engineering Services.  Amendment No. 2 extends the contract termination date from December 31, 2024 to December 31, 2025.

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 Amendment No. 2 with Gibbs & Olson for On-Call Water and Waste Water Engineering Services.

Attachments

Amendment No. 2

Amendment No. 1

Original Agreement

Inbox

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Form Review

Reviewed By Date

Susan Eugenis

Mike Moss

12/10/2024 11:36 AM

12/10/2024 03:35 PM

Started On: 12/09/2024 11:26 AM

AMENDMENT NO. 2 to Cowlitz County Professional Services Agreement with Gibbs & Olson, Inc.

1. This Amendment No.2 to Agreement between Cowlitz County, Washington, (“COUNTY”), and Gibbs & Olson, Inc. (“CONTRACTOR”) shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR.

2. COUNTY AND CONTRACTOR have entered into an Agreement for professional services, to wit: Board agenda item AS-11941, approved and executed by the Board of County Commissioners on March 22, 2022, which compensation has a fixed fee for service not to exceed $200,000.

3. COUNTY AND CONTRACTOR have amended the Agreement with Amendment No. 1, to wit: Board agenda item AS-13298, approved and executed by the Board of County Commissioners on January 16, 2024, which extended the contract completion date to December 31, 2024.

4. COUNTY is now in need of extending its termination date to December 31, 2025, and CONTRACTOR is amenable to extending his/her professional services to COUNTY under the same terms and conditions of the original Agreement, and Amendment No. 1, and as set forth below.

5. Both COUNTY and CONTRACTOR agree to modify the original Agreement in the parties’ best interests and in furtherance of the purposes and intents of this amendment, as set forth below: a. Extending the expiration date to December 31, 2025.

6. Except as provided above in this Amendment No. 2, all terms, conditions, duties, obligations and provisions of the original Agreement, and Amendment No. 1 shall remain in full force and effect.

The parties hereto have executed this agreement on this ___ day of 2024 and each signatory to this Amendment No. 2 warrants that he/she is duly authorized and execute this Amendment for and on behalf of the below-inscribed parties hereto.

BOARD OF COUNTY COMMISSIONERS

CONTRACTOR: OF COWLITZ COUNTY, WASHINGTON

By:

Richard A. Gushman, President

Richard R. Dahl, Chairman (authorized by Bylaws to sign)

ATTEST:

Kelly Grayson, Clerk of Board

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

CONTRACT AMENDMENT FORM HAS BEEN APPROVED BY COWLITZ COUNTY PROSECUTING ATTORNEYS’ OFFICE

AMENDMENT NO. 1 to Cowlitz County Professional Services Agreement with Gibbs & Olson

1. This Amendment No. 1 to Agreement between Cowlitz County, Washington, (" COUNTY"), and Gibbs & Olson, Inc. (" CONTRACTOR") shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR.

2. COUNTY AND CONTRACTOR entered into an agreement for personal services, to wit: Board agenda item AS- 11941 approved and executed by the Board of County Commissioners on March 22, 2022, which compensation has a fixed fee for service not to exceed $ 200, 000.

3. COUNTY is now in need of extending the contract termination date to December 31, 2024 and CONTRACTOR is amenable to extending his/ her professional services to COUNTY under the same terms and conditions of the original Agreement and as set forth below.

4. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties' best interests and in furtherance of the purposes and intent of this amendment, as set forth below:

a. Extend the contract termination date to December 31, 2024.

b. Update CONTRACTOR' s Rate Schedule to the attached Exhibit B - 2024 Standard Rate Schedule.

S. Except as provided above in this Amendment No. 1, all terms, conditions, duties, obligations and provisions of the original Agreement and any prior Amendment(s) shall remain in full force and effect.

The parties hereto have executed this agreement on this 16th day of January 2024, and each signatory to this Amendment No. 1 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 OF GIBBS & OLSON, INC. COWLITZ COUNTY, WASHINGTON

ZZ,/ Q.

Print name: Richard A. Gushman

Title: President

CONTRACT AMENDMENT FORM HAS BEEN APPROVED BY COWLITZ COUNTY PROSECUTING ATTORNEYS OFFICE

oonslen. a by Kulu4 Valk, Richard R. Dahl, Chairman

A. Arne Mortenson, Commissioner

7w,uis P. Uk be r be11115h. Weber DocuSigned by:

ATTEST: go. by.' Kit4 Il47 Kelly Dombrowksy, Clerk odd

THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, ( hereinafter called " County" or " Cowlitz County") and Name: Gibbs & Olson

Address: PO Box 400 Longview, WA 98632

Phone N°: 360- 425- 0991 hereinafter called " Contractor").

This Agreement is comprised of:

Attachment A- Scope of Work

Attachment B - Compensation

Attachment C- General Conditions

Attachment D - Special Terms and Conditions and Retirement Status Form ( signature required)

Attachment E - ( specify)

copies of which are attached hereto and incorporated herein by this reference as if fully set forth.

The term of this Agreement shall commence on the 1st day of March 2022 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2023. ff IN WITNESS WHEREOF, the parties have executed this Agreement on this?? I day of ' l'et 2022.

CONTRACTOR:

BOARD OF COUNTY COMMISSIONERS COWLITZ COUNTY, WASH NGT N

1. 4 A./ V Gibbs & Olson Dennis P. Web ommisioner

Print name: Richard Gushman

Title: f'.PrS' O, T

Date: 3/ Z1 2022

Arne Mortensen, Commissioner - CO,

John Ja usch, Com issione

t--i- 1( a-1w-A---' ' erk e Bd CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

SCOPE OF WORK

The contractor agrees to complete the professional services work on the Cowlitz County, as described below ( or in the attached document), including the following elements:

Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the CONTRACTOR. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the COUNTY. The COUNTY is not obligated to assign any specific number of tasks to the CONTRACTOR, and the COUNTY' s and CONTRACTORS obligations hereunder are limited to tasks assigned in writing.

Task assignments made by the COUNTY shall be issued in writing by a formal Task Assignment Document. An assignment shall become effective when a formal Task Assignment Document is signed by the COUNTY and based on a proposal signed by the CONTRACTOR, except that emergency actions requiring a 24- hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a formal Task Assignment Document within ten working days, and any billing rates agreed to orally ( for individuals, subconsultants, or organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject to final negotiation and acceptance by the COUNTY.

In the event the Contractor, or its agents or assigns, are unable to complete their work as scheduled, the contract period and compensation may be adjusted by mutual agreement of the County and Contractor.

COMPENSATION

1. a. FIXED FEE FOR SERVICE: For services rendered, the County shall pay to the Contractor a fixed fee of DOLLARS ($ for the completed work set forth in Attachment" A.". Payments for completed tasks shall be made no more frequently than bi- monthly; quarterly; semi- annually; annually; at completion of project; other ( specify)

Each request for payment shall be supported by an invoice specifying the tasks completed up to the request for payment and the payment amount requested. In no event shall payment be sought in an amount which represents a percentage of the fee greater than the percentage of completed tasks.

OR

b. HOURLY RATES: For services rendered, the County shall compensate the Contractor at the following hourly rates:

Name/ Position

See attachment

Hourly Rate

Payments for completed tasks shall be made no more frequently than Z monthly; quarterly; semiannually; annually; at completion of project; other ( specify)

Each request for payment shall be supported by an invoice specifying: the name/ position of the Contractor' s employee if two or more are identified above; number of hours worked; completed tasks for which compensation is sought and; payment amount requested.

In no event shall Contractor be compensated in excess of$ 200, 000 DOLLARS for the completed work set forth in Attachment" A."

2. AND

a. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel, telephone, computer, copiers and the like.

OR

b. The County shall reimburse the Contractor for actual expenses incurred for travel, telephone, copiers and computer. Reimbursement for airfare, mileage, meals and/ or accommodations shall be at the same rate as that applicable to county employees traveling on county business.

OR

c. Other (specify) The County, in addition to the compensation herin set forth shall provide to the Contractor the following:

GENERAL CONDITIONS

1. Scope of Contractor' s Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein.

2. Accounting and Payment for Contractor Services. Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B. Unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.

3. Delegation and Subcontracting. Contractor' s services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager.

4. Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer/ employee or master/ servant.

The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment B and the Contractor is not entitled to any county benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington.

In the event that either the state or federal government determines that an employer/ employee or master/ servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed.

Notwithstanding any determination by the state or federal government that an employer/ employee or master/ servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees.

5. No Guarantee of Employment. The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future.

6. Regulations and Requirements. This Agreement shall be subject to all federal, state and local laws, rules, and regulations.

7. Right to Review. This contract is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. Such review may occur with or without notice, and may include, but is not limited to, on- site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six ( 6) years after

contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours.

8. Modifications. Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties.

9. Termination for Default. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U. S. Mail, postage prepaid, terminate the contract, and at the County' s option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract. Any extra cost or damage to the County resulting from such default( s) shall be deducted from any money due or coming due to the Contractor. The Contractor agrees to bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default.

If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.

10. Termination for Public Convenience. The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County.

11. Termination Due to Insufficient Funds. If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate this contract upon thirty ( 30) days written notice to the Contractor. No penalty or expense shall accrue to the County in the event this provision applies.

12. Termination Procedure. The following provisions apply in the event that this Agreement is terminated:

a) The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any.

b) The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination.

c) If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability.

13. Defense and Indemnity Agreement. The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due

to the negligence of the Contractor, his/ her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein.

The County agrees to defend, indemnify and save harmless the Contractor, its appointed and elected officers, agents and employees, from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the Contractor, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the County, its subcontractors, its successor or assigns, or its or their agent, servants, or employees, the Contractor, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the Contractor, its appointed or elected officials or employees. It is further provided that no liability shall attach to the Contractor by reason of entering into this contract, except as expressly provided herein.

14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

15. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this 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.

16. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten ( 10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/ or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: ( 1) cure any failure or default, ( 2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, ( 3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this clause.

17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw.

18. Contractor Commitments, Warranties and Representations. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

19. Patent/ Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor' s alleged infringement on any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following:

a) That Contractor shall be notified promptly in writing by County of any notice of such claim.

b) Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County.

20. Disputes:

a) General. Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty ( 30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen ( 15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered.

b) Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for ( 1) any act or failure to act by the County Project Manager or the County, or ( 2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten ( 10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional.

c) Detailed Claim. The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty ( 30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County,

the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due.

21. Ownership of Items Produced and Public Disclosure. All writings, programs, data, art work, music, maps, charts, tables, illustrations, records or other written, graphic, analog or digital materials prepared by the Contractor and/ or its consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the County and constitute work made for hire" as that phrase is used in federal and/ or state intellectual property laws and Contractor and/ or its agents shall have no ownership or use rights in the work. Except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply:

a) Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42. 56 RCW ( Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract.

b) Should County receive a request for disclosure, County agrees to provide Contractor ten ( 10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney' s fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42. 56 RCW, shall be provided to Contractor according to the " Notice" provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect ( a) the County' s ability to use goods and services provided under this Contract or ( b) the Contractor obligations under this Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

c) Contractor' s failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys' fees, and/ or any other expenses as a result of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms " public records" and " agency" shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement.

22. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work ( Attachment A). In the event that the Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manager's sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform.

Interest shall accrue at the rate of 12 percent ( 12%) per annum from the time the County Project Manager demands repayment of funds.

23. Project Approval. The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager. For purposes of this Agreement, the County Project Manager is:

Name: Patrick Harbison

Title: Utilities Manager

Department: Public Works

Address: 1600 — 13th Avenue S. Kelso, WA 98626

Telephone: 360- 577- 3030 ext. 6536

E- mail: harbisonp@co. cowlitz. wa. us

Fax: 360- 636- 0845

In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor' s right to appeal that decision as provided herein.

24. Non- Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap.

25. Subcontractors. In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontracts entered into, County is named as an express third- party beneficiary of such contracts with full rights as such.

26. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties.

27. Standard of Care. The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard.

28. Time is of the Essence. Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work.

29. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page.

30. Severability. If any term or condition of this contract or the application thereof to any person( s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable.

31. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:

a) Applicable federal, state and local statutes, ordinances and regulations;

b) Scope of Work ( Attachment A) and Compensation ( Attachment B);

c) Special Terms and Conditions ( Attachment D); and

d) General Conditions ( Attachment C).

32. Waiver. Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.

33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees.

34. 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.

35. Survival. Without being exclusive, Paragraphs 4, 7, 13- 19, 21- 22 and 30- 35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.

36. Entire Agreement. This written contract represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein.

SPECIAL TERMS AND CONDITIONS AND RETIREMENT STATUS FORM

1. Reporting. The Contractor shall submit written progress reports to the County Project Manager as set forth below:

With each request for payment.

Monthly.

Quarterly.

Semi- annually.

Annually.

Project completion.

Other ( specify) As requested by County Project Manager

Progress reports shall include, at a minimum, the following: Reports shall include any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope of Work, if any. Payments may be withheld if reports are not submitted.

2. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor 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 be provided:

COMPREHENSIVE GENERAL LIABILITY:

Bodily injury, including death. 1, 000,000 per occurrence Property damage 1, 000, 000 per occurrence

ERRORS AND OMISSIONS or PROFESSIONAL

LIABILITY with an Extended Reporting Period

Endorsement ( two year tail). 1, 000, 000 per occurrence

WORKERS COMPENSATION: Statutory amount

AUTOMOBILE: coverage on owned, non- owned, rented and hired vehicles

Bodily injury, liability, including death 1, 000, 000 per occurrence Property damage liability

000, 000 per occurrence

All Contractor' s and Contractor' s subcontractors' insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non- contributory. 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. All Contractor' s and Contractor' s subcontractors' liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Contractor shall provide a full and complete certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer' s financial condition or licensing status in Washington. Any deductibles and/ or self- insured retentions exceeding $ 10, 000, stop loss provisions, and/ or exclusions contained in such policies must be approved by the County in writing. For any deductibles or self- insured retentions exceeding $ 10, 000 or any stop- loss provisions, the County shall have the right to request and review the Contractor's most recent annual financial reports and audited financial statements as a condition of approval.

Contractor hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor' s and Contractor' s subcontractors' insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and subcontractor, and all coverage shall be primary and non- contributory. A statement or notation of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [ This endorsement shall not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, selfinsured retentions and endorsements and which is conditioned upon the County receiving thirty ( 30) days prior written notice of reduction in coverages, cancellation or non- renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: Risk Manager, Cowlitz County Administrative Svc., 207 4th Ave. N., Kelso, WA 98626. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and self- insured retentions for policies maintained under this Agreement shall be paid by the Contractor.

Compensation and/ or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor' s strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non- compliance. Upon receipt of evidence of Contractor' s compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims- made policy, the Extended Reporting Period Endorsement is not required.

3. Liquidated Damages. For delays in timely completion of the work to be done or missed milestones of the work in progress, the Contractor shall be assessed Dollars ($ per day as liquidated damages and not as a penalty because the County finds it impractical to calculate the actual cost of delays. Liquidated damages will not be assessed for any days for which an extension of time has been granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire project.

4. Other ( specify)

COUNTY RETAINS THIS FORM

Individual contractors and service providers must complete and sign

5. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [ WAC 415- 02- 110; DRS Email 13- 011; DRS Email 09- 001]

SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS:

Did you retire from one of the State of Washington Retirement Systems? YES NO

Did you retire before age 65 using the 2008 early retirement factors ( ERF)? YES NO

Will you be receiving direct compensation for your services?

Will you be receiving indirect compensation for your services?

CONTRACTOR ( Full, individual name of contractor):

Signature:

Social Security No. : Date:

SECTION 2: COUNTY HUMAN RESOURCES DEPARTMENT COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES:

Use Member Reporting Verification ( MRV) to verify the past retirement membership]

1. Contractor has been a member of a Washington State Retirement System YES NO If YES, what system and plan?

2. Is the contractor a retiree of a Washington State Retirement System? Yes No

3. Did the contractor retire before age 65 using the 2008 ERF? Yes No

I have verified the information above using MRV or by contacting DRS, and I have evaluated the individual Contractor, Independent Contractor or Service Provider under WAC 415- 02- 110 and/ or DRS Form- MS 344 R 5/ 09), and the Internal Revenue Service rules governing independent contractor status.

COUNTY OFFICIAL/ DEPARTMENT REPRESENTATIVE:

Signature: Date:

1600— 13th Avenue South

Kelso, WA 98626

TEL ( 360) 577- 3030

FAX ( 360) 636- 0845

7SHJNG °

March 24, 2022

Richard Gushman, PE

Gibbs & Olson

PO Box 400

Longview, WA 98632

SUBJECT: General Water/ Sewer Engineering Services Professional Services Agreement

Dear Mr. Gushman:

On March 22, 2022, the Board of County Commissioners executed the Professional Services Agreement with your firm for On Call Water and Wastewater Engineering Services. Enclosed is one fully executed original for your records.

We look forward to working with you on our projects. If you have any questions or comments pertaining to this information, please contact Patrick Harbison at (360) 577- 3030, ext. 6536 or at HarbisonP@co. cowlitz. wa. us.

Sincerely,

CAROL SIDES

Administrative Assistant III

Enclosures

BOCC Agenda

Meeting Date: 12/17/2024

AGREEMENT - Supplemental Agreement No. 2 - Energyneering Solutions LLC - As-Needed Landfill Gas Engineering Services

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Emilie Cochrane, Public Works

Information

Attached is Amendment No. 2 to the Professional Services Agreement dated March 8, 2022, with Energyneering Solutions, LLC, for as-needed landfill gas engineering services. The purpose of this Supplemental Agreement is to increase the maximum amount payable by $100,000 to a new maximum of $350,000, and extend the expiration date to December 31, 2025, to cover ongoing and upcoming work.

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 Amendment No. 2 to the Professional Services Agreement with Energyneering Solutions, LLC, and authorize the amendment to be executed.

Fiscal Impact

Expenditure Required $: 100,000

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? :

Grant Y-N:

Amendment No. 2

Amendment No. 1

Original Agreement

Inbox

Roger Maurer

Emilie Cochrane

Roger Maurer

Susan Eugenis

Mike Moss, Public Works

Attachments

Form Review

Reviewed By Date

Emilie Cochrane

12/10/2024 02:37 PM

Roger Maurer 12/10/2024 03:02 PM

Susan Eugenis 12/10/2024 03:38 PM

Mike Moss

12/12/2024 10:44 AM

Started On: 12/09/2024 12:30 PM

Meeting Date: 12/17/2024

AMENDMENT No. 2 to Professional Services Agreement - Windsor Engineers - Camelot LOSS Replacement

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Emilie Cochrane, Public Works

Information

Attached is Amendment No. 2 to the Professional Services Agreement with Windsor Engineers for the Camelot Large On Site Septic System (LOSS) replacement project.  The purpose of the amendment is to extend the expiration date to December 31, 2025, and to increase the not to exceed amount by $21,300 due to additional services needed for construction assistance work and for plan changes.

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 Amendment No. 2 to the professional services agreement with Windsor Engineers, increasing the amount of the agreement by $21,300 for a total of $109,800.

Fiscal Impact

Expenditure Required $: 21,300

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? :

Grant Y-N:

Amendment No. 2

Amendment No. 1

PSA - Windsor

Inbox

Chris Andrews

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Attachments

Form Review

Reviewed By Date

Chris Andrews 12/10/2024 03:10 PM

Susan Eugenis 12/10/2024 03:38 PM

Mike Moss 12/12/2024 10:44 AM

Started On: 12/10/2024 02:45 PM

AMENDMENT NO. 2 to Cowlitz County Personal Services Agreement with Windsor Engineers

1. This Amendment No. 2 to Agreement between Cowlitz County, Washington, (“COUNTY”), and Windsor Engineers. (“CONTRACTOR”) shall take effect and be in force as of December 31, 2023, as agreed to by COUNTY and CONTRACTOR

2. COUNTY AND CONTRACTOR have entered into an Agreement for personal services, to wit: Board agenda item AS-12193 approved and executed by the Board of County Commissioners on August 2, 2022, which TERMINATED on DECEMBER 31, 2023.

3. COUNTY AND CONTRACTOR have amended the Agreement with Amendment No. 1, to wit: Board agenda item AS-12907, approved and executed by the Board of County Commissioners on July 11, 2023, which increased the Compensation from $88,500 to an authorized amount of $109,800.

4. COUNTY is now in need of continuing professional services under the original Agreement and Amendment #1, and CONTRACTOR is amenable to extending his/her personal services to COUNTY under the same terms and conditions of the original Agreement, and as set forth below.

5. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties’ best interests and in furtherance of the purposes and intent of this amendment, as set forth below:

a. Increasing the authorized amount by $21,300 from $88,500 to $109,800, to complete work detailed in attached Additional Services letter dated November 18, 2024.

b. Revising the termination date to December 31, 2025.

6. Except as provided above in this Amendment No. 2, all terms, conditions, duties, obligations and provisions of the original Agreement and any prior Amendment(s) shall remain in full force and effect.

The parties hereto have executed this agreement on this day of , 2024, and each signatory to this Amendment No. 2 warrants that he/she is duly authorized and executes this Amendment for and on behalf of the below-inscribed parties hereto.

CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON:

Richard R. Dahl, Chairman

Print Name: Travis Tormanen

Title:

Date: Arne Mortensen, Commissioner

ATTEST:

Kelly Grayson, Clerk of the Board

Dennis P. Weber, Commissioner

November 18, 2024

Mr. Chris Andrews

Senior Engineer

AndrewsC@cowlitzwa.gov

Ms. Susan Eugenis

County Engineer

Cowlitz County 1600 13th Avenue S Kelso, WA 98626

Eugeniss@cowlitzwa.gov

Project: Cowlitz County

Camelot LOSS Replacement

Engineering Consulting Services – Additional Services

Ladies and Gentlemen,

Windsor Engineers (Windsor) is pleased to provide you with the attached additional services scope for the Camelot LOSS replacement project. There have been some additional impacts in dealing with the State Department of Health (DOH) through the report and plan development process based on staffing impacts as well as the training of new staff. There have been some impacts that Windsor has encountered and that have extended the work effort with DOH (resulting in additional communication review time and project delay), compared to the original Scope of Services. We have listed those items that were difficult to assess below.

Original Scope of Services

Task 1 – Information Gathering and Project Management

 Windsor will gather applicable information. Information needed could include (but not be limited to):

o Record drawings of existing LOSS and collection system.

o Area water records

o DMRs or annual operating reports

o Any notices or violations received from the Washington Department of Health

o Interview operation staff

o Communication contacts – local cell service capability – anticipated only using carrier that CC used but requested to research all carriers. Also looked at hard wire options

Task 2 – Determine Scope of Work

 No items of note on this task

Task 3 – Prepare a preliminary design for treatment. Develop 50% design plan.

 No items of note on this task.

Task 4 – Produce and submit a predesign report to the Washington DOH.

 Windsor will complete a predesign report that identifies options, recommendations, and timelines to address anticipated concerns and statutory requirements.

 Multiple report submittals (original scope was for a single submittal after County review – 9/23, 1/2/24, 1/4/24), two meetings and currently, a new application and operating permit has been required (4/18/24). DOH requested justification for entire system design. DOH response delays resulted in multiple stop and go efforts. DOH required ‘new reports’ even though this was a replacement project (WAC 246-272B-02550) which is a much more streamlined process

Task 5 – Produce 90% plans based on DOH responses and County review.

 No items of note on this task.

Task 6 – Produce final plans and specs for bidding based on County review.

 No items of note on this task.

Task 7 – Produce Final report for DOH.

 Only item is as discussed in Task 4.

Task 8 – Provide Bidding Support

 No additional work anticipated. Windsor will support the bidding process providing answers to questions and addendums, if necessary. It is anticipated that the bid support will be limited to one (1) addendum. Windsor will not be involved with the bid opening or bid review within this scope.

Task 9 – Produce O&M Manual for submittal to DOH

 No additional work anticipated. Windsor will complete the required O&M Manual for County submittal to DOH.

Construction Support

The State requires inspection by certified septic installers as well as specific inspection of the cast-inplace (CIP) concrete tank, system design, and start up and the existing drainfield abandonment. The original discussion was that the County would perform all of these activities; however, based on the WAC, our recommendation would include:

 Ek Engineering (Septic designer inspection – $6,000)

 Windsor Engineers Inspection (Engineer of Record) - $ 5,000 no change – this actually seems low

 Visits/inspections have been projected at 2-hour travel and 2-hour site inspection per visit

 WAC 246-272B-05100 states

o (1) Conduct inspections to: (a) Verify LOSS construction and materials conform with approved plans and specifications; and (b) Collect data for the record drawings. County perform

o (2) Inspect the following: (a) Poured-in-place sewage tanks construction; (b) Installation of proprietary and public domain treatment and dispersal components; (c) Installation of LOSS components in difficult conditions including, but not limited to, steep slopes and shallow soils; and (d) Placement of sand or other fill material. (3) Conduct or witness LOSS component testing to verify that all results fall within acceptable limits: (a) Water tightness testing of all tanks under WAC 246-272B-05200; and (b) Pressure testing of all new collection and conveyance piping according to an acceptable industry standard; and either (c) Pressure and flow testing of the subsurface drip system to verify it functions properly prior to scheduling a LOSS final inspection by the department; or (d) Pressure testing of the drainfield to verify it functions properly prior to scheduling a LOSS final inspection by the department. (4) Record baseline pressure and flow information and provide passing results to the department during the final inspection. WAC 246-272B-05100 - 1&2 by County; 3&4 by consultant.

 WAC 246-272B-05200 – Water tightness – WAC stated design engineer verification vs Authorized Representative

 WAC 246-272B-05300 – Department final inspection allows some leniency if Engineer has verified/witnessed improvements

Project Schedule

 For the purpose of this proposal, it is assumed that Windsor will work within the following timeframe.

o Project document review by County June 2024

o New application submitted to DOH by Windsor June 2024

o Advertisement by County July 2024

o Bid Opening by County September 2024

o Bid Execution by City September 2024

o Construction October 2024 – January (2025)

 Timelines will be shifted if the project starts later. Schedule to be revised based on discussion and agreement between Parties.

Professional Fees

Windsor Engineers will be compensated on a time and materials basis as described below. Windsor reserves the right to transfer unused budget between tasks.

Invoices will be submitted at the end of each month to show progress. Payment is due within 30 days of the invoice date.

Note: No markup on rates has been added to the requested costs.

Agreement

We look forward to working with Cowlitz County and supporting your needs.

This proposal is valid for sixty (60) days from the date of submittal. Thank you for the opportunity!

Windsor Engineers

Cowlitz County

Proposed by: Accepted by:

Travis Tormanen, PE Partner

Name and Title

Date

Terms and Conditions

PAYMENT. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at one percent per month. Recipient shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if recipient fails to pay for the Services when due, Windsor Engineers has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

TERM. This Contract will terminate automatically upon completion by Provider of the Services required by this Contract.

CONFIDENTIALITY. Provider, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Recipient of these confidentiality obligations which allows Provider to disclose Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract: a. The failure to make a required payment when due. b. The insolvency or bankruptcy of either party. c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or

unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

STANDARD OF CARE. Consultant shall perform its services consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances. Notwithstanding any clause in this Agreement to the contrary, Consultant expressly disclaims all express or implied warranties and guarantees with respect to the performance of services.

OWNERSHIP AND USE OF DOCUMENTS. The Drawings, Specifications and other documents prepared by the Consultant, and copies thereof furnished to the Owner, Architect, Contractors, Subcontractors, or Construction Manager, are for use solely with respect to this Project. They are not to be used on other projects, or for additions to this Project outside the scope of the Work, without the specific written consent of the Consultant.

CONSEQUENTIAL DAMAGES. Notwithstanding anything to the contrary elsewhere in this Agreement or provided for under any applicable Law, no Party will be liable to the other Party, either in contract or in tort, for any consequential, incidental, indirect, special, or punitive damages of the other Party, including business interruption, loss of future revenue, profits or income, diminution in value or loss of business reputation or opportunity, relating to the breach or alleged breach hereof or otherwise

LIMITATION OF LIABILITY. To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant, Consultant’s officers, directors, partners, employees, agents, and subconsultants, to Client, and anyone claiming by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total project compensation received by Consultant.

INDEMNIFICATION. Consultant will defend, indemnify, and hold the Client harmless from claims and liabilities arising out of third-party claims for bodily injury (including death) and damage to tangible property but only to the extent caused by a negligent act of Consultant. No negligence shall be attributed to Consultant based on any acts or omissions of Client’s contractors or other consultants.

AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

GOVERNING LAW. This Contract shall be construed in accordance with the laws of the state or jurisdiction in which the work is performed.

NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

Meeting Date: 12/17/2024

AMENDMENT No. 2 to Professional Services Agreement - Gibbs & Olson - Woodbrook Wastewater Treatment Plant Evaluation

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Lynn Ruffe, Public Works

Information

Attached is Amendment No. 2 to the professional services agreement with Gibbs & Olson, approved on January 3, 2023, to provide alternatives to replace the current Woodbrook Wastewater Treatment Plant.  This amendment is to extend the contract completion date from December 31, 2024 to December 31, 2025..

Will Staff Attend - NAME OF STAFF or No

Y

Department Recommendation

It is the recommendation of the Department of Public Works to approve Amendment No. 2 to the professional services agreement with Gibbs & Olson for engineering services related to finding alternatives for the Woodbrook Wastewater Treatment Plant.

Attachments

Amendment No. 2 to PSA

Amendment No. 1 to PSA  PSA Gibbs & Olson

Inbox

Susan Eugenis

Mike Moss, Public Works

Form Started By: Lynn Ruffe

Form Review

Reviewed By Date

Susan Eugenis 12/10/2024 11:36 AM

Mike Moss 12/10/2024 03:35 PM

Started On: 12/09/2024 11:40 AM

AMENDMENT NO. 2 to Cowlitz County Professional Services Agreement with Gibbs & Olson, Inc.

1. This Amendment No.2 to Agreement between Cowlitz County, Washington, (“COUNTY”), and Gibbs & Olson, Inc. (“CONTRACTOR”) shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR.

2. COUNTY AND CONTRACTOR have entered into an Agreement for professional services, to wit: Board agenda item AS-12501, approved and executed by the Board of County Commissioners on January 3, 2023, which compensation has a fixed fee for service not to exceed $239,000.

3. COUNTY AND CONTRACTOR have amended the Agreement with Amendment No. 1, to wit: Board agenda item AS-12908, approved and executed by the Board of County Commissioners on July 11, 2023, which increased the not to exceed amount to $340,400 and extended the contract completion date to December 31, 2024.

4. COUNTY is now in need of extending its termination date to December 31, 2025 and CONTRACTOR is amenable to extending his/her professional services to COUNTY under the same terms and conditions of the original Agreement, and Amendment No. 1, and as set forth below.

5. Both COUNTY and CONTRACTOR agree to modify the original Agreement in the parties’ best interests and in furtherance of the purposes and intents of this amendment, as set forth below:

a. Extending the expiration date to December 31, 2025.

6. Except as provided above in this Amendment No. 2, all terms, conditions, duties, obligations and provisions of the original Agreement, and Amendment No. 1 shall remain in full force and effect.

The parties hereto have executed this agreement on this ___ day of_________ 2024 and each signatory to this Amendment No. 2 warrants that he/she is duly authorized and execute this Amendment for and on behalf of the below-inscribed parties hereto.

BOARD OF COUNTY COMMISSIONERS

CONTRACTOR: OF COWLITZ COUNTY, WASHINGTON

By:

Richard A. Gushman, President

Richard R. Dahl, Chairman (authorized by Bylaws to sign)

ATTEST:

Kelly Grayson, Clerk of Board

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

CONTRACT AMENDMENT FORM HAS BEEN APPROVED BY COWLITZ COUNTY PROSECUTING ATTORNEYS’ OFFICE

Meeting Date: 12/17/2024

RESOLUTIONS - Set Order & Levy - Lexington Flood Control Zone District.

Submitted For: Susan Eugenis, Public Works

Submitted By: Lynn Ruffe, Public Works Department: Public Works

Information

Subject and Summary Statement

The attached resolution is the final step in the budget process for the Lexington Flood Control Zone District.  The 2025 budget resolution has already been approved and executed by the Board of Supervisors under Resolution No. 24-087.  The resolution establishing the Order and Levy is attached.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works and Lexington Flood Control Zone District Supervisors that the Board move to approve and execute the Order and Levy.

Attachments

Reslution to set order & levy  2025 Executed Budget

Inbox

Susan Eugenis

Mike Moss, Public Works

Form Started By: Lynn Ruffe

Form Review

Reviewed By Date

Susan Eugenis

Mike Moss

12/10/2024 11:36 AM

12/10/2024 03:35 PM

Started On: 12/10/2024 08:56 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of the Order & Levy for the ) Year 2025 for LEXINGTON FLOOD CONTROL ) RESOLUTION NO. _______________

ZONE DISTRICT (UPPER AND LOWER) ) of Cowlitz County, Washington )

WHEREAS, the Board of Supervisors of Lexington Flood Control Zone District of Cowlitz County, Washington, have filed with the Board of County Commissioners of Cowlitz County, Washington, a budget in writing of the amount required for the operation, maintenance, and improvements of said district for the fiscal year 2025; and,

WHEREAS, the undersigned Board having carefully examined said budget, and it appearing to the Board that the items of expense shown therein are reasonable and proper items of expense.

NOW, THEREFORE, IT IS HEREBY ORDERED that a service charge be made in the sum of $1,796,640 upon all property within the lowland portion of the district, and a service charge in the sum of $72,416 upon all property within the upland portion of the district and against the State of Washington, Cowlitz County, and the cities, towns, and other municipal corporations within said district in respect of all lands, improvements and facilities chargeable therewith owned by them respectively within said district for the maintenance of the district's system of improvements for the calendar year 2025

IT IS FURTHER ORDERED that such service charges are made on the basis of the latest certified valuations as determined by the County Assessor to all the properties within said district and on file in the records of the County.

IT IS FURTHER ORDERED that such service charges shall be certified by the Auditor of Cowlitz County to the Treasurer of Cowlitz County who shall extend the same upon the assessment roll of said district and collect the same in the manner required by law in the calendar year 2025.

DATED this 10th day of December 2024.

ATTEST:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl,

Chairman

Kelly Grayson Clerk of the Board Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

Meeting Date: 11/ 26/ 2024

RESOLUTION: CERTIFYING THE 2025 BUDGET - Lexington Flood Control Zone District

Submitted For: Susan Eugenis, Public Works

Submitted By: Lynn Ruffe, Public Works Department: Public Works

Information

Subject and Summary Statement

The attached Resolution is the final step in the budget process for Lexington Flood Control District. The 2025 Budget Resolution has been approved and executed by the Board of Supervisors under their Resolution No. 24- 03 and is presented to the Board of County Commissioners for certification.

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 certify the 2025 budget for Lexington Flood Control Zone District and execute the Resolution.

Attachments

LFCZD Final Budget

Form Review

Inbox Reviewed By Date

Susan Eugenis

Mike Moss, Public Works

Form Started By: Lynn Ruffe

Started On: 11/ 07/2024 06: 46 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Fixing the 2025 Budget for the LEXINGTON FLOOD CONTROL

CERTIFYING THE 2025 BUDGET ZONE DISTRICT( UPPER AND LOWER) of Cowlitz County, Washington

WHEREAS, the Board of Supervisors of the Lexington Flood Control Zone District of Cowlitz County, Washington, does hereby adopt, approve, and recommend to the Board of County Commissioners of Cowlitz County, Washington, that the attached budget be certified and adopted for and on behalf of the Lexington Flood Control Zone District of Cowlitz County for the fiscal year 2025.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Cowlitz County, Washington, that the budget of Lexington Flood Control Zone District of Cowlitz County, Washington, for the fiscal year 2025 be fixed and determined in sums and amounts as attached.

RESOLUTION NO. 24- 03

ADOPTED this 4th day of November, 2024.

BOARD OF SUPERVISORS OF LEXINGTON

RESOLUTION NO. 2 } u 7

DATED this 26th day ofNovember, 2024.

BOARD OF COUNTY COMMISSIONERS FLOOD CONTROL ZONE DISTRICT OF COWLITZ COUNTY, WASHINGTON F C LIT NTY, ASHIN N

Michael Dyer, Chairman

Richard R. Dahl, Chaim in

Al' TES`

Arne Mortensen Cam issioner

LynA uffe, Administ ti fe Assistant III

Dennis P. Weber, Commissioner

Lexington Flood Control Zone District

Final Budget FUND: LEXINGTON FLOOD CONTROL ZONE DISTRICT NUMBER: 68801

Lexington

Control Zone District

Lexington Flood Control Zone District

FUND: LEXINGTON FLOOD CONTROL ZONE DISTRICT NUMBER: 68801

BOCC Agenda

Meeting Date: 12/17/2024

APPROVAL OF EXPENDITURES – Drainage Improvement District No. 1 – October 2024 Vouchers

Submitted For: Susan Eugenis, Public Works

Submitted By: Emilie Cochrane, Public Works Department: Public Works

Information

Subject and Summary Statement

On December 5, 2024, the Supervisor for Drainage Improvement District No. 1 ratified payments of the expenses incurred in October 2024 for $14,254.64.  Attached is the Voucher Ratification outlining said expenses. These expenses are included in the 2024 Budget.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

Drainage Improvement District No. 1 recommends approval of the October 2024 ratification of the vouchers in the total amount of $14,254.64.

APPROVED this         day of                         , 2024.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

Attest:_______________________________              Kelly Grayson, Clerk of the Board

Fiscal

Expenditure Required $: 14,254.64

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Drain 1

Grant Y-N: N

Impact

Voucher Ratification - October 2024

Attachments

Form Review

Inbox Reviewed By Date

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Susan Eugenis

Mike Moss

12/10/2024 11:37 AM

12/10/2024 03:35 PM

Started On: 12/10/2024 09:15 AM

BOCC Agenda

Meeting Date: 12/17/2024

Affidavit of Posting Resume for the month of October 2024

Submitted For: Pervie Nancy Reed

Submitted By: Pervie Nancy Reed Department: Commissioners Office

Information

Subject and Summary Statement

Affidavit of Posting Resume for the Month of October 2024

Will Staff Attend - NAME OF STAFF

Department Recommendation

Affidavit of Posting Resume'

Form Started By: Pervie Nancy Reed

Attachments

Form Review

Started On: 12/10/2024 01:52 PM

BOCC Agenda

Meeting Date: 12/17/2024

Affidavit of Posting Resume for the month of November 2024

Submitted For: Pervie Nancy Reed

Submitted By: Pervie Nancy Reed Department: Commissioners Office

Information

Subject and Summary Statement

Affidavit of Posting Resume for the Month of November 2024

Will Staff Attend - NAME OF STAFF

Department Recommendation

Affidavit of Posting Resume'

Form Started By: Pervie Nancy Reed

Attachments

Form Review

Started On: 12/10/2024 01:55 PM

BOCC Agenda

Meeting Date: 12/17/2024

FERC Notice 12/10/24 Dam Safety Inspection Report

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Clerk of the Board

Subject and Summary Statement

Information

Federal Energy Regulatory Commission (FERC) Notice dated 12/10/2024 regarding the Dam Safety Inspection Report.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Notice

Form Started By: Kelly Grayson

Final Approval Date: 12/11/2024

Attachments

Form Review

Started On: 12/11/2024 08:48 AM

BOCC Agenda

Meeting Date: 12/17/2024

FERC Notice 11/25/24 Public Alert and Warning Systems Installation Plan and Schedule, Merwin Project

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Clerk of the Board

Subject and Summary Statement

Information

Federal Energy Regulatory Commission (FERC) Notice dated 11/25/2024 regarding the Public Alert and Warning Systems Installation Plan and Schedule, Merwin Project.

Will Staff Attend - NAME OF STAFF Department Recommendation

Notice

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 12/11/2024 08:50 AM Final Approval Date: 12/11/2024

BOCC Agenda

Meeting Date: 12/17/2024

Signed ESD 112 PSA Contract Truancy Youth

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Clerk of the Board

Subject and Summary Statement

Information

Signed Personal Services Agreement with the Education Service District 112 (ESD 112) to provide an intervention program for youth with a truancy court petition. The total cost is $144,000 from July 1, 2024, until June 30, 2025.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Personal Services Agreement

Form Started By: Kelly Grayson

Final Approval Date: 12/11/2024

Attachments

Form Review

Started On: 12/11/2024 08:53 AM

Certificate Of Completion

Envelope Id: 76B02487-DBB6-41A2-8FE7-93A9F4E6BF5E

Subject: ESD 112 PSA CONTRACT

Source Envelope:

Document Pages: 13

Certificate Pages: 5

Signatures: 4

Initials: 0

Status: Completed

Envelope Originator:

Stamps: 1 , WA 98626 cowlitz@cowlitzwa.gov

IP Address: 65.183.210.194

Cowlitz County Clerk Of the Board AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada)

Record Tracking

Status: Original 12/4/2024 4:02:10 PM

Holder: Cowlitz County Clerk Of the Board cowlitz@cowlitzwa.gov

Location: DocuSign

Signer Events Signature Timestamp

Arne Mortensen mortensena@cowlitzwa.gov

Security Level: Email, Account Authentication (None)

Electronic Record and Signature Disclosure: Accepted: 12/4/2024 4:47:31 PM ID: 7d312540-2438-4dff-a2f8-b538812a3ade

Dennis Weber weberd@cowlitzwa.gov

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 24.22.100.23

Signature Adoption: Pre-selected Style Using IP Address: 65.183.210.194

Sent: 12/4/2024 4:04:13 PM

Viewed: 12/4/2024 4:47:31 PM

Signed: 12/4/2024 4:47:38 PM

Sent: 12/4/2024 4:04:14 PM

Resent: 12/9/2024 12:52:48 PM

Viewed: 12/9/2024 3:15:15 PM

Signed: 12/9/2024 3:16:01 PM

Electronic Record and Signature Disclosure: Accepted: 12/13/2023 2:17:09 PM ID: 4bbae5c0-ab12-40e4-9989-bbef8b3c924a

Kelly Grayson graysonk@cowlitzwa.gov

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 65.183.210.194

Sent: 12/4/2024 4:04:15 PM

Viewed: 12/4/2024 4:06:43 PM Signed: 12/4/2024 4:07:33 PM

Electronic Record and Signature Disclosure: Accepted: 12/4/2024 4:06:43 PM ID: c5249905-e047-4f55-91d4-7c61e35ea1c0

Richard Dahl

dahlr@cowlitzwa.gov

Chairman

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 65.183.210.194

Sent: 12/4/2024 4:04:14 PM

Viewed: 12/5/2024 11:02:49 AM Signed: 12/5/2024 11:03:01 AM

Signer Events Signature

Electronic Record and Signature Disclosure:

Accepted: 12/5/2024 11:02:49 AM

ID: 92c82c3f-1e85-4ebf-8052-7446343b8de5

In Person Signer Events Signature

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status

Certified Delivery Events Status

Carbon Copy Events Status

Witness Events Signature

Notary Events

Envelope Summary Events

Envelope Sent Hashed/Encrypted 12/4/2024 4:04:15 PM

Delivered Security Checked 12/5/2024 11:02:49 AM Signing Complete Security Checked 12/5/2024 11:03:01 AM Completed Security Checked 12/9/2024 3:16:01 PM

Events

Electronic Record and Signature Disclosure

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BOCC Agenda

Meeting Date: 12/17/2024

Resolution #24-105 Authorizing Purchase and Sale Agreement with the Port of Longview authorizing Mike Moss, as Director of Public Works to execute the agreement.

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board Department: Public Works

Information

Subject and Summary Statement

Resolution #24-105 Authorizing Purchase and Sale Agreement with the Port of Longview authorizing Mike Moss, as Director of Public Works to execute the agreement.

Will Staff Attend - NAME OF STAFF

Department Recommendation Attachments

Signed Resolution

Form Started By: Kelly Grayson

Form Review

Started On: 12/11/2024 10:21 AM Final Approval Date: 12/11/2024

COWLITZ COUNTY RESOLUTION AUTHORIZING PURCHASE AND SALE AGREEMENT WITH THE PORT OF LONGVIEW

A RESOLUTION of the Board of Commissioners of Cowlitz County authorizing execution of the Purchase and Sale Agreement with the Port of Longview.

WHEREAS, the Board of Commissioners is being presented with a request to authorize approval of a Purchase and Sale Agreement (the “Purchase Agreement”) with the Port of Longview (the “Port”) for the property identified as Tax Parcel No. 6152701, WH1100006, and 614990100 and further described in Exhibit A (the “Property”) in the form attached as Exhibit B. The Port is undergoing the Industrial Rail Corridor Expansion Project to expand Port’s rail capacity and is acquiring County property as part of this project. A summary of the agreed upon conveyances is set out below (the “Transactions”):

a. Appropriating a fee acquisition of 381,092 square feet;

b. Appropriating a 29,363 square feet permanent access easement;

c. Granting 37,270 square feet of access easement;

d. Granting 19,664 square feet of drainage easement; and

e. Terminating by extinguishment two easements. and

WHEREAS, although the County had previously approved an Administrative Possession and Use Agreement which allowed the Port of Longview to proceed with the IRCE Project, to complete the sale the County, through the Board of Commissioners must approve the final sale through a Purchase and Sale Agreement between Cowlitz County, as seller and the Port of Longview, as buyer; and

WHEREAS, the initial draft of the Purchase Agreement proposed the fee simple conveyance occur pursuant to a statutory warranty deed, which contained certain warranties not normally given in transactions of this nature. Because there were numerous encumbrances on the property shown in a title commitment, the parties revised the Purchase Agreement to its current form, so that the fee simple conveyance would occur pursuant to a bargain and sale deed. A bargain and sale deed does not provide guarantees against liens and other encumbrances, and in this case the deed proposed requires the Port of Longview to take the property subject to all exceptions of record. Further, the amount of the offer to acquire the property including the easements was reviewed by an MAI Appraiser, who confirmed that the offer represented the fair market value of the property being acquired; NOW THEREFOR

BE IT RESOLVED, that the Purchase Agreement and the proposed Transactions between the Port of Longview and the County, on the terms and conditions set forth therein, are hereby approved and ratified; and

FURTHER RESOLVED, that Mike Moss, as Director of Public Works, is hereby authorized and directed to execute the Purchase Agreement, in substantially the form and content as reviewed by the Board, on behalf of the County; and

FURTHER RESOLVED, that all actions taken by the County with respect to the Purchase Agreement are hereby approved and ratified; and

FURTHER RESOLVED, that all actions heretofore taken, or caused to be taken, by Mike Moss as Director of Public Services in connection with the Purchase Agreement and/or the Transaction contemplated thereby are hereby approved and ratified; and

FURTHER RESOLVED, that Mike Moss, as Director of Public Services for the County is hereby authorized and directed to take such actions and execute all agreements and documents as he deems necessary to close the transaction contemplated by the Purchase Agreement on the County’s behalf.

DONE IN OPEN SESSION this _____day of December, 2024.

COWLITZ COUNTY BOARD OF COMMISSIONERS

APPROVED AS TO FORM:

By: _________________________

Richard R. Dahl, Chair

Chief Civil Deputy Prosecutor

By: _________________________

Dennis P. Webber, Commissioner

By: __________________________

Anne Mortensen, Commissioner

ATTEST: ______________________ Clerk of the Board

Certificate Of Completion

Envelope Id: B36C2ABA-EA63-405C-9400-D3E172BBB54D

Subject: Resolution Authorizing Purchase and Sale Agreement with the Port of Longview Source Envelope:

Document Pages: 2

Certificate Pages: 5

Signatures: 4

Initials: 0

Status: Completed

Envelope Originator:

Cowlitz County Clerk Of the Board AutoNav: Enabled

EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada)

Record Tracking

Status: Original 12/4/2024 3:55:03 PM

Signer Events

Arne Mortensen mortensena@cowlitzwa.gov

Security Level: Email, Account Authentication (None)

Stamps: 1 , WA 98626

cowlitz@cowlitzwa.gov

IP Address: 65.183.210.194

Electronic Record and Signature Disclosure: Accepted: 12/4/2024 4:48:10 PM ID: c9894f6f-47e1-430c-9be8-00b1e8123787

Dennis Weber weberd@cowlitzwa.gov

Security Level: Email, Account Authentication (None)

Electronic Record and Signature Disclosure:

Accepted: 12/13/2023 2:17:09 PM ID: 4bbae5c0-ab12-40e4-9989-bbef8b3c924a

Kelly Grayson graysonk@cowlitzwa.gov

Security Level: Email, Account Authentication (None)

Holder: Cowlitz County Clerk Of the Board cowlitz@cowlitzwa.gov

Signature Adoption: Pre-selected Style Using IP Address: 24.22.100.23

Signature Adoption: Pre-selected Style Using IP Address: 65.183.210.194

Signature Adoption: Pre-selected Style Using IP Address: 65.183.210.194

Electronic Record and Signature Disclosure:

Accepted: 12/4/2024 4:04:47 PM ID: 80bb9651-5de0-42b1-b9bf-ab1a14b3d739

Richard Dahl

dahlr@cowlitzwa.gov

Chairman

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 65.183.210.194

Location: DocuSign

Sent: 12/4/2024 3:57:41 PM

Viewed: 12/4/2024 4:48:10 PM

Signed: 12/4/2024 4:48:23 PM

Sent: 12/4/2024 3:57:42 PM

Resent: 12/9/2024 12:52:51 PM

Viewed: 12/9/2024 3:14:23 PM

Signed: 12/9/2024 3:14:38 PM

Sent: 12/4/2024 3:57:42 PM

Viewed: 12/4/2024 4:04:47 PM

Signed: 12/4/2024 4:05:40 PM

Sent: 12/4/2024 3:57:43 PM

Viewed: 12/5/2024 11:01:31 AM

Signed: 12/5/2024 11:01:45 AM

Signer Events Signature Timestamp

Electronic Record and Signature Disclosure:

Accepted: 12/5/2024 11:01:31 AM

ID: 9c8e0dc6-5166-4a72-90e8-a15292230431

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status

Witness Events Signature

Notary Events Signature

Envelope Summary Events Status Timestamps

Envelope Sent Hashed/Encrypted 12/4/2024 3:57:43 PM Certified Delivered Security Checked 12/5/2024 11:01:31 AM

Signing Complete Security Checked 12/5/2024 11:01:45 AM Completed Security Checked 12/9/2024 3:14:38 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, Kelly Dombrowsky (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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All notices and disclosures will be sent to you electronically

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BOCC Agenda

Meeting Date: 12/17/2024

Contract Amendment Humane Society for Animal Shelter

Submitted For: Brad Thurman

Submitted By: Kelly Grayson, Clerk of the Board Department: Sheriff

Information

Subject and Summary Statement

Resolution extending authorizing the Sheriff to sign the agreement with the Humane Society for Animal Shelter Services.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Contract Amendment  Resolution

Form Started By: Kelly Grayson

Final Approval Date: 12/11/2024

Attachments

Form Review

Started On: 12/11/2024 07:37 AM

AMENDMENT NO. ONE TO CONTRACT FOR ANIMAL SHELTER SERVICES BETWEEN COWLITZ COUNTY AND HUMANE SOCIETY OF COWLITZ COUNTY

1. This Amendment No. ONE to the Contract for Animal Shelter Services Between Cowlitz County (“COUNTY”) and Humane Society of Cowlitz County, is between Cowlitz County, Washington, (“COUNTY”), and the Humane Society of Cowlitz County SPCA (“SOCIETY”), and it shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and SOCIETY

2. COUNTY AND SOCIETY entered into a contract for animal shelter services, to wit: Board agenda item AS-13263, approved and executed by the Board of County Commissioners on December 20, 2023 (the “Agreement.” The Agreement will expire on December 31, 2024.

3. COUNTY and SOCIETY are now in need of extending the Agreement until January 31, 2025

4. Both COUNTY and SOCIETY agree to modify the original Agreement as in the parties’ best interests and in furtherance of the purposes and intent of this amendment, as set forth below:

a. Section C. Term of Agreement is modified as follows: The December 31, 2024 deadline is extended to January 31, 2025.

b. A new section is hereby added as Section K(9): Assignment. The Society shall not assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the County, which may not be unreasonably withheld.

5. Except as provided above in this Amendment No. One, all terms, conditions, duties, obligations and provisions of the original Agreement shall remain in full force and effect.

The parties hereto have executed this agreement on this the day of , 202 , and each signatory to this Amendment No. One warrants that he/she is duly authorized and executes this Amendment for and on behalf of the below-inscribed parties hereto.

By:______________________________

Darren Ullmann, Executive Director

By:______________________________

Brad Thurman, Sheriff (Authorized to sign by Board of Commissioners)

HUMANE SOCIETY of COWLITZ COUNTY

COWLITZ COUNTY

BEFORE THE BOARD OF COMMISSIONERS FOR COWLITZ COUNTY

In the matter of extending the Agreement between ) Cowlitz County and Cowlitz County Humane ) Resolution No. Society, allowing for an assignment thereof, and ) authorizing the Sheriff to sign this amendment )

WHEREAS, on December 20, 2023, the Cowlitz County Board of Commissioners approved an animal shelter agreement with the Cowlitz County Humane Society, which agreement expires on December 31, 2024; and

WHEREAS, the Cowlitz County Humane Society plans to merge with the Southwest Washington Humane Society by February 1, 2025; and

WHEREAS, as merger of these organizations will occur until after January 2025, there is a need to extend the agreement through January of 2025 to avoid a lapse in service; and

WHEREAS, transfer of animal shelter functions between these organizations may occur in January 2025, justifying a right of assignment to this new provider of shelter services; and

WHEREAS, the Board of Commissioners desires to delegate its signatory authority to the elected Sheriff of Cowlitz County for this amendment, to allow for minor changes in terms and language to the agreement, and therefore ensure it is signed and effective by end of 2024;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the Board of Commissioners hereby agrees to extend the existing agreement through January of 2025, to add an assignment clause, and to authorize the elected Sheriff to sign this amendment to the existing agreement, in substantially the form and content as within the attached draft amendment.

DONE IN OPEN SESSION this ____ day of _______________, 2024.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard Dahl, Chairman

ATTEST:

Kelly Grayson, Clerk of Board

Arne Mortensen, Commissioner

APPROVED AS TO FORM, ONLY: Dennis P. Weber , Commissioner

Ryan Jurvakainen, Prosecuting Attorney

David Berger, Deputy Prosecuting Attorney

AS-13901 Motion Items 17.

BOCC Agenda

Meeting Date: 12/17/2024

Resolution Adopting Fees CCC 6.12 Animal Control

Submitted For: Brad Thurman

Submitted By: Kelly Grayson, Clerk of the Board Department: Sheriff

Information

Subject and Summary Statement

Resolution Adopting Fees related to Chapter 6.12 of the Cowlitz County Code - Animal Control.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Resolution  Ordinance CCC 6.12

Form Started By: Kelly Grayson

Final Approval Date: 12/11/2024

Attachments

Form Review

Started On: 12/11/2024 07:43 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Adopting Fees Relating ) to Chapter 6.12 of County Code and ) Establishing a Fee Schedule Maintained ) by the Clerk of the Board )

RESOLUTION No. 24-

WHEREAS, the authority for setting certain fees has been established by Ordinance and under Chapter 6.12 Cowlitz County Code (CCC); and

WHEREAS, the setting of certain fees has been shifted from Chapter 6.12 CCC thereafter to be separately considered, and periodically reviewed and amended by the Board of Commissioners by Resolution, thereafter to be on file in the offices of the Board of Commissioners and maintained by the Clerk of the Board;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, in consideration of the above recitations, that fees under CCC 6.12.160 shall be as follows as of the below date of adoption:

Registration fees and tag/identification fees and registration fees are established hereunder:

Annual – Dangerous or Potentially Dangerous Dog

Type of Registration Certificate Fee

Potentially dangerous dog

Dangerous dog

Lost collar replacement

Annual – Dog Control Zones

$100.00

$250.00

$20.00

Type of Registration Certificate Fee

Unaltered dog

Altered dog

Late registration penalty

Lost tag replacement

$10.00

$5.00

$15.00

$3.00

Triennial – Cat Registration – Optional

Type of Registration Certificate Fee

Unaltered cat

Altered cat

Lost tag replacement

$10.00

$5.00

$3.00

Redemption fees: When the County impounds an animal pursuant to CCC 6.12.220, a redemption fee applies. The animal’s owner shall pay this fee to redeem the animal. This fee pays for the costs incurred by the County to impound, including housing, maintenance, and veterinary care.

72-Hour Minimum fee: The minimum redemption fee for any impound shall be $300.00. For those animals held beyond the 72-hour period, a cost will be assessed for each additional day of care. This cost will include any additional housing, maintenance, and veterinary care.

30-day impound bond: This bond is paid pursuant to CCC 6.12.220 and will be for a minimum amount of $1600.00, which includes the minimum redemption fee and daily care and maintenance for the prescribed period.

These fees reflect the current costs to the County, and may be updated as the costs of housing, maintenance, and veterinary care dictate.

ATTEST:

IN OPEN SESSION this ____ day of __________________, 2024.

BOARD OF COMMISSIONERS COWLITZ COUNTY, WASHINGTON

Kelly Grayson, Clerk of Board

Richard Dahl, Chairman

Dennis P. Weber, Commissioner

APPROVED AS TO FORM:

By:________________________________ Arne Mortensen, Commissioner Civil Deputy

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Amending and Repealing Section of )

Chapter 6.12 of Cowlitz County Code, and ) Ordinance No 24Adding a Procedural Reference in Chapter ) 2.05 of County Code )

WHEREAS, the Board of County Commissioners (Board), pursuant to RCW 36.32.120 and Title 16 RCW previously adopted Ch 6.12 Cowlitz County Code (“CCC”), currently named “Animal Control” to the with procedures and processes thereto; and

WHEREAS, the Board, pursuant to RCW 36.32.120 and Ch. 1.01 CCC, “Code Adoption” has determined that it should consider amending and repealing, and recodifying certain sections in Ch. 6.12 CCC; and

WHEREAS, the Cowlitz County Sheriff Office and the Animal Control Authority attended a regular Board workshop for this proposed new Code chapter on June 3, 2024, where they presented the Board justifications for amending certain sections of Ch. 6.12 CCC to reflect recent changes in State legislation, and the recodification of certain sections of Ch. 6.12 pertaining to dangerous animals into a new Code Ch. 6.13 CCC for procedural efficiency and clarity in execution, and to reflect current legal trends; and

WHEREAS, Board held a public hearing on December 10, 2024 at 9:45 a.m. to hear public comment on these proposed recodifications and amendments to the Code; and

WHEREAS, the Board finds that it is in the best interest of the public to adopt the process amendments in Chapter 6.12 CCC.

NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners that:

Section 1. CCC 2.05.010(B) is hereby amended and supplemented, as set forth below:

24. Maers prescribed by Chapter 6.12 CCC, Animal Control.

Section 2. CCC 6.12.120 (Dog Control Zones Jumping and barking at pedestrians) is hereby amended as set forth below:

It shall be unlawful for any owner to keep or harbor any dog that frequently or habitually snarls, growls or snaps at, or chases, jumps upon or threatens persons lawfully upon public sidewalks, streets, alleys, or public places within the boundaries of the zones established hereunder, and the same is hereby declared to

be a nuisance. Any such dog may be seized and impounded subject to redemption in the manner provided in CCC 6.12.220

Section 3. CCC 6.12.160 (Dog, Cat and other registration fees) is hereby rescinded and amended as set forth below:

A. Fees and charges for registrations, administration and activities under this chapter shall be as from time to time established by resolution of the Board of Commissioners, and maintained on file with the Clerk of the Board.

Section 4. CCC 6.12.170 (Rabies and disease control) is hereby amended as set forth below:

A. The Health Officer or designee shall have the responsibility for administering the rules and regulations of the Washington State Department of Health and/or Washington State Board of Health including WAC 246-100-197 relating to rabies and disease control in Cowlitz County.

B. All dogs shall be immunized against rabies and proof of immunization provided prior to issuance of a registration certificate and identification tag; provided, if for medical reasons an animal is unable to receive a rabies vaccination, a signed statement of a veterinarian shall be accepted in lieu of a rabies certificate at the time of registration.

Section 5. CCC 6.12.180 (Rabies control Quarantine and disposal) is hereby amended as set forth below:

A. Any dog, cat, and ferret which bites a person where human exposure to rabies is suspected may be ordered by the Health Officer to be quarantined for 10 days. During quarantine, the animal shall be securely confined and kept from contact with any other animal. The Health Officer may permit quarantine on the premises of the owner. If the Health Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or veterinary hospital at the expense of the owner.

B. No enforcement officer or any other person shall knowingly, except in the reasonable effort to protect himself or others, kill, or cause to be killed, any animal suspected of being rabid; provided if a veterinarian diagnoses possible rabies in any animal in quarantine, the animal shall be euthanized and the head of the animal sent to the state laboratory for pathological examination and confirmation of the diagnosis.

C. Any vicious animal may continue to be impounded at the expense of the owner, after rabies quarantine ends, if the owner has not complied with abatement orders, and/or an appeal is pending.

Section 6. CCC 6.12.280 (Civil Penalties) is amended and renumbered as set forth below:

A. A person found to have committed an infraction of Chapter 6.12 CCC shall be assessed a monetary civil penalty as follows:

1. Violation of CCC 6.12.040:

a. First offense

b. Second offense in 12-month period

c. Third offense in 12-month period

$48.00

$96.00

$144.00

2. Violation of CCC 6.12.060: $190.00

3 Violation of CCC 6.12.180

4. Failure to respond to notice of infraction:

5. Violation of any other provision of Chapter 6.12 CCC:

$190.00

$100.00

$48.00

A. Any monetary penalty imposed by the Court is payable immediately. If a person is unable to pay the penalty immediately, the Court may grant an extension to a specified date. Any willful failure to pay the penalty by the time required is a misdemeanor.

Section 7. CCC 6.12.030 (Definitions) is hereby repealed in its entirety and amended as follows:

(1) “Adult dog” means any dog having a set of permanent canine teeth, or six months of age or older.

(2) “Animal Control Authority” means the Cowlitz County Sheriff or its designee acting to enforce animal control laws of Cowlitz County and the State of Washington.

(3) “Animal Control Officer” means any individual deputized by the Cowlitz County Sheriff or its designee for the limited purpose of enforcing any title pertaining to animals and the laws of the State of Washington as they pertain to animal control and welfare. This term as used throughout this chapter or CCC 6.13 shall not be construed to limit the authority of any fully commissioned law enforcement officer.

(4) “Animal shelter” means any facility which is used to house or contain stray, homeless, abandoned or unwanted animals, and which is owned, operated or

maintained by a public body, any kennel operated by the animal control authority, an established humane society, animal welfare society, society for the prevention of cruelty to animals (SPCA), or other non-profit organization devoted to the welfare, protection and humane treatment of animals.

(5) “At large” means an animal off or outside the premises belonging to its owner or keeper and not in the company of and under control of a competent person.

(6) “Domestic animal” means an animal kept for amusement, companionship, or for household, farm and/or agricultural purposes.

(7) “Health officer” means the local health officer as defined in RCW 70.050.010, whose jurisdiction includes unincorporated Cowlitz County.

(8) “Kennel” means (1) any premises used to conduct a business relating to the breeding, buying, selling or letting of dogs and/or cats for hire, boarding, or training; or (2) any premises at which 10 or more adult dogs and/or cats are kept for any purpose, including animal shelter, but excluding animal hospitals, where animals are kept for treatment by licensed veterinarians; provide the veterinarian does not solicit for boarding or animal shelter.

(9) “Owner or keeper” means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

(10) “Pack” means a group of three or more dogs running upon lands, either public or private, not that of their owner(s), when such dogs are not restrained or under the control of their owner(s).

(11) “Quarantine” means the placing and restraining of any animal or its reproductive products by the owner or agent of the owner within a certain described and designated enclosure or area within this county, or restraining of any animal or its reproductive products from entering this state, as may be directed by the Health Officer.

Section 8. CCC 6.12.040 (Prohibited Acts Nuisance) is hereby repealed in its entirety and amended as follows:

(1) An animal owner or keeper is responsible for the acts and behaviors of his or her animal, and is strictly liable if he or she permits that animal to:

a. Habitually bark, howl, yelp, or make any other noise which disturbs the peace and comfort of persons in the rural or residential areas of Cowlitz County. In addition to the definitions set forth in CCC 10.25.030 through 10.25.045, and the ordinary meaning, an animal is habitually making noise which disturbs the peace and comfort of any person to an unreasonable degree when that animal makes constant and considerable noises extending for 30 minutes or more between the hours of 9:00 PM and 5:00 AM, when that noise is audible within a residence belonging to a person other than the animal’s owner or keeper.

b. Snaps, bites, menaces, threatens persons, livestock, domestic animals, or chases or approaches a person or vehicle upon the streets, sidewalks, or any public grounds or in any other location other than property owned by their owner or keeper.

c. Trespasses on any public property, or on any private property occupied by a person with than their owner;

d. Damages or destroys any plant or animal or property or thing of value or owned by a person other than the animal owner;

e. Deposits excrement, debris, or other materials on any public road or other public place or on any private property occupied by a person other than property owned by the animal owner.

f. Is a dog at large in a pack of three or more dogs;

g. Is a female dog in heat while not confined in a building or a proper enclosure which prevents the female animal from contact with a male dog, or is a male dog which strays and gains access to a female dog who is properly confined while in heat and subsequently impregnates or attempts to impregnate the female.

h. Is a potentially dangerous or dangerous animal at large.

(2) Any animal that violates any provision of subsection (1) is a public nuisance.

(3) Notwithstanding any provision of subsection 1, it is not unlawful if an animal:

a. Barks, howls, yelps, or makes any other noise in response to active tormenting, abuse, or assault;

b. Bites or causes bodily injury to a person assaulting the animal, the animal’s owner, any member of the animal owner’s family, or any person unlawfully on property occupied by the animal owner;

c. Bites or menaces a person trespassing upon property occupied by the animal owner;

d. Is a police dog within the meaning of RCW 4.24.410 and uses lawful force in the course of performing as a police dog.

Section 9. CCC 6.12.070 (Found Dogs and Cats) is hereby repealed in its entirety and amended as set forth below:

Any dog or cat that trespasses upon private property may be apprehended and held by the owner of the property, so long as the owner of the animal is unknown. Any person who finds and harbors the cat or dog shall notify the animal control authority and furnish a description of the animal within 24 hours. The report shall include a description of the animal and such description shall be verified by the Animal Control Authority within seven days following notification. The finder may surrender the animal to any non-profit animal shelter or retain its possession, subject to surrender upon demand of the animal control authority. Records of any

reported found animal shall be retained by the animal control authority and available for public inspection for one year from the date of apprehension.

The finder may become owner of any dog or cat found and retained if the owner has not redeemed such dog or cat within 30 days following notification to the Animal Control Authority, provided the finder shall, at the end of such 30 days, be required to register any dog within a dog control zone. If the finder fails to comply with the notification requirements of this section, such finder shall forfeit all rights to retain the dog or cat, if such dog or cat is later claimed by the rightful owner. Prior to regaining possession of a found dog or cat, the owner of such dog or cat shall reimburse the finder at the request of the finder, for actual costs of advertising and such other costs incurred in the care of the dog or cat, provided, the finder furnishes proof of such costs. An owner who fails to redeem a dog or cat from the finder within 90 days shall have no standing to make further claims on the finder.

The county holds no responsibility for the enforcement of the reimbursement provisions contained in this section.

Section 10. CCC 6.12.190 (Habitual violator) is repealed in its entirety and amended as set forth below:

A. If, within any 12-month period, an animal is the subject of three notices of infraction and/or criminal charges under this chapter and/or any statute of the State of Washington, the Animal Control Authority may serve a written abatement notice on the animal owner, irrespective of whether the person receiving the notice owned the animal at the time any of the notices of infraction or criminal charges were issued. No notice of infraction or criminal charge that is pending, or that was decided on the merits adversely to the prosecuting authority, shall be included. Service of the abatement notice may be accomplished by any means authorized for service of process under the laws of the State of Washington, and may also be accomplished by mailing the notice to the owner by certified mail, return receipt requested.

B. The abatement notice shall, at a minimum:

1. Identify the three notices of infraction and/or criminal charges;

2. Identify the provision of this chapter that authorizes the abatement notice;

3. Describe what the owner must do to comply with the abatement notice and the deadline for doing so; and

4. State that the abatement notice may be appealed within 15 days after service of the notice, by both filing a notice of appeal with the Cowlitz County District Court and serving a copy on the Animal Control Authority.

C. The animal owner shall comply with the abatement notice by: permanently removing the animal from Cowlitz County; permanently transferring ownership, custody and control of the animal to another person not related to or residing with the owner; or having the animal humanely euthanized. The owner must comply with the abatement notice by the deadline stated therein. The owner shall upon request provide the Animal Control Authority with a written statement signed under penalty of perjury, stating how the owner complied with the abatement notice. The owner shall provide such other information as the Animal Control Authority reasonably needs to substantiate the owner’s compliance.

D. It is unlawful for an animal owner to fail to comply with an abatement notice.

E. An abatement notice issued under this section shall be final unless within 15 days of the date the notice was served, the animal owner both files a written notice of appeal with the Cowlitz County district court and serves a copy of the notice of appeal on the animal control authority. An appeal under this section shall be a civil action. The animal control authority shall have the burden of proof that the abatement notice was properly issued.

Section 11. CCC 6.12.210 (Enforcement) is hereby repealed in its entirety and amended as set forth below:

The Animal Control Authority and their duly appointed or commissioned personnel are authorized to take such lawful action, including but not limited to the issuance of criminal citations and notices of civil violations, as may be required to enforce the provisions of CCC 6.12, 6.13, etc., and the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare, and control. All animal control officers must be deputies commissioned by the Cowlitz County Sheriff for the limited purpose of enforcing animal regulations. Nothing in this section prohibits fully appointed Cowlitz County Sheriff deputies from enforcing the provisions of this chapter or any other chapter.

Any Animal Control Officer or any other sheriff deputy of the Cowlitz County charged with the seizing of animals running at large may pursue such animals onto County-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same.

Section 12. CCC 6.12.220 (Impoundment) is hereby repealed in its entirety and amended to reflect State legislative changes as set forth below:

A. The Cowlitz County Animal Control Authority may apprehend any animal found in violation of any act defined as a nuisance under CCC 6.12.040 and or being neglected or subjected to cruel treatment as defined under CCC 6.12.060. Immediately following apprehension of an animal, the animal control authority shall determine if the animal is licensed or otherwise identifiable, and, if reasonably possible, return the animal to the known owner, together with a notice of violation of this code or RCW.

B. Any unlicensed animal the animal control authority is unable to identify the owner shall be held for seventy-two (72) hours upon apprehension. Any animal not redeemed by its owner during this period may be humanely destroyed or placed for adoption to a new owner, following the expiration of the seventy-two (72) hour period. Should an owner wish to redeem an animal seized under this section, he or she shall be first required to pay the associated redemption costs, including any necessary boarding, care and maintenance fees incurred by the Animal Control Authority for that seventy-two (72) hour period, as posted on the Animal Control Authority’s website and the Cowlitz County Sheriff’s office.

C. Animals seized by law enforcement who removed the animal from the possession of a person in their custody shall be held, maintained in an animal shelter, and provided minimum care, at the owner’s expense. An impoundment receipt shall be given to the owner by law enforcement. The receipt shall recite redemption requirements and shall serve as the notice to the owner required under this chapter. Should an owner wish to redeem an animal, he or she shall be first required to pay the redemption costs outlined in this chapter and posted on the Animal Control Authority’s website and the Cowlitz County Sheriff’s office.

D. Any animal seized as a potentially dangerous animal or as a dangerous animal, shall follow the process under CCC 6.13.130 and 6.13.140.

E. If an Animal Control Officer or a sheriff deputy has probable cause to believe that an owner of a domestic animal has violated this chapter or RCW 16.52, the Animal Control Officer or the sheriff deputy, after obtaining a warrant, may enter the premises where the animal is located and seize the animal.

a. If a law enforcement officer or Animal Control Officer has probable cause to believe an animal is in imminent danger or is suffering serious physical injury or infirmity or needs immediate medical attention, the officer may enter onto private property without warrant to:

i. Render emergency aid to the animal; or

ii. Seize the animal without warrant. Any animal seized without warrant shall immediately be brought to a veterinarian licensed in the State of Washington to provide medical attention and to assess the health of the animal.

b. An Animal Control Officer or sheriff deputy is not liable for any damages for entry onto private property without a warrant under this section, provided that the officer does not use any more force than is reasonably necessary to enter upon the property and remove the animal.

F. An animal seized as a result of neglect or abuse may be placed into the custody of an animal care and control agency, into foster care that is not associated in any way with the owner, or with a nonprofit humane society, nonprofit animal sanctuary, or nonprofit rescue organization. In determining what is a suitable placement, the animal control authority shall consider the animal’s needs, including its size, medical needs, and behavioral characteristics. Any person or custodial agency receiving an animal seized under this section shall provide the animal with minimum care.

a. If a seized animal is placed into foster care or with a nonprofit animal sanctuary or rescue organization, the animal control authority shall retain constructive custody of the animal, shall have the duty to ensure the animal receives minimum care, and may draw from the bond under subsection (H) of this section and distribute the funds to the foster home, authorized humane society, sanctuary, or rescue organization that is authorized to care for the animal.

G. The owner of the seized animal shall be provided with notice of the right to petition for immediate return of the animal and shall be afforded an opportunity to petition for such a civil hearing before the animal is deemed abandoned or forfeited. Any owner whose animal is seized by an animal control officer under this section shall, within 72 hours following the seizure, be given notice of the circumstances of the removal and notice of the legal remedies available to the owner. The notice shall be given by posting at the place of the seizure, by delivery to the suspected or known owner, or by registered mail to the last known address associated with the suspected or known owner. The notice shall include:

i. The name, business address, and telephone number of the animal control authority responsible for seizing the animal;

ii. A description of the animal;

iii. The authority and purpose for the seizure, including time, place, and circumstances for the seizure;

iv. A statement that the owner is responsible for the cost and care of an animal who was lawfully seized, and that the owner will be required to post a bond with the clerk of Cowlitz County District Court to defray the cost of minimum care pursuant to subsection H of this section within 14 calendar days of the seizure or the animal will be deemed abandoned and forfeited; and

v. A statement that the owner has a right to petition the district court for a civil hearing for immediate return of the animal and that in order to receive a hearing, the owner or owner’s agent must request the civil hearing by signing and returning to the court an enclosed petition within 14 calendar days after the date of seizure. And reference the petition must be substantially the same as set forth in RCW 16.52.085(13).

H. When an animal is seized pursuant to this section, the owner shall post a bond with the Cowlitz County District Court in an amount sufficient to provide minimum care for each seized animal for 30 days care, including the day the animal was seized, regardless of whether the animal is the subject of a criminal charge. The Animal Control Authority

shall establish the minimum cost necessary for that bond and post the amount within the Cowlitz County District Court Such bond shall be filed with the clerk of Cowlitz County District Court within 14 calendar days after the day the animal was seized.

a. If an owner fails to post a bond by the close of business on the 14th calendar day after the day the animal was seized as required under this section, the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law in accordance with the notice provided in subsection (G) of this section.

b. A petition required by subsection (G)(iv) of this section may be filed in the district court of the county from which an animal was seized concerning any animal seized pursuant to this section. Copies of the petition must be served on the law enforcement agency or animal care and control agency responsible for seizing the animal and the prosecuting attorney.

c. An owner's failure to file a written petition by the close of business on the 14th calendar day after the day the animal was seized shall constitute a waiver of the right to file a petition under this subsection and the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law unless a bond has been posted pursuant to this subsection. The court may extend the 14-day period to file a written petition by an additional 14 calendar days if the petitioner did not have actual notice of the seizure and the court finds, on the record and in writing, that there are exceptional and compelling circumstances justifying the extension.

I. At the end of the time for which expenses are covered by the bond, if the owner seeks to prevent disposition of the animal by the custodial agency, the owner shall post a new 30day bond with the court within 72 hours following the prior bond's expiration. If an owner fails to post or renew a bond as required under this subsection, the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law.

J. An animal held by the animal control authority may be humanely destroyed at the discretion of the animal control authority if the animal poses a health or safety risk to people or property or the animal is suffering from a condition likely to result in death. If the animal is to be humanely destroyed under this provision and the identity and contact information of the owner or keeper of the animal are known or reasonably ascertainable, there must be a reasonable attempt to notify the owner or keeper of the animal of the intent to destroy the animal, and the owner or keeper must be given the opportunity to claim the animal within eight business hours, unless providing such opportunity would constitute animal cruelty under any applicable law, in which case the applicable facts must be documented and the humane destruction may take place immediately and without notice. This provision does not apply to animals being held pursuant to any warrant under CCC 6.13 or as evidence in a criminal case.

K. When an animal is seized from a person who is prohibited from owning, caring for, possessing, or residing with animals because of a criminal conviction or court order, the seized animal is immediately and permanently forfeited by operation of law to the custodial agency and no court action is required.

L. If an animal is forfeited to a custodial agency under this section, the agency in possession of that animal may place the animal with a new owner; provided that the agency may not place the animal with family members or friends of the former owner to own, care for, possess, or reside with the animal at any time in the future.

M. The custodial agency may authorize a veterinarian or veterinary technician to euthanize a seized animal for humane reasons at any time if the animal is severely injured, sick, diseased, or suffering.

N. Nothing in this chapter shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to any humane society or non-profit animal rescue organization.

O. No animal being held by the animal control authority as subject to any court action may be destroyed or held for adoption or sold except by court order, or as otherwise authorized by law. All such animals shall be held and maintained by the animal control authority or a animal shelter and provided minimum care.

Section 13. Repeal. Cowlitz County Code sections 6.12.050, 6.12.055, 6.12.132, 6.12.144, 6.12.145, 6.12.146, 6.12.147, 6.12.150, 6.12.155, and 6.12.240, are hereby repealed in their entirety, and to be designated “Repealed” or “Reserved”.

Section 14. Codification. Only Sections 1 through 12, above of this Ordinance shall be codified.

Section 15. Severability. The provisions of this ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraph subsections, clauses or phrases may subsequently be found to be unconstitutional or invalid.

Section 16. Savings clause. Chapter 16.12 CCC and Ordinance Nos. 13-059, 94-027, 88-038, 87-073, 86-072, 85-053, and 84-305 are hereby amended and repealed and recodified as set forth above. Such amendment, repeal and recodification shall not be construed as affecting any currently existing agreement, license, right or registration acquired under ordinance or resolution, or portions thereof, nor as affecting any ongoing proceeding or enforcement instituted upon any rule, regulation, or order promulgated thereunder, nor as to any administrative action taken thereunder. Further, it is not the intention of these actions to reenact any ordinance or portions or sections of ordinances or resolutions previously replaced, repealed or amended, unless this ordinance specifically states such intent to reenact such replaced, repealed or amended ordinances and resolutions.

Section 17 Effective Date. These regulations are in the public interest and shall take effect immediately upon adoption by the Board.

PASSED IN REGULAR SESSION THIS ___ day of____________, 2024, after a public hearing was held on _________________, 2024, pursuant to Notice published in the Longview Daily News on ______________, 2024.

APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS RYAN JURVAKAINEN, Prosecuting Atty. COWLITZ COUNTY, WASHINGTON

Civil Deputy

ATTEST:

Kelly Grayson, Clerk of the Board

Richard Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

AS-13885 Motion Items 18.

BOCC Agenda

Meeting Date: 12/17/2024

Grant Agreement 25-003 with Lower Columbia School Gardens

Submitted For: Gena James

Submitted By: Jamie Hopps Department: Health/Human Services

Information

Subject and Summary Statement

The purpose of grant agreement #25-003 is to provide funding to Lower Columbia School Gardens (LCSG) to support maintaining gardens and programming at 20 school gardens within Cowlitz County.

This agreement is reimbursement based and will not exceed $150,000 during the period January 1, 2025 through December 31, 2025, funded through WA State Department of Health - foundational public health services.

Will Staff Attend - NAME OF STAFF

Gena James

Department Recommendation

On November 26, 2024, the Cowlitz County Board of Health recommended to the Cowlitz County Board of Commissioners to provide funding to Lower Columbia School Gardens and the department concurs with this recommendation.

Fiscal Impact

Expenditure Required $: 150000

Budget Sufficient Y-N: N

Amendment Required Y-N: N

Source of Funds - What Dept ? : 14301

Grant Y-N: Y

Original

Inbox

Attachments

Form Review

Reviewed By Date

Gena James Gena James 12/06/2024 02:51 PM

Form Started By: Jamie Hopps

Started On: 12/06/2024 01:02 PM

SUBRECIPIENT GRANT AGREEMENT BETWEEN LOWER COLUMBIA SCHOOL GARDENS AND COUNTY OF COWLITZ, WASHINGTON FOR SUBRECIPIENT GRANT FUNDS

Agreement # 25-003

This Subrecipient Grant Agreement is made and entered into this 17th day of December, 2024 by and between Cowlitz County, Washington, a political subdivision of the State of Washington (hereinafter referred to as the COUNTY), and Lower Columbia School Gardens, a Washington Nonprofit Corporation (hereinafter referred to as SUBRECIPIENT), collectively referred to as the “parties,” witnesseth:

WHEREAS, this Agreement is made between the parties pursuant to the authority for grant funding provided Chapter 43.70 RCW for funding for foundational public health services; and

WHEREAS, COUNTY was awarded foundational public health services fund monies from the Washington Department of Health; and

WHEREAS, SUBRECIPIENT applied to the Cowlitz County Board of Health as a potential recipient for foundational public health services monies to implement the items and activities specified under the Scope of Work, attached hereto as Attachment A; and

WHEREAS, COUNTY finds that executing a Subrecipient Grant Agreement in passing through such funds is in the best interests of the parties, that the undertaking will benefit the public, and that this Agreement fully compensates SUBRECIPIENT for the services provided as set forth under this Agreement.

NOW THEREFORE, the COUNTY and SUBRECIPIENT agree as follows:

Section 1.

COUNTY shall award to SUBRECIPIENT a total of $150,000.00 of Foundational Public Health Services Funds, consistent with Attachment B – Budget.

Section 2.

SUBRECIPIENT agrees to use the funds awarded to it in accordance with the Scope of Work attached hereto as Attachment A.

Section 3.

COUNTY is responsible for administration of the Foundational Public Health Services Funds received from the Washington Department of Health and ensuring the grant funds are used in accordance with all applicable Washington Department of Health rules and requirements. COUNTY will provide such assistance and guidance to SUBRECIPEIENT as required to accomplish the objectives and conditions of the grant funding.

Section 4.

SUBRECIPIENT will complete in a satisfactory and proper manner, as required by the COUNTY, all tasks to accomplish the objectives of the Scope of Work, attached as Attachment A. SUBRECIPIENT will create, submit, and maintain all records and documents required by COUNTY to audit the performance and status of the tasks as above-noted.

Section 5.

The Parties agree that no separate legal administrative entities are necessary in order to carry out this Agreement. SUBRECIPIENT will not assign or transfer any rights or interests in this Agreement without the prior written consent of COUNTY. The Agreement shall inure to the benefit of and be binding upon the Parties and their successors and permitted assigns.

Section 6.

Each party to this Agreement will be solely responsible for its own acts and omissions under the Scope of Work (Attachment A), and to any claims, fines, penalties, fees, liabilities, lawsuits, or legal judgements arising out of their negligent or tortious actions or inactions, directly or indirectly arising from or in furtherance of the terms of the Scope of Work (Attachment A) and this Agreement. In any claim or lawsuit for damages arising from the parties’ performance of this Agreement, each party shall pay all its legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties’ right to indemnification under this Agreement. No other person or entity shall have any right of action or interest in this Agreement based upon any provision of the Agreement.

Section 7.

This Agreement is the entire agreement between the parties and shall not be modified or amended in any manner except by an instrument in writing executed by the Parties.

Section 8.

The parties agree to timely complete and execute all supplemental documents and submit all reports, forms, invoices and vouchers necessary or appropriate to fully implement the terms of the Scope of Work (Attachment A) and this Agreement.

Section 9.

Each party agrees to comply with all local, federal, and state laws, rules and regulations that are now effective or in the future become applicable to this Agreement.

Section 10.

This Agreement shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to the Agreement shall be Cowlitz County, Washington.

Section 11.

If a court of law determines any provision of the Agreement to be unenforceable or invalid, the parties hereto agree that all other portions of this Agreement shall remain valid and enforceable.

Section 12.

The written terms and provisions of this Agreement, together with any exhibits attached or documents referenced hereto, shall supersede all prior communications, negotiations, representations, or agreements, either verbal or written of any officer or other representative of each party, and such statements shall not be effective or be construed as entering or forming a part of or altering in any manner this Agreement. The legal presumption that an ambiguous term of this Agreement be interpreted against the party who prepared the Agreement shall not apply.

Section 13.

All communications, notices and demands of any kind which any party requires or desires to give to any of the other parties shall be in writing and either served on the following individual(s) or deposited in the U.S. Mail, certified mail, postage prepaid, return receipt requested, and addressed as follows:

If to Subrecipient: Ian Thompson

Lower Columbia School Gardens PO Box 785

Longview, WA 98632

If to Cowlitz County: Gena James, Deputy Director

Cowlitz County Health & Human Services 1952 9th Ave

Longview, WA 98632

Copy to: Chief Civil Deputy

Cowlitz County Prosecuting Attorney 312 SW 1st Ave Kelso, WA 98626

Section 14.

The following provisions apply regarding insurance:

Insurance. The Subrecipient shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Subrecipient 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 be provided:

COMPREHENSIVE GENERAL LIABILITY:

Bodily injury, including death.

Property damage

ERRORS AND OMISSIONS or PROFESSIONAL

LIABILITY with an Extended Reporting Period Endorsement (two year tail).

$1,000,000 Per occurrence

$1,000,000 Per occurrence

$2,000,000 Aggregate

$1,000,000 Per occurrence

$2,000,000 Aggregate

WORKERS COMPENSATION: Statutory amount

Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap:

$1,000,000 Per occurrence

AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles

Bodily injury, liability, including death and property damage liability

$1,000,000 Combined Single Limit

All Subrecipient’s and Subrecipient’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. 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. All Subrecipient’s and Subrecipient’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

Upon request, the Subrecipient shall provide a full and complete and certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or selfinsured retentions exceeding $10,000 or any stop-loss provisions, the County shall have the right to request and review the Subrecipient’s most recent annual financial reports and audited financial statements as a condition of approval.

Subrecipient hereby agrees to waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Subrecipient to enter into a pre-loss agreement to waive subrogation without an endorsement, then Subrecipient agrees to notify the insurer and obtain such

endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Subrecipient enter into such a waiver of subrogation on a pre-loss basis.

The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Subrecipient’s and Subrecipient’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Subrecipient and subcontractor, and all coverage shall be primary and non-contributory. A state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the Subrecipient is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]

The Subrecipient shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Subrecipient under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the Subrecipient.

Compensation and/or payments due to the Subrecipient under this Agreement are expressly conditioned upon the Subrecipient’s strict compliance with all insurance requirements. Payment to the Subrecipient shall be suspended in the event of noncompliance. Upon receipt of evidence of Subrecipient’s compliance, payments not otherwise subject to withholding or set-off will be released to the Subrecipient. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims-made policy, the Extended Reporting Period Endorsement is not required.

Section 15.

Debarment Certification. The Subrecipient, by signing this Agreement, certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in this Agreement by any federal department or agency from participating in transactions (Debarred). The Subrecipient also agrees to include the above requirement in all subcontracts into which it enters. The Subrecipient shall

immediately notify the County if, during the term of this Agreement, the Subrecipient becomes debarred. The County may immediately terminate this Agreement by providing Subrecipient written notice if Subrecipient becomes debarred during the term hereof.

Section 16.

The following provisions apply regarding termination of this Agreement:

a. Termination for Loss of Funding. The County shall have the right to terminate this Agreement upon advance written notice if the funds relied upon for the grant award are terminated, suspended, or otherwise lost or impaired in whole or in part.

b. Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least 30 days’ advance written notice. In that event, the Subrecipient will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date of the termination.

c. Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days of notice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

However, if a notice of termination for default has been issued and it is later determined for any reason that the Subrecipient was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.

Section 17.

The following provisions apply in the event that this Agreement is terminated:

a. The Subrecipient shall cease to perform hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any.

b. The Subrecipient shall provide the County with an accounting of authorized services provided through the effective date of termination.

Section 18.

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute on and the same instrument.

Section 19.

The following attachments are incorporated into this Agreement by reference.

a. Attachment A – Scope of Work

b. Attachment B – Budget

The term of this Agreement shall commence on the 1st day of January, 2025, and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2025.

IN WITNESS WHEREOF, the parties have executed this Agreement on this 17th day of December, 2024.

SUBRECIPIENT:

Signature

Print name:

Title:

UEI: YMUGBA4UV5R7

UBI: 603-244-180

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Dennis Weber, Commissioner

Arne Mortensen, Commissioner

ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY , Clerk of the Board

PROSECUTING ATTORNEY

Date

ATTACHMENT A – SCOPE OF WORK

The Subrecipient shall ensure services, and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

1. Objective

Lower Columbia School Gardens (LCSG) will support youth access to nature and gardening as an upstream preventative health strategy by sustaining learning gardens at all 20 Longview and Kelso Elementary and Middle Schools, totaling more than 160,000 square feet of growing space, with 250+ fruit trees, 200+ grape vines, hundreds of raised beds for annual vegetable crops, herb and pollinator gardens, compost bins, gathering spaces, and native plant areas.

Funding will support staff costs (Garden Coordinators and Seasonal Garden Assistant) to:

a. Facilitate lessons/activities for grades K-5. On scheduled garden days, classes cycle out to explore, work, and learn in the garden. LCSG staff trains and supports teachers to lead follow-up activities/lessons on their own. Students prepare soil, plant seeds, care for plants, spread mulch, harvest, & taste. They also explore, add creative elements, and learn self-regulation skills.

b. Facilitate after-school Garden clubs for grades 6-8. In addition to basic gardening, middle school students cook meals using garden ingredients, work on infrastructure projects, and learn about agricultural careers from guest farmers.

c. Facilitate free community events to promote healthy cooking/eating and connection with nature: Cider Press at The Library, Concerts at The Lake, Squirrel Fest, International Fest, Solstice Walk, etc.

d. Coordinate with schools to integrate garden activities into curriculum and school life.

e. Coordinate with partner agencies so that the kids and families they serve can benefit from the gardens: i.e. CORE Health, Youth & Family Link, Parks & Rec, YMCA, Ethnic Support Council, school-based Family Community Resource Centers, Cowlitz Tribe, etc.

f. Harvest, sort, and give away thousands of pounds of fresh fruits and vegetables on Free Farm Stands located throughout the community, with emphasis on Highlands and South Kelso.

g. LCSG staff will recruit, train, and manage 200-400 volunteers to assist with all of the above activities.

2. Outcomes and Measures

a. Learn where real food comes from, and how to grow and cook it.

b. Develop an affinity for fresh fruits and vegetables.

c. Learn the value of hard work and gain real-life skills using real tools.

d. Collaborate to reach common goals and learn delayed gratification and selfsufficiency as the youth give back to their community in tangible ways.

e. Develop healthy habits to last a lifetime.

f. Increase mental health through physical activity, meaningful work, and spending time in nature.

g. Increase opportunities for families, neighbors, and the broader community to engage in gardening activities and healthy eating.

3. Program Evaluation and Continuous Quality Improvement

The Subrecipient will submit quarterly program reports no later than the dates outlined in the reporting schedule. Program reports will include all items listed in 2 Outcomes and Measures.

4. Reporting: The Subrecipient will submit reports no later than the dates outlined in the following reporting schedule to Health & Human Services, and present to Board of County Commissioners or Board of Health as requested.

Type

Report

Program Report

Jan - Mar April 30, 2025

Program Report Apr - June July 31, 2025

Program Report July - Sept October 31, 2025

Program Report Oct - Dec January 31, 2026

5. Additional Requirements: If applicable, the Subrecipient will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following:

a. Services provided

b. Number of hours of service

c. Data Collection

d. Completed evaluation tools

e. Backup reports/data for invoicing

6. Site Visits: The Subrecipient will coordinate visits with the County Project Manager for contract compliance, organizational due diligence, program evaluation, technical assistance, and Continuous Quality Improvement.

ATTACHMENT B - BUDGET

1. Budget. The County shall award the Subrecipient an amount not to exceed $150,000.00. Unspent grant proceeds will be reallocated at the discretion of the County.

2. Payment. Subject to Section 1, the County shall reimburse the Subrecipient for costs and expenses necessary to perform activities described in the Scope of Work (Attachment A). The Subrecipient shall ensure that requests for reimbursements are based on billings supported by appropriate documentation of costs and expenses actually incurred. Additionally, the Subrecipient shall ensure that monthly invoices include receipts, reports, and other detailed documentation of charges

3. Invoices. The Subrecipient shall submit invoices using the County’s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative within this Agreement, by the Subrecipient, not more often than monthly. The Subrecipient shall submit invoices on or before the 15th of the month, regardless of what day of the week the 15th falls on, following the month of services were performed. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the Scope of Work, and fees. The final invoice must be received by the County no later than the 15 calendar days following the end of this Agreement. The County will not process any payments for invoices received after the 15th of the month following the end of this Agreement, unless prior approval from the County has been given.

4. Duplication. The Subrecipient assures that work performed and invoiced does not duplicate work to be charged to the County and State of Washington under any other Contract or agreement with the Subrecipient.

5. Advance Payment. The County shall not make any payments in advance or in anticipation of the delivery of services to be provided pursuant to this Agreement.

6. Authorized Services. The County shall pay the Subrecipient only for authorized services provided in accordance with this Agreement. If this Agreement is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination

7. Recovery of Costs Claimed in Error. If the Subrecipient claims and the County reimburses for expenditures under this Agreement which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms of the Agreement, the County shall recover those costs and the Subrecipient shall fully cooperate with the recovery.