Regular Public Meeting Agenda 05/09/23

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Dombrowsky, Clerk of the Board

Regular Public Meeting

May 9 , 202 3 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of May 1-3, 2023

 Consent Agenda of May 9, 2023

 Motion Items

 Public Hearings 9:45 a.m.

 Public Comments

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Bids

1. Call for Bids approval for the 2023 Joint Agency Pavement Striping Project on May 30, 2023 at 11:00 a.m.

Agreements/Contracts/Bid Awards

2. Agreement Amendment approval for the 2021-2023 Biennial Stormwater Capacity Grant with the Department of Ecology to conduct work related for implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES). The amendment will increase the amount of funds available from $70,000 to $132,500.

3. Contract agreement with Delta Dental of Washington for the LEOFF-1 Retiree Dental Insurance.

4. Contract execution with Apex Mechanical for the replacement of boilers at the Cowlitz County Administration and Annex buildings. Total cost is $300,796.00 including Washington State sales tax.

5. Agreement approval between Cowlitz County and Thomas McDonald (Cascadia Law Group PLLC) for professional services to the County, as Special Deputy Prosecuting Attorney. The hourly rate is $350.

Regular Public Meeting

May 9, 2023, 9:00 a.m.

Board Correspondence

6. Letters/Notices

a. Letter dated 4/26/2023 from the Federal Emergency Management Agency (FEMA) regarding a Conditional Letter of Map Revision (CLOMR) on a proposed project that could revise the effective Flood Insurance Study report and Flood Insurance Rate Map.

b. Letter dated 5/9/2023 to Charles Davison reappointing him to the Boundary Review Board. This is a 4-year term that expires January 31, 2023.

c. Letter dated 5/9/2023 to Cynthia Brown from the Surface Transportation Board withdrawing the request for a Notice of Interim Trail Use (NITU).

Vouchers

The following vouchers/warrants are approved for payment:

Motion Items

Health & Humans Services

7. Contract approval with the Washington State Department of Health to provide funding for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems. The purpose of this revision is to extend the period of performance from 12/31/22 to 12/31/23.

Public Hearings

Public Works

8. 9:45 a.m. - No Parking Zones on portions of 6th Avenue S, Fiest Road, International Way, Rosewood Street and Steelhead Drive.

Regular Public Meeting

May 9, 2023, 9:00 a.m.

Updates

Chairman Updates

Tabled Items:

 Coroner’s Office – Personal Service Agreement with Dr. Emmanuel Lacsina

o Tabled until Coroner has an opening on her schedule.

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

RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.

 Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas Regular-Public-Meetings

 ZOOM Invitation Address (for all meeting days):

o https://us06web.zoom.us/j/82019613917

 KLTV Live Feed Address: http://www.kltv.org

AS-12794 1.

BOCC Agenda

Meeting Date: 05/09/2023

CALL FOR BIDS - 2023 Joint Agency Pavement Striping - Project No. 2066-23

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 Striping Project.  The project consists of the installation of paint lines on existing pavement.  The County stripes roadways annually to help promote driver safety.

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 $: 987,950

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

Susan Eugenis

Emilie Cochrane (Originator)

Form Review

Reviewed By Date

Emilie Cochrane 05/02/2023 11:19 AM

Susan Eugenis Susan Eugenis 05/02/2023 05:31 PM

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Started On: 05/02/2023 08:13 AM

CALL FOR BIDS

The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until May 30, 2023, prior to 11:00 a.m., for the following work: 2023 JOINT AGENCY PAVEMENT STRIPING PROJECT.

Work performed under this contract consists of the following:

Installation of paint lines on existing pavement in Cowlitz County, Wahkiakum County, City of Castle Rock and City of Woodland.

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 ________ day of _______________, 2023.

Richard R. Dahl, Chairman

Arne Mortenson, Commissioner

Dennis P. Weber, Commissioner

ATTEST:

Kelly Dombrowski, Clerk of the Board

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 30, 2023, prior to 11:00 a.m., for the following work: 2023 JOINT AGENCY PAVEMENT STRIPING PROJECT.

Work performed under this contract consists of the following:

Installation of paint lines on existing pavement in Cowlitz County, Wahkiakum County, City of Castle Rock and City of Woodland.

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 9th day of May, 2023.

PUBLISHED:

PUBLICATION REQUIREMENT: To be published in three issues prior to May 30, 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. 00961 1600 – 13th Avenue South Kelso, WA 98626

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

AS-12788 B. 2.

BOCC Agenda

Meeting Date: 05/09/2023

AGREEMENT: 2021 - 2023 Biennial Stormwater Capacity Grant Amendment No. 1 - Washington State Department of Ecology

Submitted For: Susan Eugenis, Public Works

Submitted By: Carol Sides, Public Works Department: Public Works

Information

Subject and Summary Statement

Washington State Department of Ecology requested an amendment to the 2021 - 2023 Biennial Stormwater Capacity Grant.  The amendment increases the eligible amount of funds available from $70,000 to $132,500.  This money can be expended on activities that implement the County's NPDES Permit.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to accept Amendment No. 1 to the 2021 - 2023 Biennial Stormwater Capacity Grant with the Department of Ecology.

APPROVED this ___ day of ___________, 2023

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

_________________-_________________

Arne Mortensen, Commissioner

Dennis Weber, Commissioner

ATTEST:

Kelly Dombrowsky, Clerk of the Board

Amendment No. 1

2021 - 2023 Grant Agreement

Attachments

Form Review

AMENDMENT NO. 1

TOAGREEMENT NO. WQSWCAP-2123-CwCoPW-00227

BETWEEN

THE STATE OFWASHINGTON DEPARTMENT OF ECOLOGY AND Cowlitz County

PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and Cowlitz County (RECIPIENT) for the 2021-2023 Biennial Stormwater Capacity Grants (PROJECT).

The purpose of this amendment is to increase the grant funding by an additional $62,500. The grant end date will also be extended from the original end date of 3/31/23 to 6/30/23 to allow more time for the additional funding to be utilized.

IT IS MUTUALLYAGREED that theAGREEMENT is amended as follows:

Total Cost:

Original: 70,000.00 Amended: 132,500.00

Total Eligible Cost:

Original: 70,000.00 Amended: 132,500.00

Expiration Date:

Original: 03/31/2023 Amended: 06/30/2023

CHANGES TO THE BUDGET

Funding Distribution EG220297

Funding Type: Grant

Funding Effective Date: Funding Source:

Funding Title: 2021-23 capacity grant Title: Model Toxics Control OperatingAccount (MTCOA)

Cowlitz County

2021-2023 Biennial Stormwater Capacity Grants Project Agreement No. WQSWCAP-2123-CwCoPW-00227

Approved Indirect Costs Rate:

Recipient Match %:

InKind InterlocalAllowed:

InKind OtherAllowed:

Is this Funding Distribution used to match a federal grant?

CHANGES TO SCOPE OFWORK

Task Number: 2

Task Title: Permit Implementation

Task Description:

Task Cost: $132,000.00

Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. The following is a list of elements RECIPIENT’s project may include.

1) Public education and outreach activities, including stewardship activities.

2) Public involvement and participation activities.

3) Illicit discharge detection and elimination (IDDE) program activities, including:

a) Mapping of municipal separate storm sewer systems (MS4s).

b) Staff training

c) Activities to identify and remove illicit stormwater discharges

d) Field screening procedures.

e) Complaint hotline database or tracking system improvements.

4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including:

a) Development of an ordinance and associated technical manual or update of applicable codes.

b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.

c) Training for plan review or inspection staff.

d) Participation in applicable watershed planning effort.

5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:

a) Inspecting and/or maintaining the MS4 infrastructure.

b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities.

Template Version 10/30/2015

Cowlitz County

2021-2023 Biennial Stormwater Capacity Grants Project Agreement No. WQSWCAP-2123-CwCoPW-00227

6) Annual reporting activities.

7) Establishing and refining stormwater utilities, including stable rate structures.

8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a QualityAssurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring.

Monitoring, including:

a) Development of applicable QAPPs.

b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.

9) Structural stormwater controls program activities (Phase I permit requirement)

10) Source control for existing development (Phase I permit requirement), including:

a) Inventory and inspection program.

b) Technical assistance and enforcement

c) Staff training

11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment purchases over $5,000 must be pre-approved by Ecology.

Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems, or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.

Task Goal Statement:

This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.

Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits.

Deliverables

2.1

Documentation of tasks completed

BF224170-91FE-48F0-A444-E40B59FEAB91

Cowlitz County

2021-2023 Biennial Stormwater Capacity Grants Project

Agreement No. WQSWCAP-2123-CwCoPW-00227

Cowlitz County

2021-2023 Biennial Stormwater Capacity Grants Project Agreement No. WQSWCAP-2123-CwCoPW-00227

AUTHORIZING SIGNATURES

All other terms and conditions of the originalAgreement including anyAmendments remain in full force and effect, except as expressly provided by thisAmendment

The signatories to thisAmendment represent that they have the authority to execute thisAmendment and bind their respective organizations to thisAmendment.

This amendment will be effective 07/01/2022.

IN WITNESS WHEREOF: the parties hereto, having read thisAmendment in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

Washington State Department of Ecology

Cowlitz County

Vincent McGowan, P.E.

Water Quality

By: By: Program Manager

Susan Eugenis

County Engineer

AS-12792

BOCC Agenda

Meeting Date: 05/09/2023

LEOFF-1 Retiree Dental - 2023 Renewal

Submitted For: Jessica Warren

Department: Human Resources

Submitted By: Jessica Warren

Information

Consent B. 3.

Subject and Summary Statement

2023 Renewal - Delta Dental LEOFF-1 Retiree Dental Insurance

Will Staff Attend - NAME OF STAFF

Jessica Warren

Department Recommendation

Place in the official file of the Board of County Commissioners per County policy.

Attachments

2023 Renewal

Form Started By: Jessica Warren

Form Review

Started On: 05/01/2023 11:45 AM

DENTAL CARE SERVICE CONTRACT

Group # 14967

PLAN: PPO Enh 100/90/60

Cowlitz County LEOFF-1 Retirees, herein called Group, agrees to a dental care service contract with Delta Dental of Washington, a nonprofit corporation incorporated in Washington State and a member of Delta Dental Plans Association, herein called DDWA. This Contract is issued and delivered in the State of Washington and is governed by Washington State laws. It is subject to the terms set forth on the subsequent pages, appendices and amendments, which are a part of this Contract.

Plan Information

Contract Term:

Benefit Period:

The effective date of this Contract shall be 12:01 a.m. Pacific Time on the first day of July, 2023 at Seattle, Washington and shall run for a period of twelve (12) months through June 30, 2024. The Contract Term shall be the period beginning July 01, 2023 through June 30, 2024.

Your Benefit Period is the period beginning the first day of January and continuing for twelve (12) months.

Minimum Group Size: Minimum 10 Employees Enrolled.

Plan Details

Annual Benefits Maximum: $2,500 Class I covered dental benefits do not accrue towards the annual maximum. Orthodontic Benefits: Lifetime Maximum for Adults and Dependent Children: No Orthodontic Coverage

Temporomandibular Joint Benefit Maximum: Annual TMJ maximum $1,000 Lifetime TMJ maximum $5,000

The deductible does not apply to Class I, Optional Orthodontics, or Dental Accident Benefits. Waiting Periods: There is no waiting period for covered benefits under this Plan.

EW-33-XX-2.5K_50-O0_Dec

Delta Dental of Washington

Dental Care Service Contract

PLAN: Delta Dental PPO℠

Effective: July 1, 2023

Article I —Definitions

For the purpose of this Contract, the following definitions shall apply:

1.01 Benefit Period: The time period that applies to the frequencies and limitations. The Benefit Period is shown on the Declaration Page.

1.02 Certificate of Coverage: The benefit booklet which describes in summary form the essential features of the contract coverage, and to or for whom the benefits hereunder are payable. In the event that contracts are changed or amended, new certificates or a clearly understandable benefit booklet insert to existing certificates shall be furnished. The Certificate of Coverage is incorporated into this contract by this reference as if it were fully written in this document.

1.03 Contract: This agreement between DDWA and Group, including any and all Certificates of Coverage, Declaration Page or other attachments or amendments thereof. This Contract constitutes the entire Contract between the parties and supersedes any prior agreement, understanding or negotiation between the parties.

1.04 Contract Term: The period of time specified on the Declaration Page to which benefits and premiums are payable.

1.05 Covered Dental Benefit: Dental services that are covered under this Contract, subject to the limitations and exclusions set forth in the Certificate of Coverage.

1.06 DDWA: Delta Dental of Washington, a nonprofit corporation incorporated in Washington State. Delta Dental of Washington is a member of the Delta Dental Plans Association.

1.07 Declaration Page: The summary of plan information including co-payment amounts, annual maximums, benefit period, contract period and signatures of the parties of this Contract. The Declaration Page is incorporated into this contract by this reference as if it were fully written in this document.

1.08 Delta Dental: The Delta Dental Plans Association, which is a nationwide not-for-profit organization of health care service plans, which offers a range of group dental benefit Plans.

1.09 Dentist: A licensed Dentist legally authorized to practice dentistry at the time and in the place services are performed. This Contract provides for covered services only if those services are performed by or under direction of a licensed Dentist or other DDWA approved Licensed Professional.

1.10 Eligibility Date: The date on which an Eligible Person becomes eligible to enroll in the Plan.

1.11 Eligible Dependent: Any dependent of an Eligible Employee who meets the conditions of eligibility described in Appendix B.

1.12 Eligible Employee: Any employee who meets the conditions of eligibility described in Appendix A.

1.13 Eligible Person: An Eligible Employee or an Eligible Dependent.

1.14 Employee: A person who is designated as an employee by the Group for the purposes of this Plan.

1.15 Enrolled Dependent, Enrolled Employee, Enrolled Person: Any Eligible Dependent, Eligible Employee or Eligible Person, as applicable, who has completed the enrollment process.

1.16 Filed Fee: The negotiated fee for a specific dental procedure performed by a Participating Dentist.

1.17 Group: The employer or entity that is contracting for dental benefits for its employees in this Contract.

1.18 Licensed Professional: An individual legally authorized to perform services as defined in their license. Licensed Professional includes, but is not limited to a denturist, hygienist and radiology technician.

1.19 Lifetime Maximum: The maximum amount DDWA will pay in the specified covered dental benefit class for an insured individual during the time that individual is on this Plan or any other DDWA Plan offered by this Employer.

1.20 Maximum Allowable Fee: The maximum dollar amount that will be allowed toward the reimbursement for any service provided for a Covered Dental Benefit.

1.21 Non-participating Dentist: A licensed Dentist who has not agreed to render services and receive payment in accordance with the terms and conditions of a written Delta Dental Participating Dentist Agreement between DDWA and such Dentist.

1.22 Open Enrollment Period: The month preceding the Group's contract renewal date, or at some other mutually agreeable time but at least annually, during which Eligible Employees may select benefits Plans and add or delete Eligible Dependents. Coverage changes made during the open enrollment period will be effective as of the renewal date.

1.23 Participating Dentist: A licensed Dentist who has agreed to render services and receive payment in accordance with the terms and conditions of a written Delta Dental Provider Agreement between Delta Dental and such Dentist, and includes Delta Dental PPO Dentists and Delta Dental Premier® Dentists.

1.24 Plan Coinsurance: The applicable percentage of the appropriate fee for a Covered Dental Benefit that is paid by DDWA as described in Appendix C. Sometimes this is referred to as the payment level.

1.25 Plan: This Contract that provides dental benefits. Any other contract that provides dental benefits and meets the definition of a “Plan” in the “Coordination of Benefits” section of the Certificate of Coverage is a Plan for the purposes of coordination of benefits.

1.26 PPO Dentist: A Delta Dental Participating Dentist who has agreed to render services and receive payment in accordance with the terms and conditions of a written Delta Dental PPO Provider Agreement between DDWA and such Dentist.

1.27 Premier Dentist: A Delta Dental Participating Dentist who has agreed to render services and receive payment in accordance with the terms and conditions of a written Delta Dental Provider Agreement between DDWA and such Dentist.

1.28 Premium: The monthly amount payable by Group as designated on the Declaration Page.

1.29 Service Area: Washington State, the geographic area in which DDWA will issue this policy. Dental Benefits are provided for covered services received outside of Washington State.

Article II — Eligibility

2.01 Every person who meets the conditions of eligibility as set forth in Appendix A or Appendix B is eligible to enroll in this Plan for dental benefits.

2.02 Group shall submit a list of Enrolled Persons to DDWA prior to the beginning of each monthly eligibility period.

Article III — Monthly Payment

3.01 The monthly premium is detailed on the Declaration Page.

3.02 Group shall pay DDWA’s full invoiced amount, by Electronic Fund Transfer (EFT), on or before the first day of the calendar month for which benefits are to be provided. No person shall be entitled to benefits under this Contract during any month for which Premium payment has not been received by DDWA.

3.03 If monthly payment is not received within 30 days of the due date, DDWA may give written notice that payment is due and may, at its discretion, terminate all benefits and be released from all further obligations as described in Article IX “Notice and Termination”.

3.04 DDWA shall accept retroactive enrollment additions (payments) that are received by DDWA within 90 days of notification to DDWA.

3.05 DDWA shall accept retroactive enrollment terminations (credits) that are received by DDWA within 90 days of notification to DDWA, or to the end of the month of the last paid claim of the terminated Enrolled Person, whichever is later.

3.06 DDWA shall not be obligated to recoup claims paid for treatment from providers when the treatment was performed in good faith that enrollment was current and accurate at the time of treatment.

3.07 The Premium payable by Group under this Contract is based upon enrollment of the Group's employees and their dependents as defined in Appendix A and Appendix B. In the event the number of Enrolled Employees reported in each of three consecutive months by Group shall be less than the number listed under minimum Group size on the Declaration Page, DDWA may:

1) Terminate this Contract; or

2) Propose to Group an adjustment in Premium, Covered Dental Benefit or Payment Levels and the effective date of such adjustment.

If Group does not agree to the proposed adjustment within 30 days, DDWA may terminate this Contract at the end of the month for which Premium had been received by DDWA prior to the date of such notice to Group. In the event DDWA terminates this Contract in accordance with the provisions of this paragraph, the provisions of Article IX “Notice and Termination” shall apply.

3.08 Legislative Surcharge Clause If any governmental unit imposes any new tax or assessment, or increases the rate of any current tax or assessment, that is measured directly by the payments made to DDWA by Group or payments made by DDWA for claims, then DDWA is authorized to increase the monthly Premium by the amount of such new tax, assessment or increase, or pass through the exact tax amount to the Group separately.

Article IV — Benefits Provided, Limitations and Exclusions

4.01 Covered Dental Benefits, limitations, and exclusions are as described in the Certificate of Coverage and are subject to the Plan maximum and deductible, as described in Appendix C.

4.02 The percentages of the appropriate fees payable by DDWA for Covered Dental Benefits provided to an Enrolled Person are as described in Appendix C.

4.03 Timely Filing DDWA shall not be obligated to pay for treatment performed if claim forms are submitted for payment more than 365 days after the date of such treatment. For optional orthodontia claims, the initial banding date is the treatment date considered in the timely filing.

4.04 Payment for services provided by a Delta Dental Participating Dentist shall be made directly to the Dentist. Contracts between Delta Dental and its Participating Dentists provide that, if DDWA fails to pay the Dentist for any allowable expense, the Enrolled Person shall not be liable to the Dentist for any sums owed by DDWA.

Article V — Conditions for Benefits Dispute Determination Procedures

5.01 Covered Dental Benefits are available for an Enrolled Person from the effective date of their coverage until such enrollment terminates.

5.02 An Enrolled Person may elect the services of any licensed Dentist. DDWA is not responsible for the availability of any particular licensed Dentist.

5.03 DDWA shall be entitled to receive from any attending Dentist, or from hospitals in which a Dentist's care is rendered, any records relating to treatment rendered to an Enrolled Person as may be required in the administration of claims.

5.04 The provider dispute resolution process as outlined in individual provider contracts is available on request.

5.05 To determine Covered Dental Benefits for certain treatments, DDWA may require an Enrolled Person to obtain an examination from a DDWA-appointed consultant Dentist. DDWA will pay all of the charges incurred for the examination.

Article VI — DDWA’s Obligations

6.01 DDWA shall issue to Group at no additional cost standard DDWA benefit booklets summarizing the Covered Dental Benefits and other essential features of the Plan. If any amendment to this Contract materially affects any benefits described in such booklets, corrected booklets or booklet inserts showing the change shall be issued to Group. A new booklet will be created annually and will be provided in electronic form to Group.

6.02 DDWA will provide descriptions of Confirmation of Treatment and Cost (formerly called predetermination of benefits), claim review, complaint and appeal procedures and grievance procedures in the benefit booklets issued to Group.

6.03 If a Dentist or an Enrolled Person requests a Confirmation of Treatment and Cost, DDWA will determine benefits when satisfied that the person for whom the Confirmation of Treatment and Cost has been requested, is an Enrolled Person. Such Confirmation of Treatment and Cost will be valid when issued based on the information available at the time.

6.04 DDWA shall not be obligated to make payment for any services rendered to a person who is not an Enrolled Person at the time the services are performed.

6.05 DDWA may utilize its Quality Management and Clinical Review processes to provide professional review of the adequacy, appropriateness, and alignment with DDWA’s established clinical criteria, of services rendered to Enrolled Persons.

6.06 DDWA will make available Delta Dental Participating Dentist Directories online at www.DeltaDentalWA.com. The directory may also be requested by telephone at 800-554-1907. The composition of such directory is subject to change and DDWA reserves the right to change the directory without notice.

6.07 Each Enrolled Person is free to select any Dentist. Neither DDWA nor Group shall be held liable for any action or omission on the part of the selected Dentist or other Licensed Professional. Nothing contained in this Contract shall be construed as obligating DDWA to render dental services; its sole obligation under this Contract is to pay the agreed upon portion of Dentist's charges for Covered Dental Benefits in accordance with the terms of this Contract.

Article VII — Group's Obligations

7.01 Group shall provide information to all Enrolled Employees as to the existence and terms of this Contract. Group shall make available to each Enrolled Employee the Certificate of Coverage summarizing the Covered Dental Benefits and other essential features of the Plan.

7.02 Group shall permit DDWA, at DDWA’s expense, on reasonable advance written notice, to inspect eligibility records in order to verify the accuracy of information submitted to DDWA. An equitable adjustment of Premium shall be made in the event of errors or delays in reporting eligibility.

7.03 Group shall sign and return any and all Contract documents within 30 days of the effective date or the date DDWA sends the Contract document to Group or its authorized representative or agent, whichever is later.

7.04 If a signed Contract is not received by DDWA from the Group or the Group’s legal representative(s) by the effective date, but Group remits premium as stipulated in the Declaration Page, both parties agree to perform under this Contract in good faith until a signed Contract is received, or until a notice of termination is received as detailed in Article IX.

Article VIII — General Provisions

8.01 No change in this Contract shall be valid unless evidenced by written amendment signed by the authorized representative of both DDWA and Group.

8.02 Legal action to recover benefits provided for in this Contract may not be initiated prior to 60 days after receipt of claim by DDWA. In addition, such legal action must commence within six years from the date the claim was received by DDWA.

8.03 Any provision of this Contract that is in conflict with any governing law or regulation of the state of Washington is hereby amended to comply with the minimum requirements of such law or regulation.

8.04 Indemnification DDWA shall indemnify and hold harmless Group, its affiliates and their respective directors, officers, employees and agents, for that portion of any liability, settlement and related expense (including reasonable attorneys’ fees) resulting solely and directly from DDWA’s breach of this Contract, negligence, willful misconduct, criminal conduct, fraud or its breach of a fiduciary responsibility related to or arising out of this Contract.

Group shall indemnify and hold harmless DDWA, its affiliates and their respective directors, officers, employees and agents, for that portion of any liability, settlement and related expense (including reasonable attorneys’ fees) resulting solely and directly from Group’s breach of this Contract, negligence, willful misconduct, criminal conduct, fraud or its breach of a fiduciary responsibility related to or arising out of this Contract.

8.05 Force Majeure In the event DDWA is unable to perform its obligations under this Contract by reason of fire, casualty, lockout, strike, labor condition, riot, war, act of God or by ordinance, law, order or decree of any legally constituted authority, then this Contract may, at the option of DDWA, be suspended. During any period of suspension, DDWA shall not be required to perform any service under this Contract, nor shall DDWA be liable for any damages arising from any event that precipitated the suspension. If this Contract is suspended pursuant to this provision, Group’s obligation to make Premium payments shall also be suspended for the same period of time.

8.06 DDWA and Group will act in accordance with applicable state and federal privacy requirements and disclosure requirements, such as the Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA), including any applicable regulations.

Article IX — Notice and Termination

9.01 Any notice of termination by either Group or DDWA shall be given in writing to the other addressed to the office stated on the attached Declaration Page or to such other address that may be designated by written notice to the other.

9.02 This Contract may be terminated effective at the end of any Contract Term by Group giving written notice to DDWA, or by DDWA giving written notice to Group, at least 30 days prior to the end of the Contract Term.

9.03 DDWA may elect to terminate this Contract, without prior approval of the Washington State Insurance Commissioner, if any of the events outlined in this section occur. Termination would be effective at the end of the month for which Premiums have been received by DDWA prior to the time of such election. If termination occurs, DDWA will provide written notice to Group. If DDWA elects to terminate because of default by Group, then Group shall be indebted to and agrees to pay DDWA the sum of all claims payments and expenses incurred for dental services rendered from the date of default until the date of termination, including costs of recovery.

Events that allow termination:

(i) A failure to pay Premium or perform Group's other obligations when due,

(ii) Any violations of this policy that has been approved by the Washington State Insurance Commissioner, or

(iii) Change or implementation of federal or state health care reform laws that no longer permit the continued offering of such coverage.

Events that allow termination if the Group does not take corrective action consistent with their obligations under this Contract:

(i) Enrolled Persons committing fraudulent acts against DDWA, or

(ii) Enrolled Persons who materially breach the terms of this Contract.

9.04 Upon termination of this Plan, all claim payments and expenses incurred prior to the termination of the Plan, but not submitted to DDWA within the timely filing period as indicated in Article IV, will not be payable under this Contract.

Article X — List of Appendices

10.01 The attached appendices are a part of this Contract. Appendices are identified as follows:

Appendix A Employee Eligibility Requirements

Appendix B Dependent Eligibility Requirements

Appendix C Method of Payment

Appendix A

Employee Eligibility Requirements

Appendix A - Section 1 Definition of Eligible Employee

An Eligible Employee is a full-time employee of Group. Refer to Appendix A - Section 5 for enrollment requirements.

A full-time employee is an employee who works a minimum of 80 hours each calendar month or as otherwise determined by the Group.

Eligible Employees are eligible to enroll in this Plan on the effective date of this Contract.

An employee hired after the effective date of this Contract shall become eligible to enroll in this Plan on the first day of the calendar month following completion of the waiting period established by Group.

In cases where both husband and wife are employees of Group, both must be enrolled in this Plan as either an employee or as a dependent. No person may be enrolled as both an employee and a dependent.

Appendix A - Section 2 Effective Date of Coverage

Coverage for an Enrolled Employee shall become effective on the first day of the calendar month following the month in which enrollment is completed and all applicable Premiums are paid.

Appendix A - Section 3 Continuation of Coverage

An employee shall continue to be eligible to enroll in this Plan during the time this Contract is in effect as long as the employee remains an Eligible Employee as defined above. An Eligible Employee shall continue to be an Enrolled Employee as long as the Group has made timely payment of the monthly Premiums on behalf of the employee to DDWA.

While satisfying the various requirements of the PFMLA, the FMLA and COBRA laws rests primarily with the Group, DDWA will fully cooperate with Group in complying with these laws.

Appendix A - Section 4 Termination of Coverage

An employee shall cease to be eligible to enroll in this Plan, or cease to be enrolled in this Plan, at the end of the calendar month in which the employee ceases to be an Eligible Employee as defined above, or upon termination of this Contract, whichever occurs first.

An Enrolled Employee may terminate coverage only during an open enrollment period.

Appendix A - Section 5 Enrollment Requirements

This Contract requires a minimum of 75 percent enrollment of all Eligible Employees. Each Eligible Employee must complete the enrollment process. DDWA must receive the completed enrollment information within 60 days of the employee’s eligibility date as defined in Appendix A Section 1. If the enrollment information is not received within 60 days, enrollment will not be accepted until the next open enrollment period unless there is a qualifying event.

An Enrolled Employee may change plan coverage only during an open enrollment period unless there is a significant change in family status as defined in the special enrollment section in the Certificate of Coverage.

Appendix B

Dependent Eligibility Requirements

Appendix B - Section 1 Definition of Eligible Dependent

Eligible Dependents are the Eligible Employee’s spouse or domestic partner, and children of the Eligible Employee, the Eligible Employee’s spouse, or the Eligible Employee’s domestic partner, from birth through age 25. Children include biological children, stepchildren, foster children and adopted children. Spouses and children of dependent children are not eligible for coverage under this plan. Dependent children who are and continue to be dependent beyond age 25 due to developmental disability or physical handicap are also eligible. Domestic partners include both registered and non-registered domestic partners unless nonregistered domestic partners are specifically excluded at the option of the Group.

No person may be enrolled in the dental Plan under this Contract both as an Enrolled Employee and as an Enrolled Dependent. No person will be considered as a dependent of more than one Enrolled Employee.

Dependent eligibility shall be verified by Group.

Appendix B - Section 2

Effective Date of Coverage

An Eligible Dependent’s enrollment shall become effective on the date the Enrolled Employee's coverage becomes effective, or on the first day of the calendar month following the month in which the dependent became an Eligible Dependent of the Enrolled Employee. A newborn is covered from the moment of birth, and an adopted child is covered from the date of assumption of a legal obligation for total or partial support or upon placement of the child in anticipation of adoption of the child. If covered, a foster child is covered from the time of placement. Both newborns and adopted children under the age of four years may delay enrollment until the first open enrollment following their fourth birthday; or coincident with any renewal or extension of this Contract.

Appendix

B - Section 3 Continuation of Coverage

A dependent shall continue to be eligible to enroll or shall remain enrolled while this Contract is in effect as long as the dependent remains an Eligible Dependent as defined above. The Eligible Dependent shall continue to be an Enrolled Dependent as long as the Group has made timely payment of the monthly Premiums on behalf of the dependent to DDWA.

While satisfying the various requirements of the PFMLA, the FMLA and COBRA laws rests primarily with the Group, DDWA will fully cooperate with Group in complying with these laws.

Appendix B - Section 4 Termination of Coverage

An Eligible Dependent shall cease to be eligible to enroll at the end of the calendar month during which the person no longer meets the definition of an Eligible Dependent. Enrollment for a dependent shall terminate at the end of the calendar month that they are no longer an Eligible Dependent, the end of the calendar month for which timely payment of the monthly Premiums were last received by DDWA from Group, or upon termination of this Contract, whichever occurs first.

An Enrolled Employee may terminate coverage of an Enrolled Dependent only coincident with a subsequent renewal or extension of the dental Plan under this contract. Once an Enrolled Employee terminates such Enrolled Dependent’s coverage, the coverage cannot be reinstated unless there is a change in family status as defined in the special enrollment section in the Certificate of Coverage.

Appendix B - Section 5 Enrollment Requirements

A minimum of 50 percent of the Enrolled Employees who have family members must enroll all of their Eligible Dependents, unless a family member is enrolled in another dental Plan. A family member who ceases to be

eligible for coverage under another dental Plan must be enrolled in the dental Plan under this Contract on the first day of the calendar month following loss of other coverage.

Appendix C Method of Payment

Appendix C - Section 1 Delta Dental PPO℠ Plan Payment Levels

Fees for Covered Dental Benefits provided to an Enrolled Person are based on the following:

• A Delta Dental PPO Dentist in the state of Washington, based on the lesser of the Dentist’s approved PPO fees, or the Dentist’s actual charges,

• A Delta Dental PPO Dentist outside of the state of Washington, based on the lesser of that state’s approved PPO fees or the Dentist’s actual charges,

• A Delta Dental Premier Dentist in the state of Washington, based on the lesser of the Dentist’s approved Premier fees, or the Dentist’s actual charges,

• A Delta Dental Premier Dentist outside of the state of Washington, based on the lesser of that states approved Premier fees, or the Dentist’s actual charges,

• A Non-participating Dentist in the state of Washington based on the lesser of DDWA’s Maximum Allowable Fees for Non-participating Dentists, or the Dentist’s actual charges,

• A Non-participating Dentist outside the state of Washington based on the lesser of DDWA’s Maximum Allowable Fees for Participating Dentists, or the Dentist’s actual charges.

The percentages of the above-indicated fee payable by DDWA for Covered Dental Benefits are as described on the Declaration Page.

Appendix C - Section 2 Plan Maximum

The maximum amount payable by DDWA for Class II, and III Covered Dental Benefits, (including Dental Accident Benefits) per Enrolled Person during each Benefit Period shall be the amount listed for the Plan maximum on the Declaration Page. Charges for dental procedures requiring multiple treatment dates shall be considered incurred on the date the service is completed. Amounts paid for such procedures shall be applied to the Plan maximum based on the incurred date.

Appendix C - Section 3 Plan Deductible

If applicable, DDWA shall not be obligated to pay the deductible amount listed on the Declaration Page for the first Covered Dental Benefit received by each Enrolled Person during each Benefit Period. The deductible amount shall not exceed the amount listed on the Declaration Page for each individual and for the family as a whole. Once the maximum deductible per family has been satisfied, no further deduction shall apply to any family member until the next succeeding Benefit Period. The deductible does not apply to Class I Benefits, optional Orthodontic Benefits or Dental Accident Benefits.

Group: Cowlitz County LEOFF-1 Retirees Plan: PPO Enh 100/90/60

This Plan is issued and delivered in the state of Washington and is governed by Washington State laws. This Plan Overview Page tells you important information about your Plan, which provides dental benefits to you and your dependents, and is subject to the terms set forth in the policy.

Understand your plan

This is your Plan Overview Page. It provides general information about how much we pay for your treatment. But this only tells you part of the story While this plan overview shows you the types of treatment we cover, it does not list specific procedures. For that, you need to look in your benefit booklet. That is where you will see which procedures are covered and which are not.

Benefit Period:

Plan Information

Your Benefit Period is the period beginning the first day of January and continuing for twelve (12) months.

Maximum Benefit: $2,500 Per person per benefit period. Benefits for Class I covered services do not apply to your annual maximum.

TMJ Maximum Benefit: $1,000 per person per benefit period, $5,000 per person per lifetime

Optional Orthodontia for Adults and Eligible Children: No Orthodontic Coverage

Plan Deductible: $50 per person per benefit period; $150 per family per benefit period.

Plan

* DDWA has no control over the charges or billing practices of dentists who do not contract with Delta Dental. Our payments for services performed by these dentists will be based on actual charges or DDWA’s maximum allowable fees for non-participating dentists, whichever is less. You will be responsible for any balance remaining.

AS-12795

BOCC Agenda

Meeting Date: 05/09/2023

Contract Execution: Admin & Annex Boiler Replacement Project #2023-0018-01

Submitted For: Will Tastad

Department: Facilities Maintenance

Subject and Summary Statement

Consent B. 4.

Submitted By: Ashley Claussen

Information

On April 25, 2023, the Board of County Commissioners voted to award agreement #2023-0018-01 for the replacement of boilers at the Cowlitz County Administration and Annex buildings to Apex Mechanical (AS-12762). The agreement has been signed and returned by the contractor and now requires final signature and execution.

The total cost of the agreement is $300,796.00 including Washington State sales tax.

Will Staff Attend - NAME OF STAFF No.

Department Recommendation

It is the recommendation of the Facilities Maintenance Department that the Board sign and execute the agreement with Apex Mechanical in the amount of $300,796.00 with a 10% contingency allowance to accommodate unforeseen developments should they arise.

Fiscal Impact

Expenditure Required $: 300,796.00

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : CIP

Grant Y-N: N

Attachments

Agreement

Form Started By: Ashley Claussen

Form Review

AS-12793

BOCC Agenda

Meeting Date: 05/09/2023

Agreement with Thomas McDonald and Cascadia Law Group

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent B. 5.

Subject and Summary Statement

Agreement between Cowlitz County and Thomas McDonald (Cascadia Law Group PLLC) for professional services to the County, as Special Deputy Prosecuting Attorney. The hourly rate is $350.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Agreement

Form Started By: Kelly Dombrowsky

Final Approval Date: 05/01/2023

Form Review

Started On: 05/01/2023 02:26 PM

AMENDMENT NO. ONE to Gowlitz County Professional Services Agreement With THOMAS McDONALD (Gascadia Law Group PLLC)

1. This Amendment No. ONE to Agreement between Cowlitz County, Washi19t91, ("COUNTY'), and THOMAS McDONALD (Cascadia Law Group PLLC) ("CONTRACTOR') ihatt tat<e eiTect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR.

Z. COUNTY AND CONTRACTOR have entered into an Agreement for professional services, to wit: Board agenda item AS-11242 approved and executed PV ,tfq Board of County Commissioners on 0211612021, which agreement will expire on 1213112022.

3. COUNTY is now in need of continuing professional services under the original Agreement through 1213112024, and CONTRACTOR is amenable to extending his/her professional servijes to COUNTY under the same terms and conditions of the original Agreement, and as set forth below.

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

a. Extension of original expiration date in the original agreement from January 1, 2023 through December 31, 2024.

S. Except as provided above in this Amendment No, ONE, all terms, conditions, duties, obligitions bnd provisions of the original Agreement and any prior Amendment(s) shall remain in fullforce and effect.

The parties hereto have executed this agreement on this. . da.V o!December, 2022, and each signatory to this Amendment No. ONE warrants that he/she is duly authorized and executel this Amendment for and on behalf of the below-inscribed parties hereto'

CONTRACTOR: Cascadia Law GrouP BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON:

MAS MoDONALD, Cascadia (duly authorized representative)

ATTEST:

Kelly Dombrowsky, Clerk of Board

Dennis P. Weber, Chairman (authorized to sign by Board per RCW 36.32.100)

PROSECUTI NG ATTORNEYS OFFICE OF COWLITZCOU , WASHINGTON ne ng Attorney

AS-12796

BOCC Agenda

Meeting Date: 05/09/2023

Letter dated 4/26/2023 from FEMA Conditional Letter of Map Revision

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent a.

Subject and Summary Statement

Letter dated 4/26/2023 from the Federal Emergency Management Agency (FEMA) regarding a Conditional Letter of Map Revision (CLOMR) on a proposed project that could revise the effective Flood Insurance Study report and Flood Insurance Rate Map.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 05/02/2023

Form Review

Started On: 05/02/2023 10:54 AM

AS-12797

Consent b. BOCC Agenda

Meeting Date: 05/09/2023

Letter dated 5/9/2023 to Charles Davison reappointment Boundary Review Board

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Letter dated 5/9/2023 to Charles Davison reappointing him to the Boundary Review Board. This is a 4-year term that expires January 31, 2027.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 05/02/2023

Form Review

Started On: 05/02/2023 03:59 PM

Board of Commissioners

COMMISSIONERS

Arne Mortensen

District 1

Dennis P. Weber

District 2

Richard R. Dahl

District 3

CLERK OF THE BOARD

Kelly Dombrowsky

May 9, 2023

Charles Davison

1146 Holcomb Road

Kelso, WA 98626

Dear Mr. Davison

TEL

FAX

www.co.cowlitz.wa.us

The Cowlitz County Board of Commissioners, at its regularly scheduled meeting today, May 9, 2023 were pleased to reappoint you to serve on the Boundary Review Board. This is a 4-year term that expires January 31, 2027.

We are grateful for your willingness to work in this capacity and delighted that you have agreed to serve.

Sincerely,

Board of County Commissioners Of Cowlitz County, Washington

cc: Commissioner’s Record Building & Planning

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis Weber, Commissioner

AS-12798

BOCC Agenda

Meeting Date: 05/09/2023

Consent c.

Letter dated 5/9/2023 to Cynthia Brown Surface Transporation Board withdrawing the NITU

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Letter dated 5/9/2023 to Cynthia Brown Surface Transportation Board withdrawing the request made on March 30, 2023 for a Notice of Interim Trail Use (NITU).

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 05/02/2023

Form Review

Started On: 05/02/2023 04:13 PM

COMMISSIONERS

Arne Mortensen

District 1

Dennis P. Weber

District 2

Richard R. Dahl

District 3

CLERK OF THE BOARD

Kelly Dombrowsky

Dear Ms. Brown:

Board of Commissioners

May 9, 2023

Ms. Cynthia T. Brown

County Administration Building 207 Fourth Avenue North Kelso, WA 98626

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

Chief of the Section of Administration, Office of Proceedings

Surface Transportation Board 395 E Street, S.W.

Washington, D. C. 20423

RE: Docket No. AB-1244X, Columbia & Cowlitz Railway, LLC Abandonment Exemption in Cowlitz County, Wash.

The BoCC (“Board of County Commissioners”) respectfully withdraws our request made on March 30, 2023 to the Surface Transportation Board (“Board”) for a Notice of Interim Trail Use (“NITU”) in the above-entitled proceeding for the approximately 7-mile rail line between milepost 1.5 at Longview and milepost 8.5 at Ostrander Junction, in Cowlitz County, WA (the “Line”) owned and operated by Columbia & Cowlitz Railway, LLC (“CCRY”).

We appreciate your help and attention to this matter. Please contact me if you have any questions.

Respectfully submitted,

Board of County Commissioners Of Cowlitz County, Washington

Rick Dahl, Chairperson

Arne

Mortensen, Commissioner District 1

Dennis

Weber, Commissioner District 2

AS-12781

BOCC Agenda

Meeting Date: 05/09/2023

Contract Amendment #7 with the Department of Health

Submitted For: Carole Harrison

Department: Health/Human Services

Subject and Summary Statement

Motion Items 7.

Submitted By: Wheeldon Jennifer

Information

This contract with the Washington State Department of Health is a multi-year, multi-program contract which contains key sources of public health funding accompanied by 'Statements of Work(SOW)' and specific deliverables(tasks). An initial contract is received at the beginning of the multi-year agreement with amendments that arrive every 4-6 weeks which may change funding sources or tasks.

The purpose of this revision is to extend the period of performance from 12/31/22 to 12/31/23, and to provide funding for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems.

Will Staff Attend - NAME OF STAFF

Gena James will attend

Department Recommendation

It is the recommendation of the Cowlitz County Health & Human Services that the Cowlitz County Board of Commissioners move to approve Contract Amendment 21-070 (7) with the Department of Health.

Attachments

21-070 DOH ConCon #7  21-070 (7) SOW

Contract Summary

21-070 DOH ConCon (6)signed

21-070 DOH ConCon (5)signed

21-070 DOH ConCon (4)signed

21-070 DOH ConCon (3)signed

21-070 DOH ConCon (2)signed

21-070 DOH ConCon (1)signed

Original Signed Contract

Inbox

Stop has been removed (Originator)

Form Review

Reviewed By Date

Wheeldon Jennifer 05/02/2023 09:58 AM

Jamie Hopps Jamie Hopps 04/20/2023 03:27 PM

Gena James Gena James 05/02/2023 08:36 AM

Form Started By: Wheeldon Jennifer Started On: 04/20/2023 01:23 PM

CONTRACT NUMBER: CLH31008

AMENDMENT NUMBER: 7

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES, a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL : https://stateofwa.sharepoint.com/sites/doh-ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c

Adds Statements of Work for the following programs:

Amends Statements of Work for the following programs:

Office of Drinking Water Group A Program - Effective January 1, 2022

Deletes Statements of Work for the following programs:

2. Exhibit B-7 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B -6 Allocations as follows:

Increase of $3,250 for a revised maximum consideration of $4,205,878 .

Decrease of for a revised maximum consideration of

No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES

STATE OF WASHINGTON DEPARTMENT OF HEALTH

Signature: Signature:

Date:

Date:

APPROVED AS TO FORM ONLY

Assistant Attorney General

Cowlitz County Health & Human Services Department

Indirect Rate as of January 1, 2022: Direct Allocation of Costs

EXHIBIT B-7

*Catalog of Federal Domestic Assistance

**Federal revenue codes begin with "333". State revenue codes begin with "334".

Exhibit A Statement of Work

Contract Term: 2022-2024

DOH Program Name or Title: Office of Drinking Water Group A ProgramEffective January 1, 2022.

Period of Performance: January 1, 2022 through December 31, 2023

Statement of Work Purpose: The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical assistance to small community and non-community Group A water systems

Revision Purpose: The purpose of this revision is to extend the period of performance from 12/31/22 to 12/31/23, transfer $750 for one Sanitary Survey from Year 24 to Year 25, provide an additional $2,250 in Sanitary Survey funding and $1,000 in Technical Assistance funding for FFY25, and revise Special Billing Requirements and Special Instructions.

1 Trained LHJ staff will conduct sanitary surveys of small community and noncommunity Group A water systems identified by the DOH Office of Drinking Water (ODW) Regional Office.

See Special Instructions for task activity.

The purpose of this statement of work is to provide funding to the LHJ for conducting sanitary surveys and providing technical

Provide Final* Sanitary Survey Reports to ODW Regional Office. Complete Sanitary Survey Reports shall include:

1. Cover letter identifying significant deficiencies, significant findings, observations, recommendations, and referrals for further ODW follow-up.

2. Completed Small Water System checklist.

Final Sanitary Survey Reports must be received by the ODW Regional Office within 30 calendar days of conducting the sanitary survey.

Upon ODW acceptance of the Final Sanitary Survey Report, the LHJ shall be paid $250 for each sanitary survey of a noncommunity system with three or fewer connections.

Upon ODW acceptance of the Final Sanitary Survey Report, the LHJ shall be paid $500 for each sanitary survey of a noncommunity system with four or more connections and each community system.

Payment is inclusive of all associated costs such as travel, lodging, per diem.

assistance to small community and noncommunity Group A water systems.

3. Updated Water Facilities Inventory (WFI).

4. Photos of water system with text identifying features

5. Any other supporting documents.

*Final Reports reviewed and accepted by the ODW Regional Office.

Payment is authorized upon receipt and acceptance of the Final Sanitary Survey Report within the 30-day deadline.

Late or incomplete reports may not be accepted for payment.

2 Trained LHJ staff will conduct Special Purpose Investigations (SPI) of small community and non-community Group A water systems identified by the ODW Regional Office.

See Special Instructions for task activity.

Provide completed SPI Report and any supporting documents and photos to ODW Regional Office.

Completed SPI Reports must be received by the ODW Regional Office within 2 working days of the service request.

Upon acceptance of the completed SPI Report, the LHJ shall be paid $800 for each SPI.

Payment is inclusive of all associated costs such as travel, lodging, per diem.

Payment is authorized upon receipt and acceptance of completed SPI Report within the 2-working day deadline.

Late or incomplete reports may not be accepted for payment.

3 Trained LHJ staff will provide direct technical assistance (TA) to small community and non-community Group A water systems identified by the ODW Regional Office.

See Special Instructions for task activity.

Provide completed TA Report and any supporting documents and photos to ODW Regional Office.

Completed TA Report must be received by the ODW Regional Office within 30 calendar days of providing technical assistance.

Upon acceptance of the completed TA Report, the LHJ shall be paid for each technical assistance activity as follows:

• Up to 3 hours of work: $250

• 3-6 hours of work: $500

• More than 6 hours of work: $750

Payment is inclusive of all associated costs such as consulting fee, travel, lodging, per diem.

Payment is authorized upon receipt and acceptance of completed TA Report within the 30-day deadline.

Late or incomplete reports may not be accepted for payment.

4 LHJ staff performing the activities under tasks 1, 2 and 3 attend periodic required survey training as directed by DOH.

See Special Instructions for task activity.

For training attended in person, prior to attending the training, submit an “Authorization for Travel (NonEmployee)” DOH Form 710-013 to the ODW Program Contact for approval (to ensure enough funds are available).

Annually For training attended in person, LHJ shall be paid mileage, per diem, lodging, and registration costs as approved on the preauthorization form in accordance with the current rates listed on the OFM Website http://www.ofm.wa.gov/resources/travel.asp

DOH Program and Fiscal Contact Information for all ConCon SOWs can be found on the DOH Finance SharePoint site. Questions related to this SOW, or any other finance-related inquiry, may be sent to finance@doh.wa.gov.

Federal Funding Accountability and Transparency Act (FFATA) (Applies to federal grant awards.)

This statement of work is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how the federal funds are spent.

To comply with this act and be eligible to perform the activities in this statement of work, the LHJ must have a Unique Entity Identifier (UEI) generated by SAM.gov.

Information about the LHJ and this statement of work will be made available on USASpending.gov by DOH as required by P.L. 109-282.

Program Manual, Handbook, Policy References: Field Guide (DOH Publication 331-486).

Special References:

Chapter 246-290 WAC is the set of rules that regulate Group A water systems. By this statement of work, ODW contracts with the LHJ to conduct sanitary surveys (and SPIs and provide technical assistance) for small community and non-community water systems with groundwater sources. ODW retains responsibility for conducting sanitary surveys (and SPIs and provide technical assistance) for small community and non-community water systems with surface water sources, large water systems, and systems with complex treatment.

LHJ staff assigned to perform activities under tasks 1, 2, and 3 must be trained and approved by ODW prior to performing work. See special instructions under Task 4, below.

Special Billing Requirements

The LHJ shall submit quarterly invoices within 30 days following the end of the quarter in which work was completed, noting on the invoice the quarter and year being billed for. Payment cannot exceed a maximum accumulative fee of $3,250 $5,500 for Task 1, and $1,000 $2,000 for Task 2, Task 3 and Task 4 combined during the contracting period, to be paid at the rates specified in the Payment Method/Amount section above.

When invoicing for Task 1, submit the list of WS Name, ID #, Amount Billed, Survey Date and Letter Date for which you are requesting payment.

When invoicing for Task 2-3, submit the list of WS Name, ID #, TA Date and description of TA work performed, and Amount Billed.

When invoicing for Task 4, submit receipts and the signed pre-authorization form for non-employee travel to the ODW Program Contact below and a signed A19-1A Invoice Voucher to DOH Grants Management, billing to BARS Revenue Code 346.26.66 under Technical Assistance (TA).

Special Instructions

Task 1

Trained LHJ staff will evaluate the water system for physical and operational deficiencies and prepare a Final Sanitary Survey Report which has been accepted by ODW. Detailed guidance is provided in the Field Guide for Sanitary Surveys, Special Purpose Investigations and Technical Assistance (Field Guide). The sanitary survey will include an evaluation of the following eight elements: source; treatment; distribution system; finished water storage; pumps, pump facilities and controls; monitoring, reporting and data verification; system management and operation; and certified operator compliance. If a system is more complex than anticipated or other significant issues arise, the LHJ may request ODW assistance.

• No more than 5 4 surveys of non-community systems with three or fewer connections be completed between January 1, 2022 and December 31, 2022.

• No more than 4 3 surveys of non-community systems with four or more connections and all community systems to be completed between January 1, 2022 and December 31, 2022

• No more than 4 surveys of non-community systems with three or fewer connections be completed between January 1, 2023 and December 31, 2023.

• No more than 4 surveys of non-community systems with four or more connections and all community systems to be completed between January 1, 2023 and December 31, 2023.

The process for assignment of surveys to the LHJ, notification of the water system, and ODW follow-up with unresponsive water systems; and other roles and responsibilities of the LHJ are described in the Field Guide.

Task 2

Trained LHJ staff will perform Special Purpose Investigations (SPIs) as assigned by ODW. SPIs are inspections to determine the cause of positive coliform samples or the cause of other emergency conditions. SPIs may also include sanitary surveys of newly discovered Group A water systems. Additional detail about conducting SPIs is described in the Field Guide. The ODW Regional Office must authorize in advance any SPI conducted by LHJ staff.

Task 3

Trained LHJ staff will conduct Technical Assistance as assigned by ODW. Technical Assistance includes assisting water system personnel in completing work or verifying work has been addressed as required, requested, or advised by the ODW to meet applicable drinking water regulations. Examples of technical assistance activities are described in the Field Guide. The ODW Regional Office must authorize in advance any technical assistance provided by the LHJ to a water system.

Task 4

LHJ staff assigned to perform activities under tasks 1, 2, and 3 must be trained and approved by ODW prior to performing work.

If required trainings, workshops or meetings are not available, not scheduled, or if the LHJ staff person is unable to attend these activities prior to conducting assigned tasks, the LHJ staff person may, with ODW approval, substitute other training activities to be determined by ODW. Such substitute activities may include one-on-one training with ODW staff, co-surveys with ODW staff, or other activities as arranged and pre-approved by ODW. LHJ staff may not perform the activities under tasks 1, 2, and 3 without completing the training that has been arranged and approved by ODW.

Consolidated Contract Overview: 2022-24

Under RCW 70 05, local health boards and health officers are considered extensions of the Washington State Board of Health and Washington State Department of Health. Local health departments are responsible for supporting the preservation of life and health of all residents within their jurisdiction. This responsibility includes:

INFORM THE PUBLIC about the causes, nature, and prevention of diseases and disabilities.

What’s a consolidated contract or “con-con”?

MITIGATE & PREVENT

the spread of dangerous and infectious diseases and nuisances that are detrimental to public health.

Rather than sending individual contracts to local health departments, the Washington State Department of Health allocates funding through a consolidated contract, also called “Con-Con”.

“Con-Con is a three-year, multi-statement of work agreement that provides funding to local health departments.

Instead of exclusively relying on county general funds and fees, local health departments use Con-Con funding to support mandated foundational public health services and other functions.

TAKE MEASURES to promote overall public health and maintain public health and sanitation.

EDUCATE and enforce state public health statutes, rules, and regulations.

Group A Water (<1%)

Maternal Child Health (3%)

Emergency Preparedness (7%)

Group B Water (2%) Foundational

CONTRACT NUMBER: CLH31008

AMENDMENT NUMBER: 6

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES, a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL : https://stateofwa.sharepoint.com/sites/doh -ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c

Adds Statements of Work for the following programs:

Amends Statements of Work for the following programs: Office of Drinking Water Group B Programs - Effective January 1, 2022

Deletes Statements of Work for the following programs:

2. Exhibit B-6 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B -5 Allocations as follows:

Increase of $25,878 for a revised maximum consideration of $4,202,628

Decrease of for a revised maximum consideration of

No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES

STATE OF WASHINGTON DEPARTMENT OF HEALTH

Signature: Signature:

Date:

Date:

APPROVED AS TO FORM ONLY

Assistant Attorney General

CONTRACT NUMBER: CLH31008

AMENDMENT NUMBER: 5

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES, a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL : https://stateofwa.sharepoint.com/sites/doh -ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c

Adds Statements of Work for the following programs:

Amends Statements of Work for the following programs:

Executive Office of Resiliency and Health Security -PHEP - Effective July 1, 2022

Foundational Public Health Services (FPHS) - Effective January 1, 2022

Foundational Public Health Services (FPHS) - Effective July 1, 2022

Deletes Statements of Work for the following programs:

2. Exhibit B-5 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B -4 Allocations as follows:

Increase of for a revised maximum consideration of

Decrease of $245,963 for a revised maximum consideration of $4,176,750

No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES STATE OF WASHINGTON DEPARTMENT OF HEALTH

Signature: Signature:

Date:

Date:

APPROVED AS TO FORM ONLY

Assistant Attorney General

CONTRACT NUMBER: CLH31008

AMENDMENT NUMBER: 4

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES, a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL : https://stateofwa.sharepoint.com/sites/doh -ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c

Adds Statements of Work for the following programs:

Executive Office of Resiliency & Health Security -PHEP - Effective July 1, 2022

Foundational Public Health Services - Effective July 1, 2022

Amends Statements of Work for the following programs:

Foundational Public Health Services (FPHS) - Effective January 1, 2022

Deletes Statements of Work for the following programs:

2. Exhibit B-4 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B -3 Allocations as follows:

Increase of $651,074 for a revised maximum consideration of $4,422,713

Decrease of for a revised maximum consideration of No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES STATE OF WASHINGTON DEPARTMENT OF HEALTH

Signature: Signature:

Date:

Assistant Attorney General

CONTRACT NUMBER: CLH 31008

AMENDMENT NUMBER: 3

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES, a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL : https://stateofwa.sharepoint.com/sites/doh -ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c

Adds Statement s of Work for the following programs:

Amends Statements of Work for the following progra ms:

DCHS -ELC COVID -19 Response - Effective January 1, 2022

Deletes Statements of Work for the following programs: Office of Immunization COVID -19 Vaccine - Effective January 1, 2022

2. Exhibit B-3 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B-2 Allocations as follows:

Increase of for a revised maximum consideration of

Decrease of $460,864 for a revised maximum consideration of $3,771,639

No change in the maximum consideration of . Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequent amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES STATE OF WASHINGTON DEPARTMENT OF HEALTH

Signature: Signature:

Date: Date:

APPROVED AS TO FORM ONLY Assistant Attorney General

CONTRACT NUMBER: CLH31008

AMENDMENT NUMBER: 2

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES, a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, includes the following statements of work, which are incorporated by this reference and located on the DOH Finance SharePoint site in the Upload Center at the following URL : https://stateofwa.sharepoint.com/sites/doh -ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c

Adds Statements of Work for the following programs:

DCHS-ELC COVID -19 Response - Effective January 1, 2022

Emergency Preparedness, Resilience & Response-PHEP - Effective January 1, 2022

Amends Statements of Work for the following programs:

Deletes Statements of Work for the following programs:

2. Exhibit B-2 Allocations, attached and incorporated by this reference, amends and replaces Exhibit B -1 Allocations as follows:

Increase of $1,928,758 for a revised maximum consideration of $4,232,503.

Decrease of for a revised maximum consideration of .

No change in the maximum consideration of . Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequen t amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES STATE OF WASHINGTON DEPARTMENT OF HEALTH

*Catalog of Federal Domestic Assistance

**Federal revenue codes begin with "333". State revenue codes begin with "334".

CONTRACT NUMBER: CLH31008

AMENDMENT NUMBER: 1

PURPOSE OF CHANGE: To amend this contract between the DEPARTMENT OF HEALTH hereinafter referred to as “DOH”, and COWLITZ COUNTY HEALTH & HUMAN SERVICES , a Local Health Jurisdiction, hereinafter referred to as “LHJ”, pursuant to the Modifications/Waivers clause, and to make necessary changes within the scope of this contract and any subsequent amendments thereto.

IT IS MUTUALLY AGREED: That the contract is hereby amended as follows:

1. Exhibit A Statements of Work, located on the DOH Finance SharePoint site in the Upload Center at the following URL: https://stateofwa.sharepoint.com/sites/doh-ofsfundingresources/sitepages/home.aspx?=e1:9a94688da2d94d3ea80ac7fbc32e4d7c , and incorporated by this reference, are amended as follows:

Adds Statements of Work for the following programs:

• COVID-19 Mass Vaccination -FEMA - Effective January 1, 2022

• Foundational Public Health Services (FPHS) - Effective January 1, 2022

• Maternal & Child Health Block Grant - Effective January 1, 2022

• Office of Drinking Water Group A Program - Effective January 1, 2022

• Office of Drinking Water Group B Program - Effective January 1, 2022

• Office of Immunization COVID -19 Vaccine - Effective January 1, 2022

Amends Statements of Work for the following programs:

Deletes Statements of Work for the following programs:

2. Exhibit B-1 Allocations, attached and incorporated by this referenc e, amends and replaces Exhibit B-0 Allocations as follows:

Increase of $2,303,745 for a revised maximum consideration of $2,303,745

Decrease of for a revised maximum consideration of

No change in the maximum consideration of Exhibit B Allocations are attached only for informational purposes.

Unless designated otherwise herein, the effective date of this amendment is the date of execution.

ALL OTHER TERMS AND CONDITIONS of the original contract and any subsequen t amendments remain in full force and effect.

IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof.

COWLITZ COUNTY HEALTH & HUMAN SERVICES STATE OF WASHINGTON DEPARTMENT OF HEALTH

APPROVED AS TO FORM ONLY

Assistant Attorney General

January 1, 2022 – December 31, 2024

CONSOLIDATED CONTRACT

Between STATE OF WASHINGTON DEPARTMENT OF HEALTH And Cowlitz County Health & Human Services Department

1. Purpose

CONSOLIDATED CONTRACT between STATE OF WASHINGTON DEPARTMENT OF HEALTH

(Referred to as

“DOH”) and COWLITZ COUNTY HEALTH & HUMAN SERVICES DEPARTMENT

(Referred to as “LHJ”) for

THE DELIVERY OF PUBLIC HEALTH SERVI CES FOR THE PERIOD OF

January 1, 20 22 through December 31, 2024

This Contract is entered into in accordance with RCW 43.70.512 , RCW 43.70.515 , the general statutory powers of the Secretary of the Department of Health (DOH), including at RCW 43.70.020 and .43.70.040, the general statutory powers of local health jurisdictions (LHJs), including at RCW 70.05.060 , RCW 70.05.070, RCW 70.08.020, and RCW 70.46.060, the authority for joint or cooperative action provided for under chapter 39.34 RCW . The purpose of this Contract is to define the parties ’ joint and cooperative relationship. The contract and all statements of work adopted under its provisions are intended to facilitate the delivery of public h ealth services to the people in Washington State. This Contract is the result of cooperative planning effort s between the LHJ and DOH.

2. Statements of Work

The individual program activities, requirements, and outcomes/deliverables to be achieved by the par ties under this Contract shall be mutually agreed to and issued as Exhibit A, Statements of Work , subsequent to the execution of this Contract The LHJ shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work as set forth

3. Exhibits

This Contract shall incorporate mutually agreed to and issued amendments throughout the Contract term, as the following Exhibits:

• Exhibit A - Statements of Work

• Exhibit B - Allocations

4.

Definitions

As used throughout this Contract and unless amended for a particular Statement of Work , the following terms shall have the meanings set forth below:

“Assistance Listing Number ”: The unique identifying code assigned to a federal assistance program which identifies the awarding agency.

“Budget, Accounting, and Reporting System (BARS)”: The system designed by the State Auditor's office for collecting, consolidating, and reporting financial budgeting and accoun ting information from all local governmental units.

“Client”: An agency, firm, organization, individual or other entity applying for or receiving services provided by the LHJ under this Contract.

“Confidential Information”: Information protected from disclosure under federal or state law.

“Contract Coordinator”: Each party’s designated contact for all notices required or permitted under this Contract.

“Contracting Officer”: The DOH Contracts and Procurement Office Director and his/her delegates within that office authorized to execute this agreement on behalf of DOH .

“Contractor”: An entity that provides goods or services to DOH and others. A contractor normally operates its business in a competitive environment, provides its goods and/or services to many different purchasers during normal business hours, and is not subject to the compliance requirements of the federal program.

“Equipment”: When used in this Contract is defined as an article of non -expendable, tangible property other than land, build ings, or fixtures which is used in operations and having a useful life of more than one year and an acquisition cost of $5,000 or more, or as otherwise stated.

“Federal Assistance”: Assistance provided by a federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations, but does not include direct federal cash assistance to individuals.

“Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)”: A federal act to make information available online so the public can see how federal funds are spent.

“Fixed Assets”: Fixed assets are property and/or equipment obtained through donation, gift, purchase, capital lease, or constru ction with a service life of more than one year.

“Program Contact”: Each party’s designated contact for those purposes identified in the Exhibit A, Statements of Work.

“Subcontractor”: Any individual or group contracted with the LHJ to perform all or par t of the services included in this Contract. This term will also apply to situations where an LHJ’s subcontractor contracts with another individual or group to perform all or part of the services included in its agreement with the LHJ.

“Subrecipient” or “Subgrantee”: A non -federal entity that receives a subaward of federal grant money or goods directly or indirectly from DOH and makes decisions regarding who can receive what federal assistance; has its performance measured against the objectives contained in the DOH agreement with the federal government; makes decisions on how to operate the program to accomplish the program goals; has the obligation to comply with federal subrecipient requirements; and/or use federal funds to carry out a program for the public purpose specified in the authorizing statute

5. Funding and Billing

A. DOH shall pay the LHJ for services as set forth in Exhibit A, Statements of Work, not to exceed funding amounts as detailed in Exhibit B, Allocations (as executed)

The LHJ will advise the Program Contact identified in the applicable Statement of Work in writing 90 calendar days prior to the end of the funded period, or as soon as practicable thereafter, if the LHJ anticipates not using all Contract fun ding.

B. If the Exhibit A, Statement of Work, is supported by federal funds that require compliance with FFATA (the Transparency Act), the corresponding checkbox on the statement of work will be checked.

C. Total consideration for this Contract shall be modified by mutually agreed to amendments issued on a periodic basis.

The LHJ will submit accurate and timely billings which, for clarity and consistency, will be prepared using the form provided and following the instructions located on the DOH website, www.doh.wa.gov . DOH will authorize payment only upon satisfactory completion and acceptance of deliverables and for allowable costs as outlined in the statement o f work and/or budget.

D. The LHJ will submit a DOH BARS Financial Report on a DOH-provided template by April 15th for the prior calendar year.

6. Contract Management

Unless otherwise specified in the Contract, the following individuals are the contacts (“Contract Coordinators”) for all notices required or permitted under this Contract :

LHJ Contract Coordinator: DOH Contract Coordinator:

Name: Carole Harrison

Title: Contracts Administrator

Mailing Address:

1952 9th Avenue

Longview, WA 98632 -4045

Physical Address:

Same as above.

Phone: 360 -414 -5599 Fax: 360 -425 -7531

Email Address: harrisonc@co.cowlitz.wa.us

Name: Brenda Henrikson

Title: Contracts Specialist

Mailing Address:

PO Box 47905

Olympia, WA 98504-7905

Physical Address:

101 Israel Rd SE

Tumwater, WA 98501 -5570

Phone: 360 -236 -3933

Email Address: brenda.henrikson@doh.wa.gov

A party may change its Contract Coordinator or its Program Contact by providing written notice to the other party. DOH Program Contacts can be found in the Exhibit A, Statements of Wor k.

7. Access to Records

To the extent authorized by applicable federal an d state law, the parties shall provide access to records relevant to this Contract to each other, the Joint Legislative Audit and Review Committee, the State Auditor, and authorized federal officials, at no additional cost. Inspections shall occur at reasonable times and upon reasonable notice.

8. All Writings Contained Herein

This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deem ed to exist or to bind any of the parties hereto. The individuals signing this Contract and subsequent amendments certify by their signatures that they are authorized to sign this Contract on behalf of their respective entity.

9. Assignment

Except for subcontracting as authorized in this Contract, the LHJ shall not assign or delegate, in whole or in part, this Contract or any of its rights, duties, obligations, or responsibilities, without the prior written consent of DOH’s Contracting Officer, which consent shall not be unreasonably withheld.

10. Assurances

The parties agree that all activity pursuant to this Contract shall be in accordance with all applicable current federal, state and local laws, rules, and regulations.

The LHJ acknowledges i ts agreement to comply with federal certifications and assurances by signing and returning the following:

1. Standard Federal Certifications and Assurances (page 11)

2. Federal Assurances for Non -Construction Programs (page 1 5)

11. Confidential Information

The parties agree to comply with all state and federal statutes and regulations relating to Confidential Information . DOH and LHJ will limit access to the Confidential Information to the fewest number of people necessary to complete the

work. Everyone having access to Confidential Information covered by this Contract must agree to protect the confidentiality of the information.

Either party to this Contract may designate certain Confidential Information as “Confidential Information/Notice Requested.” The designation shall be made by clearly stamping, watermarking, or otherwise marking each page of the Confidential Information . If a third -party requestor seeks information that has been marked “Confidenti al Information/Notice Requested,” notice shall be given to the marking party prior to release of the information. Such notice shall be provided to the program contact no less than five (5) business days prior to the date of disclosure, to allow the party o bjecting to disclosure to seek a protective order from the proper tribunal.

DOH and LHJ agree to establish , document and maintain security practices and safeguards consistent with state and federal laws, regulations, standards , and guidelines to prevent unauthorized access, use, or disclosure of Confidential Information in any form. In accordance with federal and state contracting requirements, DOH may monitor, audit, or investigate LHJ management of Confidential Information relating to this Contract. Working together, the LHJ and DOH may use any and all tools available to track Contract related Confidential Information

If one of the parties becomes aware of an actual or suspected breach of confidentiality, that party will promptly notify the Contract Coordinator for the other party of the facts. The parties will work within their respective organizations to take any steps necessary to determine the scope of the breach and to restore reasonable security to the Confidential Information . Both parties agree to mitigate any known harmful effects of a breach in confidentiality, including notifying affected individuals to the extent required by law. The parties will also reasonably cooperate with law enforcement as appropriate.

12. Ethics

Both part ies and their officers shall comply with all ethics laws applicable to their activities under this Contract, including Chapters 42.23 and 42.52 RCW. If a violation occurs and is not cured within a reasonable time after notice, the other party shall have t he right to terminate this Contract. This section is expressly subject to the Disputes section of this Contract.

13. Debarment Certification

The LHJ, by signing this Contract, certifies that the LHJ is not presently debarred, suspended, proposed for debarmen t, declared ineligible, or voluntarily excluded from participating in this Contract by any federal department or agency. The LHJ also agrees to include the above requirement in all subcontracts into which it enters. The LHJ will notify DOH of any such ev ents that may occur during the term of the Contract.

14. Disputes

Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, the parties agree to participate in good faith in non -binding mediation. The mediator shall be chosen by agreement of the parties. If the parties cannot agree on a mediator, the parties shall use a mediation service located in Washington State that selects a qualified mediator for the parties. Each party shall bear its own costs for mediation and each party shall contribute equally to the mediator’s fee, if any. The parties agree that mediation shall precede any action in a judicial tribunal.

Nothing in this contract shall be construed to limit the parti es’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above.

15. Equipment Purchases

Equipment purchased by the LHJ for use by the LHJ or its subcontractors during the term of this Contract using federal funds, in whole or in part, shall be the property of the LHJ. The use, management and disposal of the equipment must comply with federal requirements. These requirements are found in the Office of Management and Budget’s (OMB ’s) Uniform Guidance, Title 2 Code of Federal Regulations Part 200 (2 CFR 200 ) - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards , or are included in the federal funding agency’s regulations.

16. Governing Law and Venue

The laws of the state of Washington govern this Contract. In the event of a laws uit by the LHJ against DOH arising under this Contract, venue shall be proper only in Thurston County, Washington. In the event of a lawsuit by DOH against the LHJ arising under this Contract, venue shall be proper only in the county in which the LHJ is l ocated or in either of the two nearest judicial districts within the meaning of RCW 36.01.050.

17. Independent Capacity

The employees or agents of each party who are engaged in the performance of this Contract shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

18.

Insurance

The LHJ certifies that it is self-insured, is a member of a risk pool, or maintains insurance coverages sufficient to cover obligations under this Contract. Each party shall pay for losses for which it is found liable. The LHJ agrees to require all subcontractors to maintain insurance in types and with limits as may be determined by the LHJ and/or its risk manager, unless the LHJ and DOH agree otherwise.

19. Licensing, Accreditation , and Registration

The LHJ shall comply with all applicable local, state, and federal licensing, accreditatio n and registration requirements and standards, necessary for the performance of this Contract.

20. Maintenance of Records

Each party to this Contract shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by it. All books, records, documents, and other material relevant to this Contract will b e retained for six (6) years after expiration. If any litigation, claim or audit is started b efore the expiration of the six -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved

Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Both parties agree to continue protecting records until such time as the information is destroyed in accordance with applicable state and federal records retention laws.

21. Modifications and Waivers

This Contract, or any term or condition, may be modified only by a written amendment signed by the DOH Contracting Officer and the authorized representative for the LHJ. Either party may propose an amendment.

Failure or delay on the part of either party to exercise any right, power, privilege or remedy provided under this Contract shall not constitute a waiver. No provision of this Contract may be waived by either party except in a writing signed by the DOH Contracting Officer or the authorized represen tative of the LHJ.

22. No Third-Party Rights Created

This Contract, or any program hereunder, is entered into solely for the benefit of the two parties thereto and shall not be construed as giving rise to any right, remedy or expectancy of any kind or nature on the part of any third party.

23. Nondiscrimination

During the performance of this Contract, the LHJ and DOH shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the LHJ’s noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the LHJ may be declared ineligible for further contracts with DOH. The LHJ shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.

24. Order of Precedence

In the event of an inconsistency in the terms of this Contract, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:

Applicable state and federal statutes, and local laws, rules and regulations.

Terms and conditions of this Contract.

Statements of Work.

Any other provisions of this Contract, including other materials incorporated by reference.

25. Ownership of Material/Rights in Data

Records and other documents relevant to this Contract, in any medium, furnished by one party to this Contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. Data which is delivered under the Contract shall b e transferred to DOH with a nonexclusive, royalty -free, perpetual, irrevocable license to publish, translate, reproduce, modify, deliver, perform, dispose of, and to authorize others to do so; provided that such license shall be limited to the extent which the LHJ has a right to grant such a license. The LHJ shall exert all reasonable effort to advise DOH, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of su ch document which was not produced in the performance of this Contract. DOH shall receive prompt written notice of each notice or claim or copyright infringement received by the LHJ with respect to any data delivered under this Contract. DOH shall have t he right to modify or remove any restrictive markings placed upon the data by the LHJ, provided that if DOH modifies or removes such markings without the LHJ’s approval, it assumes all liability for doing so.

26. Publications

Any program reports, articles, an d publications that result from information gathered through use of state and federal funds must acknowledge receiving support from DOH and/or the appropriate federal agencies. Correspondingly, such documents resulting from information gathered through us e of local funds must acknowledge receipt of such local support.

27. Responsibility for Actions

Each party to this Contract shall be solely responsible for the acts and omissions of its own officers, employees, and agents in the performance of this Contract. Neither party to this Contract will be responsible for the acts and omissions of entities or individuals not party to this Contract. DOH and the LHJ shall cooperate in the defense of tort lawsuits, when possible.

28. Loss or Reduction of Funding

In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, DOH may elect to suspend or terminate the contract , in whole or in part, under the "T ermination for Convenience" clause with a ten (10) business day notice to LHJ, to the extent possible, subject to renegotiation at DOH’s discretion under those new funding limitations and conditions.

29. Severability

If any term or condition of this Contract is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Contract, provided, however, that the remaining terms and conditions can still fairly be given effect.

30. Subcontracts

Unless specifically noted as not allowable within a Statement of Work, t he LHJ may subcontract any or all of the services or other obligations specified in this Contract. The LHJ will require the subcontractor to comply with all the applicable terms and conditions of this Contract , including all terms, conditions, certifications and assurances. The LHJ agrees it is responsible for assuring adequate performance on the part of the subcontractor.

The parties agree that all subcontractors must be responsible for any liabilities creat ed by their actions or omissions. In the event DOH, LHJ, and subcontractor are found by a jury or trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission, then each entity shall be responsible for its proportionate share.

31. Subrecipient

For those activities designated as “subrecipient” in Exhibit A, Statements of Work, the LHJ must comply with applicable federal requirements, including but not limited to OMB ’s Uniform Guidance at 2 CFR 200, Subparts D ( Post Federal Award Requirements), E (Cost Principles) and F (Audit Requirements), and program specific federal regulations. If the LHJ expends $500,000 or more in federal awards from all sources, it is responsible for obtaining appropriate aud its. If the LHJ expends $750,000 or more in federal grants or awards from all sources, it is responsible for obtaining the required single audit.

32. Survivability

The terms and conditions contained in this Contract , which by their sense and context are intended to survive the expiration of the Contract , shall survive. Surviving terms include, but are not limited to: Access to Records, Confidential Information, Disputes, Responsibility for Actions, Maintenance of Rec ords, Ownership of Material/Rights in Data, Subcontracts, Termination for Convenience, Termination for Default, and Termination Procedure.

33.

Term

This Contract will be in effect following execution by the parties from January 1, 2022 through December 31, 20 24, unless terminated earlier as provided herein.

34. Termination for Convenience

Except as otherwise provided in this Contract, either party may terminate or suspend this Contract, or any program hereunder, for convenience by providin g at least thirty (30 ) days’ advance written notice to the other party.

If DOH elects to suspend the Contract, in whole or in part, LHJ shall stop work as of the effective date of DOH’s written notice of suspension. During suspension, each Party will rea sonably notify the other of any conditions that may affect resumption of performance. Upon DOH’s written notice to resume performance, LHJ shall resume work unless the LHJ provides notice to DOH that services cannot be resumed. If LHJ cannot resume perfo rmance, the Contract or affected Exhibit A, Statement of Work, will be deemed terminated upon the date the LHJ received notice to suspend performance.

35. Termination for Default

(a) In the event of a default by either party under this Contract, the nondefaulting party may give written notice to the defaulting party that it intends to terminate this Contract, or any program hereunder, if the default is not cured within thirty (30) days of the date of the notice, or such longer period of time as may be reasonable under the circumstances. If the default is not cured within that time, the nondefaulting party may then notify the defaulting party in writing that this Contract is terminated. In the event of such termination, the nondefaulting party shall have all rights and remedies available to it under general law.

(b) A disputed termination for default is expressly subject to the Disputes section of this Contract.

36. Termination Procedure

Upon termination DOH may require the LHJ to deliver to DOH any non -LHJ-owned equipment, data, or other property specifically produced or acquired for the performance of such part of this Contract as has been terminated.

DOH shall pay to the LHJ the agreed upon price, if separately stated, for completed work and services accepted by DOH. In addition DOH shall pay the amount determined by DOH’s Contracting Officer for (a) completed work and services for which no separate price is stated, (b) partially compl eted work and services, (c) other property or services which are accepted by DOH, and (d) the protection and preservation of the property. Disagreement by the LHJ with the determination of DOH’s Contracting Officer that relates to the obligations or amoun ts due to the LHJ shall be considered a dispute within the meaning of the “Disputes” clause of this Contract. DOH may withhold from any amounts due the LHJ for such completed work or services such sum as DOH’s Contracting Officer reasonably determines to be necessary to protect DOH against potential loss or liability. The rights and remedies of DOH provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

After receipt of a written notice of termination, the LHJ shall:

• Stop work under the Contract on the date and to the extent specified in the notice;

• Place no further orders or subcontracts for materials, services, or facilities, except as necessary to complete such portion of the work not terminated;

• Assign to DOH, to the extent reasonably directed by DOH’s Contracting Officer and to the extent that the LHJ has the legal right to do so, all of the right, title, and interest of the LHJ under the orders and subcontract s in which case DOH has the right, at its reasonable discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.

• Settle all outstanding liabilities and all claims arising out of orders or subcontracts, wit h the approval or ratification of DOH’s Contracting Officer to the extent he/she may reasonably require, which approval or ratification shall be final for all the purposes of this clause;

• Transfer title to DOH and deliver, as reasonably directed by DOH’s Contracting Officer, any property which, if the Contract had been completed, would have been required to be furnished to DOH;

• Complete performance of such part of the work not terminated by DOH’s Contracting Officer; and,

• Take such action as may be necessar y, or as DOH’s Contracting Officer may reasonably direct, for the protection and preservation of the property related to this Contract which is in the possession of the LHJ, or its subcontractors, and in which DOH has or may acquire an interest.

IN WITNES S WHEREOF, the parties have executed this Contract.

COWLITZ COUNTY HEALTH & HUMAN SERVICES DEPARTMENT

Signature:

{{Sig_es_:signer1:signature}}

Title: {{Ttl_es_:signer1:title}}

Print Name: {{N__es_:signer1:fullname}}

Date: {{Dte_es_:signer1:date}}

STATE OF WASHINGTON DEPARTMENT OF HEALTH

Signature: {{Sig_es_:signer2:signature}}

Title: {{Ttl_es_:signer2:title}}

Print Name: {{N_es_:signer2:fullname}}

Date: {{Dte_es_:signer2:date}}

Standard Federal Certifications and Assurances

Following are the Assurances, Certifications, and Special Conditi ons that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health.

CERTIFICATIONS

1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;

B. Have not w ithin a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local ) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

D. Have not within a 3 -year period precedin g this contract had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the cont ract.

The contractor agrees by signing this contract that it will include, without modification, the clause titled Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Lower Tier Covered Transactions in all lower tier cov ered transactions (i.e., transactions with sub - grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76.

2. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS

The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug -free workplace in accordance with 45 CFR Part 76 by:

A. Publishing a statement notifying employees that the unlawful manufacture, dis tribution, dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

B. Establishing an ongoing drug -free awareness progr am to inform employees about:

1) The Dangers of drug abuse in the workplace;

2) The contractor’s policy of maintaining a drug -free workplace;

3) Any available drug counseling, rehabilitation, and employee assistance programs; and

4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph 1) above;

D. Notifying the employee in the statement required by paragraph 1), above, that, as a condition of employment under the contract, the employee will:

1) Abide by the terms of the statement; and

2) Notify the employer in writing of his or her conviction for a violation of a crimi nal drug statute occurring in the workplace no later than five calendar days after such conviction;

E. Notifying the agency in writing within ten calendar days after receiving notice under paragraph D. 2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a centra l point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;

F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph D. 2) with respect to any employee who is so convicted:

1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

2) Requiring such employee to participate satisfactorily in a drug a buse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of para graphs (A), (B), (C), (D), (E), and (F).

For purposes of paragraph (E) regarding agency notification of criminal drug convictions, DOH has designated the following central point for receipt of such notices:

Compliance and Internal Control Officer

Department of Health – Office of Financial Services

PO Box 47901

Olympia, WA 98504 -7901

3. CERTIFICATION REGARDING LOBBYING

Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non -Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93).

The undersigned (authorized official signing fo r the contracting organization) certifies, to the best of his or her knowledge and belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an o fficer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form -LLL, "Disclosure of Lobbying Activities," its instructions, and continua tion sheet are included at the end of this application form.)

C. The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts un der grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submissi on of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more th an $100,000 for each such failure.

4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA)

The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded.

5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE

Public Law 103 -227, also known as the Pro -Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children’s services that are provided in indoor facilities that ar e constructed, operated, or maintained with such Federal funds. The law does not apply to children’s services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applica ble Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed.

Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of a n administrative compliance order on the responsible entity.

By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act.

The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children’s services and that all subrecipients shall certify accordingly.

The Public Health Services strongly encourages all recipients to provide a smoke -free workplace and promote the nonuse of tobacco products. This is consistent with the PHS mission to protect and adva nce the physical and mental health of the American people.

6. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - INSTRUCTIONS FOR CERTIFICATION

By signing and submitting this certification, the prospective contractor is providing the certification set out below.

A. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certif ication set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an e xplanation shall disqualify such person from participation in this transaction.

B. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.

C. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

D. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the mean ings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations.

E. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from part icipation in this covered transaction, unless authorized by DOH.

F. The prospective contractor further agrees by submitting this contract that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusi on Lower Tier Covered Transaction, provided by HHS, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

G. A participant in a covered transaction may rely upon a certification of a pros pective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequ ency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (of excluded parties).

H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

I. Except for transactions authorized under paragraph F. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, DOH may terminate this transaction for cause or default.

7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVE RED TRANSACTIONS

A. The contractor certifies to the best of its knowledge and belief, that it and its principals:

1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Fede ral department or agency;

2) Have not within a three -year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false stat ements, or receiving stolen property;

3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; an d

4) Have not within a three -year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default.

B. Where the prospective contractor is unable to certify to any of the statements in this certificatio n, such prospective contractor shall attach an explanation to this contract.

Federal Assurances – Non-Construction Programs

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, inc luding suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 -0040), Washington, DC 20503

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the contractor, I certify that the contractor:

1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application.

2. Will give the awarding agency, the Comptroller General o f the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with ge nerally accepted accounting standards or agency directives.

3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes relating to nondiscrimi nation. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 -1683, and 1685 -1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 19 75, as amended (42 U.S.C. § 6101 -6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alco hol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290 dd -3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.

7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

8. Will comply, as applicable, with the provisions o f the Hatch Act (5 U.S.C. § 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327 -333), regarding labor standards for federally assisted construction sub -agreements.

10. Will comp ly, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insuranc e if the total cost of insurable construction and acquisition is $10,000 or more.

11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Envir onmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 1 1988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clea n Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205).

12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Prese rvation Act of 1974 (16 U.S.C. § 469a-1 et seq.).

14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm -blooded animals held for research, teaching, or other activities supported by this award o f assistance.

16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Uniform Guidance at 2 CFR 200, Subpart F.

18. Will comply with 2 CFR 200.216 – Prohibition on certain telecommunications and video surveillance services or equipment – as amended effective August 13, 2020, and any amendments to this section thereafter.

19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program.

AUTHORIZED SIGNATURE REQUIRED

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL

{{Sig_es_:signer1:signature}} TITLE {{Ttl_es_:signer1:title}}

PLEASE PRINT OR TYPE NAME:

{{N_es_:signer1:fullname}}

Dennis P. Weber

Dennis P. Weber

HHUDOLFFRDELOLDUDSDUHFFDDROOHFLRRUP

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

PDHDYDLODEOHRHSXEOLFEHIHHUDORYHUPHR86$6SHLRY 5,3,1

/HDO1DPH 8161XPEHU

3ULFLSOH3ODFHRI3HUIRUPDFH

D L E6DH

F LS RXU 12

4. $UH RX UHLHUH L 6$0 (6NLS R LDXUH EORFN 6L DH D UHXU

5. ,HSUHFHLILFDOHDULRXURUDLDLR

a. 5HFHLYH RU PRUH RI DXDO URUHYHXH IURP IHHUDO FRUDF XEFRUDF

RU FRRSHUDLYHDUHHPH D

b. RU PRUH L DXDO URUHYHXH IURP IHHUDO FRUDF

UD ORD XEUD D RU FRRSHUDLYHDUHHPH D

c. 7HSXEOLF RHRDYH DFFHRLLIRUPDLR DERXHFRPSHDLRRIHHLRUHHFXLYHRI RXU RUDLDLRURXSHULRLFUHSRU ILOHXHUHFLRDRURIH6HFXULLHD(FDH $F RI 86 PD R RU HFLRRI H ,HUDO 5HYHXH RH RI 12NLSRLDXUHEORFN6L DH D UHXU (6RX PX UHSRU H DPH D RDO FRPSHDLR RI H RS LO FRPSHDH RIILFLDO RI RXU RUDLDLR

1DPHRI2IILFLDO

7RDORPSHDLR

1RH 7RDOFRPSHDLRIRUSXUSRHRILUHTXLUHPHHHUDOOPHDHFDDRFDYDOXHHDUHE H HHFXLYHXULHSDILFDOHDUDLFOXH DODU DERXDZDURIRFNRFNRSLRDRFN DSSUHFLDLR ULDRHUFRPSHDLRXFDHYHUDFHDHUPLDLRSDPHDYDOXHRIOLIHLXUDFH SDLREHDOIRIH

HPSORHHDDRHUZLHSURYLHE))$7$DDSSOLFDEOH 20%XLDFH

LLL RFPH HRULH5HSUHHDLYHDHRHLIRUPDLR

$XRULH5HSUHHDLYHSign&Date

HHUDOLFFRDELOLDUDSDUHFFDDROOHFLRRUP

25351221 2+RUDF1XPEHU

CLH31008

RUDF HFULSLR HHLUXFLRDHDPSOHEHORZ

,UFLRIRURUDF HFULSLR

,HILUOLHRIHHFULSLRSURYLHDLOHIRUHXE UHFLSLHFRUDF DFDSXUHHPDLSXUSRHRIHZRUN 7HLLFDHHDPHRIHXEUHFLSLHDSURYLHDEULHIHFULSLRDFDSXUHHRYHUDOOSXUSRHRIHZRUN RZHIXZLOOEHXHDZDZLOOEHDFFRPSOLH

D PSOHRID RUDF HFULSLR ,FUHDH+HDO%HDYLRU(XFDLRDO6HUYLFHLULF;ZLOOSURYLHUDLLDHFLFDODLDFHRFHPLFDO HSHHFFHHURDLHFHHURLHUDHREDFFRXHLRHLUHLLDLFLRUHDPHSURUDP )XZLOODOREHXHRDLFHHULFUHDLREDFFRIUHHUHDPHHYLURPH

AS-12790 8.

BOCC Agenda

Meeting Date: 05/09/2023

PUBLIC HEARING (9:45 a.m.) - Proposed Ordinance - No Parking Zone

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Submitted By: Emilie Cochrane, Public Works

Information

Subject and Summary Statement

A public hearing was scheduled for May 9, 2023 at 9:45 a.m., on the proposed resolution related to the establishment of No Parking Zones on various Cowlitz County roads and adding them to the official No Parking Zone List 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 the proposed resolution related to the establishment of No Parking Zones on portions of 6th Avenue S, Fiest Road, International Way, Rosewood Street and Steelhead Drive, and add them to the official No Parking Zone List of the County.

Attachments

Resolution - No Parking Zones  Vicinity maps

Inbox

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Form Review

BEFORE COWLITZ COUNTY, WASHINGTON BOARD OF COMMISSIONERS

A RESOLUTION DESIGNATING "NO ) PARKING ZONES" ON PORTIONS OF ) COUNTY ROAD RIGHTS-OF-WAY IN ) ) UNINCORPORATED AREAS OF ) COWLITZ COUNTY, WASHINGTON )

RESOLUTION NO. __________________

WHEREAS, Board of County Commissioners of Cowlitz County, Washington, in compliance with Cowlitz County Code Ch. 11.32, may designate a ‘No Parking Zones’ along county road rights of way; and

WHEREAS, the County Engineer of Cowlitz County has investigated and found that vehicular parking along portions of multiple county roadways, as set forth in the schedule below, in Cowlitz County is a risk to the safety of the traveling public and has recommended a "No Parking Zones" be established thereon; and,

WHEREAS, it appears to this Board, following public hearing, that it is in the best interest of public safety and in compliance with the laws of Washington and Cowlitz County Code Ch. 11.32, that portions of county roadways, as set forth below, be designated as ‘No Parking Zones’; and

BE IT RESOLVED by the Board of County Commissioners of Cowlitz County, Washington:

Section 1. Designated Locations. The following portions of county road rights-of-way are hereby designated as "no parking zones" on both sides of the county road as noted below, with violations thereof subject to the penalties set forth within CCC 11.32.030:

Section 2. The provisions of this Resolution shall not be codified and shall become effective upon the Department of Public Works erecting ‘No Parking Zone’ signage in accordance with CCC 11.32.020, and the "Manual on Uniform Traffic Control Devices for Streets and Highways" as adopted and amended by the Washington State Department of Transportation, and with the Department thereafter maintaining the signage.

Section 3. The provisions of this Resolution are declared separate and severable shall not affect the validity of any portion of Ch. 11.32 CCC, and the ‘no parking zones’ along portions of 6th Avenue S, Rosewood Street, Fiest Road, Steelhead Drive and International Way shall be added to the official No Parking Zone List of the County pursuant to CCC 11.32.050.

APPROVED THIS 9th day of May, 2023, after public hearing on May 9, 2023, pursuant to Notice published on the ____day of __________, 2023 in The Daily News.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

ATTEST:

Richard Dahl, Chairman

Arne Mortensen, Commissioner Clerk of the Board

Kelly Dombrowsky

APPROVED AS TO FORM:

Cowlitz County Prosecuting Attorney

Douglas Jensen, Chief Civil Deputy

Dennis P. Weber, Commissioner