Regular Public Meeting 06.23.26 by cowlitzwa.gov

Board of Cowlitz County Commissioners

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

June 23, 2026, 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

• Invocation by Invitation

• Pledge of Allegiance

• Minutes of June 8-9, 2026

• Consent Agenda of June 23, 2026

o Call for Bids

o Call for Hearing

o Agreements/Contracts/Bid Awards

o Resolutions

o Correspondence

• Motion Items

• Public Comments

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917 Live Stream

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Bids

Sheriff Department

Print Agenda

1. Request for Qualifications to identify Qualified Nonprofit Organizations to provide animal care, housing, foster placement, and adoption services for animals. Submissions will be due July 30, 2026, at 4:00 p.m. (229577)

Emergency Management

2. Request for Proposals for a Qualified Firm or Consultant to conduct a Comprehensive After-Action Review (AAR) of preparedness, response, coordination, communications, operational effectiveness, resource management, public information activities, responder safety, and recovery efforts after the recent hazardous materials incident in Cowlitz County scheduled for July 10, 2026, at 4:00 p.m (229618)

Public Works

3. Call for Bids for the South Toutle Road Headwall Repair Project scheduled for July 27, 2026, at 1:30 p.m. (229599)

Call for Hearing

Public Works

4. Call for Public Hearing to consider amending Cowlitz County Code 12.21, Utility Installations Upon County Roads Rights-of-Way scheduled for July 14, 2026, at 10:00 a.m. (229621)

ZOOM Link KLTV Link

June 23, 2026, 9:00 a.m.

Agreements/Contracts/Bid Awards

Commissioners

5. Memorandum of Understanding Between the Coroner and The Board of County Commissioners for Cowlitz County - Public Record. (229308)

6. Memorandum of Understanding Between the Assessor and The Board of County Commissioners for Cowlitz County - Public Record. (229306)

Finance Department

7. Agreement with the Port of Kalama to provide funding for its Trails and Path Section connecting south Toteff Road and North into the Kalama Pedestrian Bridge. The total amount is $50,000 from Statewide Fuel Taxes dedicated to Paths and Trails. (229333)

8. Interlocal Agreement with the City of Woodland for 2026 Rural Public Facilities Grant for the North Pekin Road Water Project The total grant amount is $576,000. (229267)

9. Interlocal Agreement with the City of Castle Rock for 2026 Rural Public Facilities Grant for the Dougherty Sewer Force Main Extension. The total grant amount is $365,500. (229261)

10.Interlocal Agreement with Cowlitz Economic Development Council for 2026 Rural Public Facilities Grant for Kalama Community Action Plan. The total grant amount is $40,000. (229263)

Corrections Department

11.Amendment to the Contract with the Washington State Health Care Authority for the purpose of developing, implementing and continuing to expand Medication for Opioid Use Disorder (MOUD) and Medications for Alcohol Use Disorder (MAUD) in jails program extending the contract until June 30, 2027. The total increase is $437,000 for a total compensation amount of $2,180,261. (229412)

Event Center

12.Agreement with Fine Design Group for a public facing Tourism Website. The total amount is $121,000 from the Lodging Tax Funds. (229608)

13.Amendment No. 2 to the Personal Services Agreement with Gibbs & Olson, Inc. for continued engineering, design, and permitting services associated with the Cowlitz County Event Center RV Park project. (229620)

Public Works

14.Bid Award to Lakeside Industries, Inc. for Asphalt Materials through June 30, 2027. (229492)

15.Bid Award to J.L. Storedahl & Sons, Inc. for transportation of rock materials to the Headquarters Landfill. The total cost is $484,273.05. (229491)

Resolutions

Finance Department

16.Resolution Closing Cowlitz County Café Food Services Petty Cash Fund. (229400) Correspondence

17.Letters/Notices

a. Affidavit of Posting the Resume for the month of April & May 2026. (229520)

b. Federal Energy Regulatory Commission (FERC) Notice dated 6/11/26 regarding Early Warning Sirens Repair and Testing, Merwin, Yale, and Swift No. 1 Projects. (229382)

Vouchers

Regular Public Meeting

June 23, 2026, 9:00 a.m.

The following vouchers/warrants are approved for payment.

18.Voucher ratification for Drainage Improvement District No. 1 for the expenses incurred in April 2026 for $7,524.95. (229257)

Motion Items

Human Resources

19.Collective Bargaining Agreement with Teamsters Local 58 Correction Sergeants for January 1, 2025, through December 31, 2028. (229595)

Updates

Chairman Updates

Upcoming Meetings:

• Tuesday, June 30th @ 10 a.m. – Board of Health

• Tuesday, July 7th @ 10 a.m. – Mount St. Helens Bullet Point Discussion

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.

Regular Public Meeting

June 23, 2026, 9:00 a.m.

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: 6/ 23/ 2026

Memorandum of Understanding Between the Coroner of Cowlitz County and The Board of Commissioners for Cowlitz County- Public Records

Submitted By: Bailey Silva, Public Records Manager

Submitted For: Bailey Silva, Public Records Manager

Department: Commissioners Information

Subject and Summary Statement

This Memorandum of Understanding (" MOU") is entered into by and between the Cowlitz County Board of Commissioners and Dana Tucker ( the " Independent Elected Official"), as of June 23rd, 2026 ( the " Effective Date"). The purpose of this MOU is to establish a process to be followed when Cowlitz County receives a public records request related to the Independent Elected Official' s office that requires searching for electronic communication records maintained on Cowlitz County Information Technology communication platforms related to that Independent Elected Official' s office.

Staff Attendance

Bailey Silva

Department Recommendation

Approval

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CORONER OF COWLITZ COUNTY

AND THE BOARD OF COMMISSIONERS FOR COWLITZ COUNTY — PUBLIC RECORDS

This Memorandum of Understanding (" MOU") is entered into by and between the Cowlitz County Board of Commissioners and Dana Tucker (the " Independent Elected Official"), as of June 23rd, 2026 ( the " Effective Date"). The purpose of this MOU is to establish a process to be followed when Cowlitz County receives a public records request related to the Independent Elected Official' s office that requires searching for electronic communication records maintained on Cowlitz County Information Technology communication platforms related to that Independent Elected Official' s office.

Cowlitz County is an " agency" under the Public Records Act (" PRA") and must respond to requests for " public records." " Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. RCW 42. 56. 010( 3).

For electronic communication searches involving Microsoft Teams, Barracuda archives, email systems, or other electronic communication platforms maintained by Cowlitz County Information Technology, the parties agree to employ the following process:

1. The Public Records Officer shall identify, to the extent reasonably possible, the custodians, date ranges, search terms, communication platforms, and subject matter relevant to the request.

2. Information Technology staff or Public Records staff may conduct a system level search of County- managed electronic communication platforms, including Barracuda archives; Microsoft 365 environments; Microsoft Teams chats, channels and accounts.

3. Search results will be provided to the Public Records Officer or their designee, who shall conduct an initial review of the records for responsiveness to the records request, duplication, and exemptions.

4. The Public Records Officer will complete the PRA review and response process, communicating as needed with the Independent Elected Official' s office regarding questions related to the content, context, retention, responsiveness, potential exemptions, or any other issues necessary to complete the PRA review and response process.

5. The Independent Elected Official' s office may request supplemental searches, modified search terms, identify additional custodians of records, or expand date ranges if reasonably necessary to ensure an adequate search.

6. The parties acknowledge that nothing in this MOU alters the independent legal responsibilities of either party under the Public Records Act or diminishes the Independent Elected Official' s constitutional and statutory independence and autonomy.

7. Neither the Public Records Officer nor Information Technology staff will access, open, read, or disclose the electronic work product of the Independent Elected Official' s office except as necessary to respond to specific public records requests received by Cowlitz County within the course and scope of this MOU. Upon request of the Independent Elected Official' s office, the Public Records Officer and/or IT staff will provide activity logs or similar electronic records/ information showing what data has been accessed for the Independent Elected Official's office's audit purposes for compliance with this provision.

8. This MOU may be terminated at any time by either party.

9. The term of this MOU commences on the Effective Date and will continue in effect for the duration of the Independent Elected Official' s current term of office, unless terminated earlier. This MOU terminates automatically at the end of the Independent Elected Official' s current term of office.

Approved: COWLITZ COUNTY CORONER

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

Attest: Clerk of the Board

Dana Tucker

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Memordandum of Understanding Between the Assessor of Cowlitz County and The Board of Commissioners for Cowlitz County- Public Records

Submitted By: Bailey Silva, Public Records Manager

Submitted For: Bailey Silva, Public Records Manager

Department: Commissioners

Subject and Summary Statement

This Memorandum of Understanding (" MOU") is entered into by and between the Cowlitz County Board of Commissioners and Emily Wilcox ( the " Independent Elected Official"), as of June 23rd, 2026 ( the " Effective Date"). The purpose of this MOU is to establish a process to be followed when Cowlitz County receives a public records request related to the Independent Elected Official' s office that requires searching for electronic communication records maintained on Cowlitz County Information Technology communication platforms related to that Independent Elected Official' s office.

Staff Attendance

Bailey Silva

Department Recommendation

Approval

MEMORANDUM OF UNDERSTANDING BETWEEN

THE ASSESSOR OF COWLITZ COUNTY

AND THE BOARD OF COMMISSIONERS FOR COWLITZ COUNTY — PUBLIC RECORDS

This Memorandum of Understanding (" MOU") is entered into by and between the Cowlitz County Board of Commissioners and Emily Wilcox (the " Independent Elected Official"), as of June 23rd, 2026 ( the " Effective Date"). The purpose of this MOU is to establish a process to be followed when Cowlitz County receives a public records request related to the Independent Elected Official' s office that requires searching for electronic communication records maintained on Cowlitz County Information Technology communication platforms related to that Independent Elected Official' s office.

1. The Public Records Officer shall identify, to the extent reasonably possible, the custodians, date ranges, search terms, communication platforms, and subject matter relevant to the request.

8. This MOU may be terminated at any time by either party.

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

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

Attest: Clerk of the Board

Wilcox

Emily

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Agreement- Cowlitz County Path and Trails- Port of Kalama

Submitted By: Taunya Richardson, Senior Budget Analyst

Submitted For: Shawn Roewe, Finance Director

Department: OAS- Finance

Information

Subject and Summary Statement

Attached is an agreement with the Port of Kalama to provide funding assistance for its trails and path section connecting south to Toteff Road and north into the Kalama pedestrian bridge in the amount of$ 50,000 utilizing the County's share of statewide fuel taxes dedicated to Paths and Trails.

Staff Attendance

Shawn Roewe

Department Recommendation

It is the recommendation that the Board move to enter into this agreement with the Port of Kalama.

AGREEMENT BETWEEN COWLITZ COUNTY AND PORT OF KALAMA

THIS AGREEMENT is made and entered into by and between COWLITZ COUNTY, a political subdivision of the State of Washington, hereinafter referred to as " COUNTY" and the PORT OF KALAMA, a municipality of Washington, hereinafter referred to as " PORT".

WHEREAS, COUNTY receives a distribution of statewide fuel taxes according to the provisions of RCW 46. 68. 090; and

WHEREAS, such funds may be expended as necessary for the planning, accommodation, establishment and maintenance of trails and paths; and

WHEREAS, " Trails" and " paths" are defined in RCW 47. 30. 005 as " a public way constructed primarily for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a City street or County road for the exclusive use of pedestrians." The term "trail" or "path" also includes a widened shoulder of a highway, street, or road when the extra shoulder width is constructed to accommodate bicyclists consistent with a comprehensive plan or master plan for bicycle trails or paths adopted by a state or local governmental authority either prior to such construction or prior to January 1, 1980; and

WHEREAS, the Port of Kalama has requested funding assistance from the Couty in the amount of 50,000 for its trails and path section connecting south to Toteff Road and north into the Kalama pedestrian bridge; and

IT IS THE PURPOSE OF THE AGREEMENT to provide funding assistance to the PORT from the COUNTY's share of statewide fuel taxes dedicated to paths and trails for the PORT's annual maintenance expense of the Port of Kalama path a trail system.

THERE, IT IS MUTUALLY AGREED THAT:

EFFECTIVE DATE

This Agreement shall be effective upon execution by both parties.

PAYMENT

Pursuant to the Agreement, COUNTY shall pay to the PORT the sum of$ 50,000 from the Cowlitz County Path and Trail Fund.

REPAYMENT GUARANTEES

In the event that tax proceeds have been disbursed to the PORT and the funds are not used for the intended purpose, the PORT hereby guarantees that it will refund to the COUNTY all such proceeds disbursed to it, together with accrued interest at the same rate as if the funds had been invested with the Washington State Local Government Investment Pool, provided that the PORT may deduct such amount as it shall have expended through the date on which a decision is made that the funds are not needed.

RECAPTURE

In the event tax proceeds have been disbursed to the PORT and the PORT fails to comply with the terms of this Agreement or to comply with applicable state law, COUNTY reserves the right to recapture funds in an amount necessary to compensate COUNTY for the noncompliance, in addition to any other remedies available at law or in equity. This paragraph shall survive any termination, expiration of determination of invalidity of this Agreement in whole or in part.

DISALLOWED COSTS

Each party is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors.

AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS

This Agreement may be changed, modified or amended by written Agreement executed by both parties.

ASSIGNMENT

This Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld.

CONTRACT MANAGEMENT

The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement.

The Program Manager for the County is:

Shawn Roewe, Finance Director ^ Cowlitz County Department of Administrative Services 1600 13th Avenue S. Kelso, WA 98626

Telephone: 360- 577- 3064

Email: shawnroewe@cowlitzwa. gov

The Program Manager for the Port is:

Eric Yakovich, Director of Economic Development

Port of Kalama

110 West Marine Drive

Kalama, WA 98625

Telephone: 360-673- 2337

Email: eyakovich@portofkalama. com

DISPUTES

In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.

GOVERNING LAW AND DOCUMENTS

This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws, with state venue in Superior Count of Cowlitz County. The provisions of this Agreement shall be construed to conform to those laws.

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

a. Applicable state and federal statues and rules;

b. This Agreement; and

c. Any other provisions of the agreement, including materials incorporated by reference.

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.

INDEPENDENT CAPACITY AND LIABILITY

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

Each party agrees to be responsible for the liabilities arising out of employment, conduct or omissions of its own officers, agents and employees. Employees performing duties under the direction and supervision of one party are deemed for the purpose of this agreement to be considered agents of that party only, and not agents or employees of the other party.

RECORDS MAINTENANCE

The parties to this agreement shall each maintain books, records, documents and other evidence

which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services and work described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period.

Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third party without first giving notice to the furnishing party and giving it reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties.

RIGHTS IN DATA

Unless otherwise provided, data which originates from this Agreement shall be " works for hire" as defined by the U. S. Copyright Act of 1976 and shall be owned by the County. Data shall include, but not limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/ or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

SEVERABILITY

If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid shall not affect the other provisions of this Agreement, which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this I Agreement are declared to be severable.

TERMINATION

Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.

TERMINATION FOR CAUSE

If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party give the other party written notice of such failure or violation. The party responsible will be given the opportunity to correct the violation or failure within 15workding days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other.

WAIVER

A failure by either party to exercise its rights under this Agreement shall preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such a writing signed by an authorized representative of the party and attached to the original Agreement.

All

WRITING

CONTAINED HEREIN

This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement.

PORT OF KALAMA

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

D D: t --.•- io

DATED: r For Port of Ka ama

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

ATTEST:

Kelly Grayson, Clerk of the Board

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Interlocal Agreement with Cowlitz Economic Development Council

Submitted By: Taunya Richardson, Senior Budget Analyst

Submitted For: Shawn Roewe, Finance Director

Department: OAS- Finance

Information

Subject and Summary Statement

Interlocal agreement with Cowlitz Economic Development Council for Rural Public Facilities Grant for 2026. Application approved and awarded by Cowlitz County Board of Commissioners.

Staff Attendance

Shawn Roewe

Department Recommendation

The Department of Financial Management recommends execution of the interlocal contract to the Cowlitz Economic Development Council in the amount of$ 40, 000.

Shawn ( OA)

INTERLOCAL GRANT AGREEMENT FOR AWARD OF FUNDS FOR PUBLIC FACILITIES FINANCING ASSISTANCE UNDER CHAPTER 82.14 RCW

This Interlocal Grant Agreement( the " Agreement") is made and entered into pursuant to Chapter 3934 RCW, the " Interlocal Cooperation Act," by and between the Cowlitz Economic Development Council, a corporation organized under the laws of the State of Washington, acting by and through its Board of Directors ( the" Grantee"), and Cowlitz County, Washington, a political subdivision ofthe State ofWashington, acting by and through its Board of Commissioners ( the" County), on the date stated below.

RECITALS

1. The County imposes, in addition to other taxes authorized by law, a nine one-hundredths of one percent( 0. 09%) tax ofthe selling price in the case ofsales tax or value ofthe article used in the case of a use tax as allowed by RCW 82. 14.370 and Cowlitz County Code 3. 21.

2. The moneys collected as described above are deposited into the County treasury in a special revenue fund recognized as the Distressed County Public Facilities Fund for financing public facilities in Cowlitz County.

T the Grantee submitted an application for grants ofup o $ 40 000 in funds from the Distressed County Public Facilities Fund for year 2026 for Kalama Community Action Plan, the " Project". The application is attached as Exhibit 1 and incorporated as part of Attachment A—Scope of Work for Project.

4. The County reviewed the application, and the Board of County Commissioners decided to award a grant from the Distressed County Public Facilities Fund for the Project.

5. The Grantee represents and certifies that it is qualified to receive fiends for a" public facility" under RCW 82.14.370, and that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/or work set forth in this Agreement.

Now therefore, in consideration of the mutual covenants contained herein, the Grantee and the County agree as follows:

AGREEMENT

1. Incorporation ofRecitals. The above Recitals are hereby incorporated into the substantive provisions of this Agreement.

2. Purpose of Interlocal Grant Agreement. The purpose ofthis Agreement is to set forth the terms and conditions by which the County will provide the Grantee with a grant award to be used to pay or reimburse necessary expenditures incurred for the Project.

Page 1 of 12

3. Term. This Agreement shall take effect on upon execution of this agreement and terminate on December 31, 2026.

4. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures consistent with and as detailed in Attachment A- Scope of Work for Project.

5. Grant Amount. The Grantee is awarded a total of$40,000.

6. Budget. The Grant Award shall be expended by the Grantee as set forth in Attachment B - Budget.

7. Grantee Responsibilities. The Grantee agrees to administer the grant proceeds consistent with this Agreement. The Grantee shall provide the County with certification using the form ofAttachment C that grant funds were used for eligible expenditures. The Grantee shall use the grant invoice template Attachment D to request payment from the County.

8. Reporting Requirements. In addition to the responsibilities outlined herein and in Attachment A- Scope ofWork for Project, at least once a quarter, and at the conclusion of either the grant expenditure or the grant contract period, the Grantee shall provide a report on the progress made to date on the Project, using such forms and meeting such requirements as determined by the County. Such reports shall be provided by the Grantee to the County electronically to the County' s Project Manager identified herein.

9. Access to and Maintenance of Records. The Grantee 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 County, for a period of six( 6) years to ensure proper accounting for all grant funds and compliance with this Agreement. The Grantee acknowledges that records may be subject to disclosure under the Public Records Act, Chapter 42.56 RCW.

The Grantee agrees that the County 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 ofthe Grantee which are related to this Agreement, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions.

10. Termination. The following provisions apply regarding termination ofthis Agreement: a. Termination for Loss of Funding. The County shall have the right to terminate this Agreement upon advance written notice ifthe funds relied upon for the grant

award are terminated, suspended, or otherwise lost or unpaired in whole or in part-

b. Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least 30 days' advance written notice. Isthat event, the Grantee will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date ofthe termination.

c. Termination for Default. ifeither party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. Ifthe default is not cured within 30 days ofnotice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

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

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

a. The Grantee shall cease to perform hereunder as ofthe effective date of termination and shall comply with all reasonable instructions contained in the notice oftermination, ifany.

b. The Grantee shall provide the County with an accounting of authorized services provided through the effective date oftermination.

12. Conflict ofInterest. Grantee designees, agents, members, officers, employees, consultants, and any other public official who exercise or who has exercised any functions or responsibilities with respect to the Project during his orher tenure, or who is in aposition to participate in a decisionmaking process or gain inside information with regard to the Project, are barred from any interest, direct or indirect, in any grant or proceeds ofthe Project, orbenefit there from, which is part ofthis Agreement at any time during or after such person' s tenure.

13. Governing Lanus. This Agreement shall be governed by and construed in accordance withthe laws ofthe State ofWashington. The venue for any dispute regarding or arising out ofthis Agreement shall be Cowlitz County Superior Court.

14. Personnel. The Grantee will secure at its awn expense all labor and materials required to perform any work in connection with the Project. The Grantee shall be responsible for all applicable payroll, labor and industries premiums, and taxes. All employees and subcontractors ofthe Grantee shall be covered by Industrial Insurance in full compliance with Title 51 RCW. The Grantee shall defend and indemnify the County, and their officials, officers, employees, and agents from and against all claims arising from any

actual or alleged violation of the Grantee' s duties under this section or applicable law. Solely for the purposes ofthis indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. The Grantee' s duty to defend and indemnify shall survive the termination of this Agreement.

15, Contract Representatives_ The parties' designated representatives shall be responsible for the administration ofthis Agreement and for receiving notices given in connection with this Agreement. The following are designated as the representatives ofthe parties:

For

the County:

Name: Shawn Roewe

Title: Finance Manager

Department: Office of Administrative Services

Address: 207 4 h Ave. N. 4308 Kelso, WA 98626

Telephone: ( 360) 577- 3064

E- mail: shawnroewe@cowlitzwa_ gov

For the Grantee:

Name: Ted Sprague

Title: President

Address: P. O. Box 1278 Longview, WA 98632

Telephone: 3 60- 423- 9921

Email: Sprague@cowlitzedc. com

16. Notices. Any notice required or permitted to be made under this Agreement 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 oftransmission ifreceived during the recipient' s business day or, if not, on the recipient' s next business day.

17. Indemnification. To the fullest extent permitted by the law, the Grantee shall indemnify, defend, and hold harmless Cowlitz County and the officials, officers, employees, and agents ofeach ofthem, from and against all claims in any way resulting from or arising out ofthe performance ofthis Agreement, whether such claims arise from the acts, errors or omissions ofthe Grantee, its subcontractors, third parties, Cowlitz County, or anyone directly or indirectly employed by any ofthem or anyone for whose acts, errors or omissions any of them may be liable. " Claim" means any loss, claim, suit, action., liability, damage or expense of any kind or nature whatsoever, including but not limited to attorneys' fees and costs, attributable to personal or bodily injury, sickness, disease, or

death, or to injury to or destruction ofproperty, including the loss of use resulting therefrom. The Grantee' s duty to indemnify, defend, and hold harmless includes but is not limited to claims by the Grantee' s or any subcontractor' s officers, employees, or agents. The Grantee' s duty, however, does not extend to claims arising from the sole negligence or willful misconduct ofCowlitz County, or its officials, officers, employees, and agents. Solely for the purposes ofthis indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties.

18. Survival ofIndemnity Obligations. The parties agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement.

19. Compliance with Laws. The Grantee and its officials, officers, employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, regulations, rules, and policies. The County shall have no obligation to ensure such compliance.

20. Permissible Use Warranty. The Grantee warrants that its planned and actual uses ofthe grant award herein constitute permissible uses for sales and use tax funds for public facilities in rural counties consistent with RCW 82.14.370. This section shall survive termination of this Agreement.

21. Relationship ofthe Parties. This Agreement, and the Grantee' s and the County' s activities udder it, shall not be construed as creating any kind ofpartnership orjoint venture, nor shall it be construed as creating any kind ofindependent contractor, agency or employment relationship between the Grantee and the County.

22. No Third-Party Rights. This Agreement is entered into by the parties solely for their own benefit and it creates or grants no rights ofany kindto any other party.

23. Assignment. The Grantee shall not assign any ofits rights or delegate any ofits duties under this Agreement without the prior express written consent ofthe County, which may be granted or refused at the County' s sole discretion.

24. Waiver. No term or condition ofthis Agreement 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 ofthis Agreement shall not be deemed a waiver of any prior or subsequent breach.

25. Amendment. This Agreement can only be amended in writing, and only upon execution by both parties_

26. Entire Agreement. The parties acknowledge that this Agreement is the complete expression oftheir agreement regarding the subject matter ofthis Agreement. Any oral

or written representations or understandings not incorporated into this Agreement are specifically excluded.

27. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning ofits provisions.

28. Severability. If any provision ofthis Agreement is held by a court ofcompetent jurisdiction to be invalid, such invalidity shall not affect the validity ofthe remaining provisions that can be given effect without the invalid provision, provided that the underlying intent ofthe parties can still be given effect.

29. Signature Authority. Each person signing this Agreement on behalf of a party warrants that he or she has full authority to sign this Agreement on that party' s behalf.

30. Counterparts. This Agreement may be executed in counterparts, each ofwhich shall be deemed an original and all ofwhich together shall be deemed one agreement. Each counterpart may be executed and delivered by facsimile to the other parry.

31. Attachments. The following attachments are incorporated into this Agreement by reference.

a. Attachment A—Scope of Work for Project

b. Attachment B— Budget

c. Attachment C— Certification Form

d. Attachment D-- Invoice Form

IN WITNESS WHEREOF, the parties have executed this Agreement on this— day of , 20

RECIPIENT: BOARD OF COUNTY CONMSSIONERS OF COWLITZ COUNTY, WASHINGTON

ig ature

Print name:

9 S :=- ' ` 7-

Richard R. Dahl, Chairman

Steven L. Ferrell, Commissioner

Steve Rader, Commissioner

Title: ATTEST:

CONTRACT HAS BEEN APPROVED AS TO

FORM BY COWLITZ COUNTY

Kelly Grayson, Clerk ofthe Board PROSECUTING ATTORNEY Date

ATTACHMENT A- SCOPE OF WORK FOR PROJECT

The Grantee is to complete Kalama Community Action Plaza._

1. The Project shall:

Complete the following to Kalama Community Action Plan: Develop an economic development plan for the Kalama area.

Project shall commence in 2026 and complete by December 31, 2026

2. Performance monitoring. The County will monitor the Grantee' s performance by tracking work progress, reviewing payment requests for applicable costs, and ensuring that all requirements under this Agreement are met. Substandard performance as determined solely by the County constitutes noncompliance with this Agreement.

If action to correct substandard performance is not taken by the Grantee within 30 days after being notified by the County, then the County may terminate the Agreement as described herein. Page 8 of 12

ATTACHMENT B - BUDGET

1. Budget. The County shall reimburse the Grantee in an amount not to exceed$ 40, 000. Unspent grant proceeds will be reallocated at the discretion ofthe County.

2. Payment. Subject to Section 1, the County shall reimburse the Grantee for costs and expenses necessary to perform activities described in the Scope of Work for Project. The Grantee shall ensure that requests for reimbursements are based on billings supported by appropriate documentation ofcosts and expenses actually incurred. Additionally, the Grantee shall ensure that monthly invoices include receipts, reports, and other detailed documentation of charges.

3. Invoices. The Grantee shall submit invoices using the County' s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative withinthis Agreement, by the Grantee, not more often than monthly. The invoices shall describe and document to the County' s satisfaction a description ofthe work performed, activities accomplished, the progress ofthe Project, and fees. The final invoice must be received by the County no later than the 30 calendar days following the end of this Agreement.

4. Duplication. The Grantee assures that work performed and invoiced does not duplicate work to be charged to the County and State ofWashington under any other contract or agreement with the Grantee.

5. Advance Payment. The County shall not make any payments in advance or in anticipation ofthe delivery of services to be provided pursuant to this Agreement.

6. Authorized Services. The County shall pay the Grantee only for authorized services provided in accordance with this Agreement. Ifthis Agreement is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination

7. Recovery of Costs Claimed in Error. If the Grantee claims and the County reimburses for expenditures under this Agreement which the County later finds were one (1) claimed in error or two (2) not allowable costs under the terms ofthe Agreement, the County shall recover those costs and the Grantee shall fully cooperate with the recovery.

ATTACHMENT C - CERTIFICATION

1, Ted Sprag_ae am the President ofthe Cowlitz Economic Development Council and I certify that:

1. I have authority and approval, from the governing body on behalf ofthe Grantee to accept proceeds from the County per Agreement for the Project by and between the County and Grantee.

2. 1 certify the use offunds submitted for reimbursement or payment under this Agreement were used only to cover those costs that:

a. Are necessary expenditures incurred in support ofthe Project

b. Were incurred during the period that begins in June 2026 through December 31, 2026.

1 1 understand the Grantee receiving funds pursuant to this certification shall retain documentation ofall uses ofthe funds, including but not limited to invoices and/or sales receipts and such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor.

I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under' Title 1.8, United States Code See. 1.001., et seq. And punishment under Federal law.

Title Date

Printed Name Si tore

Rural County Public Facility Fund Application

SECTION

1: APPLICANT

Project Title Kalama Community Action Plan

Applicant Cowlitz Economic Development Council

Contact Person Ted Sprague

Title President

Mailing Address P. O. Box 1278

Longview, WA 98632

Capital Facilities Plan City of Kalama Comprehensive Plan where Project is Listed

Telephone 360) 423- 9921

E- mail sprague@cowlitzedc. com

Federal Tax I. D.: 91- 1154753

Signature of Authorized Official: Ted Sprague, President, Cowlitz EDC

March 11, 2026

Date

SECTION 2: PROJECT ELIGIBILITY

Money collected under RCW 82. 14.370 shall be used on public facilities and for economic development purposes. Select the type ofpublic facility that applies to your project:

Is the project currently listed in one or more ofthe following plans (check all that apply):

Comprehensive Economic Development Strategy Report County' s Capital Facilities Plan

Your agency comprehensive or capital facilities plan( Envision Kalama)

Other; please specify: City ofKalama Comprehensive Plan

SECTION 3: PROJECT BUDGET ESTIMATES

What is the estimated budget for this project? Indicate whether the budget is based on preliminary estimates, engineers' estimates, feasibility studies or public bids; include administration, design and construction costs.

55, 000. 00 Actual cost

Will rural county public facility funds be used to leverage other funds? Yes

RURAL COUNTY PUBLIC FACILITY FUNDS REQUESTED

40, 000. 00

The Board has developed a self-sustaining program to make funds available for economic development even after the County is no longer eligible to receive the sales tax rebate. Therefore, the Board of Commissioners will give favorable attention to projects that propose to treat County funds as a short- term loan.

Amount of request that will be treated as a loan $ 0

Ifa loan is proposed, please provide the following details:

a) State Investment Board interest rate will be applied term of loan( in years) of payments date payments would start

SECTION 5: PROJECT SUMMARY

a) Type, size, location and use ofpublic facility.

This project is an economic development plan and, therefore, not a physical structure. Envision Kalama, a 501( c)3 non-profit organization, will manage the project on behalf of the Cowlitz Economic Development Council.

In 2004, a diverse group of Kalama citizens published the Kalama Community Action Plan( KCAP). The plan was a 20-year community roadmap containing a series of concepts and projects, when brought to fruition, would improve Kalama livability, commerce and tourism. That plan contained over thirty

proposed actions to improve the quality of life in Kalama, as well as a wide variety of conceptual improvements to the community to produce economic development.

A foundational KCAP element was the creation of a community organization to shepherd the KCAP vision and facilitate its many projects. Envision Kalama is that non-profit organization, designed to bring Kalama a community vision and achieve that vision through philanthropy and community betterment projects. Twenty years later, many ofthe KCAP envisioned improvements are complete or in ongoing development, such as the Kalama Cultural Festival, Columbia Riverfront attractions, streetscape improvements and a new f pedestrian overpass and parking connecting downtown with the waterfront. The KCAP was a 20- year strategic plan to improve its quality of place. That plan expired in 2024 and requires updating.

Envision Kalama now seeks to update the Kalama Community Action Plan, develop and promote a Kalama brand and develop a common sense of community in the process. To accomplish this, Envision Kalama is seeking grant funds to hire a branding consultant and achieve the following objectives:

Engage a diverse cross- section of Kalama citizens in a community visioning project. Solicit from key individuals a vision and project ideas for Kalama' s future prosperity. Facilitate group citizen input and dialogue regarding a Kalama vision and supporting projects. Coalesce widespread community input into a cohesive brand and regional marketing strategy. Develop a 2025 Kalama Community Action Plan.

Envision Kalama will hire a marketing consultant to develop a plan to include:

Brand Identification and Messaging

Experience and Circulation Design

Interconnectivity Vision

Regional Marketing Strategy

Strategic Plan( Community Action Plan)

Visitor Landscape and Activation

Audiences and Messaging/Narrative

This project will increase economic development by attracting new businesses and visitors to the community. In turn, as the preceding Kalama Community Action Plan clearly demonstrated, this project will create new jobs and improve the overall quality ofplace.

b) Indicate why the rural county public facility funds are necessary for the project to succeed.

Envision Kalama has a modest budget, based on donations and grants. The organization does not have the funds to undertake this project. With the supporting funding, they have the experience and capability to bring the project to fruition. Envision Kalama has unique membership that allows them to engage a wide range of the community and develop widespread support for economic developments plans.

c) Is the project ready to proceed? If the project is not ready to proceed, describe what must be completed before the project is ready and estimate a start date.

Yes. The project is ready to immediately proceed.

d) If applicable, list all permits and environmental reviews required and give their current status applied for, permit issued, etc.)

Not applicable.

e) Estimate the date for project completion.

November 30, 2026.

f) Does this proposed project duplicate existing capacity in the community- either public or private?

No. The Kalama Community Action Plan is the sole, community-wide planning effort in Kalama. The City and Port each plan specifically for their properties, projects and boundaries.

SECTION 6: PROJECT GOALS

Describe how your public facility project meets the goals identified in R.C.W. 82. 14.370, as amended, namely financing of public facilities serving economic develop purposes in rural counties. " Economic development purposes" is defined in the statute as " those purposes that facilitate the creation or retention of businesses and jobs in a county." Check and discuss any or all that apply, specifically:

Promote the ongoing operation ofbusiness in rural distressed areas;

Promote the expansion of existing business in rural distressed areas;

Attract new businesses to rural distressed areas;

Assist in the development of new businesses from within rural distressed areas; Provide family wage jobs to the citizens ofrural distressed areas.

This project is intended to fuel widespread economic development throughout the community. We expect small businesses and entrepreneurs to benefit most directly through:

a) Establishment of new businesses

As the community coalesces around a focused branding effort, new businesses will seek to locate their operations in Kalama to take advantage of the momentum and increased visitor traffic, equaling new jobs and revenue for the community.

b) Additional revenue for existing businesses

Likewise, existing businesses will expand operations and experience increased sales for the same reasons mentioned in ( a).

Kalama has an excellent set oftools to implement a strategic plan and branding strategy. Kalama' s downtown core has a traditional, small- town charm as a foundation for attracting tourism and commerce. Recreational opportunities, such as fishing, often attract visitors. The community has a genuine intent to work together and make Kalama a beautiful, successful place to live and work.

Specifically identify the number and type offamily wage jobs that will be created or retained as a result ofyourproject:

Construction

Permanent full time

Permanent part- time

Seasonal

No. ofjobs: NA( see note below)

No. ofjobs:

Promote the development of communities of excellence in rural distressed areas;

The nature ofthis project is widespread economic development and does not lend itselfto specific job creation and retention data. The quantifiable results are realized in future, community- wide success.

SECTION S: PROJECT TIMELINE

Preliminary Engineering Report

Environmental Review( s)

All Required Permits Obtained

Land/Right-of-Way Acquisition

Prepare Bid Documents

Award Construction Contract( s)

Begin Construction— Shovel ready

Project Operational

Estimated Completion Date month - year)

November 30, 2026

DUE NOT LATER THAN: March 17, 2026 @ 4: 30 p.m.

SUBMIT ANELECTRONIC ORIGINAL AND FIVE( 5) PAPER COPIES TO:

Cowlitz County, Office ofAdministrative Services

shawnroewe& cowlitzwa. og_ v Attn: Shawn Roewe

207 Fourth Avenue North# 308

Kelso, WA 98626

Telephone: ( 360) 577- 3065, ext. #6984

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Interlocal Agreement City of Woodland

Submitted By: Taunya Richardson, Senior Budget Analyst

Submitted For: Shawn Roewe, Finance Director

Department: OAS- Finance

Information

Subject and Summary Statement

Interlocal agreement with City of Woodland for Rural Public Facilities Grant for 2026. Application approved and awarded by Cowlitz County Board of Commissioners.

Staff Attendance

Shawn Roewe

Department Recommendation

The Department of Financial Management recommends execution of the interlocal contract to the City of Woodland in the amount of$ 576, 000.

Shawn ( OA)

INTERLOCAL GRANT AGREEMENT FOR AWARD OF FUNDS FOR PUBLIC FACILITIES FINANCING ASSISTANCE UNDER CHAPTER 82. 14 RCW

This Interlocal Grant Agreement( the" Agreement") is made and entered into pursuant to Chapter 39.34 RCW, the" Interlocal Cooperation Act," by and between the City of Woodland, a municipal corporation organized under the laws ofthe State of Washington, acting by and through its City Council ( the" Grantee"), and Cowlitz County, Washington, a political subdivision of the State ofWashington, acting by and through its Board of Commissioners ( the County), on the dale stated below.

RECITALS

1. The County imposes, in addition to other taxes authorized by law, a nine one- hundredths of one percent( 0. 09%) tax of the selling price in the case of sales tax or value of the article used in the case of a use tax as allowed by RCW 82. 14. 370 and Cowlitz County Code 3. 21.

3. The Grantee submitted an application for grants of up to$ 576, 000 in funds from the Distressed County Public Facilities Fund for year 2026 for North Pekin Road Water Main, the" Project". The application is attached as Exhibit 1 and incorporated as part of Attachment A— Scope of Work for Project.

4. The County reviewed the application, and the Board of County Commissioners decided to award a grant from the Distressed County Public Facilities Fund for the Project.

5. The Grantee represents and certifies that it is qualified to receive funds for a" public facility" under RCW 82. 14,370, and that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/ or work set forth in this Agreement.

Now therefore, in consideration of the mutual covenants contained herein, the Grantee and the County agree as follows:

AGREEMENT

1. Incorporation of Recitals. The above Recitals are hereby incorporated into the substantive provisions of this Agreement.

2. Purpose of Interlocal Grant Agreement. The purpose of this Agreement is to set forth the terms and conditions by which the County will provide the Grantee with a grant award to be used to pay or reimburse necessary expenditures incurred for the Project.

Page 1 of 12

INTERLOCAL GRANT AGREEMENT

3. Term. This Agreement shall take effect on upon execution oC this agreement and terminate on December 31, 2026.

4. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures consistent with and as detailed in Attachment A- Scope of Work for Project.

5. Grant Amount. The Grantee is awarded a total of$ 576, 000.

6. Budget. The Grant Award shall be expended by the Grantee as set forth in Attachment B- Budget.

7. Grantee Responsibilities. The Grantee agrees to administer the grant proceeds consistent with this Agreement. The Grantee shall provide the County with certification using the form of Attachment C that grant funds were used for eligible expenditures. The Grantee shall use the grant invoice template Attachment D to request payment from the County.

8. Reporting Requirements. In addition to the responsibilities outlined herein and in Attachment A- Scope of Work for Project, at least once a quarter, and at the conclusion of either the grant expenditure or the grant contract period, the Grantee shall provide a report on the progress made to date on the Project, using such forms and meeting such requirements as determined by the County. Such reports shall be provided by the Grantee to the County electronically to the County' s Project Manager identified herein.

The Grantee agrees that the County 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, docuntents, papers, and records of the Grantee which are related to this Agreement, for the purpose of inspecrion, audits, examinations, and making excerpts, copies and transcriptions.

10. Termination. The following provisions apply regarding termination of this Agreement: a. Termination for Loss of Funding. The County shall have the right to terminate this Agreement upon advance written notice if the funds relied upon for the grant

award are terminated, suspended, or othenvise lost or impaired in whole or in part.

b. Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least 30 days' advance written notice. In that event, the Grantee will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date of the termination.

c. Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days of notice, the nondefaulting party may terminate this Agreement. In the event ofsuch a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

However, if a notice of termination for default has been issued and it is later determined for any reason that the Grantee 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 Convenience paragraph hereof

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

a. The Grantee shall cease to perform 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 Grantee shall provide the County with an accounting of authorized services provided through the effective date of termination.

12. Conflict of interest. Grantee designees, agents, members, officers, employees, consultants, and any other public official who exercise or who has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decisionmaking process or gain inside information with regard to the Project, are barred from any interest. direct or indirect, in any grant or proceeds of the Project, or benefit there from, which is part of this Agreement at any time during or after such person' s tenure.

13. Governing laws. This Agreement 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 Agreement shall be Cowlitz County- Superior Court.

14. Personnel. The Grantee will secure at its own expense all labor and materials required to perform any work in connection with the Project. The Grantee shall be responsible for all applicable payroll, labor and industries premiums, and taxes. All employees and subcontractors of the Grantee shall be covered by Industrial Insurance in full compliance with Title 51 RCW. The Grantee shall defend and indemnify the County, and their officials, officers, employees, and agents from and against all claims arising from any

actual or alleged violation of the Grantee' s duties under this section or applicable law. Solely for the purposes of this indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. The Grantee' s duty to defend and indemnify shall survive the termination of this Agreement.

15. Contract Representatives. The parties' designated representatives shall be responsible for the administration of this Agreement and for receiving notices given in connection with this Agreement. The following are designated as the representatives of the parties:

For the County:

Name: Shawn Roewe

Title: Finance Manager

Department: Office of Administrative Services

Address: 207 4' s Ave. N.# 308 Kelso, WA 98626

Telephone: ( 360) 577- 3064

E- mail: shawnroewe@cowlitzwa. gov

For the Grantee:

Name: Riley Bunnell

Title: Public Works Director

Address: P. O. Box 9 Woodland, WA 99674

Telephone: 360- 274- 7478

Email: Isionc a,,ci. castic- rock. wa. us

16. Notices. Any notice required or permitted to be made under this Agreement 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.

17. Indemnification. To the fullest extent permitted by the law, the Grantee shall indemnify, defend, and hold harmless Cowlitz County and the officials, officers, employees, and agents of each ofthem, from and against all claims in any way resulting from or arising out of the performance of this Agreement, whether such claims arise from the acts, errors or omissions of the Grantee, its subcontractors, third parties, Cowlitz County, or anyone directly or indirectly employed by any of them or anyone for whose acts, errors or omissions any of them may be liable. " Claim" means any loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever, including but not limited to attorneys' fees and costs, attributable to personal or bodily injury, sickness, disease, or

death, or to injury to ar destruction of property, including the loss of use resulting therefrom. The Grantee' s duty to indemnify, defend, and hold hannlcss includes but is not limited to claims by the Grantee' s or any subcontractor' s officers, employees, or agents. The Grantee' s duty, however, does not extend to claims arising from the sole negligence or willful misconduct of Cowlitz County, or its officials, officers, employees, and agents. Solely for the purposes of this indemnification provision, the Grantee expressly waives its immunity under Title 51 RCIAI and acknowledges that this waiver was mutually negotiated by the parties.

18. Survival of indemnity Obligations. The parties agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement.

19. Compliance with Laws. The Grantee and its officials, officers, employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws. regulations, rules, and policies. The County shall have no obligation to ensure such compliance.

20. Permissible Use Warranty. The Grantee warrants that its planned and actual uses of the grant award herein constitute permissible uses for sales and use tax funds for public facilities in rural counties consistent with RCW 82. 14. 370, This section shall survive termination of this Agreement.

21. Relationship of the Parties. This Agreement, and the Grantee' s and the County' s activities under it, shall not be construed as creating any kind of partnership or joint venture, nor shall it be construed as creating any kind of independent contractor, agency or employment relationship between the Grantee and the County.

22. No Third-Party Rights. This Agreement 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.

23. Assignment. The Grantee shall not assign any of its rights or delegate any of its duties under this Agreement without the prior express written consent of the County, which may be granted or refused at the County' s sole discretion.

24. Waiver. No term or condition of this Agreement 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 Agreement shall not be deemed a waiver of any prior or subsequent breach.

25. Amendment. This Agreement can only be amended in writing, and only upon execution by both parties.

26. Entire Agreement. The parties acknowledge that this Agreement is the complete expression of their agreement regarding the subject matter of this Agreement. Any oral

or written representations or understandings not incorporated into this Agreement are specifically excluded.

27. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions.

28. Severability. If any provision ofthis Agreement 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.

29. Signature Authority. Each person signing this Agreement on behalf ofa party warrants that he or she has full authority to sign this Agreement on that party' s behalf.

30. Counterparts. This Agreement 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.

31. Attachments. The following attachments are incorporated into this Agreement by reference.

a. Attachment A- Scope of Work for Project

b. Attachment 13- Budget

c. Attachment C - Certification Form

d. Attachment D- Invoice Form

1N WITNESS WHEREOF, the parties have executed this Agreement on this_ day of 20

RIM

Si ,\& ure

BOARD OF COUNTY COMMISSIONERS 1 &— OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steven L. Ferrell, Commissioner Print name:

Steve Rader, Commissioner

ATTEST:

Title:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY

Kelly Grayson, Clerk of the Board

PROSECUTING ATTORNEY Date

ATTACHMENT

A-

SCOPE OF WORK FOR PROJECT

The Grantce is to complete North Pekin Road Water Main project.

1. The Project shall:

Complete the fo11aV;! ing to North Pekin Road Water Main project: The project involves a 12 water main approximately 1216 feet and 16 inch water main approximately 82 Feet Connecting Davidson ave to caples road. in Woodland.

Obtain Geotechnical pavement report

Obtain right-of-way permit

a. Project shall comply with all City required procurement processes

b. Project shall commence in 2026 and complete by December 31, 2026

If action to correct substandard performance is not taken by the Grantee within 30 days after being notified by the County, then the County may terminate the Agreement as described herein.

Page 8 of 12

ATTACHMENT B- BUDGET

1. Budget. The County shall reimburse the Grantee in an amount not to exceed$ 576, 000. Unspent grant proceeds will be reallocated at the discretion of the County.

2. Payment. Subject to Section 1, the County shall reimburse the Grantee for costs and expenses necessary to perform activities described in the Scope of Work for Project. The Grantee shall ensure that requests for reimbursements are based on billings supported by appropriate documentation of costs and expenses actually incurred. Additionally, the Grantee shall ensure that monthly invoices include receipts, reports, and other detailed documentation of charges.

3. Invoices. The Grantee shall submit invoices using the County' s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative within this Agreement, by the Grantee, 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. The final invoice must be received by the County no later than the 30 calendar days following the end of this Agreement.

4. Duplication. The Grantee 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 Grantee.

5. 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 Agreement.

6. Authorized Services. The County shall pay the Grantec only for authorized services provided in accordance with this Agreement. If this Agreement is terminated for any reason, the County shall pay only for services authorized and provided through the date of termination

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

Page 9 of 12

ATTACHMENT C- CERTIFICATION

L Rilev Bunnell am the Public Works Director of the City of Woodland and I certify that:

I. I have authority and approval from the governing body on behalf of the Grantee to accept proceeds from the County per Agreement for the Project by and between the County and Grantee.

2. 1 certify the use of funds submitted for reimbursement or payment under Lhis Agreement were used only to cover those costs that:

a. Are necessary expenditures incurred in support of the Project

b. Were incurred during the period that begins in June 2026 through December 31, 2026.

3. 1 understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/ or sales receipts and such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor.

I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal, civil liability and/ or in criminal penalties, including but not limited to fine or imprisonment ur both under Title 18, United States Code Sec. 1001, et seq. And punishment under Federal 1a.

Page 10 of 12

County

Office of Administrative Services

207 N. 4111 Avenue, Room 308

Kelso, WA 98626

1. Amount Billed this invoice S Description: ( attach supportinC documentation) 2. Amount

Rural County Public Facility Fund Application

SECTION 1: APPLICANT

Project Title North Pekin Road Water Main

Applicant City of Woodland

Contact Person Riley Bunnell

Title Public Works Director

Mailing Address PO Box 9

Woodland, WA 98674

Capital Facilities Plan Industrial Land Use Portion of Comprehensive Plan where Project is Listed

Telephone 360- 225- 7999

E-mail bunnellr@ci. woodland. wa.us

Federal Tax I.D.: 91- 6001533

IvNey Kmilel

Signature of Authorized Official: 3/ 17/ 2026

Date

SECTION 2: PROJECT ELIGIBILITY

Money collected under RCW 82. 14.370 shall be used on public facilities and for economic development purposes. Select the type ofpublic facility that applies to your project:

Is the project currently listed in one or more ofthe following plans (check all that apply):

Comprehensive Economic Development Strategy Report County' s Capital Facilities Plan

Your agency comprehensive or capital facilities plan

Other; please specify: Industrial Site Feasibili1y Stud

SECTION 3: PROJECT BUDGET ESTIMATES

720, 000— 90% Engineering Estimate

Will rural county public facility funds be used to leverage other funds? No

RURAL COUNTY PUBLIC FACILITY FUNDS REQUESTED

576 000

Amount of request that will be treated as a loan $ 0

If a loan is proposed, please provide the following details:

a) State Investment Board interest rate will be applied term of loan( in years) ofpayments date payments would start

SECTION 5: PROJECT SUMMARY ( see attached)

a) Type, size, location and use ofpublic facility.

b) Indicate why the rural county public facility funds are necessary for the project to succeed.

c) Is the project ready to proceed? Ifthe project is not ready to proceed, describe what must be completed before the project is ready and estimate a start date.

d) If applicable, list all permits and environmental reviews required and give their current status applied for, permit issued, etc.)

e) Estimate the date for project completion.

f) Does this proposed project duplicate existing capacity in the community-either public or private?

SECTION 6: PROJECT GOALS

Describe how your public facility project meets the goals identified in R.C.W. 82. 14. 370, as amended, namely financing of public facilities serving economic develop purposes in rural counties. " Economic development purposes" is defined in the statute as " those purposes that facilitate the creation or retention of businesses and jobs in a county." Check and discuss any or all that apply, specifically:

Promote the ongoing operation of business in rural distressed areas; Promote the expansion of existing business in rural distressed areas; Attract new businesses to rural distressed areas; Assist in the development of new businesses from within rural distressed areas; Provide family wage jobs to the citizens of rural distressed areas.

Specifically identify the number and type offamily wage jobs that will be created or retained as a result ofyourproject:

Construction

Permanent full time

Permanent part- time

Seasonal

No. of jobs: 10

No. ofjobs:

Promote the development of communities of excellence in rural distressed areas;

SECTION 8: PROJECT TIME LINE

Preliminary Engineering Report

Environmental Review( s)

All Required Permits Obtained

Land/ Right- of-Way Acquisition

Prepare Bid Documents

Estimated Completion Date month- year)

N/A

May 2026

June 2026

N/A

July 2026

Award Construction Contract( s) August 2026

Begin Construction— Shovel ready September 2026

Project Operational November 2026

DUE NOT LATER THAN: March 17, 2026 @ 4:30 p.m.

SUBMITANELECTRONIC ORIGINAL AND FIVE( 5) PAPER COPIES TO:

Cowlitz County, Office ofAdministrative Services

shawnroewe(&, cowlitzwa. gov

Attn: Shawn Roewe

207 Fourth Avenue North# 308 Kelso, WA 98626

Telephone: ( 360) 577- 3065, ext. #6984

SECTION 5: PROJECT SUMMARY

a) Type, size location, and use of public facility.

Project consists of installation of 1, 216 linear feet of 12- inch diameter PVC C900 ( restrained joint) water main and 82 linear feet of 16-inch PVC C900 (restrained joint) water main in North Pekin Road. This project will connect existing water main between the Davidson Avenue Railroad Crossing/ N Pekin Road intersection to the Caples Road/ N Pekin Road intersection. This project will loop the water system, increasing potable domestic water flows and pressure, as well as fire flow to the industrial development area on the west side of Woodland, WA.

b) Indicate why the rural county public facility funds are necessary for the project to succeed.

The City of Woodland facilitated an Industrial Site Feasibility Study( Study), which identified the need to improve water supply to the west side of the railroad tracks to support industrial development. Substantial development is occurring to the north of this location and continued interest (for Woodland, Cowlitz County and SW Washington/ NW Oregon) in future development. The city has invested in the engineering design for this project which is currently at 90- percent for plans, specifications, and cost estimate. The city does not currently have available budget to construct this project. According to the Study, at full buildout the industrial development has the potential to generate ( directly, indirectly, and induced) employment of between 2, 447 to 3, 670 jobs in Cowlitz County and between 2, 819 to 4,228 in Washington State. In 2021 the Rural County Funding Grant supported the waterline crossing at the Davidson Avenue Railroad Crossing which was successfully installed. This project would extend that connection to create a complete loop and further support this area for development.

c) Is the project ready to proceed? If the project is not ready to proceed, describe what must be completed before the project is ready and estimate a start date.

The city engineering consultant has designed this project to 90- percent and will develop bid documents upon award of funding. Design can be completed early summer and the contractor selected late summer for early fall construction.

d) If applicable, list all permits and environmental reviews required and give their current status applied for, permit issued, etc.)

Geotechnical Pavement Report ( Completed)

City of Woodland Right- of-Way Permit to be obtained by the Engineer and transferred to the contractor after project award.

e) Estimate the date for project completion.

November 2026

f) Does this proposed project duplicate existing capacity in the community- either public or private? No.

SECTION 6: PROJECT GOALS

Promote the ongoing operation of business in rural distressed areas:

This project promotes ongoing business by increasing and improving the potable domestic water supply and fire flow within an area currently located on the dead- end of the existing water mains at Davidson/ Goerig and Caples/ N Pekin. Existing and future businesses will have increased potable water supply and additional fire flow protection.

Promote the expansion of existing business in rural distressed areas:

This project promotes the expansion of existing businesses by increasing potable water supply and providing additional fire flow protection, allowing existing business expansion not previously possible based on the existing water system limitations.

Attract new businesses to rural distressed areas:

This project attracts new businesses by increasing potable water supply and providing additional fire flow protection, not previously possible based on the existing water system limitations. New business development requiring additional potable domestic water supply or increased fire flow protection based on allowable zoned uses and building construction types currently not possible will be made possible through construction of this project.

Existing properties available for development will be required to construct 12- inch water main along their frontage, tying into this new water main, further increasing resiliency and reliability of the city' s water supply system.

Assist in the development of new businesses from within rural distressed areas:

Without construction of this project, new developments would be required to install this important infrastructure, absorbing the costs which in turn may decrease interest in development within the project area. Completion of this project will attract new development of new businesses within the project area by providing a key infrastructure element for these future businesses.

Provide family wage jobs to the citizens of rural distressed areas:

The construction of this project will provide a modest number of family wage jobs ( estimating 10) throughout the duration of the project. Upon completion this new water main provides increased potable water supply and fire flow allowing for further new development or expansion, creating family wage jobs, as described in Section 5 b.

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Interlocal Agreement City of Castle Rock

Submitted By: Taunya Richardson, Senior Budget Analyst

Submitted For: Shawn Roewe, Finance Director

Department: OAS- Finance

Information

Subject and Summary Statement

Interlocal agreement with City of Castle Rock for Rural Public Facilities Grant for 2026. Application approved and awarded by Cowlitz County Board of Commissioners.

Staff Attendance

Shawn Roewe

Department Recommendation

The Department of Financial Management recommends execution of the interlocal contract to the City of Castle Rock in the amount of $ 365, 500.

Shawn ( OA)

INTERLOCAL GRANT AGREEMENT FOR AWARD OF FUNDS FOR PUBLIC FACILITIES FINANCING ASSISTANCE UNDER CHAPTER 82. 14 RCW

This Interlocal Grant Agreement ( the " Agreement") is made and entered into pursuant to Chapter 39.34 RCW, the " Interlocal Cooperation Act," by and between the City of Castle Rock, a municipal corporation organized under the laws of the State of Washington, acting by and through its City Council ( the" Grantee"), and Cowlitz County, Washington, a political subdivision ofthe State of Washington, acting by and through its Board of Commissioners ( the " County), on the date stated below.

RECITALS

1. The County imposes, in addition to other taxes authorized by law, a nine one-hundredths of one percent( 0.09%) tax of the selling price in the case of sales tax or value of the article used in the case of a use tax as allowed by RCW 82. 14. 370 and Cowlitz County Code 3. 21.

3. The Grantee submitted an application for grants ofup to $365,500 in fiends from the Distressed County Public Facilities Fund for year 2026 for Dougherty Sewer Force Main Extension, the " Project". The application is attached as Exhibit 1 and incorporated as part of Attachment A—Scope of Work for Project.

4. The County reviewed the application, and the Board of County Commissioners decided to award a grant from the Distressed County Public Facilities Fund for the Project.

5. The Grantee represents and certifies that it is qualified to receive funds for a" public facility" under RCW 82. 14.370, and that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/or work set forth in this Agreement.

Now therefore, in consideration of the mutual covenants contained herein, the Grantee and the County agree as follows:

AGREEMENT

1. Incorporation of Recitals. The above Recitals are hereby incorporated into the substantive provisions ofthis Agreement.

2. Purpose of Interlocal Grant Agreement. The purpose of this Agreement is to set forth the terms and conditions by which the County will provide the Grantee with a grant award to be used to pay or reimburse necessary expenditures incurred for the Project.

3. Term. This Agreement shall take effect on upon execution of this agreement and terminate on March 31, 2027.

4. Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures consistent with and as detailed in Attachment A.- Scope of Work for Project.

5. Grant Amount. The Grantee is awarded a total of$ 365, 500.

6. Budget. The Grant Award shall be expended by the Grantee as set forth in Attachment B -Budget.

8. Reporting Requirements. In addition to the responsibilities outlined herein and in Attachment A- Scope of Work for Project, at least once a quarter, and at the conclusion of either the grant expenditure or the grant contract period, the Grantee shall provide a report on the progress made to date on the Project, using such forms and meeting such requirements as determined by the County. Such reports shall be provided by the Grantee to the County electronically to the County' s Project Manager identified herein.

award are terminated, suspended, or otherwise lost or impaired in whole or in part.

b. Termination for Convenience. Either party may terminate this Agreement for

convenience upon giving the other party at least 30 days' advance written notice. In that event, the Grantee will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date ofthe termination.

c. Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 30 days in which to cure the default. If the default is not cured within 30 days ofnotice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

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

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

a. The Grantee shall cease to perform hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice oftermination, ifany.

b. The Grantee shall provide the County with an accounting of authorized services provided through the effective date oftermination.

12. Conflict of Interest. Grantee designees, agents, members, officers, employees, consultants, and any other public official who exercise or who has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Project, are barred from any interest, direct or indirect, in any grant or proceeds of the Project, or benefit there from, which is part of this Agreement at any time during or after such person' s tenure.

13. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State ofWashington. The venue for any dispute regarding or arising out of this Agreement shall be Cowlitz County Superior Court.

14. Personnel. The Grantee will secure at its own expense all labor and materials required to perform any work in connection with the Project. The Grantee shall be responsible for all applicable payroll, labor and industries premiums, and taxes. All employees and subcontractors ofthe Grantee shall be covered by Industrial Insurance in full compliance with Title 51 RCW. The Grantee shall defend and indemnify the County, and their officials, officers, employees, and agents from and against all claims arising from any

actual or alleged violation of the Grantee' s duties under this section or applicable law. Solely for the purposes of this indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties. The Grantee' s duty to defend and indemnify shall survive the termination of this Agreement.

For the County:

Name: Shawn Roewe

Title: Finance Manager

Department: Office of Administrative Services

Address: 207 4t' Ave. N. #308 Kelso, WA 98626

Telephone: ( 360) 577- 3064

E-mail: shawnroewe@cowlitzwa. gov

For the Grantee:

Name: Tyler Stone

Title: Public Works Director

Address: P. O. Box 370 Castle Rock, WA 98611

Telephone: 3 60- 274- 7478

Email: tstone@ci. castle- rock. wa. us

16. Notices. Any notice required or permitted to be made under this Agreement 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 oftransmission if received during the recipient' s business day or, ifnot, on the recipient' s next business day.

17. Indemnification. To the fullest extent permitted by the law, the Grantee shall indemnify, defend, and hold harmless Cowlitz County and the officials, officers, employees, and agents of each ofthem, from and against all claims in any way resulting from or arising out ofthe performance ofthis Agreement, whether such claims arise from the acts, errors or omissions of the Grantee, its subcontractors, third parties, Cowlitz County, or anyone directly or indirectly employed by any ofthem or anyone for whose acts, errors or omissions any of them may be liable. " Claim" means any loss, claim, suit, action, liability, damage or expense of any kind or nature whatsoever, including but not limited to attorneys' fees and costs, attributable to personal or bodily injury, sickness, disease, or

death, or to injury to or destruction ofproperty, including the loss ofuse resulting therefrom. The Grantee' s duty to indemnify, defend, and hold harmless includes but is not limited to claims by the Grantee' s or any subcontractor' s officers, employees, or agents. The Grantee' s duty, however, does not extend to claims arising from the sole negligence or willful misconduct ofCowlitz County, or its officials, officers, employees, and agents. Solely for the purposes ofthis indemnification provision, the Grantee expressly waives its immunity under Title 51 RCW and acknowledges that this waiver was mutually negotiated by the parties.

18. Survival of Indemnity Obligations. The parties agree all indemnity obligations shall survive the completion, expiration or termination of this Agreement.

20. Permissible Use Warranty. The Grantee warrants that its planned and actual uses ofthe grant award herein constitute permissible uses for sales and use tax funds for public facilities in rural counties consistent with RCW 82. 14. 370. This section shall survive termination of this Agreement.

21. Relationship of the Parties. This Agreement, and the Grantee' s and the County' s activities under it, shall not be construed as creating any kind ofpartnership orjoint venture, nor shall it be construed as creating any kind of independent contractor, agency or employment relationship between the Grantee and the County.

22. No Third-Party Rights. This Agreement 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.

23. Assignment. The Grantee shall not assign any of its rights or delegate any ofits duties under this Agreement without the prior express written consent of the County, which may be granted or refused at the County' s sole discretion.

24. Waiver. No term or condition of this Agreement shall be deemed waived unless such waiver is expressly agreed to in writing by the party granting the waiver. In addition, waiver ofany breach ofthis Agreement shall not be deemed a waiver ofany prior or subsequent breach.

25. Amendment. This Agreement can only be amended in writing, and only upon execution by both parties.

26. Entire Agreement. The parties acknowledge that this Agreement is the complete expression oftheir agreement regarding the subject matter ofthis Agreement. Any oral

or written representations or understandings not incorporated into this Agreement are specifically excluded.

27. Headings. The headings in this Agreement are for convenience only and shall not be deemed to affect the meaning of its provisions.

28. Severability. Ifany provision ofthis Agreement is held by a court ofcompetent 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.

29. Signature Authority. Each person signing this Agreement on behalf of a party warrants that he or she has full authority to sign this Agreement on that party' s behalf.

30. Counterparts. This Agreement 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.

31. Attachments. The following attachments are incorporated into this Agreement by reference.

a. Attachment A—Scope of Work for Project

b. Attachment B— Budget

c. Attachment C— Certification Form

d. Attachment D— Invoice Form

IN WITNESS WHEREOF, the parties have executed this Agreement on this _ day of , 20

RECIPIENT: BOARD OF COUNTY COMMISSIONERS

rS1911d11: OF COWLITZ COUNTY, WASHINGTON au RaLLJ'wo 69 IRRF s840d48... Signature

Paul Helenberg

Print name:

Mayor

Richard R. Dahl, Chairman

Steven L. Ferrell, Commissioner

Steve Rader, Commissioner

Title: ATTEST:

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY Kelly Grayson, Clerk of the Board

PROSECUTING ATTORNEY Date

ATTACHMENT A- SCOPE OF WORK FOR PROJECT

The Grantee is to complete Dougherty Sewer Force Main Extension project.

1. The Project shall:

Complete the following to Dougherty Sewer Force Main Extension project: The project involves a 6- in sewer force main approximately 800 feet along USDOT right-of-way near I-5, Exit 49, in Castle Rock. Extend the pressure zone, bypass the residential neighborhood, and connect directly to the main sewer system on Huntington Avenue. Obtain USDOT right-of-way permit

a. Project shall comply with all City required procurement processes

b. Project shall commence in 2026 and complete by March 31, 2027

If action to correct substandard performance is not taken by the Grantee within 30 days after being notified by the County, then the County may terminate the Agreement as described herein.

Page 8 of 17

ATTACHMENT B - BUDGET

1. Budget. The County shall reimburse the Grantee in an amount not to exceed $ 365, 500. Unspent grant proceeds will be reallocated at the discretion of the County.

2. Payment. Subject to Section 1, the County shall reimburse the Grantee for costs and expenses necessary to perform activities described in the Scope of Work for Project. The Grantee shall ensure that requests for reimbursements are based on billings supported by appropriate documentation of costs and expenses actually incurred. Additionally, the Grantee shall ensure that monthly invoices include receipts, reports, and other detailed documentation of charges.

3. Invoices. The Grantee shall submit invoices using the County' s form, or such other form as approved by the County. Consideration for services shall be payable upon receipt of properly completed invoices which shall be submitted to the County Contract Representative within this Agreement, by the Grantee, 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 ofthe Project, and fees. The final invoice must be received by the County no later than the 30 calendar days following the end of this Agreement.

4. Duplication. The Grantee assures that work performed and invoiced does not duplicate work to be charged to the County and State ofWashington under any other contract or agreement with the Grantee.

5. Advance Payment. The County shall not make any payments in advance or in anticipation ofthe delivery of services to be provided pursuant to this Agreement.

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

Page 9 of 17

ATTACHMENT C - CERTIFICATION

I, Tyler Stone am the Public Works Director of the City of Castle Rock and I certify that:

1. I have authority and approval from the governing body on behalf of the Grantee to accept proceeds from the County per Agreement for the Project by and between the County and Grantee.

2. I certify the use of funds submitted for reimbursement or payment under this Agreement were used only to cover those costs that:

a. Are necessary expenditures incurred in support of the Project

b. Were incurred during the period that begins in June 2026 through March 31, 2027.

3. I understand the Grantee receiving funds pursuant to this certification shall retain documentation of all uses of the funds, including but not limited to invoices and/ or sales receipts and such documentation shall be produced to the County upon request and may be subject to audit by the State Auditor.

I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any of the information in this document could subject me to punishment under federal, civil liability and/ or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code Sec. 1001, et seq. And punishment under Federal law. ter `S

Printea Name Signature

ATTCHMENT D— INVOICE TEMPLATE

INVOICE

DATE

BILL TO: Cowlitz County Office of Administrative Services

207 N. 4t' Avenue, Room 308

Kelso, WA 98626

1. Amount Billed this invoice Description: ( attach supporting documentation)

2. Amount previously Billed

3. Amount not yet Billed

Total contract agreement ( items 1- 3)

Rural County Public Facility FundApplication

SECTION 1: APPLICANT

Project Title Dougherty Sewer Force Main Extension

Applicant City of Castle Rock

Contact Person Tyler Stone

Title Public Works Director

Mailing Address City of Castle Rock PO Box 370 Castle Rock, WA 98611

Capital Facilities Plan Castle Rock Capital Facility Plan where Project is Listed

Telephone 360) 274- 7478

E- mail tstone caci. castle-rock.wa.us

Federal Tax I.D.: 91- 6001409

Signature of Authorize Official: 3/ t 17-

Date

SECTION 2: PROJECT ELIGIBILITY

Money collected under RCW 82. 14.370 shall be used on public facilities and for economic development purposes. Select the type of public facility that applies to your project:

Is the project currently listed in one or more ofthe following plans( check all that apply): Comprehensive Economic Development Strategy Report County' s Capital Facilities Plan

Your agency comprehensive or capital facilities plan

Other;.please specify:

SECTION 3: PROJECT BUDGET ESTIMATES

365, 000 Engineers Opinion of Probable Cost

Will rural county public facility funds be used to leverage other funds? No

365, 500

Amount of request that will be treated as a loan$ 0

The City of Castle Rock Public Works Department has a strong track record of successfully managing and delivering infrastructure projects. City staff will oversee the project and coordinate with contractors to ensure the project is completed efficiently and cost-effectively. Their experience will help maximize the impact of rural county public facility funds.

If a loan is proposed, please provide the following details: a) State Investment Board interest rate will be applied term of loan( in years) of payments date payments would start

SECTION 5: PROJECT SUMMARY

a) Type, size, location and use of public facility.

The project involves a 6-inch sewer force main approximately 800 feet along WSDOT right-of-way near 1-5, Exit 49, in Castle Rock. The existing sewer force main currently pumps into a manhole and flows by gravity through a residential area. The proposed line will extend the pressure zone, bypass the residential neighborhood, and connect directly to the main sewer system on Huntington Avenue. This sewer line conveys wastewater from the east side of Castle Rock, improves system reliability, and increases capacity to support current and future residential, commercial, and recreational development.

b) Indicate why the rural county public facility funds are necessary for the project to succeed.

Castle Rock has been focused on supporting safe, sustainable growth and creating an environment where people want to live, work, and invest. Significant development is planned along the east side of the city, including residential, commercial, and recreational opportunities. However, the existing sewer system in this area is at maximum capacity, limiting safe expansion and posing risks to current residents. Realigning the sewer force main will remove a major development constraint on the east side of Castle Rock, allowing planned commercial and residential projects to proceed and supporting long-term job creation in the community. It is crucial to provide this sewer infrastructure to protect neighborhoods, support rural development, and accommodate new businesses and housing. The realignment and extension ofthis sewer line is essential for the continued growth and success of Castle Rock.

c) Is the project ready to proceed? If the project is not ready to proceed, describe what must be completed before the project is ready and estimate a start date. With county commitment of these funds, design can begin immediately, and construction can be completed in early 2027.

d) Ifapplicable, list all permits and environmental reviews required and give their current status( applied for, permit issued, etc.)

WSDOT right-of-way permit will be required but has not been applied for.

e) Estimate the date for project completion. The estimated completion date is March 2027.

f) Does this proposed project duplicate existing capacity in the community-either public or private?

No, this project does not duplicate existing capacity. The current sewer line is at maximum capacity and runs through a residential area. Extending the line along WSDOT right-of-way bypasses homes, increases system reliability, and provides needed capacity for future development on the east side of Castle Rock.

SECTION 6: PROJECT GOALS

Promote the ongoing operation of business in rural distressed areas; The sewer extension provides reliable infrastructure for the east side of Castle Rock, allowing existing businesses and services to operate safely and efficiently.

Promote the expansion of existing business in rural distressed areas; By increasing sewer flow capacity, the project enables existing businesses to expand, adding new facilities or increasing service capacity, directly supporting and encouraging business growth in these areas.

Attract new businesses to rural distressed areas; Extending the sewer line removes a major financial barrier for new developers who could not otherwise afford the bypass work. This increases the feasibility of new investment, attracting restaurants, lodging, retail, and other enterprises to the area.

Assist in the development of new businesses from within rural distressed areas; With the current sewer flow at maximum capacity, local developers face barriers to starting new businesses. This project provides critical infrastructure, enabling new development and fostering economic growth in Castle Rock.

Provide family wage jobs to the citizens ofrural distressed areas. Specifically identify the number and type offamily wagejobs that will be created or retained as a result ofyour project:

Construction

Permanent full time

Permanent part-time

Seasonal

No. ofjobs: 6

No. ofjobs: 120( 45- 60 Family wage jobs)

No. ofjobs: 40-70

No. ofjobs: 10-25

Promote the development of communities of excellence in rural distressed areas;

SECTION 8: PROJECT TIME LINE

Preliminary Engineering Report

Environmental Review( s)

Estimated Completion Date month- year)

June 2026

N/A

All Required Permits Obtained September 2026

Land/Right-of-Way Acquisition N/ A

Prepare Bid Documents October 2026

Award Construction Contract( s) December 2026

Begin Construction— Shovel ready February 2027

Project Operational March 2027

DUE NOT LATERTHAN: March 17, 2026 @ 4:30 p.m.

SUBMITANELECTRONIC ORIGINAL AND FIVE( 5) PAPER COPIES TO:

Cowlitz County, Office of Administrative Services

shawnrcewe-_, cowli tA-va. Qov

Attn: Shawn Roewe

207 Fourth Avenue North# 308

Kelso, WA 98626

Telephone:( 360) 577- 3065, ext.# 6984

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Medication for Opioid Use Disorder

Submitted By: Christopher Moses, Captain - Jail

Submitted For: Marin Fox, Corrections Director

Department: CCCD- Offender Services

Information

Subject and Summary Statement

On March 15, 2022 the County entered into a contract with the Washington State Health Care Authority, for the purpose ofdeveloping, implementing and continuing to expand Medication for Opioid Use Disorder( MOUD) and Medications for Alcohol Use Disorder( MAUD) injails program. This amendment extends the contract another year, ending June 30, 2027.

Staff Attendance

Marin Fox

Department Recommendation

It is the recommendation of the Corrections Department that the BOCC enter into this agreement with the HCA, and move to approve this contract for Opioid Use Disorder( MOUD) and Medications for Alcohol Use Disorder( MAUD) in Jails Program.

Form Review

Washington State

HCA Contract No.: K5882

Amendment No.: 05

THIS AMENDMENT TO THE CONTRACT is between the Washington State Health Care Authority and the party whose name appears below, and is effective as of the date set forth below.

CONTRACTOR NAME

Cowlitz County Corrections Department

CONTRACTOR ADDRESS

1935 1 st Avenue

Longview, WA 98632

CONTRACTOR doing business as( DBA)

CONTRACTOR CONTRACT MANAGER

Name: Chris Moses

Email: mosesc( a_)co. cowl itz. wa. us

AMENDMENT START DATE CONTRACT END DATE

July 1, 2026

June 30, 2027

WHEREAS, HCA and Contractor entered into Contract K5882 for the development and implementation of the Medication for Opioid Use Disorder ( MOUD) and Medications for Alcohol Use Disorder ( MAUD) in Jails programs, and;

WHEREAS, HCA and Contractor wish to amend the Contract pursuant to Section 4.3, Amendments, to extend the Contract term, increase funding, and incorporate a revised and restated Statement of Work;

THEREFORE, the parties agree the Contract is amended as follows:

1. Contract Section 2, Definitions, two ( 2) new defined terms are incorporated in alphabetical order. The new defined terms are as follows:

Informed Refusal" is when an individual refuses treatment after an explanation of the treatment is provided including, its benefits and risks, alternatives, addressing the individual' s concerns and exploration of any reasonable way of addressing the concerns to avoid refusal, and explanation of the risks of refusal, all this provided in a manner that is comprehensible by the individual.

Appears Unwell" means to demonstrate signs, symptoms, or indications observable by a layperson that ( 1) indicate an individual may be sick ( physically or psychologically); or (2) in the case of a patient who has already been assessed by a qualified health care professional, indicate the individual's condition is worsening, becoming unstable, or becoming a danger to themselves or others.

2. Contract Section 3. 2, Term, subsection 3. 2. 1, is amended to extend the Contract term as follows:

3. 2. 1 The initial term of the Contract will commence on March 1, 2022, and continue through June 30, 2027, unless terminated sooner as provided herein.

3. Contract Section 3. 3, Compensation, subsection 3. 3. 1 is amended to reflect the $ 437, 000 increase in funding, subsection 3. 3. 1 now reads as follows:

3. 3. 1 The parties have determined the cost of accomplishing the work herein will not exceed 2, 180, 261, inclusive of all fees, taxes, and expenses. Compensation for satisfactory performance of the work will not exceed this amount unless the parties agree to a higher amount through an amendment.

4. A new Schedule A-5, Statement of Work, is added to prevent redundancy between the previous Schedule A( s), Statement( s) of Work, while also incorporating updates. In the event of an inconsistency the revised and restated Schedule A-5, Statement of Work, shall supersede all previous Schedule A( s), Statement(s) of Work.

The revised and restated Schedule A-5, Statement of Work, is attached hereto and by this reference is incorporated into the Contract.

5. A new Attachment 1- A, EXAMPLE- MOUD & MAUD in Jails Program Monthly Progress Report, is added to provide Contractor with the new reporting template to be required beginning July 1, 2026. The updated Attachment 1- A, EXAMPLE- MOUD & MAUD in Jails Program Monthly Progress Report, is attached hereto and by this reference is incorporated into the Contract.

6. This Amendment is effective July 1, 2026, (" Effective Date").

7. All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Contract.

8. All other terms and conditions of the Contract remain unchanged and in full force and effect.

The parties signing below warrant that they have read and understand this Amendment and have authority to execute the Amendment. This Amendment will be binding on HCA only upon signature by both parties. CONTRACTOR

by:

Annette Schuffenhauer

Chief Legal Officer

5/ 31/ 2026

SCHEDULE A-5

Statement of Work

1. PURPOSE

To support a comprehensive treatment program for incarcerated individuals with Opioid Use Disorder (OUD) and Alcohol Use Disorder ( AUD), beginning with screening upon entry and ending with seamless transition to care in the community, with use of Medications for Opioid Use Disorder (MOUD) and Medications for Alcohol Use Disorder ( MAUD) at its core.

This Contract supports RCW 71. 24. 599: Opioid use disorder— City and county jails— Funding. ( wa. gov).

Health Equity - This program also intends to address inequities in treatment and recovery services by providing medically necessary treatment to incarcerated individuals. Programs should understand cultural barriers and provide culturally appropriate services. Additionally, this program intends to identify stigma and educate to ensure ongoing collaboration and openness to change.

2. PERFORMANCE EXPECTATIONS

In addition to the performance expectations outlined in Contract Section 3. 1, Performance Expectations, the following expectations are also required, as applicable:

2. 1. Treatment Requirements for American Indian/ Alaska Native ( AI/ AN) Individuals

For American Indian/Alaska Native (AI/AN) individuals receiving Medications for Opioid Use Disorder MOUD) and/or Medications for Alcohol Use Disorder ( MAUD) services, Contractor, shall coordinate with the individual' s Indian Health Care Provider ( IHCP) to ensure the IHCP can participate in treatment and discharge planning, including continuity of care in the nearest IHCP clinically appropriate setting.

3. WORK EXPECTATIONS

Contractor shall ensure funds are responsibly used towards the Opioid Use Disorder (OUD) and Alcohol Use Disorder (AUD) treatment programs in the jail and provide the community standard of care, including, at a minimum, the following core components:

3. 1. General Requirements

3. 1. 1. Unless otherwise stated in this Statement of Work, Section 3, Work Expectations, Contractor shall follow Guidelines for Managing Substance Withdrawal in Jails.

3. 1. 2. All refusals of care required under this contract must be Informed Refusals, one element of which is that the individual must have decisionmaking capacity.

3. 1. 2. 1. If an individual expresses a desire to refuse a treatment, appears well, and there is no urgency to the treatment, treatment may be delayed until an appropriately licensed professional determines they have decisionmaking capacity and obtains an Informed Refusal.

3. 1. 2. 2. If an individual expresses a desire to refuse a treatment ( i. e., someone who then needs to undergo an Informed Refusal) and either appears unwell or the treatment is urgent, Contractor will arrange for immediate evaluation of the individual' s decisionmaking capacity ( i. e., onsite or at a community hospital), and, if they have such capacity, immediately execute an Informed Refusal.

a. If sent to a community hospital, Contractor shall not accept the individual back at the jail until it is clinically safe to do so, and they have regained decisionmaking capacity.

3. 1. 2. 3. Decision- making capacity shall only be determined by a medical or mental health prescriber ( e. g., physician, nurse practitioner, physician assistant) or a licensed mental health professional at the master's level or higher. Informed Refusal shall only be executed by a prescriber.

3. 2. Intake

3. 2. 1. Screen all newly admitted individuals for risk of acute withdrawal from opioids and alcohol upon intake.

3. 2. 2. MOUD', MAUD2, and other medications which support the relief of withdrawal symptoms, such as alpha- 2 adrenergic agonists ( e. g., lofexidine), anti- emetics, antidiarrheals, analgesics, and fluid and electrolyte replacement ( e. g., Gatorade®) must be offered to individuals at no charge to the individual.

3. 2. 3. Offer initiation of MOUD treatment to individuals who are physically dependent on opioids, may have withdrawal symptoms, or have disclosed recent use and anticipate withdrawal. Facilities shall not require tapering from the illicit opioid unless clinically indicated.

3. 2. 4. Offer treatment for withdrawal with benzodiazepines to individuals entering the facility who are physically dependent on alcohol, if clinically appropriate.

3. 2. 5. Continue MOUD and MAUD for individuals who are already taking these medications upon entering the facility. Continue the individual on the same medication at the same dose unless ordered otherwise by the prescriber based on clinical need, unless one of the following exceptions is applicable:

3. 2. 5. 1. Injectable long- acting naltrexone may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted.

3. 2. 5. 2. Injectable long-acting buprenorphine may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted.

3. 2. 5. 3. Oral buprenorphine may be converted to any of the three formulations available: film, tablet with naloxone, or tablet without naloxone.

3. 2. 5. 4. If the individual is not pregnant, methadone may be transitioned to buprenorphine if one of the following is applicable:

a. Contractor is not a licensed Opioid Treatment Program ( OTP) and the nearest OTP willing to collaborate with the jail to provide methadone is not within reasonable driving distance from the jail, and the jail does not have nursing staff on site seven

Methadone, buprenorphine, naltrexone

2 Naltrexone, acamprosate

7) days a week. The individual must be started back on methadone prior to release if they plan to resume methadone in the community.

b. There is no OTP within reasonable distance of the individual' s release residence.

3. 2. 5. 5. Though MOUD/ MAUD must not be discontinued on a policy or administrative basis because of the presence of other illicit or controlled substances, administration of the community- based MOUD or MAUD may be adjusted if clinically necessary due to pharmacologic risks of drug- drug interaction.

3. 2. 6. Contractor shall screen for OUD and AUD without physical dependence (i. e., without a risk of acute withdrawal) and history of opioid overdose, soon after intake.

3. 2. 7. Educate individuals on treatment choices and the process for continuation of access to MOUD/ MAUD during incarceration and upon release.

3. 2. 8. Make available and offer treatment using some formulation of methadone, buprenorphine, or naltrexone based on a mutually agreed- upon plan between the prescriber and the individual. The plan must take into consideration, among other clinically relevant factors, the availability of specific medications at their residence of release.

3. 2. 8. 1. Contractor may provide naltrexone or buprenorphine in oral formulation, with or without naloxone while the individual is incarcerated but must offer an oral formulation of buprenorphine WITH naloxone unless there is a clinical reason not to do so, e. g., the individual is allergic to naloxone at release.

3. 2. 9. Contractor shall not allow an individual to undergo opioid withdrawal, including withdrawal using a tapering dose of buprenorphine or methadone, unless the individual provides an Informed Refusal of continuing maintenance MOUD treatment after withdrawing or the individual elects MOUD treatment with naltrexone.

3. 2. 9. 1. In either case, Contractor will offer the individual tapering doses of buprenorphine or methadone supplemented, as necessary, with alpha-2 adrenergic agonists (e.g., lofexidine), anti- emetics, antidiarrheals, analgesics, fluid and electrolyte replacement e. g., Gatorade®).

3. 2. 9. 2. Initiation of buprenorphine or methadone, whether for maintenance or for withdrawal, must not be delayed for administrative reasons, e. g., unavailability of a prescriber, beyond when they are clinically indicated to be started.

3. 3. During Incarceration

3. 3. 1. Offer initiation of maintenance MOUD/ MAUD to individuals who did not start MOUD/ MAUD for acute opioid or alcohol withdrawal as identified at intake, e. g., individuals with OUD but without physical dependence, or individuals with AUD who underwent withdrawal.

3. 3. 1. 1. For all individuals initiation should begin soon enough to attempt stabilization of dosing prior to release.

3. 3. 1. 2. For individuals with a history of opioid overdose, initiation should begin as soon as possible after identified.

3. 3. 2. Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release.

3. 3. 3. Contractor shall not use alternate-day or" balloon" dosing of buprenorphine ( i. e., administering a dose of medication on one ( 1) day which is intended to last for two (2) or more days).

3. 3. 4. Administer methadone and buprenorphine more often than one dose daily if clinically necessary, e. g., in some pregnant or post- partum individuals, those who metabolize the medication faster, and individuals who have side effects from large single doses.

3. 3. 5. Offer counseling to individuals for their OUD/AUD if they are expected to remain in jail for longer than one ( 1) month. Provide MOUD/ MAUD regardless of the individual' s willingness to participate in counseling.

3. 3. 6. There may be reasons an individual will not continue MOUD/ MAUD in the community, such as no available treatment provider in the community to which the individual is released. If the individual will not continue MOUD/ MAUD in the community, the decision when or if to discontinue MOUD/ MAUD prior to release must be based on a mutually agreed- upon decision between the individual and the prescriber and must consider factors, including but not limited to, the risks of opioid misuse or overdose during incarceration, and the individual' s willingness to receive a four-week (4-week) dose of an extended- release injectable buprenorphine just prior to release which will provide a safe, tapered withdrawal.

3. 4. Release

Contractor must accomplish the following prior to each individual' s release from jail:

3. 4. 1. Complete release planning and reentry coordination as soon as possible after admission to ensure an effective plan is in place prior to release, including in the event of an unexpected release of an individual who needs continued treatment and services.

3. 4. 2. Provide at least two ( 2) doses of an opioid reversal agent ( e. g., naloxone or Narcan®) and training on how to administer the medication to all individuals with OUD.

3. 4. 3. Schedule the first community appointment with a treatment facility for continuation of MOUD or MAUD.

3. 4. 4. Provide in hand, upon release, and at no cost to the individual, a sufficient number of doses of MOUD and/ or MAUD to bridge the individual until the scheduled MOUD/ MAUD follow- up appointment at the selected community treatment facility.

3. 4. 4. 1. If an individual is on a long- acting injectable medication, the Contractor will ensure the timing of the injectable medication ensures sustained treatment effect to bridge the individual to the scheduled MOUD/ MAUD follow-up appointment at the selected community treatment facility.

3. 4. 4. 2. If an individual is at risk of being released directly from court, inform them prior to going to court that they may request to be transported back to jail by staff to receive these medications prior to going home.

3. 4. 4. 3. In situations where a follow- up appointment upon release cannot be made, e. g., afterhours bailout, give the individual enough medication to last until the next available appointment at the community treatment. If the appointment date is unknown or cannot be reliably estimated, give the individual a 30-day supply at minimum.

3. 4. 4. 4. In situations where medications cannot be provided upon release, e. g., unscheduled release at a time when medical staff are not present in jail, Contractor must ensure the following:

a. The individual is informed that they may either return to the jail in the morning to receive bridge medications; or

b. If no medical staff are present the following day, call in a prescription for the same bridge medication to a local pharmacy, at no cost to the individual.

3. 4. 5. Assist Medicaid- eligible individuals to sign up for Medicaid or assist individuals whose Medicaid coverage has been terminated to reestablish coverage.

3. 4. 6. For any individual with Medicaid coverage, work cooperatively with the individual' s Managed Care Organizations ( MCO) to facilitate re-entry benefits and continued treatment with a community partner, including but not limited to allowing the MCO' s agent timely access to the jail and the individual.

3. 5. Contract Management

3. 5. 1. Ensure operation specific tools, such as job descriptions, policies and procedures, and statements of work, are developed, and staff are adequately trained, to ensure consistent and appropriate practice.

3. 5. 2. Attend monthly meetings with the HCA Contract Manager to discuss Contract requirements, compliance, and problem- solving. Attend additional meetings as required or deemed necessary by the HCA Contract Manager.

3. 5. 3. Contractor shall cooperate with periodic site visits by the HCA Contract Manager or designee and make all relevant records and personnel available.

4. REPORTING

Contractor shall complete performance monitoring activities, including the submission of timely and accurate data reports to the HCA Contract Manager, utilizing the HCA provided templates. Further evaluation, including on- and off-site data collection, may be conducted by HCA or an HCA-designated third party. Reporting shall include, but is not limited to, the following:

4. 1. Monthly Progress Reports

4. 1. 1. Due no later than the 10' day of the month following the month in which the services being reported were provided.

4. 1. 2. See Attachment 1- A, EXAMPLE- MOUD & MAUD in Jails Program Monthly Progress Report.

4. 2. Monthly Data Collection Spreadsheet

4. 2. 1. Due no later than the 10th day of the month following the month in which the services being reported were provided.

4. 2. 2. See Attachment 2, MOUD Monthly Data Collection Spreadsheet.

4. 3. Data Collection Format

4. 3. 1. HCA anticipates shifting the data collection format from MFT to Program Data Acquisition Management and Storage ( PDAMS) system during the term of this Contract. Contractor shall continue to collect data via Managed File Transfer (MFT) method until notified otherwise by the HCA Contract Manager in writing.

4. 3. 1. 1. HCA Contract Manager shall notify Contractor of this change no less than ten ( 10) Business Days before implementing the new collection format.

5. COST REIMBURSEMENT

The payment format for this Contract is established as cost reimbursement. Reports and receipts must be submitted monthly with each A- 19 invoice, as identified in this section and in Contract Section 3. 4, Invoice and Payment.

5. 1. Allowable Expenses

Funding provided under this Contract must be used to support a MOUD/MAUD program at the jail. Contractor is not currently participating in the Medicaid Reentry Waiver and is unable to bill Medicaid for reimbursable services. If Contractor' s status changes Contractor must notify the HCA Contract Manager to negotiate an amendment to this Contract.

Contractor shall submit a written request to the HCA Contract Manager prior to the purchase of any items not included in the list below. Requests must be submitted no less than fifteen ( 15) Business Days prior to purchasing and HCA approval must be granted, in writing, prior to purchasing.

The following is a list of allowable expenses:

5. 1. 1. Program Staff

5. 1. 1. 1. Nurses; 5. 1. 1. 2. Medical assistants;

5. 1. 1. 3. Health Care Providers;

5. 1. 1. 4. Prescribers;

5. 1. 1. 5. Correctional staff;

5. 1. 1. 6. Clerical and/or administrative staff for program reporting and administration; and

5. 1. 1. 7. Other program staff as needed.

5. 1. 2. MOUD, MAUD, and Medications

5. 1. 2. 1. FDA approved Medications for Opioid Use Disorder:

a. Buprenorphine, including long- acting, injectable buprenorphine;

b. Methadone; and

c. Naltrexone.

5. 1. 2. 2. FDA approved Medications for Alcohol Use Disorder ( MAUD).

5. 1. 2. 3. Naloxone for Contractor and Contractor staff.

5. 1. 3. Program Supplies

5. 1. 3. 1. Technology:

a. Tablets;

b. Phones;

c. Security;

d. Internet or wi- fi enhancements to allow for telehealth; and

e. Other supplies if approved by the HCA Contract Manager as outlined in Section 4. 1, Allowable Expenses.

5. 1. 3. 2. MOUD and MAUD Program Staff Office Needs:

a. Desk;

b. Chair;

c. Computer; and

d. Phone.

5. 1. 4. Release and Reentry

5. 1. 4. 1. Transportation for participating individuals upon release to facilitate treatment services such as first community appointment, picking up prescriptions, safe place facilities, etc.

5. 1. 4. 2. Release kit items such as:

a. Naloxone;

b. Gift cards;

c. Clothing and shoes;

d. Personal hygiene items; and

e. Phones.

5. 2. Monthly Estimated Costs

5. 2. 1. The estimated monthly cost reimbursement is as follows:

5. 2. 1. 1. July 1, 2026— June 30, 2027

5. 3.

5. 2. 2. Adjustments revising twenty- five percent ( 25%) or more of the Monthly Estimated Costs as identified in this section 5. 2 must be submitted to the HCA Contract Manager or designee for approval in writing, via email, at least fifteen ( 15) Business Days prior to expending the adjusted funds.

5. 2. 3. HCA approval must be granted, in writing, prior to expending funds.

Invoicing

Invoices must be submitted in conjunction with the monthly reports identified in this Statement of Work, Section 4, Reporting, and as follows:

5. 3. 1. Invoices shall be due no later than the tenth ( loth) day of the month following the month in which the expenses being invoiced were expended; and

5. 3. 2. As outlined in Contract Section 3. 4, Invoice and Payment.

ATTACHMENT 1- A

EXAMPLE - MOUD & MAUD in Jails Program Monthly Progress Report

NOTE: Example below provided for reference only, the HCA Contract Manager will provide the fillable form for Contractor use prior to the July 1, 2026, implementation date.

CONTRACTOR NAME:

PROJECT MANAGER( S):

1. INTAKE

Screen all newly admitted individuals for risk of acute withdrawal from opioids and alcohol upon intake.

MOUD3, MAUD', and other medications which support the relief of withdrawal symptoms, such as alpha- 2 adrenergic agonists ( e. g., lofexidine), anti- emetics, antidiarrheals, analgesics, and fluid and electrolyte replacement ( e. g., Gatorade®) must be offered to individuals at no charge to the individual.

Offer initiation of MOUD treatment to individuals who are physically dependent on opioids, may have withdrawal symptoms, or have disclosed recent use and anticipate withdrawal. Facilities shall not require tapering from the illicit opioid unless clinically indicated.

Offer treatment for withdrawal with benzodiazepines to individuals entering the facility who are physically dependent on alcohol, if clinically appropriate.

Continue MOUD and MAUD for individuals who are already taking these medications upon entering the facility. Continue the individual on the same medication at the same dose unless ordered otherwise by the prescriber based on clinical need, unless one of the following exceptions is applicable:

Injectable long- acting naltrexone may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted.

Injectable long- acting buprenorphine may be converted to an equivalent oral dose until just prior to release at which time the injectable form shall be restarted.

Oral buprenorphine may be converted to any of the three formulations available: film, tablet with naloxone, or tablet without naloxone.

If the individual is not pregnant, methadone may be transitioned to buprenorphine if one of the following is applicable:

o Contractor is not a licensed Opioid Treatment Program ( OTP) and the nearest OTP willing to collaborate with the jail to provide methadone is not within reasonable driving distance from the jail, and the jail does not have nursing staff on site seven (7) days a week. The individual must be started back on methadone prior to release if they plan to resume methadone in the community. T

o There is no* P within reasonable distance of the individual' s release residence.

3 Methadone, buprenorphine, naltrexone a Naltrexone, acamprosate

Though MOUD/ MAUD must not be discontinued on a policy or administrative basis because of the presence of other illicit or controlled substances, administration of the community- based MOUD or MAUD may be adjusted if clinically necessary due to pharmacologic risks of drug-drug interaction.

Contractor shall screen for OUD and AUD without physical dependence ( i. e., without a risk of acute withdrawal) and history of opioid overdose, soon after intake.

Educate individuals on treatment choices and the process for continuation of access to MOUD/MAUD during incarceration and upon release.

Make available and offer treatment using some formulation of methadone, buprenorphine, or naltrexone based on a mutually agreed-upon plan between the prescriber and the individual. The plan must take into consideration, among other clinically relevant factors, the availability of specific medications at their residence of release.

Contractor may provide naltrexone or buprenorphine in oral formulation, with or without naloxone while the individual is incarcerated but must offer an oral formulation of buprenorphine WITH naloxone unless there is a clinical reason not to do so, e. g., the individual is allergic to naloxone at release.

Contractor shall not allow an individual to undergo opioid withdrawal, including withdrawal using a tapering dose of buprenorphine or methadone, unless the individual provides an Informed Refusal of continuing maintenance MOUD treatment after withdrawing or the individual elects MOUD treatment with naltrexone.

In either case, Contractor will offer the individual tapering doses of buprenorphine or methadone supplemented, as necessary, with alpha- 2 adrenergic agonists ( e. g., lofexidine), anti- emetics, antidiarrheals, analgesics, fluid and electrolyte replacement (e.g., Gatorade®)).

Initiation of buprenorphine or methadone, whether for maintenance or for withdrawal, must not be delayed for administrative reasons, e. g., unavailability of a prescriber, beyond when they are clinically indicated to be started.

DURING INCARCERATION

Offer initiation of maintenance MOUD/ MAUD to individuals who did not start MOUD/ MAUD for acute opioid or alcohol withdrawal as identified at intake, e. g., individuals with OUD but without physical dependence, or individuals with AUD who underwent withdrawal.

For all individuals initiation should begin soon enough to attempt stabilization of dosing prior to release.

For duals with a history of opioid overdose, initiation should begin as soon as possible after iified. 4

Educate individuals on treatment choices and the process for continuation of access to MOUD/ MAUD during incarceration and upon release.

Contractor shall not use alternate-day or" balloon" dosing of buprenorphine ( i. e., administering a dose of medication on one ( 1) day which is intended to last for two (2) or more days).

Administer methadone and buprenorphine more often than one dose daily if clinically necessary, e.g., in some pregnant or post-partum individuals, those who metabolize the medication faster, and individuals who have side effects from large single doses.

Offer counseling to individuals for their OUD/ AUD if they are expected to remain in jail for longer than one ( 1) month. Provide MOUD/MAUD regardless of the individual's willingness to participate in counseling.

There may be reasons an individual will not continue MOUD/ MAUD in the community, such as no available treatment provider in the community to which the individual is released. If the individual will not continue MOUD/MAUD in the community, the decision when or if to discontinue MOUD/MAUD prior to release must be based on a mutually agreed- upon decision between the individual and the prescriber and must consider factors, including but not limited to, the risks of opioid misuse or overdose during incarceration, and the individual's willingness to receive a four-week (4-week) dose of an extended- release injectable buprenorphine just prior to release which will provide a safe, tapered withdrawal.

3. RELEASE

Contractor must accomplish the following prior to each individual' s rase from jail:

Complete release planning and reentry coordination as soon as possible after admission to ensure an effective plan is in place prior to release, including in the event of an unexpected release of an individual who needs continued treatment and services.

Provide at least two ( 2) doses of an opioid reversal agent ( e. g., naloxone or Narcan®) and training on how to administer the medication to all individuals with OUD.

Schedule the first community appointment with a treatment facility for continuation of MOUD or MAUD.

Provide in hand, upon release, and at no cost to the individual, a sufficient number of doses of MOUD and/or MAUD to bridge the individual until the scheduled MOUD/MAUD follow-up appointment at the selected community treatment facility.

If an individual is on a long-acting injectable medication, the Contractor will ensure the timing of the injectable medication ensures sustained treatment effect to bridge the individual to the scheduled MOUD/ MAUD follow-up appointment at the selected community treatment facility.

If an individual is at risk of being released directly from court, inform them prior to going to court that they may request to be transported back to jail by staff to receive these medications prior to going home.

In situations where a follow- up appointment upon release cannot be made, e. g., afterhours bailout, give the individual enough medication to last until the next available appointment at the community treatment. If the appointment date is unknown or cannot be reliably estimated, give the individual a 30-day supply at minimum.

In situations where medications cannot be provided upon release, e. g., unscheduled release at a time when medical staff are not present in jail, Contractor must ensure the following:

o The individual is informed that they may either return to the jail in the morning to receive bridge medications; or

o If no medical staff are present the following day, call in a prescription for the same bridge medication to a local pharmacy, at no cost to the individual.

Assist Medicaid- eligible individuals to sign up for Medicaid or assist individuals whose Medicaid coverage has been terminated to reestablish coverage.

For any individual with Medicaid coverage, work cooperatively with the individual' s Managed Care Organizations (MCO) to facilitate re-entry benefits and continued treatment with a community partner, including but not limited to allowing the MCO's agent timely access to the jail and the individual.

4. NOTES:

I attest that the general requirements of the MOUD/ MAUD in Jails contract have been met as indicated herein.

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Cowlitz County Tourism Website Contract

Submitted By: Shelby Hixson, Administrative Assistant III

Submitted For: Kimberly Bowcutt, Director of Event Center

Department: Cowlitz Co. Expo Ctr

Information

Subject and Summary Statement

Attached is the agreement from Fine Design Group to provide all labor, project management, strategy, design, development, testing, and implementation services to deliver a fully functional, public facing tourism website. Lodging tax funds will provide the necessary funding of$121, 000.

Staff Attendance

Kimberly Bowcutt

Department Recommendation

The Director and staff of the Cowlitz County Event Center recommend the Commissioners approve the attached agreement.

Approved:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

Attest:

PERSONAL SERVICES AGREEMENT

No. 2026- 0026- 01

This Personal Services Agreement (" Agreement' s is hereby entered into by and between FINE Design Group, Inc (" Contractor") and Cowlitz County (" County' , a political subdivision of the State of Washington; each individually referred to as" Party" and collectively referred to as" Parties".

In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. Purpose. The Contractor shall provide all labor, project management, strategy, design, development, testing, and implementation services necessary to deliver a fully functional, public- facing tourism website and partner resource platform consistent with the requirements as detailed in Section 2, Scope of Work. The general terms and conditions of relationships between the County and the Contractor are specified in this Agreement.

2. Scope of Work. The Contractor shall perform the following services and provide the associated deliverables.

Discovery, Strategy& Site Architecture

Conduct project discovery and planning sessions; Review existing website content, analytics, and user needs; Develop recommended site architecture and navigation; Develop content and editorial strategy recommendations; Create audience pathways that support visitor engagement and conversion.

Deliverables

Discovery summary; Sitemap and navigation structure; Content strategy recommendations; Audience and conversion pathway recommendations.

Website Design & User Experience

Design a responsive, mobile- first website experience; Develop user interface designs aligned with approved branding; Create reusable page templates and content modules; Ensure accessibility and usability best practices are incorporated throughout the design process.

Deliverables

Wireframes and design concepts; Responsive desktop and mobile designs; Final approved design system and page templates.

Website Development& CMS

Develop and implement the Website using a scalable Content Management System ( CMS); Configure editable content modules and role- based permissions; Develop visitor- facing and partner- facing functionality; Implement secure and modern development standards.

Deliverables

Fully functional CMS website; Configured page templates and content modules; Administrative user access and permissions; Functional staging and production website.

Website Features & Functionality

The Contractor shall implement the following functionality: Advanced events calendar with filtering, recurring events, and submission workflow; Itinerary and travel loop functionality; Filterable listings for communities, lodging, dining, recreation, attractions, and cultural sites; Digital clubhouse or partner resource hub; Downloadable resources or toolkit functionality

Deliverables

Configured events calendar; Itinerary and listing modules; Partner resource hub; Search and filtering functionality.

SEO, Accessibility& Performance

Implement technical SEO best practices; Configure structured data and schema markup; Develop the Website in accordance with WCAG 2. 1 AA accessibility standards; Optimize mobile responsiveness, speed, and performance; Configure analytics and conversion tracking.

Deliverables

SEO and schema implementation; Accessibility- compliant website; Analytics and conversion tracking setup; Performance optimization and testing.

Testing,

Training & Launch

Conduct quality assurance and compatibility testing; Coordinate website launch and deployment activities; Provide CMS training for designated staff; Provide post- launch support during the agreed stabilization period.

Deliverables

Quality assurance testing; Website launch support; Staff training and materials; Post- launch support.

3. Project Schedule. The anticipated project duration is approximately twenty- four ( 24) weeks from Notice to Proceed through launch. A detailed project schedule shall be developed upon contract execution.

4. Third- Party Licensing and Recurring Costs. Contractor shall disclose to the County, in writing and prior to implementation or purchase, any third- party software, services, licenses, subscriptions, plugins, integrations, hosting services, accessibility tools, analytics platforms, event management tools, support plans, SSL certificate services, or other components that require recurring fees for operation of the Website.

Such disclosure shall identify the purpose of the product or service and any associated implementation, subscription, renewal, or recurring costs.

No third- party product or service requiring recurring fees shall be implemented or purchased on behalf of the County without the County' s prior written approval.

Unless otherwise agreed in writing, the County shall retain ownership, billing control, and administrative access of all licenses, subscriptions, and service accounts purchased for operation of the Website.

S. Website hosting, security, operations, and support. Except as otherwise governed by Section 4 above, the Parties acknowledge that responsibility for the ongoing operation, administration, security, and maintenance of the Website shall be allocated as follows:

A. Domain Registration and DNS

i. Domain registration shall be owned and managed by the County.

ii. DNS services shall be owned and managed by the County or its designated provider.

iii. Contractor shall provide technical assistance necessary to support DNS configuration during deployment and launch activities.

B. Hosting and Website Environment

i. The Website shall be hosted pursuant to a separate hosting agreement if the County elects to utilize Contractor- hosted services.

ii. Contractor shall disclose the physical or cloud hosting environment, hosting provider, backup procedures, uptime monitoring procedures, and disaster recovery procedures prior to launch.

iii. If the County elects to host the Website independently, Contractor shall cooperate in deployment and transition activities.

C. SSL Certificates and Encryption

i. Contractor shall provide and maintain SSL/ TLS certificates for Contractor- hosted environments through Let's Encrypt or equivalent industry- standard certificate authorities unless otherwise directed by the County.

ii. All public- facing Website traffic shall utilize HTTPS encryption.

D. CMS Administration

i. County personnel shall have administrative access to the CMS upon launch.

ii. Day- to- day content management shall be the responsibility of the County.

iii. Administrative access shall be governed by role- based access controls and least- privilege principles.

E. Security Controls

i. Contractor shall develop and configure the Website in accordance with Attachment 1 - FINE Security Standards.

F. Multi- Factor Authentication

i. The CMS shall support multi- factor authentication for administrative users.

ii. MFA shall be enabled for administrative accounts if requested by the County.

iii. Integration with external identity providers may be performed through a separately scoped change order.

G. Accessibility Validation

i. Contractor shall develop the Website to conform to WCAG 2. 1 AA standards.

ii. Accessibility validation shall occur at least twice during the project lifecycle:

a. During development alpha testing; and

b. Prior to final launch.

iii. Validation shall include automated testing utilizing Axe DevTools or equivalent tooling and manual accessibility evaluation.

iv. Contractor shall remediate identified accessibility deficiencies prior to launch.

H. Analytics

i. Contractor shall implement Google Analytics 4 ( GA4) and Google Tag Manager( GTM) unless otherwise directed by the County.

ii. Administrative access to analytics systems shall be provided to designated County personnel.

I. Privacy Policy and Cookie Consent

i. The Website shall include CMS- managed privacy policy content provided by the County.

ii. The Website shall support implementation of a cookie consent solution when required by applicable laws or County policy.

1. Incident Notification

i. Contractor shall notify the County promptly upon discovery of any confirmed security incident affecting the Website, including a description of the incident, known impacts, mitigation measures, and expected remediation timeline.

K. Transition and Delivery of Materials

i. Upon request by the County, and in any event no later than final acceptance or termination of this Agreement, Contractor shall provide the County with full administrative and technical access to all materials necessary to operate, maintain, migrate, or reproduce the Website, including source code, design files, credentials, documentation, databases, assets, and backup/ export files sufficient for full independent operation.

6. Term, This Agreement shall begin on June 16, 2026 and shall remain in effect until December 31, 2026 unless terminated earlier by either party, for convenience or cause, upon receiving 30 ( thirty) days' notice in writing. This Agreement may be extended upon written agreement between the Parties. During periods of extension, all terms and conditions of this Agreement shall remain in effect, except as amended in writing.

7. Compensation. Contractor shall be paid upon completion and County approval of the following project milestones:

A. Project Kickoff— 25% to begin work

B. Design Approval — 25%

C. Production Kickoff— 25%

D. Beta Delivery and IT Review/ Approval — 15%

E. Final Launch and Acceptance — 10%

For purposes of this Section, " approval" means the County' s written acceptance that the applicable milestone deliverable substantially conforms to the requirements of this Agreement.

In no event shall Contractor be compensated in excess of one hundred twenty- one thousand dollars 121, 000. 00) over the term of the agreement. The compensation set forth herein includes, without limitation: labor, materials, equipment, travel, telephone, computer, copiers and the like.

8. County Review and Approval.

A. For each milestone identified in Section 7, the County shall be afforded the opportunity to review and evaluate the deliverable for conformance with the requirements of this Agreement prior to approval.

B. Prior to production launch, Contractor shall provide the County with access to a fully functional beta environment for review and testing. The County shall be afforded the opportunity to verify DNS configuration, SSL/ TLS certificates, security settings, administrative access, user permissions, analytics configuration, accessibility compliance, and overall launch readiness.

C. For each review conducted under this Section, the County shall have ten ( 10) business days to either( a) provide written approval to proceed or( b) provide written notice identifying deficiencies that prevent acceptance. Contractor shall correct any deficiencies that constitute a failure to meet the requirements of this Agreement and resubmit for review.

D. Nothing in this section shall be construed as requiring Contractor to perform new development, enhancements, feature additions, or scope expansions not otherwise included in this Agreement. Requests for functionality beyond the approved Scope of Work may be addressed through a mutually agreed written amendment or change order.

9. Delivery of Materials and System Access. Subject to the limitations set forth in Sections 4 and 5 of this Agreement, upon request by the County, and in any event no later than final acceptance of the

Website or termination of this Agreement( whichever occurs first), Contractor shall provide the County with all materials and access reasonably necessary to operate, maintain, migrate, or reproduce the Website and deliverables.

Such materials and access shall include, to the extent applicable and within Contractor' s control, and subject to third- party licensing or platform restrictions:

i. Access to source code repositories ( e. g., Git or equivalent version control system);

ii. Complete source code, build files, and deployment configurations for the Website;

iii. Editable design files used in production of the Website ( e. g., Figma, Adobe XD, Sketch, or equivalent formats);

iv. Administrative credentials and access necessary to operate the CMS, hosting environment( if Contractor- hosted), analytics tools, and integrated third- party systems;

v. Technical documentation sufficient for deployment, configuration, maintenance, and ongoing administration of the Website;

vi. Database exports in industry- standard formats sufficient to restore Website functionality and associated content;

vii. Digital asset libraries, including images, video, documents, and other media used in the Website; and

viii. Backup or full system export files sufficient to support independent reconstruction or migration of the Website.

To the extent any third- party service, platform, or licensed system restricts direct transfer of credentials or exports, Contractor shall instead provide the County with administrative access, export capability where available, and reasonable assistance to ensure continuity of County control and operation.

10. Warranty and Stabilization. Contractor shall provide a ninety ( 90) day post- launch warranty and stabilization period beginning on the date of production launch. During this period, Contractor shall, at no additional cost to the County, investigate and correct defects, configuration errors, broken functionality, accessibility deficiencies, security misconfigu rations, or failures of the Website to perform substantially in accordance with the requirements of this Agreement.

The warranty and stabilization period shall not apply to issues resulting from modifications made by the County or third parties after launch that were not authorized by Contractor.

Nothing in this section shall be construed as requiring Contractor to perform new development, enhancements, feature additions, or scope expansions not otherwise included in this Agreement. Requests for functionality beyond the approved Scope of Work may be addressed through a mutually agreed written amendment or change order.

11. Independent Contractor. The Contractor is an independent Contractor of the County, and as such is not subject to the County' s immediate control or direction in the performance of the required services. Neither the Contractor nor any of the Contractor' s employees or agents shall be deemed to be an official employee or agent of the County. The Contractor is solely responsible for his or her acts and for the acts of his or her officers, employees, agents, and subcontractors. Additionally, the Contractor makes the following assurances:

A. The Contractor is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in this agreement.

B. If the Contractor has a principal place of business that is eligible for a business deduction for federal income tax purposes, the Contractor is responsible for the costs of such principal place of business.

C. The Contractor is responsible for filing with the Internal Revenue Service, at the next applicable filing period, a schedule of expenses for the business the Contractor is conducting.

D. The Contractor has established, or shall promptly establish, an account for the business with the Washington Department of Revenue, and with other state agencies as the circumstances may require. The Contractor shall pay all required state taxes normally paid by employers and businesses. The Contractor has registered for and received a unified business identifier number from the state of Washington.

E. The Contractor maintains a separate set of books or records that reflect all items of income and expenses of the business the Contractor is conducting.

12. Non- Discrimination. In performing its obligations hereunder Contractor shall comply with all applicable federal, state, and local laws and regulations pertaining to nondiscrimination. Should grant funding be obtained, Contractor shall comply with all nondiscrimination provisions of the granting agency.

13. Subcontracting and Assignments. The Contractor shall not subcontract any portion of the required services without the County' s prior written consent. The Contractor likewise shall not assign all or any portion of this agreement without the County' s prior written consent. Any assignment without this consent shall be void. Any consent granted by the County under this paragraph may be subject to such conditions as the County deems appropriate.

14. Conflict of Interest. The Contractor hereby affirms that neither it or its agents/ employees has any present or contemplated personal interest in the property, which is the subject of this Agreement.

15. Anti- Kickback. No officer or employee of the County or the Contractor, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement.

16. Record Keeping. Contractor shall retain all records dealing with the administration of this agreement for a period of three years from the date of termination hereunder, or such longer period as requested by the County. All of Contractor' s records pertaining to this agreement shall be available for inspection by the County or any auditing agency at any reasonable time.

17. 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 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 because of such breach, Contractor shall fully indemnify and hold harmless County as set forth in Section 12. 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.

18. Indemnification.

A. The Contractor shall defend, indemnify, and hold harmless the County from and against all claims arising out of or in any way related to any act or omission, and whether intentional or negligent, on the part of the Contractor and/ or the Contractor' s officers, employees, agents, subcontractors, or suppliers. Without limiting the generality of the preceding sentence, the Contractor' s foregoing duty to defend, indemnify, and hold harmless extends to: ( i) any claim that involves or alleges any concurrent or joint negligence on the part of the County and the Contractor and/ or its officers, employees, agents, subcontractors, or suppliers; and ( ii) any claim by or on behalf of any of the Contractor' s officers or employees, and solely to that extent the Contractor waives its immunity under the industrial insurance laws ( RCW Title 51). The Contractor shall have no duty to defend, indemnify, or hold harmless with respect to any claim that arises from the County' s own negligence.

B. For the purposes of this section, ( i) " claim" means all claims, lawsuits, causes of action, administrative actions, liabilities, settlements, damages, costs, and attorney' s fees, and ( ii) County" means Cowlitz County, its boards and commissions, and all past, present, and future officials, employees, agents, or volunteers of the County.

C. This section shall survive the completion, expiration, and/ or termination of this Agreement.

19. Insurance. Throughout the duration of this agreement, the Contractor shall maintain insurance in the coverages and amounts and meet the other requirements specified in Attachment 1, which is attached hereto and by this reference incorporated herein. Before beginning work hereunder, the Contractor shall furnish the County with a certificate of insurance evidencing compliance with the requirements of this paragraph. The certificate must state that the insurance policy( ies) will not be canceled or reduced in coverage until after 30 days written notice thereof has been mailed to the County. The Contractor shall not allow any subcontractor to begin work until the subcontractor has obtained similar insurance, which shall be subject to the County' s written approval. All companies providing insurance to the Contractor and any subcontractor must do so pursuant to a certificate of authority issued by the State of Washington and must be otherwise reasonably satisfactory to the County.

20. Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by the laws of the State of Washington.

21.

Attorney' s Fees. In any claim, action, or suit relating to the enforcement of this Agreement each party in any of these events shall be responsible for its own attorney' s fees and costs and expenses expended or incurred in connection with any such suit, action, or claim.

22. Compliance with Laws. Throughout the duration of this agreement, the Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and orders.

23. Entire Agreement. This written agreement constitutes the parties' entire and integrated agreement, and supersedes all prior and contemporaneous negotiations, representations or agreements, and written or oral.

24. Amendments. No provision of this agreement may be amended or modified except by a further written document signed by the County and the Contractor.

25. Electronic Signatures. A signed copy of this Agreement or any other ancillary agreement transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of any original executed copy of this Agreement or such other ancillary agreement for all purposes.

26. Signatures. The Parties affirm that the individuals signing this Agreement have been granted the authority to do so and by their signature affirm that the Parties will comply with the terms and conditions of this Agreement.

CONTRACTOR:

Print name:

Title:

Date:

ATTEST:

Kelly Grayson, Clerk of the Board

COWLITZ COUNTY:

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

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

ATTACHMENT 1

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:

000,000 per occurrence Bodily injury, including death and property damage 2, 000, 000 Aggregate

ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY

000,000 per occurrence with an Extended Reporting Period Endorsement ( two year tail) $ 1, 000, 000 Aggregate

WORKERS COMPENSATION: Statutory amount

AUTOMOBILE: 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, 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 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 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.]

provided to the attention of the project manager. 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 noncompliance. 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.

FINE

FINE Securitv Standards

FINE is a digital agency that provides its clients with custom solutions. While we provide very opinioned recommendations, we like to engage with clients, and provide options to find the best solution.

FINE takes security seriously throughout this process, but different specifications require different levels of consideration. We will work with each client to craft a security plan as needed. We encourage our clients to engage with this process, including discussions on policies, establishing 3rd party penetration testing, etc.

Below you will find some of our baseline security standards and considerations we put into a typical digital project.

Websites & Applications

CODE

We maintain a strict code process that ensures multiple eyes are on any code that makes it to production. In the development phase, we have multiple stages where the entire codebase is reviewed. After client beta, we switch to a pull request system where code must be reviewed before it is merged into production.

Our frontend and backend development teams keep company- wide coding standards, which are enforced through the code review systems.

SSL

All sites and services are protected behind SSL as a default, even if you don' t request it. This ensures all communication between each other and your users is encrypted.

Unless requesting an alternative, we use Let' s Encrypt as our default authority. SSL management is handled securely by Puppet.

HEADERS

Security headers can act as a first level of security against common attacks such as XSS and click-jacking. We apply the follow headers as a standard:

Content- Security- Policy - Crafted specifically for each site to prevent XSS and iframe exploits on modern browsers

X- Frame- Options: SAMEORIGIN - Prevents iframe exploits on legacy browsers

X- Content- Type- Options: nosniff - Protects against MIME sniffing

Strict-Transport- Security: max- age= 31557600; includeSubDomains; preload

X- XSS- Protection: 0

o X- XSS- Protection header has been deprecated by modern browsers and its use can introduce additional security issues on the client side. As such, OWASP recommends setting the header as

X- XSS- Protection: 0 in order to disable the XSS Auditor. FINE can enable this per clients request

FINE

RUBY ON RAILS

Fae, your CMS, is built on Ruby on Rails. Rails has a number of security measures already built in: http:// guides. rubyonraiIs. org/ security. htm1. This provides a baseline focus on preventing forgery requests, XSS, session hijacking, etc. We check in regularly to make sure the application and dependencies are up to date and respond immediately to any CVEs that affect your application.

We review all code that goes into production via a pull request process where we check for style, functionality and security issues. Additionally, the code is run through the Rails security scanner Brakeman: http:// brakemanscanner.org/.

STATIC WEBSITES

Our current practice is to build the frontend ( or public facing) website using a technique called Static Site Generation ( SSG). This compiles the entire website into static HTML, CSS, JS and assets with each code push and CMS change.

Not only is this technique more performant, it is naturally more secure as it drastically reduces the surfaces at which the public interface with the server and processes that access and manipulate data.

PENETRATION TESTING

We develop testing programs for clients on a case by case basis. In some cases, our clients choose to perform pen testing on their web applications as part of regular security practices. If this is the case, we prefer you to coordinate these tests with us as they will often result in the blocking of the host Ps because we have Fail2Ban in place to block Ps making suspicious requests. This limits the effectiveness of the test. We will assess and review the results together with you and your security team.

Alternatively, we can plan, run and analyze with you a pen test program targeted at the hosting environment tailored to your specific web applications and their unique features.

3rd Party Integrations

FINE avoids storing PII and other sensitive data in the CMS and DB that powers your website. In most cases that data is stored in 3rd party CRMs, reservation systems, commerce systems, etc. While it's up to the 3rd parties to keep your data

FINE

safe, FINE maintains a number of protocols to ensure we are interacting with these systems securely.

TYPES OF INTEGRATIONS

Access to 3rd parties vary from service to service, but the most common types of integrations we see are either API, snippet or iframe based.

API integrations allow us to call upon a set of URLs provided by the 3rd party to fetch data from the service (( i. e. getting a list of available products from a commerce platform) or create/ manipulate data ( i. e adding a user to a mailing list)

Snippet integrations are snippets of code, typically Javascript, provided by the 3rd party to add to the website.

Iframe integrations are where we frame an external URL provided by the 3rd party into our own website. We generally avoid these integrations if we can due to the limited ability to style the contents and make the integrated content look like a seamless part of the site.

INTEGRATION SECURITY PROTOCOLS

We review our security protocols frequently to ensure best- practices.

All communications between the website and 3rd party services are encrypted

API keys are treated with care. They are never exposed on the client side, kept out of the main code base and managed using the principle of least privilege.

API access is managed with the principle of least privilege as well. Meaning when API access is set up we only enable the access we need. If we only need read- only access we deny the key write access if the service allows.

We craft a Content- Security- Policy header to manage 3rd party resources. This ensures snippet integrations cannot be exploited on our website using XSS or click-jacking attacks.

All integration implementations and updates go through our code review process and checked against our standard security standards.

THIRD- PARTY RESPONSIBILITY

We go through great lengths to ensure we integrate responsibly, however 3rd parties can still be exploited by other means. We cannot practice the principle of least privilege if a 3rd party doesn' t provide access controls to their API keys, for example. We can only be as secure as the systems we are provided.

FINE

Hosting & Servers

HOSTING PARTNERS

FINE may utilize 3rd party hosting. Each platform is audited for security, privacy, stability and longevity.

Each platform undergoes rigorous annual audits and certifications by independent third- party auditors, meeting industry- leading security standards such as AICPA SOC 2 Type 2, ISO 27001, ISO 27018, PCI DSS v4.0, and GDPR- DPA.

BACKUPS

Instance backups are done continuously and kept offsite with the following retention policy:

2 days of hourly backups

2 weeks of dailies

1 year of weeklies

2 years of yearlies

All databases are backed up nightly to AWS S3. Each database dump is gzipped and encrypted using AES- 256 encryption.

CONFIGURATION MANAGEMENT

Configurations on our instances are managed via code using Puppet. This allows us to maintain our standards across the entire infrastructure. Only our sysadmin team has access to the codebase and we follow a strict code review process where multiple people have to approve any change that goes into production.

All sensitive configuration data in Puppet is encrypted with public/ private key encryption ( PKCS7) and a full suite of unit tests are run upon each code check- in and pull request.

PATCHING SCHEDULE

0 day threats are patched ASAP

Kernal patches are reviewed and applied quarterly

Major application services are reviewed and applied quarterly

FINE

ACCESS & SECURITY GROUPS

We restrict and monitor access to the app and DB servers to a handful of physical machines. Within our VPC we restrict which instances can access each other via security groups. These groups keep access at a least privileged model.

Security groups

o All server types are firewalled with security groups

o Cl/ CD server is whitelisted for access to the web UI

o All server services restricted to isolated ports

o Only application servers are allowed to connect to the NFS asset share and RDS instances

o All servers use the puppet security group for configuration management on an isolated port VPC

0 4 major subnets are used to control access and IP ranges for all server types

o Application Servers - 2 subnets

o Infrastructure Servers - 1 subnet

o Database Servers - 1 subnet

Each application runs as its own user which only has access to the core application files and needed dependencies. This helps prevent intrusion issues making their way to other applications on the server or root account.

Monitoring & Response

DATADOG

We utilize Datadog to monitor all points of our infrastructure. We have a large collection of alerts that monitor specific thresholds and anomalies across applications and servers.

UPTIME

We have redundant uptime monitoring as well. Any service disruptions are responded to immediately.

FAIL2BAN

We use Fail2Ban to detect and block any suspicious web activity from vulnerability scanners to real attacks. We' ve developed a number of custom filters to catch common attacks and those focused on our tech stack. Fail2Ban can also be configured to prevent brute- force attacks. This also allows us to prevent abuse by scanners and users who inadvertently produce a high request rate resulting in errors.

RESPONSE

We have a team of devs and sysadmins available to respond to issues during business hours and at least one sysdamin on duty 24/ 7. Major issues are responded to immediately and without notification from clients.

Organization

As an organization, we understand that it' s important to handle our client' s data with sensitivity and ensure access to a system that interfaces with it is managed responsibly.

SYSTEM ACCESS

We implement the following policies to ensure the security of our general systems: All roles adhere to the principle of least privilege MFA is enforced for all critical systems

Passwords and other sensitive data securely stored and accessed via secure password manager with established password rotation policy Server access restricted to devs and sysadmins via SSH keypair and VPN

STAFF AND DEVICES

We implement the following policies to ensure the security of the people and devices that access sensitive systems:

We perform background checks prior to hiring employees who will have access to critical systems

All staff devices are managed by a central MDM

All staff devices run Mosyle Detection and Removal 2

All staff devices have full disk encryption enabled

All staff is trained regularly on key security concerns, like password policies and phishing attacks

BOCC Agenda

Meeting Date: 6/ 23/ 2026

CCEC RV Park Schematic Agreement- Amendment 2

Submitted By: Shelby Hixson, Administrative Assistant III

Submitted For: Kimberly Bowcutt, Director of Event Center

Department: Cowlitz Co. Expo Ctr

Information

Subject and Summary Statement

The original agreement authorized schematic design services, including development of conceptual layouts, evaluation of utilities, and preparation of preliminary cost estimates to assist with project feasibility and future budgeting decisions. Amendment No. 1 advanced the project into additional design and permitting activities necessary to continue review and approval processes.

This amendment extends the agreement term through December 31, 2026, and adds $87,200 in engineering services. The original agreement amount was $28, 500, with Amendment No. 1 adding 12, 5oo, resulting in a total contract amount of$ 128, 200 upon approval of Amendment No. 2.

Approval of this amendment will allow the project team to continue the necessary engineering, permitting, and design work required to advance the RV Park project toward future construction decisions.

Also attached for reference is the original contract and amendment # 1( both signed by our department as they did not exceed the threshold needing board approval)

Staff Attendance

Kimberly Bowcutt

Department Recommendation

Staff recommends approval of Amendment No. 2 to the Professional Services Agreement with Gibbs Olson, Inc. for continued engineering, design, and permitting services associated with the Cowlitz County Event Center RV Park project.

Kimberly

Grayson, Kelly Clerk

Approved: BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

Attest: Clerk of the Board

AMENDMENT NO. 1

EXHIBIT A

SCOPE OF WORK

COWLITZ COUNTY EVENT CENTER

RV PARK AND CAMPGROUND

PHASE 1 IMPROVEMENTS- PRELIMINARY DESIGN

PROTECT DESCRIPTION

Cowlitz County proposes to improve the recreational vehicle ( RV) park and campground on approximately 3.2-acres to serve the Cowlitz County Event Center( CCEC) and fairgrounds. The initial phase of the project developed two conceptual layouts of the RV park and campgrounds for owner review. A planning level opinion of probable project cost was prepared using the CCEC selected preferred option.

CCEC desires to implement a portion of the improvements for the RV Park to utilize available funding. Phase 1 improvements of the overall RV Park project are anticipated to include overall grading of the site to utilize excess cut material as fill material to offset required import or export of material, revising the layout to show the connection to the Peardale Lane culde- sac and installation of the onsite water system. The Phase 1 Improvements preliminary design scope of work includes revising the schematic layout for connection to the Peardale Lane culde-sac, updating the planning level opinion of construction cost for site grading and waterline improvements, and participating in a pre-application meeting with the City of Longview.

ASSUMPTIONS

Assumptions identified in the existing Agreement remain valid. Modified or new assumptions utilized by the Consultant in developing the identified scope of work and estimated budget for this Amendment are listed below:

No additional survey will be performed for the preliminary Phase 1 improvements. A revised schematic utilizing the previously selected layout will be prepared for the preapplication meeting and construction documents will not be prepared. The cost for out of scope work to separate the original overall project' s opinion of cost into separate construction schedule cost opinions, as requested by the Client, is included in the budget for this Amendment No. 1.

SCOPE OF WORK

The following scope of work is based on information provided to date by the Client to Engineer. The pre-application phase scope of work associated with this agreement will consist of the following tasks as described below:

Task 1- Project Administration& Meetings

The Engineer will perform in-house project management, correspond and coordinate with Client.

Task 2- Revise Schematic Layout

The Engineer will revise the schematic layout to show connection at the Peardale Lane cul- desac and revise the connection to the RV Park.

Task 3- Prepare Opinion of Probable Construction Cost for Phase 1

The Engineer will prepare a planning level opinion of probable construction cost for the identified Phase 1 work. The opinion of cost will include overall site grading to utilize excess cut and fill on the site to provide a balance site; clearing, grubbing, erosion control, and seeding; and water system installation, permitting and connection costs.

Task 4- Pre-Application Meeting

The Engineer will participate in a pre-application meeting with the City of Longview to discuss CCEC' s Phase 1 construction.

SCHEDULE

Engineer will prepare the updated schematic layout and opinion of cost within four weeks of the notice to proceed. Two weeks are provided for Client review and two weeks for Engineer to address any revisions to the schematic layout and opinions of cost.

BUDGET

The Engineer' s estimated budget for the above Scope of Work is$ 12,500. The Engineer will perform the work on a time and materials basis at the Engineer' s standard hourly rates as included in the original agreement. The Engineer agrees not to exceed the estimated budget for the identified scope of work without prior authorization from the Client.

AMENDMENT NO. 1

This Amendment No. 1 modifies the Agreement for Engineering Services ( Agreement) between Gibbs & Olson, Inc. (Engineer) and Cowlitz County executed on November 1, 2024, for a Project referred to as Cowlitz County Event Center RV Park and Campground.

The following modifications are made to the Agreement and all other terms and conditions in the original Agreement remain in full force and effect.

1. The project completion time is changed to January 31, 2026.

2. The Engineer' s Scope of Work is modified to include additional work as presented in the attached Exhibit A- Scope of Work.

3. The Engineer' s Budget is modified to provide compensation for the additional Scope of Work as presented below and as detailed in attached Exhibit B - Budget.

500. 00

The new Total Agreement Amount including Amendment No. 1 ......................$ 41, 000. 00

GIBBS & OLSON, INC.

By: Richard A. Gushman, PE- President

October 17, 2025

Date

Attached

Exhibit A- Scope Exhibit B - Budget

File: 0145. 8049

Cowlitz County

4vVU4 -

By: Kimberly Bowcutt, xec. Director

Date

AMENDMENT NO. 2

This Amendment No. 2 modifies the Agreement for Engineering Services (Agreement) between Gibbs & Olson, Inc. ( Engineer) and Cowlitz County executed on November 1, 2024, and Amendment No. 1 executed on November 18, 2025, for a Project referred to as Cowlitz County Event Center RV Park and Campground. The following modifications are made to the Agreement and all other terms and conditions in the original Agreement remain in full force and effect.

1. The project completion time is changed to December, 31, 2026.

2. The Engineer' s Scope of Work is modified to include additional work as presented in the attached Exhibit A - Scope of Work.

3. The Engineer' s Budget is modified to provide compensation for the additional Scope of Work as presented below and as detailed in attached Exhibit B - Budget.

GIBBS & OLSON, INC. COWLITZ COUNTY

By: Richard A. Gushman, PE - President

June 12, 2026

Date

Attached

Exhibit A - Scope

Exhibit B - Budget

File: 0145. 8049

By: Kimberly Bowcutt, Exec. Director

Date

AMENDMENT NO. 2

EXHIBIT A

SCOPE OF WORK

COWLITZ PUBLIC FACILITIES DISTRICT

RV PARK

BINDING SITE PLAN AND 30% DESIGN

PROTECT DESCRIPTION

The Client desires to develop and obtain City of Longview ( City) approval of a Binding Site Plan( BSP) for an RV Park to be located over portions of various parcels owned by Cowlitz County, including Cowlitz County Parcel Nos. 08229, 08230, 08231, and 0816901 in the City of Longview, Cowlitz County, Washington.

The BSP will be completed in accordance with the City of Longview' s Type B BSP process in Section 19.90 of the Longview Municipal Code (LMC). A Boundary Line Adjustment( BLA) survey will be prepared, submitted to, approved by the City, and recorded with Cowlitz County prior to completion of the BSP.

Completion of BSP work by the Consultant will consist of preparing and submitting to the City BSP application materials consisting of the recorded BLA, 30% site design drawings, a preliminary stormwater technical information report (TIR), and preparation of a SEPA checklist with zoning text amendment and a traffic control memo. Type B BSPs are approved by the City of Longview Planning Commission after an open-record hearing.

INFORMATION TO BE PROVIDED BY CLIENT

Client will provide Consultant with:

A current title report less than 30 days old for each of the four (4) parcels referenced above.

Timely access to the site to perform survey field work.

Any benchmark and/ or control point information the Client wants the Engineer to utilize.

Any limitations and conditions for the use of the land included in the BSP will be provided to the Consultant to include on the recording version of the BSP.

Client will provide the configuration of the desired new lot line(s) to the Engineer.

Any unrecorded documents affecting the subject parcel being surveyed and containing information to which the survey will refer to, if desired by the Client.

DATUMS TO BE UTILIZED

Survey work will utilize the NAVD88 vertical datum and the NAD83/ 2011 horizontal datum( Washington Plane Coordinate System- South Zone)

All survey work will be performed in U.S Survey Feet.

BLA and BSP drawings will be 18" X 24" and topographic survey drawings will be 22" X 34".

Plan orientation will be shown with North Arrow at the top.

ASSUMPTIONS

The Consultant has utilized the following assumptions in preparing the identified Scope of Work and associated budget estimate. If any of these assumptions are found to be invalid, the Consultant reserves the right to request an amendment to modify the scope of work and budget.

1. The current title report to be provided by the Client and the previously recorded boundary survey AFN 3979652 will be utilized for recorded easements benefiting the subject parcel and for recorded easements, servitudes, or covenants burdening the subject parcel.

2. The north line of the proposed RV park will be an extension of the 30-foot right-of-way line and all other RV park boundary lines will be per the recorded boundary survey AFN 3979652.

3. The BSP will be reviewed by the City per LMC Section 19.90.

4. The City will not require topographic and utility features for the parcel 08231 (the large northerly parcel) because just the south line of this parcel will be adjusted as part of the proposed BLA.

5. The Client will work with the Consultant on desired lot configurations for both the BLA and the BSP.

6. The Consultant will utilize the following information for determining and showing existing subsurface utilities on the subject property:

a. City of Longview Utility GIS information, b. Field observed and measured utilities,

c. Utility mapping provided by existing utility providers in response to Consultant' s Design Information Request (DIR) to be submitted to 811 Locates. Note: Utility providers no longer field locate and mark existing utilities in response to a DIR.

7. The Client will hire a utility locating company to locate and mark water and electrical utilities within the RV park area. This will be coordinated with the Consultant and will be completed prior to the Consultant' s survey field work.

8. The Consultant will not cut or remove any vegetation in performing required field work.

9. The Client will is not aware of any unrecorded documents affecting the subject parcel being surveyed.

10. The Client will provide timely access to the site for the survey field work.

11. The Consultant will address one (1) round of review comments from the Client and the City and will revise BLA survey documents as appropriate. Addressing additional rounds of review comments and making associated BLA revisions, if requested, will be out of scope and will be performed on a time and material basis and invoiced at the Consultant's standard rates.

12. The Consultant will address one (1) round of review comments from the Client and the City and will revise BSP survey documents as appropriate. Addressing additional rounds of review comments and making associated BLA revisions, if requested, will be out of scope and will be performed on a time and material basis and invoiced at the Consultant' s standard rates.

13. Drawings will be developed in AutoCAD Civil 3D 2026.

14. Wetland, biological or habitat investigation or reports, if required, will be prepared by others.

15. Cultural or historical resource evaluation or investigation, if required, will be prepared by others.

16. The project site is "clean" regarding hazardous or contaminated materials and that there is no subsurface soil or groundwater contamination present within the project site.

17. Architectural, land use planning, geotechnical, environmental, cultural resources and landscape architectural services will be provided by others under separate contracts with the Client.

18. The Consultant has budgeted to participate in up to three (3) virtual meetings with the Client. Participation in additional meetings in excess of three ( 3), if requested, will be out of scope work and will be billed on a time and materials basis at the Consultant' s standard hourly rates.

19. The Consultant will attend the City Planning Commissions open public hearing for BSP approval in Longview, with the Client and City. All other project meetings involving the Consultant will be virtual.

20. Stormwater design requirements shall meet the requirements outlined in the 2024 Department of Ecology' s Stormwater Management Manual for Western Washington and in Section 17.80 of the Longview Municipal Code. New and replaced impervious surfacing will exceed 5,000 square feet and overall site disturbance during construction will exceed 1 acre in size. As such coverage under the Washington State Department of Ecology's Construction Stormwater General Permit will be required. An application for coverage under the Washington Department of Ecology' s Construction Stormwater General Permit will not be prepared.

21. Stormwater treatment and detention facilities will be sized to treat and detain the postdevelopment runoff to the 25-year, 24-hour stormwater event based on Santa Barbara Unit Hydrograph analysis as required by the City' s Stormwater Management Manual. Infiltration is assumed to be infeasible for the site.

22. Treated and detained stormwater will be discharged from the site at a controlled rate to an existing 12-inch storm main located in Peardale Lane.

23. Applicable City standard details will be utilized for sanitary sewer, potable water, fire supply, stormwater, road and site improvements as appropriate.

24. The proposed RV park will be accessed from Peardale Lane.

25. A secondary fire access road to the site will be provided from 7th Avenue to the north portion of the property utilizing the existing driveway access for the fairgrounds Horse Arena.

26. Public water and sewer utilities are available in Peardale Lane and will not require upsizing or replacement as part of this project.

27. The sanitary sewer main in Peardale Lane is too shallow for gravity discharge from the site. A gravity sewer system with lift station within the site will be designed such that sewage will be pumped into the City' s existing sewer main in Peardale Lane.

28. Water extensions from the Peardale Lane water main will include potable water, backflow protection and onsite distribution piping.

29. Onsite fire hydrants will not be required. Fire extinguisher cabinets will be located on the site meeting City fire department requirements.

30. The design vehicle to be utilized in site access layout evaluations is assumed to be an AASHTO P/ T (passenger car and trailer) design vehicle having an overall length of 49feet.

31. The design of electrical and telecom utility extensions to the site will be by others.

32. The design of illumination, if required by the City, and electrical upgrades to the site will be by others.

33. Traffic impacts will be addressed as a part of the SEPA Checklist. It is assumed that a full traffic impact analysis will not be required for the site.

34. The City will prepare the required zoning text amendment, and this will be included as a part of the SEPA Checklist.

35. LMC 19. 90. 040 item 2.i requires " a verified statement with original signatures that the property affected by the applicant is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent ofall owners ofthe affected property". This statement will be prepared by the Consultant and the Client will provide the required signatures.

36. City BLA, BSP and SEPA checklist application and review fees and County recording fees will be paid by the Client.

SCOPE OF WORK

The following scope of work is based on information provided by the Client, as well as previous meetings with the Client. The Scope of Work consists of the following tasks.

Task 1- Project Management, Administration and Meetings

The Consultant will perform day-to-day management activities including oversight of Consultant's work, staff scheduling, budgeting, invoicing, and preparing monthly progress reports to Client. Each progress report will summarize work completed during that billing period, work anticipated to be completed during the next billing period, any information the Consultant needs to receive from the Client, any unforeseen items which have arisen and how they are being handled, and any upcoming scheduled meetings.

Project management will also include coordination and communication with Client and other project engineers. The Consultant will participate in up to three (3) virtual progress review meetings with Client and others. The Consultant will participate in the City Planning Commissions open-record public hearing required for BSP approval.

Task 2- Topographic Survey

The Consultant will perform limited office research of recorded surveys, deeds, and other records, prepare calculations and collect field data and measurements. This information will be utilized by the Consultant to prepare a topographic survey of existing conditions for the subject parcels. Field work will be performed on the ground and will include the following:

A. Monuments

Location, size, character, and type of all monuments found during the fieldwork. Location, size, character, and type of all monuments set during the fieldwork.

Location, description, and character of any lines that control the boundaries of the surveyed property.

B. Rights of Way and Access

The name of any street, highway, or other public or private way abutting the surveyed property, together with the width of the travelled way and the location of each edge of the travelled way including on divided streets and highways.

Visible evidence of physical access, such as curb cuts and driveways, to any abutting streets, highways, or other public or private ways.

Location and character of vehicular, pedestrian, or other forms of access by other than the apparent occupants of the surveyed property to or across the surveyed property observed during survey fieldwork, such as driveways, roads, sidewalks, footpaths, etc.

Without expressing a legal opinion as to ownership or nature, the location and extent of any potentially encroaching driveways, alleys, and other ways of access from adjoining properties onto the surveyed property observed in the process of conducting fieldwork.

C. Lines of Possession and Improvements along the Boundaries

The character and location of evidence of possession or occupation along the perimeter of the surveyed property, both by the occupants of the surveyed property and by ad joiners, observed in the process of conducting the fieldwork.

Unless physical access is restricted, the character and location of all walls, buildings, fences, and other improvements within five feet of each side of the boundary lines observed in the process of conducting the fieldwork. Trees, bushes, shrubs, and other vegetation will not be located by Consultant, unless they are deemed by the Consultant to be evidence of possession or occupation.

D. Buildings and features

The location of any buildings on the surveyed property observed in the process of conducting the fieldwork.

The locations of streets, watercourses, floodplains, etc.

Adjacent public utilities serving the subject parcels or project area consisting of:

o Sanitary sewer manhole locations, rim elevations, pipe sizes, material type and invert elevations,

o Storm drain manholes, catch basins, lines, outfalls, ditches, ponds, and structures with invert details including pipe size and grate/ rim elevations,

o Water line valves, blow- offs, and fire hydrants;

o Underground utilities to the extent of known and determinable information from utility locates. Consultant will call in to 811 Utility Locate for the location of Public Utilities. Per Assumption No. 7, the Client will hire a utility locating company to locate and mark water and electrical utilities within the RV park area. This will be coordinated with the Consultant and will be completed prior to the Consultant's survey field work.

E. Easements and Servitudes

The current title report to be provided by the Client and the previously recorded boundary survey AFN 3979652 will be utilized for recorded easements benefiting the subject parcel and for recorded easements, servitudes, or covenants burdening the

subject parcel. Such easements, servitude or covenants will be shown on the topographic survey.

Topographic Survey Deliverables

The Consultant will prepare an existing conditions topographic survey base map in AutoCAD Civil 3D 2026 format that incorporates all field collected information. The topographic base map will be provided to the Client in both AutoCAD and .pdf.The .pdf copy will be sealed and signed by the Consultant. The AutoCAD file will include description, coordinates and elevation of each data point and will be to scale. A 3D surface model will also be included in the AutoCAD file for Client use.

Task 3- Boundary Line Adjustment( BLA) Survey

The Consultant will perform office research of recorded surveys, deeds, and other records for office calculations and will collect field data and measurements to prepare the BLA with a lot consolidation for Cowlitz County parcels 08229, 08230, and portions of 08231. The BLA Consolidation map will show the following information:

A. Field Locations

The evidence and locations gathered, and the monuments and lines located during the recent fieldwork with accompanying notes if deemed necessary by the Surveyor or as otherwise outlined below.

B. Boundary, Descriptions, Dimensions, and Closures

The current record description of the surveyed property. The new description of the surveyed property.

The point of beginning, the remote point of beginning or point of commencement (if applicable) and all distances and directions identified in the record description of the surveyed property. Where a measured or calculated dimension differs from the record by an amount deemed significant by the Consultant, such dimension must be shown in addition to, and differentiated from, the corresponding record dimension. All dimensions shown on the survey must be horizontal ground dimensions unless otherwise noted.

The direction, distance, and curve data necessary to compute a mathematical closure of the surveyed boundary. A note if the record description does not mathematically close. The basis of bearings and, if it differs from the record basis, the difference.

The relationship of the boundaries of the surveyed property to its ad joiners, such as contiguity, gaps, and overlaps, where ascertainable from documents provided to or obtained by the Consultant and/ or from field evidence gathered during the process of conducting the fieldwork. The extent of any gaps or overlaps between the parcels comprising the project area will be identified. If gaps or overlaps are identified, the Consultant will, prior to or upon delivery of the final map, disclose this to the Client.

C. Presentation.

The map will include:

The boundary of the surveyed property drawn in a manner that distinguishes it from other lines on the plat or map.

Old property lines and dimensions shown as dashed or broken lines and new property lines and dimensions shown as solid lines

All property lines fully dimensioned, with area calculation for each lot noted on the face of the plat( old and new)

The location of any improvements (structures, Septic System, etc.)

The zoning of each property involved.

A north arrow (with north to the top of the drawing when practicable).

A legend of symbols and abbreviations.

A vicinity map showing the surveyed property in reference to nearby highway(s) or major street intersection( s).

Supplementary or detail diagrams when necessary.

The Consultant's project number, and the name, registration or license number, signature, seal, street address, telephone number, company website, and email address of the surveyor who performed the survey.

The date(s) of any revisions made by the surveyor who performed the survey.

Sheet numbers when the map is composed of more than one sheet.

When recordation or filing of a map is required by state statutes or local ordinances, such plat or map shall be produced in the required form.

D. Deliverables

The Consultant will prepare a BLA description and map exhibits for the new Parcel 08231 configuration, BLA Lot Consolidation description and map exhibits for Parcels 08229 and 08230, and an easement description and map exhibit for the requested access across Parcel 08231. Draft documents will be provided to the Client for review. Final documents will be stamped and signed and will be provided to the Client for recording with the Cowlitz County Auditor.

The Consultant will provide preliminary BLA survey documents to Client for Review and followed by submission to the City of Longview Planning Department for their review.

After the City' s review process is complete, the Consultant will address one round of City review comments and provide final BLA survey documents to the Client to obtain required property owner signatures and recording of the approved, stamped and signed BLA survey documents with the Cowlitz County Auditor.

Task 4- Type B Binding Site Plan ( BSP)

The City of Longview requires a Type B BSP survey for a recreational vehicle (RV) park. The BSP will include a survey together with covenants detailing the performance or nonperformance of certain acts or the use or non-use of property.

BSP drawings will be prepared a City specified scale and will: (1) identify and show the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (2) include inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (3) include provisions requiring any development be in conformity with the site plan.

The Type B BSP will be approved by the City of Longview Planning Commission after an openrecord hearing.

The City of Longview BSP process has a preliminary phase and a final phase with an application, checklist, and fees. The City's application, checklist, review procedures and additional requirements are in LMC Sections 19.90. 030 and 19.90.040.

Preliminary BSP mapping will include the following information:

A. General.

The following information will be included:

Proposed name of the development, together with the words "binding site plan";

Tract/ lot designation( s) of the proposed binding site plan as shown in the records of the Cowlitz County assessor, including lot numbers, section, township and range;

Date, north-pointing arrow, and scale of drawing;

Name and address of the owner(s) of the property to be subdivided, of the subdivider or subdivision agent; if other than the owner, and of the surveyor and engineer; and A vicinity map sufficient to define the location and boundaries of the proposed binding site plan with respect to surrounding property and streets.

B. Existing Features.

The following existing features will be shown:

Existing structures and other site improvements (parking, driveways, pedestrian/ bicycle paths, etc.) and any proposed structures to remain;

Location, pavement and right-of-way widths, and names of existing public or private streets, roads or alleys within or abutting the tract;

Location and size of existing sewers, water mains and culverts;

Location of existing property lines, easements, railroads, monuments, property markers, section lines and city boundary lines within or abutting the tract; Watercourses, ditches, areas of flooding or ponding, rock outcroppings, and trees eight inches or more in diameter measured four feet above the ground;

Names and addresses of all adjoining property owners from the latest assessment rolls within 300 feet of all boundaries of the proposed binding site plan, shown on the binding site plan in relationship to the property to be subdivided or provided in a separate document;

Contour lines illustrating topography at two-foot intervals for slopes less than 10 percent and at five-foot intervals for slopes over 10 percent. Contour lines shall extend at least 100 feet beyond the boundaries of the proposed binding site plan. Contours shall be relative to sea level and based on city datum; All critical areas shall be shown including streams, wetlands, geological hazard areas and all associated buffers;

C. Proposed Features.

The following proposed features will be shown:

The boundary of the proposed binding site plan drawn in a bold line; Locations and dimensions of proposed streets, alleys, other public and private ways, easements, lot lines and utilities, with the purpose of easements stated; Locations, dimensions and area of public and common park and other open space areas;

Proposed number assigned to each lot and block, with lots numbered consecutively in a block; proposed names of all streets;

Identification of all areas proposed to be dedicated for public use, with designation of the purpose thereof and any conditions; When more than one type of use is proposed, the location, dimensions and area for each type of use ( such as commercial or industrial uses);

Under this task the Consultant will prepare the BSP application materials as identified in the application requirements outlined in LMC 19. 90.040. Application materials will be completed by the Consultant then submitted to the City for review and approval. BSP application materials consist of the following tasks:

D. Preliminary BSP Application Materials

The Consultant will complete the City's preliminary BSP application form.

As a part of the BSP application, the Consultant will prepare a project narrative addressing the following topics:

Description of the site's proposed uses;

Proposed phasing of improvements, if applicable;

Proposed construction schedule;

Existing covenants, restrictions and easements, if applicable; Any other applicable items per applicable portions of the LMC.

Task 5- 30% Design

Under this task the Consultant will complete the following:

A. 30% Design Drawings

The Consultant will provide 30% complete design drawings as a part of the Type B BSP. The Consultant will coordinate with Client on a site layout consisting of an RV Park layout with access roadways and drive aisles, RV sites, open space, amenities, utilities, grading, and drainage consistent with City requirements.

Order of magnitude stormwater requirements in accordance with City requirements will be identified for the conceptual layout based on the amount of proposed new (new and replaced) impervious surface area.

Key information from this analysis will include general site layout and initial quantity estimating for transportation and utility infrastructure. Pipe sizing will be determined based on anticipated end users and the associated estimated water use. The following will be prepared by the Consultant:

1. Site Prep & Erosion Control Plan

An erosion control and demolition plan for construction activities in accordance with City requirements.

2. Site and Channelization Plan

Site layout, access road and drive aisle plan and profile sheets and channelization plans. Site fencing plan and details will also be included and shown on the site plans. An emergency access road meeting Longview Fire Department requirements will be shown on the site plans.

3. Water Utility Layout

Extension of water service to the site from the City' s water main in Peardale Lane. City standard details will be utilized in the design. The Consultant will coordinate with the Client as appropriate in finalizing the onsite water distribution layout.

4. Sewer Utility Layout

The existing sanitary sewer main in Peardale Lane is too shallow for gravity discharge from the site; therefore, a pump station will be necessary to discharge from the site to the existing gravity sewer main in Peardale Lane. The Consultant will design a gravity system from the onsite restroom to an onsite holding tank, followed by a pumping system discharge to the existing gravity main. The onsite holding tank will also serve as the location for the RV dump. The Consultant will coordinate with the Client as appropriate in finalizing the onsite sewer layout to within 5-feet of the proposed restroom facility. Sewer pipeline profiles will be included in the plans.

5. Stormwater Layout

Design of stormwater collection, conveyance, treatment and detention to serve the overall final site layout design. Flow control is proposed to be addressed prior to discharge from the site and will be sized to detain post-development runoff of the 25year, 24-hour stormwater event as required by the City. Storm drain pipeline profiles will be included in the plans.

6. Grading Plan

Preliminary grading plan for construction activities in accordance with City requirements. This plan will include preliminary quantity estimates for removal of existing vegetation, topsoil and organic- containing subsurface soils as appropriate; cut and fill utilizing existing site soils as appropriate; import fill if required; import aggregate for building, vehicular travel and parking areas as appropriate; and asphalt and concrete appropriate for building, vehicular travel, and parking areas.

The following 30% drawings are anticipated:

Cover Sheet- 1 drawing

Notes, Legend and Abbreviations- 1 drawing

Existing Conditions Plan- 2 drawings

Site Prep & Temporary Erosion& Sediment Control ( TESC) Plan& Details - 3 drawings

Site Plan& Details- 6 drawings

Utility Plan& Details- 2 drawings

Grading and Drainage& Details- 4 drawings

Design drawings will be provided to the Client at 30% design completion.

B. 30% Opinion ofTotal Construction Cost

The Consultant will prepare a 30% design level opinion of cost for total construction project costs including final design, bid and construction engineering and permitting in 2026 dollars. . The opinion of cost will be an AACE International Class 3 estimate with an expected accuracy range of- 10 to+ 15%. The opinion of cost is intended to be used by the Client in budgeting and obtaining project funding. The opinion of cost will be notated with the current Engineering News Record's Seattle Construction Cost Index (SCCI) to allow it to easily be updated to future current dollars based on the ratio between the SCCI used and the SCCI at a given time in the future.

Task 6- Preliminary Stormwater Technical Information Report( TIR)

The Consultant will prepare a preliminary stormwater technical information report (TIR) and perform associated stormwater modeling for the project, based on the 30% design site layout. The report will be prepared in accordance with City and Washington Department of Ecology requirements. The Consultant will submit the preliminary stormwater TIR to the City for review and approval.

Task 7- SEPA Checklist with Zoning Text Amendment and Traffic Impact Memorandum

The Consultant will prepare a SEPA Checklist as a part of the Type B BSP process. The SEPA Checklist will incorporate the City prepared and provided zoning text amendment required by the City to modify main access to the site to be from Peardale Lane. A traffic impact memorandum will also be included as a part of SEPA Checklist document package. The Consultant will submit the SEPA Checklist document package to the City for review and approval.

SCHEDULE

Assuming a notice to proceed (NTP) date of June 16, 2026, the Consultant' s proposed schedule milestones are as follows:

NTP June 16, 2026

Pre- application meeting

Complete

Topographic Survey July 6, 2026

Boundary Line Adjustment& Access Easement August 11, 2026

Binding Site Plan Package August 25, 2026

If the NTP is issued after June 16, 2026, the above milestone dates will be adjusted on a day for day basis based on the actual NTP date.

Note: The Binding Site Plan package will include the Binding Site Plan survey documents, the 30% design plans and opinion of cost, preliminary stormwater TIR and SEPA checklist with zoning text amendment and traffic impact memorandum.

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

Name: Gibbs & Olson

Address: PO Box 400 Longview, WA 98632

Phone N°: 360- 425- 0991 hereinafter called " Consultant").

This Agreement is comprised of:

Attachment A— Scope of Work

Attachment B— Compensation

Attachment C— General Conditions

Attachment D— Special Terms and Conditions

Attachment E— Rates and Reimburseables

Attachment F— ( specify)

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 November 2024 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the 31st day of December, 2025.

IN WITNESS WHEREOF, the parties have executed this Agreement on this I day of 9oy4_bv, 6y 2024.

CONSULTANT: / COWLITZ CO NTY

Gibbs & Olson, Inc.

Print name: Richard A. Gushman

Title: President

Date: October 31, 2024

Print Name:

Title:

Date: K10vQ,Kk6er

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

SCOPE OF WORK

The County hereby engages the Consultant to serve as an independent consultant providing engineering services to the County on the terms and conditions set forth in this Agreement. The Consultant agrees to complete the services on behalf of the County as outlined below.

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

PROJECT DESCRIPTION

The Owner proposes to design and construct a recreational vehicle ( RV) park and campground on an approximately 3. 2-acre site to serve the Cowlitz County Event Center ( CCEC) and fairgrounds. The proposed location is the southernmost property, bordering Peardale Lane, within the CCEC property. The area will be developed for parking and circulation of large RVs and trailers, RV campsites and tent sites, with an option to incorporate a future restroom facility with toilets and showers.

This initial project phase is to: 1) develop up to two conceptual layouts of the RV park and campground for Owner review; 2) prepare schematic phase drawings for the Owner selected conceptual plan and evaluate existing utility services and preparing a planning level opinion of cost for use in final project budgeting and to verify if the Owner has sufficient funding to construct the proposed improvements. The project is funded by the Rural County Public Facility funding from Cowlitz County.

ASSUMPTIONS

The following assumptions were utilized by Engineer in developing the scope of work and estimated budget:

1. The Owner' s previously prepared topographic survey will be provided to the Engineer in AutoCAD Civil 3D 2022 compatible format and will be used by the Engineer.

2. The Engineer will request preliminary title reports from Cowlitz Title for the affected parcels. Information from the title reports will be used to prepare right of way, property lines, easements and referenced into the AutoCAD survey file provided by the Owner. Copies of the title reports will also be provided to the Owner.

3. The City of Longview is the agency having jurisdiction for approval and permitting of the project.

4. Vehicular ingress to the site will be from the existing entrance off 71h Avenue, south of the horse arena building, and egress from the site will either be south to Peardale Lane or back to 7th Avenue via the vacated half-road New York Street right of way within the Owner's property.

5. Schematic drawings will be developed in AutoCAD Civil 3D 2022.

6. Stormwater will be evaluated for treatment and detention options prior to discharge to either the City of Longview or CDID No. 1 storm system.

7. The Engineer will prepare up to two layout alternatives for Owner review and selection. Additional layout alternatives, if requested by the Owner, will be out of scope work and the Engineer' s scope and budget shall be modified by amendment.

8. Initial traffic scoping for full build out of the Cowlitz Public Facilities District' s( CPFD) Master Plan, including the RV park, will be completed under the CPFD' s Gateway Entrance design project.

9. No wetland, biological or habitat investigation or reports are required for this project.

10. No cultural or historical resource evaluation or investigation is required for this project.

11. The Engineer assumes the project site is " clean" regarding hazardous or contaminated materials and that there is no subsurface soil or groundwater contamination present within the project site.

12. No structural engineering, foundation design, landscaping design, traffic signalization or offsite roadway design or striping is included in the scope of work.

13. RV spaces will be partial hookup with potable water and electrical power available at each site.

14. The Engineer will evaluate the cost and design feasibility of providing individual site sewer hookup for the proposed number of RV sites against providing an RV dump station facility.

15. Connection to the City of Longview' s sanitary sewer system will be evaluated and an order of magnitude cost will be developed for Owner review.

16. Engineer will subcontract with R& W Engineering, Inc. for electrical engineering services to: a, review the Owner's current electrical utility power service capacity, b. capacity being currently utilized, c. capacity required for the RV park and future restroom facility, and d, to determine if the Owner's electrical utility service capacity from Cowlitz PUD will need to be upsized.

17. Evaluation for extension of utilities ( water, sewer, power, communication, etc.) to the site are included and will be schematic in nature.

18. A geotechnical investigation will not be performed for this phase but is anticipated to be required for the final design phase.

19. Opinions of probable project construction cost will be prepared for two layout alternatives. The cost opinions will be AACE Class 4 estimates with an expected accuracy range of- 20% to + 200/ 0.

20. Frontage improvements along 7th Avenue or Peardale Lane, if required by the City of Longview will be identified and will be included in the opinions of probable construction cost.

21. The Engineer will not prepare any easement documents, covenants, road modifications.

22. The Engineer' s participation in Owner board or County Commissioner meetings is not required.

23. All deliverables will be provided to the Owner in electronic . pdf format only.

SCHEMATIC PHASE ENGINEERING SERVICES

RV park design will be completed in two phases. The first phase will be Schematic Design and the second phase will include Preliminary and Final Design. This scope of work is for the Schematic Design Phase only. This Agreement is anticipated to be amended to incorporate preliminary and final design and bid phase services near the end of the Schematic Design Phase.

Task 1- Project Management and Meetings

Under this task the Engineer will:

1. Provide general project administration.

2. Prepare a monthly narrative progress report.

3. Prepare a project schedule, review schedule with the Owner, adjust as necessary and provide updates to the schedule as the project proceeds.

4. Conduct a project kickoff meeting with the Owner and project team to verify the general scope extent, character and schedule for the project and the Owner's vision for the RV Park.

5. Consult with the Owner during schematic design.

6. Schedule and attend pre- application meeting with City of Longview.

7. Conduct review three meetings with the Owner.

Task 1 Deliverables

Monthly progress reports. Meeting agendas.

Meeting notes from project meetings.

Task 2- Schematic( 15%) Design Phase

Under this task the Engineer will:

1. Consult with the Owner to verify the general scope extent, character and schedule for the project.

2. Research, evaluate, and review existing documents previously prepared for the proposed site that will serve as the development strategy, standards for the design, and preliminary site plan development. The Master Plan for the RV Park layout prepared by Johnson Consulting ( January 2024) will be used as the basis for the schematic design layouts, and the existing topographic survey prepared by AKS will be used for the existing site conditions.

3. Obtain and review preliminary title reports from Cowlitz Title for Cowlitz County Parcels 08229, 08230, 08231 and 0816901 for utility and access easement encumbrances and property lines. Incorporate this information into the Owner provided topographic survey AutoCAD file for use on this project.

4. Review location and serviceability of existing utilities to serve the RV Park site.

S. Coordinate with local agencies, including City of Longview and CDID1, to determine restrictions or requirements necessary for permitting the RV Park,

6. Prepare two schematic layout alternates for an RV Park will be prepared, including: Onsite utilities, to include water supply piping ( domestic and fire), sanitary sewer, storm drainage and electrical.

Preliminary RV space layout, vehicle circulation and roadway layout, and connection to existing streets.

Street lighting for the RV park and the ingress and egress roadways.

Location for future restroom facility.

7. Evaluate sewer hookup for each RV space compared to an RV dump station near the vehicle egress onto Peardale or 7th Avenue including order of magnitude cost opinions for Owner review.

8. Prepare opinion of probable construction cost for both layout alternates.

9. Conduct up to three ( 3) progress meetings with the Owner to review and discuss various aspects of the project as the work proceeds.

10. Perform in- house quality control review of the work.

11. Advise the Owner if additional data or services are necessary.

Task 2 Deiiverab/ es

Consultant will provide Schematic Design Phase Deliverables as follows:

Two 22" x 34" schematic drawings of each site layout option in . pdf format. Opinions of probable construction cost in . pdf format.

DESIGN PHASE ENGINEERING SERVICES

Design, Bid Ad and Award and Construction Phase Services are not included in this Agreement. It is the intent of both parties to amend this agreement with Design Phase services after selection by the Agency of a preferred Schematic Design layout.

SCHEDULE

Notice to Proceed 11/ 7/ 2024

Project Kickoff Meeting by 11/ 22/ 2024

Traffic Scoping by 12/ 6/ 2024

Pre- application Meeting by 12/ 20/ 2024

Schematic Design by 1/ 22/ 2025

COMPENSATION

1. a. FIXED FEE FOR SERVICE: For services rendered, the County shall pay to the Contractor a fixed fee of DOLLARS ($ ) for the completed work set forth in Attachment" A.". Payments for completed tasks shall be made no more frequently than bi- monthly; quarterly; semiannually; annually; at completion of project; other ( specify)

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

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

Name/ Position

See Attachment E

Hourly Rate

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 TWENTY EIGHT THOUSAND AND NO/ 100THS 28, 500) DOLLARS 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.

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

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

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, onsite 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. Hold Harmless. Consultant shall defend, indemnify and hold harmless the County, its appointed and elected officers, agents and employees, from and against all claims, demands, losses, damages, or costs, including but not limited to damages arising out of bodily injury or death to persons and damage to property, caused by or resulting from:

a) The sole negligence of the Consultant, its officers, employees, agents, or subconsultants;

b) The concurrent negligence of the Consultant, its officers, employees, agents, or subconsultants; or

c) The use of any design, process, or equipment that constitutes an infringement of any United States patent presently issued, or violates any other proprietary interest including copyright, trademark, and trade secret.

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, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. Along with the other provisions of this Agreement, this waiver is mutually negotiated by the parties to this Agreement.

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

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

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

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

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

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

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

20. Disputes:

a) General. Differences between the Contractor and the County, arising under and by virtue of the contract documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the County Project Manager shall be final and conclusive thirty( 30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the County Project Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the County Project Manager are in error.

In connection with any appeal under this clause, the Contractor and County shall have the opportunity to submit written materials and argument and to offer documentary evidence pp Y 9 rY in support of the appeal. Oral argument and live testimony will not be permitted. The decision pp pp 9 Y 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.

d) In the event the County uses the Instruments of Service without retaining the authors of the Instruments of Service, the County releases the Consultant and Consultant' s subconsultants from all claims and causes of action arising from such uses. The County, to the extent permitted by law, further agrees to indemnify and hold harmless Consultant and its subconsultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses from the County' s unauthorized us of the Instruments of Service.

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.

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) General Conditions ( Attachment Q and d) Special Terms and Conditions ( Attachment D).

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 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( specify) As requested by County Project Manager

Progress reports shall include, at a minimum, the following: 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.

1, 000,000 per occurrence

Property damage 1, 000, 000 per occurrence

ERRORS AND OMISSIONS or PROFESSIONAL LIABILITY 1, 000, 000 per claim

WORKERS COMPENSATION: Statutory amount

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

Bodily injury, liability, including death

1, 000, 000 per occurrence

Property damage liability 1, 000, 000 per occurrence

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 ifthe 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: Risk Manager, Cowlitz County Administrative Svc., 207 4th Ave. N., Kelso, WA 98626. This Agreement shall be void ab initio if the proof of coverage is not timely supplied.

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 noncompliance. 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.

ATTACHMENT E

Cowlitz County Event Center

RV Park- Schematic Design

Gibbs & Olson, Inc.

Estimated Time and Cost Budget

Photocopying/ Plotting

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Request for Qualifications: Animal Care and Placement Services RFQ# 2026- 0021- 01

Submitted By: Ashley Claussen, Purchasing Supervisor

Submitted For: Ashley Claussen, Purchasing Supervisor

Department: OAS- Purchasing

Information

Subject and Summary Statement

Request for Qualification to identify qualified nonprofit organizations to provide animal care, housing, foster placement, and adoption services for animals released from County custody.

Submissions will be due to Purchasing Services by 4: 00 PM on July 30, 2026.

Staff Attendance

Department Recommendation

Staff recommends that the Board move to approve the attached Request for Qualifications and authorize its publication in the usual manner.

Approved: BOARD OF COUNTY COMMISSIONERS

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

Clerk of the Board

Attest:

Board of Cowlitz Count

GOfRichard

L' QSHiNGI

REQUEST FOR QUALIFICATIONS ( RFQ) FOR ANIMAL CARE AND PLACEMENT SERVICES

Deadline: Thursday, July 30, 2026 at 4:00 PMLocal Time

Cowlitz County is soliciting Statements ofQualifications (SOQs) from non-profit organizations to pre-qualify partners capable ofreceiving animals released from the custody ofthe Cowlitz County Sheriff's Office and assuming responsibility for their housing, care, and disposition, including efforts to return to owner, foster placement, adoption, or other appropriate outcomes.

Cowlitz County will hold an optional open house for interested organizations on July 14, 2026, at 4:00 PM local time. The open house will provide an opportunity for prospective respondents to learn more about the County' s animal care and placement needs and ask questions regarding this RFQ.

The open house will be held both in person and virtually via Zoom.

In-Person Location:

Cowlitz County Public Works Training Room

1600 13th Avenue South Kelso, WA 98626

Zoom Information:

https:// us06web.zoom.us/j/ 81102412693

Passcode: 250741

Attendance is voluntary and is not a prerequisite for submitting a Statement of Qualifications. Information shared during the open house that materially affects this RFQ will be provided to all prospective respondents.

Background

Cowlitz County is statutorily obligated under Washington State law to provide for the care, control, and disposition of certain animals. This includes, but is not limited to, animals that are stray, abandoned, seized, or otherwise impounded pursuant to Title 16 RCW. For purposes of this RFQ, animals may include, but are not limited to, domestic companion animals, livestock, and other animals lawfully subject to impoundment under applicable state law.

The Cowlitz County Sheriff's Office is responsible for the intake and initial custody of such animals, including compliance with all applicable holding periods and notification requirements. Following the expiration oflegally required hold periods, certain animals may become eligible for release from County custody. Cowlitz County seeks to establish partnerships with qualified nonprofit organizations to receive these animals and provide for their ongoing care and placement.

This RFQ is to identify and pre-qualify eligible non-profit organizations only. Cost or pricing proposals are not requested and should not be submitted in response to this RFQ. Cowlitz County anticipates compensating the selected non-profit organization(s) through a one-time, per-animal fee upon transfer from County custody. Final compensation terms will be negotiated with the selected organization(s) and incorporated into any resulting agreement.

Scope of Services

The following scope outlines the minimum expectations for organizations selected through this RFQ. The selected organization( s) must provide, at a minimum, the following services:

1. Animal Intake

a. Coordinate transfer of animals from County custody

b. Accept animals in varying conditions, including those requiring medical or behavioral support or specialized care, subject to the terms ofthe County' s Animal Release Waiver, attached as Exhibit 1.

2. Housing and Daily Care

a. Provide safe, sanitary, and humane housing

b. Ensure proper feeding, cleaning, enrichment, and exercise

c. Maintain appropriate population management practices to avoid overcrowding

3. Veterinary Care

a. Arrange for necessary medical treatment, including emergency care when required

b. Maintain vaccination and disease control protocols consistent with species-specific standards of care

c. Ensure all adoptable animals are:

i. Spayed/neutered prior to placement, unless medically inadvisable or not appropriate for the species

ii. Vaccinated in accordance with species- appropriate veterinary protocols and current standards of care, including rabies vaccination where required by law and medically appropriate as well as core vaccinations appropriate to the species

iii. Treated with a broad spectrum dewormer appropriate to the species

iv. Treated for fleas and other external parasites

v. Provided permanent identification appropriate to the species, which may include microchipping for dogs and cats, or other accepted identification methods as determined by a licensed veterinarian

4. Foster Coordination

a. Recruit, screen, and train foster caregivers

b. Monitor foster placements and animal welfare

c. Maintain accurate foster records

5. Adoption Services

a. Market animals for adoption

b. Screen potential adopters and facilitate placement

c. Execute adoption agreements in accordance with organizational policies

d. Maintain accurate adoption records

6. Reporting and Records Management

a. Maintain complete and auditable records of animal intakes, outcomes, and operations. For each animal, the record shall include:

i. Animal type

ii. Start and end date ofhousing

iii. Veterinary care records

iv. Contact information for foster, adopter, or rescue

b. Provide operational and statistical reports to the County upon request, including:

i. Number of intakes

ii. Number of adoptions, transfers, or foster placements

iii. Expenses incurred for veterinary care

c. All records maintained under this Section shall be retained for a minimum period of six ( 6) years, in accordance with applicable legal and public records requirements.

7. Compliance and Coordination

a. Comply with all applicable local, state, and federal laws

b. Coordinate with County staff, animal control officers, and law enforcement

Minimum Oualifications

To be considered responsive to this RFQ, organizations must clearly demonstrate that they meet all qualifications outlined below. Failure to meet any qualification may result in the response being deemed non- responsive.

1. Must be registered as a 501( c)( 3) nonprofit in good standing, authorized to operate in Washington State, and eligible to receive public funds.

2. Minimum of two years' experience operating an animal rescue, shelter, foster-based organization, or similar animal welfare program, with a proven track record of successful animal placement.

3. Located within approximately a 30- minute travel radius of Cowlitz County, or otherwise demonstrate the ability to provide timely animal intake, transfer, and placement services.

4. Demonstrated ability to provide ongoing care for multiple animals, including access to appropriate housing ( facility, foster network, or both), and capability to manage animals requiring separation or specialized handling. Established intake, care, and adoption procedures must already be in place.

5. Established relationships with licensed veterinarians and the ability to coordinate routine and emergency medical care, including spay/neuter and vaccinations.

6. Ability to maintain accurate records and documentation for animal intake, care, and disposition, including adoption and foster agreements. Must comply with all applicable laws and provide reports to the County upon request.

7. Ability to obtain and maintain general liability insurance appropriate to the services contemplated under this RFQ and to name Cowlitz County as an additional insured.

8. Must have no material history of violations related to animal welfare or regulatory compliance.

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

Ouestions and Clarifications

All questions regarding this RFQ must be submitted via email to the RFQ Coordinator identified below no later than 4:00 PM local time on July 16, 2026. Responses will be provided in writing and may be issued as clarifications or addenda and distributed to all known respondents as appropriate. Oral or informal responses are not binding. Cowlitz County reserves the right to determine the timing and method of responses to ensure consistency in the procurement process.

RFQ Coordinator:

Ashley Claussen Purchasing Services

ClaussenA@cowlitzwa. gov 360- 577- 3030 ext. 6856

Procurement Schedule

The County anticipates the following schedule for this solicitation. The County reserves the right to modify these dates at its sole discretion.

Milestone

Optional Open House

Deadline for Questions

Final Addendum Issued

Date

July 14, 2026, 4:00 PM

July 16, 2026, 4:00 PM

July 21, 2026, 4:00 PM

SOQ Submission Deadline July 30, 2026, 4:00 PM

SOO Format, Style and Length

SOQs must be concise and focused on the information requested. Submittals must not exceed 20 pages, except for references and proof of nonprofit status or other required eligibility documentation identified in this RFQ. All submittals must be organized and labeled in accordance with the outline below.

1. Cover Letter

Provide a brief introduction to the organization and its interest in this opportunity. Include primary contact information and acknowledgment ofthe County' s proposed compensation structure.

2. Experience and Qualifications

Describe the organization' s background, mission, and relevant experience. Include:

a. Proof of 501( c)( 3) status

b. Years ofoperation and type ofservices provided

c. Experience with animal intake, care, and placement

d. Summary ofsimilar partnerships or contracts

e. Demonstration ofhow the organization meets the minimum qualifications

3. Operational Capacity

Describe the organization' s current capacity and how it will fulfill the Scope of Services. Include:

a. Description of facilities and/ or foster network

b. Types ofanimals accepted and any limitations

c. Capacity for intake and population management practices

d. Procedures for housing, daily care, and enrichment

e. Access to and coordination of veterinary services

f. Approach to owner reunification, foster coordination, and adoption services

g. Recordkeeping systems and reporting capabilities

h. Geographic service area and ability to coordinate timely animal transfers

4. Key Personnel

Identify key staff and/or volunteers responsible for program oversight and service delivery. Include relevant experience, roles, and organizational structure.

5. References

Provide a minimum of three ( 3) references from organizations or partners familiar with your animal care and placement services. References may include government agencies, animal shelters, rescue organizations, foster networks, veterinary partners, or other relevant collaborators. Include contact name, organization, relationship, and current contact information.

Evaluation and Selection

No scoring or ranking system will be used. Responses will either be deemed responsive ( meeting minimum qualifications) or non-responsive( failing to meet one or more minimum qualifications). The County will determine which respondents are qualified to move forward for potential agreement based on the review of minimum qualifications. The County reserves the right to identify any, all, or none of the respondents as qualified and may enter into agreements with multiple organizations to meet operational needs. Selection as a qualified respondent does not guarantee execution of an agreement or any minimum volume of animal transfers. The County

makes no guarantee regarding the number of animals that may be transferred under any resulting agreement.

Selected respondents will be expected to enter into a contract which is substantially the same as the County' s Personal Services Agreement and in accordance with the general terms and conditions therein, attached as Exhibit 2. Insurance requirements and other applicable terms and conditions are included in the standard agreement. Respondents shall not submit their own standard contract terms and conditions as part of their response. Any proposed exceptions to the County' s standard agreement must be clearly identified and submitted as part of the respondent' s RFQ submission. The County will review any requested exceptions at its sole discretion and may accept or reject such exceptions as part of the negotiation and selection process. The County reserves the right to determine final contract terms with any selected respondent( s).

Revisions

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

Americans with Disabilities Act (ADA) Information

Cowlitz County in accordance with Section 504 ofthe Rehabilitation Act and the Americans with Disabilities Act ( ADA), commits to nondiscrimination based on disability in all programs and activities. This material can be made available in an alternate format by emailing Cowlitz County Department ofPurchasing Services at cowlitz.purchasing@cowlitzwa.gov or by calling 360-5773030.

Equal Employment Opportunity

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

Reservations

Cowlitz County reserves the right to reject any and all SOQs and to waive minor irregularities or informalities in the submittal and evaluation process. This solicitation for Animal Care and Placement Services does not obligate the County to award a contract or to pay any costs incurred by respondents in the preparation or submission of an SOQ, or in participation in any phase ofthe selection or negotiation process. Further, this RFQ does not obligate the County to accept or contract for any expressed or implied services. The County also reserves the right, at its sole discretion, to consider and approve service providers outside the proposed geographic area when

necessary to meet specific animal care needs, including but not limited to specialized breeds, medical conditions, or capacity limitations.

Proposer Representations and Certifications

Submission of an SOQ shall constitute a representation and certification by the Proposer that the Proposer has carefully reviewed and fully understands all information provided by the County as the basis for this solicitation; possesses the capability to successfully perform and fulfill the responsibilities and obligations described herein; and that all information contained in the SOQ is true, accurate, and complete to the best of the Proposer' s knowledge. The Proposer further certifies that it has not engaged in collusion, conspiracy, or any agreement, directly or indirectly, with any person, firm, corporation, or other Proposer regarding the terms, conditions, or pricing of this submission. The Proposer acknowledges that the County reserves the right to make any inquiries it deems appropriate to verify or supplement information provided and, by submitting an SOQ, authorizes the County to conduct such inquiries and agrees to provide any requested documentation in a timely manner.

Submittal

One( 1) electronic copy in PDF form is due no later than 4: 00 PM on Thursday, July 30, 2026 to Ashley Claussen at ClaussenA@cowlitzwa.gov. The Subject Line shall read" Animal Care and Placement Services RFQ # 2026- 0021- 01." Late submittals will not be considered for contract award.

ANIMAL RELEASE WAIVER

EXHIBIT

2. release Cowlitz County Animal Con rot, its officers, employees, agents, and Cowlitz County from any and all

or injuries arising from or related to this animal following its release.

3. acknowledge that Cowlitz County Animal Control makes no warranties or representations regarding the

temperament, or behavior of this animal.

4. understand that it is my responsibility to comply with all applicable local, state, and federal laws regarding the ownership and care of this animal.

5. certify that all information provided on this form is true and accurate to the best of my knowledge.

EXHIBIT 2

PERSONAL SERVICES AGREEMENT

Contract Number:

1pgSNING16o,

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 N°:

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 Con ition and Retirement Status Form ( signatur ire

Attachment E —

copies of which are attached hereto a corpo ed n b s reference as if fully set forth.

The term of this Agreement shall com e y of 2023 and shall, unless terminated as provided elsewhere in the reement, inate on the day of The County reserves the right to extend the con tr up to additional year periods.

IN WITNESS WHEREOF, the p _ es ha to this Agreement on this day of 2023.

COWLITZ COUNTY:

CONTRACTOR:

Print name:

Title:

Date:

Optional for Commissioner Appro va

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner ATTEST:

BOCC approval subject to Board ratification or authorization)

Kelly Grayson, Clerk of the Board

CONTRACT HAS BEEN APPROVED AS TO FORM BY COWLITZ COUNTY PROSECUTING ATTORNEY 2014—ver. 3]

SCOPE OF WORK

Cowlitz County hereby engages the Contractor to serve as an independent contractor providing 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:

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 DOLLARS ($ for the completed work set forth in Attachment " A.". Payments for completed tasks shall be made no more frequently than bi- monthly; quarterly; semiannually; annually; at completion of project; other ( specify):

b. HOURLY RATES: For services rendered, the County shall compens ntractor t the following hourly rates:

Payments for completed tasks shall be made fre ly than monthly; quarterly; semiannually; annually; at completion of proj her ify):

Each request for payment shall be su voic cifying: the name/ position of the Contractor' s employee if two or more are identifi ov , mber f hours worked; completed tasks for which compensation is sought and; ent am requested.

In no event shall Contracto c to xcess of for the completed work set forth in Attachment" A."

2. AND

a. The com et ein includes, without limitation: labor, materials, equipment, travel, telephone, compute , copiers a he like.

c. Other ( specify) The County, in addition to the compensation herin set forth shall provide to the Contractor the following: Page 1

GENERAL CONDITIONS

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 out the express and prior written approval of the County Project Manager.

4. Independent Contractor. The Contractor' s services shall be f ed a Contractor as an independent contractor and nothing herein contained shall be con create a relationship of employer/ employee or master/ servant.

The Contractor acknowledges that the entire compensatio his Agreemen ied in Attachment B and the Contractor is not entitled to any county benefits ing, but not ed to: vacation pay, holiday pay, sick leave pay, medical, dental or othe e fits, or a ther rights or privileges afforded to Cowlitz County employees. The Con r re en tit tains a separate place of business, serves clients other than the County report inco expense accrued under this contract with the Internal Revenue Service n a ess schedul nd has a tax account with the State of Washington Department of Re fo t of all sales and use and Business and Occupation taxes collected by the State o gto

In the event that either the stat r fede go en ermines that an employer/ employee or master/ servant relationship exis a n in dent contractor relationship such that Cowlitz County is deemed responsible with g, social security contributions, workers compensation and the like, the Cont r agr s to reimburse Cowlitz County for any payments made or required to be madeft itz Cou Should any payments be due to the Contractor pursuant to this Agreement, the Cones th . bursement may be made by deducting from such future payments a pro rata shar th t to reimbursed.

Notwithstandi deter by th state or federal government that an employer/ employee or master/ sery relationship s, the Contractor, its officers, employees and agents, shall not be entitled to benefi litz County provides to its employees.

5. No Guarantee to me The performance of all or part of this contract by the Contractor shall not operate to vest any em ent rights whatsoever and shall not be deemed to guarantee any employment of the Co r or any employee of the Contractor or any subcontractor or any employee of any subcontractor e 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.

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. T Contractor agrees to bear any extra expenses incurred by the County in completing the work, ing all increased costs for completing the work, and all damage sustained, or which may be sus d by t e County by reason of such default.

If a notice of termination for default has been issued and it is later de d for an Fason that the Contractor was not in default, the rights and obligations of the parties sh the s as if the notice of termination had been issued pursuant to the Terminati r Public Conv ragraph hereof.

10. Termination for Public Convenience. The County ma t ontract i hole or in part whenever the County determines, in its sole discretion th in is in interests of the County. Whenever the contract is terminated in accord with thi arag Contractor shall be entitled to payment for actual work performed for com d ite of wor equitable adjustment in the contract price for partially completed item wor ade, but such adjustment shall not include provision for loss of anticipated profit on or pleted work. Termination of this contract by the County at any time during the term, wh de r convenience, shall not constitute a breach of contract by the County.

11. Termination Due to Insufficient cient s for payment under this contract are not appropriated or allocated or are wi wn, uced, o otherwise limited, the County may terminate this contract upon thirty days wri otice to the Contractor. No penalty or expense shall accrue to the County in the eve vision es.

12. Termination Procedure. Th Ilo o s apply in the event that this Agreement is terminated:

a) The Cc for shall cea perform any services required hereunder as of the effective date of termina n and s m with all reasonable instructions contained in the notice of termination, if any.

b) The Con all pr e e County with an accounting of authorized services provided through the effective date of ter ation.

c) If the Agreement h en terminated for default, the County may withhold a sum from the final payment to the ctor 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.

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 ari cern' g the construction or interpretation of any of the terms of this Agreement, the venue of actio II be in the courts of the State of Washington in and for the County of Cowlitz. This Agre t s e governed by the law of the State of Washington.

16. Withholding Payment. In the event the County Projec nager determi e Contractor has failed to perform any obligation under this Agreement the times se in this Agreement, then the County may withhold from amounts of d payabl ontractor the amount determined by the County as necessary to efa ntil gpCounty Project Manager determines that such failure to perform ha n cure ith der this clause shall not be deemed a breach entitling Contractor to ter on or ages, ded that the County promptly gives notice in writing to the Contract the r he defaul or failure to perform, and in no case more than ten( 10) days after it d es t old amounts otherwise due. A determination of the County Project Manager set fo otice e Contractor of the action required and/ or the amount required to cure any alleg a to p shall be deemed conclusive, except to the extent that the Contrac with the s an in strict accord with the provision of the Disputes clause of this Agree ty m t in accordance with any determination of the County Project Manager which bec conclu a under this clause, without prejudice to any other remedy underI& Agreeme take all or any of the following actions: ( 1) cure any failure or default, ( 2) to p ount s uired to be paid and to charge the same to the account of the Contractor, ( 3) t t mo id or incurred from amounts due or to become due the Contractor. In the ev the r tains relief upon a claim under the Disputes clause, no

by reason of good faith withholding by the County

Ri hts and d obligations imposed by this Agreement and the rights and remedies available he all dition to and not a limitation of any duties, obligations, rights and remedies other a impose r available bylaw.

18. Contractor Commit arranties and Representations. Any written commitment received from the Contractor concerning is 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.

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.

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 a t' o Jkmptly taken. The records, orders, rulings, instructions, and decision of the County Project Man hall be final and conclusive thirty ( 30) days from the date of mailing unless the Contractor or oth rwise furnishes to the County Project Manager a written notice of appeal. The notice ea s clude facts, law, and argument as to why the conclusions of the County Project Mana a ror.

In connection with any appeal under this clause, e Contractor Cou hall have the opportunity to submit written materials and argument to offer docu idence in support of the appeal. Oral argument and live testimony will n permitted. T ision of the County Project Manager for the determination of such a h final and clusive. Reviews of the appellate determination shall be brought in ti owffounty within fifteen ( 15) days of mailing of the written appellate d inatio ends ecision of the dispute, the Contractor shall proceed diligently with the rman f this Went and in accordance with the decision rendered.

b) Notice of Potential Claims. The Contr II n entitled to additional compensation or to extension of time for ( 1) any t or fail t by t unty Project Manager or the County, or 2) the happening of any ev urr e, th Contractor has given the County a written Notice of Potential Claim wit ys o commencement of the act, failure, or event giving rise to the claim, and b fina yment y the County. The written Notice of Potential Claim shall set fort reasons which the Contractor believes additional compensation or extension of time is ature cost involved, and insofar as possible, the amount of the potential claim. Cont or ep d complete daily records of the work performed, labor and material ed, an cos i onal time claimed to be additional.

c) Detailed m. The Con r shall not be entitled to claim any such additional compensation, or extensi of time, ss in thirty ( 30) days of the accomplishment of the portion of the work from w the e d before final payment by the County, the Contractor has given the County writt t ment of each element of cost or other compensation requested and of all elemen s of additi time required, and copies of any supporting documents evidencing the amount or the exten ' f time claimed to be due.

21. Ownership of Items Pr duced 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:

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 ontractor has not obtained an injunction and served the County with that injunction by the of business on the tenth business day after the County sent notice, the County will then di e the record unless it makes an independent determination that the record is exempt from di re. N hstanding the above, the Contractor must not take any action that would affect ( a) t unt ility to use goods and services provided under this Contract or ( b) the Contractor obli rider thi Contract. The Contractor will fully cooperate with the County in identifying and ass ng rec in case of any public disclosure request.

c) Contractor' s failure to timely provide such records n d shall be a ed a material breach of this Contract. To the extent that the County' m ry pen , attorneys' fees, and/ or any other expenses as a result of such bre ontr r s II emnify and hold harmless County as set forth in Section 13. For p es of t sec o terms " public records" and agency" shall have the same meaning de by pter 42. CW, as said chapter has been construed by Washington courts. T visi is section shall survive the expiration or termination of this Agreement.

22. Recovery of Payments to Contrac e rig f ntr r to retain monies paid to it is contingent upon satisfactory performance nt, . ng the satisfactory completion of the project described in the Scope of Work ( A m In th vent that the Contractor fails, for any reason, to perform obligations re uired of this Agreement, the Contractor may, at the County Project Manager' s sole discretio uired t ay to the County all monies disbursed to the Contractor for those parts of the projec nder rthless in the opinion of the County Project Manager by such failure to perform.

Interest shal ue at the f 12 percent ( 12%) per annum from the time the County Project Manager de nds repaymen funds.

23. Project A ex character of all work and services to be performed under this Agreement by ontracto hall be subject to the review and approval of the County Project Manager. For purposes of this Agre t, the County Project Manager is:

Name:

Address:

Phone: E- Mail:

Page 5

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.

28. Time is of the Essence. Time is of the essence in the performance of ontrac unless a more specific time period is set forth in either the Special Terms and Conditions ope of k.

29. Notice. Except as set forth elsewhere in the Agreement, for all purpos er this A ment, except service of process, any notices shall be given by the Contr ctor to the Co Proj anager. Notice to the Contractor for all purposes under this Agreemen II be given to on executing the Agreement on behalf of the Contractor at the address ident n the signatu ge.

30. Severability. If any term or condition of this co o a do eof to any person( s) or circumstances is held invalid, such invalidity sh t affect er to itions or applications which can be given effect without the invalid term, ' tion applica To this end, the terms and conditions of this contract are declared se le.

31. Precedence. In the event of inconsistenc Agr t, unless otherwise provided herein, the inconsistency shall be resolved by Ming pr de . th wing order:

a) Applicable federal, state and rdina and regulations; b) Scope of Work( Attachment A) a omp ation ( ttachment B); c) Special Terms and C ' ons ( Att ent D); and d) General Conditions t C).

32. Waiver. Wa r o n ivey bre or his contract shall not be deemed a waiver of any prior or subsequent br o ter ition this contract shall be held to be waived, modified or deleted except by a trument, in g, signed by the parties hereto.

33. Attornev Fe a Yawn must be brought to enforce the terms of this agreement, the prevailing parilpsom e ent d o be paid reasonable attorney fees.

34. Construction. This afire has been mutually reviewed and negotiated by the parties and should be given a fair and rea e 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: Page 6

1. Notice of Award; and

2. Addenda; and

3. Agreement; and

4. Conditions of Cowlitz County Request For Proposals No. and

5. Quoted proposal of Contractor dated

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

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

Other:

Reports shall include any problems, delays or adver nditions whic erially affect the Contractor' s ability to meet project objectives or time sc es together w statement of action taken or proposed to resolve the situation. Repo a clude rec endations for changes to the Scope of Work, if any. Payments may b re are ubmitted.

2. Insurance. The Contractor shall maintain in rce a ffect the term of this Agreement, and until final acceptance of the work, c lia roperty damage insurance with companies or through sources approved by the st ran missioner pursuant to RCW Title 48, as now or hereafter amended. The County, its d an cted officials, agents and employees, shall be specifically named as additional insu s olic h the same company which insures the Contractor or by endorseme AS po r wi a separate carrier approved pursuant to RCW Title 48, as now or here and lowing coverages shall be provided:

Contractor' s and Contractor' s subcontractors' insurance policies and additional

endorsements shall provide primary insurance coverage and be non- contributory. Any insurance, self-

or insurance pooling maintained or participated in by the County shall be

All Contractor' s and Contractor' s subcontractors'

policies must be endorsed to show this primary coverage. Page 1

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 selfinsured 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 endorsemen his requirement shall not apply to any policy which includes a condition expressly prohibitin ver of subrogation by the insured or which voids coverage should the Contractor enter into a waiver of subrogation on a pre- loss basis.

The County, its departments, elected and appointed officials, em s, agent d volunteers shall be named as additional insureds on Contractor' s and Contract ubc o ors' insurance policies by way of endorsement for the full available liro& f insurance m y the Contractor and subcontractor, and all coverage shall be primary an - contributory. tement or notation of additional insured status on a Certificate of In e of satisfy e e requirements. [ This endorsement shall not be required if the Cont ov ntal and is insured through a governmental entity risk pool authorized e Stat Wa

The Contractor shall, for each requir sur provide a Certificate of Insurance, with endorsements attached, evidencing qui overages, limits, deductibles, self- insured retentions and endorsements and whi ditio pon the County receiving thirty ( 30) days prior written notice of reduction in co a can on or non- renewal. Each Certificate of Insurance and all insurance hall pr d to e attention of the project manager. This Agreement shall be void ab i of c ge is not timely supplied.

The insurance maint under th reement shall not in any manner limit or qualify the liabilities or obligations of th or un is Agreement. All insurance policy deductibles and selfinsured retentions fo lic tain der this Agreement shall be paid by the Contractor.

Compens d/ or s to the Contractor under this Agreement are expressly conditio pon the Co or' s strict compliance with all insurance requirements. Payment to the Contra shall b sp ed in the event of noncompliance. Upon receipt of evidence of Contra co ents not otherwise subject to withholding or set- off will be released to the This r ment shall be void ab initio if the proof of coverage is not timely supplied.

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

3. 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.

4. Other (specify):

2. 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:

CONTRACTOR ( Full, individual name of contractor):

BOCC Agenda

Meeting Date: 6/ 23/ 2026

RESOLUTION - Call for Hearing- Proposed Ordinance- CCC 12.21 Utility Installations

Submitted By: Emilie Cochrane, Lead Admin Assistant III

Submitted For: Susan Eugenis, County Engineer

Department: Roads Administration Information

Subject and Summary Statement

The attached resolution is to set a Hearing for the consideration o f amending Cowlitz County Code 12. 21, Utility Installations Upon County Road Rights-of-way. The proposed ordinance will clarify the conditions ofinstallation and maintenance of utilities within the right of way to protect the traveling public.

Staff Attendance

Savannah Clement

Department Recommendation

It is the recommendation ofthe Department ofPublic Works that the Board move to adopt the resolution setting the public hearing on July 14, 2026 at 10: 00 a.m. and publish the Notice of Hearing in the usual manner.

Cochrane, Emilie

Eugenis, Susan

Jensen, Doug

Kelly

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a public hearing will be held on July 14, 2026, at 10: 00 a. m. in the Commissioners' Hearing Room, County Admin Bldg, Kelso, WA to consider amending Chapter 12. 21- Utility Installations of Cowlitz County Code, and amending content and code references therein to reflect this adoption.

The Clerk of the Board will accept written testimony concerning the proposed amending Ordinance update until the Monday immediately preceding the public hearing, and no later than 4: 00 p. m.

The Cowlitz County Administration Building is accessible for persons with disabilities Details on the type of meeting will be posted on the BOCC website:

https:// www. co. cowLitz. wa. us/ 166/ Board- of- Commissioners.

Dated the 23rd day of June 2026

BOARD

OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Published:

PUBLICATION REQUIREMENT: To be published in one (1) issue

BILLING INFORMATION:

1) AFFIDAVITS TO: Cowlitz County Commissioners

ATTN: Clerk of the Board

207 Fourth Avenue North, Room 305 Kelso, WA 98626

2) BILL TO: Cowlitz County Public Works

Attn: Savannah Clement, Dep. Dir.

1600 13th Ave. S. Kelso, WA. 98626

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

AMENDING CHAPTER 12. 21 OF COWLITZ

COUNTY CODE REGULATING UTILITY

INSTALLATIONS UPON COUNTY ROAD

RIGHTS- OF- WAY

ORDINANCE NO.

A. Cowlitz County is situated at the mid- point of the largest population and commercial centers of Washington and Oregon, along the Interstate 5 highway corridor and along primary north/south railway, pipeline and communication corridors which are utilized by utility providers and services, as well as east/ west corridors along State highways; and

B. The County, under Title 36 RCW and Ch. 136-40 WAC, and under RCW 36.75.020 and RCW 36. 55, as an agent of the State of Washington for its roadways, is authorized and is required to regulate the use of its road rights-of-way to ensure the public health, safety and welfare of the citizens of the County and the general traveling public with respect to placement of utilities and infrastructure within said rights- of-way; and

C. The County desires to update the regulations guidelines and regulations to ensure the orderly placement and development of public and private utilities and infrastructure for the benefit and safety of the general public, conservation of rights-of-way corridors, and facilitation of road improvements and repairs; and

D. The County desires to permit and manage reasonable access to and use of its public rights-of-way for utilities and infrastructure purposes to conserve the limited capacity of these public rights-of-way for such uses, held in trust by the County, and to enable the County to discharge this trust consistent with rapidly evolving federal and state regulations and policies, and utilities expansion and technological development; and

E. The County finds there has been and anticipates there will continue to be an ever increasing number of utilities providers and services seeking access to and use of the County' s public rights- of-way, which require assurances that the County' s current and ongoing regulation and oversight of its rights- of-ways to make its roadways safe for the travelling public allows for ongoing construction, realignments and repairs through compliance with placement, location and relocation regulations;

F. The County seeks to ensure that that all utility and facilities providers and services seeking installation of utilities and infrastructure within its rights- of-way comply with the

ordinances, rules and regulations of the County, enacted to ensure public health, safety and welfare regarding County rights- of-way; NOW THEREFOR

BE IT ORDAINED by the Board of Cowlitz County Commissioners that:

1. Purpose. The purpose of this ordinance is to amend, repeal and replace portions of Chapter 12.21 of the County Code for UTILITY INSTALLATIONS UPON COUNTY ROAD RIGHTS- OF-WAY, all in accordance with the findings stated herein, and other County regulations and state law.

2. The following sections of amended, repealed and replaced Chapter 12.21 of Cowlitz County Code are herewith adopted as follows:

12. 21. 005 Purposes and Objectives

1) Purpose. The purpose of this Chapter is to establish regulations to provide administrative, procedural and technical guidance for the installation, replacement, adjustment, maintenance, repair and Relocation of all utilities, facilities and infrastructure, and construction, excavation, encroachments and Work activities which are located within or upon or under County rights-of-way. To achieve these purposes, it is necessary to require franchising, permitting and licensing of users of the County rightsof-way and establish regulations and procedures.

2) Objectives. Public and private uses of rights- of-way for location of utilities, facilities and other infrastructure employed in the provision of public or private services should, in the interests of the general welfare, be accommodated; however, County must ensure that the primary purpose of the rights-of-way, passage of traffic and public safety for the public, is maintained to the greatest extent possible. The use of the rights-of-way will not unreasonably limit or encroach upon the public's right to travel and public safety on said rights- of-way. In addition, the value of other public and private installations, roadways, trails, facilities, and properties should be protected; competing uses must be reconciled and coordinated; and the public health and safety preserved. The use of the rights-of-way corridors by private users is secondary to these public objectives and the movement of traffic. This Chapter is intended to strike a balance between the public need for efficient, safe and affordable transportation routes and the use of rights- of-way for location of facilities by other public and private entities. The regulations set forth herein cannot address all situations and conditions that may be encountered. Specific provisions contained in this Chapter may not be appropriate for all locations and existing conditions.

Thus, these regulations and requirements have several objectives:

a) To ensure that public health and safety is maintained, and that utilities, facilities and other infrastructure of public or private services cause the least interference with other uses ofthe road and the traveling public;

b) To protect the County' s infrastructure and public investments by establishing access, construction, location, Relocation, maintenance and repair standards for utilities, facilities and other infrastructure of public or private services within the rights-of-way;

c) To facilitate Work within the rights- of-way for access, construction, location, Relocation, maintenance and repair through the standardization of regulations, by establishing clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of the use of rights-ofway, and Permit and manage reasonable access to the rights- of-way on competitively neutral and nondiscriminatory bases;

d) To maintain an efficient Franchise, Permit and licensing processes, and assure that the County's current and ongoing costs of processing, granting and regulating access to and use of the rights- of-way are fully paid by the persons seeking such access and use, and initiating such costs;

e) To conserve and promote the most efficient use of the limited physical capacity ofthe rights-of-way held in public trust by the County;

f) To establish regulations for enabling the County to discharge its public trust consistent with the evolving federal and state regulatory policies, industry competition, and technological development, including consistency of application under 47 U.S.C. sec. 253, in a non-discriminatory manner, for permitting use of the public rights- of-way and/ or public property;

g) To promote cooperation among utilities, facilities and other infrastructure owners and the County in the occupation of the public' s rights- of-way, and access, construction, location, Relocation, maintenance and repair therein, in order to ( i) eliminate duplications or installations that are wasteful, unnecessary, or unsightly, ( ii) lower the owner's and the County's costs of providing services to and protecting the public health and safety, and ( iii) minimize nonessential damage/ disturbance/ degradation to the primary use ofrights-of-way by traveling public; and

h) To assure that the County can continue to fully and responsibly protect the public health, safety, and welfare.

12. 21. 010 Accommodation of utilities on rights- of-way.

1) The board finds that it is in the public interest of Cowlitz County to adopt regulations (hereinafter policy) to preserve and protect county rights-of-way, provide for the health and safety of the traveling public utilizing rights-of-way, and provide for an orderly process ofinstalling, maintaining, locating and relocating Utilities and Facilities.

a) This policy shall apply to all Franchises and Permits and Licenses issued pursuant to or associated with RCW 80.32.010, RCW 80.36.040, Ch. 36.55 RCW, as to all public and private utilities and facilities, and to all installation, replacement, adjustment, maintenance, repair and Relocation of Utilities or Facilities within the county rights- of-way, including but not limited to: electric power, telecommunications, telephone, cable television or video programming, telegraph, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines or cables.

2) These regulations may be subject to other local regulations or policies due to the overlap of Utility and Facilities regulations and policies. In the event of any conflict between these regulations or policies of the county, the regulations or policies which provide greater regulatory controls shall apply. No Franchise, Permit or License granted pursuant to this Chapter shall remove the applicant' s obligation to comply in all respects with provision of any federal, state, or local law or regulation. Owners of utilities,

facilities and other infrastructure shall have no ownership rights in the rights- of-way, even though they may be granted a Permit, License, or Franchise for installations, operations, replacements, adjustments, maintenance, repairs and Relocation of any facilities within the rights-of-way. Further, the County's granting of a Permit, License or Franchise shall not imply or be construed to mean the County shall be responsible for the designs, construction, installations, operations, replacements, adjustments, maintenance, repairs and Relocation of any Utilities or Facilities or for public health and safety of the traveling public for the same.

3) When the provisions contained in this manual are not appropriate for a particular location, situation or condition, the latest editions of the Standard Specifications and Standard Plans for Road, Bridge, and Municipal Construction, as published by WSDOT and the most current version of the Cowlitz County Road and Street Design Standards. These documents are intended to assist, but not substitute for, competent work by both road and Utilities and Facilities design and installation professionals. Utilities and Facilities owners are encouraged to present alternatives to the County Engineer that could result in greater quality, lower cost, or better safety

4) This Chapter shall apply to ( i) all Franchises, Permits and Licenses granted by the County, ( ii) all owners, Permittees, Licensees and Franchisees, and ( iii) to all installations, operations, replacements, adjustments, maintenance, repairs and Relocation of all facilities within the County rights-of-way. All contractors, companies and installers shall obtain a Permit or License,( by and through the Utility or Facilities owner, or legal representative duly authorized to bind the owner thereof, from the County and receive approval prior to accessing, installing, operating, replacing, adjusting, maintaining, repairing, locating and Relocating of all Utilities and Facilities of any kind within County rights- of-way. It shall be the responsibility of any Utility or Facility owner installing, maintaining, locating or relocating any of its Utilities or Facilities and infrastructure to ascertain and abide by the requirements and conditions ofthese laws or regulations.

5) Failure to abide by the requirements and conditions of these laws or regulations or failure to receive approvals for access or performing Work within the rights-of-way shall constitute a public nuisance, and a criminal violation under CCC 1. 01. 090, including criminal trespass.

6) A copy of any amendments to this policy shall be forwarded to the county road administration board within thirty days ofadoption in pursuant to WAC 136-40-050.

12. 21. 020 Definitions.

Unless otherwise stated, words and phrases used in this Chapter shall have the following meanings:

1) " Appurtenance" means equipment and/or accessories which are a part of an operating Utility system or subsystem.

2) " Backfill" means replacement of excavated material with suitable material compacted as specified.

3) " Bedding" means placement of suitable material to provide structural support and protect a pipe, conduit, casing or gallery.

4) " Board" means the board ofCowlitz County commissioners.

5) ' Boring" means grade and alignment- controlled mechanical or other method of installing, such as hole hogging, a pipe or casing under a road without disturbing the surrounding medium.

6) " Carrier" means pipe directly enclosing a transmitted fluid or gas.

7) " Casing" means a larger pipe enclosing a carrier for the purpose of providing structural or other protection to the carrier and/or to allow for carrier replacement without re- excavation, jacking or boring.

8) " Coating" means protective material applied to the exterior or interior ofa pipe or conduit to prevent or reduce abrasion and/ or corrosion damage.

9) " Conduit" means an enclosed tubular runway for protecting wires or cables.

10) " County" means Cowlitz County.

11) " Cover" means depth to top ofpipe, conduit, casing or gallery below the grade of a road, shoulder or ditch.

12) " Director" means the Cowlitz County director ofpublic works or designee.

13) " Drain" means appurtenances to discharge accumulated liquids from casings or other enclosures.

14) ' Emergency" means any condition constituting a clear and present danger to life or property, or a Utility or Facility service outage.

15) ' Encasement" means a structural element surrounding a pipe or conduit for the purpose ofpreventing future physical damage to the pipe or conduit.

16) ' Engineer" means the Cowlitz County Engineer or designee.

17) ' Excavation" means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than twelve inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.

18) " Facility" or " Facilities" means, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, pipes, pumps, fixtures and appurtenances, structures and other equipment used in connection with transmitting, receiving, distributing, offering, and providing Utility and other private or public Facilities, including power, telecommunications, cable and wireless services located under, on or above the surface of the ground within rights-ofway. For the purposes of this definition, Facilities include telecommunications and cable facilities, and include wireless communication facilities as that term is used in Chapter 18. 70 CCC.

19) " Fiber optics" means any form of communications transmission by glass wire strands that uses light to send data, video and sound.

20) " Franchise" means occupancy and use document granted by the county for occupancy of rights- of-way in accordance with Chapter 36. 55 RCW and/ or Chapters 80. 32 & 80. 36 RCW.

21) " Gallery" means an underpass for two or more utility lines.

22) " Jacking". See 'Boring."

23) " License" means, to the extent permitted by law, written permission required of any telecommunications carrier or Utility or Facility which currently occupies or desires in the future to occupy any rights- of-way with any telecommunications or Utility or facilities for the purpose of providing or Utilities or Facilities, including power, telecommunications, cable and wireless services, exclusively to persons or areas outside

the county. No License granted thereunder shall confer any exclusive right, privilege or License to occupy or use the rights-of-way for delivery or provision of Utilities or Facilities of any purpose, including power, telecommunications, cable and wireless services.

24) " Manhole" means an opening in an underground utility or facilities system into which workers or others may enter for the purpose of cleaning, testing, making installations, inspections, repairs and connections.

25) " MUTCD" refers to the current edition of the Manual on Uniform Traffic Control Devices, as adopted by the State Department of Transportation and published by the United States Department ofTransportation, Federal Highway Administration.

26) " Overhead facilities" means Utility or Facilities, including power, telecommunications, cable and wireless facilities located above the surface ofthe ground, including the underground supports and foundations for such facilities.

27) " Pavement" means the combination of subbase, base course and surfacing placed on a subgrade to support the traffic load and distribute it to the subgrade.

28) " Permit" means a document issued under the authority ofthe County Engineer or Director. The Permit provides specific requirements and conditions for specific Utility or Facilities work at specific locations within the rights- of-way.

29) " Permittee" means a Utility or Facilities owner ( or legal representative duly authorized to bind the owner thereof) who has a Utility or Facility within county rightsof-way or who has been granted certain rights and obligations as more fully described in this Chapter.

30) " Pipe" means a structural tubular product designed, tested and produced for the transmittance ofspecific liquids and gases under specific conditions.

31) " Plowing" means direct burial of Utilities or Facilities lines by means of a plow" type mechanism, including but not limited to wheel trenching, which breaks the ground, places the Utility or Facilities line at a predetermined depth, and closes the break in the ground.

32) " Pressure" means internal gauge pressure in a pipe in pounds per square inch, gauge ( psig).

33) " Private lines" means privately owned, operated and maintained Utility or Facilities devoted exclusively to the use of the owner.

34) " Relocation" means the changing of location of an existing Utility or Facility or appurtenance to another location without changing the character or general physical nature ofthe Utility or Facilities or appurtenance.

35) " Replacement" means installation of a like element of a Utilities or Facilities system or subsystem in the same or near- same physical location to function in place of an existing element normally due to damage, wear or obsolescence of the element.

36) " Restoration" means all Work necessary to replace, repair or otherwise reestablish the rights- of-way and all features contained within it to the same or equal condition as it existed prior to any change or construction therein.

37) " Rights- of-way" includes the surface of and space above and below any real property in the county in which the county has any interest whether in fee or otherwise, or interest as a trustee for the public, as they now or hereafter exist, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks,

tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control ofthe county.

38) " Road" or " roadway" means a general term denoting a street, road or other public way, including shoulders, designated for the purpose ofvehicular traffic.

39) " Road standards" means the most current version of the Cowlitz County Road and Street Design Standards, on file with the Dept. of Public Works, Kelso, WA, and as referenced in Ch. 16. 15 CCC.

40) " Service connection" means a single connection made to a Utility or Facilities for the purpose of providing Utility or Facilities or telecommunication services.

41) " Service repair" means a repair made to a service connection.

42) " Significant Tree" means a healthy tree ( i.e., a tree that does not have a high probability of falling due to a debilitating disease or a structural defect) twenty-four inches in diameter at breast height( four and one- half feet above grade) located within the county rights-of-way or overhanging the rights-of-way.

43) " Sleeve" means a short casing through a pier, wall or abutment of a highway structure.

44) " Standard specifications" means the Washington State Department of Transportation " Standard Specifications for Road, Bridge, and Municipal Construction," current edition.

45) " Telecommunications facilities" or " telecommunications" means the plant, equipment and property within the county used to transmit, receive, distribute, provide or offer telecommunications service.

46) " Telecommunications service" or " telecommunications" means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of voice, data, image, graphic or video programming information or service( s) between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit ofany closed transmission medium.

47) " Traffic control' means those activities necessary to safeguard the general public, as well as all workers, during the construction and maintenance of Utility or Facilities within the rights-of-way.

48) " Trenched" means installation of a Utilities or Facilities in an open excavation.

49) " Underground facilities" means Utilities or Facilities, including telecommunications facilities located under the surface of the ground and associated above ground appurtenances including but not limited to communication pedestals, and pad mounted electrical transformers, alone or in combination, direct buried or in Utility or Facilities tunnels or conduits, excluding the underground foundations or supports for overhead facilities.

50) " Untrenched" means installation of a Utilities or Facilities without breaking the ground or pavement surface such as by jacking or boring.

51) " Utility" or " Utility facility" means privately, publicly or cooperatively owned worksite, equipment and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, electrical power sources, control boxes, worksite and equipment located under, on or above the surface ofthe ground within rights-of-way and used or to be used for the purpose of providing Utilities or Facilities, including power, telecommunications, cable and wireless services.

52) " Vent" means an appurtenance to discharge gaseous substances from casings or other enclosures.

53) " Work" means the provision of all labor, materials, tools, equipment, and everything needed to successfully complete a project, including without limitation, grading, paving, leveling, altering, constructing, repairing, removing or excavating any pavement, sidewalk, crosswalk, curb, driveway, gutter, ditch, public sewer, water main, conduit, fuel tank, vault, or any other Facility or improvement located over, under, or upon any road, trail or other public place, or to place any Facility, building materials, earth, gravel, rock, garbage, debris, or any other material or thing tending to obstruct, damage, disturb, or interfere with the free use thereof or any improvement situate therein.

12. 21. 021 Administration and Enforcement

The Director, or his/ her duly authorized agent, is hereby authorized, and it shall be his/ her responsibility to administer and enforce all the provisions of this Chapter. Such responsibility shall include, but not be limited to, the issuance of Permits, Licenses and Franchises, establishment and collection of engineering inspection charges, keeping of necessary records and gathering of evidence for the assistance in apprehending and prosecuting violators. The Director shall have the authority to render interpretations of this Chapter and may adopt reasonable rules and administrative procedures to enforce the provisions of this Chapter. Such interpretations, rules, and administrative procedures shall be in conformity with the intent and purposes of this Chapter. The Director is authorized to amend and update, as necessary, such rules and administrative procedures.

12. 21. 022 Removal of Unauthorized Utilities or Facilities

1) Facilities are considered unauthorized and subject to removal under the following:

a) Upon expiration or termination of a License or Franchise unless otherwise provided by law;

b) Upon deactivation and/or abandonment of a facility within the rights-ofway;

c) The Utility or Facility, or portions of the Utility or the Facility were constructed, erected, installed or altered without prior issuance of or compliance with a required Permit;

d) The Utility or the Facility, or portions of the Utility or the Facility were constructed, erected, installed or altered at a location which was not permitted in a Permit and/ or Franchise or License;

e) To the extent permitted by law or regulation, or any such other reasonable circumstances affecting public health, safety and welfare as deemed necessary by the Director.

2) In its discretion, the Director at any time may require any Person who owns, controls or maintains any unauthorized Facilities within the rights- of-way to:

a) Apply for all required Permits, and/or Franchise or License, within thirty 30) days ofreceipt ofemail or written notice from the County to such Person; or

b) Require such Person to remove all ofthe Utility or the Facility, or portions of the Utility or the Facility and restore the affected area within ninety ( 90) days to a condition satisfactory to the County. Should such Person fail to remove the Facilities and restore the affected area within the time frame given by the Director, the Director may

direct County personnel to effect removal the Utility or the Facility, or portions of the Utility or the Facility and restore the affected area to a condition satisfactory to the County, and all costs related to this removal and restoration Work shall become the responsibility ofthe responsible owner, Permittee, Licensee or Franchisee; or c) Take any other action authorized by applicable law or regulation.

12. 21. 023 Variance Request.

1) Regulations set forth herein cannot address all situations and conditions that may be encountered and specific provisions contained in this Chapter may not be appropriate for all locations and existing conditions, therefore an applicant, Permittee, Licensee, or Franchisee may submit a variance request pursuant to ` Deviations' request process under the Cowlitz County Road and Street Design Standards. Decisions on variance requests may be appealed according to the process in Section 12. 30.090 CCC.

12. 21. 024 Police Powers.

An owner' s, Permittee' s, Licensee' s and Franchisee' s rights hereunder are subject to the police powers of the County, which include the power to adopt and enforce local law and regulation, including amendments to this Chapter, adopted as necessary to protect the safety, health, and welfare of the public. The owner, Permittee, Licensee, and Franchisee shall comply with all local law or regulation enacted, or hereafter enacted, by the County. The County reserves the right to exercise its police powers, notwithstanding anything in this Chapter, or in any Permit, License or Franchise to the contrary. Any conflict between provisions of this Chapter, Permit, License, or Franchise, and any other present or future lawful exercise ofthe County's police powers shall be resolved in favor ofthe latter.

12. 21. 025 Permit required.

1) All owners or contractors, subcontractors, agents and assigns of owners, and Permittees, Licensees, and Franchisees, conducting Work within the rights-of-way shall obtain a Permit as provided for in this Chapter, unless otherwise exempt.

2) No such Permittee shall perform Work in an area larger, at a location different, of a type or scope different, or for a longer period of time than that specified in the Permit or Permit application, without the additional authorization described herein. If, after Work is commenced under an approved Permit, a Permittee seeks to perform Work at a location different, of a type or scope different, or for a longer period of time than specified, the Permittee shall notify the Director immediately of its intent and, within twenty-four( 24) hours, and shall file a supplementary application for the additional Work as required by the Director. Upon order ofthe Director, all Work which does not comply with the original Permit, the accepted plans or specifications for the Work or the requirements of this Chapter shall be immediately removed or relocated by as Unauthorized Facilities, hereunder.

3) The Permittee may subcontract the Work to be performed under a Permit, provided that the Permittee shall be and remain responsible for the performance of the Work under all terms and conditions of the Permit, including indemnification, insurance and financial security, as required.

4) In the County, the construction of infrastructure, and Utilities and Facilities in new developments is the responsibility of the developer of the land. Ownership of that

infrastructure, and Utilities and Facilities remains with the developer of the land until and unless express acceptance by the County. Any developer of land where Work is undertaken on infrastructure, or Utilities and Facilities that are within the rights- of-way, but prior to such acceptance by the County, shall obtain a Permit from the County. The County will not accept infrastructure improvements, or Utilities or Facilities where Work performed is not in accordance with applicable County standards, specifications and provisions pursuant to this Code.

5) Any owners or contractors, subcontractors, agents and assigns of owners, and Permittees, Licensees, and Franchisees found to be conducting any Work within the rights- of-way without having first obtained the required Permit( s) shall immediately cease all Work ( exclusive of actions required to stabilize or preserve the rights- of-way) and be required to obtain a Permit before Work may be resumed. Failure to immediately cease all Work shall subject the party or parties conducting Work to civil action or penalization, or criminal enforcements, or both under CCC 12. 21. 010( 4) and CCC 12. 21. 370.

6) No Permit shall be assignable and no owner, Permittee, Licensee, and Franchisee shall allow their name to be used to obtain a Permit or Permits for any other person, provided, however that a contractor may obtain a Permit on behalf of an owner, Permittee, Licensee or Franchisee, in which case both the contractor' s and the party's name shall appear on the application, and both shall be obligated to comply with all Permit terms and conditions.

7) All applications for such Permit shall be signed by the eligible owner, Permittee, Licensee, and Franchisee, or their duly authorized agent, who desires to do the Work designated in said application. Said Permit will become void one hundred eighty ( 180) days after the date of issue, unless otherwise provided in the Permit or unless extended, suspended or revoked by the County.

12. 21. 030 Applications.

Applications for annual and individual Utility or Facility Permits to construct, maintain, repair, relocate or remove the Utility or the Facility, or portions of the Utility or the Facility within the rights-of-way shall be submitted upon forms provided by the county. In addition to demonstrating compliance with Title 12. CCC, applications may need to be supplemented by construction reviews and approvals under Title 16 CCC, development reviews and approvals under Title 18 CCC, and environmental reviews and approvals under Title 19 CCC, and other Franchise, Permits or License, as applicable. The applicant shall pay all associated fees and shall include any additional information as requested by the Engineer. The application shall be accompanied by a description of the Utility or Facility to be constructed, drawings, plans and specifications in sufficient detail to demonstrate:

1) That Utilities or Facilities will be constructed in the rights- of-way in accordance with all applicable codes, rules, regulations, and such special conditions as the county may deem appropriate;

2) The location and route of all Utilities or Facilities to be installed on existing Utility or Facilities poles in the rights- of-way;

3) The location and route of all Utilities or Facilities in the rights-of-way to be located under the surface ofthe ground, including line and grade proposed for the burial;

4) To the extent such information is made accessible to the applicant, the location of all existing underground Utilities and Facilities, including conduits, ducts, pipes, mains and other installations which are within the rights- of-way along the route proposed by the applicant as located through the one- call system ( Ch. 19. 122 RCW);

5) The construction methods to be employed for protection of existing structures, fixtures, and Utilities and Facilities within or adjacent to the rights- of-way;

6) The location and dimension of all Significant Trees that would be impacted by the project (e.g., tree removal, topping, locating above ground and underground Utilities and Facilities within the drip line) and a detailed description of the proposed impacts on such trees;

7) The location of all monuments within or adjacent to the proposed route that will be removed or destroyed. (Note: Permits may be required by Chapter 332- 120 WAC.)

12. 21. 040 Utility and Facility Permit Types.

1) All Utility and Facility owners conducting Work within county rights- of-way shall obtain a Utility or Facilities Permit as follows, unless otherwise exempted hereunder.

a) Type-A Activities: Type-A activities include installing less than five new Utility or Facilities poles or replacing any Utility or Facility poles, installing short side Utility or Facilities services more than two feet off the edge ofpavement, individual short side service connections with less than two hundred feet of underground installation, and removing two or fewer panels of Portland cement concrete sidewalk; or installing replacement parts to ( but not replacing) existing, permitted Facilities. Utility and Facilities owners conducting Type-A activities within county rights-of- way shall obtain an annual Utility or Facility or repair Permit. Upon obtaining an annual Utility or Facility Permit, all Utility and Facility owners shall provide proper notification before starting any Type-A activities and must provide written certification within ten calendar days that the Work was done in conformance with this Chapter. The county may do random inspections ofWork conducted under an annual Utility or Facility, Permit or Franchise.

b) Type-B Activities: Type-B activities have a greater impact on the rights-ofway than Type-A activities. Type-B activities include individual service connections with more than two hundred feet ofunderground installation, all roadway crossings, installing underground vaults, constructing splice pits, attaching to any bridge structure, installing main lines, and all other Utility or Facility activities within county rights-of-way. Utility and Facility owners conducting Type-B activities within county rights-of-way shall obtain an individual Utility or Facility Permit for each Type-B activity.

2) Exempted Activities: Utility and Facility owners conducting the following exempted activities within county rights- of-way shall not be required to obtain an Utility or Facility Permit; however, Utility or Facility owners shall comply with all other provisions of this Chapter: stringing cables on Utility or Facility poles and associated maintenance thereof, accessing and maintenance of existing manholes, handholes, pedestals, closures and vaults, and replacing above-ground meters, transformers, closures, and pedestals, and performing emergency Work.

12. 21. 050 Revocation of Permit and Suspension of Issuance.

1) Upon written notice by the Engineer, by email or postal delivery, may suspend or revoke a Utility or Facility owner' s annual Utility or Facility Permit required by this Chapter whenever the Permit is issued in error or on the basis of incorrect information, or in violation of any ordinance or regulation or any provision of this Chapter, or when Work is being performed in conformance with or failed to be performed in conformance with the terms of the Permit. The revocation shall remain in effect until such time as the Utility or Facility owner addresses the issues of noncompliance and corrective measures to the Engineer. The Engineer may reissue the annual Utility or Facility Permit if corrective steps have been taken to ensure future compliance. If an owner' s Utility or Facility annual Utility or Facility Permit is revoked and prior to reinstatement, the Utility or Facility owner shall obtain an individual Utility or Facility Permit for each Type-A activity conducted within county rights- of-way.

2) Upon written notice by the Engineer, the Engineer may suspend issuance of Permits to any Utility or Facility owner at any time for failure of that Utility or Facility owner to tender Permit compensation within one hundred and twenty ( 120) days of billing or to provide security, pursuant to Sections 12. 21. 070 & -. 080 CCC, respectively. Such suspension shall continue until the account is brought current or until proper security is tendered by the Utility or Facility owner.

12. 21. 060 Franchise.

1) To the extent permitted by law, a Franchise for Utilities and Facilities shall be required of any Utility or Facility owner who currently occupies or desires in the future to occupy rights-of-way and to provide Utility or Facility services to any person or area in the county.

a) Franchises will not be required for the construction and maintenance ofprivate Utilities or Facilities serving one ( 1) single-family residence where such facilities will cross the rights- of-way perpendicular to the rights- of-way line, plus or minus ten ( 10) degrees. Persons who fall under this Franchise exemption shall enter into an indemnification agreement before a Utility or Facility Permit will be issued.

b) Franchises will not be required for any Work on county rights-of-way that is performed by or on behalf of the county or by any entity under contract with the county to perform such Work.

2) No Franchise granted hereunder for Utilities or Facilities shall confer any exclusive right, privilege or Franchise to occupy or use the rights-of-way for delivery of Utility or Facility services or any other purposes.

3) Except as otherwise provided in this Chapter, this section shall have no effect on any existing Franchise or agreement until:

a) The expiration of such Franchise or agreement; or

b) An amendment to an unexpired Franchise/ agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date; or c) Any transaction which results in transfer of ownership or working control of the Franchisee.

4) Notwithstanding the foregoing, the requirements of this Chapter shall apply to any owner or Utility or Facility owner who currently has Utilities or Facilities within County rights-of-way without a License, Franchise or other agreement with the county to

occupy its rights- of-way. Any such Utilities or Facilities owner shall apply for a Franchise as provided by this section within one hundred twenty ( 120) days of the effective date of this Chapter.

5) If a Utilities or Faculties owner is required to obtain and has obtained a License, Franchise or cable franchise under the County' s cable or telecommunications ore wireless codes, then the provisions on licensing or franchising under this section shall not apply. If a Utilities or Facilities owner has not obtained a License, Franchise or cable franchise, or is under an expired License, Franchise or cable franchise under the other County codes, the terms and conditions of this section and the Chapter shall apply until the same is obtained or renewed, as in the interests ofpublic health, safety and welfare.

12. 21. 070 Administrative Compensation.

The applicant shall be required to compensate the county for the County' s actual attributable costs and expenses to Permit, License or Franchise issuance, and for on-going administration and monitoring of the same. The compensation shall be paid to the County no later than the tenth day of the month following issuance of a billing statement by the county for the preceding month( s) activity.

12. 21. 080 Financial Security.

1) Before any construction Work is started, financial security in the form of a bond, irrevocable letter of credit or irrevocable assignment of interest in a bank account in an amount determined by the Engineer may be required to insure completion of construction, including but not limited to the restoration of surfacing, slopes, slope treatment, top soil, landscape treatment, drainage facilities and cleanup of the rights-ofway for a period ending not more than one year after date of completion. If a surety bond is used as financial security, it shall be written by a surety company authorized to do business in the state of Washington.

2) A blanket financial security may be maintained covering multiple Permits in lieu ofindividual financial security at the Engineer's discretion.

3) Financial security will not be required of the United States government or any of its agencies or of any municipal corporation or department ofthe state ofWashington and its local subdivisions.

4) The financial security shall guarantee, to the satisfaction ofthe county:

a) Timely completion of construction;

b) Construction in compliance with applicable plans, Permits, technical codes and standards;

c) Proper location ofthe Utility or Facilities as specified by the county; and

d) Restoration of the rights-of-way and other property affected by the construction.

12. 21. 090 Location.

1) Utility and Facility installations shall be located to minimize need for later adjustment to accommodate future roadway improvements and to Permit access to servicing such installations with minimum interference to roadway traffic. The county shall make available to Permittees a copy of its six-year transportation improvement program ( or capital facilities and transportation plan where required), in order to

minimize both Utility or Facility, and Utilities' or Facilities' customers and road user inconvenience should future road improvements ( on existing or new alignment) require adjustment or relocating of the Utility or Facility. Utility and Facility installations shall also be located to minimize impacts to critical areas, as defined in Title 19 CCC.

2) The Utility or the Facility owner shall be responsible to consider a minimum clear zone distance in all new construction, reconstruction or Relocation of all overhead Utilities and Facilities and their appurtenances and underground Utilities and Facilities. Clear zone shall be defined as the roadside area at the edge of the traveled lane that is available for safe use by errant vehicles. The available clear zone is the distance, measured in feet, normal to the roadway beginning at the edge of the traveled lane to the closest part of any fixed object or non- traversable obstacles as defined in the WSDOT Design Manual ( M 22- 01) and the 2018 AASHTO " A Policy on Geometric Design of Highways and Streets" ( Green Book).

3) Survey control monuments including existing monuments disturbed, destroyed or removed during construction, shall be placed or replaced by a registered surveyor, at the expense ofthe Permittee, in accordance with recognized good practice ofland surveying, and in conformance with all applicable state law and state and local regulations.

12. 21. 100 Design.

1) The Permittee, Utility or Facility owner shall be responsible for the design ofthe Utility or Facility being proposed. This responsibility shall include, in addition to the integrity ofthe proposed Utility or Facility, provisions for public safety during the course of construction and consideration of traffic safety and accident potential for the life of the installation.

2) For Work requiring application to the county, the county may review and approve the Permittee's plans with respect to:

a) Location;

b) The manner in which the Utility or Facility is to be installed;

c) Measures to be taken to preserve safe and free flow of traffic, including a traffic control plan;

d) Structural integrity ofthe roadway, bridge or other structure;

e) Ease of future road maintenance; and

f) Appearance ofthe roadway.

3) Permittee, Utility or Facility owner shall notify the Engineer ofknown or planned expansion of the Utility or Facility within the rights-of-way, particularly those located underground or attached to bridges or other structures within the rights- of-way.

4) The county's granting of a Franchise or Permit or License shall not imply or be construed to mean the county shall be responsible for the design, construction or operation of the Utility or Facility or for public safety during the Utilitiy or Facility installation, operation or maintenance.

12. 21. 130 Interference with Rights- of-Way.

1) No Utility or Facility may be located or maintained so as to unreasonably interfere with the use or related use of the travel portions of rights-of-way by the county, by the general public or other persons authorized to use or be present in or upon the rights- of-way.

2) A Utility or a Facility owner in the rights- of-way shall, on the request of any parry holding a valid Permit, License or Franchise issued by a governmental authority, temporarily raise or lower or relocate its wires to Permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering or relocating of wires shall be paid by the party requesting the same. A Utility or a Facility owner shall be given not less than thirty ( 30) days advance notice, and such additional days as are reasonably required, to arrange for such temporary wire changes.

a) If such request comes from the County and is associated with a County rightsof-way related project or need, the expense shall be paid by the Utility or Facility owner, and by any other governmental entity subject to County' s authority over its rights-ofway.

12. 21. 140 Relocation or Removal of Utility or Facilities.

1) All Public Projects within Rights-of-Way.

a) If Relocation, removal and/ or alteration of Utilities or Facilities is required as a result of a public project associated with the County, the Utility or Facility owner, at its own expense, shall locate all existing active, deactivated and abandoned Utilities or Facilities including all service connection lines, laterals, etc., that are connected to its Utilities or Facilities within the rights- of-way regardless of any agreement the Utility or Facility owner has with its customers or clients, and shall design, remove, relocate and/or alter its Utilities or Facilities existing within the rights- of-way whenever the County directs that such removal, Relocation and/ or alteration is necessary.

b) The Utility or Facility owner shall be responsible, at its own expense, for either coordination and/or incorporation into the public project's environmental process or completing, on their own, any needed environmental permits or approvals for any installation, Relocation, removal and/or alteration associated with public projects.

c) In no event shall design, installation, Relocation, removal and/ or alteration of owner's Utilities or Facilities interfere with a public project and the Utility Facility owner shall be responsible for all costs associated with completing their Work within the times authorized in the project Permit including without limitation, any claims for time delay damages from the public project contractor. Further, the Utility or Facility owner shall be responsible for designing and finally constructing the new location of its Utilities or Facilities so as not to be in conflict with the public project.

d) For both the public project's design and construction purposes, the Utility or Facility owner shall locate all existing active, deactivated and abandoned Utilities or Facilities at its expense. This shall include potholing and associated patching of its Utilities or Facilities to verify existing locations and depths to the County's satisfaction. These locations shall include all service connection lines, laterals, etc., that are connected to its Utilities or Facilities within the rights-of-way regardless of any agreement the Utility or Facility owner has with its customers or clients.

e) Upon the Utility or Facility owner's failure to accomplish such Work, the County or other governmental agencies may perform or cause the performance of such Work at the Utility or Facility owner's expense, to be reimbursed within thirty (30) days after receipt of a County' s written invoice, and the County make take further compliance actions in accordance with this Title and CCC 1. 01. 090, and other applicable laws. Following Relocation, removal and/ or alteration, all affected property shall be restored to,

at a minimum, the condition which existed prior to construction and to the county' s satisfaction, by the owner at their expense. Notwithstanding the requirements of this section, a Utility or Facility owner may request additional time to complete a Relocation project. The Director may grant a reasonable extension if, in their discretion, the extension will not adversely affect the public project.

f) In the event of an Emergency, or, where any Utility or Facility in the rightsof-way creates or is contributing to an imminent danger to health, safety, or property, the governmental agency may protect, support, temporarily disconnect, remove, or relocate any or all parts of the such Utility or Facility without prior notice, and charge the Utility or Facility owner for costs incurred.

2) County Public Projects Within its Rights- of-Way.

In addition to the requirements of Section 12. 21. 140( 1) above:

a) The County will provide the Utility or Facility owner, within a minimum of ninety ( 90) days prior to the commencement of the County's public project, written notice by email or postal deliver, requesting the Relocation, removal and/ or alteration of the owner' s Utilities or Facilities located within the rights-of-way, including proposed installation the Utility or Facility owner may have planned within the limits of the public project, and provide the Utility or Facility owner with reasonable plans and specifications for such public project. Unless otherwise provided by County code or other applicable law, the Utility or Facility owner shall thereupon, at no cost to the County, install, relocate, remove and/ or alter owner' s Utility or Facility in advance of the public project' s construction start date and within the approved working days authorized on the Utility or Facility owner' s rights- of-way Permit. This completion time also includes removing replaced, deactivated or abandoned Utilities or Facilities from the rights-of-way, complete cleanup of the Work site, removal of all poles, and temporary or permanent pavement restoration as established in the Permit.

b) The Utility or Facility owner may, within thirty (30) days after receipt of written notice requesting installation, Relocation, removal, and/ or alteration of its Utilities or Facilities, submit to the County a request to perform this Work concurrently with said public project. The Utility or Facility owner shall submit a written schedule for the completion of the design, installation, removal, Relocation and alteration to the County along with its written request for concurrent installation, removal, Relocation and alteration of its Utilities or Facilities.

i) The County will evaluate the Utility or Facility owner's request and may grant the Utility or Facility owner's request for a concurrent installation, removal, Relocation and alteration of its Utilities or Facilities at the County's sole discretion. If granted, the County will include a " Utility or Facility window" in the public project, based upon the accepted written schedule submitted by the Utility or Facility owner, that will give priority to the Utility or Facility owner' s Work. This " Utility or Facility window" may be after some appropriate County contract Work has been completed, such as clearing and grubbing.

ii) The Utility or Facility owner shall complete the installation, Relocation, removal and alterations, including restorations, within the stated working days set out in the schedule submitted by the Utility or Facility owner and included in the County contract under a ` Utility or Facility window', and conditions required within the Permit. The Utility or Facility owner shall be responsible to complete all of their Work within the

submitted written schedule, and shall be responsible for all costs of coordination with the County' s contractor including, without limitation, re- mobilization, delays, and/ or disruptions.

iii) In the event the County determines not to have the installation, Relocation, removal, and/ or alteration performed concurrently with the public project, the Utility or Facility owner shall install, relocate, remove, and/ or alter its Utilities or Facilities prior to the public project as directed by the County. The Utility or Facility owner shall be responsible to complete all of their Work prior to the public project, and shall be responsible for all costs of impacts to the County and the County' s contractor if Work is not complete before the beginning of the public project, including, without limitation, re- mobilization, delays, and/ or disruptions.

12. 21. 145 Provider or Owner Initiated Deactivation, Abandonment and Removal.

1) Notification ofDeactivated and Abandoned Utilities or Facilities. Any Utility or Facility owner that intends to permanently discontinue use of any Utilities or Facilities within the rights-of-way by deactivation or abandonment shall notify the Director in writing of the intent to discontinue use. Such notice shall describe the Utilities or Facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than thirty ( 30) days from the date such notice is submitted to the Director. When a County department or office is discontinuing use of any Utilities or Facilities, notification to the Department of Public Works of plans that include information on deactivated or abandoned Utilities or Facilities shall constitute notice to the Director under this section. Upon notification, the Director at their sole discretion will identify which of the following options are available to the provider or Utility or Facility owner, with the Director defaulting to Section ( a) below if the Director does not identify another option to use:

a) Deactivate or abandon the Utility or Facility in place and the Utility or Facility remains the property ofthe provider or owner. The Utility or Facility owner shall retain all duties and obligations as the legally responsible party for the Utilities or Facilities, or other liabilities associated therewith. At the discretion of the Director, the Utility or Facility owner may be required to fill abandoned underground Utilities or Facilities with material as approved by the Director. With respect to any Utilities or Facilities that are deactivated or abandoned, the Utility or Facilities owner shall continue to be responsible for maintaining records related to the nature of the Utilities or Facilities, and locating utilities or Facilities as if the Utilities or the Facilities had not been deactivated or abandoned. Such deactivated or abandoned Utilities or Facilities may be required to be removed at the Utilities or Facilities owner's expense, and at the County's discretion and at such time it determines necessary.

b) Utilities or Facilities shall be removed, and the Utility or Facility owner shall be liable for removing its deactivated or abandoned Utilities or Facilities at its own cost. This obligation to remove Utilities or Facilities applies as well upon termination or revocation of any Permit, Franchise or License, unless alternative arrangements have been agreed to in writing. The Utility or Facility owner are obligated to restore affected property to the same or better condition as existed just prior to such removal, subject to any rights to deactivate or abandon Utilities or Facilities in place, as set forth in this section. Restoration will be done in accordance with the County's specifications and

restoration of rights- of-way hereunder. If a Utility or Facility owner fails to remove Utilities or Facilities that the County requires it to remove, the County may perform or cause the Work to be performed and collect costs from the provider or owner.

c) Deactivate or abandon the Facility in place and the Utility or Facility owner shall further convey full title and ownership of such Utilities or Facilities to the County. The Utility or Facility owner is responsible for all obligations ofthe Utilities or Facilities, or other liabilities associated therewith, until the conveyance to the County is completed. At the discretion of the Director, the Utility or Facility owner may be required to fill abandoned underground Utilities or Facilities with material as approved by the Director.

d) A Utility or Facility owner shall file a written removal plan with the County not later than thirty ( 30) calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the Work that will be performed, the manner in which it will be performed, and a schedule for removal by location. The removal plan shall be subject to approval and regulation by the County. The affected property shall be restored to as good or better condition than existed immediately prior to removal, subject to approval ofthe County.

e) The Director shall use reasonable discretion to determine a time period to remove Utilities or Facilities based upon the size of the utilities or Facilities and scope of deployment throughout the County, and whether such Utilities or Facilities are above ground or underground. In no case shall a Utility or Facility owner with utilities or Facilities deployed county- wide be provided less than twelve ( 12) months to remove its Utilities or Facilities, measured from the date the provider or owner is ordered to remove its utilities or Facilities.

12. 21. 150 Coordination of Construction Activities.

All Permittees are required to cooperate with County and each other as follows:

1) By January Ist of each year, each Permittee shall provide the Engineer with a schedule of its known proposed construction activities which may affect the rights-ofway for that year.

2) Each Permittee shall meet with the County, other Utility or Facility owners and users of the rights-of-way annually or as determined by the county to schedule and coordinate construction.

3) All construction locations, activities and schedules shall be coordinated, as ordered by the Engineer, to minimize public inconvenience, disruption or damages, including without limitation, joint trenching, boring and shared conduit banks or galleries.

4) To ensure coordination of construction activities, the Engineer may require the Permittee to field verify the location of their Utility or Facilities within the county rightsof-way for both depth and alignment within two weeks ofnotice by the Engineer.

12. 21. 160 Engineer' s Certification.

Unless otherwise provided in an approved License, Franchise, or cable franchise, the Engineer may require Utility or Facilities permit applications, plans, reports, basin maps and calculations to be accompanied by a written certification, sealed and dated, by a registered professional Engineer in the state of Washington that the drawings, plans and

specifications submitted with the application comply with applicable technical codes, rules and regulations. If required, the written certification shall read:

The design improvements shown in this set of plans, reports, basin map, and calculations conform to the most current editions of the Cowlitz County road standards, stormwater management ordinances, Utility or Facilities installations within road rights- of-way ordinance, telecommunications ordinances, and cable ordinances. All design variances have been approved by the Cowlitz County Engineer. I approve these plans for construction.

12. 21. 170 Construction Schedule and Notice of Work.

Unless otherwise provided in a License, Franchise or cable franchise, no Permittee, or any person acting on the Permittee's behalf, shall commence any Relocation or removal Work or any other nonemergency Work involving undergrounding, excavation or obstructing in or about the rights-of-way, except service repairs and individual service connections, without seven working days advance notice to the Engineer. The Permittee shall also provide abutting private property owners or occupants seven working days advance notice of the specific location of Work, the time Work is scheduled to commence, and contact name and telephone number of Permittee. The Permittee is responsible to provide access to affected properties, to coordinate impacts to the affected properties and to restore impacted properties in accordance with Restoration stated hereunder. Emergency vehicles shall be provided access at all times.

12. 21. 180 Compliance with Utility or Facilities Permit.

All construction practices and activities shall be in accordance with the Utility or Facilities Permit and approved final plans and specifications for the Utility or Facilities. The Engineer shall be provided access to the Work and such further information as he or she may require to ensure compliance with such requirements.

12. 21. 190 Display of Utility or Facilities Permit.

The Permittee shall maintain a copy of the Utility or Facilities Permit and approved plans at the construction site, which shall be displayed and made available for inspection by the Engineer at all times when construction Work is occurring.

12.21.200 Noncomplying Work.

Upon order of the Engineer, all Work which does not comply with the Utility or Facilities Permit, the approved plans or specifications for the Work or the requirements of this Chapter shall be removed or relocated at the expense of the Permittee.

12. 21. 210 Completion of Construction.

The Permittee shall promptly complete all construction activities so as to minimize disruption of the rights- of-way and other public and private property. All construction Work authorized by a Utility or Facilities Permit within rights- of-way, including restoration, must be completed within ninety ( 90) days of the date of issuance or at such other interval as the county may specify in writing upon issuance of the Permit. The Engineer may extend the ninety-day time period for good cause.

12. 21. 220 As- Built Drawings.

If an Engineer' s certification is required under Section 12. 21. 160, then in addition to the requirements of Section 12. 21. 320, within thirty ( 30) days after completion of construction, the Permittee shall furnish the Engineer with two complete sets of plans, drawn to scale and certified to the county as accurately depicting the location of all Utility or Facilities constructed pursuant to the Utility or Facilities Permit, except individual service connections and service repairs.

12. 21. 230 Underground Utilities and Facilities.

1) Location and Alignment.

a) For all crossings, the angle of crossing should be as near a right angle to the road centerline as practicable. However, lesser angles may be permitted based upon economic considerations ofpractical alternatives.

b) Where practicable, crossings should avoid cuts, footings of bridges and retaining walls, or locations where roadway drainage would be affected.

c) Longitudinal installations should run parallel to the roadway and lie as near as practicable to the rights-of-way line. Installations which cannot be so-installed will be allowed within the rights- of-way, provided that the installation will not adversely affect the design, construction, stability, structural integrity, traffic safety or operation of the road facility.

d) Where irregularly shaped portions of the rights-of-way extend beyond the normal rights- of-way limits, a uniform alignment of Utility or Facilities shall be allowed.

e) Where existing Utilities or Facilities are in place, new Utilities or Facilities shall be compatible with the existing installations and conform to this Chapter as nearly as practicable.

f)Except upon an adequate showing ofanother route is economically prohibitive, any water or sewer line other than a main line shall not be allowed parallel to a county road within the county rights-of-way.

2) Cover. The grade of and resulting cover for an underground Utilities or Facilities shall be a minimum of thirty vertical inches below the finished surface or the bottom of the ditch for all installations within county rights- of-way, or in compliance with applicable federal, state and industry requirements if greater; provided, however, where less than the minimum cover is made necessary to avoid obstacles, the Utilities or Facilities shall either be rerouted or protected with a casing, concrete slab or other method acceptable to the county.

3) Encasement.

a) Casings shall be installed for roadway crossings where required by appropriate industry code.

b) Casings may be required for the following conditions:

i) As an expediency in the insertion, removal, replacement or maintenance of a carrier line crossing or other locations where it is necessary in order to avoid open trench construction;

ii) As protection for carrier lines from external loads or shock either during or after construction of a road;

iii) For jacked or bored installations of coated carrier lines unless assurance is provided to the county that there will be no damage to the protective coating.

c) Within the rights- of-way, where practicable, casing pipes shall extend beyond the toe offill slopes, back ofroadway ditch, or outside of curb.

d) Other than for necessary carriers, vents and/or drains, casing pipes shall be sealed at both ends.

e) Casing pipes shall be designed to support the load of the road and superimposed loads thereon and, as a minimum, shall equal the structural requirements for road drainage facilities. Casings shall be composed of materials of sufficient durability to withstand conditions to which they may normally be exposed.

f)Uncased Carriers:

i) The carrier pipe shall conform to the material and design requirements of the appropriate Utilities or Facilities industry and governmental codes and specifications.

ii) The carrier pipe shall be designed to support the load of the road, plus superimposed loads thereon, when the pipe is operated under all ranges of pressure from maximum internal to zero pressure.

4) Appurtenances.

a) Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where required by federal safety standards. Vent standpipes should be located and constructed so as neither to interfere with maintenance ofthe road nor to be concealed by vegetation. Preferably standpipes should stand by a fence or on the rights- of-way line.

b) Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid, liquefied gas or heavy gas. Drains for carriers of hazardous materials shall be directed to natural or artificial holding areas to prevent the potential for surface or groundwater contamination. Drains for which only water or other nonhazardous liquids may discharge may be directed into the roadway ditch or natural water course at locations approved by the county. The drain outfall shall not be used as a wasteway for routine purging ofthe carrier unless specifically authorized by the county.

c) Location markers and emergency information should be used when required by applicable state and federal standards.

d) Manholes should be designed and located in a manner that will cause the least interference to other utilities or future road expansion. Where practicable, installations in the pavement or shoulders should be avoided.

5) Installation. Installations shall ensure safety of traffic and preservation of the roadway structure, and required construction shall, unless otherwise provided in the approved Permit, be in accordance with the following controls:

a) Untrenched construction shall be required for pipelines crossing roads paved with asphalt concrete or cement concrete and for roads paved with bituminous surface treatment unless otherwise directed by the Engineer.

i) If sufficient rights- of-way exist, the length of untrenched construction shall extend a minimum of four feet from edge ofpavement, except that a lesser standard may be permitted by the county Engineer when conditions warrant.

ii) Over breaks, unused holes or abandoned casings shall be backfilled as directed by the Engineer.

iii) Water boring under roadways shall not be permitted.

iv) Existing carriers and conduit installed under a roadway shall be physically located prior to pipeline installation.

b) Trenched Construction and Backfill.

i) Where the pavement must be removed, it shall first be cut in vertical ( or undercut) continuous straight lines.

ii) Trenches shall be cut to have vertical faces, where soil and depth conditions permit, with a maximum width of outside diameter of pipe plus two feet. Shoring shall comply with the Washington State Department of Labor and Industries Safety Code.

iii) The pipe or carrier shall be installed and the trench backfilled in a manner assuring no deformation of the pipe likely to cause leakage and restoration of the structural integrity of the roadway structure. Specific trench backfill requirements regarding materials and methods shall be provided by the county.

iv) When trenching is approved on paved roads, the pavement shall be restored as required by the county.

c) Plowing of communication and electrical lines on or adjacent to existing roads by means of a vibratory plow may be allowed by the county; provided, that the structural integrity ofthe roadway is not impaired.

6) One Call System. Utility installations shall be located and identified in accordance with Title 19 RCW ( Washington State One Call System), as enacted or in the future is amended from time to time.

12. 21. 240 Overhead Utilities and Facilities - Power and Communication Lines.

1) Single-pole construction and joint use ofthe pole is desirable and should be used whenever feasible.

2) The minimum vertical clearance for overhead power and communication lines above the ground and the minimum lateral and vertical clearance from bridges shall be in compliance with the National Electrical Safety Code and Washington State Department of Labor and Industries Electrical Construction Code.

3) Where irregularly shaped portions ofthe rights-of-way extend beyond the normal rights-of-way limits, a uniform alignment ofUtilities or Facilities may be allowed.

12. 21. 250 Fiber Optic systems.

1) Depth. All fiber optic systems shall be installed at a depth of not less than thirtysix ( 36) inches below the road surface or thirty-six ( 36) inches below any county ditch line if installed within a drainage area.

2) Location Marking. All fiber optic cable installers shall mark the installation ofthe system with marking tape or locating wire. When marking tape is placed, it shall be used at twelve- inch to eighteen- inch depth. Where nonmetallic fiber cable is used, a locator wire shall be used and must be at same depth as fiber optic cable.

12.

21. 260 Vegetation Management.

1) Utilities engaged in vegetation management on county rights-of-way shall initially submit an Integrated Vegetation Management ( IVM) Plan to the county for approval. This plan shall emphasize physical, mechanical, cultural and biological control methods to promote stable plant communities. The IVM plan shall include:

a) Goals and objectives of the vegetation management program;

b) Operational guidelines and standards for vegetation management activities. These guidelines as a minimum shall include the decisionmaking criteria, the application method, and the rates of application used when applying a herbicide;

c) A list of herbicides the Utility or Facility intends to use;

d) Specific areas in the county where the proposed herbicides will be used.

2) The county may limit or restrict the types, amounts, application methods, location and timing of pesticide applications if it has been determined that the proposed application will have a detrimental effect on ground and/ or surface water, other sensitive areas, and/or the public health. However, the limitations or restrictions will not be in conflict with state law governing Utility or Facility rights- of-way maintenance.

3) The utilities IVM plan shall be consistent with the Critical Areas, Shorelines and Stormwater Management Ordinances and any future groundwater or wellhead protection ordinances. After the county approves the initial IVM plan, revisions shall be submitted and approved annually.

4) Utilities engaged in tree trimming along county rights-of-way shall submit the conditions under which they will be trimming ( excluding topping) any significant tree, including the magnitude and nature of the trimming, by tree species. This information shall be submitted along with the IVM plan and will be reviewed and approved by the county concurrently.

12.

21.

270 Aesthetic and Scenic Considerations.

1) Significant trees shall not be impacted ( e.g., tree removal, topping, locating above ground and underground facilities within the drip line) without prior approval by the Engineer, except during emergency situations as described in Section 12. 21. 310.

2) It is preferable to retain all other healthy trees that do not pose a danger or hazard to the extent possible. For those trees proposed to remain, sound pruning practices shall be used that take into consideration safety first, arboriculturally correct methods and natural appearance.

3) All other landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, operation, repair, Relocation or replacement of Utility or Facility shall be replaced or restored to as near the original condition as reasonably possible.

12.21.280 Installations on Roadway Bridges and Structures.

Attachment ofUtility or a Facility to a roadway structure (including bridges) may be allowed as approved by the Engineer where such attachment conforms to sound engineering considerations for preserving the roadway structure and its safe operation, maintenance and appearance. The attachment shall be in accordance with the following:

1) Attachment of a Utility or a Facility shall not be considered unless the structure in question is of a design that is adequate to support the additional load and can accommodate the Utility or the Facility without compromise of roadway features, including reasonable ease ofmaintenance.

2) Manholes and other Utility or Facility access panels should be avoided within the roadway portion ofthe structure.

3) Attachment on a structure of a pipeline carrying a hazardous transmittant, not including natural gas, shall be avoided.

4) The Utility or the Facility attachment shall not reduce the clearance of a structure where such clearance is critical. Attachment to the outside of a structure should be avoided where there are reasonable alternatives.

5) Utility facility mountings shall be of a type which shall not create noise resulting from vibration.

6) The hole created in a structure abutment shall be sleeved, shall be of the minimum size necessary to accommodate the Utility or the Facility, and shall be sealed to prevent any leakage of water or backfill material.

7) The Utility or the Facility back of the abutment shall curve or angle out to align outside the roadbed area in as short a distance as is operationally practicable.

8) Communication and electrical power line attachments shall be suitably insulated, grounded and preferably carried in protective conduit or pipe from point of exit from the ground to reentry. Carrier pipe and casing pipe shall be properly isolated from electric power line attachments.

12. 21. 290 Damage to Property.

No Permittee or any person acting on a Permittee' s behalf shall take any action or Permit any action to be done which may impair or damage any rights- of-way, or other property located in, on or adjacent thereto except in accordance with Section 12.21. 320, Restoration of rights- of-way.

12. 21. 300 Damage to Utilities or Facilities.

To the extent permitted by Washington law, the County shall not be liable for any damage to or loss ofany Utilities or Facilities within the rights-of-way as a result of or in connection with any Work, or removal or Relocation, or public works, public improvements, construction, excavation, grading, filling or Work of any kind in the rights-of-way by or on behalf ofthe County or any entity under contract with the County, or by any other party, except for damage caused by the sole negligence ofthe County.

12. 21. 310 Repair and Emergency Work.

In the event of an unexpected repair or emergency (including but not limited to storm conditions or other conditions where public safety is of paramount consideration), a Permittee may commence such repair and emergency response Work as required under the circumstances; provided, the Permittee shall notify the Engineer immediately before such repair or emergency Work or as soon thereafter as possible if advance notice is not practicable. All emergency Work shall require immediate notification to the County and the party doing the Work shall apply for a Permit within three (3) working days of Work commencement.

12. 21. 320 Restoration of Rights- of-Way.

Restoration shall comply with the following:

1) When a Permittee, or any person acting on its behalf, does any Work in or affecting any rights- of-way, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to the condition required by

applicable county road standards. As used in this section, " promptly" means as required by the Engineer in the reasonable exercise ofthe Engineer's discretion.

2) If weather or other conditions do not allow for the complete restoration required hereunder, the Permittee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Permittee' s sole expense, and the Permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

3) A Permittee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such Work in or affecting such rights- of-way.

4) All restoration Work conducted under this section shall be subject to final inspection and approval by the Engineer.

12. 21. 330 Restoration of Improvements.

1) Upon completion of any construction Work, the Permittee shall promptly repair, but in no event longer than such time as may be established by the county during Permit review, any and all public and private property, improvements, landscaping, fixtures, structures and facilities which are damaged during the course of construction, restoring the same to as near the original condition before construction commenced.

2) All roadway crossings shall be done by means of boring or pushing ( untrenched installation). Opening of the roadway surface shall not be permitted unless it has been determined by the Engineer that boring or pushing cannot be done.

3) When a trenched crossing is approved, restoration shall be in accordance with one of the following guidelines:

a) Controlled density fill (CDF) shall be required as a backfill material; or

b) Select backfill, meeting the requirements ofthe standard specifications may be used. Backfill shall be compacted to at least ninety-five percent density and placed in a maximum of six-inch lifts. Ifthe capability can be demonstrated, based upon compaction equipment or quality ofbackfill to achieve ninty-five percent density in thicker lifts, then the depth ofbackfill lifts may be increased as demonstrated to a maximum ofone-foot.

c) Native material may be used as backfill material when standard acceptable tests allow, and when standard tests demonstrate the material meets the requirements set forth in the standard specifications. The requirements for compaction and placement in subsection B above also apply when native material is used.

4) After backfill and compaction of accepted method a, b, or c above, an immediate cold patch shall be placed and maintained in a manner acceptable to the Engineer. A permanent hot mix patch of 0. 17 feet minimum thickness or the existing asphalt thickness, whichever is the greater, shall be placed and sealed within thirty days, unless an extension is granted by the Engineer.

5) All Utilities or Facilities placed parallel to and within the pavement structure shall be required to overlay the full road with a minimum 0.20 feet of asphalt of asphalt concrete. Any exceptions to this overlay requirement will be on a case by case basis, subject to approval by the Engineer, and considering the existing conditions of the pavement. Cement concrete pavement shall be restored consistent with the standard

specifications. Any cement concrete pavement affected by any construction Work shall be repaired by replacement ofthe affected pavement panels.

6) When conditions are warranted, the Engineer may require all or a portion of the trench be backfilled with a combination of select backfill or CDF. Conditions that may warrant a combination use may be, but not limited to, the depth of trench required, the type ofmaterial that is being excavated and crossings on arterial and collector roadways.

7) When conditions are warranted, the Engineer may require financial security for a minimum of ten years in the form of a bond, irrevocable letter of credit or irrevocable assignment of interest in a bank account for all or a portion of restoration. Conditions that may warrant this may be, but not limited to, the placement of Utilities or Facilities in or near sensitive areas and areas of continuous settlement.

12. 21. 340 Traffic Control.

1) Any construction proposed within the traveled way shall provide a Traffic Control Plan. All traffic control and traffic control devices shall be as specified in the latest edition of the MUTCD. The Permittee shall implement the approved plan, when necessary, until the project is given final acceptance by the county. If conditions change, the Traffic Control Plan shall also reflect the changes.

2) During any construction, barriers and warning signs shall be erected, lighted and maintained as necessary or as directed by the county for the protection of the traveling public. The county may hire or use county forces to bring traffic control up to the safety standards set out in the MUTCD, Washington State Department of Transportation WSDOT) Design Manual and other applicable documents at the Permittee' s expense when the safety ofthe traveling public is at risk.

3) Road closures.

a) When road closures and detours cannot be avoided, the Permittee shall notify the county at least seven days prior to the road closure. Road closures requiring action by the board shall require a minimum of twenty-one days advance notice. The county requires a detour plan to be prepared, submitted and approved prior to closing any portion ofa county roadway.

b) The road closure plan, at a minimum, shall include a detour route with the location and type of signs to be used, as per the MUTCD. A written statement describing the detour route, length of detour and proposed dates and times of road closure shall also be submitted.

c) All road closures shall be consistent with CCC 12. 20 and RCW 47.48 RCW. Special consideration needs to be provided by the Permittee to adequately articulate the necessity for and the timing requirements ofroad closures as specified in CCC 12.20 and RCW 47.48. Both a closure and the timing requirements are for the County Engineer to review, and approve, modify or deny the requests ofthe Permittee.

12. 21. 350 Eminent Domain.

Nothing in this Chapter shall be deemed or construed to impair or affect, in any way or to any extent, the county's power ofeminent domain.

12. 21. 360 Indemnification.

1) Indemnification.

a) Except for County departments and unless otherwise specified in a Permit, Franchise or License between that permittee/ Franchisee/ Licensee (" party") and/ or the Utility or the Facility owner (" owner") and as to the County, each such parry and/ or provider or owner shall defend, indemnify and hold harmless the County, its elected and appointed officers, officials, agents and employees ( collectively referred to as the Indemnitees") from any and all claims, actions, suits, proceedings, arbitrations, awards, judgments, liabilities, losses, expenses or damages of every kind and description, including but not limited to court and appeal costs, reasonable attorneys' fees and expert witness fees and expenses, arising out of or alleged to arise out of, relating to or resulting from the use by said party and/or provider or owner of the County rights-of-way or action, error or omission of said party and/or provider or owner, its employees, agents, contractors or subcontractors, whether by negligence or otherwise in connection with the use of such rights- of-way.

b) To the maximum extent allowed by law, each parry and/or provider or owner shall indemnify, defend, and hold harmless the Indemnitees from and against any and all claims, demands, liabilities, losses, costs, damages or expenses of any nature whatsoever including all costs and attorney' s fees, made against the County on account of parry' s or provider's or owner's violation of any environmental laws applicable to the Utilities or Facilities, or from party's or provider' s or owner' s release of any hazardous substances on or from the Utilities or Facilities. This indemnity includes, but is not limited to: ( i) liability for a governmental agency' s costs of removal or remedial action for hazardous substances; ( ii) damages to natural resources caused by hazardous substances, including the reasonable costs of assessing such damages; ( iii) liability for any other Person' s costs of responding to hazardous substances; and ( iv) liability for any costs of investigation, abatement, mitigation, correction, cleanup, fines, penalties, or other damages arising under any environmental laws.

c) In the event of liability for damages arising out ofbodily injury to persons or damage to property or business caused by or resulting from the concurrent negligence of the Indemnitees acting within the scope of their employment and the party and/or provider or owner or parry's and/or provider's or owner's agents, employees, contractors, and subcontractors, party' s and/or provider' s or owner' s liability to defend, hold harmless and indemnify the Indemnitees shall apply only to the percentage of fault attributable to the party and/ or provider or owner, its agents, employees, contractors, and subcontractors. party' s and/or provider's or owner' s duty to indemnify Indemnitees shall not apply to liability for damages arising out of bodily injury to persons or damage to property or business caused by or resulting from the sole negligence of the Indemnitees acting within the scope oftheir employment.

d) Such indemnity, defense and hold harmless shall include any demand, claim, suit or judgment for damages to property or injury to or death of persons, including officers, agents and employees of any party and/or provider or owner, including payment made under or in connection with any Workers' Compensation Law or under any plan for employees' disability and death benefits, which may arise out of or be caused or contributed to directly or indirectly by the erection, maintenance, presence, operation, use or removal of party' s and/ or owner' s Utilities or Facilities or the installations, maintenance or operation of Utilities or Facilities including any claims or demands of customers of the party and/ or provider or owner with respect thereto.

e) Indemnitees shall not be liable to the parry and/ or provider or owner, or to the parry' s and/or provider's or owner' s customers, and the parry and/or provider or owner shall indemnify, defend and hold harmless the Indemnitees against any and all such claims or demands, suits orjudgments for losses, liabilities, damages and expenses by the parry' s and/ or provider' s or owner' s customers, or for any interruption to the service of the party and/or provider or owner, or for interference with the operation of the Utilities or the Facilities.

f) To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless provisions shall apply to and be for the benefit of the Indemnitees.

g) All provisions of this section shall apply to the successors and assigns of the parry and/or provider or owner.

h) To the extent permitted by Washington law, the County shall not be liable for any damage to or loss of any Utility or Facility within the rights-of-way as a result of or in connection with any emergency removal or Relocation, public Works, public improvements, construction, excavation, grading, filling or Work of any kind in the rights- of-way by or on behalf of the County or any entity under contract with the County except for damage caused by the negligence ofthe County.

2) Insurance.

a) Except for County departments and unless otherwise specified in a Permit, Franchise or License between that permittee/ Franchisee/ Licensee (" parry") and/ or the Utility or the Facility owner (" owner") and as to the County, prior to the granting of any Permit, Franchise or License, any party and/ or provider or owner shall be required to submit a financial security under Section 12.21. 080 CCC, above, and shall also file with the County an insurance policy or certificate in a form satisfactory to the County with coverage as follows:

i) Commercial general liability insurance, and if necessary, umbrella liability insurance, which will cover bodily injury, property damage, and any other exposure which can be reasonably identified as potentially arising from the party' s and/or provider's or owner' s activities within the rights-of-way. The limit ofliability shall not be less than two million dollars each occurrence and shall include employer's liability coverage with a limit ofnot less than one million dollars per occurrence. The County, its elected and appointed officers, officials, employees, agents and representatives shall be named as additional insureds with respect to activities occurring within its rights- of-way. Coverage shall be comprehensive with respect to the parry' s and/ or provider' s or owner' s activities within the rights- of-way and shall include completed operations, explosions, collapse and underground hazards;

ii) Business automobile liability insurance for owned, non-owned and hired vehicles with limits of not less than two million dollars per person, three million dollars per accident;

iii) Workers' Compensation insurance as required by Title 51 RCW.

b) The insurance policies required by this section shall be maintained at all times by the party and/or provider or owner. Each liability policy shall be endorsed to require the insurer to notify the County at least forty-five (45) days before the policy can be canceled by any parry, provider or owner, and to require notice of cancellation due to nonpayment of premium to be mailed to the administrator as well as the named insured.

The party and/or provider or owner will be obligated to replace or renew the cancelled or expiring policy and show proof in the form of a certificate of insurance, at least twenty days before the expiration or cancellation of the existing policy( s).

c) The insurance limits mandated for any insurance coverage required under this Chapter are not intended to be an indication of limits of exposure nor are they limitations on liability or indemnification.

d) Whenever any party and/or provider or owner, or agent or representative thereof, has filed with the County evidence of insurance as required, any additional or subsequent Permit, Franchisee or Licensee holder in the employ of said initial party and/ or provider or owner may, at the discretion of the County, be excused from depositing or filing any additional evidence of insurance if such employee is fully covered by the aforesaid insurance policy.

12. 21. 370 Violations - Penalties.

1) Any Person or party, whether Permittee, Franchisee or Licensee, or Utility or Facility owner, or lessee, principal, agent, employee or otherwise, violating any of the provisions of this Chapter, or any Permit or Franchise, or License, or terms or conditions thereof,or orders issued pursuant to this Chapter, or permits any such violation, or fails to comply with any requirements thereof, shall be subject to the civil and criminal penalties in CCC 1. 01. 090 and including enforcement of criminal trespass, and any Franchised or non- Franchised, Permitted or non- Permitted, or Licensed or un-Licensed public or private, Utility or Facility subject to and violating any of the provisions of this Chapter shall be deemed a public nuisance. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided for herein.

2) The violation of any provision of this Chapter shall also be subject to civil penalties under CCC 2. 06.080 to -. 110, except that the cumulative penalty under subsection ( v) of that Chapter shall be set by the Director at not less than $ 100 per day and not more than $ 1000 per day, and except that" Director" shall mean the Public Works Director.

3) Notwithstanding the existence or use of any other remedy, the Director or Engineer may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of this Chapter or other regulations adopted by or referenced by this Chapter.

3. Codification. Code amendments in Sections 2 above, shall be codified.

4. Severability. The provisions of this ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections,

paragraph subsections, clauses or phrases may subsequently be found to be unconstitutional or invalid.

5. Savings clause. Chapter 12. 21 CCC and Ordinance Nos. 17- 037 and 20- 006 are hereby repealed, amended, revised and replaced as set forth above. Such repeal, amendment, revision or replacement shall not be construed as affecting any currently existing agreement, license, permit, right or registration acquired under said ordinances, or portions thereof, nor as affecting any ongoing proceeding or enforcement instituted upon any rule, regulation, or order promulgated thereunder, nor as to any administrative action taken thereunder. Further, it is not the intention of these actions to reenact any ordinance or portions or sections of ordinances or resolutions previously replaced, repealed or amended, unless this ordinance specifically states such intent to reenact such replaced, repealed or amended ordinances and resolutions.

6. Effective Date. These regulations are in the public interest and shall take effect immediately upon adoption by the Board.

PASSED IN REGULAR SESSION THIS day of 2026, after a public hearing was held on 2026, pursuant to Notice published on the day of 2026 in the

ATTEST: BOARD OF COUNTY COMMISSIONERS COWLITZ COUNTY, WASHINGTON

Kelly Grayson, Clerk of Board

Richard Dahl, Chairman

APPROVED AS TO FORM: Ryan Jurvakainen, Prosecuting Atty

Steven Ferrell, Commissioner

By: Douglas Jensen, Chf.Civil Dep.

Steve Rader, Commissioner

BEFORE THE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

A Resolution in the Matter of Setting a ) Public Hearing to Consider amending )

Portions of Chapter 12. 21 of County ) Code— Utility Installations.

Resolution No.

IT IS HEREBY RESOLVED by the Board of Commissioners of Cowlitz County, Washington, in a meeting assembled in the Administration Building of said county, that a hearing be held on the 14th day of June, 2026, at the hour of 10:00 a. m. to amend Chapter 12. 21 of County Code- Utility Installations.

IT IS FURTHER RESOLVED, that the Clerk of said Board forthwith give at least ten ( 10) days' notice of said hearing as required by law.

DATED THIS 23rd day of June, 2026.

BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

ATTEST:

Clerk of the Board

Richard R. Dahl, Chairman

Steven L. Ferrell, Commissioner

Steve Rader, Commissioner

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Federal Energy Regulatory Commission ( FERC) Notice dated 06/ 11/ 2026 regarding Early Warning Sirens Repair and Testing, Merwin, Yale, and Swift No. 1

Submitted By: Pervie Nancy Reed, Administrative Assistant III

Submitted For: Pervie Nancy Reed, Administrative Assistant III

Department: Commissioners

Information

Subject and Summary Statement

Federal Energy Regulatory Commission (FERC) Notice dated 06/ 11/ 2026 regarding Early Warning Sirens Repair and Testing, Merwin, Yale, and Swift No. 1 Projects.

Staff Attendance

Department Recommendation

FEDERAL ENERGY REGULATORY COMMISSION

Office of Energy Projects

Division of Dam Safety and Inspections — Portland Regional Office

6/ 3/ 2026

In reply refer to: P- 935, P- 2071, P- 2111

VIA Electronic Mail

Mr. William Shallenberger

RECENED Vice President, Renewable Resources SUN 1 1 2026 PacifiCorp will.shallenberger@pacificorp. com

Subject: Early Warning Sirens Repair and Testing, Merwin, Yale, and Swift No. I Projects

Dear Mr. Shallenberger:

This letter is to acknowledge Peter Martins' s June 2, 2026 letter reporting the completion ofrepairs and testing of the early warning sirens at the Merwin, Yale, and Swift No. 1 Projects, FERC Nos. 935, 2071, and 2111 respectively. The letter adequately addresses the comments provided by our March 4, 2026 letter relating to the 2025 Emergency Action Plan (EAP) Status Report for the projects. No additional actions related to this issue are necessary.

Thank you for your continued cooperation and interest in dam safety. Ifyou have any questions, please contact Mr. Justin Nettle of this office at ( 503) 552- 2714.

Sincerely,

E R I C

Digitally signed by ERIC KENNEDY

KENNEDY Date: 2026. 06. 03 13: 39: 29 - 07' 00'

Eric Kennedy, P.E. Regional Engineer

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Affidavit of Posting Resume for the Month of April & May 2026

Submitted By: Pervie Nancy Reed, Administrative Assistant III

Submitted For: Pervie Nancy Reed, Administrative Assistant III

Department: Commissioners Information

Subject and Summary Statement

Affidavit of Posting Resume for the Month of April & May 2026

Staff Attendance

Department Recommendation

State of Washington

Affidavit of Posting Resume' Of the Commissioners' Proceedings For the Month of County of Cowlitz April & May 2026

Pervie Reed, Administrative Assistant, deposes and says: That she was authorized, and that in compliance with said authorization from the Board ofCounty Commissioners ofCowlitz County, Washington, she did on the 15th ofJune a resume ofthe meetings, minutes, and proceedings, in the City of Kelso, Washington, the County Seat of Cowlitz County, to-wit:

on the bulletin board ofthe Cowlitz County Administration Building.

on the bulletin board of the Hall of Justice; and

on the bulletin board at the Kelso Post Office.

Dated this 15t11 of June

Pervie Reed, Affiant

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Resolution Closing Cowlitz Co Cafe Food Services Petty Cash Fund

Submitted By: Taunya Richardson, Senior Budget Analyst

Submitted For: Shawn Roewe, Finance Director

Department: OAS- Finance

Information

Subject and Summary Statement

On April 15, 2025, the Board of Commissioners adopted Resolution No. 25-022 reestablishing a petty cash fund for miscellaneous business transactions in the amount of $ 500. 00. The Cowlitz Co Cafe Food Services Fund has been dissolved and no longer provides services requiring the use of a petty cash. Closing the account is in the best interest of the County and the public.

Staff Attendance

Shawn Roewe

Department Recommendation

The Department of Financial Management recommends that the Board of Commissioners rescind Resolution No. 25-022 dated April 15, 2025 and approve to close the petty cash fund.

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Rescinding Resolution No. 25- 022 ) dated April 15, 2025 and Closing Cowlitz Co Caf6 ) Food Service Petty Cash Fund

RESOLUTION NO.

WHEREAS, on April 15, 2025, the Board ofCommissioners adopted Resolution No. 25- 022 reestablishing a petty cash account for maintaining change in a cash drawer within department in the amount of$500. 00; and

WHEREAS, the Board of County Commissioners dissolved fund 41801- Cowlitz Co Caf6 Food Services and no longer provides services requiring the use of petty cash; and

WHEREAS, the Board finds that maintaining such an account is no longer necessary and that closing the account is in the best interest of the County and the public; and

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that Resolution No. 25- 022, dated April 15, 2025, is hereby rescinded in its entirety; and

BE IT FURTHER RESOLVED the Cowlitz Co Caf6 Food Service would like to dissolve the petty cash fund that was established with Resolution 25- 022 in the amount of$ 500. 00:

Credit: 41801- 155100- 1117000 Petty Cash $ 500. 00

Debit: 41801- 155100- 1111000 Cash 500. 00

DATED: June 23, 2026.

Attest:

Kelly Grayson, Clerk of the Board

BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

BOCC Agenda

Meeting Date: 6/ 23/ 2026

RESOLUTION - CRP NO. 811- Call for Bids- S. Toutle Road Headwall Repair- Project No. 1851

Submitted By: Averie Mejia, Administrative Assistant III

Submitted For: Susan Eugenis, County Engineer

Department: Roads Administration Information

Subject and Summary Statement

Attached is revised County Road Project No. 811 and the necessary documents to issue the Call for Bids for the South Toutle Road Headwall Repair Project. This project consists of the installation of soil nails, facing mat and timber replacement to repair a headwall at Studebaker Creek and the roadside slope that are failing. The project is necessary to stabilize the roadway slope until the culvert can be replaced.

Staff Attendance

Savannah Clement Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve revised CRP No. 811, issue the Call for Bids and set the bid opening for July 27, 2026 at 1: 30 p.m. The notice will be published in the usual manner.

CALL FOR BIDS

The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until July 27, 2026, prior to 1: 30 p. m., for the following work: SOUTH TOUTLE ROAD HEADWALL REPAIR PROJECT.

Work performed under this contract consists of the following:

Repairing the headwall along South Toutle Road where it crosses over Studebaker Creek. Repairs include bracing the headwall with a waler beam and installing facing matting along the embankment with spiral nails.

At that time all bids will be publicly opened and read in the Public Works Administration Building Training Room. Bids must be addressed to:

Cowlitz County Department of Public Works

Attn: County Engineer

1600 13th Avenue South Kelso WA 98626

Project bid documents ( Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington ( BXWA) website at www. bxwa. com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to " Register as a Bidder" through the BXWA in order to receive automatic e- mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder' s Exchange of Washington at ( 425) 258- 1303 for questions regarding access or registration.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www. bxwa. com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier' s check, or surety bond in an amount equal to five percent ( 5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish

satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42. 56 RCW.

Cowlitz County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U. S. C. 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.

DATED this day of 2026.

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

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. 811LProject No. 1851

IT IS HEREBY RESOLVED THAT SOUTH TOUTLE ROAD, State Road Log No. 51700 from Milepost 1. 07 to Milepost 1. 09 be improved as provided below:

Arterial (_)

Reconstruct a failing headwall at the Studebaker Creek Collector LX) concrete box culvert. Access (___ 1

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 AMOUNT OF APPROPRIATION

MThis project is included in the officially adopted annual road program as Item 21 . 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:

MThe construction is to be accomplished by contract in accordance with RCW 36.77.020. et.seq. Ll The construction is to be accomplished by county forces in accordance with RCW 36. 77. 060 and WAC 136- 18.

ADOPTED this 23rd day of April 2024.

DocuSigned by:

BOARD OF COUNTY COMMISSIONERS

ATTEST: OF COWLITZ COUNTY, WASHINGTON

Kelly Dombrowsky

Clerk of the Board

Richard R. Dahl, Chairman

DocuSigned by: Are r" NA me o ensen, Commissioner

by:

Commissioner

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter ofInitiating a County Road Project Designated as C.R.P. No. 81 ILProject No. 1851

IT IS HEREBY RESOLVED THAT SOUTH TOUTLE ROAD, State Road Log No. 51700 from Milepost 1. 07 to Milepost 1. 09 be improved as provided below:

Arterial (_)

Reconstruct a failing headwall at the Studebaker Creek Collector concrete box culvert. Access

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

AMOUNT OF APPROPRIATION

This project is included in the officially adopted annual road program as Item 10. The project is hereby made a part ofthe officially adopted annual road program in accordance with RCW 36.81. 130.

IT IS FURTHER RESOLVED THAT:

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 12026.

BOARD OF COUNTY COMMISSIONERS

ATTEST: OF COWLITZ COUNTY, WASHINGTON

Kelly Grayson

Clerk of the Board

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

NOTICE TO CONTRACTORS CALL FOR BIDS

The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until July 27, 2026, prior to 1: 30 p. m., for the following work: SOUTH TOUTLE ROAD HEADWALL REPAIR PROJECT.

Work performed under this contract consists of the following:

At that time all bids will be publicly opened and read in the Public Works Administration Building Training Room. Bids must be addressed to:

Cowlitz County Department of Public Works

Attn: County Engineer 1600 13t" Avenue South Kelso WA 98626

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa. com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier' s check, or surety bond in an amount equal to five percent ( 5%) of the amount of such

bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42. 56 RCW.

The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.

DATED this 23rd day of June, 2026.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

PUBLISHED:

PUBLICATION REQUIREMENT: To be published twice prior to July 22, 2026.

BILLING INFORMATION:

1) AFFIDAVIT TO: Cowlitz County Commissioners Attn: Clerk of the Board

2) AFFIDAVIT AND BILL TO: Cowlitz County Department of Public Works P. 0. 1059 1600— 131h Avenue South Kelso, WA 98626

BOCC Agenda

Meeting Date: 6/ 23/ 2026

APPROVAL OF EXPENDITURES— Drainage Improvement District No. 1— April 2026 Vouchers

Submitted By: Averie Mejia, Administrative Assistant III

Submitted For: Susan Eugenis, County Engineer Department: Roads Administration

Information

Subject and Summary Statement

On June 4, 2026, the Supervisor for Drainage Improvement District No. 1 ratified payments of the expenses incurred in April 2026 for $7, 524. 95. Attached are the Voucher Ratifications outlining said expenses. These expenses are included in the 2026 Budget.

Staff Attendance

Department Recommendation

Drainage Improvement District No. 1 recommends approval of the April 2026 ratification of the vouchers in the total amount of$ 7, 524. 95.

Kelly

Eugenis, Susan Preliminary Review-

PW1

Eugenis, Susan Department Approver Approve

Review

Grayson, Kelly Clerk of the Board

Review

Approved:

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Steve Rader, Commissioner

L. Ferrell, Commissioner

Clerk of the Board

Steven

Attest:

Drainage Improvement District No. 1

1600 — 13th Avenue South

Kelso, Washington 98626

360) 577- 3030

VOUCHER RATIFICATION

I, the undersigned Supervisor of Drainage Improvement District No. 1, do hereby certify that the merchandise or services specified have been received and that the claim vouchers for April 2026 in the amount of$ 7, 524. 95 have been paid.

DATED this 4th day of June 2026.

SUSAN EUGENIS, . E., SUPERVISOR

BOCC Agenda

Meeting Date: 6/ 23/ 2026

Teamsters Local 58 Correction Sergeants Collective Bargaining Agreement

Submitted By: Jessica Warren, Human Resources Director

Submitted For: Jessica Warren, Human Resources Director

Department: OAS- Human Resources

Information

Subject and Summary Statement

The Collective Bargaining Agreement represents the terms and conditions agreed upon by and between Cowlitz County and Teamsters Local 58 Correction Sergeants for the period of January 1, 2025 to December 31, 2028.

Staff Attendance

Jessica Warren

Department Recommendation

Recommend the Board of County Commissioners move to approve the agreement.

Form Review

COLLECTIVE BARGAINING AGREEMENT

By and Between COWLITZ COUNTY and

TEAMSTERS LOCAL UNION No. 58

CORRECTIONS SERGEANTS 2025- 2028

THIS AGREEMENT, made and entered into by and between the Board of Cowlitz County Commissioners hereinafter referred to as the COUNTY, and Teamsters Local Union No. 58, hereinafter referred to as the Union, governing wages, hours and working conditions ofemployment for Corrections Sergeants.

ARTICLE 1 - UNION RECOGNITION

1. 1 The Union is recognized as the sole and exclusive bargaining agent for Corrections Sergeants.

Full time employee - defined.

A full time employee is one who works at least twenty- nine( 29) hours per week for three( 3) consecutive months.

Full time employees are entitled to all of the benefits of the contract.

Temporary Sergeant - defined.

An OIC who is scheduled to work in the position ofsergeant for a period offifteen calendar days or longer during a sergeant' s leave of absence or reassignment.

Temporary sergeants are excluded from the provisions of the contract except that they shall be paid an hourly rate based on the contract's minimum salary for the classification to which they are assigned. All other provisions oftheir employment shall be in accordance with the labor agreement covering their permanent assignment. If an employee serves in excess of ( 1) one year in the temporary assignment, that employee shall be promoted to the second ( 2) step of the salary progression as contained in the sergeant/ County labor agreement.

Temporary sergeants who become permanent sergeants without a break in service shall be entitled to a seniority date retroactive to the date they were first assigned temporary sergeant status.

1. 2 New Sergeants are required to serve aprobationary period of2080 work hours excluding any hours on light duty prior to completing this probationary period they may be terminated without recourse to the grievance procedure orthe progressive discipline article. Sergeants who are unwilling or unable to perform satisfactorily during the probationary period may be allowed to return to their former position in the Cowlitz Countyjail with the approval ofthe Director.

1. 3 Upon receipt of a properly executed written authorization card signed by the employee to deduct dues, who voluntarily chooses to become a member of the Union, the Employer agrees to deduct all regular Union and initiation fees from the employee's pay that are uniformly required to maintain the employee in good standing in the Union. The written authorization shall provide that: a) the amount ofdues deducted by the Department shall be increases upon written notification from the Union that the amount of dues increased; or b) each employee who voluntarily choses to become a member ofthe Union must submit a new written authorization for the Department to deduct any

increased amount of dues that the Union establishes after the date of this Agreement. Such deductions are to be transferred to the Union' s designated officer each month.

An employee may revoke his orher authorization for payroll deduction ofpayments to the Union by delivering written notice to the Employer and the Union.

1. 4 Union agrees to indemnify and hold harmless the employer, its Board members, officers, agents, and employees, from and against any and all claims, demands, actions, lawsuits orany forms of liability, monetary or otherwise ( for example, claims for reinstatement or reemployment), including attorney' s fees and costs arising from the application and enforcement ofthis article.

ARTICLE 2 - MANAGEMENT RIGHTS

Except as abridged by this contract, the Director of Corrections shall retain the exclusive right to exercise the customary functions of management, including, but not limited to: directing the activities ofthe department; determining the methods ofoperation, including but not limited to the introduction ofnew equipment; the right to hire, layoff, transfer, promote; to discipline or discharge forjust cause; to determine work schedules and assign work; to establish performance objectives; to set job standards; and to evaluate performance of employees.

ARTICLE 3 - FIREARMS

It is optional for Corrections Sergeants to be firearms qualified. If a Sergeant is not firearms qualified or becomes non firearms qualified at any time for any reason, the top-step for non-firearms qualified Sergeant will be Step 3.

ARTICLE 4 - HOURS OF WORK AND OVERTIME

4. 1 Personnel shall work the schedule that was in effect on September 3, 1997. This schedule may only be changed or altered by mutual agreement between the Director of Corrections and the Union. Any work schedule must produce at least Two Thousand Eighty( 2080) hours per year per employee, less sick leave, vacation leave, and paid holidays, or any other authorized leave.

All employees shall be allowed a one-half (1/ 2) hour lunch break during their shift as workload permits; however, if not taken, no overtime shall be paid.

All employees shall be granted a fifteen( 15) minute break approximately halfway through the first half of their shift, and a fifteen( 15) minute break approximately half way through the second half of their shift. Such breaks shall be taken without loss of pay and the employees shall not be required to make up such time.

4. 2 Overtime. If an employee is required to work in excess of his/ her regularly scheduled shift, or ifthey are required to work on a regular scheduled day off,they shall receive time and one-half pay or time and one- half compensatory time off. Employees called at home will be compensated overtime in increments oftenths ofan hour for actual time on the phone. One tenth hour equals 6

minutes. Compensatory time off balance cannot exceed forty- eight ( 48) hours at any time. If the forty-eight (48) hour compensatory time balance is not used the employee may request payoffby November 30 for the first payroll in December.

4. 3 Call back, including call back to court, shall be paid at minimum three( 3) hours pay at time and one- half. Right of first refusal for early call-ins of up to three ( 3) hours shall be given to oncoming shift personnel on a rotating basis and shall not affect movement of the overtime call- out card and such early call-in shall not be considered call time.

4. 4 All overtime accumulated by an employee may be taken as compensatory time offby mutual agreement between the employee and his supervisor. Normally, the desire ofthe employee shall be observed unless such time off would cause staffing levels to drop below minimum staffing levels. In a calendar year employees may schedule( 24)- hours from their compensatory time offbank, such time offwill be granted even ifthe request causes staffing levels to drop below minimum staffing levels.

4. 5 Except in emergencies ( when an employee is expected to accept overtime assignments), assignments ofovertime shall be rotated among qualified Sergeants. Ifa sergeant does not take the overtime voluntarily, a qualified OIC that is assigned to that shift will be placed in the sergeants position. Ifthere are no qualified OIC' s assigned to that shift, it will then be offered by rotation to designated or qualified OICs. If all OICs refuse the overtime, the sergeant in front of the forced overtime box shall be forced ( first sergeant even if it is a gender specific position). The forced sergeant shall not be forced to work beyond 18 hours in a 24 hour period. Temporary Sergeants will not be used to cover short term( fifteen 15) calendar days or less) leaves such as vacation days off, sick leave, or leave of absence. A record shall be kept by the supervisor of overtime worked. Sergeants must have aminimum ofsix( 6) hours offbetween shifts, unless an emergency is declared by the County Corrections Director.1

Sergeants and Corrections Officers who are firearms qualified will have their overtime cardsjointly rotate through the armed detail overtime box.

The Sergeant' s overtime book and force book shall be combined. If a Sergeant volunteers to work Sergeant position overtime of 6 hours or more, their overtime/ force card shall move to the back of the book. The Sergeants overtime/ force card shall not move if the Sergeant takes a Corrections Officer position overtime or a Sergeant' s position overtime less than 6 hours.

4. 6 Qualified defined. A qualified employee is eligible by ability, experience and training to fulfill the requirements of a specific position as determined by the Director or his/her designee.

1 Bargaining Note: The parties agree the eight( 8) hour Sergeants will not be forced overtime on any calendar day that is a full shift scheduled time off. The twelve( 12) hour Sergeants will not be forced overtime six( 6) hours before or after a full shift scheduled time off. Scheduled time off includes vacation, comp, sick, floaters, bereavement and Kelly Days. Training days will be excluded from this provision.

ARTICLE 5 - HOLIDAYS

5. 1 Effective on January 1" of each year all full time employees shall receive forty- eight( 48) non accruable floating holiday hours for that calendar year. However, floating holiday hours may be used in either eight( 8) or twelve( 12) hour increments depending on the schedule the sergeant is on. A new Sergeant, who is hired afterJanuary 1St, shall have the forty-eight( 48) floating holidayhours pro- rated from hire date to December 31". The floating holiday hours maybe taken at anytime after employee has completed six( 6) full months of employment and when mutually agreed upon between employee and the supervisor. Once a Floating holiday has been approved by the Director or their designee, it can only be changed by mutual agreement between the employee and Director or their designee. Floating holiday time is non- accumulative and lapses at the end of each calendar year. There is no termination pay for any floating holiday not taken. 2

5. 2 Full- time employees shall receive eight( 8) hours pay per month, which is included in their base pay designated in Appendix A in lieu of eight ( 8) holidays.

ARTICLE 6 - VACATIONS

6. 1 All regular employees represented by this agreement shall be granted vacation in their first year ofcontinuous service as outlined in the Vacation Schedule ofthis article. Vacation leave is not available to the employees until after having served six consecutive months of employment.

A re- employed or reinstated employee must also have six ( 6) months of continuous employment before being entitled to use vacation leave.

6. 2 Leave credits accumulated are canceled automatically on separation after periods ofservice of less than six( 6) continuous months.

6. 3 Terminating employees do not receive vacation leave credit for the month in which they terminate unless they actually work continuously through the 14th day ofthat month.

6. 4 Vacation leave shall accumulate to a total of two hundred and forty eight hours( 248), after which time, if no leave is taken, no additional leave shall be credited. That is, an employee at no time shall have more than two hundred and forty eight hours (248) ofaccumulated vacation leave due, unless extended by the Employer.

6. 5 All accumulated vacation leave shall be allowed when an employee leaves the employment of Cowlitz County for any reason, provided notice has been given. ( Note exception of Item 2 above.) Adequate notice is defined as a written notice submitted to the department head at least fourteen ( 14) days prior to termination of employment. This notice is not required in the event of involuntary termination.

In case ofdeath, all accumulated vacation leave shall be paid to the estate ofthe employee.

2 Bargaining Note: The additional 4 hours of floating holiday from 2024 will be paid out at the 2025 pay rate.

All payments of terminal leave for the unused vacation leave shall be based on the employee's salary at the time of separation or death.

Payment of terminal leave will be made at the time of payment of the final payroll for the employee.

6. 6 Authorized Leave of Absence Without Pay shall not interrupt prior or continuous service. However, the employee shall not be credited with earned vacation leave days during the period of authorized leave of absence without pay.

6. 7 Vacation schedules for the following year shall be posted between October 1 and November 1, of each calendar year, and all employees shall indicate their choice of vacation time on the schedule. The vacation schedule shall be completed by December 1 and seniority shall be given preference in the scheduling of vacations. Normally, an individual's vacation request shall be granted unless such request would cause staffing levels to drop below minimum staffing levels. If the shift is normally staffed at minimum level, one person shall be granted their vacation request. The vacation schedule shall cover the period from January 1 to December 31.

All Sergeants and Corrections Officers( by department seniority) will be assigned one( 1) day during this period to schedule his/her vacation leave for the following year. Ifthis day happens to fall on an employee' s day off, the employee will not be entitled to overtime or compensatory time for scheduling his/her vacation days. Ifan employee is unable to make it on his/her scheduled day and has a justifiable reason as determined by the Captain, he/she must call the Captain to make arrangements for an alternate day. Once an employee' s day is over, that employee may not make any changes to his or her vacation leave requests until the window period is closed. Once the window period has closed, vacation will be granted on a first come, first served basis.

Extensions shall be granted by the Director ortheir designee because ofan unforeseen circumstance.

6. 8 The provisions of this Article are not applicable to persons regularly working less than twenty-one( 21) hours per week, or to persons in temporary, intermittent, or occasional employment status.

BONUS LEAVE

Bonus vacation days will be granted to the employees and credited to their account on the last day of the month in accordance with the vacation schedule shown below.

ARTICLE 7 - SENIORITY

7. 1 Seniority Defined. For purposes ofvacation accrual seniority is defined as the employee's last date ofhire with the County. For purposes ofpreference in days offan employee' s seniority date is the date on which he was assigned to his current classification at the Cowlitz County Jail. For holiday and vacation scheduling an employee's seniority date is the date on which hewas assigned to the Cowlitz County Jail.

7. 2 Seniority shall prevail in the preference ofdays off and vacations. In the interest ofpublic safety, shift assignments will be made by the Department, based upon the manpower needs, experience and ability. All requests for shift changes will be given full consideration before a final determination is made. Shift changes shall not be made without first discussing the change with the affected member at least one week prior to the shift change taking place unless mutually agreed upon to occur with less than one week' s notification.

7. 3 The Director ofCorrections may lay offany Sergeant after two weeks prior notice in writing without prejudice because of lack of funds, curtailment of work, or other reasons outside the employee' s control which do not reflect discredit on the services of the employee. No full time Sergeant, however, shall be laid offwhile there are temporary orprobationary Sergeants employed. Layoffdue to reduction in force shall be made in inverse order ofseniority by his/her classification

date in the Cowlitz County Jail. For purposes of this section classifications are understood to be: Corrections Sergeant.

Employees who are laid off shall be called back according to their seniority and classification( last laid off first recalled). No new hires shall be employed into classifications where there are laid off employees for a period of five years. Notice of recall shall be sent by registered mail to the last address the employee has provided the Director in person or by certified mail. Any offer of reemployment is contingent on the employee to become recertified by the State and the employee must meet the original employment standards ofthe job. An employee offered recall rights must accept the offer within five days after the Department has been notified that the offer of recall has been delivered. Employees accepting recall must report to work within two weeks of accepting the recall. Seniority rights shall be restored to recalled employees exceptthe period oflayoffshall notbe restored.

ARTICLE 8 - SICK LEAVE

8. 1 It is the intent ofboth parties to be in compliance with the Washington Paid Sick Leave Law, but in no event will the sick leave provisions be less than the following: Sick leave is granted at the rate of one working day (eight hours) for each completed month of service and is credited to the employees account on the last day ofthe month. It shall accumulate and at the end ofeach calendar year any unused paid sick leave balances up to 1, 200 (one thousand two hundred) hours will carry over to the following year. For example ifyou have 1, 208 hours December 31, 2018 including your December accrual, effective January 1, 2019 your balance will be 1, 200 hours or ifyou have 1, 150 hours December 31, 2018 including your December accrual, effective January 1, 2019 your balance will be 1, 150 hours.

8. 2 Employees will be granted a day ofsick leave for the first month ofemployment ifplaced on the payroll on or before the 15th day ofthe month and if actually working continuously through the rest ofthat month, but ifthe employee separates employment( voluntary or involuntary) prior to the end ofthe month the employee will accrue 1( one) hour for every 40 (forty) hours worked.

If the employee starts after the 15th of the month the employee will accrue 1( one) hour of paid sick leave for every 40 ( forty) hours worked until the end ofthat month.

If an employee separates employment (voluntary or involuntary) prior to the end of the month the employee will accrue 1( one) hour for every 40 (forty) hours worked in that month.

8. 3 All accumulated, unused paid sick leave that was not paid out at the time ofseparation may be restored when a previously separated employee is re-employed within 12 ( twelve) months of separation. Sick leave may be extended by the appointing power after all accumulated sick leave is exhausted when an employee is injured in the line of duty ( except when covered by industrial insurance) or contracts a contagious or infectious disease through exposure to such disease in the line ofduty.

8. 4 Sick leave may be taken for any ofthe following reasons:

A. Illness or injury which incapacitates the employee to the extent that he/she is unable to perform his work. Pregnancy shall be treated in the same fashion as a temporary disability.

B. Exposure to contagious disease such as would jeopardize the health offellow workers or the public as determined by the County Health Officer or the County Health Officer may delegate such duty to his/ her Registered Nurse Physician Assistant.

C. Preventative care such as medical, dental, or optical appointments and/ or treatments.

D. Care of a family member with an illness, injury, health condition, and/ or preventative care such as medical/ dental/ optical appointments.

E. Closure ofthe employee' s place ofbusiness orchild's school/place ofcare by order of a public official for any health- related reasons.

F. If the employee or the employee' s family member is a victim of domestic violence leave act, RCW 49. 76.

8. 5 Payment for sick leave will be made only when approved by the appointing power. Employees are allowed to use paid sick leave in increments of tenth of an hour. One tenth hour equals 6 ( six) minutes.

8. 6 At the employee' s option, vacation leave may be used as sick leave, but sick leave may not be used as vacation leave.

8. 7 An employee receiving industrial insurance time-loss payments may use vacation leave or sick leave during the period covered, provided the combined compensation cannot exceed the employee's base rate of pay.

8. 8 Doctor's certificate ofillness may be required by the Employer at the time the employee returns to work when he is absent because of illness or injury more than three ( 3) consecutive days.

8. 9 An employee separated from County service due to death, retirement, or termination short of retirement age shall be compensated to the extent of fifty( 50%) percent ofhis accumulated sick leave.

8. 10 A family member is defined in RCW 49.76 and includes child or parent ( including biological, adopted, foster, step, or legal guardian), a spouse, registered domestic partner, spouse' s parent, grandparent, grandchild, or sibling.

ARTICLE 9 - SICK LEAVE/ VACATION TRANSFER PROGRAM

The Union agrees to follow Cowlitz County sick leave/ vacation transfer program policy.

ARTICLE

- LEAVE

10. 1 Family Leave- An employee is entitled to twelve( 12) workweeks of family leave during any twenty four( 24) month period to: A) Care for a newborn child or adopted child ofthe employee who is under the age of six ( 6) at the time of placement for adoption or B) To care for a child of the employee under eighteen( 18) years ofage who has a terminal health condition. Leave under A shall be completed within twelve ( 12) months after the birth or placement for adoption as applicable. Leave under B applies once for any given child. Ifboth parents ofa child are employed by Cowlitz County they shall together be entitled to a total oftwelve( 12) workweeks of family leave during any twenty-four( 24) month period, and leave shall be granted to only one ( 1) parent at a time.

Family leave shall be unpaid leave and benefits shall be handled as described in Section 2 ofthis article.

An employee planning to take family leave shall provide their Department Head and Human Resources with written notice at least thirty( 30) days in advance ofthe anticipated date ofdelivery or placement for adoption, stating the dates during which the employee intends to take family leave. The employee shall adhere to these dates unless:

a) The birth is premature.

b) The mother is incapacitated due to birth such that she is unable to care for the child.

c) The employee takes physical custody ofthe newly adopted child at an unanticipated time and is unable to give thirty (30) day's notice in advance.

In the event that a, b or c occurs the employee agrees to notify the employer as soon as possible to reestablish the dates of the leave.

10. 2 Federal Family and Medical Leave

A. An employee is eligible for Federal Family and Medical Leave ifhe/she has worked for the County at least twelve( 12) months and has worked at least twelve hundred fifty( 1250) hours in the twelve (12) month period before the FMLA leave is to begin.

B. Allowable reasons for FMLA leave are: birth and care of the employees newborn child within twelve ( 12) months after the date ofthe child's birth; placement ofa child (under eighteen 18) years of age or over eighteen ( 18) years of age if they are incapable of self care due to a physical or mental disability) with the employee for adoption or foster care within twelve ( 12) months after the date ofplacement; to care for the employee's spouse, child orparent with a serious health condition; when the employees own serious health condition prevents him/her from

performing his/ her job.

C. A serious health condition is defined as: any physical or mental condition that involves a) in patient care; b) incapacity for more than three (3) calendar days that involves continuing treatment by a health care provider; c) continuing treatment by a health care provider for a long term incurable condition which ifnot treated, would likely result in a period ofincapacity for more than three (3) days or for prenatal care. A health care provider is defined as a: doctor of medicine or osteopathy; podiatrist; dentist; clinical psychologist; optometrist; nurse practitioner; nurse midwife; or Christian Science practitioner.

D. Employees may take up to twelve( 12) work weeks ofunpaid( paid if on accrued sick leave) FMLA leave in a twelve( 12) month period measured forward from when the employee's last FMLA leave began. An employee' s FMLA leave entitlement will run concurrent with the Family Leave entitlement under State law as described in Section 1. If an employee and employee' s spouse both work for the County they are entitled to a combined total oftwelve( 12) work weeks ofFMLA leave for the birth or placement ofa child or to care for a parent or a child with a serious health condition.

E. Employees who know in advance that they will need to use FMLA leave shall obtain, complete and return a Request for Leave Form to Human Resources thirty( 30) calendar days before the leave is to commence. When the need is not foreseeable thirty( 30) calendar days before it is to commence the employee will give the employer notice ofhis/her intent to take FMLA leave as soon as practicable after the employee learns of the need for the leave. In case of an emergency, the employee or a responsible person must call the Human Resources Department to make the request, and must fill out a Request For Leave Form as soon as possible. Any request for an extension of FMLA leave must be made by the employee before the initial leave expires.

F. Employees who request FMLA leave because of their own serious health condition or the serious health condition oftheir spouse, parent, or child must obtain a certification that the serious health condition exists from a health care provider. Forms can be obtained from Human Resources. The certification must be returned no later than fifteen ( 15) days after the County requests certification. The County reserves the right to request a second opinion from a health care provider of their choice at County expense. If there is disagreement between the employee's health care provider and the County's health care provider, the employee and the County shall choose a third health care provider( at County's expense) whose opinion shall be binding on both the County and the employee. Failure by the employee to cooperate in the selection ofa third health care provider shall result in the second health care provider's opinion to be final and binding.

A fitness for duty report is required from an employee's health care provider before they may return to work from leave for their own serious health condition. Fitness for Duty Report Forms are available in the Human Resources office.

G. Employees are entitled to intermittent or reduced schedule leave for their own serious health condition or the serious health condition oftheir child, spouse or parent if a health care provider certifies that the intermittent or reduced schedule is medically necessary. The provisions for second and third health care provider opinions are the same as stated in subsection F above.

The County may temporarily transfer employees on intermittent or reduced schedule leave to anotherjob without reducing pay or benefits.

H. Ifan employee has accrued sick leave they must use that sick leave concurrent with FMLA leave.

I. The County will continue to pay their share of the health insurance premiums for the duration ofthe FMLA leave ifthe employee is enrolled in the County's plan immediately prior to the FMLA leave. The employee is required to pay their share of the premium. If an employee does not return to work from FMLA leave he/she must reimburse the County for the payments made during the leave.

J. Employees on vacation or sick leave during FMLA leave will continue to accrue vacation, sick leave, and holidays if they occur during the leave and they will continue to accrue seniority. If the leave is unpaid the employee will not accrue vacation, sick leave or holidays that occur during the leave nor will they accrue seniority. Bonus days will continue to accrue if the leave is for disability reasons and anniversary date for vacation accrual will not be affected. Bonus days will not continue if the leave is for non disability reasons and the anniversary date will be moved forward equal to the duration of the leave.

K. If an employee accepts other employment or becomes self employed during the leave the leave will be canceled.

L. Employees returning from leave shall be reinstated to their former job or a job with equal pay and benefits and working conditions, provided an employee shall have no greater right to ajob when they return than if they had continued working during the leave period.

10.3 Washington Paid Family and Medical Leave

It is the intent ofboth parties to be in compliance with the Washington Paid Family and Medical Leave, which is a statewide insurance program for employees to care for themselves and/or their family members administered by the Employment Security Department.

The State ofWashington through the Employment Security Department will collect a premium based on the percentage ofgross wages for each employee ofthis bargaining group. The percentage ofgross wages is defined by the State and can be adjusted annually according to the rules set by statute. Beginning January 1, 2020 eligible employees can apply for leave for qualified family and medical events. Eligibility and benefits are defined by the applicable RCWs and WACs.

When a qualifying event is covered by both Paid Family and Medical Leave and FMLA Washington State FMLA and/ or Federal FMLA), the leave available in both programs is taken concurrently.

Leave Of Absence Without Pay

For Reasons Other Than Disability of The Employee

10. 4 Leave of absence without pay may be granted at the discretion of the employer.

10. 5 Request for leave ofabsence without pay must be submitted in writing and approved by the employer in advance of the effective date.

10. 6 An employee on leave of absence without pay shall not be eligible for accrual of sick leave, vacation, holiday pay or seniority. The seniority date shall be moved forward in the amount equal to the duration of the leave. On return from leave of absence, an employee shall be eligible for the first available position within the employee' s classification for which the employee is qualified. Returning employees shall have no right to displace an employee who has attained seniority.

10. 7 While on such leave of absence without pay, an employee shall not be eligible for employer payment ofmedical insurance.

10. 8 An employee failing to return to work upon expiration of the leave of absence may be terminated from employment with the employer.

ARTICLE 11 - UNIFORMS AND CLEANING

11. 1 For any Sergeant the County shall furnish such items of equipment or apparel deemed necessary by the Director of Corrections( itemized in Appendix B). Such uniforms and/or clothing shall be replaced on the basis of fair wear and tear when such items are returned to the Employer.

11. 2 In the event an employee leaves the Department, all uniforms and equipment purchased by the County shall be returned to the County. The burden ofproof as to who purchased the items shall be on the County.

11. 3 Employees agree to maintain all clothing, uniforms or equipment in good condition and not to subject such items to abuse not required in line of duty.

11. 4 All uniform purchases must be from vendors approved by the Purchasing Department.

ARTICLE 12 - EQUIPMENT

12. 1 Employees shall not be required to operate unsafe or mechanically unsound equipment.

ARTICLE 13 - PROGRESSIVE DISCIPLINE

13. 1 The Director ofCorrections or his designee may discipline any employee subject to this agreement forjustifiable cause. In such cases the Director ofCorrections or his designee will initiate a progressive discipline procedure which normally shall include the following steps: 1) oral warning, 2) written warning, 3) Suspension without pay, 4) termination. Causes ofa serious

nature including but not limited to conviction of a felony or acts of moral turpitude may be causes for immediate suspension without pay or termination.

The employer shall advise an employee of his/her right to union representation ( shop steward or member) prior to any meeting initiated by a supervisor where disciplinary action is going to be discussed or implemented.

Per RCW 43. 101. 135 and WAC 139-06-020, the department shall notify the Washington State Criminal Justice Training Commission( WSCJTC) of any disciplinary decisions for alleged behavior or conduct which may result in revocation of certification pursuant to RCW 43. 101. 135. Any decisions regarding an employee' s certification will be made separate of the County' s disciplinary decision and may result in ineligibility ofemployment. Should an employee' s certification be revoked by WSCJTC, the employee will no longer meet the minimum qualifications set forth for a Corrections Sergeant and be ineligible for employment. If the WSCJTC issues a suspension of the certification, the employee will temporarily be ineligible for employment and must use the appropriate leave or leave without pay during the time of ineligibility.

ARTICLE 14 - GRIEVANCE PROCEDURE

14. 1 Any dispute that might arise over the application or interpretation of any Article of this agreement shall be handled as follows:

STEP 1 Any dispute must be taken up between the designated representative of the Director of Corrections, the employee and the Shop Steward within fifteen ( 15) days after knowledge of occurrence of grievance. The grievance must include the following information:

1. Statement ofgrievance and relevant facts.

2. Specific provisions ofthe contract allegedly violated.

3. Remedy sought.

STEP 2 Ifno agreement is reached at step 1, the Union within fifteen( 15) days, may request the designated representative of the Director of Corrections to meet with the Union and the grievant(s) to attempt to settle the dispute.

STEP 3 Ifno agreement is reached at step 2 The Union within ten( 10) days, may submit the dispute in writing to the Cowlitz County Commissioners and the Human Resources Director.

STEP 4 Arbitration.

A. Within seven ( 7) calendar days of Employer' s receipt of the request for arbitration for any Disciplinary Grievances, the Employer and Union shall submit a request to the Director of PERC to assign an arbitrator from the Law Enforcement Arbitrator Roster. Disciplinary Grievances are defined as a dispute or disagreement regarding any

disciplinary action, discharge, or termination decision arising under this collective bargaining agreement.

B. Within seven( 7) calendar days of Employer' s receipt of the request for arbitration, for any other grievances, the Employer and Union will attempt to agree on a neutral arbitrator to hear the grievance, and with mutual agreement may submit multiple grievances to the same arbitrator. If the parties are unable to reach agreement on an arbitrator, and within seven( 7) calendar days of the date ofthe Union request to refer the grievance to arbitration, the Union will mail a request for panel offive (5) members of the National Academy of Arbitrators with their principal place of residence in Washington or Oregon from the American Arbitration Association. Within ten ( 10) calendar days of receiving the list, the parties will alternately strike names from the list, with the moving party to strike the first name, until one name remains, and he/she shall serve as arbitrator. Either parry may require that an official record of the proceedings be prepared by a professional reporter and that a copy be provided to the arbitrator.

The decision ofthe arbitrator shall be final and binding on the parties, and on all employees subject to this Agreement, but the arbitrator will confine his/her decision to the interpretation and application ofthe specific provisions ofthis Agreement which have been placed in issue by the parties, and will have no authority to enlarge, diminish, alter, amend or in any way modify the terms of this Agreement.

Each party will pay one- half('/ 2) ofany fee to obtain the arbitrationpanel, but will bear its own costs and expenses in any such arbitration proceeding. The losing party ( to be designated by the arbitrator) will pay the full cost ofthe arbitrator' s fees and any out-of-pocket orper diem expenses. The cost of all reporting and transcript fees shall be the responsibility ofthe parry making the request unless the other party requests the opportunity to inspect and/or use the transcript for any purpose other than confirming its accuracy, in which event the cost shall be equally divided.

Exclusive Remedy. It is specifically understood and agreed that the grievance procedure established in this Article 14 is the exclusive procedure for use by all bargaining unit employees and the Union for bringing or asserting any claim allegedly arising under any provision ofthis Agreement, but shall not waive an employee' s right to bring claims under any applicable federal or state law.

Time Limits. Failure to file or appeal a grievance within the time limits ( or any mutually agreed written extension) will waive all right to relief. Failure by the employee or the Union to submit the grievance in accordance with these time limits shall constitute an abandonment of the grievance. Failure ofEmployer to respond within the time limits( orany extensionmutually agreed to inwriting in advance) will cause the grievance to automatically be referred to the next step of the grievance procedure unless earlier withdrawn by the Union.

Settlements. Settlement of any grievance at Step 1 will be final and binding but will not be precedential as to any ofthe issues involved in the grievance, nor can it be used by either party to establish apast practice or interpretation ofthe relevant contract provisions in any future grievance. The Union shall have the right to appeal any proposed grievance settlement at Step 1.

ARTICLE 15 - HEALTH AND WELFARE

15. 1 Effective January 1, 2025, the County monthly contribution per employee will be$ 1718.49 towards the FW Medical Plan, D-6 Dental Plan, V-4 Vision Plan. Any amounts in excess of that shall be paid by the employee through payroll deduction.

15. 2

15. 3

Effective January 1, 2026, the County monthly contribution per employee will be$ 1, 781.49 towards the FW Medical Plan, D-6 Dental Plan, V-4 Vision Plan. Any amounts in excess of that shall be paid by the employee through payroll deduction.

Effective January 1, 2027, the County contribution will be a 95%/ 5% ( ninety-five percent/five percent) split ofthe increases or decreases( ifany) for the FW Medical Plan, D-6 Dental Plan, V-4 Vision Plan and R-3 Retiree Plan on the prior plan year as compared to the new plan year.For example ifthe prior plan year the County is paying$ 1, 000 per month for premiums and the new plan year premium increases $ 100 the County will contribute an addition$ 95 for a total of$ 1, 095 a month. In this scenario, if the premium decreases$ 100, then the County will reduce its contribution by$ 95, for a total contribution of$905 a month. Any amounts in excess ofthat shall be paid by the employee through payroll deduction.

ARTICLE 16 - BEREAVEMENT LEAVE

16. 1 Immediate Family. Upon the death ofan" immediate family" member, employees will be allowed up to twenty-four( 24) hours offwith pay to grieve, assist in making arrangements and attend the services. " Immediate family" means spouse, parent, grandparent, brother, sister, in-laws, child( including adopted children), grandchild, aunt, uncle, niece or nephew, or any other person related by blood or marriage regularly residing in the employee' s household at the time ofdeath. Employees who require additional time offmay request personal leave.

16. 2 Other Relatives/ Friends. Upon the death of other relatives or friends, employees will be allowed up to one ( 1) unpaid day ofbereavement leave to attend the funeral or services.

16. 3 Pay and Benefit. Ifan employee is on vacation leave, the employee may change his vacation leave to bereavement leave. Employees granted bereavement leave under Section 16. 1 may additionally use any earned floating holiday time and then any remaining earned vacation time. Pay will be based upon the straight- time hours of work ( at the employee' s regular base wage rate) actually scheduled and missed as a result ofthe bereavement.

ARTICLE 17— RETIREMENT

17. 1 The County shall continue to participate in the PERS retirement program for the duration of this agreement. The present retirement plans orthe legally required successorplans shall be in effect for the duration of this agreement.

ARTICLE 18— SALARIES/ LATERAL ENTRY

18. 1 Effective January 1, 2008, all employees shall be paid in accordance with Salary Schedule in Appendix A ofthis contract. No employee's rate ofpay shall exceed the maximum exhibited in the schedule on Appendix A of this contract for the classification to which the employee is assigned. All salaries are computed based on a Two Thousand Eighty (2080) hour year.

18. 2 New Sergeants shall start at step one oftheirrespective classification and shall advance to the next higher step on the first day of the month closest to their anniversary date provided they achieve and maintain the standards set forth in Appendix C.

18. 3 Lateral Entry Employees. Qualified lateral entry applicants may be hired providing:( 1) their department seniority starts with their first day of employment; and( 2) they satisfactorily complete a twelve (12) month probationary period.

New lateral entry employees who have between one( 1) and three( 3) years ofexperience shall start at step 2 of the salary schedule on Appendix A of this contract; those who have between three ( 3) and six ( 6) years of experience shall start at step 3 of the salary schedule on Appendix A of this contract.

NO LATERAL ENTRY EMPLOYEE SHALL HAVE A STARTING SALARY BEYOND STEP 3 OF THE SALARY SCHEDULE ON APPENDIX A OF THIS CONTRACT.

Lateral entry employees shall advance to the next higher step on the first day ofthe month closest to their anniversary date.

18. 4 For each eight( 8)- hour shift an employee is assigned to work and works in a higher rank or classification in the Cowlitz County Jail, that employee shall be paid per Article 18.5. Employees who serve in a classification not covered by this labor agreement in atemporary status but in excess ofthirty( 30) days shall be allowed to return to this bargaining unitwithout loss ofseniority provided such return is within one ( 1) year ofleaving this bargaining unit. Seniority shall not accrue within this bargaining unit while an employee is serving in a capacity outside the bargaining unit.

18. 5 Employees promoted to apositionwhose minimum salary is higher than the minimum salary ofthe position held just prior to promotion shall move to step 1 ofthe higher position or the step which would provide a minimum 5% increase, whichever is greater. Eachyear afterpromotion they shall move to the next step but no higher than step 3.

18. 6 Ifa Corrections Sergeant is demoted due to a disciplinary situation, voluntarily demotes, or he/she does not pass probation, as determined by the County and the County approves the Sergeant reverting back to Corrections Officer, he/she shall maintain his/her current seniority date for bidding purposes.

ARTICLE 19 - NON- DISCRIMINATION

19. 1 The Employer and the Union agree not to discriminate against any employee because ofrace, religion, creed, color, national origin, marital status, sex, age, political affiliation,union membership and union related activities, or because of disabled or developmentally delayed status.

19. 2 All references to employees in this Agreement designate both sexes and when the male gender is used, it shall be construed to include both male and female employees.

19. 3 The Employer and the Union recognize the County's Affirmative Action Plan and the procedures established therein which guarantee Equal Employment Opportunity.

ARTICLE 20 - DURATION OF AGREEMENT

This agreement shall be in full force and effect from January 1, 2025 to and including December 31, 2028, and shall continue in effect from year to year thereafter unless either party gives notice in writing at least sixty( 60) days prior to any expiration or modification date ofits desire to terminate or modify such agreement.

ARTICLE 21 - WAIVER CLAUSE

The parties acknowledge that each has had the unlimited right within the law and the opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, management and the union for the duration of this Contract, each agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Contract.

ARTICLE 22— EMPLOYMENT PRACTICES

23. 1 The Union recognizes that the Employer has the authority to change payroll dates. The Department agrees to notify the Union at least sixty ( 60) days prior to such change.

23. 2 The Union agrees to follow Cowlitz County Active Duty Continued Health Care Benefits Policy.

ARTICLE 23— UNION BUSINESS

23. 1 Negotiating Committee— The Union may select from its members a committee oftwo( 2) to serve with representatives in negotiating with the Employer. Negotiations shall be conducted at mutually agreed times and places.

23. 2 Payment of Wages While Negotiating— Two( 2) members ofthe bargaining unit negotiating team will be paid their usual wage whenever negotiations are scheduled during normal working hours.

23. 3 Union Representatives — The Union shall keep the employer informed of the names and positions ofUnion Officers and representatives.

23. 4 Union Meetings — With prior approval by the Director or Designee, the Union may hold Union meetings on the premises of the County' s facilities on employee' s own time, subject to availability.

ARTICLE 24— 12 HOUR SHIFTS

24. 1 Schedule. For Clarification purposes, the Cowlitz County Corrections Sergeants qualify for the exemption under section subsection 7( k) of the federal Fair Labor Standards Act FLSA") and 29 CFR § 553.201 as law enforcement personnel, specifically as " security personnel in correctional institutions." Ifat any time, the Corrections Sergeants are found by a competent court or agency not to be eligible under Section 7(k) or ifthe County discontinues the twelve (12) hour shift/twenty-eight( 28) day work period, both parties will convene to discuss the transition ofCorrections Sergeants who are working a twelve (12) hour shift/twenty-eight (28) day work period to a schedule ofeight hour shifts worked on five (5) consecutive days followed by two (2) consecutive days off.

For a portion of the Corrections Sergeants staff, excluding those assigned to specialty positions, a twelve (12) hour shift/twenty-eight( 28) day work period shall be instituted. The work schedule shall consist ofthree (3) or four( 4) twelve ( 12) hour shifts to be worked during a calendar week, and eligibility for overtime pay, ifany, shall be determined based on a twenty-eight( 28) day work period as provided by FLSA § 7(k), with the exception that overtime shall be paid for hours in excess ofone hundred sixty (160) worked during any twenty-eight (28) day work period. Overtime also shall be paid for any time worked in excess of a regularly scheduled [ 12-hour] shift.

Twelve (12) hour shifts shall be bid by seniority whenever possible.

The parties anticipate the following schedule based on a twenty-eight (28) day work period:

Work 14 days in each 28 day work period cycle.

14 days x 12 hours per shift= 168 hours

Plus 4 training hours per 28 day work period= 172 hours

Minus 12 hour lottery day= 160 hours worked 160 hours x 13 28- day work period cycles = 2080 hours per year

24. 2 Lottery Days. Employees assigned to a twelve (12) hour schedule will be credited with one twelve ( 12) hour lottery day in each twenty-eight( 28) day work period cycle. This time will be credited to each employee' s balance at the end ofthe twenty-eight (28) day work period. Lottery days must be scheduled during the window period for the upcoming year. Scheduling for the lottery days will be by seniority and must be approved by a supervisor. This lottery day may not create a scheduled overtime unless the shift is normally staffed below minimum standards. Any changes to scheduled lottery days must be approved by a supervisor.

24. 3 Training Days. Employees will be scheduled to work four( 4) hours oftraining, as determined by the department, in each twenty- eight( 28) day work period. Supervisors will notify employees oftheir scheduled four( 4) hour training day at least ten ( 10) calendar days in advance. This four( 4) hour block of training is a part of the normal work schedule. Leave banks may be accessed to take training time offunless the training is designated as mandatory.

24. 4 Breaks. Employees on twelve ( 12) hour shifts shall be allowed two ( 2) one- half( 1/ 2) hour meal breaks. The first meal break shall begin no less than four( 4) hours, nor more than five 5) hours, after the beginning ofthe shift. The second meal break shall begin no less than four (4) hours, nor more than five ( 5) hours, after the end of the first meal break. Meal breaks shall be taken as workload permits; however, ifnot taken, no overtime shall be paid.

All employees on twelve (12) hour shifts shall be granted three (3) ten( 10) minute rest breaks. Each ten( 10) minute rest break shall be taken approximately midway through each four( 4) hours of work.

24. 5 Comp Time. Employees may accrue compensatory time up to a balance of forty-eight 48) hours.

In a calendar year employees may schedule twenty- four( 24) hours from their compensatory time offbank. Such time would be granted even ifthe request causes staffing levels to drop below minimum.

24. 6 Year End Lottery Day. For bookkeeping and auditing reasons the Employer is required to close out its annual fiscal responsibility on December 31 of each calendar year and the last twenty- eight( 28) day cycle leaves one ( 1), or two (2) days (in a leap year) remaining each year. In order to ensure that all employees' interests are protected and to facilitate the commencement ofa twenty-eight( 28) day cycle on January 1 of each new calendar year the employer will close out the ending ofthe calendar year in accordance with accounting requirements. A new twenty eight( 28) day cycle shall commence on January 1, of each successive calendar year.

One ( 1) or two (2) days (in a leap year) will not be part of either the last twenty-eight (28) day cycle ofthe year or the first twenty-eight (28) day cycle ofthe following year and will not appear on either schedule.

For scheduling purposes, these one ( 1) or two ( 2) days at the end of the year will be considered a continuation ofthe previous cycle, and those employees who would normally be scheduled to work, will be the ones to work these days.

Employees who work these" non- scheduled" days shall receive a like amount of" lotto time" off to be requested, scheduled, and taken within the next calendar year. Scheduling" lotto time" off is to be by approval ofthe Director or designee ofthe Director. Once scheduled, it may only be denied in the event of an emergency endangering or substantially impairing County services to

the public, or in situations which may have developed beyond the control of the County. Employees who fail to schedule this time off in a timely manner may have the time scheduled off by the County.

Overtime shall be computed for the aforementioned days based upon all hours worked in excess oftwelve (12) hours in a workday. Employees who are off duty on the aforementioned days shall not be debited sick, vacation, compensatory time, or other leave.

24. 7 Holidays. Sergeants receive forty- eight( 48) non- accruable floating holiday hours for each calendar year. Floating holiday hours may be utilized in either eight( 8), or twelve ( 12) hour increments, depending on the schedule the sergeant is on. Holidays will be treated as any other day, as per current collective bargaining agreement.

24. 8 Leave Accrual. For Corrections Sergeants who are working a twelve ( 12) hour shift, holiday, vacation and sick leave accruals shall continue to accrue at the rate of eight ( 8) hours per month. Bonus vacation hours shall continue to accrue per the collective bargaining agreement. To take a full shift off, twelve ( 12) hours of appropriate leave must be used. Employees shall be compensated for holidays per the collective bargaining agreement. No employee on a twelve (12) hour shift shall be entitled to any benefits greater than the employees who work an eight( 8) hour per day, forty( 40) hour per week schedule.

Employees shall be allowed up to twenty-four( 24) hours ofbereavement leave. Bereavement leave shall be granted per Article 16 of the Collective Bargaining Agreement.

24. 9 Vacation Time. Vacation will be granted with the same guidelines as used when on eight 8) hour shifts. Ifa vacation day causes a force it will not be approved if it was requested on short notice, ( 12 hours).

In the event the Corrections Officers revert back to eight ( 8) hour shifts and the Sergeants remain on twelve ( 12) hour shifts, vacation will be granted with the same guidelines as current practice with an exception for the period of 0600- 1800. If the time off does not create overtime from 0800- 1600 hours, the vacation would be granted even ifit created overtime from 0600-0800 or 1600- 1800 hours.

24.10 Overtime Assignments. Corrections Sergeants may work up to eighteen ( 18) hours consecutively and must have at least six ( 6) hours off in between shifts. If a shift does not have a sergeant scheduled to work, the first step will be to determine the overtime needed.

Overtimes will initially be offered to all Sergeants available to work at least 6 hours ofthe overtime. Ifa Sergeant is available to take all 10, or 12 hours he/she may do so, or he/she may take 6 hours of the overtime and the remaining hours will continue to be called for in its entirety. Example: Ifyou have a 10 hour block ofovertime to be offered, the Sergeant has the option ofeither accepting all 10 hours of the overtime or he/ she may take 6 or 4 hours of the overtime. Overtime, 6 hrs or less will initially be offered to all Sergeant available to work it in its entirety. Ifyou are unsuccessful in filling

the overtime, the block of time remaining will then be offered to all those who expressed interest in working partial increments when you initially called for the overtime. Any increments less than 3 hours must be offered as an early call and/or holdover.

8 hour overtimes can be offered as either an eight hour block, or two 4 hour blocks. An exception is made for any 8 hour overtime from 1600 to 0000. In this circumstance, you can offer the first two hours ( 16- 18) to the oncoming 12 hour, or off-going 8 hour personnel. The other 6 hours ( 18- 00) can be filled as a 6 hour block to anyone eligible to work. If an employee is eligible to work all 8 hours, and elects to do so, he/ she may take the entire block.

If,at the time the overtime is being called, there exists two overtimes equaling eight consecutive hours( i.e. 16- 18 and 18- 00)— those overtimes should first be combined and called as an eight hour block. However, this does not apply to overtimes longer or shorter than eight hours total( i.e. 12- 18 and 18- 00 is not called as one 12 hour block).

Ifthe shift cannot be filled voluntarily by sergeants or OIC' s, then a sergeant would be forced to take the overtime.

Procedure for forcing sergeants: Forced overtime cards shall be placed in a box in reverse seniority. The sergeant in the front ofthe box shall be forced, provided they have not worked or will not have worked in excess ofeighteen (18) hours in a twenty-four( 24) hour period. Their card will then be moved to the back of the box.

24. 11 Termination ofAgreement. The Cowlitz County Corrections Department and the Corrections Sergeant— Teamsters Local# 58, hereby reserves the right to unilaterally discontinue this practice at any time for any reason. Ifdiscontinued, the Corrections Sergeants will revert back to the eight( 8) hour shift schedule that was worked prior to the twelve ( 12) hour schedule.

SIGNED this day of 12026

CHAUFFEURS TEAMSTERS AND HELPERS BOARD OF COUNTYCOMMISSIONERS

LOCAL# 58 OF COWLITZ COUNTY, WASHINGTON

Justin Baptisa, Business Representative

Richard R. Dahl, Chairman

Steve Rader, Commissioner

ATTEST:

Kelly Grayson, Clerk of the Board

Steven L. Ferrell, Commissioner

APPENDIX A

TEAMSTERS LOCAL 58 AND COWLITZ COUNTY

CORRECTIONS DEPARTMENT

SERGEANTS SALARY SCHEDULE

Effective January 1, 2025 all classifications listed in Appendix A will be increased by 22% twenty two percent).

Effective January 1, 2026, all classifications listed in Appendix A will be increased by 5. 5% five and one halfpercent).

Effective January 1, 2027, all classifications listed in Appendix A will be increased by equal to 100% of the CPI- West Size Class B/ C ( June to June) with a floor of 3% ( three percent) and a ceiling of 5% ( five percent).

Effective January 1, 2028, all classifications listed in Appendix A will be increased by equal to 100% of the CPI- West Size Class B/ C ( June to June) with a floor of 3% ( three percent) and a ceiling of 5% ( five percent).

Ifa Correction Sergeant is not firearms qualified or becomes non firearms qualified at any time for any reason the top step for the non-firearm qualified Correction Sergeant will be Step 3. Correction Sergeants will move thru the steps as outlined in Article 18.

Effective January 1, 2027, first step Sergeant shall make a minimum of 5% ( five percent) more than the top step Corrections Officer wage without longevity.

LONGEVITY PAY

Bargaining unit members who have completed 120 months in Corrections for Cowlitz County will receive each month, in addition to all other compensation that they receive from the County, longevity pay in an amount equal to 2. 0% percent oftheir monthly base wage.

Bargaining unit members who have completed 180 months in Corrections for Cowlitz County will receive each month, in addition to all other compensation that they receive from the County, longevity pay in an amount equal to 3. 0% percent oftheir monthly base wage.

Bargaining unit members who have completed 240 months in Corrections for Cowlitz County will receive each month, in addition to all other compensation that they receive from the County, longevity pay in an amount equal to 4. 0% percent oftheir monthly base wage.

3 Bargaining Note: Upon ratification of this contract, Sergeant Steven Caldwell shall revert to Step 1 of the Sergeants' pay scale and will progress through the steps as defined in Article 18. 2 of this contract, receiving his next step increase on the first day ofthe month closest to the date of his promotion to sergeant.

Bargaining unit members who have completed 300 months in Corrections for Cowlitz County will receive each month, in addition to all other compensation that they receive from the County, longevity pay in an amount equal to 5. 0% percent oftheir monthly base wage.

All ofa bargaining unit member's service time within the County's Corrections Department will be counted when the amount of longevity pay that the member is entitled to receive is being determined. Thus, time spent in both bargaining unit and non-bargaining unit positions within the Corrections Department will be counted for this purpose. In addition, if a bargaining unit member has had a break in service with the County's Corrections Department, time spent in the Corrections Department before the break in service will also be counted when the amount of longevity pay that the member is entitled to receive is being determined( this provision is intended to include all time spent as a Corrections Officer, Sergeant or Captain only). Effective 01/ 01/ 2025

01/ 01/ 2026

APPENDIX B

CORRECTIONS SERGEANTS

2 shirts ( wash and wear) with all patches, badges, and names

2 polo shirts (wash and wear) with badges and names

3 pair pants ( wash and wear)

1 heavy winter coat

1 jacket

1 dress belt

1 pair footwear

1 handcuff case

1 pair handcuffs

1 key holder

1 O/ C holder

1 can of O/ C ( once certified)

1 2- way radio with holder

1 ear piece or mic w/ necessary accessories

1 suicide knife w/ holder

1 CPR mask( once certified) & kit

1 pipe holder

4 belt keepers

Class A shoes

Narcan holder and Narcan

Personnel who are firearms qualified shall be issued the following additional items:

1 gun belt

1 handcuff case

1 key holder

1 O/ C holder

1 Magazine holder

1 Ballistic Vest

1 Firearm holster

Per each Corrections Sergeant a " one- time only" purchase of 1 external vest carrier with molle attachments and the attachments that allow for Taser, Magazine pouches and radio pouches.

APPENDIX C

EVALUATION PROCEDURES AND APPEAL

Evaluations will be conducted by the employee' s immediate supervisor; providing that the employee has been working under his/her supervision for at least ninety ( 90) days prior to the evaluations. Employees on shift for less than 90 days will be evaluated by their previous supervisor.

Evaluations will consist of written evaluation by the supervisor, a self-evaluation, and an interview with the supervisor to compare and discuss the evaluations. Both evaluations will be maintained in the employee' s file.

If a disagreement should arise, the employee has the right to appeal the supervisor' s evaluation through the following steps:

1. Advise the supervisor that you wish to appeal the evaluation.

2. The supervisor will arrange a review of the evaluation with the Director, and the supervisor who wrote the evaluation.

3. If a satisfactory agreement cannot be reached, the Director of Corrections will conduct an informal investigation by gathering peer evaluations andpast evaluations.

4. Iffurther appeal is necessary, the employee may follow formal grievance procedures through the Union.

LETTER OF UNDERSTANDING BETWEEN: COWLITZ COUNTY AND

TEAMSTERS LOCAL UNION No. 58 CORRECTIONS SERGEANTS

This agreement is between Cowlitz County and Cowlitz County Teamsters Local 58 Correction Sergeants for the purpose ofclarifying the current practice of approving time offrequests.

Schedules for the upcoming month will be posted no later than the 25th of each month. Prior to the schedules being posted two ( 2) people will be allowed to be scheduled off each shift. An officer at the academy will not count as one of those people.

After the schedule has been posted, all time off requests will be granted/denied based on their respective articles of the current collective bargaining agreement. An officer at the academy will not count as a person scheduled offtheir shift.

Cowlitz County and Teamster Local# 58 hereby reserves the right to unilaterally discontinue this practice at any time for any reason.

By entering into this LOU, neither party is waiving any bargaining rights, either now or in the future. The parties also hereby agree that this LOU should not be accorded any precedential value whatsoever in any future disputes that may arise between the parties except to enforce this LOU.

Dated:

Teamster Local Union No. 58

Cowlitz County

Memorandum of

Understanding

between Cowlitz County and Cowlitz County Teamsters Local 58 Correction Sergeants

This agreement is between Cowlitz County and Cowlitz County Teamsters Local 58 Correction Sergeants for the purpose ofimplementing House Bill 1087, 1323, 1732, and 1733 and adding a new voluntary option as an alternative to the Long Term Care State Plan.

Beginning July 1, 2023 the State of Washington through the Employment Security Department will collect a new employee paid premium as defined in House Bill 1087, 1732, and 1733. The employee paid payroll premium will fund the program for a new Long Term Care state benefit administered through Employment Security Department.

House Bill 1323 passed in 2021 and House Bill 1733 allows for an " Exempt Employee" and that employee must demonstrate the listed exemption to the Employment Security Department. Employment Security Department must accept these applications for exemption and once approved by Employment Security Department the employee must provide the approval to the Human Resources Department to be exempt from the employee premium assessment.

The County offered a new voluntary long term care benefit option effective July 1, 2021. For anyone who applies and is approved through the vendor, the County will take the benefit deductions through payroll. The County reserves the right to start, stop, or change the vendor orthe payroll deduction but will provide written notice of any ofthese actions to the Bargaining Representative at least 30 calendar days prior to the action(s) taking effect.

By entering into this MOU, neither party is waiving any bargaining rights, either now or in the future. The parties also hereby agree that this MOU should not be accorded any precedential value whatsoever in any future disputes that may arise between the parties except to enforce this MOU.

FOR THE EMPLOYER

FOR THE UNION

Date

Date Date