Regular Public Meeting
April 25, 2023, 9:00 a.m.
Bid Openings – 11:00 a.m.
Conducted by the Clerk of the Board after Board Meeting is adjourned. Bids will not be accepted after 11:00 a.m.
10. Bid Opening for the Ostrander Road Culvert Replacement Project.
RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.
All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.
The Board of Commissioners may add and take action on other items not listed on this Agenda.
Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas
ZOOM Invitation Address (for all meeting days):
o https://us06web.zoom.us/j/82019613917
KLTV Live Feed Address: http://www.kltv.org
Page 4 of 4
Regular-Public-Meetings
AS-12768
BOCC Agenda
Meeting Date: 04/25/2023
ORDER FIXING DATE OF HEARING - Proposed Ordinance - No Parking Zones
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Subject and Summary Statement
1.
Submitted By: Emilie Cochrane, Public Works
Information
Attached is a Resolution fixing the date of a public hearing on the proposed Ordinance to establish No Parking Zones on various portions of county roads in unincorporated areas of the county.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board move to adopt said Resolution, set a time for public hearing and publish the notice.
Attachments
Call for Public Hearing and Notice
Form Review Inbox Reviewed By Date Susan Eugenis Susan Eugenis 04/18/2023 11:44 AM Mike Moss, Public Works Mike Moss 04/19/2023 07:48 AM Form Started By: Emilie Cochrane Started On: 04/18/2023 11:05 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF Cowlitz County, WASHINGTON
In the Matter of designating ) RESOLUTION NO. ________________ “No Parking Zones” on portions of ) County Road Rights-of-way in ) ORDER FIXING DATE OFF HEARING Unincorporated Areas of ) Cowlitz County, Washington )
WHEREAS, the Department of Public Works of Cowlitz County has investigated and found vehicular parking along and within certain portions of County Road rights of way are a serious hazard to traffic and has recommended that “No Parking Zones” be established thereon; and
WHEREAS, it appears to the Board that it is in the best interest of public safety and in compliance with the laws of the State of Washington, pursuant to RCW 36.32.120(7) and 46.61.560 through 46.61.575; and
WHEREAS, it appears as if the “No Parking Zone” list on file with the County Engineer should be amended to include additional portions of County road rights-of-way in unincorporated Cowlitz County; and
NOW, THERFORE, IT IS HEREBY RESOLVED that a public hearing will be held on the 9th day of May, 2023, at the hour of a.m., in the chambers of the Board, third floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, to hear all concerned in the matter of the proposed amendment to the “No Parking Zone” list on file with the County Engineer; and,
BE IT FURTHER RESOLVED that notice be given not less than ten (10) days prior to the public hearing as required by law.
DATED this 25th day of April, 2023.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ
COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Arne Mortensen, Commissioner
Dennis P. Weber, Commissioner Clerk of the Board
Kelly Dombrowsky
ATTEST:
NOTICE IS HEREBY GIVEN that on the 9th day of May, 2023, at the hour of o’clock a.m., a public hearing will be held before the Board of County Commissioners of Cowlitz County, Washington, in the Chambers of the Board in the County Administration Building, third floor, 207 Fourth Avenue North, Kelso, Washington, for the purpose of determining whether or not an amendment to the “No Parking Zone” list on file with the County Engineer be adopted by the Board of County Commissioners of Cowlitz County, Washington. The proposed amendment would establish a ‘No Parking Zone’ on portions of 6th Avenue S, Fiest Road, International Way, Rosewood Street, and Steelhead Drive.
Complete copies of the proposed ordinance are available at the office of the Board of County Commissioners, Third Floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, 98626, or the Department of Public Works, 1600 13th Avenue South, Kelso, Washington, 98626.
Any person may appear to present testimony against or in favor of the proposed ordinance at the date and time given above.
The County Administration Building is accessible for persons with disabilities.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Published:
PUBLICATION REQUIREMENTS: To be published in one issue, not less than ten (10) days prior to the date of hearing.
BILLING INFORMATION:
1) AFFIDAVIT TO: Cowlitz County Commissioners
ATTN: Clerk of the Board
2) BILL TO: Cowlitz County Department of Public Works P.O. 00960 1600 13th Avenue South
NOTICE
Kelso, WA 98626
AS-12767 2.
BOCC Agenda
Meeting Date: 04/25/2023
CALL FOR BIDS - 2023 Joint Agency Pavement Overlay - Project No. 2023
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Submitted By: Emilie Cochrane, Public Works
Information
Subject and Summary Statement
Attached are the necessary documents to issue the call for bids for the 2023 Joint Agency Pavement Overlay Project. The project consists of pavement planing and hot mix asphalt overlay paving of various roads within the participating agencies’ jurisdictions, and associated 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 the call for bids, fix a time for bid opening and publish the call for bids in the usual manner.
Fiscal Impact
Expenditure Required $: 2,110,220
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : Roads
Grant Y-N: N
Attachments
Call for Bids
Notice to Contractors
Inbox
Form Review
Reviewed By Date
Susan Eugenis Susan Eugenis 04/20/2023 03:33 PM
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Started On: 04/18/2023 09:25 AM
Roger Maurer Roger Maurer 04/20/2023 03:27 PM
CALL FOR BIDS
The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until May 16, 2023, prior to 11:00 a.m., for the following work: 2023 JOINT AGENCY PAVEMENT OVERLAY PROJECT.
Work performed under this contract consists of the following:
Pavement planing and hot mix asphalt overlay paving of various roads within the participating agencies’ jurisdictions, and associated work.
At that time all bids will be publicly opened and read in the Board's hearing room. Bids must be addressed to:
Board of County Commissioners
Attn: Clerk of the Board
207 Fourth Avenue North Kelso WA 98626
Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.
It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.
Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish
Page 1 of 2
satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.
All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.
Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.
DATED this 25th day of April, 2023.
Richard R. Dahl, Chairman
Arne Mortenson, Commissioner
Dennis P. Weber, Commissioner
ATTEST:
Kelly Dombrowsky, Clerk of the Board
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
NOTICE TO CONTRACTORS CALL FOR BIDS
The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until May 16, 2023, prior to 11:00 a.m., for the following work: 2023 JOINT AGENCY PAVEMENT OVERLAY PROJECT.
Work performed under this contract consists of the following:
Pavement planing and hot mix asphalt overlay paving of various roads within the participating agencies’ jurisdictions, and associated work.
At that time all bids will be publicly opened and read in the Board's hearing room. Bids must be addressed to:
Board of County Commissioners
Attn: Clerk of the Board
207 Fourth Avenue North Kelso WA 98626
Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.
It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.
Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.
All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish
satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.
All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.
Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.
DATED this 25th day of April, 2023.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
PUBLISHED:
PUBLICATION REQUIREMENT: To be published in three issues prior to May 16, 2023.
BILLING INFORMATION:
1) AFFIDAVIT TO: Cowlitz County Commissioners Attn: Clerk of the Board
2) BILL TO: Cowlitz County Department of Public Works P.O. 00959 1600 – 13th Avenue South Kelso, WA 98626
AS-12765
BOCC Agenda
Meeting Date: 04/25/2023
Hall of Justice Valve Replacement Project #2022-0024-01: Contract Close (Correction)
Submitted For: Dylan Wills, Project Coordinator
Submitted By: Dylan Wills, Project Coordinator
Department: Facilities Maintenance
Information
Subject and Summary Statement
On July 19, 2022 the Board of Commissioners voted to award agreement #2022-0024-01 for the replacement of approximately 80 HHW valves at the Cowlitz County Hall of Justice to General Mechanical Inc. (AS-12129). The total original cost of the executed agreement was $93,494.43 including Washington State sales tax. The actual number of valves replaced was 68, making the invoice due amount $90,195.21.
The work was executed in accordance with project plans and specifications. All equipment and materials used to complete the work conform to the criteria outlined by the project specifications.
This is a price correction.
Will Staff Attend - NAME OF STAFF
No
Department Recommendation
The Facilities Maintenance Department recommends that the Board of County Commissioners move to accept the Agreement with General Mechanical Inc. for the Hall of Justice Valve Replacement Project #2022-0024-01 as being completed, and sign the attached Letter of Acceptance.
Fiscal Impact
Expenditure Required $: 90,195.21
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : 375100 095100
Grant Y-N: N
Attachments
Completion Letter - BOCC Hall of Justice HHW Valve Replacement rev2023.03.28
Completion Agenda - Hall of Justice Valve Replacement Project #2022-0024-01 rev2023.03.28
Project Summary Hall of Justice Valve Replacement Project 2022.0024.01 rev2023.03.28
Form Started By: Dylan Wills
Consent C. 3.
Form Review Inbox Reviewed By Date Will Tastad Will Tastad 04/17/2023 10:24 AM
Mike Moss 04/17/2023 01:57 PM
Mike Moss, Public Works
Started On: 04/17/2023 09:56 AM
COMMISSIONERS
Arne Mortensen
District 1
Dennis P. Weber
District 2
Rick Dahl District 3
ADMINISTRATIVE COORDINATOR
Kelly Dombrowsky
Board of Commissioners
County Administration Building
207 Fourth Avenue North Kelso, WA 98626
TEL (360) 577-3020
FAX (360) 423-9987
www.co.cowlitz.wa.us
December 6, 2022
Matt Campbell General Mechanical Inc.
2316 S. State St. Tacoma, WA 98405
SUBJECT: Contract Completion for the Hall of Justice Valve Replacement Project #2022-0024-01 for a cost totaling $90,195.21 including Washington State Sales Tax
Dear Mr. Campbell,
We have received certification from the Cowlitz County Facilities Maintenance Department that General Mechanical Inc. has satisfactorily completed the contract for the Hall of Justice Valve Replacement Project #2022-0024-01 on October 14, 2022, therefore, we accept the contract as being complete.
Very truly yours,
Board of County Commissioners of Cowlitz County, Washington
Dennis P. Weber, Chairman
Rick Dahl, Commissioner
Arne Mortenson, Commissioner
ATTEST:
Kelly Dombrowsky, Clerk of the Board
BOCC:jb
Admin/Annex Boiler Replacement
Project #2023-0018-01
Bids Due April 11, 2023
Description Base Price Tax Subtotal Base Price Tax Total Material $104,874.00 $8,599.67 $113,473.67 $108,000.00 $8,856.00 $116,856.00 Labor $89,571.00 $7,344.82 $96,915.82 $45,000.00 $3,690.00 $48,690.00 SubTotal $210,389.49 $165,546.00 Description Base Price Tax Subtotal Base Price Tax Total Material $70,531.00 $5,783.54 $76,314.54 $80,000.00 $6,560.00 $86,560.00 Labor $89,571.00 $7,344.82 $96,915.82 $45,000.00 $3,690.00 $48,690.00 SubTotal $173,230.36 $135,250.00
on bid forms - shown accurately above Northwest Control Company Apex Mechanical* $300,796.00 Administration Boiler Annex Boiler Total Bid: $383,619.85
*Tax miscalculated
AS-12764
BOCC Agenda
Meeting Date: 04/25/2023
Motion Items 8.
Contract Execution: Telecommunications System Replacement Project #2022-0052-01
Submitted For: Kim Hort
Department: Information Technology
Submitted By: Ashley Claussen
Information
Subject and Summary Statement
On February 21, 2023, the Board of County Commissioners voted to award the agreement for the replacement of the existing Avaya telecommunications to World Wide Technology in the amount of $538,273.45 (AS-12643).
Upon further review and analysis of products, services, and equipment, World Wide Technology has provided a final quotation for County approval. Included in the proposal are the following additions:
Hardware (headsets, phones, etc.)
Emergency 911 Routing Service
Call Account Software
On-Premise Fax
Service Fees/Licensing
Washington State Sales Tax
All terms and conditions in the agreement have received prior review and approval from World Wide Technology as well as Cowlitz County Prosecuting Attorney’s Office and Risk Management. There are sufficient appropriations in the department budget.
Will Staff Attend - NAME OF STAFF
Yes - Kim Hort.
Department Recommendation
The Information Technology Department recommends that the Cowlitz County Board of Commissioners move to approve and authorize the agreement with World Wide Technology in the amount of $647,511.19 with a 10% contingency allowance to accommodate unforeseen developments critical to timely project completion.
Approved:_____________________
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Attest:______________________ Clerk of the Board
Richard R. Dahl, Chairman
Arne Mortensen, Commissioner
Dennis P. Weber, Commissioner
Clerk of the Board
Fiscal Impact
Expenditure Required $: 647,511.19
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : IT
Grant Y-N: N
Attachments
Final Proposal
Agreement
Form Review
Inbox Reviewed By Date
Kim Hort
Kim Hort Kim Hort 04/19/2023 10:50 AM
Form Started By: Ashley Claussen Started On: 04/14/2023 09:02 AM
Sales Quotation
Quote # 6418482.3
Quote Date APR-11-2023
Expiration Date MAY-11-2023 Quote Name Telecommunications System Replacement V1
Ann.Smith@wwt.com
David.McDaniel@wwt.com
Submitted By ISR Ann D.
Smith (602) 472-7306
AM David
J McDaniel (425) 635-1205
Submitted To
Kim Hort
Issue PO To World Wide Technology, LLC. 1 World Wide
Saint
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE Cisco 1 BE6K-M6-K9 CISCO SYSTEMS (CISCOPRO) 2 21 $4,748.63 $9,497.26 Description: Cisco Business Edition 6000 (M6) Appliance, Export Restr SW 2 CON-SNT-BE6K6KHW CISCO SYSTEMS (CISCOPRO) 2 CALL $1,994.40 $3,988.80 Description: SNTC-8X5XNBD Cisco Business Edition 6000 (M6) Applian Service Duration: 60 Months 3 VIRT-LIC-NONE CISCO SYSTEMS (CISCOPRO) 2 35 $0.00 $0.00 Description: Do not factory-load a virtualization software license 4 BE6K-CPU-M6 CISCO SYSTEMS (CISCOPRO) 2 21 $0.00 $0.00 Description: Intel 4310T 2.3GHz/105W 10C/15MB DDR4 2667MHz 5 BE6K-RAM-M6-M5 CISCO SYSTEMS (CISCOPRO) 6 21 $0.00 $0.00 Description: 16GB RDIMM SRx4 3200 (8Gb) 6 BE6K-RAIDCTRLR-M6 CISCO SYSTEMS (CISCOPRO) 2 21 $0.00 $0.00 Description: Cisco 12G SAS RAID Controller w/4GB FBWC (16 Drv) w/1U Brkt 7 BE6K-DISK-M6 CISCO SYSTEMS (CISCOPRO) 6 21 $0.00 $0.00 Description: 600GB 12G SAS 10K RPM SFF HDD 8 BE6K-PSU-M6 CISCO SYSTEMS (CISCOPRO) 4 21 $0.00 $0.00 Description: Cisco UCS 1050W AC Power Supply for Rack Server
Cowlitz County Washington
Hort.Kim@cowlitzwa.gov
Way
Louis, MO 63146 US
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 9 BE6K-TPM-M6 CISCO SYSTEMS (CISCOPRO) 2 21 $0.00 $0.00 Description: TPM 2.0, TCG, FIPS140-2, CC EAL4+ Certified, for M6 servers 10 CAB-C13-C14-2M CISCO SYSTEMS (CISCOPRO) 4 35 $0.00 $0.00 Description: Power Cord Jumper, C13-C14 Connectors, 2 Meter Length 11 VMW-VSP-STD-5A= CISCO SYSTEMS (CISCOPRO) 2 6 $920.58 $1,841.16 Description: VMware vSphere 8 Std (1 CPU, 32 Core) 5-yr, Support Required 12 CON-ISV1-VSXSTD5A CISCO SYSTEMS (CISCOPRO) 2 CALL $2,185.20 $4,370.40 Description: VSphere Standard for 1 CPU; ANNUAL List 5-YR Reqd Service Duration: 60 Months 13 UCS-VMW-TERMS CISCO SYSTEMS (CISCOPRO) 2 14 $0.00 $0.00 Description: Acceptance of Terms, Standalone VMW License for UCS Servers 14 C8200L-1N-4T CISCO SYSTEMS (CISCOPRO) 3 70 $828.02 $2,484.06 Description: Cisco Catalyst 8200L with 1-NIM slot and 4x1G WAN ports 15 CON-SNT-C8200TL1 CISCO SYSTEMS (CISCOPRO) 3 CALL $1,170.00 $3,510.00 Description: SNTC-8X5XNBD Cisco Catalyst 8200L with 1-NIM slot and Service Duration: 60 Months 16 MEM-C8200-4GB CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Edge 4GB memory 17 C-RFID-1R CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: Cisco Catalyst 8000 Edge RFID - 1RU 18 C8200-RM-19-1R CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Rack mount kit - 19" 1R 19 NETWORK-PNP-LIC CISCO SYSTEMS (CISCOPRO) 3 3 $0.00 $0.00 Description: Network Plug-n-Play Connect for zero-touch device deployment 20 C8200-PIM-BLANK CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Edge PIM Blank 21 C-M2-BLANK CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: Cisco Catalyst 8000 Edge M.2 Blank Cover 22 IOSXE-AUTO-MODE CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: IOS XE Autonomous boot up mode for Unified image
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 23 SC8KBEUK9-176 CISCO SYSTEMS (CISCOPRO) 3 28 $0.00 $0.00 Description: UNIVERSAL 24 DNAC-ONPREM-PF CISCO SYSTEMS (CISCOPRO) 3 3 $0.00 $0.00 Description: Cisco DNA Center On Prem Deployment Option for WAN - Each 25 DNA-P-T0-A-3Y CISCO SYSTEMS (CISCOPRO) 3 CALL $1,529.93 $4,589.79 Description: Cisco DNA Advantage On-Prem Lic 3Y - upto 25M (Aggr, 50M) - Each 26 SVS-PDNA-ADV CISCO SYSTEMS (CISCOPRO) 3 3 $0.00 $0.00 Description: Embedded Support for SW - Tiered DNA Advantage On-Prem - Each 27 DSTACK-T0-A CISCO SYSTEMS (CISCOPRO) 3 3 $0.00 $0.00 Description: Cisco DNA Advantage Stack - upto 25M (Aggr, 50M) - Each 28 NWSTACK-T0-A CISCO SYSTEMS (CISCOPRO) 3 3 $0.00 $0.00 Description: Cisco Network Advantage Stack - upto 25M (Aggr, 50M) - Each 29 SDWAN-UMB-ADV CISCO SYSTEMS (CISCOPRO) 3 3 $0.00 $0.00 Description: Cisco Umbrella for DNA Advantage - Each 30 NIM-1MFT-T1/E1 CISCO SYSTEMS (CISCOPRO) 3 28 $616.75 $1,850.25 Description: 1 port Multiflex Trunk Voice/Clear-channel Data T1/E1 Module 31 PVDM4-32 CISCO SYSTEMS (CISCOPRO) 3 28 $703.81 $2,111.43 Description: 32-channel DSP module 32 CAB-AC CISCO SYSTEMS (CISCOPRO) 3 7 $0.00 $0.00 Description: AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 33 TE-EMBED-WANI CISCO SYSTEMS (CISCOPRO) 3 CALL $0.00 $0.00 Description: Cisco ThousandEyes WAN Insights Embedded - License 34 C8200L-1N-4T CISCO SYSTEMS (CISCOPRO) 11 70 $828.02 $9,108.22 Description: Cisco Catalyst 8200L with 1-NIM slot and 4x1G WAN ports 35 CON-SNT-C8200TL1 CISCO SYSTEMS (CISCOPRO) 11 CALL $1,170.00 $12,870.00 Description: SNTC-8X5XNBD Cisco Catalyst 8200L with 1-NIM slot and Service Duration: 60 Months 36 MEM-C8200-4GB CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Edge 4GB memory
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 37 C-RFID-1R CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: Cisco Catalyst 8000 Edge RFID - 1RU 38 C8200-RM-19-1R CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Rack mount kit - 19" 1R 39 NETWORK-PNP-LIC CISCO SYSTEMS (CISCOPRO) 11 3 $0.00 $0.00 Description: Network Plug-n-Play Connect for zero-touch device deployment 40 C8200-PIM-BLANK CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Edge PIM Blank 41 C-M2-BLANK CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: Cisco Catalyst 8000 Edge M.2 Blank Cover 42 IOSXE-AUTO-MODE CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: IOS XE Autonomous boot up mode for Unified image 43 SC8KBEUK9-176 CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: UNIVERSAL 44 DNAC-ONPREM-PF CISCO SYSTEMS (CISCOPRO) 11 3 $0.00 $0.00 Description: Cisco DNA Center On Prem Deployment Option for WAN - Each 45 DNA-P-T0-A-3Y CISCO SYSTEMS (CISCOPRO) 11 CALL $1,529.93 $16,829.23 Description: Cisco DNA Advantage On-Prem Lic 3Y - upto 25M (Aggr, 50M) - Each 46 SVS-PDNA-ADV CISCO SYSTEMS (CISCOPRO) 11 3 $0.00 $0.00 Description: Embedded Support for SW - Tiered DNA Advantage On-Prem - Each 47 DSTACK-T0-A CISCO SYSTEMS (CISCOPRO) 11 3 $0.00 $0.00 Description: Cisco DNA Advantage Stack - upto 25M (Aggr, 50M) - Each 48 NWSTACK-T0-A CISCO SYSTEMS (CISCOPRO) 11 3 $0.00 $0.00 Description: Cisco Network Advantage Stack - upto 25M (Aggr, 50M) - Each 49 SDWAN-UMB-ADV CISCO SYSTEMS (CISCOPRO) 11 3 $0.00 $0.00 Description: Cisco Umbrella for DNA Advantage - Each 50 CAB-AC CISCO SYSTEMS (CISCOPRO) 11 7 $0.00 $0.00 Description: AC Power Cord (North America), C13, NEMA 5-15P, 2.1m
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 51 TE-EMBED-WANI CISCO SYSTEMS (CISCOPRO) 11 CALL $0.00 $0.00 Description: Cisco ThousandEyes WAN Insights Embedded - License 52 C8200-NIM-BLANK CISCO SYSTEMS (CISCOPRO) 11 28 $0.00 $0.00 Description: Cisco Catalyst 8200 Edge NIM Blank 53 NIM-2FXO= CISCO SYSTEMS (CISCOPRO) 8 182 $259.07 $2,072.56 Description: 2-port Network Interface Module - FXO (Universal) 54 NIM-2FXS/4FXOP= CISCO SYSTEMS (CISCOPRO) 3 140 $703.63 $2,110.89 Description: 2-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module 55 A-FLEX-3 CISCO SYSTEMS (CISCOPRO) 1 CALL $0.00 $0.00 Description: Collaboration Flex Plan 3.0 || Subscription Term: 60 months 56 SVS-FLEX-SUPT-BAS CISCO SYSTEMS (CISCOPRO) 1 CALL $0.00 $0.00 Description: Basic Support for Flex Plan - Each 57 A-FLEX-EAPL CISCO SYSTEMS (CISCOPRO) 435 21 $4.43 $115,623.00 Description: EntW On-Premises Calling - Each 58 A-FLEX-SPEECHVIEW CISCO SYSTEMS (CISCOPRO) 435 3 $0.73 $19,053.00 Description: Speechview Standard - User 59 A-FLEX-SME-S CISCO SYSTEMS (CISCOPRO) 1 3 $0.00 $0.00 Description: Session Manager (1) - User 60 A-FLEX-SRST-E CISCO SYSTEMS (CISCOPRO) 870 3 $0.00 $0.00 Description: SRST Endpoints (1) - User 61 A-FLEX-P-EA CISCO SYSTEMS (CISCOPRO) 522 3 $0.00 $0.00 Description: On-Premises Smart License - EA (1) - User 62 A-FLEX-P-ACC CISCO SYSTEMS (CISCOPRO) 87 3 $0.00 $0.00 Description: Access Smart License (1) - User 63 A-FLEX-P-CA CISCO SYSTEMS (CISCOPRO) 218 3 $0.00 $0.00 Description: Common Area Smart License (1) - User 64 A-FLEX-P-UCXN CISCO SYSTEMS (CISCOPRO) 522 3 $0.00 $0.00 Description: Unity Connection Smart License (1) - User
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 65 A-FLEX-P-ER CISCO SYSTEMS (CISCOPRO) 1,305 3 $0.00 $0.00 Description: Emergency Responder Smart License (1) - User 66 A-FLEX-EXP-PAK CISCO SYSTEMS (CISCOPRO) 1 3 $0.00 $0.00 Description: Expressway Product Authorization Key (1) - User 67 A-FLEX-CCUCS-EA CISCO SYSTEMS (CISCOPRO) 522 21 $0.00 $0.00 Description: Cloud Connected UC EA Standard ENT - User 68 A-FLEX-C-DEV-ENT CISCO SYSTEMS (CISCOPRO) 522 35 $0.00 $0.00 Description: Cloud Device Registration Entitlement - User 69 A-FLEX-MSG-ENT CISCO SYSTEMS (CISCOPRO) 522 CALL $0.00 $0.00 Description: Messaging Entitlement - User 70 A-FLEX-FILESTG-ENT CISCO SYSTEMS (CISCOPRO) 10,440 CALL $0.00 $0.00 Description: File Storage Entitlement - User 71 A-FLEX-PROPACK-ENT CISCO SYSTEMS (CISCOPRO) 522 35 $0.00 $0.00 Description: Pro Pack for Cisco Control Hub Entitlement - User 72 A-FLEX-EXP-RMS CISCO SYSTEMS (CISCOPRO) 87 3 $0.00 $0.00 Description: Expressway Rich Media Session (1) - User 73 A-FLEX-SW-14-K9 CISCO SYSTEMS (CISCOPRO) 1 3 $0.00 $0.00 Description: On-Premises SW Bundle v14 (1) - User 74 A-FLEX-ENH-CUBE CISCO SYSTEMS (CISCOPRO) 50 3 $2.12 $6,360.00 Description: CUBE Enhanced Trunk Session License - Each 75 CP-8811-K9= CISCO SYSTEMS (CISCOPRO) 313 21 $193.46 $60,552.98 Description: Cisco IP Phone 8811 Series 76 CP-8851-K9= CISCO SYSTEMS (CISCOPRO) 200 21 $249.74 $49,948.00 Description: Cisco IP Phone 8851 77 CP-8800-A-KEM= CISCO SYSTEMS (CISCOPRO) 20 35 $239.14 $4,782.80 Description: 8800 Series Audio KEM, 28 Button 78 CP-8832-K9 CISCO SYSTEMS (CISCOPRO) 20 35 $698.79 $13,975.80 Description: Cisco 8832 in Charcoal with accessories for North America
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 79 CP-8832-POE CISCO SYSTEMS (CISCOPRO) 20 21 $0.00 $0.00 Description: Cisco IP Conference Phone 8832 PoE Accessories for Worldwide 80 VG310 CISCO SYSTEMS (CISCOPRO) 1 70 $2,553.97 $2,553.97 Description: Modular 24 FXS Port VoIP Gateway with PVDM3-64 81 CON-SNT-VG310ICV CISCO SYSTEMS (CISCOPRO) 1 CALL $2,195.03 $2,195.03 Description: SNTC-8X5XNBD Cisco VG310 - Modular 24 FXS Port Voice Service Duration: 60 Months 82 SVG3XUK9-15903M CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: Cisco VG3X0 UNIVERSAL 83 MEM-CF-256MB CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: 256MB Compact Flash for Cisco 1900, 2900, 3900 ISR 84 CAB-AC CISCO SYSTEMS (CISCOPRO) 1 7 $0.00 $0.00 Description: AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 85 PVDM3-64 CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: 64-channel high-density voice DSP module 86 HWIC-BLANK CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: Blank faceplate for HWIC slot on Cisco ISR 87 SL-VG3X0-IPB-K9 CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: Cisco VG3X0 IP Base License 88 SL-VG3X0-UC-K9 CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: Cisco VG3X0 Unified Communications License 89 VG400-8FXS CISCO SYSTEMS (CISCOPRO) 2 70 $1,654.45 $3,308.90 Description: Cisco VG400 Analog Voice Gateway 90 CON-SNT-VG4008X CISCO SYSTEMS (CISCOPRO) 2 CALL $1,422.04 $2,844.08 Description: SNTC-8X5XNBD Cisco VG400 Analog Voice Gateway Service Duration: 60 Months 91 SL-VG400-UC-K9 CISCO SYSTEMS (CISCOPRO) 2 3 $0.00 $0.00 Description: Unified Communication License for VG400 Series 92 CAB-AC CISCO SYSTEMS (CISCOPRO) 2 7 $0.00 $0.00 Description: AC Power Cord (North America), C13, NEMA 5-15P, 2.1m
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 93 PWR-VG400-AC CISCO SYSTEMS (CISCOPRO) 2 28 $0.00 $0.00 Description: AC Power Supply for Cisco VG400 94 ACS-4220-RM-19 CISCO SYSTEMS (CISCOPRO) 2 35 $47.61 $95.22 Description: 19 inch rack mount kit for Cisco ISR 4220 & VG400 95 SVG400UK9-1612 CISCO SYSTEMS (CISCOPRO) 2 28 $0.00 $0.00 Description: UNIVERSAL 96 VG400-2FXS/2FXO CISCO SYSTEMS (CISCOPRO) 1 70 $1,092.49 $1,092.49 Description: Cisco VG400 Analog Voice Gateway 97 CON-SNT-VG4002FO CISCO SYSTEMS (CISCOPRO) 1 CALL $938.52 $938.52 Description: SNTC-8X5XNBD Cisco VG400 Analog Voice Gateway Service Duration: 60 Months 98 SL-VG400-UC-K9 CISCO SYSTEMS (CISCOPRO) 1 3 $0.00 $0.00 Description: Unified Communication License for VG400 Series 99 CAB-AC CISCO SYSTEMS (CISCOPRO) 1 7 $0.00 $0.00 Description: AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 100 PWR-VG400-AC CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: AC Power Supply for Cisco VG400 101 ACS-4220-RM-19 CISCO SYSTEMS (CISCOPRO) 1 35 $47.61 $47.61 Description: 19 inch rack mount kit for Cisco ISR 4220 & VG400 102 SVG400UK9-1612 CISCO SYSTEMS (CISCOPRO) 1 28 $0.00 $0.00 Description: UNIVERSAL 103 GLC-SX-MMD= CISCO SYSTEMS (CISCOPRO) 16 14 $214.42 $3,430.72 Description: 1000BASE-SX SFP transceiver module, MMF, 850nm, DOM 104 GLC-LH-SMD= CISCO SYSTEMS (CISCOPRO) 22 14 $424.71 $9,343.62 Description: 1000BASE-LX/LH SFP transceiver module, MMF/SMF, 1310nm, DOM 105 NIM-2FXO-RF CISCO SYSTEMS (CISCOPRO) 8 28 $155.41 $1,243.28 Description: 2-port N/w Interface Module - FXO (Universal) REMANUFACTURED 106 NIM-4FXO-RF CISCO SYSTEMS (CISCOPRO) 8 28 $303.91 $2,431.28 Description: 4port NetworkInterfaceModule- FXO (Universal) REMANUFACTURED
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE 107 CP-8821-K9-BUN CISCO SYSTEMS (CISCOPRO) 5 21 $522.35 $2,611.75 Description: Cisco Unified Wireless IP Phone 8821, World Mode Bundle 108 CP-PWR-8821-NA CISCO SYSTEMS (CISCOPRO) 5 21 $0.00 $0.00 Description: Cisco 8821 Power Supply for North America 109 CP-BATT-8821 CISCO SYSTEMS (CISCOPRO) 5 21 $0.00 $0.00 Description: Cisco 8821 Battery, Extended 110 CP-840-BUN-K9 CISCO SYSTEMS (CISCOPRO) 5 14 $710.54 $3,552.70 Description: Cisco 840 WW Phone, Battery, Cable, Charger 111 CP-800-USBCH CISCO SYSTEMS (CISCOPRO) 5 21 $0.00 $0.00 Description: Cisco 800 USB Cable with WW Wall Charger SUBTOTAL : $383,218.80 Intrado 112 PROSR-PISHRR INTRADO 1 CALL $1,700.00 $1,700.00 Description: Professional Implementation - 10 hours for Intrado Emergency Routing Service 113 PROSR-LMSETF INTRADO 1 CALL $1,500.00 $1,500.00 Description: Location Manager Setup Fee 114 EN911-ANERSF INTRADO 1 CALL $3,600.00 $3,600.00 Description: Enterprise ERS 911 Service Annual ChargeNo change in fees for first 12 months. Automatic annual adjustment based on prior 12 months’ actual average. *{{ERS Endpoints : 50} {LM Endpoints: 50) {911 response call center calls/year: 1}* 115 EN911-NETSER INTRADO 1 CALL $2,400.00 $2,400.00 Description: EN911-NETSER Enterprise VPN Tunnel MRC Fee SUBTOTAL : $9,200.00 ISI 116 V6-C-ACTIVATION ISI TELEMANAGEMENT SOLUTIONS INC 1 CALL $1,857.50 $1,857.50 Description: Cloud Activation Fee 117 V6-C-BASE ISI TELEMANAGEMENT SOLUTIONS INC 500 CALL $10.80 $5,400.00 Description: Infortel Select Cloud - UC Analytics & Reporting SUBTOTAL : $7,257.50
Total Price $647,096.48
This quote is WWT Confidential Information.
Seller provides all products and original manufacturer services to Buyer only in accordance with any applicable original manufacturer terms and conditions within the applicable end user license agreement, terms of service, or similar legal instrument.
Unless expressly stated herein, price quotes are valid for 30 days and are subject to change thereafter.
Due to recent trade tensions between the US and China, increasing tariffs have been levied on goods manufactured in each country that are imported into the other. As a result, prices quoted are subject to adjustment for changes in the tariff rates.
Unless expressly stated herein, prices do not include, and Buyer is responsible for, any and all taxes, handling, shipping, transportation, duties or other charges or fees relating to the sale and delivery of products. Products may only be returned in accordance with the original manufacturer's RMA policy. Items returned after 30 days of receipt may not be returnable due to vendor restrictions. All delivery dates are approximate and not guaranteed.
LINE # MANUFACTURER PART # MANUFACTURER QTY LEAD TIME CUST. PRICE EXT. PRICE Poly 118 209215-01 POLY INC 50 CALL $218.05 $10,902.50 Description: Plantronics Savi 8220 UC, Stereo, Standard OTH STEREO DECT 6.0 NA 119 211200-01 POLY INC 1 CALL $198.95 $198.95 Description: Plantronics Savi 8240 UC, Convertible CONVERTIBLE DECT 6.0 NA 120 209213-01 POLY INC 1 CALL $205.32 $205.32 Description: Plantronics Savi 8210 UC, Monaural, Standard D200 USB-A OTH MONO DECT 6.0 NA 121 213726-01 POLY INC 1 CALL $175.08 $175.08 Description: Poly Voyager Focus 2 Headset STEREO BLUETOOTH HEADSET 122 213727-01 POLY INC 1 CALL $181.03 $181.03 Description: VOYAGER FOCUS 2 UC USB-A WRLS STERO BLUETOOTH W/ CHARGE STAND SUBTOTAL : $11,662.88 Professional Services 123 PROFESSIONAL SERVICES WWT PROFESSIONAL SERVICES 1 CALL $187,100.00 $187,100.00 Description: Professional services SUBTOTAL : $187,100.00 TOTALS Subtotal $598,439.18 Estimated Shipping $0.00 Estimated Tax
$48,657.30
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Within the 30 day quote validity period WWT reserves the right to revise the quote due to exchange rate fluctuations.
GOODS AND SERVICES AGREEMENT
Contract Number: 2022-0052-01
THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called "County" or "Cowlitz County") and
Name: World Wide Technology, LLC
Address: 1 World Wide Way Saint Louis, MO 63146
Phone No: 602-472-7306
(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
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 date of final signature below and be effective until all work required to be performed hereunder is completed and accepted, or no later than July 31, 2023, whichever occurs first, unless terminated as provided elsewhere in the Agreement. Supplemental licensing and maintenance agreements may be executed and may exceed the term of this Agreement. Terms and conditions in effect at the date of signing such supplemental agreements shall remain in effect for the duration of such agreements.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of 2023.
CONTRACTOR:
Print name:
Title:
Date:
(OptionalforCommissionerApproval)
ATTEST:
Kelly Dombrowsky, Clerk of the Board
[2014_ver. 3]
COWLITZ COUNTY:
Richard R. Dahl, Chairman
Arne Mortensen, Commissioner
Dennis P. Weber, Commissioner (BOCCapprovalsubjecttoBoardratificationorauthorization)
CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY
SCOPE OF WORK
Cowlitz County hereby engages the Contractor to serve as an independent contractor providing the products and project management services required for implementation of a new telecommunication system for Cowlitz County on the terms and conditions set forth in this Agreement. The Contractor agrees to provide services for the County that includes the following elements:
1. Project Kickoff and Identification of Stakeholders.
2. Discovery to ensure the needs of County staff are met.
3. IP-based Voice Capabilities
4. Reliability and System Longevity
5. System Redundancy
6. System Administration
7. Support and Service Capabilities
8. Scalability
9. Training, usage plan, and configuration for departmental billing.
10. Migration plan from existing telephony system.
11. Migration of existing incoming lines.
12. Porting DID to Cowlitz911 and assist with seamless transition of active DID and extensions.
13. Recommendations for including panic alarms within the phone system.
14. Installation plan and support for all hardware/software.
15. Proposal of physical server and/or cloud services. The County has an existing VMware virtual environment. Proposed virtual servers may be integrated into the existing environment to be determined during the project planning stage.
16. Outline and propose solution to implement Session Initiation Protocol (SIP). This would replace the County PRI (T1) trunks from the Telco.
17. Configuration of E911 regulatory requirements and Alerting System.
18. As needed ability to transcript voicemails.
19. Criminal Justice Information Services (CJIS) certified vendor.
20. Proposal of HIPAA-compliant faxing and eFax solutions.
21. Product solutions for physical/cordless phones, wireless phones, fax machines, hearing assist equipment, speed dial configuration, user headsets, and analog phone line replacement.
22. Integration with Microsoft Office365 products such as Teams.
23. All other services and/or activities as detailed in the Contractor’s Statement of Work dated March 27, 2023, incorporated by reference as if fully set forth herein.
The Project will be considered successful when the following Project goals are met:
1. County and Contractor participate in needs assessment to determine that the right system solutions and hardware are chosen.
2. Full implementation of new VoIP system by July 31, 2023.
3. All current phone and fax numbers have been moved from the existing system to the new system.
4. Employees have all the resources to properly operate the new system.
5. Ongoing support and maintenance are in place.
6. Information Technology and Purchasing staff are successfully trained and management/maintenance plans are implemented.
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.
PERSONAL SERVICES AGREEMENT ATTACHMENT A Page 1
COMPENSATION
For services rendered, the County shall pay to the Contractor a not to exceed amount of six hundred fortyseven thousand five hundred eleven dollars and nineteen cents ($647,511.19) for performance of the work (“Contract Sum”). Any compensation in excess of this amount will require written agreement between the County and the Contractor.
Purchase orders shall be issued referencing this Agreement number. Purchase order(s) shall define and authorize the Work by the Contractor based on the prices contained in this Agreement. The purchase orders issued by the County may reflect agreed to Contract Amendments. When a purchase order is issued against this Agreement that has the potential for multiple or partial deliveries, a separate invoice shall be generated for each completed delivery accepted by the County. All invoices shall include the following information: purchase order number, requester's name and phone number, date of invoice, invoice number and invoice total. For each item in the Agreement, provide: item number, quantity, description, Agreement price and when applicable provide the manufacture, list price and discounts. For services, invoices shall identify either milestones accepted, hours worked and Agreement hourly rates, or authorized fees. In no event shall payment be sought in an amount which represents a percentage of the fee greater than the percentage of completed tasks.
Contractor’s Contract Sum is all inclusive and includes, but is not limited to, all work-related costs, expenses, salaries or wages, plus fringe benefits and contributions, including payroll taxes, workers compensation insurance, liability insurance, profit, pension benefits, and all other contributions and benefits, technology and/or software charges, licensing, trademark, and/or copyright costs, office expenses, travel expenses, mileage, and all other indirect and overhead charges.
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 1
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
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 2
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. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor’s or its Subcontractor’s performance or failure to perform the Agreement.
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 3
In no event shall Contractor’s aggregate liability to the County under this Agreement or in any Statement of Work or Purchase Order issued hereunder exceed the total amount paid by the County to Contractor for the products or services giving rise to the claim. Subject to the foregoing limitations, in no event shall either party be liable to any person for lost business or lost profits or any indirect, incidental, special, punitive, or consequential damages, however arising, even if such party has been advised of the possibility of such damages.
It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any connection with this Agreement.
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, or other worker’s compensation act, disability benefit act, or other employee benefit act of any jurisdiction otherwise applicable, 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.
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 4
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 exclusively for the County by the Contractor and/or its consultants or subcontractors, and expressly set out as a deliverable prepared exclusively for the County in an applicable Statement of Work under this Agreement shall be the sole and absolute property of the County 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
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 5
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: Kim Hort, Director of Information Technology
Address: 207 Fourth Avenue N Kelso, WA 98626
Phone: 360-577-3024 ext. 6734
E-Mail: hort.kim@cowlitzwa.gov
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 6
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
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 7
part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.
36. Contract Documents. The Contract Documents for this Agreement, except for modifications issued after execution of this Agreement, form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein. The contract represents the entire and integrated Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. An enumeration of the contract documents is set forth below:
1. Notice of Award; and
2. Agreement Addenda; and
3. Agreement; and
4. RFP Addenda;and
5. Conditions of Cowlitz County Request For Proposals No. 2022-0052-01; and
6. World Wide Technology Statement of Work dated March 27, 2023; and
7. World Wide Technology Sales Quotation #6418482.3 dated April 11, 2023; and
8. Proposal of Contractor in response to RFP dated January 3, 2023.
PERSONAL SERVICES AGREEMENT ATTACHMENT C Page 8
SPECIAL TERMS AND CONDITIONS
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:
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 all required liability policies 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 and property damage
$1,000,000 per occurrence
$2,000,000 Aggregate
ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period
Endorsement (two year tail).
$1,000,000 per occurrence
$2,000,000 Aggregate
WORKERS COMPENSATION: Statutory amount
AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles
Bodily injury, liability, including death, and $1,000,000 Combined Single Limit
Property damage liability
All Contractor’s and Contractor’s subcontractors’ insurance policies and, where applicable, 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.
PERSONAL SERVICES AGREEMENT ATTACHMENT D Page 1
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 any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Coverages provided by Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington’s Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best’s Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating
Contractor hereby agrees to a waive subrogation with respect to the general liability insurance policies maintained under this Agreement.
The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with blanket 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 the attention of the project manager. This Agreement shall be voidabinitioif 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 selfinsured 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 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.
PERSONAL SERVICES AGREEMENT ATTACHMENT D Page 2
Reserved.
Other (specify):
3.
4.
AS-12769
BOCC Agenda
Meeting Date: 04/25/2023
Cowlitz County Humane Society Contract
Submitted For: Kelly Dombrowsky, Clerk of the Board
Submitted By: Kelly Dombrowsky, Clerk of the Board
Department: Commissioners Office
Information
Motion Items 9.
Subject and Summary Statement
Agreement with humane society for animal control, shelter, and welfare for the initial term of January 1, 2023 through December 31, 2023 unless otherwise renewed or terminated by either party upon 30 days written notice. Compensation for the first year of the Agreement shall be $363,361.85; payments will be made quarterly.
Will Staff Attend - NAME OF STAFF Department Recommendation
Attachments
Contract
Form Started By: Kelly Dombrowsky
Final Approval Date: 04/18/2023
Form Review
Started On: 04/18/2023 12:37 PM
AGREEMENT BETWEEN COWLITZ COUNTY AND HUMANE SOCIETY OF COWLITZ COUNTY
THIS AGREEMENT is made and entered into by and between COWLITZ COUNTY, a political subdivision of the State of Washington, acting by and through the Board of County Commissioners, (hereinafter referred to as "County") and the HUMANE SOCIETY OF COWLITZ COUNTY, a Washington nonprofit corporation, (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, Cowlitz County has declared it necessary to and has established regulations and procedures for animal control in the unincorporated areas of Cowlitz County as set out in Cowlitz County Code (CCC) 6.12; and
WHEREAS, the Cowlitz County Board of Commissioners has authority to appoint an Animal Control Authority to enforce the animal control laws of the county and state and to provide for the shelter and welfare of animals; and
WHEREAS, CCC 6.12.210 authorizes the Animal Control Authority and each Animal Control Officer to have full authority to administer and enforce CCC 6.12, or any other county ordinance, state law or regulation pertaining to animal control, the prevention of cruelty to animals, and other similar matters related to animals; and
WHEREAS, the HUMANE SOCIETY OF COWLITZ COUNTY desires appointment as the Animal Control Authority for the unincorporated areas of Cowlitz County, and the Board of Commissioners desires to make such appointment and Agreement for services as described herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Animal Control Authority. Contractor is hereby designated as the Animal Control Authority in the unincorporated areas of Cowlitz County and all of Contractor’s officers, agents, and employees are designated animal control officers of the County with all powers and duties as prescribed by CCC 6.12, except as herein modified. Contractor agrees to qualify and remain qualified to diligently perform all animal control services in unincorporated Cowlitz County in accordance with this Agreement, and with CCC 6.12, or any other county ordinance, state law or regulation pertaining to animal control, the prevention of cruelty to animals and other similar matters related to animals.
Only those members or employees of Contractor who have qualified in accordance with RCW 16.52.015 and/or RCW 16.52.025 may carry out or enforce the provisions of RCW Chapter 16.52 and CCC 6.12.
Contractor agrees to employ enforcement officers to be suitably uniformed to present a clean, respectable image to the public. Said officers shall be trained and commissioned as enforcement officers so as to enable them to enforce the terms of this Agreement. Training shall include, but not be limited to, the issuance of citations, investigations, report preparation, court proceedings, and methods of animal control and handling.
The Contractor shall provide and maintain a sufficient number of patrol vehicles to carry out the terms of this Agreement. Said vehicles shall be conspicuously marked and identified, equipped with communication equipment and arranged in such a manner as to provide humane treatment for the animals transported.
The word “animal” or “animals” as used in this Agreement shall mean all domestic animals and wild animals which have been tamed or kept in captivity. It shall not pertain to undomesticated wild or predatory animals or birds except in the case of injury to, suffering and/or death of such animals or birds.
2. Scope of Services. Contractor's obligations hereunder are those set forth in the attached Specifications for Animal Control, which are incorporated herein by this reference. Contractor agrees to perform such obligations fully. The services of Contractor shall be available to the County and to the general public in the unincorporated areas of the County. Contractor shall provide personnel for the performance of Contractor’s duties to be available, at a minimum, Monday through Friday, between the hours of 9:00 a.m. and 5:00 p.m., excluding legal holidays.
Contractor shall pay all expenses and costs necessary for the proper implementation of the duties assumed under this Agreement.
The Office of Administrative Services shall administer this agreement on behalf of the County, and the Contractor shall perform the required services to the satisfaction of the County Public Services Director, Mike Moss. Determination of satisfaction with the Contractor's services shall be based on reasonable and objective standards that are not inconsistent with this agreement.
3. Term. The initial term of this Agreement shall be January 1, 2023 through December 31, 2023 unless earlier terminated. Either party may terminate this Agreement at any time by giving thirty (30) days' written notice to the other, in which case the amount payable by County under paragraph four shall be prorated accordingly.
4. Compensation. In consideration of Contractor's performance of its obligations, County shall pay Contractor as follows:
The sum of $363,361.85 for the period January 1, 2023 through December 31, 2023. Such sums shall be paid in quarterly installments of $90,840.46, upon invoices received from Contractor and in accordance with the County's regular billing and payment
1
schedule.
5. License Fees. The parties specifically acknowledge and agree that at such time as the County may enact license fees, all such fees shall be paid directly to and retained by the County.
6. Insurance. (a) The Contractor shall obtain insurance coverage of the kinds and in the minimum amounts specified in Exhibit 1 to this Agreement. The Contractor shall maintain such insurance throughout the term of the Agreement. All insurance shall be issued by one or more insurers authorized to transact insurance in the State of Washington. The insurer(s) and the policies are subject to the approval of Cowlitz County. If during the term of the Agreement the County determines that the insurer or the coverage is inadequate, the Contractor shall immediately and at its expense obtain replacement and/or additional coverage, as specified by the County.
(c) Notwithstanding any other provision of the Agreement documents, any failure by the Contractor to comply with any provision of this paragraph shall constitute a material breach of contract, entitling the County to immediately suspend or terminate the Agreement, without any liability to the County.
(d) Maintaining coverage in the minimum amounts required by this paragraph shall not relieve the Contractor from liability in excess of such coverage. If it appears to the County that judgments, claims, or potential claims against the Contractor may exceed the amount of available insurance, the County may withhold from payments due the Contractor such amounts as the County deems necessary to protect itself from liability.
7. Independent Contractor. The Contractor is an independent Contractor of the County, and as such is not subject to the County's immediate control or direction in the performance of the required services. Neither the Contractor nor any of the Contractor's employees or agents shall be deemed to be an official, employee, or agent of the County. The Contractor is solely responsible for its acts and for the acts of its officers, employees, agents, and sub-Contractors.
8. Indemnification. (a) The Contractor shall defend, indemnify, and hold harmless Cowlitz County from and against all claims arising out of or in any way related to any act or omission of the Contractor and/or the Contractor's officers, employees, agents, subcontractors, or suppliers. Without limiting the generality of the preceding sentence, the Contractor's foregoing duty to defend, indemnify, and hold harmless extends to any claim by or on behalf of any of the Contractor's officers or employees, and solely to that extent the Contractor waives its immunity under the industrial insurance laws (RCW Title 51). The Contractor shall have no duty to defend, indemnify, or hold harmless with respect to any claim that arises from Cowlitz County's sole negligence.
(b) For the purposes of this section, (i) "claim" means all claims, lawsuits, causes of action, administrative actions, liabilities, settlements, damages, costs, and attorneys fees, and (ii) "Cowlitz
2
County" means Cowlitz County, its boards and commissions, and all past, present, and future officials, employees, agents, or volunteers of Cowlitz County.
(c) This paragraph shall survive the completion, expiration, and/or termination of this agreement.
9. Subcontracting and Assignments. The Contractor shall not subcontract any portion of the required services without the County's prior written consent. The Contractor likewise shall not assign all or any portion of this agreement without the County's prior written consent. Any purported assignment without this consent shall be void. Any consent granted by the County under this paragraph may be subject to such conditions as the County deems appropriate.
10. Compliance with Laws. Throughout the duration of this agreement, the Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and orders. Contractor shall maintain Workers’ Compensation insurance in accord with statutory requirements with respect to all personnel performing services hereunder.
11. Entire Agreement. This written agreement, together with attachments or addenda, constitutes the parties' entire and integrated agreement and supersedes all prior negotiations, representations or agreements, either written or oral.
12. Captions. The captions in this Agreement are for convenience only and do not in any way limit or amplify particular provisions.
13. Amendments. No provision of this agreement may be amended or modified except by a further written document signed by the County and the Contractor.
14. Severability. 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.
15. Notices. 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 or deposited in the U.S. Mail, certified mail, postage prepaid, return receipt requested, and addressed as follows:
If to the Contractor Humane Society of Cowlitz County
Attention Darren Ullmann, Executive Director
P.O. Box 172
Longview, WA 98632
If to Cowlitz County: Board of County Commissioners
3
Attention: Mike Moss, County Public Services Director
207 North 4th Ave
Kelso, WA 98626
Copy to: Administrative Services 207 4th Avenue North, Room 308
Kelso, WA 98626
Copy to: David Berger, Deputy Prosecuting Attorney
Cowlitz County Prosecuting Attorney
312 S. First W. Ave
Kelso, WA 98626
15. Applicable Law and Venue. 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.
BOARD OF COUNTY COMMISSIONERS
HUMANE SOCIETY OF COWLITZ COUNTY, WASHINGTON
, Chairman
Darren Ullmann, Executive Director
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Dennis Weber, Commissioner
Richard Dahl, Commissioner
Arne Mortensen, Commissioner
Date
Attest: Contractor's Mailing Address: 909 Columbia Blvd P.O. Box 172
Clerk of the Board Longview, WA 98632
Date
Approved as to Form: , Deputy Prosecuting Attorney
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SPECIFICATIONS FOR ANIMAL CONTROL
1. Enforce the provisions of RCW Chapters 16.04, 16.52, 16.54 and CCC 6.12.060 as now enacted or as hereafter amended, and other applicable laws and regulations pertaining to the prevention of cruelty to animals and otherwise fulfill and perform the functions and obligations of the Animal Control Authority under CCC Chapter 6.12.
2. Apprehend and impound stray and/or injured animals in the unincorporated areas of Cowlitz County, including those found on County roads or County road rights-of-way, or make such other disposition of said animals as deemed necessary under the prevailing circumstances. Contractor shall pick up and dispose of carcasses of animals killed on County roads or County road rights-of-way during regular working hours and at such other reasonable times as may be necessary under the prevailing circumstances. Contractor shall assist deputies of the Cowlitz County Sheriff’s Office, troopers of the Washington State Patrol, or other law enforcement officers acting on their behalf in the unincorporated county in clearing livestock found at large on County roads, road rights-of-way and/or property owned by Cowlitz County or whenever animal problems are encountered in the discharge of their duties.
3. Receive at the Shelter quarantine animals as ordered by Cowlitz County; dispose of such animals as deemed necessary under the circumstances.
4. Furnish and maintain a humane and sanitary shelter for the impoundment of all animals. Such shelter shall, at a minimum, be open from 9:00 a.m. to 5:00 p.m., Monday through Friday. Contractor shall at all times keep its facilities in good condition and repair.
5. Provide facilities or referral services for large or exotic animals; such facilities shall be capable of insuring the safe and humane impoundment of these animals.
6. Have access to the services of a licensed veterinarian during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday; provide referral services at all other times.
7. Humanely euthanize and dispose of any impounded sick or injured animal following the recommendation of a licensed veterinarian.
8. Euthanization and disposal of animals shall be accomplished in a manner approved by the Humane Society of the United States or the American Veterinarian Medical Association and in a manner that will not subject the animal to any unnecessary pain. Contractor shall be responsible for the lawful disposal of animal carcasses resulting from the performance of its duties. Disposal shall not include the sale or transfer of animals for scientific, medical, industrial or other research.
9. Provide an emergency on-call service to respond to injured animals twenty-four (24) hours per day. Respond to such calls in a prompt and appropriate manner.
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10. Allow the County, at reasonable times, to inspect the premises, facilities, and equipment used in providing the services required by the parties' agreement.
11. Maintain complete and accurate records, in a manner acceptable to County, concerning revenues and expenditures incurred in the performance of services described herein, as well as dates of service, addresses and/or locations responded to and miles driven. Such records shall be provided to the County not less than quarterly on or before March 31, June 30, September 30 and December 31. Such records shall be the property of Cowlitz County, and shall be subject to inspection, review or audit. Such inspection, review or audit may be accomplished by County personnel or others duly authorized by either party, including officials of the Office of the State Auditor. Such records shall be maintained in conformance with CCC 6.12.315, as now enacted or as hereafter amended.
The County shall further have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Public Services Director, Mike Moss. Such review may occur with or without notice, and may include, but is not limited to, onsite inspection of facilities 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.
12. Maintain complete records of all animals handled and provide to the County as requested. At a minimum, these records shall contain:
a. Type of animal, its sex, and how disposed of.
b. Where and how the animal was obtained.
c. When the animal was obtained.
d. Any additional information that may be required by the County.
13. Provide a schedule of boarding and adoption fees and other customary fees in effect for the Agreement period.
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Exhibit 1
INSURANCE COVERAGE REQUIREMENTS
Prior to commencement of services under this Agreement, Contractor shall submit to Cowlitz County Certificates of Insurance or certified copies of insurance policies and endorsements, if requested, for the coverage required below and shall maintain the same type and amount of coverage for the life of this Agreement.
1. Workers’ Compensation insurance or self-insurance coverage in compliance with Title 51 of the revised Code of Washington, which requires subject employers to provide Washington Industrial Accident coverage or acceptable self-insurance for all subject workers.
2. General Liability insurance with combined single limit, or the equivalent, of no less than $1,000,000 each occurrence, $2,000,000 aggregate for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this Agreement. It shall provide that Cowlitz County and their divisions, officers and employees are Additional Insured but only with respect to the Contractor’s services to be provided under this Agreement.
3. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
4. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice form the Contractor or its insurer(s) to the Cowlitz County.
5. Certificates of insurance. As evidence of the insurance coverage required by this Agreement, the Contractor shall have on file and furnish upon request acceptable insurance certificates to Cowlitz County prior to commencing the work. The certificate will specify all of the parties who are Additional Insured. Insuring companies or entities are subject to State acceptance. If requested, complete policy copies shall be provided to the County. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.
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AS-12772
BOCC Agenda
Meeting Date: 04/25/2023
10:00 a.m. Board of Health
Submitted For: Kelly Dombrowsky, Clerk of the Board
Submitted By: Kelly Dombrowsky, Clerk of the Board
Department: Commissioners Office
Information
Timed Items
Subject and Summary Statement
10:00 a.m. Cowlitz County Board of Health
Will Staff Attend - NAME OF STAFF
Department Recommendation
Attachments Board of Health Agenda
Form Review
Form Started By: Kelly Dombrowsky
Final Approval Date: 04/19/2023
Started On: 04/19/2023 10:45 AM
Cowlitz County Board of Health Meeting Agenda
April 25th, 2023 - 10AM
10:00 am - Call Meeting to Order
Old Business
o Accept Minutes (or 2 meetings minutes?)
New Business
o Public Service Announcement - play winning student’s video
o BOH Proposed By-Laws amendment
o Advisory Committee
o RFQ update/proposal from HHS
o Mental Health Tax - Further Discussion
o Prevention Coalition discussion - HHS
Public Comment Period
o Citizen Participation may be anonymous. See RCW 42.30.040
Executive Session (as needed)
Adjourn Meeting
RCW 42.30.040 -Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comment may be sent to the Board at any time. For oral presentations, the Board may set a time for comment and speakers.
Cowlitz County Board of Health
AS-12760 10.
BOCC Agenda
Meeting Date: 04/25/2023
BID OPENING - Ostrander Road Culvert Replacement - Project No. 1209
Submitted For: Susan Eugenis, Public Works
Department: Public Works
Submitted By: Emilie Cochrane, Public Works
Information
Subject and Summary Statement
Bids for the Ostrander Road Culvert Replacement project are scheduled to be opened at 11:00 a.m. on April 25, 2023. Attached is a bid results worksheet.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the bids be opened as scheduled.
Attachments
Bid Results Worksheet
Form Started By: Emilie Cochrane
Form Review
Started On: 04/13/2023 01:37 PM
DEPARTMENT OF PUBLIC WORKS
1600 – 13th Avenue South
Kelso, WA 98626
TEL (360) 577-3030
FAX (360) 636-0845
Washington Relay Service 711 or (888) 833-8633
www.co.cowlitz.wa.us/publicworks/
Board of County Commissioners Arne Mortensen District 1 Dennis P. Weber District 2 Richard A. Dahl District 3
BID OPENING: 4/25/23 PROJECT NO. 1209 11:00 A.M. ENGINEER'S ESTIMATE................................................................................$ $2,861,000 General Contractor: Advanced Excavating Specialist ......................................................................$ Cascade Bridge ..................................................................................$ Ceccanti, Inc. ..................................................................................$ Massana Construction ..................................................................................$ Midway Underground $ Pacific Civil & Infrastructure $ Penny Excavating ..................................................................................$ Quigg Bros, Inc. ..................................................................................$ ..................................................................................$ 1 Preliminary bid results have not been reviewed and/or checked for mathematical errors.
PRELIMINARY BID RESULTS1 OSTRANDER ROAD CULVERT REPLACEMENT
