Regular Public Meeting Agenda 04/11/23

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

April 11 , 202 3 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of April 3-5, 2023

 Consent Agenda of April 11, 2023

 Motion Items

 Timed Items

 Public Comments

ZOOM Link KLTV Link

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917 www.kltv.org

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Agreements/Contracts/Bid Awards

1. Project Review Reimbursable Agreement approval with Washington State Department of Transportation (WSDOT) to install radar signal detection on Lexington Bridge Drive and abandon the traffic detection loops in the pavement. The estimated cost of the agreement is $39,000, with a maximum cost increase of 25% allowed by the agreement.

2. Bid award approval to NW Linings & Geotexile Products for the purchase of 28-100 ft X200 ft. Scrim Reinforced Polyethylene Geomembranes. The total cost is $117,855.24, including tax.

Resolutions

3. Resolution approval rescinding Resolution No. 22-140 dated 12/06/2023 and Reelecting the Chair and Vice-Chair of the Board of Cowlitz County Commissioners for Calendar Year 2023.

Regular Public Meeting

April 11, 2023, 9:00 a.m.

Board Correspondence

4. Letters/Notices

a. Letter dated 4/11/2023 to Gerald Sorrell reappointing him to the Cowlitz County Boundary Review Board. This is a 4-year term that will expire on January 31, 2027.

b. Lower Columbia Fish Recovery Board Virtual Webinar on Salmon Recovery in the Lower Columbia on March 22, 2023.

c. Federal Energy Regulatory Commission (FERC) Notice dated 3/30/2023 regarding Final Construction Report for Penstock Unit No. 2 Trashrack Replacement, Merwin Project.

d. Federal Energy Regulatory Commission (FERC) Notice dated 3/22/2023 regarding Spillway Rehabilitation Final Construction Report, Swift No. 1 Project.

e. Letter dated 4/11/2023 to the Honorable Pete Buttigieg, Secretary, U.S. Department of Transportation regarding support of a grant application submitted by the Port of Kalama to the U.S. Department of Transportation's Port Infrastructure Development Program for the Port of Kalama Rail Expansion Project.

Vouchers

The following vouchers/warrants are approved for payment:

Motion Item

Facilities Maintenance

5. Bid award approval to C&R Homes and Construction for the Health & Human Services Building Roof Replacement. The total cost is $329,855.26 including tax.

Regular Public Meeting

April 11, 2023, 9:00 a.m.

Noxious Weed Control

6. Interagency Agreement Contract K3090 modification approval with the Washington State Department of Agriculture (WSDA) to add $1,500 in additional funds and adds eggleaf spurge, giant hogweed, false brome, and new milk thistle sites, all Class A listed noxious weeds, to the list of targeted species.

7. Interagency Agreement 17-SA-11060300-012 modification number 6 approval with the U.S. Forest Service, Gifford Pinchot National Forest (GP) to provide additional grant funding in the amount of $40,000.00 for Invasive Plant Treatments within Mount St. Helens National Volcanic Monument. The period of performance is extended to January 31, 2027.

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

Timed Items

8. 11:00 a.m. Proposal Opening - Homeless Housing & Assistance.

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-12735 A. 1.

BOCC Agenda

Meeting Date: 04/11/2023

AGREEMENT - Project Review Reimbursable Agreement - Washington State Department of Transportation

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Submitted By: Emilie Cochrane, Public Works

Information

Subject and Summary Statement

Attached is a Project Review Reimbursable Agreement for work to be performed by the Washington State Department of Transportation (WSDOT) for Cowlitz County. Under this agreement, WSDOT will install radar signal detection on Lexington Bridge Drive and abandon the traffic detection loops in the pavement. This will allow the County to complete the grind and overlay of Lexington Bridge Drive. The estimated cost of the agreement is $39,000, with a maximum cost increase of 25% allowed by the agreement.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to authorize the Chair to execute said Maintenance Agreement for submittal to WSDOT.

Attachments

Reimbursable Agreement  Form

D1722

91-6001310

ProjectReview

Reimbursable Agreement

ApplicantorLocalAgency

CowlitzCountyDepartmentofPublicWorks

160013thAvenueS Kelso,WA98626

SouthwestMaurerR@cowlitzwa.gov

RogerMaurer,ProjectEngineer(360)577-3030x6530

$39,000.00*

5/41142.66/4.58CountywideOverlayProject-LexingtonBridgeDrive(Project)

TrafficOffice/TrafficSignalpersonnelwillpurchaseandinstallWavetronixradarsignaldetectionat thefollowinglocationspriortotheCounty'sProject: EastandwestapproachesonLexingtonBridgeDriveattheI-5NBramps/LexingtonBridgeDrive trafficsignal.

EastapproachonLexingtonBridgeDriveattheSR411/LexingtonBridgeDrivetrafficsignal.

*CurrentIndirectCostRate(ICR)is12.67%andisapplicablethroughJune30,2023.

ThisAGREEMENTisenteredintobyandbetweentheWashingtonStateDepartmentofTransportation,hereinafter “WSDOT,”andtheabovenamed“APPLICANTORLOCALAGENCY,”hereinafterthe“ENTITY;”hereinafterreferredto individuallyasthe“Party”andcollectivelyasthe“Parties.”

Recitals

1.TheENTITYhasrequestedWSDOTtoperformtheabovedescribedwork,andWSDOTisauthorizedandwillingto performthework.

2.TheENTITYisresponsibleforthecostsassociatedwiththework.

NOWTHEREFORE,pursuanttotheterms,conditionsandperformancescontainedhereinand/orattachedhereto,andby thisreferencemadeapartofthisAgreement,

ItIsMutuallyAgreedtoAsFollows:

1.GENERAL

1.1TheWSDOTagreestoperformtheabovedescribedworkrequestedbytheENTITY,usingstatelabor, equipmentandmaterials.

1.2Tosecurepaymentofthepotentialcostsincurredinthereviewprocess,WSDOTrequeststhataSurety orMoneyOrderintheamountlistedaboveaccompanytheendorsedoriginalcopyofthisAgreement. theENTITYoranyotherthirdparty.

2.1TheENTITY,inconsiderationofthefaithfulperformanceoftheworkbyWSDOT,agreestoreimburse WSDOTfortheactualdirectandrelatedindirectcostsassociatedwiththework,includingWSDOT’scurrent administrativeindirectcostrate.

2.2TheENTITYagreestomakepaymentfortheworkbyWSDOTwithinthirty(30)calendardaysfromthedate ofastateinvoice.

2.3TheENTITYagreesthatifitfailstomakepaymentwithinthirty(30)calendardaysoftheinvoice,theWSDOT maychargeinterestinaccordancewithRCW43.17.240andmayelecttosendtheoutstandinginvoice(s)to aWSDOTcontractedcollectionagencyresultingintheassessmentofadditionalfeesand/orpenalties.

2.4UponpaymentofallWSDOTinvoicesbyENTITY,WSDOTwillreleaserightsofremainingSuretyAmount.

3.INCREASEINCOST

theestimatedcostofworkbywrittenamendment,signedbybothParties.

4.ASSIGNMENT

4.1ThisAgreement,andanyclaimarisingunderthisAgreement,shallnotbeassignableordelegablebyeither Party,eitherinwholeorinpart.

5.INDEMNIFICATION

agentsfromandagainstallclaims,suitsoractionsarisingfromthenegligentactsoromissionsofENTITY, inviteesand/oragentswhileperformingunderthetermsofthisAgreement.Thisdefenseandindemnity obligationshallnotincludesuchclaims,actions,costs,damages,orexpenseswhichmaybecausedbythe provided,however,thatiftheclaims,suitsoractionsarecausedbyorresultfromtheconcurrentnegligence assigns,contractors,sub-contractors,tenants,sub-tenants,licensees,inviteesand/oragents.ENTITY

thiswaiverwasthesubjectofmutualnegotiations.

6.AMENDMENT

6.1ThisAgreementmaybeamendedbythemutualagreementoftheParties.Suchamendmentsshallnotbe bindingunlesstheyareinwritingandsignedbypersonsauthorizedtobindeachoftheParties.

7.TERMINATION

7.1EitherPartymayterminatethisAgreement,withorwithoutcause,byprovidingwrittennoticetotheother termination.

8.DISPUTES

8.1ThePartiesshallworkcollaborativelytoresolvedisputesandissuesarisingoutof,orrelatedtothis Agreement.Disagreementsshallberesolvedpromptlyandatthelowestlevelofhierarchy.

8.2IntheeventthatadisputearisesunderthisAgreementwhichcannotberesolvedbythepartiesasoutlined inSection8.1,thedisputewillbesettledinthefollowingmanner:EachPartywillappointamembertoa disputeboard.Thememberssoappointedwilljointlyappointathirdmembertothedisputeboardwhois terms,andapplicablestatutesandrulesandmakeadeterminationofthedispute.Thedeterminationofthe willbeequallysharedbetweentheParties.EachPartyshallberesponsibleforitsowncosts,including attorneysfees.

8.3ThePartiesagreethatanylegalactiontoenforceanyrightorobligationunderthisAgreementmayonlybe CountySuperiorCourt. broughtin

Thurston

9.TERMOFAGREEMENT

hascompletedtheabovedescribedworkandtheENTITYhasmadefullpayment,whichevercomeslast,

INWITNESSWHEREOF,thePartiesheretohaveexecutedthisAgreementasofthedatelastsignedbythe PARTIESbelow.

REQUESTINGENTITY

WASHINGTONSTATE DEPARTMENTOFTRANSPORTATION

By: Printed: Title: Date:

By: Printed: Title: Date:

AS-12736

BOCC Agenda

Meeting Date: 04/11/2023

BID AWARD - 28 - 100 ft. x 200 ft. of Scrim Reinforced Polyethylene Geomembranes - NW Linings & Geotextile Products

Submitted For: Shawn Roewe, Public Works

Department: Public Works

Submitted By: Emilie Cochrane, Public Works

Information

Subject and Summary Statement

Bids were received and opened on March 28, 2023, for the purchase of 28 - 100 ft x 200 ft Scrim Reinforced Polyethylene Geomembranes. A copy of the bid tabulation is attached.

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 award the bid for the purchase of 28 - 100 ft x 200 ft Scrim Reinforced Polyethylene Geomembranes, to the lowest responsive bidder, NW Linings & Geotextile Products, for the total cost of $117,855.24, which includes Washington State sales tax. The bid proposal shall serve as the binding contract for the purchase of materials.

Approved:_____________________ BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Chairman

Arne Mortensen, Commissioner

Richard R. Dahl, Commissioner

Attest:______________________ Clerk of the Board

Fiscal Impact

Expenditure Required $: 117,855.24

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Solid Waste

Grant Y-N: N

Bid Tabulation

Inbox

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Attachments

Form Review

Reviewed By

Cowlitz County Department of Public Works

28 - 100 x 200 Feet Scrim Reinforced Polyethylene Geomembrane

Bid Opening Date March 28, 2023

AS-12743

BOCC Agenda

Meeting Date: 04/11/2023

Resolution Rescinding 22-140 and Re-electing Chair and Vice Chair

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent A. 3.

Subject and Summary Statement

Resolution approval rescinding Resolution No. 22-140 dated 12/06/2023 and Re-electing the Chair and Vice Chair of the Board of Cowlitz County Commissioner for Calendar Year 2023.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Resolution

Form Started By: Kelly Dombrowsky

Final Approval Date: 04/07/2023

Form Review

Started On: 04/07/2023 08:59 AM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

IN THE MATTER OF RESCINDING RESOLUTION NO. ) 22-140 DATED 12/06/2022 AND RE-ELECTING THE ) CHAIR AND VICE CHAIR OF THE BOARD OF COUNTY ) COMMISSIONERS OF COWLITZ COUNTY FOR ) CALENDAR YEAR 2023 )

Resolution No:___________________

WHEREAS, the Board of County Commissioners of Cowlitz County, Washington, recognized the need to re-elect the Chair and to continue the position of Vice Chair; and

WHEREAS, the Board of County Commissioners of Cowlitz County, Washington, pursuant to the provisions of RCW 36.32.100 and County policy of the Board shall elect members to preside at its meetings.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Cowlitz County, Washington, that Richard R. Dahl, Commissioner District 3 is hereby elected as the Chair of the Board of County Commissioners of Cowlitz County, Washington pursuant to State statute, to serve until a successor is elected at the first meeting in January 2024; and

BE IT HEREBY FURTHER RESOLVED by the Board of County Commissioners of Cowlitz County, Washington, that Arne Mortensen, Commissioner District 1 shall hold over as the Vice Chair of the Board of County Commissioners of Cowlitz County, Washington pursuant to Board rules, to serve until a successor is elected.

APPROVED BY THE BOARD this day of 2023

Attest:

Kelly Dombrowsky, Clerk of the Board

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

AS-12731

BOCC Agenda

Meeting Date: 04/11/2023

Letter dated 4/4/2023 to Gerald Sorrell reappointment to Boundary Review Board.

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent A. a.

Subject and Summary Statement

Letter dated 4/4/2023 to Gerald Sorrell reappointing him to the Cowlitz County Boundary Review Board. This is a 4-year term that will expire on January 31, 2027.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/30/2023

Form Review

Started On: 03/30/2023 09:30 AM

Board of Commissioners

COMMISSIONERS

Arne Mortensen

District 1

Dennis P. Weber

District 2

Richard R. Dahl

District 3

CLERK OF THE BOARD

Kelly Dombrowsky

April 11, 2023

Gerald Sorrell

181 Wyatt Drive

Kelso, WA 98626

Dear Mr. Sorrell,

TEL

FAX

www.co.cowlitz.wa.us

The Cowlitz County Board of Commissioners, at its regularly scheduled meeting today, April 11, 2023, were pleased to re-appoint you to serve on the Cowlitz County Boundary Review Board. This is a 4-year term that will expire on January 31, 2027.

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

Sincerely,

Board of County Commissioners

Of Cowlitz County, Washington

cc: Commissioner’s Record Building & Planning

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

AS-12734

BOCC Agenda

Meeting Date: 04/11/2023

Salmon Recovery 101 Webinar

Submitted For: Dennis Weber

Department: Commissioners Office

Subject and Summary Statement

Consent A. b.

Submitted By: Kelly Dombrowsky, Clerk of the Board

Information

Lower Columbia Fish Recovery Board Virtual Webinar on Salmon Recovery in the Lower Columbia on March 22, 2023.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Presentation

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/30/2023

Form Review

Started On: 03/30/2023 10:40 AM

LCFRB Salmon Recovery Workshop

March 22, 2023

Teams Meeting Guidelines

• Introduce yourself in the chat – what’s your role in salmon recovery?

• Mute your microphone

• Use the meeting chat if you have questions or comments

• Raise your hand and wait for staff to identify you if you want to speak

• Turn on your camera if you’re comfortable –always nice to see more faces!

Washington’s Recovery Approach

Washington’s Salmon Recovery Act (RCW 77.85)

Regional Recovery Organizations

Habitat Entities

• Project Sponsors

Lead Agencies

Recreation and Conservation Office

• Governors Salmon Recovery Office

• Salmon Recovery Funding Board

1 Regional Organization, 1 Lead Entity, 1 Lead Agency

Lower Columbia Fish Recovery Board and TAC Membership

Board

Clark County Councilor

Cowlitz County Commissioner

Lewis County Commissioner

Skamania County Commissioner

Wahkiakum County Commissioner

Citizen Representative from each County

WA Legislature Representative

Cowlitz Tribe Representative

SW WA Cities Representative

Environmental Representative

Hydro-electric Representative

Property Rights Representative

Technical Advisory Committee

WA Dept of Fish & Wildlife*

WA Dept of Ecology*

WA Dept of Transportation*

WA Dept of Natural Resources*

Lower Columbia Estuary Partnership

Environmental Consultants

Cowlitz Indian Tribe

Yakama Indian Nation

US Fish & Wildlife Service

US Forest Service

Board Staff

Steve ManlowExecutive Director

Denise SmeeProgram Manager

Amelia JohnsonSalmon Science Specialist

Steve WestSalmon Policy Specialist

Lorie ClarkOffice Administrator

Organizational Structure

15-Member LCFR Board

Chair Todd Olson

Vice Chair Scott Brummer

Status Reviews

All-H’s

Example Recovery Partners (82 Total) Tribes

Statewide Strategy

Technical Advisory Committee

Chair David Lindley Staff

Hatchery, Harvest, Habitat

Forest and Fish

WRIA and TMDL plans

Growth Mgmt Act

Hydropower Agreements

Tacoma Power and PacifiCorp

Regional Programs

Recovery Vision

Washington lower Columbia salmon, steelhead, and bull trout are recovered to healthy, harvestable levels that will sustain productive sport, commercial, and tribal fisheries through the restoration and protection of the ecosystems upon which they depend and the implementation of supportive hatchery and fishery practices.

Danny Warren / WDFW

PacifiCorp

Decrease threats to salmon Increase salmon viability

All-H Impacts Today

Partnering with Washington Department of Fish & Wildlife to plan for healthy and harvestable fisheries

Draft Results

Predation/Ecological Interactions

Double-Crested Cormorants: Astoria-Megler Bridge, Columbia River Estuary

5,080 in 2020

Habitat (protection)

• Participate on local county/city committees (Critical Areas, Shorelines, etc.)

• Support statewide habitat protection initiatives (HPA Advisory Committee, Columbia Basin Collaborative, etc.)

• Review and comment on key proposals via SEPA, NEPA and other forums.

• Engage in statewide policy development

Water Resource Inventory Area Plans

Lead Agency for Watershed Management Plans

 Water Supplies

 Water Quality

 Instream Flows

 Surface and Ground

 Fish Habitat Conditions

Water rights rules: Chapters 173527 & 173-528

WA

Administrative Code

Columbia Basin Collaborative

Lead Entity Programs

Credit: Lower Columbia Fish Enhancement Group

Cowlitz Restoration and Recovery Habitat Grant Program

Fish Passage Barriers

Clark County Clean Water Program

Small GrantsStoredahl

Evaluating Habitat Investments with Intensively Monitored Watersheds

~30% anadromous stream habitat treated

Juvenile coho overwinter survival and smolt abundance increasing in treatment watershed

Lower Columbia IMW

Evaluating Habitat Investments with Intensively Monitored Watersheds

• Most fish responses limited to juvenile life stages

• Out-of-basin and non habitat factors can limit fish responses

• Habitat restoration supports broader fish distribution and diversity

• Reconnecting habitat is an effective restoration strategy

• Supportive stakeholder communities are critical to program success

Developing a Focused Investment Strategy for Habitat - FISH

Forest lands primary land use program

Developing lands typically have moderate to low tree cover

Developing a Focused Investment Strategy for Habitat - FISH

Forest lands primary land use program

Developing lands typically have moderate to low tree cover

Some key watersheds have moderate to low riparian and watershed tree cover Draft Results

Expanding Coordination and Habitat Resources

• Expand habitat action resources to support project development from a diverse sponsorship group

• Continue engaging with land managers and other stakeholders on No Net Loss and Net Ecological Gain goals

• Update the regional recovery scenario

Recovery Progress

Credit: Jamie Lamperth, WDFW

Questions?

AS-12738

BOCC Agenda

Meeting Date: 04/11/2023

Consent A. c.

FERC Notice 3/30/2023 Final Construction Report for Penstock Unit No. 2 Trashrack Replacement

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Federal Energy Regulatory Commission (FERC) Notice dated 3/30/2023 regarding Final Construction Report for Penstock Unit No. 2 Trashrack Replacement, Merwin Project.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

FERC Notice

Form Started By: Kelly Dombrowsky

Final Approval Date: 04/05/2023

Form Review

Started On: 04/05/2023 10:37 AM

AS-12739

BOCC Agenda

Meeting Date: 04/11/2023

Consent A. d.

FERC Notice dated 3/22/2023 Spillway Rehabilitation Final Construction Report, Swift No. 1 Project

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Federal Energy Regulatory Commission (FERC) Notice dated 3/22/2023 regarding Spillway Rehabilitation Final Construction Report, Swift No. 1 Project.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

FERC Notice

Form Started By: Kelly Dombrowsky

Final Approval Date: 04/05/2023

Form Review

Started On: 04/05/2023 10:38 AM

AS-12742

BOCC Agenda

Meeting Date: 04/11/2023

Port of Kalama Rail Expansion Project Letter of Support

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent A. e.

Subject and Summary Statement

Letter dated 4/11/2023 to the Honorable Pete Buttigieg, Secretary, U.S. Department of Transportation regarding support of a grant application submitted by the Port of Kalama to the U.S. Department of Transportation's Port Infrastructure Development Program for the Port of Kalama Rail Expansion Project.

Will Staff Attend - NAME OF STAFF Department Recommendation

Attachments

Project Brief

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 04/05/2023

Form Review

Started On: 04/05/2023 04:44 PM

•

Yakovich, MBA Director of Economic Development

p

c 360.270.9411

eyakovich@portofkalama.com

Port Infrastructure Development Program

Rail Expansion Project Grant Application

The Port of Kalama (Port) is seeking approximately $14 million from the U.S. Maritime Administration’s Port Infrastructure Development Program (PIDP) to expand the Port’s rail network to improve rail service to the TEMCO grain export terminal.

This Project will add 17,200 linear feet of rail support tracks to the Port of Kalama rail system to increase TEMCO’s loading efficiency by 25-30 percent in the direct loading of grain from rail to ship. This additional rail capacity will enable continuous ship loading without the need to reposition the inbound rail cars which currently causes a 7-hour delay in the loading process.

This federal investment will leverage the $200 million in private sector investment made by the tenant in 2014 into their export facility. The rail expansion will increase efficiencies of the movement of U.S. exports, improve safety and create family wage jobs in an underserved rural community. The tenant currently maintains 140 family-wage jobs.

TEMCO is a 50-50 joint venture between CHS and Cargill. The company exports feed grains, oilseeds, and wheat to Asia-Pacific markets. The 2014 expansion project at the TEMCO export elevator provided approximately 350 to 380 jobs during the project. The TEMCO upgrade effectively tripled throughput capacity of the grain terminal and provides more consistent and continuous production. These improvements also demonstrate TEMCO’s long-term commitment in Kalama.

These investments are made possible with the Columbia River Federal Navigation Channel Deepening Project, completed in 2005. The $210 million federal investment deepened the channel from 40 feet to 43 feet. The deepening project contributed to the larger goal of creating more export opportunities for the Southwest Washington and Central Oregon markets of goods and services. The deepening project attracts larger vessels bound for or from overseas markets, and increases demand for ports, like the Port of Kalama, with last mile rail connections and facilities capable of efficiently handling unit train operations.

The deepening project encouraged significant investments in capacity expansions at Port’s two grain terminals. Since the deepening, TEMCO and Kalama Export Company completed projects that increase combined annual capacity from approximately 9 million metric tons in 2012 to over 15 million metric tons in 2021. The marine demand has continued to increase at the Port since the federal investment in channel deepening and private investments at the two grain terminals It is anticipated that with the completion of this rail expansion project, export volumes will continue to grow at this rapid pace.

COMMISSIONERS

Board of Commissioners

County Administration Building

207 Fourth Avenue North

Kelso, WA 98626

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

April 11, 2023

The Honorable Pete Buttigieg

Secretary

U.S. Department of Transportation

1200 New Jersey Avenue S.E. Washington, DC 20590

Dear Secretary Buttigieg,

I am writing in support of a grant application submitted by the Port of Kalama to the U.S. Department of Transportation’s Port Infrastructure Development Program for the Port of Kalama Rail Expansion Project

The Port of Kalama is requesting the grant to construct 19,500 linear feet of rail support tracks to expand rail capacity and increase efficiency, safety and throughput at the TEMCO grain export terminal. The new rail will increase efficiency at this important export facility by over 25%. TEMCO is a joint venture of CHS and Cargill.

This Federal investment will leverage the $200 million private sector investment in the facility made by the tenant in 2014. In 2022, the Port of Kalama was the number one exporter of soybeans on the West Coast and number fifteen volume exporter in the Country. The TEMCO grain export terminal is key to this success.

I encourage you to give careful and thorough consideration to the Port of Kalama’s Port Infrastructure Development grant application and am pleased to lend our support to this project.

Sincerely,

The Board of County Commissioners Cowlitz County, Washington

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

Cc: Port of Kalama

Arne Mortensen District 1

Dennis P. Weber District 2

Richard R. Dahl District 3

CLERK OF THE BOARD Kelly Dombrowsky

AS-12733

BOCC Agenda

Meeting Date: 04/11/2023

Bid Award – Health & Human Services Roof Replacement Project #2023-0001-01

Submitted For: Will Tastad

Department: Facilities Maintenance

Subject and Summary Statement

Motion Items 5.

Submitted By: Ashley Claussen

Information

Bids for the replacement of the roof at the Cowlitz County Health and Human Services Building were opened publicly on March 14, 2023. Final results can be found on the attached bid tabulation form.

Will Staff Attend - NAME OF STAFF

Yes - Will Tastad

Department Recommendation

The Facilities Maintenance department recommends that the Board move to award the agreement for the Health and Human Services Building Roof Replacement to the lowest responsive bidder, C&R Homes and Construction, at a total cost of $329,855.26 including tax.

Approved:_____________________

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Chairman

Arne Mortensen, Commissioner

Richard R. Dahl, Commissioner

Attest:______________________

Clerk of the Board

Fiscal Impact

Expenditure Required $: 329855.26

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : CIP

Grant Y-N: N

Attachments

Bid Tabulation

Form Review

Bids Due March 14, 2023

AS-12718

BOCC Agenda

Meeting Date: 04/11/2023

WSDA Class A Grant Contract K3090 3rd Modification

Submitted For: Jennifer Mendoza

Department: Noxious Weed Control

Submitted By: Beth Tanner

Information

Motion Items 6.

Subject and Summary Statement

Attached is the third modification of contract K3090, an interagency agreement between Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board (Weed Board) and the Washington State Department of Agriculture (WSDA). This grant provides grant funding for survey and control of Class A noxious weeds slenderflower thistle, milk thistle, and false brome within Cowlitz County. This modification adds $1,500 in additional funds and adds eggleaf spurge, giant hogweed, false brome, and new milk thistle sites, all Class A listed noxious weeds, to the list of targeted species.

Will Staff Attend - NAME OF STAFF

Yes - Jennifer Mendoza

Department Recommendation

The Cowlitz County Noxious Weed Control Board recommends the Board of County Commissioners move to enter into the third modification of Washington State Department of Agriculture Contract No. K3090 to survey for and treat Class A noxious weeds within Cowlitz County.

Fiscal Impact

Expenditure Required $: 0

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : 224100

Grant Y-N: Y

Attachments

K3090 Mod 3

Original K3090 Contract

K3090 Mod 1

K3090 Mod 2

Inbox

Traci Jackson

Form Review

Form Started By: Beth Tanner Started On: 03/27/2023 03:38 PM

INTERAGENCY AGREEMENT

Amendment NO. 3

CONTRACT NO. K3090

BETWEEN

WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND COWLITZ COUNTY AND ITS AGENT COWLITZ COUNTY NOXIOUS WEED CONTROL BOARD

Contract No. K3090, including any subsequent modification thereto, between the Washington State Department of Agriculture and Cowlitz County and its agent Cowlitz County Noxious Weed Control Board, is hereby amended under the provisions of the Agreement Alterations and Amendments clause and by the mutual consent of all parties hereto, as follows:

• To add $1,500.00 to the total amount of K3090. This increase is being provided to add eggleaf spurge (Euphorbia oblongata), giant hogweed (Heracleum mantegazzianum), false brome (Brachypodium sylvaticum), and new milk thistle (Silybum marianum) sites, all Class A listed noxious weeds, to the list of targeted species. These funds are budgeted as follows:

o Salaries and benefits ….….$1,150.00

o Supplies and equipment ………..$175.00

o Travel………………………………$100.00

o Contracted services………………$0.00

o Indirect (not to exceed 5%) $75.00

o TOTAL: ………….………………..$1,500.00

• These funds must be expended by June 30, 2023.

• A final report for the use of these funds is due by July 17, 2023.

• Contract K3090 will not exceed $9,737.54

ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT.

IN WITNESS WHEROF, the parties have executed this Amendment.

WA State Department of Agriculture OF COWLITZ COUNTY, WASHINGTON

BOARD OF COUNTY COMMISSIONERS

Dennis P. Weber, Chairman

Arne Mortensen, Commissioner

Richard Dahl, Commissioner

Attest: _____________________________ _

Kelly Dombrowsky, Clerk of the Board

Pest

R.

AS-12720

BOCC Agenda

Meeting Date: 04/11/2023

Modification 6 of Grant 17-SA for Mt St Helens

Submitted For: Jennifer Mendoza

Department: Noxious Weed Control

Submitted By: Beth Tanner

Information

Motion Items 7.

Subject and Summary Statement

Attached is modification number 6 to the Interagency Agreement 17-SA-11060300-012 between Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board (Weed Board) and the U.S. Forest Service, Gifford Pinchot National Forest (GP). This modification provides additional grant funding in the amount of $40,000.00 for Invasive Plant Treatments within Mount St. Helens National Volcanic Monument. This project will continue to improve watershed and forest health on the Gifford Pinchot National Forest and adjacent lands through treatment of invasive plants. Containing, controlling, and eradicating invasives on MSHNVM will restore native plants on the landscape. It is a continuation of the program and will also help stop the spread of noxious weed species, reduce existing populations, and prevent the introduction of additional exotic plants throughout Cowlitz County. The period of performance is extended to January 31, 2027.

Will Staff Attend - NAME OF STAFF

Yes - Jennifer Mendoza

Department Recommendation

The Cowlitz County Noxious Weed Control Board recommends the Board of County Commissioners move to enter into the 6th modification of U.S. Forest Service Agreement No. 17-SA-11060300-012 to treat noxious weeds within the Mount St. Helens National Volcanic Monument, Gifford Pinchot National Forest, Cowlitz County, and across jurisdictional boundaries.

Fiscal Impact

Expenditure Required $: 7216.32

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : 224100

Grant Y-N: Y

Attachments

Mod 6 of 17-SA

17-SA Original Contract  Mod 1 of 17-SA  Mod 2 of 17-SA

Mod 3 of 17-SA

Mod 4 of 17-SA

Mod 5 of 17-SA

Form Review

MODIFICATION OF GRANT OR AGREEMENT

1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 17-SA-11060300-012

Invasive Plant Treatments within Mount Saint Helens National Volcanic Monument

2. RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY:

4 NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): Gifford Pinchot National Forest 987 McClellan Road

Vancouver, WA 98661

6.NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county): Cowlitz County Adm Annex 207 N 4TH AVE

Kelso, WA 98626

CHECK ALL THAT APPLY:

3. MODIFICATION NUMBER: 006

5 NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4): Cowlitz Valley Ranger District 10024 US Hwy 12 Randle, WA 98377

8. PURPOSE OF MODIFICATION

This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above.

CHANGE IN PERFORMANCE PERIOD: Extend agreement expiration date from December 31, 2023 to January 31, 2027 for continuation of work.

CHANGE IN FUNDING: Add additional $40,000.00. All previously obligated and remaining funds are available for use.

ADMINISTRATIVE CHANGES:

OTHER (Specify type of modification):

Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect.

9.ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed):

Technical proposal, scope of work, and maps remain in effect and unchanged.

10.ATTACHED DOCUMENTATION (Check all that apply):

Revised Scope of Work

Revised Financial Plan

Other: MOD 006 Financial Plan (Appendix D)

11.SIGNATURES

AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE-REFERENCED GRANT/AGREEMENT

KOVARIK

11.G. TITLE (type or print): Chairman, Cowlitz County Board of Commissioners 11.H. TITLE (type or print): Forest Supervisor

7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS payment use only):

12.G&A REVIEW

12.A. The authority and format of this modification have been reviewed and approved for signature by:

JESSICA CLARK (17-SA-11060300-012 Mod 006)

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.

U.S Forest Service Grants Management Specialist

USFS Agreement No.: Mod. No.: 006 Cooperator Agreement No.:

Agreements Financial Plan (Short Form)

Financial Plan Matrix: Note: All columns may not be used. Use depends on source and type of contribution(s).

17-SA-11060300-012 FOREST

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

Subtotal Direct Costs

TOTAL COST $14,355.16

WORKSHEET FOR

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

Standard Calculation Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation

miscellaneous supplies and PPE: such as gloves, respirators, masks, sanitizer, etc.

Non-Standard Calculation

$36,363.64 Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $36,363.64

WORKSHEET FOR

Subtotal Direct Costs

$12,216.32

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

Salaries/Labor Travel Equipment Supplies/Materials

WORKSHEET FOR Printing

$1,631.90 Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation

FS Agreement No. 17-SA-11060300-012

Cooperator Agreement No.

STEWARDSHIP AGREEMENT

Between Cowlitz County

Cowlitz County Noxious Weed Control Board And the U.S. FOREST SERVICE, Gifford Pinchot National Forest

This Stewardship Agreement is hereby made and entered into by and between Cowlitz County, Cowlitz County Weed Control Board , hereinafter referred to as “Partner,” and the U.S. Forest Service, Gifford Pinchot National Forest (GP), hereinafter referred to as the Forest Service, under the authority and provisions of the Agricultural Act of 2014, Pub. L. 113-79, sec. 8205, and the Wyden authority: Pub. L. 105-277, Section 323 as amended by Pub. L. 109-54, Section 434, and permanently authorized by Pub. L. 111-11, Section 3001.

Background: In 2003 Congress authorized the Forest Service and the Bureau of Land Management to enter into stewardship contracts and agreements “to achieve land management goals for the national forests that meet local and rural community needs.” The primary focus of this legislation is to achieve land management goals through stewardship projects awarded under contracts or agreements. Unique to the legislation is the ability to exchange goods for services that meet the land management objectives.

The area addressed in this Stewardship Agreement is known as the Invasive Plant Treatments within Mount St. Helens National Volcanic Monument (MSHNVM) and lies within the borders of the State of Washington. This project will improve watershed and forest health on the Gifford Pinchot National Forest and adjacent lands through treatment of invasive plants. Containing, controlling and eradicating invasives on MSHNVM will restore native plants on the landscape. This area includes an un-estimated number of acres to be treated during the term of this Stewardship Agreement.

Title: Invasive Plant Treatments within Mount St. Helens National Volcanic Monument

I. PURPOSE:

The purpose of this Stewardship Agreement is to document the cooperative effort between the parties for landscape restoration activities within the Gifford Pinchot National Forest in accordance with the following provisions and the hereby incorporated Appendices.

Appendix A

Appendix B

Appendix C

Appendix D

Definitions

Technical Proposal

Map of Stewardship Project Area

Financial Plan

II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

The Forest Service is a land management agency dedicated to the wise use and management of National Forest System (NFS) lands, including the responsibility for maintaining and improving resource conditions.

The Forest Service’s mission statement is to sustain the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs of present and future generations.

The Cowlitz County mission is to work within the MSHNVM on the Gifford Pinchot National Forest and surrounding areas to treat invasives found within the MSHNVM and promote projects that create quality local jobs, recreational opportunities and benefit watershed health.

The Cowlitz County Noxious Weed Control Board is available to help landowners and land managers with information, services, and resources to deal with invasive, non-native plant species. Their program is responsible for identifying noxious weeds that are impacting our county resources: agricultural products, forestry products, native habitats, fisheries and recreation. Noxious weeds affect property values and cost all of us a lot of time and money.

Potential restoration activities include habitat enhancement through invasive plant control, containment and eradication that will benefit aquatic and terrestrial conditions on MSHNVM.

Mission accomplishment for both parties will be furthered by the restoration of natural resources across the landscape.

All projects conceived under this Stewardship Agreement will undergo a collaborative process to determine specific habitat improvements. The collaborative process will ensure that the benefits of undertaking restoration activities are mutually beneficial to Partner and the Forest Service as well as being beneficial to a wide diversity of interests involved in collaboration.

Both parties share an interest in improving the ecosystem condition and function of the landscape. A healthy landscape provides a variety of benefits beyond the needs of a single species, and therefore benefits both parties.

It is therefore mutually beneficial for the parties to work together to implement these landscape restoration and enhancement projects.

In consideration of the above premises, the parties agree as follows:

III. THE PARTNER SHALL:

A. LEGAL AUTHORITY. Partner shall have the legal authority to enter into this Stewardship Agreement, and the institutional, managerial, and financial capability to

ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the nonFederal share of project costs, when applicable.

B. TECHNICAL PROPOSAL. In coordination with the Forest Service, prepare and submit for review a Technical Proposal, which will be attached as Appendix B when finalized. This Technical Proposal must address agreed upon land management activities within in the Stewardship Project Area displayed in Appendix C, for the proposed operating period. The Technical Proposal must abide by all laws and regulations pertaining to the management and protection of National Forest System (NFS) lands and adhere to the National Environmental Policy Act (NEPA) document and all mitigation identified therein. The Technical Proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Forest Service. Therefore, the Technical Proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of the techniques, procedures, and program for achieving the objectives of the specifications/statement of work. Technical Proposals will be evaluated on the basis of the following criteria. As a minimum, the Technical Proposal must clearly provide the following:

1.A plan of operations for both stewardship project work. Include a timeline and the rationale for the work activities identified to ensure activities will be completed by the expiration date of the agreement.

2.Quality control plan for both stewardship projects.

The approved Technical Proposal will become part of this agreement without necessity of a formal modification.

C. Attend preseason and post season meeting.

D. Treat designated, as agreed with GP personnel, per Site Specific Invasive EIS.

E. Document survey and treatment information in IS mobile and work with Forest Service personnel to input information into FACTS and NRIS TESP databases.

F. Monitors previous year treatments for efficacy and provide information to Forest Service personnel for database input.

G. Draft Rocky Mountain Elk Foundation (RMEF) or forest report upon completion of a project. (Focused reporting is required for RMEF, CCS and ISSSSP funding sources.)

H. BILLING. Bill the Forest Service for costs incurred on the project. See related Provision IV-F. Payment/Reimbursement

I. Support restoration project implementation through collaboration. (see Technical Proposal, Appendix B).

IV. THE FOREST SERVICE SHALL:

A. Have the Regional Forester or authorized designee approve all stewardship project proposals.

B. Inform Partner of any changes in stewardship policy, law and regulations.

C. Recognize Partner's contribution, in a manner acceptable to both parties, in news releases, interpretive signs, photographs, or other media as appropriate.

D. SERVICE WORK. Review the Technical Proposal and work with Partner to make any necessary changes. See related Provision III-B.

E. Coordinate and hold pre and post season meetings.

F. Provide maps and treatment table for projects.

G. Update conditions for treatment areas – provide information to the county.

H. Track accomplishments and allocate appropriate funds to invoices.

I. Complete appropriate reports for RMEF, stewardship, KV and other funds.

J. Document in WIT database integrated accomplishments.

K. TECHNICAL PROPOSAL EVALUATION. Evaluate the Technical Proposal on technical and cost evaluation criteria, such as, but not limited to:

1.Weed Treatment.

2.Monitoring of Treated Sites.

L. PAYMENT/REIMBURSEMENT The Forest Service shall reimburse Partner for the Forest Service's share of actual expenses incurred, not to exceed $42,650.00, as shown in the Financial Plan. In order to approve a Request for Reimbursement, the Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement. The Forest Service shall make payment upon receipt of the Partner’s (quarterly) invoice. Each invoice from Partner shall display the total project costs for the billing period, separated by Forest Service and Partner share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display the Partner’s full match towards the project, as shown in the financial plan, and be submitted no later than 90 days from the expiration date.

Each invoice must include, at a minimum:

1. Partner name, address, and telephone number.

2. Forest Service agreement number.

3. Invoice date.

4. Performance dates of the work completed (start & end).

5. Total invoice amount for the billing period, separated by Forest Service and Partner share with in-kind contributions displayed as a separate line item.

6. Display all costs, both cumulative and for the billing period, by separate cost element as shown on the financial plan.

7. Cumulative amount of Forest Service payments to date.

8. Statement that the invoice is a request for payment by “reimbursement.”

9. If using SF-270, a signature is required.

10. Invoice Number, if applicable.

The invoice shall be forwarded to:

EMAIL: asc_ga@fs.fed.us

FAX: 877-687-4894

POSTAL: USDA Forest Service

Albuquerque Service Center

Payments – Grants & Agreements

101B Sun Ave NE

Albuquerque, NM 87109

Send a copy to: Carol Chandler at cachandler@fs.fed.us

M. OVERPAYMENT. Any funds paid to Partner in excess of the amount entitled under the terms and conditions of this agreement constitute a debt to the Federal Government. The following must also be considered as a debt or debts owed by the Partner to the Forest Service:

1. Any interest or other investment income earned on advances of agreement funds; or

2. Any royalties or other special classes of program income which, under the provisions of the agreement are required to be returned.

If this debt is not paid according to the terms of the bill for collection issued for the overpayment, the Forest Service may reduce the debt by:

1. Making an administrative offset against other requests for reimbursement.

2. Withholding advance payments otherwise due to the Partner.

3. Taking other action permissed by statute (31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B).

Except as otherwise provided by law, the Forest Service may charge interest on an overdue debt.

V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT:

A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this Stewardship Agreement.

Principal Partner Contacts:

Name: Angelica Velazquez

Address: 207 N. 4th Avenue

City, State, Zip: Kelso, WA 98626

Telephone: (360)577-3117

FAX: (360)442-7081

Email: Velazqueza@co.cowlitz.wa.us

Coordinator

Principal U.S. Forest Service Contacts:

Name: Carol Chandler

Address: 987 McClellan Rd (physical)

501 E 5th St. Bldg 404 (mail)

City, State, Zip: Vancouver, WA 98661

Telephone: 360-891-5106

FAX: 360-891-5045

Email: cachandler@fs.fed.us

Name: Jessica Clark,

Address: 987 McClellan Rd (physical)

501 E 5th St. Bldg 404 (mail)

City, State, Zip: Vancouver, WA 98661

Telephone: 360-891-5168

FAX: 360-891-5081

Email: jessicaaclark@fs.fed.us

Forest Invasive Program Manager Grants Management Specialist

B. ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE ENTITIES. This agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No. 112-74, Division E, Section 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by entering into this agreement Partner acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the agreement, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment is not necessary to protect the interests of the Government. If Partner fails to

comply with these provisions, the U.S. Forest Service will annul this agreement and may recover any funds Partner has expended in violation of sections 433 and 434.

C. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). Partner shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov.

D. AVAILABILITY FOR CONSULTATION. Both parties will make themselves available at mutually agreeable times, for continuing consultation to discuss the conditions covered by this Stewardship Agreement and agree to actions essential to fulfill its purposes.

E. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS). The parties will comply with the Forest Service’s environmental management system (EMS) which is a systematic approach to improving environmental performance by identifying activities and environmental impacts that occur on National Forest System (NFS) lands. The Forest Service will provide Partner with details for compliance.

F. NEPA COMPLIANCE. The Forest Service will assure that this Stewardship Agreement incorporates necessary design criteria and standards for operation to comply with the NEPA document. Partner will work with the Forest Service to comply with these terms on the ground.

G. TECHNICAL AND COST EVALUATION. Best approach determination is the evaluation method used by the Forest Service to approve stewardship agreement technical proposals. Such consideration shall primarily consider criteria other than cost. These non-price criteria include, but are not limited to:

1. The extent of mutual interest and benefit.

2. The advantages and effectiveness of mutual participation.

3. Joint expertise.

4. Past performance.

5. Technical approach

6. Factors relevant to cost such as volunteer participation, contribution from other parties, cost sharing, etc.

7. Ability to utilize, educate and/or train a local workforce.

8. Benefits to the local community

9. Ability to complete work in a timely manner.

10. Experience in performing similar work.

11. Ability to conduct work in an environmentally sound manner.

H. NOTICES. Any communications affecting the operations covered by this agreement given by the Forest Service or Partner is sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows:

To the Forest Service Program Manager, at the address specified in this Stewardship Agreement.

To Partner, at Partner’s address shown in this Stewardship Agreement or such other address designated within this Stewardship Agreement.

Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later.

I. PARTICIPATION IN SIMILAR ACTIVITIES. This Stewardship Agreement in no way restricts the Forest Service or Partner from participating in similar activities with other public or private agencies, organizations, and individuals.

J. ENDORSEMENT. Any of Partner’s contributions made under this Stewardship Agreement do not by direct reference or implication convey Forest Service endorsement of Partner's products or activities.

K. NON-FEDERAL STATUS FOR PARTNER PARTICIPANT LIABILITY. Partner agree(s) that any of Partner’s employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), and Partner hereby willingly agree(s) to assume these responsibilities.

Further, Partner shall provide any necessary training to Partner’s employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. Partner shall also supervise and direct the work of its employees, volunteers, and participants performing under this Stewardship Agreement.

L. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this Stewardship Agreement, or benefits that may arise therefrom, either directly or indirectly.

M. DRUG-FREE WORKPLACE.

1.Partner agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives Federal funding. The statement must

a.Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace;

b.Specify the actions Partner will take against employees for violating that prohibition; and

c.Let each employee know that, as a condition of employment under any award, the employee:

(1)Shall abide by the terms of the statement, and

(2)Shall notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace, and must do so no more than five calendar days after the conviction.

2. Partner agree(s) that it will establish an ongoing drug-free awareness program to inform employees about

a.The dangers of drug abuse in the workplace;

b.The established policy of maintaining a drug-free workplace;

c.Any available drug counseling, rehabilitation and employee assistance programs; and

d.The penalties that you may impose upon them for drug abuse violations occurring in the workplace.

3.Without the Program Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this Stewardship Agreement, or the completion date of this Stewardship Agreement, whichever occurs first.

4.Partner agree(s) to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the number of each project which the employee worked. The notification must be sent to the Program Manager within ten calendar days after Partner learn(s) of the conviction.

5.Within 30 calendar days of learning about an employee’s conviction, Partner shall either:

a.Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or

b.Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency.

N. NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, and so forth.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

P. ELIGIBLE WORKERS. Partner shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Partner shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental agreement awarded under this Stewardship Agreement.

Q. STANDARDS FOR FINANCIAL MANAGEMENT.

1.Financial Reporting

Partner shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions.

2.Accounting Records

Partner shall continuously maintain and update records identifying the source and use of funds. The records shall contain information pertaining to the agreement, authorizations, obligations, unobligated balances, assets, outlays, and income.

3.Internal Control

Partner shall maintain effective control over and accountability for all Forest Service funds. Partner shall keep effective internal controls to ensure that all United States Federal funds received are separately and properly allocated to the activities described in the agreement and used solely for authorized purposes.

4.Source Documentation

Partner shall support all accounting records with source documentation. These documentations include, but are not limited to, cancelled checks, paid bills, payrolls, contract documents. These documents must be made available to the Forest Service upon request.

R AGREEMENT CLOSEOUT. Within 90 days after expiration or notice of termination the parties shall close out the award/agreement.

Any unobligated balance of cash advanced to the Recipient/Partner must be immediately refunded to the Forest Service, including any interest earned in accordance with 7CFR3016.21/2CFR 215.22.

Within a maximum of 90 days following the date of expiration or termination of this grant, all financial performance and related reports required by the terms of the agreement must be submitted to the Forest Service by the Recipient/Partner

If this agreement is closed out without audit, the Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later.

S. USE OF FOREST SERVICE INSIGNIA. In order for Partner to use the Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted by the Forest Service’s Office of Communications (Washington Office). A written request will be submitted by Forest Service.

T. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS.

The parties to this agreement shall monitor the performance of activities under this Stewardship Agreement to ensure that performance goals are being achieved.

Performance reports must contain information on the following:

-A comparison of actual accomplishments to the goals established for the period. Where the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable.

-Reason(s) for delay if established goals were not met.

-Additional pertinent information.

Partner shall submit annual performance reports to the Forest Service Program Manager. These reports are due 90 days after the reporting period. The final performance report shall be submitted either with Partner’s final payment request, or separately, but not later than 90 days from the expiration date of this Stewardship Agreement.

U. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. Partner shall retain all records pertinent to this Stewardship Agreement for a period of no less than three years from the expiration or termination date. As used in this provision, records include books, documents, accounting procedures and practice, and other data, regardless of the type or format. Partner shall provide access and the right to examine all records related to this Stewardship Agreement to the Forest Service Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as records are kept.

If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later.

Records for nonexpendable property acquired in whole or in part, with Federal funds shall be retained for 3 years after its final disposition.

V. FREEDOM OF INFORMATION ACT (FOIA). Public access to Stewardship Agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to "Freedom of Information" regulations (5 U.S.C. 552).

Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill).

W. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government.

X. FOREST SERVICE ACKNOWLEDGED IN PUBLICATION AND AUDIOVISUALS. Partner shall acknowledge Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this Stewardship Agreement.

Y. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. Partner shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding.

"In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of

race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)

To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call toll free voice (866) 632-9992, TDD (800)877-8339, or voice relay (866) 377-8642. USDA is an equal opportunity provider and employer.”

If the material is too small to permit the full statement to be included, the material shall, at minimum, include the following statement, in print size no smaller than the text:

"This institution is an equal opportunity provider."

Z. REMEDIES FOR COMPLIANCE RELATED ISSUES. If Partner materially fail(s) to comply with any term of the Stewardship Agreement, whether stated in a Federal statute or regulation, an assurance, the Stewardship Agreement, the Forest Service may take one or more of the following actions:

1.Temporarily withhold cash payments pending correction of the deficiency by Partner or more severe enforcement action by the Forest Service;

2.Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance;

3.Wholly or partly suspend or terminate the current Stewardship Agreement for Partner’s program;

4.Withhold further awards for the program, or

5.Take other remedies that may be legally available, including debarment procedures under 2 CFR part 417.

AA. TERMINATION BY MUTUAL AGREEMENT. This Stewardship Agreement may be terminated, in whole or part, as follows:

-When the Forest Service and Partner agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated.

-By 30 days written notification by Partner to the Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the Forest Service decides that the remaining portion of the Stewardship Agreement must not accomplish the purpose for which the Stewardship Agreement was made, the Forest Service may terminate the award upon 30 days written notice in its entirety.

Upon termination of an Stewardship Agreement, Partner shall not incur any new

obligations for the terminated portion of the Stewardship Agreement after the effective date, and shall cancel as many outstanding obligations as possible. The Forest Service shall allow full credit to Partner for the Forest Service share of obligations that cannot be canceled and were properly incurred by Partner up to the effective date of the termination. Excess funds shall be refunded within 60 days after the effective date of termination.

BB. ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding.

CC. DEBARMENT AND SUSPENSION. Partner shall immediately inform the Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal government according to the terms of 2 CFR Part 180. Additionally, should Partner or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary.

DD. COPYRIGHTING. Partner is/are granted sole and exclusive right to copyright any publications developed as a result of this Stewardship Agreement. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this Stewardship Agreement.

No original text or graphics produced and submitted by the Forest Service must be copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for Federal government purposes. This right must be transferred to any subcontracts.

This provision includes:

 The copyright in any work developed by Partner under this Stewardship Agreement.

 Any right of copyright to which Partner purchase(s) ownership with any Federal contributions.

EE. PUBLICATION SALE. Partner may sell any publication developed as a result of this Stewardship Agreement. The publication may be sold at fair market value, which is initially defined in this Stewardship Agreement to cover the costs of development, production, marketing, and distribution. After the costs of development and production have been recovered, fair market value is defined in this Stewardship Agreement to cover the costs of marketing, printing, and distribution only. Fair market value must exclude any in-kind or Federal government contributions from the total costs of the project.

FF. MODIFICATION. Modifications within the scope of this Stewardship Agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made in writing, at least 30 days prior to implementation of the requested change. The Forest Service is not obligated to fund any changes not properly approved in advance.

GG. COMMENCEMENT/EXPIRATION DATE. This Stewardship Agreement is executed as of the date of the last signature and is effective through December 31, 2019 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement.

HH. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this Stewardship Agreement.

In witness whereof, the parties have executed this Stewardship Agreement as of the last date written below.

Board of County Commissioners

Of Cowlitz County, Washington

Joe Gardner, Chairman

Date

Dennis P. Weber, Commissioner

Arne Mortensen, Commissioner

Attest: Tiffany Ostreim, Clerk of the Board

Date Date Date

GINA OWENS, FOREST SUPERVISOR

U.S. Forest Service, Gifford Pinchot National Forest

Date

The authority and format of this Stewardship Agreement (17-SA-11060300-012) has been reviewed and approved for signature.

6/16/2017

DE ETTE M. STOFLETH, GRANTS MANAGEMENT SPECIALIST U.S. Forest Service, Okanogan-Wenatchee National Forest

Burden Statement

Date

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) s hould contact USDA’s TARGET Center at 2 02-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.

APPENDIX A DEFINITIONS

Technical and Cost Evaluation. The evaluation used by the Forest Service to award projects. Such consideration shall primarily consider criteria other than cost. These non-price criteria include, but are not limited to, extent of mutual cooperation and benefits, past performance, experience, technical approach, and benefits to the local community.

Stewardship Project Proposal. A written request submitted by Forest and Grassland Supervisors to the Regional Forester for review and approval for proposed stewardship projects. The request for approval must include appropriate information about the proposed project, such as land management goals of the project, the total value of the project, products to be removed, the value of services to be received, the value of goods to be exchanged for services, contributed funds or work to be received, and expected residual receipts from the project.

After reviewing a proposed project, the Regional Forester shall approve or disapprove the project through a formal written reply in correspondence to the Forest or Grassland Supervisor. Only the projects and associated work activities approved by the Regional Forester with completed NEPA analysis are to be included in this Stewardship Agreement.

APPENDIX B TECHNICAL PROJECT PROPOSAL

The project areas range widely across the Mount St. Helens National Volcanic Monument (MSHNVM). This project will support weed abatement in MSHNVM. Trailheads and parking areas are included in the project area to prevent spread of invasive plant species.

This project will provide roadside weed abatement in areas where high traffic will occur along the 504.

Priorities have been established and effective methodology determined to accomplish project objectives. Beneficial working relationships with stakeholders within and adjacent to the project area have been established which fortify the ability to accomplish goals efficiently and effectively, and (reinforce/compliment) other projects initiated by the partners. Some of these partners include but are not limited to: the RMEF, Back County Horsemen, and the Pacific Northwest Invasive Plant Council.

Cowlitz County Noxious Weed Program will keep detailed records using Invasive Species Mobile software. This geospatial data record will be used to assess treatment efficacy. Washington State Department of Agriculture pesticide application records will be completed and kept on file for seven years. Natural Resource Information System and Forest Activity Tracking Systems data will be recorded and input files will be transferred to the Gifford Pinchot national databases. Monitoring of project efficacy will be performed by both the Cowlitz County and results will be recorded and tracked in the Forest Service database.

Cowlitz County Noxious Weed Program will hire a crew of licensed herbicide applicators to use integrated pest management to carry out the treatments according to the Gifford Pinchot National Forest Site Specific EIS. Treatments methods will include manual and spot spray with backpacks. The crews will monitor 50% of the treatments for efficacy. As timing and current funding allows, crews will implement the control plans, starting work in June 2017 and likely completing currently funded work in 2018, with some sites being visited more than once. Invasive species control work is an ongoing project but areas of work will periodically be shifted according to efficacy of control and Forest Service priorities.

APPENDIX C

MAP OF STEWARDSHIP PROJECT AREA

Entire Gifford Pinchot National Forest

Attachment: Appendix D

OMB 0596-0217

FS-1500-17B

17-SA-11060300-012

USFS Agreement No.: Mod. No.: Cooperator Agreement No.:

Note: This Financial Plan may be used when:

(1) No program income is expected and

(2) The Cooperator is not giving cash to the FS and

(3) There is no other Federal funding

Agreements Financial Plan (Short Form)

Financial Plan Matrix: Note: All columns may not be used. Use depends on source and type of contribution(s).

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

$21,214.67

Salaries/Labor Travel Equipment Supplies/Materials

Standard Calculation Standard Calculation Printing

Subtotal Direct Costs

$38,772.73

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

MODIFICATION OF GRANT OR AGREEMENT

1.U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 17-SA-11060300-012 (Invasive Plant Treatments within Mount Saint Helens National Volcanic Monument)

2. RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY:

4.NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4):

Jessica Clark, Grants Management Specialist

Gifford Pinchot National Forest

987 McClellan RD

Vancouver, WA 98661

Telephone: 360-891-5168

Email: jessica.clark@usda.gov

6.NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county):

Cowlitz, County of Cowlitz County Noxious Weed Board

207 N 4th Ave N Kelso , WA 98626-4124

3. MODIFICATION NUMBER: 004

5.NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4):

Dave Olson

Gifford Pinchot National Forest

987 McClellan RD

Vancouver, WA 98661

Telephone: 360-891-5154

Email: dave.olson@usda.gov

7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS payment use only):

8.PURPOSE OF MODIFICATION

CHECK ALL THAT APPLY: This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above.

CHANGE IN PERFORMANCE PERIOD: Extend agreement end date from 12/31/2019 to 12/31/2021.

CHANGE IN FUNDING: Cancel invasive plant treatments and deobligate funds from Mod #2 associated with 2017 retained receipt in the amount of $19,572.00 (funds that remain available under Mod #2 are in the amount of $9,890.99); Mod #4 adds invasive plant treatments and obligates funds in the amount of $39,870.00 for continuation of project work. Cumulative total for this agreement = $144,882.99

ADMINISTRATIVE CHANGES: Change Forest Service Program Manager from Carol Chandler to Dave Olson (see Block #5).

OTHER (Specify type of modification): The Technical Project Proposal from the original award and previously provided maps, remain in effect.

Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect.

9.ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): The Technical Project Proposal from the original award and previously provided maps, remain in effect. This modification is to:

1)Change the U.S. Forest Service contact from Carol Chandler to Dave Olson (see Block #5).

2)Extend the expiration date from 12/31/2019 to 12/31/2021.

3)No project work on Mod. #2 has been completed. As a result, cancel invasive plant treatments identified in Modification #2 and deobligate 2017 Retained Receipt funding (SC060317) in the amount of $19,572.00. Available funding on Mod #2 is in the amount of $9,890.99 (see attached revised Financial Plan for Mod #2).

4)Add funding in the amount of $39,870.00 to cover new project work for invasive plant treatment. NOTE: For this modification, funds in the amount of $20,000.00 (NFXNC019 RMEF) expire 11/28/2020. The remaining $19,870.00 of this modification expire 12/31/2021 unless extended through a modification.

A.PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the Cooperator for the U.S. Forest Service's share of actual expenses incurred, not to exceed $39,870.00, as shown in the Financial Plan for this modification. The U.S. Forest Service shall make payment upon receipt of the Cooperator’s monthly invoice. Each invoice from the Cooperator shall display the total project costs for the billing period, separated by U.S. Forest Service and the Cooperator’s share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display the Cooperator’s full match towards the project, as shown in the financial plan, and be submitted no later than 90 days from the expiration date.

WORKSHEET FOR

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

Standard Calculation Standard Calculation Printing

$36,245.45 Other Expenses Subtotal Direct Costs Cooperator Indirect Costs SubtotalDirectCosts $36,245.45

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

Salaries/Labor Travel Equipment Supplies/Materials

Standard Calculation Standard Calculation Printing

Subtotal Direct Costs

$6,420.00

Attachment:Appendix D

17-SA-11060300-012

is no other Federal funding

(3)There

Financial Plan (Short Form)

Note: All columns may not be used. Use depends on source and ty pe of contribution(s). toNoncashIn-Kind Direct CostsCooperatorSalaries/Labor$5,097.20$6,336.00$3,000.00$0.00$14,433.20 Travel

$265.75$264.00$0.00$0.00$529.75 Equipment

$0.00$744.00$888.00$0.00$1,632.00 Supplies/Materials

$0.00$948.81$70.00$0.00$1,018.81 Printing

$0.00$0.00$0.00$0.00$0.00 Other

$0.00$699.00$0.00$0.00$699.00 Other

$0.00 Subtotal

$5,362.95$8,991.81$3,958.00$0.00$18,312.76 Coop Indirect Costs

$899.18$395.80$1,294.98 FS Overhead Costs

$536.30

$5,899.25$9,890.99$4,353.80$0.00

$536.30 Total

(e)Total 21.61% Agreements

Value:

$20,144.04 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h)

=(f)78.39% Total Project

(g)(h)100.00% Matching Costs Determination Total Forest Service

Share

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

Subtotal Direct Costs

TOTAL COST$5,899.25

WORKSHEET FOR

$9,890.99 Other Expenses Subtotal Direct Costs Cooperator Indirect Costs SubtotalDirectCosts $8,991.81

$8,991.81

NOTE: revised Financial Plan for Mod #2 to cancel a portion of work and deobligating funds in the amount of $19,572.00; remaining funds available for project work under Mod #2 = $9,890.99 - Revised financial plan spreadsheet included for information only for cooperator to track cash and non-cash contributions. No additional obligation of funds needed.

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

MODIFICATION OF GRANT OR AGREEMENT

1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 17-SA-11060300-012; Invasive Plant Treatments within Mount Saint Helens National Volcanic Monument

2. RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY:

4 NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): Gifford Pinchot National Forest 987 McClellan Rd (office)

501 E. 5th St. Bldg 404 (mail)

Vancouver, WA 98661

6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 4, county):

Cowlitz, County of 207 4th Ave N

Kelso, Washington 98626

3. MODIFICATION NUMBER: 005

5 NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4): Gifford Pinchot National Forest 987 McClellan Rd (office)

501 E. 5th St. Bldg 404 (mail)

Vancouver, WA 98661

7. RECIPIENT/COOPERATOR’S HHS SUB ACCOUNT NUMBER (For HHS payment use only): N/A

8. PURPOSE OF MODIFICATION

CHECK ALL THAT APPLY: This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above.

CHANGE IN PERFORMANCE PERIOD: Extend Expiration Date (See Box 9)

CHANGE IN FUNDING: Add U.S. Forest Service Funding (See Box 9)

ADMINISTRATIVE CHANGES: Update U.S. Forest Service Contact and Provisions (See Box 9)

OTHER (Specify type of modification):

Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect.

9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed):

The purpose of this modification is to add U.S. Forest Service funding in the amount of $20,000.00 and extend the agreement from December 31, 2021 to December 31, 2023 The Technical Proposal and Maps remain in effect. All previously obligated funds remain available for use.

Add Provision IV.L. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse Cowlitz County for the U.S. Forest Service's share of actual expenses incurred, not to exceed $20,000.00, (Mod 005) as shown in the Financial Plan (Appendix D). In order to approve a Request for Reimbursement, the U.S. Forest Service shall review such requests to ensure payments for reimbursement are in compliance and otherwise consistent with the terms of the agreement. The U.S. Forest Service shall make payment upon receipt of Cowlitz County’s quarterly invoice. Each invoice from Cowlitz County shall display the total project costs for the billing period, separated by U.S. Forest Service and Cowlitz County‘s share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display Cowlitz County’s full match towards the project, as shown in the financial plan, and submitted no later than 120 days from the expiration date. Each invoice must include, at a minimum:

1. Cowlitz County’s name, address, and telephone number.

2. U.S. Forest Service agreement number.

3. Invoice date.

4. Performance dates of the work completed (start & end).

5. Total invoice amount for the billing period, separated by U.S. Forest Service and Cowlitz County’s share with in-kind contributions displayed as a separate line item.

6. Display all costs, both cumulative and for the billing period, by separate cost element as shown on the financial plan.

7. Cumulative amount of U.S. Forest Service payments to date.

8. Statement that the invoice is a request for payment by “reimbursement.”

9. If using SF-270, a signature is required.

10. Invoice Number, if applicable.

The invoice must be forwarded to:

EMAIL: SM.FS.ASC_GA@USDA.GOV

FAX: 877-687-4894

POSTAL: USDA Forest Service

Albuquerque Service Center

Payments – Grants & Agreements

101B Sun Ave NE Albuquerque, NM 87109

Send a copy to: Conner England; Email: conner.england@usda.gov

Update V.A. PRINCIPAL CONTACTS. Principal U.S. Forest Service Contact from Dave Olson to: Conner England

501 E 5th St, Bldg 404, Vancouver, WA 98661

Telephone: 360-891-5108

Email: conner.england@usda.gov

Update Principal U.S. Forest Service Contact from De Ette Stoffleth to:

Jessica Clark

501 E 5th St, Bldg 404, Vancouver, WA 98661

Telephone: 360-891-5168

Email: jessica.clark@usda.gov

Add the following provision to clarify indirect cost rate guidance: INDIRECT COST RATES- PARTNERSHIP. Indirect costs are approved for reimbursement or as a cost-share requirement and have an effective period applicable to the term of this agreement.

1. If the Cooperator has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10 percent of modified total direct costs (MTDC). MTDC is defined as all salaries and wages, fringe benefits, materials and supplies, services, travel, and contracts up to the first $25,000 of each contract.

2. For rates greater than 10 percent and less than 25 percent, the Cooperator shall maintain documentation to support the rate. Documentation may include, but is not limited to, accounting records, audit results, cost allocation plan, letter of indirect cost rate approval from an independent accounting firm, or other Federal agency approved rate notice applicable to agreements.

3. For a rate greater than 25 percent, the U.S. Forest Service may require that the Cooperator request a federally approved rate from the Cooperator’s cognizant audit agency no later than 3 months after the effective date of the agreement. The Cooperator will be reimbursed for indirect costs or allowed to cost-share at the rate reflected in the agreement until the rate is formalized in the negotiated indirect cost rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing may be subject to adjustment.

4. Failure to provide adequate documentation supporting the indirect cost rate, if requested, could result in disallowed costs and repayment to the U.S. Forest Service.

Update the following provision language from “90 days” to “120 days” in the original agreement: V.R. AGREEMENT CLOSEOUT. and V.T. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS.

10. ATTACHED DOCUMENTATION (Check all that apply):

Revised Scope of Work

Revised Financial Plan

Other: Mod 005 Financial Plan, Appendix D

11. SIGNATURES

AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVEREFERENCED GRANT/AGREEMENT

Attachment: Appendix D

USFS Agreement No.:

Agreement No.:

17-SA-11060300-012

Mod. No.: 005

Agreements Financial Plan (Short Form)

Financial Plan Matrix: Note: All columns may not be used. Use depends on source and type of contribution(s).

FOREST SERVICE CONTRIBUTIONS

COOPERATOR CONTRIBUTIONS

WORKSHEET FOR

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

Subtotal Direct Costs

$9,766.05

TOTAL COST $10,937.98

WORKSHEET FOR

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

Subtotal Direct Costs

$20,000.00

Unrecovered Indirect Costs shown as match on Coop. Non-Cash Tab ( c)

Total Coop. Indirect Costs

TOTAL COST $20,000.00

WORKSHEET FOR

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

WORKSHEET FOR

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

Subtotal Direct Costs

$2,384.00

AS-12716

BOCC Agenda

Meeting Date: 04/11/2023

11:00 a.m. Proposal Opening - Homeless Housing & Assistance

Submitted For: Carole Harrison

Department: Health/Human Services

Submitted By: Jamie Hopps

Information

Timed Items 8.

Subject and Summary Statement

The County is soliciting proposals from entities interested in participating on a project to address homelessness or housing in Cowlitz County.

The county is seeking proposals for one-time or stat-up costs for projects or programs focused on housing or homelessness. The County is particularly interested in proposals that address youth homelessness or housing, however, proposals that address homelessness or housing in general may be considered.

Will Staff Attend - NAME OF STAFF

Yes, Gena James

Department Recommendation

Cowlitz County Health & Human Services recommends the proposals for Homeless Housing & Assistance be opened as advertised.

Attachments

23-013 Homeless Housing & Assistance RFP

23-013 Homeless Housing & Assistance RFP Addendum No. 1

23-013 Homeless Housing & Assistance RFP Invitation

Form Review

Form Started By: Jamie Hopps

Final Approval Date: 03/21/2023

Started On: 03/21/2023 03:32 PM

COWLITZ COUNTY

HEALTH & HUMAN SERVICES

REQUEST FOR PROPOSALS (RFP)

RFP #23-013

NOTE: If you download this RFP from the County website located at: http://www.co.cowlitz.wa.us/bids.aspx, you are responsible for sending your name, address, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP amendments or bidder questions/COUNTY answers.

PROJECT TITLE: Homeless Housing & Assistance

PROPOSAL DUE DATE: April 11, 2023 Prior to 11:00 A.M. Pacific Standard Time or Pacific Daylight Time, Kelso, Washington, USA.

Faxed or E-mailed bids will not be accepted

ESTIMATED TIME PERIOD FOR CONTRACT: June 1, 2023 – December 31, 2023

The COUNTY reserves the right to extend the contract for up to two additional one-year periods at the sole discretion of the COUNTY

CONSULTANT ELIGIBILITY: This procurement is open to those consultants that satisfy the minimum qualifications stated herein and that are available for work in Washington State.

1. INTRODUCTION

1.1. Purpose and Background

Cowlitz County, hereafter called "County,” is initiating this Request for Proposals (RFP) to solicit proposals from entities interested in participating on a project to address homelessness or housing in Cowlitz County.

The County intends to award one/multiple contract(s) to support a project(s) as a result of this RFP.

1.2. Objectives and Scope of Work

The County is soliciting proposals for one-time or start-up costs for projects or programs focused on housing or homelessness. The County is particularly interested in proposals that address youth homelessness or housing, however, proposals that address homelessness or housing in general may also be considered.

The projects or programs described must be provided within Cowlitz County and must demonstrate alignment with goals from Cowlitz County’s 5 Year Plan to Address Homelessness:

• Goals in the plan include: Increase access to affordable housing, Quickly identify and engage people experiencing homelessness, Increase prevention and education opportunities, Maintain a crisis response system in Cowlitz County, and Increase the use of data to drive strategies and decision making.

• The full plan may be viewed online at: https://www.co.cowlitz.wa.us/DocumentCenter/View/23561/Cowlitz-5-year-Homeless-HousingPlan 62021

Cowlitz County participates in the administration of Document Recording Fees, designated for housing and homeless programs as legislated in RCW 43.185C. As a result, in addition to aligning with the goals indicated above, projects or programs must meet the RCW for the Document Recording Fee use of funds:

• RCW 36.22.178 Affordable housing for all surcharge

• RCW 36.22.179 Surcharge for local homeless housing and assistance

• RCW 36.22.1791 Additional surcharge for local homeless housing and assistance

1.3. Minimum Qualifications

Minimum qualifications include:

• Licensed to do business in the State of Washington or provide a commitment that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Contractor.

1.4. Funding

The COUNTY may award funding to projects as a result of this RFP utilizing Document Recording Fees.

Any contract awarded as a result of this procurement is contingent upon the availability of funding.

1.5. Period of Performance

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about June 1, 2023 and to end on December 31, 2023 Amendments extending the period of performance, if any, shall be at the sole discretion of the COUNTY.

The COUNTY reserves the right to extend the contract for two one-year periods.

1.6. Contracting with Former Washington Public Employees

Washington State Department of Retirement System reporting requirements apply to public entities contracting with former Washington public employees pursuant to WAC 415-02-110, DRS Email 13011 and DRS Email 09-001. Proposers should familiarize themselves with these reporting requirements to the County before submitting a proposal that includes former public employees. Information regarding these requirements can be found on the WA Department of Retirement System’s Independent Contractor Verification and State Retirement Status Reporting Form located on the last page of this document.

1.7. Definitions

Definitions for the purposes of this RFP include:

COUNTY – COWLITZ is the COUNTY in the state of Washington that is issuing this RFP.

Apparent Successful Contractor – The consultant selected as the entity to perform the anticipated services, subject to completion of contract negotiations and execution of a written contract.

Consultant – Individual or company interested in the RFP and that may or does submit a proposal in order to attain a contract with the COUNTY.

Contractor – Individual or company whose proposal has been accepted by the COUNTY and is awarded a fully executed, written contract.

Proposal – A formal offer submitted in response to this solicitation.

Proposer - Individual or company that submits a proposal in order to attain a contract with the COUNTY.

Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the consultant community to suggest various approaches to meet the need at a given price.

1.8. ADA

The COUNTY complies with the Americans with Disabilities Act (ADA). Consultants may contact the RFP Coordinator to receive this Request for Proposals in Braille or on tape.

2. GENERAL INFORMATION FOR CONSULTANTS

2.1. RFP Coordinator

The RFP Coordinator is the sole point of contact in the COUNTY for this procurement. All communication between the Consultant and the COUNTY upon release of this RFP shall be with the RFP Coordinator, as follows:

Name Gena James

E-Mail Address jamesg@cowlitzwa.gov

Mailing Address 1952 9th Avenue Longview, WA 98632

Physical Address 1952 9th Avenue Longview, WA 98632

Phone Number (360) 414-5599 ext. 6454

Fax Number (360) 425-7531

Any other communication will be considered unofficial and non-binding on the COUNTY. Consultants are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Consultant.

2.2. Estimated Schedule of Procurement Activities

Issue Request for Proposals

Question & answer period ends

Issue last addendum to RFP

Proposals due

Earliest to announce “Apparent Successful Contractor” and send notification via fax or e-mail to unsuccessful proposers

Earliest date contract work can begin

February 21, 2023

March 7, 2023

March 14, 2023

April 11, 2023 Prior to 11:00 AM Pacific Standard Time or Pacific Daylight Time, Kelso, Washington, USA.

May 5, 2023

June 1, 2023

The COUNTY reserves the right to revise the above schedule.

2.3. Question & Answer Period

Any questions must be submitted in writing to the RFP Coordinator by the date identified in 2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES.

COUNTY will be bound only to COUNTY’S written answers to questions. Questions will be documented and answered in written form. A copy of the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on http://www.co.cowlitz.wa.us/bids.aspx

2.4. Submission of Proposals

(NOTE: Proposals can be submitted only by hard copy.)

HARD COPY PROPOSALS:

Consultants are required to submit two (2) copies of their proposal. One copy must have original signatures and one copy can have photocopied signatures. The proposal, whether mailed or hand delivered, must arrive at the COUNTY prior to 11:00AM, Pacific Standard Time or Pacific Daylight Time on April 11, 2023 prior to 11:00am.

The proposal is to be sent or delivered to the address noted below and in the solicitation. The envelope should be clearly marked;

Attn: Clerk of the Board Homeless Housing & Assistance Board of County Commissioners 207 N. 4th Avenue Room 305 Kelso WA 98626

Consultants mailing proposals should allow normal mail delivery time to ensure timely receipt of their proposals prior to the due date. Consultants assume the risk for the method of delivery chosen. The COUNTY assumes no responsibility for delays caused by any delivery service. Proposals may not be transmitted using facsimile transmission.

Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the COUNTY and will not be returned.

2.5. Proprietary Information/Public Disclosure

Proposals submitted in response to this competitive procurement shall become the property of the COUNTY. All proposals received shall remain confidential until the contract, if any, resulting from this RFP is signed by the Director of the COUNTY, or his Designee, and the apparent successful Contractor; thereafter, the proposals shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

Any information in the proposal that the Consultant desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Consultant is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Consultant has marked as "Proprietary Information," the COUNTY will notify the Consultant of the request and of the date that the records will be released to the requester unless the Consultant obtains a court order enjoining that disclosure. If the Consultant fails to obtain the court order enjoining disclosure, the COUNTY will release the requested information on the date specified. If a Consultant obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the COUNTY shall maintain the confidentiality of the Consultant's information per the court order.

A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice to the RFP Coordinator is required. All requests for information should be directed to the RFP Coordinator.

2.6. Revisions to the RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via e-mail to all individuals, who have made the RFP Coordinator aware of their interest. Addenda will also be published on http://www.co.cowlitz.wa.us/bids.aspx. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on the website. If you downloaded this RFP from the COUNTY website located at http://www.co.cowlitz.wa.us/bids.aspx, you are responsible for sending your name, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP addenda.

The COUNTY also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract.

2.7. Minority & Women-Owned Business Participation

Cowlitz County encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in

response to this solicitation or on a subcontractor basis. However, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis.

2.8. Acceptance Period

Proposals must provide 60 days for acceptance by COUNTY from the due date for receipt of proposals.

2.9. Responsiveness

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The Consultant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive.

The COUNTY also reserves the right at its sole discretion to waive minor administrative irregularities.

2.10. Most Favorable Terms

The COUNTY reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Consultant can propose. There will be no best and final offer procedure. The COUNTY does reserve the right to contact a Consultant for clarification of its proposal.

The Apparent Successful Contractor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the Consultant’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to the COUNTY.

2.11. Contract and General Terms & Conditions

The apparent successful contractor will be expected to enter into a contract which is substantially the same as the County’s standard professional services contract and in accordance with the general terms and conditions therein, attached as Exhibit B. In no event is a Consultant to submit its own standard contract terms and conditions in response to this solicitation. The Consultant may submit proposed exceptions as allowed in the Certifications and Assurances form, Exhibit A to this solicitation. All exceptions to the contract terms and conditions must be submitted by Consultant as an attachment to Exhibit A, Certifications and Assurances form, or the standard contract shall be deemed accepted, as attached. The COUNTY will review requested exceptions and accept or reject the same at its sole discretion in awarding the contract.

All terms and conditions are contingent upon changes to laws, policies or procedures.

2.12. Costs to Propose

The COUNTY will not be liable for any costs incurred by the Consultant in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP

2.13. No Obligation to Contract

This RFP does not obligate the COUNTY to contract for services specified herein.

2.14. Rejection of Proposals

The COUNTY reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFP.

2.15. Commitment of Funds

The Board of County Commissioners or duly elected official are the only individual(s) who may legally commit the COUNTY to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

2.16. Insurance Coverage

The Contractor is to furnish the COUNTY with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below.

The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the contract. The Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to the COUNTY within fifteen (15) days of the contract effective date.

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:

coverage on owned, non-owned, rented and hired vehicles Bodily injury, liability, including death and property damage liability $1,000,000 Combined single Limit

All 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 stop-loss provisions, the County shall have the right to request and review the Contractor’s most recent annual financial reports and audited financial statements as a condition of approval.

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

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

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

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the 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.

Workers’ Compensation Coverage

The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The County will not be held responsive in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.

2.17. Cooperative Purchase:

This bid and contract is anticipated for use by other government agencies. The host agency of this bid and contract has entered into intergovernmental (Interlocal) purchasing agreements pursuant to RCW 39.34 with other government agencies. Interlocal purchasing agreements allow either party to make purchases at the other party's accepted bid price. By submitting an Offer, the Contractor agrees to make the same bid terms and price, exclusive of freight and transportation fees, available

to other such governmental agencies. The host agency will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchases by such agencies.

3. PROPOSAL CONTENTS

NOTE: Proposals can be submitted only by hard copy.

Hard Copy Proposals must be:

1. Written in English.

2. Use standard eight and one-half by eleven inch (8 ½” x 11”) white paper.

3. Use 12 point font, black ink.

4. Print your organization name as a header on all pages of the application response.

5. When answering the Program Design Summary questions, print the name of the organization and the type of program described in the header section of the document.

6. Each page must be numbered, insert page numbers at the bottom of each page.

7. Bind each application original and copy with a staple in the upper left hand corner.

8. Provide one (1) original copy and one (1) copy, marked “original” and “copy,” respectively, on the first page of each set.

9. There is no minimum or maximum number of pages for the entire response.

10. Letters of support are not required. However, if your proposal is dependent on a collaborative agreement with another agency to provide services, a statement from that agency that they agree to collaborate on service delivery may be submitted.

11. Unnecessarily elaborate responses beyond that sufficient to present a complete and effective response are not desired. Unless specifically requested in the RFP, lengthy narratives, expensive paper, specialized binding, and other extraneous presentation materials are neither necessary nor desired.

12. Tabs separating the major sections of the proposal: The four major sections of the proposal are to be submitted in the order noted below:

a. Program Summary

b. Letter of Submittal, including signed Certifications and Assurances (Exhibit A to this RFP)

c. Technical Proposal

d. Management Proposal; and,

e. Cost Proposal

3.1.Program Summary (MANDATORY)

Provide a brief summary of the proposed projects, programs, or services. The summary should be no more than one (1) page in length:

1. Agency Name & Agency Director

2. Project Title

3. Total Funding Request & Time Period

4. Project Short Description

3.2.Letter of Submittal (MANDATORY)

The Letter of Submittal and the attached Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Consultant and any proposed subcontractors:

1. Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity or individual with whom contract would be written.

2. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.)

3. Legal status of the Consultant (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists.

4. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue. If the Consultant does not have a UBI number, the Consultant must state that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Contractor.

5. Location of the facility from which the Consultant would operate.

3.3.Technical Proposal (EVALUATED)

The Technical Proposal must contain a comprehensive description of services including the following elements:

A. Project Approach/Methodology – Include a complete description of the Consultant’s proposed approach and methodology for the project. This section should convey a clear vision of the Consultant’s proposed project.

B. Work Plan - Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Consultant’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of COUNTY staff. The Consultant may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation.

C. Project Schedule - Include a project schedule indicating when the elements of the work will be completed. Project schedule must ensure that any deliverables requested are met.

D. Outcomes and Performance Measurement – Describe the impacts/outcomes the Consultant proposes to achieve as a result of the delivery of these services including how these outcomes would be monitored, measured and reported to the COUNTY. Include a description of the positive and negative impacts to the community, both in the surrounding area of the project and to the community as a whole.

E. Risks - The Consultant must identify potential risks that are considered significant to the success of the project. Include how the Consultant would propose to effectively monitor and manage these risks, including reporting of risks to the COUNTY’S contract manager.

F. Deliverables – Fully describe deliverables to be submitted under the proposed contract. Deliverables must support the requirements set forth in Section 1.2, Objectives and Scope of Work.

3.4.Management Proposal

A. Project Management (EVALUATED)

1. Project Team Structure/Internal Controls - Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Provide an organizational chart of your firm indicating lines of authority for personnel involved in performance of this potential contract and relationships of this staff to other programs or functions of the firm. This chart must also show lines of authority to the next senior level of management. Include who within the firm will have prime responsibility and final authority for the work.

B. Experience of the Consultant (EVALUATED)

1. Indicate the experience the Consultant and any subcontractors have in the following areas associated with

a. Engaging individuals experiencing homelessness or at risk of homelessness into services

b. Helping individuals obtain permanent housing

2. Indicate other relevant experience that indicates the qualifications of the Consultant, and any subcontractors, for the performance of the potential contract.

3. Include a list of contracts the Consultant has had during the last five years that relate to the Consultant’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and fax numbers/e-mail addresses.

C. Related Information (MANDATORY)

1. If the Consultant’s staff or subcontractor’s staff was a public employee within the state of Washington during the past 24 months, or is currently a Washington public employee, identify the individual by name, the agency previously or currently employed by, job title or position held and separation date.

2. If the Consultant has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Consultant’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and such litigation determined that the Proposer was in default.

3. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Consultant’s position on the matter. The COUNTY will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Consultant in the past five years, so indicate.

D. References (MANDATORY)

List names, addresses, telephone numbers, and fax numbers/e-mail addresses of three (3) business references for the Consultant and three (3) business references for the lead staff person for whom work has been accomplished and briefly describe the type of service provided. Do not include current COUNTY staff as references. By submitting a proposal in response to this Work Request, the vendor and team members grant permission to COUNTY to contact these references and others, who from COUNTY’s perspective, may have pertinent information. COUNTY may or may not, at COUNTY’s discretion, contact references. The COUNTY may evaluate references at the COUNTY’S discretion.

E. OMWBE Certification (OPTIONAL AND NOT SCORED)

Include proof of certification issued by the Washington State Office of Minority and Womens Business Enterprises (OMWBE) if certified minority-owned firm and/or women-owned firm(s) will be participating on this project. For information: http://www.omwbe.wa.gov.

3.5.Cost Proposal (MANDATORY)

The evaluation process is designed to award this procurement not necessarily to the Consultant of least cost, but rather to the Consultant whose proposal best meets the requirements of this RFP.

A. Identification of Costs (EVALUATED)

Identify all costs in U.S. dollars including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. The Consultant is to submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract. Consultants are required to collect and pay Washington state sales and use taxes, as applicable. Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprises

i. Proposal Budget Request (an excel workbook template can be requested)

COWLITZ COUNTY

HEALTH & HUMAN SERVICES

REQUEST FOR PROPOSALS (RFP) BUDGET TEMPLATE

Project Title: Estimated Project Start Date:

Line-Item Expenses Type of Expense Explanation

Total Proposed Program Expenses

Indirect Costs, if applicable

Total Proposed Expenses (including requested indirect costs)

i. Proposal Budget Narrative

After the budget is completed, you should complete your own budget narrative with descriptions for each item that reflect the cost figures for your proposal. Please be sure to use numbers from the spreadsheet that reflect actual costs in your geographic area. For any line item that varies from the budget template, please explain what conditions relate to that variance

i. Line Item Expenses.

ii. Indirect Rate, if applicable.

4. EVALUATION AND CONTRACT AWARD

4.1.Evaluation Procedure

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of proposals may be accomplished by an evaluation team(s), to be designated by the COUNTY, which will determine the ranking of the proposals.

COUNTY, at its sole discretion, may elect to select the top-scoring firms as finalists for an oral presentation.

The RFP Coordinator may contact the Consultant for clarification of any portion of the Consultant’s proposal.

4.2.Evaluation Weighting and Scoring

The following weighting and points will be assigned to the proposal for evaluation purposes:

Applications will be evaluated based on the below criteria. Each question will have 1-10 rating. Point system = each question up to 10 pts, total of 100.

1. Does the proposal include all proposal contents required in this RFP?

2. Does the respondent meet the minimum qualifications?

3. Does the proposal meet requirements for funding identified in the RFP?

4. Does the proposal indicate a clear methodology for providing the proposed services?

5. Does the respondent demonstrate how they would work collaboratively with multiple community partners on the proposed project?

6. Does the proposal clearly describe the target population, number to be served, and measurable outcomes?

7. Is the budget template and budget narrative complete and clear?

8. Does the application propose new efficiencies or demonstrate savings?

9. Does the proposal demonstrate the need for the proposed program in light of, or by leveraging other available resources?

10. Is the community impact clearly stated and does it include ways to mitigate any potential negative impacts?

COUNTY reserves the right to award the contract to the Consultant whose proposal is deemed to be in the best interest of the COUNTY.

4.3.Oral Presentations May Be Required

The COUNTY may after evaluating the written proposals elect to schedule oral presentations of the finalists. Should oral presentations become necessary, the COUNTY will contact the top-scoring firm(s)

from the written evaluation to schedule a date, time and location. Commitments made by the Consultant at the oral interview, if any, will be considered binding.

CHOICES FOR ORAL EVALUATION:

The oral presentation will determine the apparent successful contractor. OR The results from the written evaluation and the oral presentation combined together will determine the apparent successful contractor.

4.4.Notification to Proposers

The COUNTY will notify the Apparently Successful Contractor of their selection in writing upon completion of the evaluation process. Individuals or firms whose proposals were not selected for further negotiation or award will be notified separately by e-mail or facsimile.

4.5.Debriefing of Unsuccessful Proposers

Any Consultant who has submitted a proposal and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Unsuccessful Consultant Notification is e-mailed or faxed to the Consultant. Debriefing requests must be received by the RFP Coordinator no later than 5:00 PM, local time, in Kelso, Washington on the third business day following the transmittal of the Unsuccessful Consultant Notification. The debriefing must be held within three (3) business days of the request.

Discussion at the debriefing conference will be limited to the following:

• Evaluation and scoring of the firm’s proposal;

• Critique of the proposal based on the evaluation;

• Review of proposer’s final evaluation in comparison with other final evaluations without identifying the other firms.

Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

4.6.Protest Procedure

Protests may be made only by Consultants who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Consultant is allowed three (3) business days to file a protest of the acquisition with the RFP Coordinator. Protests must be received by the RFP Coordinator no later than 4:30 PM, local time, in Kelso, Washington on the third business day following the debriefing. Protests may be submitted by e-mail or facsimile, but must then be followed by the document with an original signature.

Consultants protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Consultants under this procurement.

All protests must be in writing, addressed to the RFP Coordinator, and signed by the protesting party or an authorized Agent. The protest must state the RFP number, the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of an evaluator;

• Errors in computing the evaluation;

• Non-compliance with procedures described in the procurement document or COUNTY policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) COUNTY’S assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by the COUNTY. The COUNTY Purchasing Manager or an employee delegated by the Purchasing Manager who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Consultant that also submitted a proposal, such Consultant will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

• Find the protest lacking in merit and uphold the COUNTY’s action; or

• Find only technical or harmless errors in the COUNTY’s acquisition process and determine the COUNTY to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide the COUNTY options which may include:

- Correct the errors and re-evaluate all proposals, and/or

- Reissue the solicitation document and begin a new process, or

- Make other findings and determine other courses of action as appropriate.

If the COUNTY determines that the protest is without merit, the COUNTY will enter into a contract with the apparently successful contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

5. RFP EXHIBITS

Exhibit A Certifications and Assurances

Exhibit B Professional Service Contract Format including General Terms and Conditions (GT&Cs)

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract:

1. I/we declare that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the COUNTY without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

4. I/we understand that the COUNTY will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the COUNTY, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

5. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor.

6. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

7. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

8. I/we grant the COUNTY the right to contact references and other, who may have pertinent information regarding the ability of the Consultant and the lead staff person to perform the services contemplated by this RFP.

9. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page.

We (circle one) are / are not submitting proposed Contract exceptions. (See Section 2.10, Contract and General Terms and Conditions.) If Contract exceptions are being submitted, I/we have attached them to this form.

On behalf of the Consultant submitting this proposal, my name below attests to the accuracy of the above statement.

Signature of Proposer

Print Name of Proposer

Title Date

PROFESSIONAL SERVICES AGREEMENT

Contract Number:

XX-XXXX

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

Name:

Address:

Phone No:

(hereinafter called “Contractor”).

This Agreement is comprised of:

Attachment A – Scope of Work

Attachment B – Compensation

Attachment C – General Conditions

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

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 ________ day of ________, 20____ and shall, unless terminated as provided elsewhere in the Agreement, terminate on the ________ day of ________, 20____.

IN WITNESS WHEREOF, the parties have executed this Agreement on this ________ day of _____________, 20____.

CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Signature Dennis P. Weber, Chairman Richard R. Dahl, Commissioner

Print name:

Arne Mortensen, Commissioner

Title: ATTEST:

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

SCOPE OF WORK

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

1. <<Enter scope of work here>>

2. Program Evaluation and Continuous Quality Improvement

The Contractor will submit quarterly program reports no later than the dates outlined in the reporting schedule. Program reports will include all items listed in XX Outcomes and Measures, with total numbers during reporting period and total unduplicated numbers from start of contract period.

3. Reporting: The contractor will submit reports no later than the dates outlined in the following reporting schedule

4. Additional Requirements: The contractor will maintain and make available, if requested, documentation demonstrating accomplishments of the contract. Such documentation may include, but is not limited to, the following:

a. Services provided

b. Number of hours of service

c. Data Collection

d. Completed evaluation tools

e. Backup reports/data for invoicing.

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

COMPENSATION

As consideration for services, as described in the Scope of Work section of this Agreement, the County agrees to pay the Contractor based on the specific conditions below, a sum not to exceed budget amounts of $____ during the period ____, ____ through ____, ____.

1. Specific Payment Conditions:

a. The County will reimburse the Contractor for travel rates (mileage, meals, etc.) not exceeding those established by the Cowlitz County Board of Commissioners.

b. The Contractor shall budget funds awarded in such a manner to ensure availability of services, outlined in Attachment A. Statement of Work, throughout the entire term of this Contract subject to available funds.

c. Period of Performance Service Costs.

The Contractor shall ensure that service costs incurred are within the period of performance of this Contract.

2. Billing and Payment for the Statement of Work

a. Invoice System

i. The Contractor shall submit invoices using the County’s form, or such other form as designated by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Program Manager within this Contract, by the Contractor, not more often than monthly. The invoices shall describe and document to the County’s satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees.

ii. The final invoice must be received by the County no later than the 10th business day following the end of this contract.

b. County Obligation for Payment

i. The County agrees to make payment, as approved by the Auditor of Cowlitz County, with County warrants on a calendar day specified by the County, contingent on the availability of funds, following receipt of the Contractor’s complete and accurate request for payment.

ii. The County shall not be obligated to reimburse the Contractor for any services or activities, performed prior to the effective date of this Contract.

1. Billing for Allowable Costs and Documented Costs

The Contractor shall ensure all expenditures for services and activities under this Contract are:

a. Expended for allowable costs, which are in accordance with the Fiscal/Program Requirements.

b. All documentation including reports must be submitted with the billing documents.

iii. The County will not process any payments received after the 10th business day following the end of this contract.

iv. Any funds not utilized at the end of the contract period will be reallocated at the discretion of the County.

c. Budget

The Contractor may submit, in writing to the County Project Manager, a request to adjust the budget at any time during the contract period. The County will respond to all requests in writing with the determination. Requests may:

i. Change the individual line budget,

ii. Not change the total contract award.

d. Duplication

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

e. Recovery of Costs Claimed in Error:

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

3. Advance Payment and Billing Limitations.

a. Advance Payment

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

b. Authorized Services

The County shall pay the Contractor only for authorized services provided in accordance with this Contract. If this Contract is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination.

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 contractor 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 this 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 way connected with this Agreement. The foregoing indemnification obligations of the Contractor are a

material inducement to County to enter into this Agreement, are reflected in the Contractor’s compensation, and have been mutually negotiated by the parties.

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

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

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

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

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 Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manger’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.

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:

Title:

Department: Health & Human Services

Address: 1952 9th Ave Longview, WA 98632

Telephone: (360) 414-5599

E-mail: HHSContracts@cowlitzwa.gov

Fax: (360) 425-7531

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, sec, 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 subcontractors 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 statues, ordinances and regulations;

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

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

d. General Conditions (Attachment C).

e. Any other material incorporated herein by reference.

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

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

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

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

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

SPECIAL TERMS AND CONDITIONS

1. 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.

ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY with an Extended Reporting Period Endorsement (two year tail).

WORKERS COMPENSATION: Statutory amount Waiver of Title 51 Rights

EMPLOYER’S LIABILITY/Stop Gap:

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

Bodily injury, liability, including death and property damage liability

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

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

Contractor hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required any 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 names 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 state or notion of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement shall not be required if the 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: County Project Manager, Cowlitz County Health & Human Services, 1952 9th Avenue, Longview, WA 98632. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the 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. Debarment Certification. The Contractor, by signature to this Agreement, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in this Agreement by any federal department or agency form participating in transactions (Debarred). The Contractor also agrees to include the above requirement in all subcontracts into which it enters. The Contractor shall immediately notify the County if, during the term of this Contract, the Contractor becomes debarred. The County may immediately terminate this Contract by providing Contractor written notice if Contractor becomes debarred during the term hereof.

COUNTY RETAINS THIS FORM

Individual contractors and service providers must complete and sign

3. 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?

State Patrol Retirement System (WSPRS)

1

2 Judicial Retirement System (JRS)

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:

COUNTY RETAINS THIS FORM

PROFESSIONAL

Cowlitz County RFP

COWLITZ COUNTY

HEALTH & HUMAN SERVICES

REQUEST FOR PROPOSALS (RFP)

RFP # 23-013

ADDENDUM #1

NOTE: If you download this RFP from the County website located at: http://www.co.cowlitz.wa.us/bids.aspx, you are responsible for sending your name, address, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP amendments or bidder questions/COUNTY answers.

PROJECT TITLE: Homeless Housing & Assistance

PROPOSAL DUE DATE: April 11, 2023 Prior to 11:00 A.M. Pacific Standard Time or Pacific Daylight Time, Kelso, Washington, USA.

Faxed or E-mailed bids will not be accepted.

DATE RFP ISSUED: February 21, 2023

DATE ADDENDUM ISSUED: March 20, 2023

Last Date Revised: 01/09/2020

Admin Form: 1086.1

1. Question & Answers (received as of 3/7/2023):

1.1.Question: How to present the unusual idea of working with a non-profit to develop excess municipal land via a land lease?

Answer:

Creativity and partnerships are encouraged. Respond to each section of the RFP, even if it may not be applicable to the project being presented.

1.2.Question: When does prevailing wage apply?

Answer:

Prevailing wage only applies to projects that meet the definition of a ‘public work.’ See RCW 39.04.010 and RCW 39.04.260.

2. Page five (5) change in Estimated Schedule of Procurement Activities

Current Schedule:

Issue Request for Proposals

Question & answer period ends

Issue last addendum to RFP

Proposals due

Earliest to announce “Apparent Successful Contractor” and send notification via fax or e-mail to unsuccessful proposers

Earliest date contract work can begin

February 21, 2023

March 7, 2023

March 14, 2023

April 11, 2023 Prior to 11:00 AM Pacific Standard Time or Pacific Daylight Time, Kelso, Washington, USA.

May 5, 2023

June 1, 2023

The COUNTY reserves the right to revise the above schedule.

Revised Schedule:

Issue Request for Proposals

Question & answer period ends

COWLITZ COUNTY RFP No. 23-013

Addendum No. 1

February 21, 2023

March 7, 2023

Issue last addendum to RFP

Proposals due

Earliest to announce “Apparent Successful Contractor” and send notification via fax or e-mail to unsuccessful proposers

Earliest date contract work can begin

March 20, 2023

April 11, 2023 Prior to 11:00 AM Pacific Standard Time or Pacific Daylight Time, Kelso, Washington, USA.

May 5, 2023

June 1, 2023

The COUNTY reserves the right to revise the above schedule.

COWLITZ COUNTY RFP No. 23-013 Page 3 of 3

Addendum No. 1

COWLITZ COUNTY REQUEST FOR PROPOSALS DRF Homeless Housing & Assistance

INVITATION

Cowlitz County Health & Human Services Department is seeking proposals for DRF Homeless Housing & Assistance. Proposals must arrive prior to 11:00 a.m. PDT p.m. on April 11, 2023 at the following location.

Attn: Clerk of the Board Board of County Commissioners

207 N. 4th Avenue Room 305 Kelso WA 98626

Proposal requirements and details may be obtained from: Cowlitz County Health & Human Services

1952 9th Avenue

Longview, WA 98632

Email: jamesg@cowlitzwa.gov Fax 360-425-7531

The request is being made available electronically. If accepted by such means, the Bidder acknowledges and accepts full responsibility to ensure that no changes are made to the Request for Proposals documents. In the event of a conflict between a version of the Request in the Bidder’s possession and the version maintained by the County, the version maintained by the County shall govern.

A copy of the Request is also on file with the Clerk of the Board and may be viewed on the Cowlitz County website at: http://www.co.cowlitz.wa.us/bids.aspx

The Board reserves the right to reject any and all bids, to waive any informalities 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 21st day of February 2023.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

PUBLISHED: 2/22/2023

PUBLICATION REQUIREMENT: To be published in one issue.

BILLING INFORMATION:

1) AFFIDAVIT TO: Cowlitz County Commissioners

Attn: Clerk of the Board

2) BILL TO: Cowlitz County Health & Human Services

1952 9th Avenue

Longview, WA 98632