Regular Meeting Agenda 9.23.25 by cowlitzwa.gov

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Grayson, Clerk of the Board

Regular Public Meeting

September 23 , 202 5 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Invocation by Invitation

 Pledge of Allegiance

 Minutes of September 15-17, 2025

 Consent Agenda of September 23, 2025

 Call for Bids

 Call for Hearings

 Public Comments

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Bids

1. Call for Bids for 3000 tons of 5/8" minus rock and 500 tons of 1 1/4" minus rock that will be stockpiled at the road shop sites in Longview, Kelso, and Kalama scheduled for October 13, 2025, at 1:30 p.m. (14349)

2. Request for Qualifications for As-Needed Civil Engineering Services to provide general civil engineering services for County Road projects scheduled for October 22, 2025, at 4:00 p.m. (14355)

Call for Public Hearing

3. Call for Public Hearing – Adopting an Ordinance reflecting Codification of Amendment by the State Office of Code Reviser to RCW 36.32.120(10), renumbering it as RCW 36.32.120(11), effective July of 2025, amending Cowlitz County Code Sections 12.55.070, 15.50.120, 15.50.130, 16.20.100, and 16.22.110, and updating Section 2.06.120 scheduled for October 21, 2025 at 9:30 a.m. (14363)

ZOOM Link KLTV Link Phone

Live Stream Print Agenda

Regular Public Meeting

September 23, 2025, 9:00 a.m.

Agreements/Contracts/Bid Awards

4. Personal Services Agreement with Everle Vivian/Helsman to provide Worker's Compensation Administration Services for the period of October 1, 2025, to September 30, 2026. The total amount is $36,316.78. (14346)

Board Correspondence

5. Letters/Notices

a. Affidavit of Posting Resume for the month of August 2025. (14350)

b. Letter dated 09/15/2025 from Monica Petterson, Executive Assistant/Clerk of the Board, with the Cowlitz County PUD District No.1 disclosing that no Tax Levy will be required for the year 2026. (14354)

c. Letter dated 9/23/25 to Bobbi Day appointing her to the Homeless Housing Taskforce. This is a 2-year term expiring on September 30, 2027. (14358)

d. Letter dated 9/3/25 to Tina Smith appointing her to the Rural Partial-County Library District Board of Trustees representing Position #3. This is a 5-year term expiring on December 31, 2030. (14357)

Vouchers

The following vouchers/warrants are approved for payment. Fund Voucher Numbers Amount Claims

Motion Items

Public Works

6. Change Order No. 4 with Active Construction for the Erick Creek Fish Passage project for additional traffic control costs and costs associated with the stream bypass system. The additional amount is $45,138.98 for a total of $1,959,051.98. (14353) Workshop

Regular Public Meeting

September 23, 2025, 9:00 a.m.

Updates

Chairman Updates

Upcoming Events:

 Tuesday, September 30th @ 10:00 a.m. – Board of Health – CANCELED

 Tuesday, October 7th @ 10:00 a.m. – Lower Columbia Fish Recovery Board

 Tuesday, October 21st @ 10:00 a.m. – Department of Ecology

 Tuesday, October 21st @ 11:00 a.m. – Local Homeless/Housing Plan

2026 Budget Calendar:

Tuesday, September 23rd

1:30 – Commissioners 2:00 – Coroner 2:30 – Parks & Rec

Wednesday, September 24th

2:30 – Non-Dept/Finance 3:00 – Auditor 3:30 – Clerk’s Office

Tuesday, September 30th

1:30 – WSU

3:00 – Sheriff/DEM 2:00 – Noxious Weeds 2:30 – District Court

Wednesday, October 1st

Tuesday, October 7th – Specialized Workshop

1:30 – Personnel Requests

Monday, October 13th

9:00 – Health & Human Services

Tuesday, October 14th

1:30 – Information Technology 3:00 – Superior Court/Juvenile, Drug Court

Wednesday, October 15th – Specialized Workshops

2:30 – 5 yr. Capital Plan

Monday, October 20th

1:30 – Prosecuting Attorney 2:00 – Café

Tuesday, October 21st – Specialized Workshops

1:30 – Fee Setting 2:00 - 6-year Road Plan

Wednesday, October 22nd – Specialized Workshops

1:30 – Equipment Revolving Reserve

Tuesday, October 28th

1:30 – Summary Revenue & Expenses

2:30 – Human Resources 3:00 Correction 3:30 – Office of Public Defense 2:00 – General Fund Levy

3:00 – Road Fund Levy 2:00 – Public Works

Regular Public Meeting

September 23, 2025, 9:00 a.m.

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

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

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

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

 ZOOM Invitation Address (for all meeting days): o https://us06web.zoom.us/j/82019613917

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

Meeting Date: 09/23/2025

CALL FOR BIDS - Rock Delivery Stockpile for Roads

Submitted For: Shawn Roewe, Public Works

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

Information

Subject and Summary Statement

Attached are the necessary documents to issue the Call for Bids for 3000 tons of 5/8" minus rock and 500 tons of 1 1/4" minus rock that will be stockpiled at the road shop sites in Longview, Kelso, and Kalama.

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, set a time for the bid opening and publish the Notice.

Attachments

Call for Bids

Notice to Call for Bids

Bid Proposal - Rock Stockpile

Form Review

Inbox Reviewed By Date

Mike Moss, Public Works

Form Started By: Lynn Ruffe

Started On: 09/11/2025 09:20 AM

CALL FOR SEALED BIDS

Rock Delivery Stockpile for Roads

Sealed bids will be received by the Cowlitz County Department of Public Works, ATTN: Shawn Roewe, 1600 13th Avenue South, Kelso, Washington, 98626, prior to 1:30 o'clock p.m., the 13th day of October, 2025, for furnishing 5/8” and 1 1/4” minus stockpile rock for 2025.

ALL BIDS MUST BE SUBMITTED ON THE ATTACHED PROPOSAL FORMS. The outside of envelope must have the following information:

1) Mailing Address: Cowlitz County Department of Public Works

Attn: Shawn Roewe 1600 13th Avenue South Kelso WA 98626

2) Bid Description: Stockpile Rock for Roads

3) Date of Bid Opening: October 13, 2025

RCW 39.34 allows cooperative purchasing between public agencies in the State of Washington. Other public entities (cities, school districts, and so forth), which have filed an Interlocal Cooperative Joint Purchasing Agreement with the County, may elect to purchase road surfacing materials from the vendor based on the terms and conditions of this agreement, subject to vendor's consent.

Proposal forms will be furnished, upon request, by the Department of Public Works, 160013th Avenue South, Kelso, Washington, 98626, telephone (360) 577-3030. The bid proposal and bid results may also be viewed on the Cowlitz County Department of Public Works internet website at https://www.co.cowlitz.wa.us/Bids.aspx?CatID=37.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on Cowlitz County Department of Public Works internet website. 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.

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.

The Board reserves the right to reject any and all bids, to waive any informalities and minor irregularities in the bids, and to accept other than the low bid if it appears to be in the best interests of the County.

DATED this 23rd day of September, 2025

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

ATTEST:

Kelly Grayson Clerk of the Board

N O T I C E CALL FOR BIDS

Rock Delivery Stockpile for Roads

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Cowlitz County, Washington, will receive bids for furnishing of Snow Sand for Roads.

Proposal forms will be furnished, upon request, by the Department of Public Works, 1600-13th Avenue South, Kelso, Washington, 98626, telephone (360) 577-3030. The bid proposal and bid results may also be viewed on the Cowlitz County Department of Public Works internet website at https://www.co.cowlitz.wa.us/Bids.aspx?CatID=37.

The Board of County Commissioners reserves the right to reject any and all bids and to waive informalities and minor irregularities in the bids, and to accept other than the low bid if it appears to be in the best interests of the 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.

DATED this 23rd day of September, 2025.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Published:

PUBLICATION REQUIREMENT: To be published in one issue at least thirteen (13) days prior to bid opening.

BILLING INFORMATION:

1) AFFIDAVIT TO: Cowlitz County Commissioners

ATTN: Clerk of the Board

207 Fourth Avenue N Kelso, WA 98626

2) BILL TO: Cowlitz County Department of Public Works

1600 – 13th Avenue South Kelso, WA 98626

P.O. 001030

PROPOSAL

ALL BIDS MUST BE SUBMITTED ON THE ATTACHED PROPOSAL FORMS

The undersigned bidder hereby agrees to furnish the items listed below conforming to the specifications below at the prices stated. PRINT LEGIBLY IN INK OR TYPE.

DATE OF BID:

BID SUBMITTED BY: (Company Name)

SIGNATURE:

NAME PRINTED:

TITLE:

MAILING ADDRESS:

PHONE: FAX:

EMAIL:

SUPPLIER’S LOCATION: (street location)

Addenda. The bidder acknowledges receipt of the following addenda: _____, _____, and _____. (Insert numbers of any addenda received.)

The unit price bid shall reflect the total cost of the product specified with delivery FOB to the stockpile site indicated. Washington State sales tax shall be added in accordance to the Washington State Administrative Code (WAC) in effect at time of bid. If WAC is modified during the term of this contract, the successful bidder shall modify the sales tax rate charged in accordance with the WAC in effect at time of delivery. No additional charges, surcharges, or other fees may be added.

This bid will be awarded to the lowest responsible bidder for the sum of all items.

Time is of the essence with respect to the scheduled delivery of materials under this contract. All material must be delivered to the stockpile sites no later than November 3, 2025.

The contractor shall stockpile Listed Materials at the designated Stockpile sites:

1. Kelso Shop

2. Longview Shop

3. Kalama Shop – Norris Pit

Meeting Date: 09/23/2025

REQUEST FOR QUALIFICATIONS - As-Needed General Civil Engineering Services

Submitted For: Susan Eugenis, Public Works

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

Information

Subject and Summary Statement

Attached is a request for qualifications for As-Needed Civil Engineering Services. The selected consultant (s) will provide general civil engineering services for County Road projects. Typical projects may include but are not limited to, the design of roads and roadway improvements, bridges, walls, and culverts.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board approve the request for qualifications and publish the attached notice in the usual manner.

APPROVED this _____ day of _______________, 2025.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

Attest:_______________________________ Kelly Grayson, Clerk of the Board

Request for Qualifications

Request for Qualifications - Notice

Inbox

Susan Eugenis

Mike Moss, Public Works

Attachments

Form Review

Reviewed By Date

Susan Eugenis 09/16/2025 12:59 PM

Mike Moss 09/22/2025 08:30 AM

REQUEST FOR QUALIFICATIONS (RFQ) FOR AS-NEEDED GENERAL CIVIL ENGINEERING SERVICES

Deadline: Wednesday, October 22, 2025, at 4:00 PM Local Time

Description

Cowlitz County is requesting Statements of Qualifications from qualified consultants, licensed in the State of Washington, to provide professional engineering services with specific expertise in roadway design, bridge and structural design, hydrology and hydraulic design, traffic engineering and general civil site design. The selected firm (s) may provide support to County staff for various phases of projects including public process, environmental permitting, preliminary design, final design, and construction. Familiarity with Washington State Department of Transportation (WSDOT) and Washington Department of Fish and Wildlife (WDFW) standards are essential for the successful firm (s). Typical projects may include but are not limited to, the design of roads and roadway improvements, stormwater facilities, bridges, walls, and culverts, as well as miscellaneous maintenance activities and projects as the result of emergencies. Consultant firms with expertise in other technical areas (e.g., environmental, geotechnical, etc.) in addition to those specified herein are encouraged to include this information in their statement of qualifications.

All work and deliverables will be agreed upon using a task order process. The task order process will consist of the County contacting and requesting services for a specific project. The consultant will then develop a detailed scope and budget for each request. When the scope and budget is agreed upon a task order will be issued that includes the budget and date of delivery. Any changes to the cost, scope of work or schedule must be agreed upon by the Consultant and the County in writing All work and deliverables will be in accordance with all current and applicable local, State and Federal requirements and shall comply with the department’s standards and schedules.

Minimum Qualifications

Qualified firms should demonstrate expertise in the following areas:

• Proven experience providing general civil engineering services with an emphasis in roadways, bridges, and culverts.

• Strong understanding of hydrology and hydraulics and structure design.

• Understanding of the departments of Transportation, and Fish and Wildlife requirements.

In addition, the Consultants submitting their SOQ (and any subconsultants) must not be listed with the Washington State Department of Licensing as debarred, suspended, or otherwise ineligible to contract with Cowlitz County and must not be included on the General Services Administration’s List of Parties Excluded from Federal Procurement and Non-procurement Programs or the Department of Housing and Urban Development’s Limited Denial of Participation list.

Tentative Consultant Selection Schedule

• Requests for proposals Released: September 23, 2025, Last day for questions October 14, 2025

• Proposals due: October 22, 2025

• Interviews, if needed: week of November 2, 2025

• Tentative Award of Contract November 2025

• Tentative Start: January 2026

SOQ Format, Style and Length

To ensure uniformity of the SOQ’s responding to this RFQ and to facilitate the evaluation process, all submittals should be organized and labeled following the outline below:

1. Introductory Letter – Introduce the firm and express interest in the project and why the firm is a good fit for Cowlitz County

2. Company Profile – Include background, relevant experience, and qualifications.

3. Project Understanding and Approach – Outline the firm’s proposed approach, methodology, and projected timeline for responding to requests from the County.

4. Key Personnel – Identify the project team and relevant expertise.

5. References – Include at least three professional references from similar projects.

Writing styles should be concise and straightforward. The length of the submittal document shall not exceed 12 pages (single-sided) using 12-point letter font for the main text. Consultants not conforming to the criteria may be considered non-responsive. Consultants may use their discretion for the font size of other materials (e.g. graphics, charts). Foldouts not exceeding 11x17 are permitted. Supporting documentation (including team member résumés) attached as appendices is not included in the determination of total page count.

Evaluation Criteria

The following criteria will be used to evaluate each proposal.

1. [40 points] - Demonstrated experience and expertise with general civil engineering projects and familiarity with Cowlitz County.

2. [30 points] - Qualifications and experience of key personnel.

3. [20 points] – Relevant experience, past performance and references.

4. [10 points] - Appendices.

Qualifications will be reviewed and weighed as indicated above. Following evaluations of the SOQs, the highest-ranking firms may be invited to participate in an interview process. The intent of the interviews is to help clarify and verify information provided in the SOQ and to give the County’s evaluation team an opportunity to learn more about the firm’s relevant experience and expertise.

Revisions

In the event it becomes necessary to revise any part of this RFQ, addenda will be provided via email to all individuals who have made the County aware of their interest. Revisions, updates, and clarifications of the RFQ will also be posted on the County’s webpage at www.co.cowlitz.wa.us.

Americans with Disabilities Act (ADA) Information

Cowlitz County in accordance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA), commits to nondiscrimination based on disability in all programs and activities. This material can be made available in an alternate format by emailing Cowlitz County Department of Public Works at publicworks@cowlitzwa.gov or by calling 360-577- 3030.

Title VI Statement

Cowlitz County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award.

Reservations

Cowlitz County reserves the right to reject all SOQs and to waive irregularities and informalities in the submittal and evaluation process. This solicitation of Services does not obligate Cowlitz County to pay any costs incurred by respondents in the preparation and submission of an SOQ or any other presentations, whether in response to this RFQ or to any subsequent requirements of the consultant selection and contract negotiation process. This solicitation does not oblige Cowlitz County to accept or contract for any expressed or implied services. Furthermore, Cowlitz County reserves the right to award the contract to the next most qualified Consultant if the originally selected Consultant does not successfully negotiate and execute a contract within thirty (30) days of the proposal.

Submittal

Submit four (4) copies of your Statement of Qualifications to Cowlitz County Department of Public Works, 1600 13th Avenue South, Kelso, WA, 98626, Attention Susan Eugenis, PE County Engineer, no later than Wednesday, October 22, 2025, by 4:00 pm Submittals will not be accepted after that date and time. Any questions should be directed to Susan Eugenis at (360) 577 – 3030 or by email at eugeniss@cowlitzwa.gov

Cowlitz County looks forward to reviewing your submittal.

NOTICE

REQUEST FOR QUALIFICATIONS (RFQ) As-Needed General Civil Engineering Services

Detailed information can be found in the Request for Qualification (RFQ) documents available on Cowlitz County’s website (https://www.co.cowlitz.wa.us/Bids.aspx?CatID=37). If you are unable to obtain the RFQ document from the website please contact the County at publicworks@cowlitzwa.gov with the subject line As-Needed General Civil Engineering Services Submittals must arrive no later than 4:00 p.m. on Wednesday, October 22, 2025, at Cowlitz County Department of Public Works, 1600 13th Avenue South, Kelso, WA, 98626, Attention Susan Eugenis, PE County Engineer. Submittals will not be accepted after that date and time. Any questions should be directed to Susan Eugenis at (360) 577 – 3030 or by email at eugeniss@cowlitzwa.gov

The County reserves the right to amend terms of this “Request for Qualifications” (RFQ) to circulate various addenda, or to withdraw the RFQ at any time, regardless of how much time and effort consultants have spent on their responses.

Dates of Publication: 9/30/25, 10/7/25

BOCC Agenda

Meeting Date: 09/23/2025

Ordinance - Amending CCC due to Codification Amendment Revising 36.32.120(10) to 36.32.120(11)

Submitted For: Jason Laurine

Submitted By: Kelly Grayson, Clerk of the Board Department: Prosecuting Attorney

Information

Subject and Summary Statement

Call for Public Hearing to adopt an Ordinance reflecting Codification of Amendment by the State Office of Code Reviser to RCW 36.32.120(10), renumbering it as RCW 36.32.120(11), effective July of 2025, amending Cowlitz County Code Sections 12.55.070, 15.50.120, 15.50.130, 16.20.100, and 16.22.110, and updating Section 2.06.120 scheduled for October 21, 2025 at 9:30 a.m.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments Ordinance

Form Review

Form Started By: Kelly Grayson

Started On: 09/22/2025 08:20 AM Final Approval Date: 09/22/2025

BEFORE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Adopting an Ordinance to Reflect) Codification of Amendment by the state Office of) Code Reviser to RCW 36.32.120(10), Re-numbering) ORDINANCE NO. it as RCW 36.32.120(11), effective July of 2025, and) Thereby Prompting Amendments to Cowlitz County) Code Sections 12.55.070, 15.50.120, 15.50.130, ) 16.20.100, and 16.22.110, and updating Section)

2.06.120 to Incorporate said Statutory Amendment.)

WHEREAS, the Cowlitz County Code (“CCC” or “Code”) incorporates references to various state statutes, maintained and codified by the Washington State Office of Code Reviser; and

WHEREAS, various sections of Code incorporate or reference RCW 36.32.120(10) for purposed of abatement of public nuisance; and

WHEREAS, the Office of Code Reviser in updating the Revised Code of Washington (RCW) has renumbered subsection (10) of RCW 36.32.120 to read subsection (11) as of July 27, 2025; and

WHEREAS, the Board of Commissioners recognizes the need to repeal, amend, and revise statutory and regulatory references within its Code to conform to current numbering and citations, and all without amending the substantive content and standards, and authorizations of those Code sections enacted under RCW 36.32.120 and related authority;

NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County Commissioners, to provide for conformance in citation and reference to current state laws within Code, that:

Section 1. Cowlitz County Code (CCC) 12.55.070 and Ord. No. 16-106 §1 – Cost of abatement, is hereby amended and revised, to replace the wording “ the provisions of RCW 36.32.120 (10) ” with “ the provisions of RCW 36.32.120 (11) ”.

IT IS HEREBY FURTHER ORDAINED that:

Section 2. CCC 15.50.120, Ord. 09-137 § 1- Violations, is hereby amended and revised, to replace the wording “ as provided in RCW 36.32.120 (10) ” with “ as provided in RCW 36.32.120 (11) ”.

IT IS HEREBY FURTHER ORDAINED that:

Section 3. CCC 15.50.130, Ord. 09-137 § 1 – Cost of abatement, is hereby amended and revised, to replace the wording “ the provisions of RCW 36.32.120 (10) ” with “ the provisions of RCW 36.32.120 (11) ”.

In the Matter of Amending Cowlitz County Codes from the Renumbering of State

IT IS HEREBY FURTHER ORDAINED that:

Section 4. CCC 16.20.110, Ord. 22-063 § 2 & Ord. 17-062 § 1 — Enforcement is hereby amended and revised, to replace the wording “ in RCW 36.32.120 (10) ” with “ in RCW 36.32.120 (11) ”.

IT IS HEREBY FURTHER ORDAINED that:

Section 5. CCC 16.22.110, Ord. 13-007 § 1—Enforcement is hereby amended and revised, to replace the wording “ in RCW 36.32.120 (10) ” with “ in RCW 36.32.120 (11) ”.

AND, IT IS HEREBY FURTHER ORDAINED that:

Section 6. CCC 2.06.120, Ord. 01-022 §1—Abatement, is hereby repealed, amended and revised, as set forth below:

2.06.120 Abatement.

Whenever the county deems it necessary, it may take all appropriate measures to abate any violation of a land use ordinance or a public nuisance. The costs of such measures shall be a joint and several obligation of all persons responsible for the violation. The county may recover its abatement costs through an appropriate legal action against any and all such persons pursuant to RCW 36.32.120 (11).

Section 7 . Codification. Only Code repeals and amendments, as set forth in Sections 1 through 6, above, shall be codified.

Section 8. Severability. The provisions of this Ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 9. Repeal, Amendment and Revision. As to the aforementioned Ordinances being repealed, amended and revised as set forth above, all other sections and provisions of these prior ordinances that were neither expressly referenced nor repealed, amended or revised hereunder shall remain in full force and effect. Such amendment, repeal and revision shall not be construed as affecting any existing obligation, right or registration acquired under the ordinance or portions of ordinance amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, tax or order promulgated thereunder, nor the administrative action taken thereunder, except as set forth herein Further, it is not the intention of these actions to reenact any ordinance or portions or sections of any ordinance previously revised, repealed or amended, unless this ordinance herein specifically states such intent to reenact such revised, repealed or amended ordinances.

Section 10. Effective Date. These provisions are in the public interest and shall take effect immediately upon adoption by the Board of County Commissioners.

In the Matter of Amending Cowlitz County Codes from the Renumbering of State

APPROVED THIS ____day of __________, 2025, after a public hearing was held on _____________________, 2025, pursuant to Notice published on the ____day of _____________, 2025 in The Daily News.

Attest:BOARD OF COUNTY COMMISSIONERS

Kelly Grayson, Clerk of the Board

Richard Dahl, Board Chairman

Steven L. Ferrell, Commissioner

AgendaQuick-Approved as to Form, Only: by Jason Laurine Senior Civil Deputy

Steve Rader, Commissioner Cowlitz Prosecuting Attorney’s Office

In the Matter of Amending Cowlitz County

BEFORE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Adopting an Ordinance to Reflect ) Codification of Amendment by the state Office of ) Code Reviser to RCW 36.32.120(10), Re-numbering ) ORDINANCE NO. it as RCW 36.32.120(11), effective July of 2025, and ) Thereby Prompting Amendments to Cowlitz County ) Code Sections 12.55.070, 15.50.120, 15.50.130, ) 16.20.100, and 16.22.110, and updating Section ) 2.06.120 to Incorporate said Statutory Amendment.)

WHEREAS, the Cowlitz County Code (“CCC” or “Code”) incorporates references to various state statutes, maintained and codified by the Washington State Office of Code Reviser; and

WHEREAS, various sections of Code incorporate or reference RCW 36.32.120(10) for purposed of abatement of public nuisance; and

WHEREAS, the Office of Code Reviser in updating the Revised Code of Washington (RCW) has renumbered subsection (10) of RCW 36.32.120 to read subsection (11) as of July 27, 2025; and

NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County Commissioners, to provide for conformance in citation and reference to current state laws within Code, that:

Section 1. Cowlitz County Code (CCC) 12 55 070 and Ord. No. 16-106 §1 – Cost of abatement, is hereby amended and revised, to replace the wording “ the provisions of RCW 36.32.120 (10) ” with “ the provisions of RCW 36.32.120 (11) ”.

IT IS HEREBY FURTHER ORDAINED that:

Section 2. CCC 15.50.120, Ord. 09-137 § 1- Violations, is hereby amended and revised, to replace the wording “ as provided in RCW 36.32.120 (10) ” with “ as provided in RCW 36.32.120 (11) ”.

IT IS HEREBY FURTHER ORDAINED that:

In the Matter of Amending Cowlitz County Codes from the Renumbering of State Law

IT IS HEREBY FURTHER ORDAINED that:

Section 4. CCC 16.20.110, Ord. 22-063 § 2 & Ord. 17-062 § 1 Enforcement is hereby amended and revised, to replace the wording “ in RCW 36.32.120 (10) ” with “ in RCW 36.32.120 (11) ”.

IT IS HEREBY FURTHER ORDAINED that:

Section 5. CCC 16.22.110, Ord. 13-007 § 1 Enforcement is hereby amended and revised, to replace the wording “ in RCW 36.32.120 (10) ” with “ in RCW 36.32.120 (11) ”.

AND, IT IS HEREBY FURTHER ORDAINED that:

Section 6. CCC 2.06.120, Ord. 01-022 §1 Abatement, is hereby repealed, amended and revised, as set forth below:

2.06.120 Abatement.

Section 7 . Codification. Only Code repeals and amendments, as set forth in Sections 1 through 6, above, shall be codified.

Section 9. Repeal, Amendment and Revision As to the aforementioned Ordinances being repealed, amended and revised as set forth above, all other sections and provisions of these prior ordinances that were neither expressly referenced nor repealed, amended or revised hereunder shall remain in full force and effect. Such amendment, repeal and revision shall not be construed as affecting any existing obligation, right or registration acquired under the ordinance or portions of ordinance amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, tax or order promulgated thereunder, nor the administrative action taken thereunder, except as set forth herein Further, it is not the intention of these actions to reenact any ordinance or portions or sections of any ordinance previously revised, repealed or amended, unless this ordinance herein specifically states such intent to reenact such revised, repealed or amended ordinances.

Section 10. Effective Date. These provisions are in the public interest and shall take effect immediately upon adoption by the Board of County Commissioners.

APPROVED THIS ____day of __________, 2025, after a public hearing was held on _____________________, 2025, pursuant to Notice published on the ____day of _____________, 2025 in The Daily News.

Attest: BOARD OF COUNTY COMMISSIONERS

Kelly Grayson, Clerk of the Board

Richard Dahl, Board Chairman

Steven L. Ferrell, Commissioner

AgendaQuick-Approved as to Form, Only: by Jason Laurine Senior Civil Deputy Steve Rader, Commissioner Cowlitz Prosecuting Attorney’s Office

In the Matter of Amending Cowlitz County Codes from the Renumbering of State Law

BOCC Agenda

Meeting Date: 09/23/2025

Personal Services Agreement with Everle Vivian/Helsman for 2025-2026 as Workers Compensation Adminstrator

Submitted For: Kathy Funk-Baxter

Department: Office of Financial Management

Subject and Summary Statement

Submitted By: Kathy Funk-Baxter

Information

Personal Services Agreement to provide worker's compensation administration services for the period of October 1, 2025 to September 30, 2026 in the amount of $36,316.78.

Will Staff Attend - NAME OF STAFF

Shelley Pierce, Risk Manager

Department Recommendation

The department recommends continuation of services with Everle Vivian/Helsman for the next year for workers' compensation administration and to execute the new annual contract.

Attachments

Personal Services contract Everle Vivian/Helsman

Form Review

Form Started By: Kathy Funk-Baxter

Started On: 09/10/2025 02:03 PM

PERSONAL SERVICES AGREEMENT

Contract Number: 2020-0006-01

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

Name: Eberle Vivian

Address: 206 Railroad Ave N Kent, WA 98032

Phone No: 253-854-6323

(hereinafter called "Contractor" or “EV”).

This Agreement is comprised of:

Attachment A – Scope of Work

Attachment B – Compensation

Attachment C – General Conditions

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

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

The term of this Agreement shall commence on the 1st day of October 2025 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 30th day of September 2026 The County reserves the right to extend the contract for up to three additional one-year periods.

IN WITNESS WHEREOF, the parties have executed this Agreement on this 23rd day of September, 2025.

CONTRACTOR:

Print name: Emily Drew

Title: Vice President

Date: September 10 202025

(OptionalforCommissionerApproval) ATTEST:

Kelly Grayson, Clerk of the Board [2014_ver. 3]

COWLITZ COUNTY:

Steve Rader, Commissioner

Steve L. Ferrell, Commissioner

Rick Dahl, Chairman

(BOCCapprovalsubjecttoBoardratificationorauthorization)

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY

SCOPE OF WORK

Cowlitz County hereby engages the Contractor to serve as an independent contractor providing third party Workers’ Compensation administration services to the County on the terms and conditions set forth in this Agreement. The Contractor agrees to complete the services on behalf of Cowlitz County as described below, including the following elements:

1. Claims Administration

a. Review of all claim or loss reports made by Cowlitz County for bodily or mental injury, illness, disease or death incurred by an employee in the course of employment with the County.

b. Process each claim or loss report in accordance with all applicable statutory and administrative requirements.

c. Conduct investigations of each qualified claim or loss to the extent reasonably necessary.

d. Arrange for independent investigators, medical, or other experts, with the approval of the County, to the extent reasonably necessary to process any qualified claim or loss.

e. Arrange timely and appropriate payment for medical and/or death benefits and temporary or permanent time loss or disability compensation as required by law or, in any case, if the County specifically approves or directs such payment.

f. Maintain files for each qualified claim or loss which shall be available for review by the County or regulatory authorities upon request.

g. As requested, provide the County with copies of all medical reports, chart notes, written materials, and correspondence in the possession of the Proposer for each claim.

h. Notify excess insurance carriers of all qualified claims or losses which appear to have the potential of exceeding the County's self-insured retention and, if requested, provide such carriers with necessary information on the current status of such claims or losses.

i. Make recommendations and assist with selection of legal counsel to defend qualified claims or losses, if requested by Cowlitz County.

j. Assist the County's legal counsel, if requested, to prepare the defense of litigated cases, to negotiate settlements and to prepare for subrogation or contribution actions.

k. Monitor the treatment programs recommended for employees by physicians or specialists by reviewing all initial reports prepared by treating physicians and by maintaining such contact with treating physicians, as is appropriate.

l. Assist Cowlitz County, as requested, to interpret medical reports, to consider the circumstances under which an ill or injured employee, who desires to do so, could return to work in the shortest possible period of time.

m. Assist in arranging for rehabilitation or retraining of employees in appropriate cases with the cost of such rehabilitation to be borne by Cowlitz County.

n. Maintain a current estimate of the cost of all anticipated losses on each qualified claim or loss.

o. Provide narrative or analytical reports on major litigated cases, if requested by Cowlitz County.

p. Provide claims forms and other forms appropriate for the efficient operation of the selfinsurance program.

q. Furnish appropriate renewal application forms and file all renewal applications and periodic reports required by state regulatory or administrative agencies to maintain the self-insurance program.

r. Interface with and represent the County with state administrative or regulatory agencies in, including but not limited to, coordinating, reviewing and providing information, evidence, completion of forms and reports, communications, correspondence, conversations, attendance at meetings, and hearings regarding individual and aggregate workers’ compensation claims, the County’s self-insured workers’ compensation program, or other actions.

2. Medical Loss Control

a. Assist the County in connection with selection of physicians recommended for employee treatment especially for long-term or specialty care.

b. Consult with the County regarding independent medical exams.

c. Review medical provider bills for appropriateness of fees charged and facilitate all medical bill discounts and re-pricing.

d. Provide other services on an as-needed and as-requested basis at an agreed upon cost.

3. Employee Counseling

a. As directed by the County, provide information to ill or injured employees regarding the benefits available under the self-insurance program.

b. If requested, consult with employee groups in regard to specific aspects of the self-insurance program.

c. Assist the County in developing policies and procedures to ensure that an employee's return to work or reassignment is not inconsistent with any findings of an appropriate state administrative agency.

4. Settlement Administration

a. County authorization shall be obtained for all settlements.

b. Proposer shall have the capacity to issue checks for and on behalf of the County from a checking account established in the name of the administrator as agent of the County.

c. Administrator shall provide the County a weekly detailed accounting of all workers’ compensation benefits and allocated loss expenses paid from the fund with a detailed check register summary included.

d. Administrator shall be responsible for erroneous payments made from the account by their error. The amount of any such erroneous payments made from the account shall be deducted from administrative fee payments.

e. Administrator shall develop, implement and maintain physical and electronic security systems and procedures to ensure safeguard of funds in the account and the bank checks. Such procedures shall be approved by the County.

5. Program Development

a. Consult with key personnel of the County on the establishment of and coordination of necessary procedures and practices to meet any applicable state requirements and the needs of the County.

b. Participate in the orientation of the County's personnel who are directly or indirectly involved in the processing of workers' compensation claims or losses.

c. Provide information on changes or proposed changes in legislation, rules and regulations affecting the responsibility of the County.

d. Review the development of the self-insurance program periodically with representatives of the County in order to identify problems and recommend corrective action.

6. Reporting

a. A weekly draft Check Register on Tuesday and a final Check Register on Friday detailing all payments to be made for medical and/or death benefits and temporary or permanent time loss or disability compensation for the current week. This report shall include, at a minimum, the check number, claimant name, date, status, payment type, pay to, withdrawal and deposit information.

b. Monthly "Claim and Expense Reports" containing , at a minimum, the following information:

i. Individual qualified claim or loss beginning with the current agreement period forward and each claim loss from prior agreement periods since inception of self-insured program, 1978, the date and condensed description of the incident, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary, the total payments made during the month and to date, and estimated future costs and total expected cost of claim or loss.

ii. All qualified claims or losses beginning with the current agreement period forward and each of several successive prior agreement periods since inception of self-insured program, 1978, the total number of such claims or losses and summary data including, at a minimum, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary payments made during the month and to date and the estimated future costs including total expected cost of such claims or losses.

c. A quarterly "Loss Analysis Report" containing, at a minimum, summary data for each of the County's principal work groups, the total number of claims, total compensation, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary, medical payments made to date during current agreement period, the reserve costs, total expected cost of claims, all categorized by type, nature of incident and part of body involved.

d. An annual "Loss Analysis Report" containing, at a minimum, summary data for each of the County's principal work groups as to the total number of claims, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary, total compensation and medical payments made to date during current agreement period, the reserve costs, total expected cost of claims, all categorized by type, nature of incident and part of body involved.

e. A comprehensive claim status report will be provided to the County in cases where the incurred value of the claim increases by ($10,000) ten thousand dollars and when claim exceeds a total incurred value of ($50,000) fifty thousand dollars.

f. Upon County request, contractor shall provide customized reports of claim information.

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

COMPENSATION

1. a. FIXED FEE FOR SERVICE: For services rendered, the County shall pay to the Contractor a fixed fee of thirty-six thousand three hundred sixteen dollars and seventy-eight cents ($36,316.78) for the completed work set forth in Attachment “A” Payments for completed tasks shall be made no more frequently than monthly; bi-monthly; quarterly; semi-annually; annually; at completion of project; other (specify):

During the contract period, the stated price for the services shall be adjusted annually based on the Consumer Price Index (CPI) as follows:

At the beginning of each contract period (October 1) and at the beginning of each of the two, one-year contract extensions, the prices shall be increased or decreased by an amount equal to the Greater Seattle Area CPI plus two percent of the previous year’s fee.

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

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

Position&Location

HourlyRate

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

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

In no event shall Contractor be compensated in excess of for the completed work set forth in Attachment “A.”

2. AND

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

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

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

GENERAL CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor’s or its Subcontractor’s performance or failure to perform the Agreement.

It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any connection with this Agreement.

14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or

hereafter amended, or other worker’s compensation act, disability benefit act, or other employee benefit act of any jurisdiction otherwise applicable, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

15. Venue and Choice of Law. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington.

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

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

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

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

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

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

20. Disputes.

(a) General Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive

thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

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

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

(c) Detailed Claim. The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due.

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

(a) Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract.

(b) Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney’s fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the “Notice” provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the County’s ability to use goods and services provided under this Contract or (b) the Contractor obligations under this

Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

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

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

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

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

Name: Shelley Pierce

Address: 207 Fourth Ave N, Room 308 Kelso, WA 98626

Phone: 360-577-3065 ext. 6986

E-Mail: pierces@cowlitzwa.gov

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

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

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

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

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

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

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

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

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

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

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

(d) General Conditions (Attachment C).

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

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

34. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party.

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

36. Contract Documents. The Contract Documents for this Agreement, except for modifications issued after execution of this Agreement, form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein. The contract represents the entire and integrated Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. An enumeration of the contract documents is set forth below:

1. Notice of Award; and

2. Addenda; and

3. Agreement; and

4. Conditions of Cowlitz County Request For Proposals No. 2020-0006-01; and

SPECIAL TERMS AND CONDITIONS AND RETIREMENT STATUS FORM

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

With each request for payment. Monthly. Quarterly. Semi-annually. Annually.

Project completion.

Other: as outlined in Attachment A – Scope of Work

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

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

COMPREHENSIVE GENERAL LIABILITY:

Bodily injury, including death and property damage

ERRORS AND OMISSIONS or PROFESSIONAL

LIABILITY with an Extended Reporting Period

Endorsement (two year tail).

$1,000,000 per occurrence

$2,000,000 Aggregate

$1,000,000 per occurrence

$2,000,000 Aggregate

WORKERS COMPENSATION: Statutory amount

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

Bodily injury, liability, including death, and $1,000,000 Combined Single Limit

Property damage liability

All Contractor’s and Contractor’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, selfinsured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor’s and Contractor’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.

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

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

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

The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: Project Manager, Darren Ullmann, Undersheriff, 312 SW 1st Ave, Kelso, WA 98626. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

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

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

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

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

3. Other (specify):

COUNTY RETAINS THIS FORM

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

SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS:

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

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

Will you be receiving direct compensation for your services? YES NO

Will you be receiving indirect compensation for your services? YES NO

CONTRACTOR (Full, individual name of contractor):

Signature: Social Security No. :

Date:

SECTION 2: COUNTY COMPLETES THIS SECTION AND RETAINS FOR AUDIT PURPOSES:

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

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

Enforcement Officers’ & Fire Fighters’ Retirement

State Patrol Retirement System (WSPRS)

Judicial Retirement System (JRS)

(LEOFF)

2. Is the contractor a retiree of a Washington State Retirement System? Yes No 3. Did the contractor retire before age 65 using the 2008 ERF? Yes No

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

COUNTY OFFICIAL/DEPARTMENT REPRESENTATIVE:

Signature: Date:

BOCC Agenda

Meeting Date: 09/23/2025

Affidavit of Posting Resume for the month of August 2025

Submitted For: Pervie Nancy Reed

Submitted By: Pervie Nancy Reed Department: Commissioners Office

Information

Subject and Summary Statement

Affidavit of Posting Resume for the month of August 2025

Will Staff Attend - NAME OF STAFF

Department Recommendation

Affidavit of Posting Resume'

Form Started By: Pervie Nancy Reed

Final Approval Date: 09/11/2025

Attachments

Form Review

Started On: 09/11/2025 09:47 AM

BOCC Agenda

Meeting Date: 09/23/2025

Letter dated 09/15/2025 from Cowlitz County PUD District No.1 regarding their Statutory Budget Hearing.

Submitted For: Pervie Nancy Reed

Submitted By: Pervie Nancy Reed Department: Commissioners Office

Information

Subject and Summary Statement

Letter dated 09/15/2025 from Cowlitz County PUD District No.1 regarding their Statutory Budget Hearing.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Correspondence

Form Started By: Pervie Nancy Reed

Attachments

Form Review

Started On: 09/15/2025 01:12 PM Final Approval Date: 09/15/2025

September 9, 2025

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

Honorable Commissioners.-

At the Statutory Budget Hearing held on September 9, 2025 by the Cowlitz PUD Board of Commissioners, the determination was made that the PUD' s 2026 Budget, as now prepared, discloses that no tax levy will be required for the year 2026.

Sincerely,

Monica Petterson

Executive Assistant/ Clerk of the Board

cc: Cowlitz PUD Board of Commissioners

BOCC Agenda

Meeting Date: 09/23/2025

Letter dated 9/23/25 to Bobbi Day appointing her to the Homeless Housing Task Force.

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Letter dated 9/23/25 to Bobbi Day appointing her to the Homeless Housing Task Force. This is a 2-year term expiring on September 30, 2027.

Will Staff Attend - NAME OF STAFF Department Recommendation

Letter

Form Started By: Kelly Grayson

Final Approval Date: 09/17/2025

Attachments

Form Review

Started On: 09/17/2025 11:10 AM

Board of Cowlitz County Commissioners

September 23, 2025

Ms. Tina Smith

Dear Ms. Smith ,

Richard R. Dahl, Chairman District 3

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Kelly Grayson, Clerk of the Board

The Cowlitz County Board of Commissioners is pleased to appoint you to the Rural PartialCounty Library District Board of Trustees representing Position #3 for a 5-year term, expiring on December 31, 2030

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. If you have any questions, please don't hesitate to contact us at 360-5773020.

Please also return a signed copy of the Code of Ethics and the Completion Certificate for the Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training, either by mail or via email at cowlitz@cowlitzwa.gov. Additionally, as part of your new role, any records created or maintained in relation to your government duties, including through personal email or phone, are subject to the Public Records Act. Should you have any questions regarding this, feel free to contact our Public Records Department at 360-577-3020.

Sincerely,

Board of County Commissioners of Cowlitz County, Washington

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

cc: Commissioner’s Record

Cowlitz County Board of Commissioners (360)577-3020 Fax (360) 423-9987

207 North 4th Avenue

cowlitz@cowlitzwa.gov

Kelso, WA 98626

www.co.cowlitz.wa.us

BOCC Agenda

Meeting Date: 09/23/2025

Letter dated 9/23/25 to Tina Smith appointing her to the Rural Partial-County Library District Board of Trustees

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board Department: Commissioners Office

Information

Subject and Summary Statement

Letter dated 9/23/25 to Tina Smith appointing her to the Rural Partial-County Library District Board of Trustees. This is a 5-year term that expires on December 31, 2030.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Letter

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 09/17/2025 10:55 AM Final Approval Date: 09/17/2025

Board of Cowlitz County Commissioners

September 23, 2025

Ms. Tina Smith

Dear Ms. Smith ,

Richard R. Dahl, Chairman District 3

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Kelly Grayson, Clerk of the Board

The Cowlitz County Board of Commissioners is pleased to appoint you to the Rural PartialCounty Library District Board of Trustees for a 5-year term, expiring on December 31, 2030.

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. If you have any questions, please don't hesitate to contact us at 360-5773020.

Sincerely,

Board of County Commissioners of Cowlitz County, Washington

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

cc: Commissioner’s Record

Cowlitz County Board of Commissioners (360)577-3020 Fax (360) 423-9987

207 North 4th Avenue

cowlitz@cowlitzwa.gov

Kelso, WA 98626

www.co.cowlitz.wa.us

BOCC Agenda

Meeting Date: 09/23/2025

CHANGE ORDER NO. 4 - Erick Creek Fish Passage - Project No. 1617 - Active Construction

Submitted For: Susan Eugenis, Public Works

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

Information

Subject and Summary Statement

Attached are Change Orders No. 1, 2, 3, and 4 with Active Construction for the Erick Creek Fish Passage project. Change Orders 1, 2, and 3 document no cost changes that were approved by the County Engineer.

Change Order No. 4 addresses the costs that occurred due to project delays. It covers additional traffic control costs and costs associated with the stream bypass system. The total change order amount is $45,138.98, which brings the total project cost to $1,959,051.98.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board approve Change Order No. 4 for the Erick Creek Fish Passage project.

Fiscal Impact

Expenditure Required $: 45,138.98

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Roads

Grant Y-N: Y

Attachments

Change Order No. 4 Change Order No. 3 Change Order No. 2 Change Order No. 1

Inbox

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Form Review

Reviewed By Date

Susan Eugenis 09/16/2025 11:32 AM

Susan Eugenis 09/21/2025 02:35 PM

Mike Moss 09/22/2025 08:30 AM

Started On: 09/15/2025 12:34 PM