Steve Rader, Commissioner District 1
Steven L. Ferrell, Commissioner District 2
Richard R. Dahl, Commissioner District 3
Kelly Grayson, Clerk of the Board
Regular Public Meeting
March 11 , 202 5 , 9:00 a.m.
Board Meeting Convenes at 9:00 a.m.
Invocation by Invitation
Pledge of Allegiance
Minutes of March 3-5, 2025
Consent Agenda of March 11, 2025
Motion Items
Public Comments
Citizen Participation may be anonymous. See RCW 42.30.040
Consent Agenda
Call for Bids
1. Call for Bids for 12,680 Tons of Aggregate for Bituminous Surface Treatment scheduled for April 7, 2025, at 1:30 p.m. (14060)
Agreements/Contracts/Bid Awards
2. Memorandum of Understanding with the Cowlitz County Corrections Officers Guild to strengthen efforts to recruit and attract new talent to the Cowlitz County Corrections Department while also recognizing and retaining current employees for their continued efforts working through prolonged staffing vacancies. (14056)
3. Life Insurance Trust Fund Subscriber Agreement for Teamsters Local 58 Corrections Cooks and Clerical employees. (14058)
4. Personal Service Agreement with Eberle Vivian to manage the Workers' Compensation Claims from October 1, 2024, to September 30, 2025. The total amount is $35,021.00. (14062)
Regular Public Meeting
March 11, 2025, 9:00 a.m.
5. Memorandum of Agreement with the Washington Department of Fish and Wildlife for the use of the Cowlitz County Public Shooting Range for the period of January 1, 2025, through December 31, 2025. (14063)
Resolutions
6. Resolution for the County Road Project No. 818 for the East Canyon View Drive Slide Repair Project to repair the damaged roadway embankment. (14064)
7. Resolution rescinding Resolution #24-059 and revising the Appointments and Designations for the Washington Counties Risk Pool (WCRP). (14057)
Board Correspondence
8. Letters/Notices
a. Federal Energy Regulatory Commissioner (FERC) Notice dated 2/20/2025 regarding the Merwin Geologic Reconnaissance Report, Merwin Project. (14065)
Vouchers
The following vouchers/warrants are approved for payment.
Motion Items
Finance Department
9. Change Order with Prestige NW Construction Services for asbestos and lead removal as part of the restoration and remediation of water damage caused by flooding in the Annex Building. The increase is $23,746.90 for a total of $153,351.48. (14061)
March 11, 2025, 9:00 a.m.
Updates
Chairman Updates
Upcoming Events:
Wednesday, March 19th @ 2:30 p.m. – District Court Billing Rates/Port of Woodland Tax Increment Financing
Wednesday, April 2nd @ 2:30 p.m. – Rural Public Facilities Applications
Wednesday, April 9th @ 2:30 p.m. – Housing Opportunities of Southwest WA
Wednesday, April 16th @ 2:30 p.m. – Rural Public Facilities Presentations
Wednesday, April 23rd @ 2:30 p.m. – Department of Fish & Wildlife
Wednesday, April 30th @ 2:30 p.m. – Department of Ecology
Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040
RCW 42.30.040 - Conditions of attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.
All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.
The Board of Commissioners may add and take action on other items not listed on this Agenda.
Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas Regular-Public-Meetings
ZOOM Invitation Address (for all meeting days):
o https://us06web.zoom.us/j/82019613917
KLTV Live Feed Address: http://www.kltv.org
BOCC Agenda
Meeting Date: 03/11/2025
CALL FOR BIDS - Aggregate for Bituminous Surface Treatment for 2025
Submitted For: Shawn Roewe, Public Works
Submitted By: Emilie Cochrane, Public Works Department: Public Works
Information
Subject and Summary Statement
Attached are the necessary documents to issue the Call for Bids for 12,680 tons of aggregate for bituminous surface treatment for 2025. Aggregate will be stockpiled at designated sites in Longview, Kelso, Kalama and Castle Rock.
Will Staff Attend - NAME OF STAFF or No
Yes
Department Recommendation
It is the recommendation of the Department of Public Works that the Board move to approve the Call for Bids, and publish the Notice in the usual manner.
Attachments
Call for Bids
Bid Proposal Form
Inbox
Susan Eugenis
Emilie Cochrane
Susan Eugenis
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Form Review
Reviewed By Date
Emilie Cochrane
Susan Eugenis
Mike Moss
03/03/2025 12:27 PM
03/04/2025 05:56 PM
03/05/2025 11:09 AM
Started On: 02/27/2025 04:49 PM
CALL FOR SEALED BIDS & PROPOSALS
Aggregate for Bituminous Surface Treatment
Sealed bids will be received by the Department of Public Works, ATTN: Shawn Roewe , 1600 –13th Avenue S , Kelso, Washington, 98626, prior to 1:30 o'clock p.m., the 7th day of April, 2025, at which time all bids received will be publicly opened and read for the purchase of approximately 12,680 tons of aggregate for bituminous surface treatment .
OUTSIDE OF ENVELOPE MUST HAVE THE FOLLOWING INFORMATION:
1) Mailing Address: Department of Public Works
ATTN: Shawn Roewe
1600 – 13th Avenue S
Kelso, WA 98626
2) Bid Description: Aggregate for Bituminous Surface Treatment
3) Date of Bid Opening: April 7, 2025
ALL BIDS MUST BE SUBMITTED ON THE ATTACHED PROPOSAL FORMS.
Specifications and proposal forms will be furnished, upon request, by the Department of Public Works, 1600-13th Avenue South, Kelso, WA 98626, telephone (360) 577-3030. The bid proposal, bid specifications, and bid results may also be viewed on the Cowlitz County Department of Public Works internet website at www.co.cowlitz.wa.us/235/Public-Works.
Deviations or alternatives from the provisions of these specifications will be considered to permit manufacturers to follow their standard manufacturing processes. Such deviations or alternatives will be approved; however, only at the sole discretion of t he County and only if, in their opinion, they do not adversely affect the strength, efficiency, effectiveness or life of the material. All proposed deviations or alternatives, with full details, must be listed on the attached proposal which is part of the bid, unless otherwise noted. The listing of such deviations or alternatives will indicate that the bid may be accepted only with such deviation. There shall be no deviations from the specifications, except those which are listed as deviations on said bidd er's proposal and which are expressly approved as part of the Board's acceptance of the bid.
Payment for new materials will be made according to State Statute, in the month following date of delivery, provided a detailed invoice has been furnished by the supplier.
RCW 39.34 allows cooperative purchasing between public agencies in the State of Washington. Other public entities (cities, school districts, and so forth), which have filed an Interlocal
Cooperative Joint Purchasing Agreement with the County, may elect to purchase aggregate from the vendor based on the terms and conditions of this agreement, subject to vendor's consent.
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.
DATED this 11th day of March, 2025.
BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
Richard R. Dahl, Chairman
Steve Rader , Commissioner
Steven L. Ferrell, Commissioner
ATTEST:
____________________________________ Kelly Grayson, Clerk of the Board
P R O P O S A L
Aggregate for Bituminous Surface Treatment
The undersigned bidder agrees to provide the materials listed below conforming to the specifications below at the prices stated.
Company Name:
Bid Submitted By: Title: (Name Printed)
Signature: Date of Bid :
Address of Bidder: Tax I.D. No.
Telephone: UBI No.
Email: Fax:
Pit Locations:
Addenda. The bidder acknowledges receipt of the following addenda: _____. (Insert number of any addenda received.
SPECIFICATIONS
The "Aggregate for Bituminous Surface Treatment" shall meet the standards set forth in the State of Washington Standard Specifications 2025 English Edition, Section 9-03.4
The unit price bid shall reflect the total cost of the product specified with delivery FOB to the stockpile site indicated. Washington State sales tax shall be added in accordance to the Washington State Administrative Code (WAC) in effect at time of bid. If WAC is modified during the term of this contract, the successful bidder shall modify the sales tax rate charged in accordance with the WAC in effect at time of delivery. No additional charges, surcharges, or other fees may be added.
This bid will be awarded to the lowest responsible bidder for the sum of the four items
ONLY END-DUMP PUP TRAILERS AND TRUCKS WILL BE PERMITTED.
The contractor shall stockpile the aggregate at the designated sites in the following order:
1. Longview Area
2. Kelso Area
3. Castle Rock Area
4. Kalama Area
The County will take and test random samples of aggregate periodically. Aggregate will be weighed in tons, by individual truck load , on a state certified scale at the bidder's expense. A separate scale slip, signed by the County's designee , for each load will be furnished to the County. Unsigned scale slips or scale slips for which the County does not have the duplicate copy will not qualify for payment.
Time is of the essence with respect to the scheduled delivery of aggregate under this contract. All material must be delivered to the stockpile sites by no later than June 1, 2025. To assure timely delivery, fifty percent (50%) of the material based on bid estimate quantities must be delivered by no later than May 15, 202 5.
The County reserves the right to cancel the bid award under this contract immediately without prior notice in the event of failure to meet any of the requirements of this contract, including, but not limited to, timely delivery according to the schedule in the preceding paragraph.
All tonnages are approximate and some reductions or additional tonnage may be requested at bid unit price.
1 Longview Shop Yard 5715 Ocean Beach Hwy Longview, WA 98632
Kelso Shop Yard 2215 Talley Way Kelso, WA 98626
BOCC Agenda
Meeting Date: 03/11/2025
Memorandum of Understanding for Recruitment and Retention
Submitted For: Chris Moses
Submitted By: Chris Moses Department: Jail
Information
Subject and Summary Statement
This Memorandum of Understanding is between Cowlitz County and the Cowlitz County Corrections Officers Guild. The purpose of this MOU is to strengthen efforts to recruit and attract new talent to the Cowlitz County Corrections Department while also recognizing and retaining current employees for their continued efforts working through prolonged staffing vacancies.
Will Staff Attend - NAME OF STAFF
Yes - Marin Fox
Department Recommendation
It is the recommendation of the Corrections Department that the BOCC enter into this MOU with the Corrections Guild to strengthen efforts to recruit and retain.
Fiscal Impact
Expenditure Required $: Y
Budget Sufficient Y-N: Y Amendment Required Y-N:
Source of Funds - What Dept ? : Grant Y-N:
MOU CCCD
Inbox
Marin Fox, Corrections
Form Started By: Chris Moses
Final Approval Date: 03/03/2025
Attachments
Form Review
Reviewed By Date
Marin Fox 02/26/2025 02:13 PM
Started On: 02/26/2025 12:35 PM
BOCC Agenda
Meeting Date: 03/11/2025
Teamsters Local 58 Life Insurance Subscriber Agreement
Submitted For: Jessica Warren
Submitted By: Jessica Warren Department: Human Resources
Information
Subject and Summary Statement
Life Insurance Trust Fund Subscriber Agreement for Teamsters Local 58 Corrections Cooks and Clerical employees.
Will Staff Attend - NAME OF STAFF
Yes - Jessica Warren
Department Recommendation
Recommend the Board sign the Subscriber Agreement for Life Insurance provided to Teamsters Local 58 Clerical employees.
Attachments
Subscriber Agreement
Form Started By: Jessica Warren
Final Approval Date: 03/03/2025
Form Review
Started On: 02/26/2025 04:42 PM
BOCC Agenda
Meeting Date: 03/11/2025
Agenda
Information
Risk Management is requesting board approval for continuing Eberle Vivian Personal Service Agreement contract number 2020-0006-01.
PSA is from 10-01-2024 and ends on 09-30-2025. Riak Management has a strong partnership with Eberle Vivian and this vendor is vital to the management success of all Workers Comp. Claims for Cowlitz County.
Attachments
Cowlitz County -Eberle Vivian Agreement
Form Started By: Shelley Pierce
Final Approval Date: 03/03/2025
Form Review
Started On: 03/03/2025 10:29 AM
PERSONAL SERVICES AGREEMENT
Contract Number: 2020-0006-01
THIS AGREEMENT is entered into between COWLITZ COUNTY, a political subdivision of the State of Washington, (hereinafter called "County" or "Cowlitz County") and
Name: Eberle Vivian
Address: 206 Railroad Ave N
Kent, WA 98032
Phone No: 253 -854-6323
(hereinafter called "Contractor" or “EV”).
This Agreement is comprised of:
Attachment A – Scope of Work
Attachment B – Compensation
Attachment C – General Conditions
Attachment D – Special Terms and Conditions and Retirement Status Form (signature required)
copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
The term of this Agreement shall commence on the 1st day of October 2024 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 30th day of September 202 5. The County reserves the right to extend the contract for up to three additional one-year periods.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of 202
CONTRACTOR:
Print name: Emily Drew
Title: Vice President
Date: February 28, 2025
(OptionalforCommissionerApproval)
ATTEST:
Kelly Grayson, Clerk of the Board [2014_ver. 3]
COWLITZ COUNTY:
Steve Rader, Commissioner
Steve L. Ferrell, Commissioner
Rick Dahl, Chairman
(BOCCapprovalsubjecttoBoard ratification or authorization)
CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY
SCOPE OF WORK
Cowlitz County hereby engages the Contractor to serve as an independent contractor providing third party Workers’ Compensation administration services to the County on the terms and conditions set forth in this Agreement. The Contractor agrees to complete the services on behalf of Cowlitz County as described below, including the following elements:
1. Claims Administration
a. Review of all claim or loss reports made by Cowlitz County for bodily or mental injury, illness, disease or death incurred by an employee in the course of employment with the County.
b. Process each claim or loss report in accordance with all applicable statutory and administrative requirements.
c. Conduct investigations of each qualified claim or loss to the extent reasonably necessary.
d. Arrange for independent investigators, medical, or other experts, with the approval of the County, to the extent reasonably necessary to process any qualified claim or loss.
e. Arrange timely and appropriate payment for medical and/or death benefits and temporary or permanent time loss or disability compensation as required by law or, in any case, if the County specifically approves or directs such payment.
f. Maintain files for each qualified claim or loss which shall be available for review by the County or regulatory authorities upon request.
g. As requested, provide the County with copies of all medical reports, chart notes, written materials, and correspondence in the possession of the Proposer for each claim.
h. Notify excess insurance carriers of all qualified claims or losses which appear to have the potential of exceeding the County's self-insured retention and, if requested, provide such carriers with necessary information on the current status of such claims or losses.
i. Make recommendations and assist with selection of legal counsel to defend qualified claims or losses, if requested by Cowlitz County.
j. Assist the County's legal counsel, if requested, to prepare the defense of litigated cases, to negotiate settlements and to prepare for subrogation or contribution actions.
k. Monitor the treatment programs recommended for employees by physicians or specialists by reviewing all initial reports prepared by treating physicians and by maintaining such contact with treating physicians, as is appropriate.
l. Assist Cowlitz County, as requested, to interpret medical reports, to consider the circumstances under which an ill or injured employee, who desires to do so, could return to work in the shortest possible period of time.
m. Assist in arranging for rehabilitation or retraining of employees in appropriate cases with the cost of such rehabilitation to be borne by Cowlitz County.
n. Maintain a current estimate of the cost of all anticipated losses on each qualified claim or loss.
o. Provide narrative or analytical reports on major litigated cases, if requested by Cowlitz County.
p. Provide claims forms and other forms appropriate for the efficient operation of the selfinsurance program.
q. Furnish appropriate renewal application forms and file all renewal applications and periodic reports required by state regulatory or administrative agencies to maintain the self-insurance program.
r. Interface with and represent the County with state administrative or regulatory agencies in, including but not limited to, coordinating, reviewing and providing information, evidence, completion of forms and reports, communications, correspondence, conversations, attendance at meetings, and hearings regarding individual and aggregate workers’ compensation claims, the County’s self-insured workers’ compensation program, or other actions.
2. Medical Loss Control
a. Assist the County in connection with selection of physicians recommended for employee treatment especially for long-term or specialty care.
b. Consult with the County regarding independent medical exams.
c. Review medical provider bills for appropriateness of fees charged and facilitate all medical bill discounts and re -pricing.
d. Provide other services on an as-needed and as -requested basis at an agreed upon cost.
3. Employee Counseling
a. As directed by the County, provide information to ill or injured employees regarding the benefits available under the self-insurance program.
b. If requested, consult with employee groups in regard to specific aspects of the self-insurance program.
c. Assist the County in developing policies and procedures to ensure that an employee's return to work or reassignment is not inconsistent with any findings of an appropriate state administrative agency.
4. Settlement Administration
a. County authorization shall be obtained for all settlements.
b. Proposer shall have the capacity to issue checks for and on behalf of the County from a checking account established in the name of the administrator as agent of the County.
c. Administrator shall provide the County a weekly detailed accounting of all workers’ compensation benefits and allocated loss expenses paid from the fund with a detailed check register summary included.
d. Administrator shall be responsible for erroneous payments made from the account by their error. The amount of any such erroneous payments made from the account shall be deducted from administrative fee payments.
e. Administrator shall develop, implement and maintain physical and electronic security systems and procedures to ensure safeguard of funds in the account and the bank checks. Such procedures shall be approved by the County.
5. Program Development
a. Consult with key personnel of the County on the establishment of and coordination of necessary procedures and practices to meet any applicable state requirements and the needs of the County.
b. Participate in the orientation of the County's personnel who are directly or indirectly involved in the processing of workers' compensation claims or losses.
c. Provide information on changes or proposed changes in legislation, rules and regulations affecting the responsibility of the County.
d. Review the development of the self-insurance program periodically with representatives of the County in order to identify problems and recommend corrective action.
6. Reporting
a. A weekly draft Check Register on Tuesday and a final Check Register on Friday detailing all payments to be made for medical and/or death benefits and temporary or permanent time loss or disability compensation for the current week. This report shall include, at a minimum, the check number, claimant name, date, status, payment type, pay to, withdrawal and deposit information.
b. Monthly "Claim and Expense Reports" containing , at a minimum, the following information:
i. Individual qualified claim or loss beginning with the current agreement period forward and each claim loss from prior agreement periods since inception of self-insured program, 1978, the date and condensed description of the incident, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary, the total payments made during the month and to date, and estimated future costs and total expected cost of claim or loss.
ii. All qualified claims or losses beginning with the current agreement period forward and each of several successive prior agreement periods since inception of self-insured program, 1978, the total number of such claims or losses and summary data including, at a minimum, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary payments made during the month and to date and the estimated future costs including total expected cost of such claims or losses.
c. A quarterly "Loss Analysis Report" containing, at a minimum, summary data for each of the County's principal work groups, the total number of claims, total compensation, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary, medical payments made to date during current agreement period, the reserve costs, total expected cost of claims, all categorized by type, nature of incident and part of body involved.
d. An annual "Loss Analysis Report" containing, at a minimum, summary data for each of the County's principal work groups as to the total number of claims, all OSHA required information regarding days away from work, modified duty and any other identifying information necessary, total compensation and medical payments made to date during current agreement period, the reserve costs, total expected cost of claims, all categorized by type, nature of incident and part of body involved.
e. A comprehensive claim status report will be provided to the County in cases where the incurred value of the claim increases by ($10,000) ten thousand dollars and when claim exceeds a total incurred value of ($50,000) fifty thousand dollars.
f. Upon County request, contractor shall provide customized reports of claim information.
In the event the Contractor, or its agents or assigns, are unable to complete their work as scheduled, the contract period and compensation may be adjusted by mutual agreement of the County and Contractor.
COMPENSATION
1. a. FIXED FEE FOR SERVICE: For services rendered, the County shall pay to the Contractor a fixed fee of thirty-five thousand twenty-one dollars ($35,021.00) for the completed work set forth in Attachment “A”. Payments for completed tasks shall be made no more frequently than monthly; bi-monthly; quarterly; semi-annually; annually; at completion of project; other (specify):
During the contract period, the stated price for the services shall be adjusted annually based on the Consumer Price Index (CPI) as follows:
At the beginning of each contract period (October 1) and at the beginning of each of the two, one-year contract extensions, the prices shall be increased or decreased by an amount equal to the Greater Seattle Area CPI plus two percent of the previous year’s fee.
Each request for payment shall be supported by an invoice specifying the tasks completed up to the request for payment and the payment amount requested. In no event shall payment be sought in an amount which represents a percentage of the fee greater than the percentage of completed tasks.
OR
b. HOURLY RATES: For services rendered, the County shall compensate the Contractor at the following hourly rates:
Payments for completed tasks shall be made no more frequently than monthly; quarterly; semiannually; annually; at completion of project; other (specify):
Each request for payment shall be supported by an invoice specifying: the name/position of the Contractor’s employee if two or more are identified above; number of hours worked; completed tasks for which compensation is sought and; payment amount requested.
In no event shall Contractor be compensated in excess of for the completed work set forth in Attachment “A.”
2. AND
a. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel, telephone, computer, copiers and the like.
OR
b. The County shall reimburse the Contractor for actual expenses incurred for travel, telephone, copiers and computer. Reimbursement for airfare, mileage, meals and/or accommodations shall be at the same rate as that applicable to county employees traveling on county business.
OR
c. Other (specify) The County, in addition to the compensation set forth shall provide to the Contractor the following:
GENERAL CONDITIONS
1. Scope of Contractor's Services. The Contractor agrees to provide to the County services and any materials set forth in the project narrative identified as Attachment A during the agreement period. No material, labor, or facilities will be furnished by the County, except as provided for herein.
2. Accounting and Payment for Contractor Services Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment B unless specifically stated in Attachment B, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract.
3. Delegation and Subcontracting. Contractor's services are deemed personal and no portion of this contract may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the County Project Manager.
4. Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer/employee or master/servant.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment B and the Contractor is not entitled to any county benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to Cowlitz County employees. The Contractor represents that it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington
In the event that either the state or federal government determines that an employer/employee or master/servant relationship exists rather than an independent contractor relationship such that Cowlitz County is deemed responsible for federal withholding, social security contributions, workers compensation and the like, the Contractor agrees to reimburse Cowlitz County for any payments made or required to be made by Cowlitz County. Should any payments be due to the Contractor pursuant to this Agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed.
Notwithstanding any determination by the state or federal government that an employer/employee or master/servant relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Cowlitz County provides to its employees.
5. No Guarantee of Employment. The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future.
6. Regulations and Requirements This Agreement shall be subject to all federal, state and local laws, rules, and regulations.
7. Right to Review This contract is subject to review by any federal or state auditor. The County shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County Project Manager. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six (6) years after contract termination, and shall make them available for such review, within Cowlitz County, State of Washington, upon request, during reasonable business hours.
8. Modifications. Either party may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties.
9. Termination for Default If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. Mail, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor agrees to bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.
10. Termination for Public Convenience. The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County.
11. Termination Due to Insufficient Funds . If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate this contract upon thirty (30) days written notice to the Contractor. No penalty or expense shall accrue to the County in the event this provision applies.
12. Termination Procedure. The following provisions apply in the event that this Agreement is terminated:
(a) The Contractor shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any.
(b) The Contractor shall provide the County with an accounting of authorized services provided through the effective date of termination.
(c) If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the Contractor that the County determines necessary to protect itself against loss or liability.
13. Defense and Indemnity Agreement. To the fullest extent permitted by law and except to the extent caused by the sole negligence of the County, the Contractor shall indemnify, defend and hold the County and its appointed and elected officers, agents and employees, and volunteers, harmless from and against any and all claims for any injuries, death or damage to persons or property (including any loss of use resulting therefrom), directly or indirectly arising out of, resulting from, or in connection with performance of this Agreement. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any subcontractor or its employees. Contractor expressly agrees to indemnify, defend and hold harmless the County from any claims arising out of or incident to either Contractor’s or its Subcontractor’s performance or failure to perform the Agreement.
It is further agreed by and between the parties that in no event shall any County appointed or elected officer, agent, employee, or volunteer, when executing their official duties in good faith, be in any way personally liable or responsible for any agreement or performance contained herein, whether express or implied, nor for any statement or representation made herein or in any connection with this Agreement.
14. Industrial Insurance Waiver. With respect to the performance of this Agreement and as to claims against the County, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or
hereafter amended, or other worker’s compensation act, disability benefit act, or other employee benefit act of any jurisdiction otherwise applicable, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.
15. Venue and Choice of Law In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Cowlitz. This Agreement shall be governed by the law of the State of Washington.
16. Withholding Payment. In the event the County Project Manager determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the County Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Co ntractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the County Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this Agreement. The County may act in accordance with any determination of the County Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this clause.
17. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw.
18. Contractor Commitments, Warranties and Representations. Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.
19. Patent/Copyright Infringement. Contractor will defend, indemnify and save harmless County, its appointed and elected officers, agents and employees from and against all loss or expense, including but not limited to claims, demands, actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of the Contractor’s alleged infringement on any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County, its appointed and elected officers, agents and employees in any action. Such defense and payments are conditioned upon the following:
(a) That Contractor shall be notified promptly in writing by County of any notice of such claim.
(b) Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County.
20. Disputes.
(a) General. Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive
thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.
In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence in support of the appeal. Oral argument and live testimony will not be permitted. The decision of the County Project Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Cowlitz County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered.
(b) Notice of Potential Claims. The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional.
(c) Detailed Claim. The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due.
21. Ownership of Items Produced and Public Disclosure. All writings, programs, data, art work, music, maps, charts, tables, illustrations, records or other written, graphic, analog or digital materials prepared by the Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement shall be the sole and absolute property of the County and constitute "work made for hire" as that phrase is used in federal and/or state intellectual property laws and Contractor and/or its agents shall have no ownership or use rights in the work. Except as to data or information in the public domain or previously known to Contractor or required to be disclosed by law, subpoena or other process, the following shall apply:
(a) Correspondence, emails, reports and other electronic or written work product will be generated between the Contractor and County during the course of this Contract. This Contract and such work product in the possession of Contractor may be deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the County shall be required, upon request, to disclose this Contract and all documents related to it unless an exemption under the Public Records Act or other laws applies. Contractor shall fully cooperate with and assist the County with respect to any request for public records received by the County related to the services performed under this Contract.
(b) Should County receive a request for disclosure, County agrees to provide Contractor ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Contractor to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Contractor, including any damages, attorney’s fees or costs awarded by reason of having opposed disclosure, and further provided that County shall not be liable for any release where notice was provided and Contractor took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to Contractor according to the “Notice” provision herein. If the Contractor has not obtained an injunction and served the County with that injunction by the close of business on the tenth business day after the County sent notice, the County will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the County’s ability to use goods and services provided under this Contract or (b) the Contractor obligations under this
Contract. The Contractor will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.
(c) Contractor’s failure to timely provide such records upon demand shall be deemed a material breach of this Contract. To the extent that the County incurs any monetary penalties, attorneys’ fees, and/or any other expenses as a result of such breach, Contract or shall fully indemnify and hold harmless County as set forth in Section 13. For purposes of this section, the terms “public records” and “agency” shall have the same meaning as defined by Chapter 42.56 RCW, as said chapter has been construed by Washington courts. The provisions of this section shall survive the expiration or termination of this Agreement.
22. Recovery of Payments to Contractor. The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this Agreement, including the satisfactory completion of the project described in the Scope of Work (Attachment A). In the event that the Contractor fails, for any reason, to perform obligations required of it by this Agreement, the Contractor may, at the County Project Manager's sole discretion, be required to repay to the County all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the County Project Manager by such failure to perform.
Interest shall accrue at the rate of 12 percent (12%) per annum from the time the County Project Manager demands repayment of funds.
23. Project Approval The extent and character of all work and services to be performed under this Agreement by the Contractor shall be subject to the review and approval of the County Project Manager. For purposes of this Agreement, the County Project Manager is:
Name: Shelley Pierce
Address: 207 Fourth Ave N, Room 308 Kelso, WA 98626
Phone: 360-577 -3065 ext. 6986
E-Mail: pierces@cowlitzwa.gov
In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the County Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor's right to appeal that decision as provided herein.
24. Non -Discrimination. The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap.
25. Subcontractors . In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this Agreement between the County and the Contractor. The Contractor shall insure that in all subcontracts entered into, County is named as an express third-party beneficiary of such contracts with full rights as such.
26. Third Party Beneficiaries. This agreement is intended for the benefit of the County and Contractor and not for the benefit of any third parties.
27. Standard of Care The Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession as Contractor currently practicing under similar circumstances. The Contractor shall, without additional compensation, correct those services not meeting such a standard.
28. Time is of the Essence Time is of the essence in the performance of this contract unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work.
29. Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, any notices shall be given by the Contractor to the County Project Manager. Notice to the Contractor for all purposes under this Agreement shall be given to the person executing the Agreement on behalf of the Contractor at the address identified on the signature page.
30. Severability. If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable.
31. Precedence. In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order:
(a) Applicable federal, state and local statutes, ordinances and regulations;
(b) Scope of Work (Attachment A) and Compensation (Attachment B);
(c) Special Terms and Conditions (Attachment D); and
(d) General Conditions (Attachment C).
32. Waiver. Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.
33. Attorney Fees. In the event that litigation must be brought to enforce the terms of this agreement, the prevailing party shall be entitled to be paid reasonable attorney fees.
34. Construction. This agreement has been mutually reviewed and negotiated by the parties and should be given a fair and reasonable interpretation and should not be construed less favorably against either party.
35. Survival. Without being exclusive, Paragraphs 4, 7, 13-19, 21-22 and 30-35 of these General Conditions shall survive any termination, expiration or determination of invalidity of this Agreement in whole or in part. Any other Paragraphs of this Agreement which, by their sense and context, are intended to survive shall also survive.
36. Contract Documents. The Contract Documents for this Agreement, except for modifications issued after execution of this Agreement, form a contract and all are as fully a part of the contract as if attached to this Agreement or repeated herein. The contract represents the entire and integrated Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. An enumeration of the contract documents is set forth below:
1. Notice of Award; and
2. Addenda; and
3. Agreement; and
4. Conditions of Cowlitz County Request For Proposals No. 2020-0006-01; and
5. Quoted proposal of Contractor dated August 26, 2024.
SPECIAL TERMS AND CONDITIONS AND RETIREMENT STATUS FORM
1. Reporting. The Contractor shall submit written progress reports to the County Project Manager as set forth below:
With each request for payment. Monthly. Quarterly. Semi-annually. Annually.
Project completion.
Other: as outlined in Attachment A – Scope of Work
Reports shall include any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope of Work, if any. Payments may be withheld if reports are not submitted.
2. Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the work, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The County, its appointed and elected officials, agents and employees, shall be specifically named as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided:
COMPREHENSIVE GENERAL LIABILITY:
Bodily injury, including death and property damage
ERRORS AND OMISSIONS or PROFESSIONAL
LIABILITY with an Extended Reporting Period
Endorsement (two year tail).
$1,000,000 per occurre nce
$2,000,000 Aggregate
$1,000,000 per occurrence
$2,000,000 Aggregate
WORKERS COMPENSATION: Statutory amount
AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles
Bodily injury, liability, including death, and $1,000,000 Combined Single Limit
Property damage liability
All Contractor’s and Contractor’s subcontractors’ insurance policies and additional named insured endorsements shall provide primary insurance coverage and be non-contributory. Any insurance, selfinsured retention, deductible, risk retention or insurance pooling maintained or participated in by the County shall be excess and not contributory to such insurance policies. All Contractor’s and Contractor’s subcontractors’ liability insurance policies must be endorsed to show this primary coverage.
Upon request, the Contractor shall provide a full and complete certified copy of all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the requirements of this Agreement. Additionally, the County reserves the right, but not the obligation, to review and reject any proposed insurer providing coverage based upon the insurer’s financial condition or licensing status in Washington. Any deductibles and/or self-insured retentions exceeding $10,000, stop loss provisions, and/or exclusions contained in such policies must be approved by the County in writing. For any deductibles or self-insured retentions exceeding $10,000 or any stoploss provisions, the County shall have the right to request and review the Contractor’s most recent annual financial reports and audited financial statements as a condition of approval.
Contractor hereby agrees to a waive subrogation with respect to each insurance policy maintained under this Agreement. When required by an insurer, or if a policy condition does not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre-loss basis.
The County, its departments, elected and appointed officials, employees, agents and volunteers shall be named as additional insureds on Contractor’s and Contractor’s subcontractors’ insurance policies by way of endorsement for the full available limits of insurance maintained by the Contractor and subcontractor, and all coverage shall be primary and non-contributory. A statement or notation of additional insured status on a Certificate of Insurance shall not satisfy these requirements. [This endorsement sha ll not be required if the Contractor is a governmental entity and is insured through a governmental entity risk pool authorized by the State of Washington.]
The Contractor shall, for each required insurance policy, provide a Certificate of Insurance, with endorsements attached, evidencing all required coverages, limits, deductibles, self-insured retentions and endorsements and which is conditioned upon the County receiving thirty (30) days prior written notice of reduction in coverages, cancellation or non-renewal. Each Certificate of Insurance and all insurance notices shall be provided to: ATTN: Project Manager, Darren Ullmann, Undersheriff, 312 SW 1st Ave, Kelso, WA 98626 This Agreement shall be void ab initio if the proof of coverage is not timely supplied.
The insurance maintained under this Agreement shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement. All insurance policy deductibles and self-insured retentions for policies maintained under this Agreement shall be paid by the Contractor.
Compensation and/or payments due to the Contractor under this Agreement are expressly conditioned upon the Contractor’s strict compliance with all insurance requirements. Payment to the Contractor shall be suspended in the event of non-compliance. Upon receipt of evidence of Contractor’s compliance, payments not otherwise subject to withholding or set-off will be released to the Contractor. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.
If the Errors and Omissions or Professional Liability insurance obtained is an occurrence policy as opposed to a claims -made policy, the Extended Reporting Period Endorsement is not required.
2. Liquidated Damages. For delays in timely completion of the work to be done or missed milestones of the work in progress, the Contractor shall be assessed Dollars ($ ) per day as liquidated damages and not as a penalty because the County finds it impractical to calculate the actual cost of delays. Liquidated damages will not be assessed for any days for which an extension of time has been granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire project.
3. Other (specify):
COUNTY RETAINS THIS FORM
4. WA Department of Retirement Systems: Independent Contractor Verification and State Retirement Status Reporting Form [WAC 415-02-110; DRS Email 13-011; DRS Email 09-001]
SECTION 1: INDIVIDUAL CONTRACTOR COMPLETES THIS SECTION AND SIGNS:
Did you retire from one of the State of Washington Retirement Systems? YES NO
Did you retire before age 65 using the 2008 early retirement factors (ERF)? YES NO
Will you be receiving direct compensation for your services?
Will you be receiving indirect compensation for your services?
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?
Officers’ & Fire Fighters’ Retirement System (LEOFF)
State Patrol Retirement System (WSPRS)
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
Consent B. 5.
BOCC Agenda
Meeting Date: 03/11/2025
Cowlitz County Law Enforcement Shooting Range Memorandum of Agreement between Cowlitz County Sheriff and Washington Department of Fish & Wildlife
Submitted For: Katrina Harris
Department: Sheriff
Subject and Summary Statement
Submitted By: Katrina Harris
Information
Cowlitz County entered into a lease agreement with Cowlitz Game and Anglers, Inc. in October of 2019 for the Cowlitz County Public Shooting Range. The Cowlitz County Sheriff's Office then entered into a sublease agreement with Cowlitz Game and Anglers, Inc. on January 7, 2025. Both the 2019 Lease and the Sublease provide that other law enforcement agencies or criminal justice agencies are authorized to use the LE Range, provided that each of those agencies has entered into a Memorandum of Agreement with the Sheriff.
This is the Memorandum of Agreement between Cowlitz County Sheriff’s Office and Washington Department of Fish and Wildlife for the use of the range for law enforcement firearms training activities. This MOA is for the period of January 1, 2025 through December 31, 2025.
Will Staff Attend - NAME OF STAFF
Yes - Sheriff Thurman or designee
Department Recommendation
Staff recommends the Cowlitz County Commissioners acknowledge and approve the signed Memoradum of Agreement between the Cowlitz County Sheriff and Washington Department of Fish and Wildlife for the use of the Law Enforcement Range located at Cowlitz Game and Anglers, Inc. for the period of January 1, 2025 through December 31, 2025.
Attachments
Cowlitz County Law Enforcement Shooting Range Memo of Agreement between Cowlitz County Sheriff and Washington Department of Fish and Wildlife
Attachment C
Attachment A
Attachment B
Attachment D
Inbox
Brad Thurman
Form Started By: Katrina Harris
Final Approval Date: 03/05/2025
Form Review
Reviewed By Date
Brad Thurman
03/03/2025 02:46 PM
Started On: 03/03/2025 11:37 AM
COWLITZ COUNTY LAW ENFORCEMENT SHOOTING RANGE
MEMORANDUM OF AGREEMENT BETWEEN COWLITZ COUNTY SHERIFF AND
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
This Memorandum of Agreement (“MOA”) defines the rights and responsibilities of the WASHINGTON DEPARTMENT OF FISH AND WILDLIFE, a law enforcement agency (hereafter “Agency ”), and the Cowlitz County Sheriff, (the “Sheriff”), regarding the use of the real property commonly referred to as the Cowlitz County Law Enforcement Shooting Range, legally described in Exhibit B attached hereto (the “LE Range”).
RECITALS
A. In October 2019, Cowlitz County entered into a lease agreement (the “2019 Lease”) with Cowlitz Game and Anglers, Inc (“CG&A”), in which Cowlitz County leased to CG&A certain real property commonly referred to as the Cowlitz County Public Shooting Range, legally described in the 2019 Lease, a true and correct copy of which is attached hereto as Exhibit A.
B. On Aug 22, 2023, the Sheriff entered into a sublease agreement with CG&A to sublease the LE Range from CG&A (the “Sublease”). A true and correct copy of the Sublease is attached hereto as Exhibit C
C. Both the 2019 Lease and the Sublease provide that other law enforcement agencies or criminal justice agencies are authorized to use the LE Range, provided that each of those agencies shall have entered into a Memorandum of Agreement with the Sheriff.
D. This MOA operates as the agreement between the Sheriff and Agency for use of the LE Range, consistent with the 2019 Lease and the Sublease.
NOW, THEREFORE, the Sheriff and Agency agree as follows regarding Agency’s use of the LE Range:
AGREEMENT
1. Incorporation of Recitals. The above Recitals are hereby incorporated into the substantive provisions of this MOA.
2. Purpose of MOA. The purpose of this MOA is to set forth the terms and conditions by which the Sheriff will provide access to the LE Range for use by Agency for law enforcement firearms training activities.
3. Term. This MOA shall take effect on 1/1/25 and terminate on 12/31/25.
4. Scope of Law Enforcement Firearms Training Activities. Agency may use the LE Range only for the following firearms training activities: any live fire shooting practice to include handgun, shotgun and rifle training and maintenance, chemical munition training, reality-based scenario training, use of force, less lethal munition training, or any other law enforcement training deemed necessary by the Agency, provided the Sheriff or designee has given prior written approval and the training falls within acceptable use by the Special Use Permit on file.
5. Use and Cost Schedule. Agency’s use of the LE Range shall be in accordance with and as detailed in Exhibit D Agency shall be charged true and fair value for use of the LE Range based on actual time scheduled, consistent with Exhibit D.
6. Agency Responsibilities. Agency agrees to use the LE Range consistent with: (1) this Agreement; (2) the 2019 Lease (Exhibit A); (3) the Sublease (Exhibit C); and (4) the Special Use Permit governing the Cowlitz County Public Shooting Range, as amended by the Cowlitz County Hearing Examiner.
7. Authorized Personnel Only. Agency agrees that only qualified law enforcement personnel employed by Agency are to use the LE Range.
8 Access to and Maintenance of Records. Agency shall maintain internal controls, accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the Sheriff, for a period of six (6) years to ensure proper accounting and compliance with this Agreement. Agency acknowledges that records may be subject to disclosure under the Public Records Act, Chapter 42.56 RCW.
Agency agrees that the Sheriff or any duly authorized representatives shall have at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of Agency which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions.
9. Termination. Either party may terminate this MOA upon giving the other party at least 30 days’ advance written notice. In that event, the Sheriff will be entitled to payment only for Agency’s use actually incurred prior to the effective date of the termination, consistent with Exhibit D.
10. Governing Laws. This MOA shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any dispute regarding or arising out of this MOA shall be Cowlitz County Superior Court.
11. The Parties’ Representatives. The parties’ designated representatives shall be responsible for the administration of this MOA and for receiving notices given in connection with this MOA The following are designated as the representatives of the parties:
For the Sheriff:
Name: Brad Thurman
Title: Sheriff
Address: 312 SW First Avenue Kelso, WA 98626
Telephone: 360-577-3092
E-mail: thurmanb@cowlitzwa.gov
For Agency:
Name: Officer Brandon Chamberlin
Address: Region 5, Southwest Washington 5525 S. 11th St. Ridgefield, WA 98642
Telephone: 360-696-6211
Email: Brandon.Chamberlin@dfw.wa.gov
12. Notices. Any notice required or permitted to be made under this MOA may be given personally, by facsimile, or by first-class, registered or certified mail. A notice personally delivered to the other party is deemed given upon proper delivery. A notice sent by first-class, registered or certified mail is deemed given three days after mailing, if properly addressed and having proper postage. Notices delivered by facsimile shall be deemed to have been given on the date of transmission if received during the recipient’s business day or, if not, on the recipient’s next business day.
13. Mutual Indemnity. To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers.
In the event of any concurrent act or omission of the parties, each party shall pay its proportionate share of any damages awarded. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration.
14. Survival of Indemnity Obligations. The parties agree all indemnity obligations shall survive the completion, expiration or termination of this MOA.
15. Compliance with Laws. Agency and its officials, officers, employees, and agents shall comply with all applicable federal, state, and local laws, regulations, rules, and policies. The Sheriff shall have no obligation to ensure such compliance.
16. No Third-Party Rights; Non-Assignable. This MOA is entered into by the parties solely for their own benefit, and it creates or grants no rights of any kind to any other party. Agency shall not assign any of its rights or delegate any of its duties under this MOA without the prior express written consent of the Sheriff, which may be granted or refused at the Sheriff’s sole discretion.
17. Waiver. No term or condition of this MOA shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver of any breach of this MOA shall not be deemed a waiver of any prior or subsequent breach.
18. Amendment This MOA can only be amended in writing, and only upon execution by both parties.
19. Entire Agreement. The parties acknowledge that this MOA is the complete expression of their agreement regarding the subject matter of this MOA. Any oral or written representations or understandings not incorporated into this MOA are specifically excluded.
20. Headings. The headings in this MOA are for convenience only and shall not be deemed to affect the meaning of its provisions.
21. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the remaining provisions that can be given effect without the invalid provision, provided that the underlying intent of the parties can still be given effect.
22. Signature Authority. Each person signing this MOA on behalf of a party warrants that he or she has full authority to sign this MOA on that party’s behalf.
23. Counterparts This MOA may be executed in counterparts, each of which shall be deemed an original and all of which together shall be deemed one agreement. Each counterpart may be executed and delivered by facsimile to the other party.
24. Attachments. The following Exhibits are incorporated into this MOA by reference.
a. Exhibit A – 2019 Lease Agreement between Cowlitz Game & Anglers and Cowlitz County
b. Exhibit B – Legal Description of the Cowlitz County Law Enforcement Shooting Range
c. Exhibit C – 2023 Sublease between Cowlitz Game & Anglers and the Cowlitz County Sheriff
d. Exhibit D – Law Enforcement Range Use and Cost Schedule
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , 2025.
WASHINGTON DEPARMENT OF FISH AND WILDIFE
BOCC Agenda
Meeting Date: 03/11/2025
RESOLUTION - CRP NO. 818 - E Canyon View Drive Slide Repair - Project No. 1524
Submitted For: Susan Eugenis, Public Works
Submitted By: Emilie Cochrane, Public Works Department: Public Works
Information
Subject and Summary Statement
Attached is County Road Project No. 818 for the East Canyon View Drive Slide Repair Project. On January 29, 2025, a portion of the roadway embankment slid down the slope. This project will repair the damaged roadway embankment.
At this time, staff is requesting authorization for engineering and right of way acquisition in the amount of $70,000.
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 CRP No. 818 for the East Canyon View Drive Slide Repair project.
Fiscal Impact
Expenditure Required $: 70,000
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds - What Dept ? : Roads
Grant Y-N:
CRP No. 818 Vicinity Map
Inbox
Roger Maurer
Susan Eugenis
Mike Moss, Public Works
Form Started By: Emilie Cochrane
Attachments
Form Review
Reviewed By Date
Roger Maurer 03/04/2025 04:12 PM
Susan Eugenis 03/04/2025 04:19 PM
Mike Moss 03/05/2025 11:09 AM
Started On: 03/03/2025 12:29 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
In the Matter of Initiating a County Road Project Designated as C.R.P. No. 818 ; Project No. 1524
IT IS HEREBY RESOLVED THAT (EAST CANYON VIEW DRIVE ), State Road Log No. 12480 from Milepost 0.27 to Milepost 0.30 be improved as provided below:
) Arterial ( )
Repair roadway embankment damaged by a landslide.
) Collector ( )
) Access ( X )
This project is hereby declared to be a public necessity and the County Road Engineer is hereby ordered and authorized to report and proceed thereon as by law provided. (RCW 36.75.050, 36.80.030, 36.80.070)
IT IS FURTHER RESOLVED THAT an appropriation from the officially adopted road fund budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown:
PURPOSE
(Not subject to 36.77.060)
Contributions from Other Funds
AMOUNT OF APPROPRIATION
70,00 0.00
70,00 0.00
( ) This project is included in the officially adopted annual road program as Item . (X) The project is hereby made a part of the officially adopted annual road program in accordance with RCW 36.81.130.
IT IS FURTHER RESOLVED THAT:
(X ) The construction is to be accomplished by contract in accordance with RCW 36.77.020. et.seq.
( ) The construction is to be accomplished by county forces in accordance with RCW 36.77.060 and WAC 136 -18.
ADOPTED this ______ day of _________________, 20 25.
BOARD OF COUNTY COMMISSIONERS ATTEST: OF COWLITZ COUNTY, WASHINGTON
Kelly Grayson
Richard R. Dahl, Chairman Clerk of the Board
Steve Rader,
Commissioner
Steven L. Ferrell, Commissioner
BOCC Agenda
Meeting Date: 03/11/2025
Agenda
Information
RM is looking to gain BOCC approval to rescind 24-059 and update WCRP resolution.
Attachments
2025 WCRP Resolution
Form Started By: Shelley Pierce
Final Approval Date: 03/03/2025
Form Review
Started On: 02/26/2025 03:14 PM
BEFORE THE BOARD COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON RESOLUTION
IN THE MATTER OF CONTINUING RELATIONSHIPS WITH THE WASHINGTON COUNTIES RISK POOL AND THE RELATED APPOINTMENTS AND DESIGNATIONS OF/FOR EACH MEMBER COUNTY.
WHEREAS, several Washington counties agreed to the creation of the Washington Counties Risk Pool (“Pool”), organized and operating under Chapters 48.62 and 39.34 RCW, to provide to its member counties programs of joint self-insurance, joint purchasing of insurance, and joint contracting for or hiring of personnel to provide risk management, claims handling, and administrative services; and
WHEREAS, the Pool’s Interlocal Agreement and Bylaws, and policies of its Board of Directors require appointees and/or designees from each member county; that is:
a)Director / Alternate Director (Article 8 of the Interlocal Agreement and Article 2 of the Bylaws) – officers or employees of each Pool member county that are appointed by and serve at the pleasure of the respective county’s legislative authority;
b)County Risk Manager (Article 11(b) of the Interlocal Agreement) – an employee of each Pool member county appointed to serve as a liaison between the County and the Pool as to risk management and who is responsible for the risk management function within the County;
c)County Safety Officer (Article 11(c) of the Interlocal Agreement) – an active employee designated by each Pool member county who, along with a related committee, are maintained to consider all recommendations concerning the development and implementation of a loss control policy to prevent unsafe practices; and
d)County Claims Administrator (sections B.6, C and E.1.b of the Pool Board of Directors’ Claims Handling Policies and Procedures) – each Pool member county’s must designate someone to administer civil claims, with whom incidents should be immediately reported to, who is responsible for sending all claims and lawsuits and reporting various known incidents to the Pool, and with whom the Pool will coordinate the County’s claims administration;
NOW, THEREFORE, BE IT RESOLVED… that Cowlitz County hereby confirms the appointment or designation of the following individuals for the applicable and required relationships with the Washington Counties Risk Pool:
Director: Steve Rader Commissione r raders@cowlitzwa.gov 360-5773020 Ext. 6704
Alternate Director: Steven L. Ferrell Commissione r ferrells@cowlitzwa.gov 360-5773020 Ext. 6702
2nd Alternate Director *: Kathy FunkBaxter Finance Manager funkbaxterk@cowlitzwa.gov 360-5773032 Ext. 6984
Risk Manager: Shelley Pierce Risk & Safety Manager Pierces@cowlitzwa.gov 360-5773065 Ext. 6989
______________ County, Washington
RESOLUTION __________
Page 2 of 2
Claims Administrato r: Shelley Pierce
Safety Officer: Shelley Pierce
Prosecuting Attorney:
(Civil)
Deputy Pros. Atty. *:
* Optional
Ryan Jurvakaine n
Risk & Safety Manger
Risk & Safety Manager
Prosecuting Attorney
Douglas Jensen Chf Civ. Pros. Atty
Pierces@cowlitzwa.gov 360-5773065 Ext.6989
Pierces@cowlitzwa.gov 360-5773065 Ext. 6989
jurvakainen.ryan@cowlitzwa.g ov 360-5773080
jensend@cowlitzwa.gov 360-5773080
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and shall supersede any prior conflicting action(s); and
BE IT STILL FURTHER RESOLVED that the clerk of this body shall forward a copy of this resolution, once completed, to the attention of Executive Director Derek Bryan at the Washington Counties Risk Pool, 2558 R W Johnson Rd. SW, Suite 106, Tumwater, WA 98512-6113.
PASSED this day of , 20
(Add desired form approval, signature block, and attestation.)
AS-14065
BOCC Agenda
Meeting Date: 03/11/2025
FERC Notice 2/20/25 Merwin Geologic Reconnaissance Report, Merwin Project
Submitted For: Kelly Grayson, Clerk of the Board
Submitted By: Kelly Grayson, Clerk of the Board
Department: Commissioners Office
Subject and Summary Statement
Consent 8. a.
Information
Federal Energy Regulatory Commission (FERC) Notice dated 2/20/25 regarding the Merwin Geologic Reconnaissance Report, Merwin Project.
Will Staff Attend - NAME OF STAFF Department Recommendation
Notice
Form Started By: Kelly Grayson
Final Approval Date: 03/04/2025
Attachments
Form Review
Started On: 03/04/2025 03:19 PM
BOCC Agenda
Meeting Date: 03/11/2025
Amendment to Prestige Northwest Contract
Submitted For: Kathy Funk-Baxter
Submitted By:
Kathy Funk-Baxter Department: Office of Financial Management
Information
Subject and Summary Statement
Emergency procurement for water damage to Annex building was approved for expenditures up to $140,000. Contract secured with Prestige NW Construction Services for a total of $129,604.48 for restoration and remediation of water damage due to flooding events. During phase I of the project, asbestos and lead removal was performed which was not in the original contract as well as additional materials that will now be required in restoration due to those items not anticipated in the original bid to be removed. Contract including change orders, will increase by $23,746.90 to a total of $153,351.48. This increase is $13,351.48 above the original emergency procurement approval. Additionally, seeking to allow progress billings for the overall contract as remediation services are complete and to continue to have the project expeditiously completed.
Will Staff Attend - NAME OF STAFF
Shelley Pierce, Risk Manager
Department Recommendation
Approve contract increase for Prestige NW Construction Services for a total contract amount not to exceed $153,351.38 and to allow for progress billings for payments.
Attachments
Original Contract Prestige NW Construction Services
Change order 1 -3
Emergency procurement
Form Started By: Kathy Funk-Baxter
Final Approval Date: 03/03/2025
Form Review
Started On: 03/03/2025 08:24 AM
