Regular Meeting Agenda 03.10.26 by cowlitzwa.gov

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Grayson, Clerk of the Board

Regular Public Meeting

March 10, 2026, 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Invocation by Invitation

 Pledge of Allegiance

 Minutes of March 2-3, 2026

 Consent Agenda of March 10, 2026

 Agreements/Contracts/Bid Awards

 Board Correspondence

 Public Hearing

 Public Comments

ZOOM Link KLTV Link

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Agreements/Contracts/Bid Award

Finance Department

Phone Option: (253) 215-8782 Webinar ID: 820 1961 3917 Live Stream Print Agenda

1.Interlocal Agreement with the City of Kelso to provide District Court Services. (14731)

2.Agreement with the City of Castle Rock for the Six Rivers Regional Trails System Phase II Project. The total amount is $70,800 from the Washington State Fuel Taxes for Paths and Trails. (14733)

Public Works

3.Retainage Bond from Advanced Excavating Specialists, LLC for the Leachate Line Emergency Repair. (14737)

Building & Planning

4.Interlocal Agreement with the City of Woodland for Plans Examiner and Building Inspection Services. (14734)

Prosecuting Attorney

5. Interagency Agreement with the Washington State Department of Commerce for the 2026 Victim Witness Domestic Violence Specific Grant to provide funding that strengthens Victim/Witness Assistance Program Activities and Services for Domestic Violence Victims. The total grant amount is $31,635.00. (14744)

Regular Public Meeting

March 10, 2026, 9:00 a.m.

Board Correspondence

6. Letters/Notices

a.Letter dated 3/10/2026 to Kimberly Lefebvre appointing her to the Fair Board. This is a 4-year term that expires October 31, 2028. (14732)

b.Letter dated 3/10/2026 to Paul Helenberg appointing him to the Public Facilities District. This is a 4-year term that expires February 28, 2030. (14742)

c.Letter dated 3/10/2026 to Mik Hendrickson extending sincere appreciation as his service on the Public Facilities District Board concludes. (14743)

d.Letter dated 3/10/2026 to Governor Bob Ferguson expressing support for the reappointments of Milly Linville and Jim Anderson to the Washington Department of Fish & Wildlife. (14741)

e.Federal Energy Regulatory Commission (FERC) Notice dated 3/4/2026 regarding the 2025 Dam Safety Inspection Follow-Up, Swift No. 2 Project. (14736)

f.Letter dated 2/24/2026 from the Department of Ecology regarding Consultation Re Phase 2 of the Auvil Fruit Water Banking Project SEPA Determination of NonSignificance. (14738)

7. Executed Letters/Agreements/Contract

a.Signed Resolution #26-012 for the Declaration of Emergency in the matter of Damages of Leachate Transmission Line serving Headquarters Landfill. (14736)

Vouchers

The following vouchers/warrants are approved for payment.

296692-297234 1,377,029.53

$ 1,407,351.08

Public Hearings

Public Works

8. 9:30 a.m. – Resolution/Order Granting a ten (10) year Non-exclusive Telecommunications Franchise to Ziply Fiber for Telecommunication Systems and Appurtenances within the County Rights-of-Way. (14735)

Work Session

 10:00 a.m. – Kelso/Longview Chamber of Commerce

Regular Public Meeting

March 10, 2026, 9:00 a.m.

Updates

Chairman Updates

Upcoming Meetings:

 Tuesday, March 24th @ 10 a.m. – Department of Ecology

 Tuesday, March 31st @ 10 a.m. – Board of Health

 Tuesday, April 14th @ 10 a.m. – Mount St. Helens 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.

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

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

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

 ZOOM Invitation Address (for all meeting days):

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

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

BOCC Agenda

Meeting Date: 03/10/2026

Interlocal Agreement for District Court Services with Kelso

Submitted For: Shawn Roewe

Submitted By: Taunya Richardson Department: Office of Financial Management

Information

Subject and Summary Statement

Interlocal agreement for District Court Services with the City of Kelso beginning January 1, 2026.

Will Staff Attend - NAME OF STAFF

Shawn Roewe, Finance Director

Department Recommendation

Staff recommends approval and signature of the Interlocal Agreement with the City of Kelso to provide District Court services for 2026 and to automatically renew unless terminated in accordance with RCW 3.50.805. Rates were negotiated for the first 4 years of the contract and will be reset for years 2030 and beyond.

Attachments

Kelso Interlocal Agreement for District Ct Costs

Form Review

Form Started By: Taunya Richardson

Started On: 03/02/2026 08:03 AM

BOCC Agenda

Meeting Date: 03/10/2026

AGREEMENT - Cowlitz County Paths and Trails - City of Castle Rock

Submitted For: Shawn Roewe, Public Works

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

Information

Subject and Summary Statement

Attached is an agreement with the City of Castle Rock to provide funding assistance for their Six Rivers Regional Trails System Phase II Project in the amount of $70,800 utilizing the County's share of statewide fuel taxes dedicated to Paths and Trails. This project will extend the Riverfront Trail, install pedestrian-friendly lighting and a pedestrian crossing.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation that the Board move to enter into this agreement with the City of Castle Rock.

Fiscal Impact

Expenditure Required $: 70,800

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Paths & Trails

Grant Y-N:

Agreement

Inbox

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Final Approval Date: 03/04/2026

Attachments

Form Review

Reviewed By Date

Mike Moss

03/03/2026 04:46 PM

Started On: 03/03/2026 01:02 PM

AS-14737

BOCC Agenda

Meeting Date: 03/10/2026

Retainage Bond from Advanced Excavating Specialists, LLC for the Leachate Line Emergency Repair

Submitted For: Susan Eugenis

Submitted By: Kelly Grayson, Clerk of the Board Department: Public Works

Information

Subject and Summary Statement

Retainage Bond from Advanced Excavating Specialists, LLC for the Leachate Line Emergency Repair.

Will Staff Attend - NAME OF STAFF

Yes - Susan Eugenis

Department Recommendation

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

Attachments

Bond

Form Started By: Kelly Grayson

Final Approval Date: 03/04/2026

Form Review

Started On: 03/04/2026 08:16 AM

BOCC Agenda

Meeting Date: 03/10/2026

Interlocal Agreement with City of Woodland relating to Building Code Administration, Plans Examination, and Building Inspection Services

Submitted For: Traci Jackson

Submitted By: Traci Jackson Department: Building & Planning

Information

Subject and Summary Statement Agreement with City of Woodland

Will Staff Attend - NAME OF STAFF

Mike Wilson

Department Recommendation

The Department recommends the Board of County Commissioners enter into Interlocal Agreement with the City of Woodland for Plans Examiner and Building Inspection Services.

Attachments

ILA with Woodland

Form Started By: Traci Jackson

Form Review

Started On: 03/03/2026 02:29 PM Final Approval Date: 03/04/2026

BOCC Agenda

Meeting Date: 03/10/2026

Interagency Agreement WA State Dept of Commerce Grant SFY 2026 Victim Witness DV Specific Grant

Submitted For: Julie Miller

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

Information

Subject and Summary Statement

Interagency Agreement with the Washington State Department of Commerce for the 2026 Victim Witness Domestic Violence Specific Grant to provide funding that strengthens Victim/Witness Assistance Program Activities and Services for Domestic Violence Victims. The total grant amount is $31,635.00.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments Agreement

Form Review

Form Started By: Kelly Grayson

Final Approval Date: 03/05/2026

Started On: 03/05/2026 01:06 PM

Interagency Agreement with Cowlitz County Prosecutor's Office through Office of Crime Victims Advocacy Community Services Division

Grant Number: S26-31115-026 For SFY 2026 Victim Witness DV Specific Grant

Dated: 02/01/2026

Face Sheet

Washington State Department of Commerce Community Services Division Office of Crime Victims Advocacy SFY 2026 Victim Witness DV Specific Grant

Contract Number: S26-31115-026

1. Contractor

2. Contractor Doing Business As (as applicable) COWLITZ COUNTY ADM ANNEX DBA PROSECUTING ATTORNEY KELSO, WA 98626 Cowlitz County Prosecutor's Office

3. Contractor Representative

Julie Miller Office Administrator millerj@co.cowlitz.wa.us (360) 577-3080

5. Contract Amount

Funding Source

COMMERCE Representative

Cheryl Rasch Program Manager (360) 725-5034 cheryl.rasch@commerce.wa.gov PO Box 42525 98504-8304

1011 Plum Street SE Olympia WA 98501

End Date $31,635.00

9. Federal Funds (as applicable) N/A

14. Award Method

Competitive: No

Direct: Authorized by Funding Source

15. Grant Purpose

NOFO/RFX # SFY 2026 Victim Witness DV Specific Grant

To provide funding that strengthens Victim/Witness Assistance program activities and services for Domestic Violence victims.

COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work; Attachment “B” – Budget; and Grantee’s Application for funding.

FOR CONTRACTOR

Name, Title

FOR COMMERCE

Cindy Guertin-Anderson, Assistant Director

Signature

Date

APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE

1. AUTHORITY

Special Terms and Conditions

COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW.

2. BILLING PROCEDURES AND PAYMENT

COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly.

The Grantee shall submit all requests for reimbursement via the Commerce Contracts Management System (CMS) which is available through the Secure Access Washington (SAW) portal. The invoice shall include the Contract Number S26-31115-026.

If applicable, Contractor must also include attachments that describe and document, to COMMERCE's satisfaction, a detailed description of the work performed, progress of the project, and/or receipts or other proof of payment. Except for approved indirect costs, if any, or as otherwise authorized by COMMERCE in writing, a receipt must accompany every expense in the amount of $50.00 or more to receive reimbursement. COMMERCE may request additional documentation at any time.

Any expense reimbursed under this Contract which is later determined to be unallowable must be repaid according to the terms COMMERCE provides.

Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be made electronically utilizing Grantee’s Statewide Vendor (SWV) number.

COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract.

No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. No payments in advance of or in anticipation of any expense reimbursable under this Grant shall be made by COMMERCE.

If subgranting and/or subcontracting is authorized by COMMERCE, all Subgrantee/Subcontractor payments are reimbursable expenses within the meaning of this Agreement. Grantee must have, and may be required to demonstrate, the means to pay each and every Subgrantee/Subcontractor. Failure to pay Subgrantees/Subcontractors as agreed may result in suspension or termination of this Grant.

Invoices and End of Fiscal Year

Invoices are due on the 20th of the month following the provision of services.

Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date.

The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date.

Duplication of Billed Costs

The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service.

Disallowed Costs

The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors.

Unless otherwise authorized by COMMERCE in writing, reimbursable payroll costs shall not include employee overtime nor bonus pay.

COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.).

3. COMPENSATION

COMMERCE shall pay an amount not to exceed $ 31,635.00 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation for services rendered shall be based on the terms of the Scope of Work and Budget.

Expenses

Contractor shall receive reimbursement for approved expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $31,635.00 which amount is included in the Contract total above.

If travel is required to complete the scope of work and approved in advance in writing, reimbursable travel expenses may include airfare (economy or coach class only), other transportation, lodging, and food necessary during periods of required travel.

Transfer of funds between line item budget categories must be approved by the Office of Crime Victims Advocacy (OCVA) program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation between the Grantee and OCVA, including approval from the Grantee’s signature authority and the relevant OCVA Section Manager. Payment will be on a reimbursement basis only.

Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current travel rates may be accessed at: https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf

4. CONTRACT MANAGEMENT

The Representative 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 Contract.

The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract.

The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract.

5. FRAUD AND OTHER LOSS REPORTING

Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet.

6. GRANT MODIFICATION

Notwithstanding any provision of this grant to the contrary, at any time during the grant period, COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding.

Notwithstanding any provision of this grant to the contrary, at any time during the grant period, COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE

determines, in its sole discretion, that the grant funding is underutilized, COMMERCE, in its sole discretion, may unilaterally modify the grant to reduce the balance of the grant budget. Funds deobligated by COMMERCE as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities.

7. INSURANCE

Each party certifies that it is self-insured under the State's or local government self-insurance liability program and shall be responsible for losses for which it is found liable.

8. REPORTING

Grantees must collect and maintain data that measure the performance and effectiveness of work done under this grant.

If providing direct services or outreach, the Grantee shall submit data quarterly in the InfoNet data collection system, relative to the provision of SFY 2026 Victim Witness DV Specific Grant services. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter.

The Grantee shall submit non-personally identifying demographic, service and compliance data required by state funding sources in the InfoNet data collection system. The Grantee shall maintain documentation and records that support the data reported in InfoNet.

The Grantee shall establish and maintain written procedures for the security of InfoNet use at its site. Procedures shall include:

o Only authorized staff are provided access to the InfoNet data and files;

o Staff are informed of the need for security and confidentiality of data and files maintained in or available through the InfoNet system; and

o That the Grantee shall notify the Department Program Coordinator for this grant when an employee is no longer authorized to access the InfoNet system.

Additional narrative reports may be required. See the Application for Funding and/or Reporting Instructions provided for further details.

9. SUBCONTRACTOR DATA COLLECTION

Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minorityowned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier.

10. ORDER OF PRECEDENCE

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

Applicable federal and state of Washington statutes and regulations

Special Terms and Conditions

General Terms and Conditions

Attachment A – Scope of Work

Attachment B – Budget

SFY 2026 Victim Witness DV Specific Grant Application for Funding as submitted and approved by COMMERCE

1. DEFINITIONS

General Terms and Conditions

As used throughout this Contract, the following terms shall have the meaning set forth below:

A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf.

B. “COMMERCE” shall mean the Washington Department of Commerce.

C. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original.

D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor.

E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).

F. “State” shall mean the state of Washington.

G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.

2. ALL WRITINGS CONTAINED HEREIN

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

3. AMENDMENTS

This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

4. ASSIGNMENT

Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE.

5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION

A. “Confidential Information” as used in this section includes:

i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE;

ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and

iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law.

B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure.

C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within twenty-four (24) hours of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure.

6. COPYRIGHT

Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials.

“Materials” means all items in any format and includes, but is not limited to, data, 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.

For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.

The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor.

7. 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 the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.

8. GOVERNING LAW AND VENUE

This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

9. INDEMNIFICATION

Each party shall be solely responsible for the acts of its employees, officers, and agents.

10. LICENSING, ACCREDITATION AND REGISTRATION

The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract.

11. RECAPTURE

In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity.

Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract.

12. RECORDS MAINTENANCE

The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract.

The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.

If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

13. SAVINGS

In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions.

14. SEVERABILITY

The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract.

15. SUBCONTRACTING

The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE.

If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract.

Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release

or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties.

Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract.

16. SURVIVAL

The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive.

17. TERMINATION FOR CAUSE

In the event COMMERCE determines the Contractor has failed to comply with the conditions of this Contract in a timely manner, COMMERCE has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Contract may be terminated or suspended.

In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.

COMMERCE reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the Contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence.

The rights and remedies of COMMERCE provided in this Contract are not exclusive and are, in addition to any other rights and remedies, provided by law.

18. TERMINATION FOR CONVENIENCE

Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination.

19. TERMINATION PROCEDURES

Upon termination of this Contract, COMMERCE, in addition to any other rights provided in this Contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer.

COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability.

The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall:

A. Stop work under the Contract on the date, and to the extent specified, in the notice;

B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated;

C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause;

E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Contract had been completed, would have been required to be furnished to COMMERCE;

F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and

G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest.

20. TREATMENT OF ASSETS

Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.

A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Contract.

B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices.

C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage.

D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Contract.

E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors.

21. WAIVER

Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE.

Attachment A: Scope of Work

Cowlitz County Prosecutor's Office shall furnish goods and services necessary to accomplish the activities under the SFY 2026 Victim Witness DV Specific Grant funding during the grant period.

This Grant is not a benefit or entitlement to the Grantee. It is not to be used to acquire property or services for the government’s direct benefit. The principal purpose of this Grant is to provide funding for Cowlitz County Prosecutor's Office to accomplish a public purpose.

Funding from this Grant must be used to support the services outlined and approved in the SFY 2026 Victim Witness DV Specific Grant funding application for Domestic Violence Victims/Witnesses. Activities shall include, but not be limited to:

· advocacy on behalf of Domestic Violence client;

· courtroom/hearing support and accompaniment and preparation for the courtroom;

· providing information on victim’s rights;

· assistance with safety planning;

· providing information about the criminal justice process and status of the criminal case;

· assistance in procuring protection/no-contact/restraining/anti-harassment orders;

· assistance with information for filing claims with Crime Victims Compensation (CVC); and

· referrals to other agencies which can provide information or assistance to Domestic Violence clients.

DATA REQUIREMENTS

1. Grantees will submit quarterly reports on SFY 2026 Victim Witness DV Specific Grant activities to their grant manager.

2. Report data will be due in InfoNet no later than the fifteenth day following the end of each quarter. Additional narrative reports may be required. See the Application for Funding and/or Reporting Instructions provided for further details

DELIVERABLES

1. Services – As detailed above

2. Reports – As described in Special Terms and Conditions

3. Invoices – Must be submitted at least quarterly and as described in Special Terms and Conditions

PERFORMANCE MEASURES

Provision of the deliverables listed above will be measured using the following performance measures:

1. 90% of required reports will be submitted on time

2. 100% of required audits will be completed on time

Attachment B: Budget

20,235.00

7,060.00

4,340.00

31,635.00

Travel expenses incurred or paid by Grantee shall be reimbursed at a rate not to exceed the current state rate and in accordance with the State of Washington Office of Financial Management Travel Regulations. Current rates for travel may be accessed at https://ofm.wa.gov/sites/default/files/public/resources/travel/colormap.pdf

Any purchase over $10,000 must be pre-approved by COMMERCE.

DocuSign

Contract

Review and Routing

Office of Crime Victims Advocacy

Review ed by: Title: I verify that I have:

Grant Manager Proofed documents

Section Manager

Assistant or Managing Director

Matched approved Obligation Summary Memo and Allocation Spreadsheet Reviewed entry and coding in CMS

Correct template from IntraCOM has been used OR Documentation has been included with reason for exception

Form

Date:

Use if Grant Manager needs to verify Grantee submission before Assistant Director’s signature

Review ed by:

Title: I verify that I have:

Grant Manager Checked that Grantee has completed all required certifications and/or forms

Date:

Certificate Of Completion

Envelope Id: 773C4C5A-8BCA-4EFC-843C-C33E51ED4C32

Subject: OCVA SFY 2026 Victim Witness DV Specific Grant S26-31115-026 Cowlitz County Prosecutor Division:

Community Services and Housing Program: OCVA

ContractNumber: S26-31115-026

DocumentType: Contract Source Envelope:

Document Pages: 14

Certificate Pages: 5

AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada)

Record Tracking

Status: Original 2/27/2026 8:07:03 AM

Signatures: 2

Status: Completed

Envelope Originator:

Initials: 0 Kelly Tracy

1011 Plum Street SE MS 42525

Olympia, WA 98504-2525 kelly.tracy@commerce.wa.gov

IP Address: 198.239.10.248

Holder: Kelly Tracy kelly.tracy@commerce.wa.gov

Security Appliance Status: Connected Pool: StateLocal

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Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: Docusign

Signer Events

Cheryl Rasch

cheryl.rasch@commerce.wa.gov

Security Level: Email, Account Authentication (None)

Electronic Record and Signature Disclosure: Not Offered via Docusign

Jodine Honeysett

jodine.honeysett@commerce.wa.gov

VAWA Section Manager, OCVA

Security Level: Email, Account Authentication (None), Login with SSO

Electronic Record and Signature Disclosure: Not Offered via Docusign

Trisha Smith

trisha.smith@commerce.wa.gov

Managing Director

WA State Dept of Commerce

Security Level: Email, Account Authentication (None), Login with SSO

Electronic Record and Signature Disclosure: Not Offered via Docusign

Ryan Jurvakainen Jurvakainen.ryan@cowlitzwa.gov

Cowlitz County Prosecutor

Cowlitz County

Using IP Address: 198.238.8.135

Sent: 3/2/2026 7:04:43 AM

Viewed: 3/3/2026 6:30:00 AM

Signed: 3/3/2026 9:03:52 AM

Sent: 3/3/2026 9:03:53 AM

Viewed: 3/3/2026 9:05:51 AM

Signed: 3/3/2026 9:06:13 AM

Sent: 3/3/2026 9:06:14 AM

Viewed: 3/3/2026 10:21:28 AM

Signed: 3/3/2026 11:14:28 AM

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Electronic Record and Signature Disclosure: Accepted: 3/4/2026 8:55:46 AM

ID: 6a93f4fa-13d9-4d8f-ae0c-116b3b428b55

Sent: 3/3/2026 11:14:30 AM

Resent: 3/3/2026 11:28:51 AM

Viewed: 3/4/2026 8:55:46 AM

Signed: 3/4/2026 8:56:00 AM

Signer Events Signature

Cindy Guertin-Anderson cindy.guertin-anderson@commerce.wa.gov .Assistant Director, Commerce Washington State Department of Commerce Security Level: Email, Account Authentication (None)

Electronic Record and Signature Disclosure: Not Offered via Docusign In Person

Signature Adoption: Pre-selected Style Using IP Address: 147.55.240.101

Sent: 3/4/2026 8:56:01 AM

Viewed: 3/4/2026 9:26:14 AM

Signed: 3/4/2026 9:26:27 AM

Envelope Sent

Envelope Updated

Checked 3/3/2026 11:28:50 AM Certified Delivered

Checked 3/4/2026 9:26:14 AM

Signing Complete

Checked 3/4/2026 9:26:27 AM Completed Security Checked 3/4/2026 9:26:27 AM

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Meeting Date: 03/10/2026

Letter 3/10/26 Appointing Kimberly Lefebvre Fair Board

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Letter dated 3/10/2026 to Kimberly Lefebvre appointing her to the Fair Board. This is a 4-year term that expires October 31, 2028.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Letter

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 03/02/2026 03:53 PM Final Approval Date: 03/02/2026

Board of Cowlitz County Commissioners

March 10, 2026

Kimberly Lefebvre

Dear Ms. Lefebvre ,

Richard R. Dahl, Chairman District 3

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Kelly Grayson, Clerk of the Board

The Cowlitz County Board of Commissioners is pleased to appoint you to the Fair Board for a 4year term, expiring on October 31, 2028.

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Fair Board meets the 1st Wednesday of the month at 6:00 p.m. at the Cowlitz Regional Conference Center, 1900 7th Ave., Longview. If you have any questions, please don't hesitate to contact us at 360-577-3020.

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

Sincerely,

Board of County Commissioners of Cowlitz County, Washington

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

cc: Commissioner’s Record Event Center

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

207 North 4th Avenue

cowlitz@cowlitzwa.gov

Kelso, WA 98626

www.co.cowlitz.wa.us

BOCC Agenda

Meeting Date: 03/10/2026

Letter 3/10/26 Paul Helenberg appoint Public Facilities District

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Letter dated 3/10/2026 to Paul Helenberg appointing him to the Public Facilities District. This is a 4-year term that expires February 28, 2030.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Letter

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 03/05/2026 12:44 PM Final Approval Date: 03/05/2026

Board of Cowlitz County Commissioners

March 10, 2026

Mr. Paul Helenberg

Dear Mr. Helenberg ,

Richard R. Dahl, Chairman District 3

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Kelly Grayson, Clerk of the Board

The Cowlitz County Board of Commissioners is pleased to appoint you to the Public Facilities District Board for a 4-year term, expiring on February 28, 2030.

We sincerely appreciate your willingness to serve in this important role and are delighted by your commitment. The Public Facilities District Board meets the 3rd Wednesday of the month at 3:00 p.m. at the Cowlitz Regional Conference Center. If you have any questions, please don't hesitate to contact us at 360-577-3020.

Sincerely,

Board of County Commissioners of Cowlitz County, Washington

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

cc: Commissioner’s Record Event Center

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

207 North 4th Avenue

cowlitz@cowlitzwa.gov

Kelso, WA 98626

www.co.cowlitz.wa.us

AS-14743

BOCC Agenda

Meeting Date: 03/10/2026

Letter 3/10/26 Mik Hendrickson Appreciation for Service on Public Facilities Distric Board

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Letter dated 3/10/2026 to Mik Hendrickson extending sincere appreciation as his service on the Public Facilities District Board comes to a conclusion.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Letter

Form Started By: Kelly Grayson

Final Approval Date: 03/05/2026

Attachments

Form Review

Started On: 03/05/2026 01:01 PM

Board of Cowlitz County Commissioners

March 10, 2026

Mr. Mik Hendrickson

Dear Mr. Hendrickson ,

Richard R. Dahl, Chairman District 3

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Kelly Grayson, Clerk of the Board

The Board of County Commissioners would like to extend our sincere appreciation as you conclude your service to the Public Facilities District Board. Your dedication, efforts, and faithful service to the county over the years have been commendable, and your contributions have made a meaningful impact.

At this time, the position has been filled by another applicant. Opportunities on advisory boards frequently become available, and we encourage you to continue monitoring postings on the county website. Good government relies on public participation through citizen volunteer boards, and the board may appoint new members when openings occur, even when this involves replacing a current member.

Thank you again for your commitment and service. We hope you will consider participating in future opportunities to contribute to the county’s mission.

Sincerely,

Board of County Commissioners of Cowlitz County, Washington

Richard R. Dahl, Chairman

Steve Rader, Commissioner

Steven L. Ferrell, Commissioner

cc: Commissioner’s Record Event Center

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

207 North 4th Avenue

cowlitz@cowlitzwa.gov

Kelso, WA 98626

www.co.cowlitz.wa.us

Meeting Date: 03/10/2026

Letter 3/10/2026 Governor Bob Ferguson supporting reappointment of Molly Linnville and Jim Anderson

Submitted For: Kelly Grayson, Clerk of the Board

Submitted By: Kelly Grayson, Clerk of the Board

Department: Commissioners Office

Subject and Summary Statement

Information

Letter dated 3/10/2026 to Governor Bob Ferguson expressing support for the reappointments of Milly Linville and Jim Anderson to the Washington Department of Fish & Wildlife.

Will Staff Attend - NAME OF STAFF Department Recommendation

letter

Form Started By: Kelly Grayson

Final Approval Date: 03/05/2026

Attachments

Form Review

Started On: 03/05/2026 11:26 AM

March 10, 2026

Board of Cowlitz County Commissioners

Governor Bob Ferguson

Office of the Governor PO Box 40002 Olympia, WA 98504-0002

Dear Governor Ferguson:

Commissioners

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Grayson, Clerk of the Board

As County Commissioners representing the citizens of Cowlitz County, we write to express our strong support for the reappointments of Molly Linville and Jim Anderson to the Washington Department of Fish & Wildlife Commission.

In Cowlitz County, hunting and fishing are not abstract policy matters. They are part of daily life. They provide food for families, support small businesses, and sustain traditions that define our rural way of life. It is important that the Fish & Wildlife Commission include clear advocates for our community and for the protection of hunting and fishing rights.

Jim Anderson brings decades of experience in natural resources and has worked closely with Tribal partners, including the Northwest Indian Fisheries Commission. He understands the history, responsibility, and importance of preserving access to fish and wildlife resources for current and future generations.

Molly Linville offers the perspective of a rancher and land steward who understands firsthand the realities facing rural families and working lands. She recognizes that lawful hunting and fishing are deeply connected to our heritage, our local economies, and our sense of community.

At a time when many rural residents are concerned about maintaining access and opportunity, it is essential to have Fish & Wildlife Commissioners who understand and will stand up for these values. We believe Commissioners Linville and Anderson provide that voice and perspective.

Thank you for your consideration and for your commitment to ensuring that the Washington Department of Fish & Wildlife Commission reflects the interests of all Washington residents, including those in rural counties.

Sincerely, Board of County Commissioners Of Cowlitz County, Washington

Richard R. Dahl, Chairman

Steve Rader, Commissioner District 1

Steven L. Ferrell, Commissioner District 2

cc: Commissioner’s Record

Cowlitz County Board of Commissioners (360)577-3020

207 North 4th Avenue

Kelso, WA 98626

cowlitz@cowlitzwa.gov

www.co.cowlitz.wa.us

AS-14739 Consent e. BOCC Agenda

Meeting Date: 03/10/2026

Federal Energy Regulatory Commission (FERC) Notice dated 03/04/2026 regarding the 2025 Dam Safety Inspection Follow-Up, Swift No. 2 Project.

Submitted For: Pervie Nancy Reed

Department: Commissioners Office

Subject and Summary Statement

Submitted By: Pervie Nancy Reed

Information

Federal Energy Regulatory Commission (FERC) Notice dated 03/04/2026 regarding the 2025 Dam Safety Inspection Follow-Up, Swift No. 2 Project.

Will Staff Attend - NAME OF STAFF

Department Recommendation

FERC

Form Started By: Pervie Nancy Reed

Final Approval Date: 03/04/2026

Attachments

Form Review

Started On: 03/04/2026 11:39 AM

Meeting Date: 03/10/2026

Letter dated 2/24/26 Department of Ecology Construction Re Phase 2 of the Auvil Fruit Water Banking Project

Submitted For: Kelly Grayson, Clerk of the Board

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

Information

Subject and Summary Statement

Letter dated 2/24/2026 from the Department of Ecology regarding Consultation Re Phase 2 of the Auvil Fruit Water Banking Project SEPA Determination of Non-Significance.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Letter

Form Started By: Kelly Grayson

Attachments

Form Review

Started On: 03/04/2026 10:34 AM Final Approval Date: 03/04/2026

BOCC Agenda

Meeting Date: 03/10/2026

Signed Declaration of Emergency Leachate Transmission Line Headquarters Landfill

Submitted For: Susan Eugenis

Submitted By: Kelly Grayson, Clerk of the Board Department: Public Works

Information

Subject and Summary Statement

Signed Resolution #26-012 for the Declaration of Emergency in the matter of Damages of Leachate Transmission Line serving Headquarters Landfill.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Resolution

Form Started By: Kelly Grayson

Final Approval Date: 03/04/2026

Attachments

Form Review

Started On: 03/04/2026 08:13 AM

Meeting Date: 03/10/2026

9:30 A.M. PUBLIC HEARING: RESOLUTION: Order Granting a 10-year Non-Exclusive Telecommunications Franchise - Ziply Fiber Northwest, LLC

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Subject and Summary Statement

Submitted By: Emilie Cochrane, Public Works

Information

Ziply Fiber has requested a ten (10) year non-exclusive telecommunications franchise to use certain roads, streets, avenues, rights-of-way and other county properties for the construction, operation, and maintenance of telecommunication facilities and appurtenances over, in, along, across, and under County public rights-of-way within the boundaries of unincorporated Cowlitz County, Washington, for the prupose of underground telecomminications.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board open the hearing as scheduled and move to execute the Resolution/Order Granting a ten (10) year Non-exclusive Telecommunications Franchise to Ziply Fiber for telecommunication systems and appurtenances within the County Rights-of-Way.

Attachments

Order Granting Franchise

Form Review

Inbox Reviewed By

Susan Eugenis

Mike Moss, Public Works

Form Started By: Emilie Cochrane

Susan Eugenis

Date

03/03/2026 05:23 PM

Started On: 03/03/2026 03:06 PM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the matter of a Non-Exclusive Franchise to ) RESOLUTION NO. _____________ ZIPLY FIBER NORTHWEST, LLC, d/b/a ZIPLY FIBER ) to construct, operate and maintain ) Telecommunications Facilities on Cowlitz ) ORDER GRANTING A County rights-of-way for Telecommunications ) NON-EXCLUSIVE Service; setting forth conditions accompanying ) TELECOMMUNICATIONS a grant of a Non-Exclusive Franchise; and ) FRANCHISE providing for County administration and ) regulation of said Franchise. )

WHEREAS, ZIPLY FIBER NORTHWEST, LLC, d/b/a ZIPLY FIBER (hereinafter ZIPLY FIBER), is a foreign limited liability company, and is requesting access to Cowlitz County rights-of-way for telecommunications, which access can be provided with a non-exclusive franchise to use certain roads, streets, avenues, highways, alleys, rights-of-way and other county properties for the installation, construction, erection, repair, maintenance, operation, relocation and removal of such “Telecommunications Facilities,” which may include all cables, wires, conduits, ducts, pedestals, vaults/hand holes, and any associated converter, equipment or other facilities within the County rights-of-way, for the purpose of providing “Telecommunications Service” and associated services utilizing said Telecommunications Facilities; and

WHEREAS, chapter 36.55 RCW and Cowlitz County Code (CCC) chapters 12.21, 12.26, 12.55, 16.15, and 16.31, and including County Road and Street Design Standards and Accommodation of Utilities in County Road Right of Way, address the regulatory requirements for review and granting of franchises by the County; and

WHEREAS, said request has come on regularly for hearing before the Board of County Commissioners of Cowlitz County, Washington on the 10th day of March 2026, at the hour of 9:30 o'clock, and notice of this hearing having been duly published on the 17th day of February, 2026, and the 21st, day of February, 2026, in the official newspaper of Cowlitz, County, Washington;

NOW, THEREFORE, BE IT ORDERED by the Board of County Commissioners of Cowlitz County, Washington, that a franchise be and the same is hereby given and granted to ZIPLY FIBER upon the following expressed terms and conditions, to-wit:

SECTION I. FRANCHISE

1.1 Definitions. Terms as used throughout this Franchise shall have the same meanings and intent as set forth in Cowlitz County Code (“CCC”) chapters 12.21, 12.26, 12.55, 16.15, and 16.31, and including County Road and Street Design Standards and Accommodation of Utilities in County Road Right of Way. Words used in this Franchise whose meanings and intent cannot be

drawn from the above-noted County legislation shall be given their common and ordinary meaning.

1.2 Grant of Franchise. Cowlitz County, a Washington municipal corporation and subdivision of the State (hereinafter "County") hereby grants ZIPLY FIBER, (hereinafter "Grantee"), a non-exclusive Franchise for the construction, operation, and maintenance of Telecommunications Facilities within the rights-of-way of unincorporated Cowlitz County. The following conditions shall apply to the Franchise granted herein:

A. The Franchise granted shall not convey any right, title or interest in the rights-of-way but shall be deemed a Franchise only to use and occupy the rights-of-way for the limited purposes and term stated herein. The Franchise shall not convey any right, title, or interest in rights-of-way that the County has an interest in only through agreement and does not possess an easement in the right-of-way.

B. The Franchise granted shall not authorize or excuse Grantee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use the rights-of-way

C. The Franchise granted shall not be construed as any warranty of title or interest in any right-of-way; it does not provide the Grantee with any interest in any particular location within the right-of-way; and it does not confer rights other than as expressly provided in the grant hereof.

D. No act, event, occurrence or thing shall give Grantee any rights to occupy or use the rights-of-way permanently nor shall operate as an estoppel against the County.

E. This Franchise is granted subject to the terms and conditions contained in CCC chapters 12.21, 12.26, 12.55, 16.15, and 16.31, and including County Road and Street Design Standards and Accommodation of Utilities in County Road Right of Way, hereinafter "Regulations," as they are now written or as later amended, which shall apply in addition to the provisions of this Franchise. Provisions of the Regulations shall control over inconsistent terms contained in this Franchise; provided, however, that Section 3.2 of this Franchise, "Release, Indemnity and Hold Harmless," shall control for this Franchise over inconsistent provisions of the Regulations as they are currently adopted. When in conflict with the terms of the Regulations, the express terms of this Franchise will control.

F. The matters contained in Grantee's franchise request and all subsequent requests or proposals for extensions or renewals of this Franchise, except as inconsistent with law, regulations or local polices, are hereby incorporated by reference.

G. Grantee shall comply with all applicable service quality and continuity requirements of state and federal law, including regulatory requirements of the WUTC, which are applicable to Grantee and its Telecommunications Services.

H. This grant of authority is for the installation, maintenance and operation of Grantee’s Telecommunications Facilities in, upon, over, under, along and across rights-of-way in the Franchise territory for purposes of Telecommunications Service and shall be limited solely to those services expressly described and no others. “Telecommunications Service” shall mean any telecommunications service, telecommunications capacity, or dark fiber, provided by the Grantee using its Facilities, either directly or as a carrier for its affiliates, or any other person engaged in Telecommunications Services, including, but not limited to, the transmission of voice,

data or other electronic information, facsimile reproduction, burglar alarm monitoring, meter reading and home shopping, or other subsequently developed technology that carries a signal over fiber optic cable. Telecommunications Service shall also include non-switched, dedicated and private line, high-capacity fiber optic transmission services to firms, businesses or institutions within the County and other lawful services not prohibited by this Resolution. However, Telecommunications Service shall not include the provision of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate franchise would be required. In the event of any ambiguity, this Franchise agreement shall be strictly construed as to the rights granted herein.

1.3 Term of Franchise. The term of this non-exclusive Franchise shall be ten (10) years (“Initial Term”).

1.4 Non-Exclusive Franchise. The Franchise granted herein shall be non-exclusive. The County specifically reserves the right to grant, at any time, such rights, permits, licenses and/or franchises to other Persons to use the rights-of-way for similar or different purposes allowed hereunder as the County deems appropriate. Subject to this Franchise, Grantee shall not prevent or prohibit the County from constructing, altering, maintaining or using any of said rights-of-way, or affect its jurisdiction over them or any part of them, the County having full power and authority to make all necessary changes, relocation, repairs, or maintenance of said rights-ofway as the County deems appropriate.

1.5 Renewal Determinations. Should Grantee want to renew its franchise with the County, within 180 business days after receiving a complete application for renewal, the Board shall present the franchise request at public hearing for a determination on behalf of the County granting or denying the renewal application in whole or in part. If the renewal application is denied, the Franchise and the County’s permission to Grantee to occupy and use its rights-ofway shall cease, and no implied contract shall arise between the parties, and unless otherwise agreed by the County, Grantee shall promptly remove all of its facilities as required under the terms of this Franchise and aforementioned County Code and Road and Street Design Standards.

1.6 Obligation to Cure as a Condition of Renewal. This Franchise shall not be renewed until any ongoing violations or defaults in Grantee's performance of this Franchise, of the requirements of the Regulations, and all other applicable laws, statutes, codes, regulations, policies, rules and regulations have been cured, or a plan detailing the corrective action to be taken by Grantee has been approved by the Administrator. Failure to comply with the terms of an approved plan shall be grounds for non-renewal or immediate revocation of this Franchise.

1.7 Franchise Territory. The Franchise territory shall be that territory set out in Exhibit A attached hereto and made a part hereof. The Franchise granted herein does not give or grant to Grantee the right, privilege or authority to install Telecommunications Facilities at any other location within the County.

1.8 Amendment of Franchise for Territory Changes. Should Grantee not be able to install Telecommunications Facilities along the Franchise territory, Grantee shall request from the

County, in writing, a deviation from the territory set out in Exhibit A. If Grantee desires to extend or locate its Telecommunications Facilities in rights-of-way which are not included in this Franchise, Grantee shall apply in writing for an amendment to the Franchise. If the County orders Grantee to locate or relocate its Telecommunications Facilities in rights-of-way not included in this Franchise, the County shall grant a Franchise amendment for the territory change without further application.

1.9 Right to Require Removal of Property. At the expiration of this Franchise, and if Grantee has not obtained a new Franchise from the County, the County shall have the right to require Grantee to remove all or any part of Grantee's Telecommunications Facilities under this Franchise from the rights-of-way and restore the affected area, all at Grantee's expense. For purposes of this Franchise, “restore” shall mean to remove all Franchise improvements and return the affected area to its original or better condition. Removal and restoration shall be to the satisfaction of the County Engineer. If Grantee fails to do so, the County may perform the work or cause it to be done and collect the cost thereof from Grantee. The actual cost thereof, including direct and indirect administrative costs, shall be a lien upon all property of Grantee effective upon filing of the lien with the Cowlitz County Auditor.

SECTION 2. OPERATION IN RIGHTS-OF-WAY

2.1 Construction or Alteration.

A. Telecommunications Facilities shall be constructed, operated and maintained in accordance with this Franchise and all applicable Federal, State and County codes, rules and regulations, including, but not limited to the Regulations. Grantee shall comply with all lawful County policies, resolutions and regulations regarding the acquisition of permits and/or such other items as may be required in order to construct, operate, and maintain its Telecommunications Facilities. Grantee shall pay to the County all reasonable costs of granting or enforcing the provisions of this Franchise including, but not limited to, County fees related to the issuance of utility permits.

B. Grantee shall not construct, maintain, repair, relocate or remove its Telecommunications Facilities within the rights-of-way without obtaining a utility permit. Applications for utility permits to construct Grantee's Telecommunications Facilities shall be in compliance with the provisions of the Regulations.

C. Within limits reasonably related to the County's role in protecting public health, safety and welfare, the County may require that Telecommunication Facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Right-of Way; may deny access if Grantee is not willing to comply with County's requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements established by the County, and may require Grantee to cooperate with others to minimize adverse impacts on the rights-of-way through joint trenching and other arrangements.

2.2 Non-Interference. In installing, constructing, operating, repairing, and maintaining its Telecommunications Facilities, Grantee shall not interfere with the use of the 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. Work in the right-of-way, on other public property, near public property, or on or near private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Grantee's Telecommunication Facilities shall be constructed and maintained in such manner as not to interfere with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the rights-of-way by, or under, the County's authority. In the event of such interference, the County may require the removal or relocation of Grantee's Telecommunication Facilities from the property in question at Grantee's expense.

2.3 Construction Schedule and Notice of Work. Unless otherwise provided herein, Grantee or any Person acting on Grantee's behalf shall comply with the notice provisions set out in this Franchise and the Regulations.

2.4 Traffic Control. Grantee shall comply with the traffic control provisions set out in the Regulations.

2.5 Relocation or Removal of Telecommunications Facilities. In the relocation or removal of Grantee's Telecommunications Facilities, Grantee shall comply with the Regulations and directives of the Department of Public Works (hereinafter “Department”), by and through the County Engineer. Pursuant to

2.6 Consistency with Designated Use. Notwithstanding this Franchise to use County rights-of-way, no right-of-way shall be used by Grantee if the County determines that such use is inconsistent with the terms, conditions or provisions by which such right-of-way was created or dedicated, or presently used under State and local laws.

2.7 Restoration of rights-of-way. Grantee shall comply with the restoration of rights-ofway conditions set out in this Franchise and Regulations and directives of the Department.

2.8 Restoration of Improvements. Upon completion of any construction work, Grantee shall make restoration in accordance with this Franchise and Regulations and directives of the Department.

2.9 rights-of-way and Other Public Property. Grantee shall warrant any restoration work performed by or for Grantee in the right-of-way or on other public property for one (1) year. If restoration is not satisfactorily performed by the Grantee within a reasonable time, the County may, after 48 hours prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, Grantee shall pay the County.

2.10 Telecommunications Facilities Maps. Grantee shall provide the County with Telecommunications Facilities maps in accordance with this Franchise and Regulations and requests of the Department.

2.11 As-Built Drawings. If an Engineer's Certification is requested and required in furtherance of the Regulations, then Grantee shall provide as-built drawings in accordance with the requests of the Department.

2.12 Administration Fees. In consideration of the privileges granted by this Franchise, and in addition to applicable permitting and franchising fees and costs for issuance of this Franchise, Grantee shall pay to Cowlitz County its franchise-administration fees and costs as the County may from time to time incur during the term of this Franchise. Grantee shall pay such fees and costs as specified in the billings of the Department, upon not more than thirty (30) days after mailing of billing.

2.13 Damage to Grantee's Telecommunications Facilities. To the extent permitted by Washington law, the County shall not be liable for any damage to or loss of any of Grantee's Telecommunications Facilities or any interruption in Telecommunications Services 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 Person under contract with the County, except for damage caused by the negligence or willful misconduct of the County, including, but not limited to, damages, losses, or liability arising from the issuance or approval by the County of a permit, license or franchise to any third party.

2.14 Location of Telecommunications Facilities. All Telecommunications Facilities shall be constructed, installed, and located in accordance with this Franchise and Regulations and directives of the Department. Consistent with any general County undergrounding policy or program now or hereafter developed, the County may require Grantee's participation in Countyimposed undergrounding or related requirements at Grantee's expense. Grantee agrees to coordinate its underground installation and planning activities with the County's underground plan and policies.

A. County expressly reserves the right to prescribe how and where any overhead facilities, including poles, lines and wires, and attachments or co-locations thereto, shall be installed and may from time to time, upon reasonable notice, require the removal and replacement thereof in the public interest and consistent with this SECTION 2.

B. Grantee, with written authorization from the County to install overhead facilities, shall install its telecommunications facilities on pole attachments to existing utility poles only, if surplus space is available, and subject to any separate, existing or future County franchising of such utility poles. If installation to existing utility poles is not feasible, installation of new poles may be approved by the County Engineer on a case-by-case basis, subject to other franchising.

2.15 Hazardous Substances.

A. Grantee shall comply with any and all applicable laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Telecommunications Facilities in the rights-of-way.

B. Grantee agrees to indemnify the County against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the County arising out of a release of hazardous substances caused by Grantee's Telecommunications Facilities, as set forth in Section 3.2, below.

2.16 Notice to Private Property Owners. Grantee shall give notice to private property owners of work on or adjacent to private property.

2.17 County Use of Trenching. The Grantee and the County recognize that situations may occur in the future where the County may desire to place its own cable or conduit in trenches or bores opened by the Grantee. The Grantee agrees to cooperate with the County in any construction by the Grantee that involves trenching or boring, provided that the County has first notified the Grantee in some manner that it is interested in sharing the trenches or bores in the area where the Grantee's construction is occurring. The Grantee shall allow the County to lay its cable or conduit in the Grantee's trenches and bores, provided the County shares in the cost of the trenching and boring on the same terms and conditions as the Grantee at that time shares the total cost of trenches and bores. The County shall be responsible for maintaining its respective cable or conduit buried in the Grantee's trenches and bores under this paragraph.

2.18 Movement of Telecommunication Facilities for Other Franchise Holders. If any removal, replacement, modification or disconnection of the Telecommunication System is required to accommodate the construction, operation or repair of the facilities or equipment of another County franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. If a readjustment or Relocation of Grantee’s Telecommunications Facilities does not involve a ‘Public Project” (defined as any county, state, federal agency or port district property), the Grantee may seek reimbursement of its actual costs from party pursuing such relocation.

2.19 Work of Contractors and Subcontractors. Grantee's contractors and subcontractors shall be licensed and bonded in accordance with state law. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Franchise and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other persons performing work on Grantee's behalf are familiar with the requirements of this Franchise and other applicable laws governing the work performed by them.

2.20 Inspection of Construction and Facilities. The County may inspect any of Grantee's facilities, equipment or construction at any time upon at least twenty-four (24) hours’ notice, or, in case of emergency, upon demand without prior notice. The County shall have the right to charge generally applicable inspection fees therefor. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order Grantee, in writing, to make the necessary repairs and alterations specified therein forthwith to

correct the unsafe condition by a time the County establishes. The County has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so, and to charge Grantee therefor.

2.21 Stop Work.

A. On notice from the County that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the County, or in violation of the terms of any applicable permit, laws, regulations, policies or standards, the work may immediately be stopped by the County.

B. The stop work order shall:

(1) Be in writing;

(2) Be given to the Person doing the work, or posted on the work site;

(3) Be sent to Grantee by overnight delivery at the address given herein;

(4) Indicate the nature of the alleged violation or unsafe condition; and

(5) Establish conditions under which work may be resumed.

SECTION 3. FINANCIAL PROVISIONS

3.1 Financial Security. County may require financial security to insure completion of construction before any construction work is started by Grantee. After consideration of the type of project planned by Grantee, the Permit issued by the County before construction starts, may require a bond. Financial security is not being required as part of this franchise.

3.2 Release, Indemnity and Hold Harmless.

A. In addition to and distinct from the insurance requirements of this Franchise, Grantee agrees to release and shall defend, indemnify and hold harmless the County, its elected and appointed officers, officials, employees, agents, and representatives (collectively referred to as the "Indemnitees") from any and all third party claims, losses, costs, liabilities, damages and expenses, including, but not limited to, those of Grantee's lessees, (except those damages caused by the negligence or willful misconduct of the Indemnitees), and also including, but not limited to, reasonable attorneys' fees: 1) arising out of or in connection with Grantee's negligence, willful misconduct, or acts or omissions arising from Grantee’s performance under this Franchise and its Telecommunications Facilities, the performance of any work, the operation of any Telecommunications Facilities or Telecommunications Services; and 2) arising out of or in connection with the negligence, willful misconduct, or acts or omissions of Grantee or any of its suppliers or independent contractors of any tier, or anyone acting on Grantee's behalf in connection Grantee’s performance arising under this Franchise and its Telecommunications Facilities, performance of work or operation of Telecommunications Facilities or Telecommunications System.

B. Such indemnity, protection 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 person including payment made under or in connection with any Worker's 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 Grantee's Telecommunications Facilities or installations of Telecommunications Facilities including any claims or demands of customers of Grantee with respect thereto.

C. Indemnitees shall not be liable to Grantee or to Grantee's customers, and Grantee hereby indemnifies, protects and saves harmless the Indemnitees against any and all such claims or demands, suit or judgment for loss, liability, damages and expense by Grantee's customers, or for any interruption to the service of Grantee, or for interference with the operation of the Telecommunications Facilities.

D. 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.

E. Inspection or acceptance by the County of any work performed by Grantee shall not be grounds for avoidance by Grantee of any of its obligations under this Section. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation.

F. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Grantee and the County, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. It is further specifically understood that the indemnification provision provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.

G. The provisions of Section 3.2 shall survive the expiration or termination of this Franchise. Further, all provisions of Section 3.2 shall apply to the successors and assigns of Grantee.

H. Procedures and Defense. If a claim or action arises, the County or any other indemnified party shall timely notify Grantee thereof, County or any other indemnified party shall tender defense thereof to Grantee, and Grantee shall have the right and duty, at its sole cost and expense, to defend, settle and compromise such claim or demand arising hereunder. The County may participate in the defense of a claim and, in any event, the Grantee may not agree to any settlement of claims financially affecting the County or affecting the County’s statutory obligations on county roads without the County's written approval, which shall not be unreasonably withheld.

I. Duty of Defense. The fact that the Grantee carries out any activities under this Franchise though independent contractors shall not constitute an avoidance of or defense to the Grantee's duty of defense and indemnification under this Section.

3.3 Insurance. As a condition of this Franchise, Grantee shall secure, furnish and maintain the following insurance policies:

A. Umbrella Liability Insurance. Grantee shall maintain umbrella liability insurance coverage, in an occurrence form, over underlying commercial general liability and automobile liability policies. On or before the date this Franchise is fully executed by the parties, Grantee shall provide the County with a certificate of insurance as proof of commercial general liability and umbrella liability insurance coverage with each policy having a minimum liability limit of Five Million Dollars ($5,000,000) per occurrence. The insurance shall be with an insurance company

or companies rated A-VII or higher in Best's Guide and authorized to conduct business in the State of Washington. Cowlitz County needs to be named as Additional Insured.”

B. Business Automobile Liability insurance for owned, non-owned and hired vehicles with a combined single limit of not less than three million dollars ($3,000,000) per accident.

C. Workers' Compensation and Employer's Liability Coverage as required by the Industrial Insurance laws of the State of Washington.

D. The insurance policies and coverages required by Section 3.3 shall be maintained at all times by Grantee. Grantee will provide County with thirty (30) days’ notice prior to any cancellation of the policy and deliver such notice to the Administrator as well as the named insured though the County Risk Management Department. Grantee will be obligated to replace or renew the canceled or expiring policy and show proof in the form of a certificate of insurance, within at least ten (10) days at the expiration or cancellation of the existing policy(ies).

E. Grantee shall furnish the County Risk Manager with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in Section 3.3. The County shall be listed as an additional insured on all liability insurance policies. Grantee’s membership in a self-insured governmental risk pool shall satisfy all conditions set forth in this section for insurance requirements subject to limits as set forth above.

F. Grantee or its agent will provide local access to view a copy of any and all insurance policies or verification specified in this Franchise upon request of the Administrator.

G. The insurance limits mandated for any insurance coverage required by this Franchise are not intended to be an indication of limits of exposure nor are they limitations on liability or indemnification.

H. By acceptance of this Franchise, Grantee agrees that failure to procure or maintain the required insurance or self-insurance shall constitute a material breach of this Franchise and that the County may immediately terminate this Franchise or, at the County's discretion, procure or renew such insurance to protect the County's interests and be reimbursed by Grantee for all premiums paid in connection therewith.

3.4 Compensation. The Franchise granted hereunder is subject to the County's right, which is expressly reserved, to annually fix a fair and reasonable compensation for the authorization granted hereunder as reimbursing the County's costs in connection with processing, administration and ongoing oversight of this Franchise, and in connection with reviewing, inspecting, monitoring and supervising the use and occupancy of the rights-of-way. Nothing herein shall prohibit the County and Grantee from agreeing upon the compensation to be paid. This Franchise shall not be interpreted to prevent the County from imposing additional lawful conditions, including additional compensation conditions for use of the rights-of-way, should Grantee provide service other than Telecommunications Service.

3.5 Reimbursement. Except as provided in Subsection 3.4, Grantee shall reimburse the County within (30) calendar days after receipt of written demand for all reasonable amounts paid and costs incurred by the County in relation to this Franchise or the enforcement thereof.

SECTION 4. ADDITIONAL FRANCHISE PROVISIONS

4.1 Publication Costs. Grantee shall assume the costs of publication associated with this Franchise as such publication is required by law.

4.2 Vacation.

A. If the County vacates all or portion of any County rights-of-way which is subject to rights granted by this Franchise, and said vacation is for the purpose of acquiring the fee or other property interest in said rights-of-way for the use of the County in either its proprietary or governmental capacity, the Board may, at its option and by giving forty-five (45) days written notice to Grantee, terminate this Franchise with reference to any County rights-of-way so vacated, and the County shall not be liable for any damages or loss to Grantee by reason of such termination.

B. Whenever a County right-of-way or any portion thereof is vacated upon a finding that it is not useful and the public will be benefited by the vacation, the County may retain an easement in respect to the vacated land for the construction, repair and maintenance of public utilities and services which at the time of the vacation are specifically authorized under this Franchise or physically located on a portion of the land being vacated, but only in accordance with the provisions of RCW 36.87.140. The County shall not be liable for any damages or loss to Grantee by reason of any such vacation.

4.3 Eminent Domain. This Franchise is subject to the power of eminent domain and the right of the Board or the people acting for themselves through the initiative or referendum process to repeal, amend, or modify this Franchise. In any proceeding under eminent domain, this Franchise itself shall have no value.

4.4 Revocation or Termination.

A. This Franchise may be revoked as provided in the Regulations after notice, an opportunity to cure, and a hearing as provided in the Regulations.

B. In addition to Section 4.4 A. of this Franchise, upon failure of Grantee, after written notice, to perform properly and completely each term, condition, or obligation imposed upon it pursuant to this Franchise, the County may terminate this Franchise.

C. At the expiration of the term of this Franchise or upon its revocation or termination, the County shall have the right to require Grantee to remove its Telecommunications Facilities within ninety (90) days from the County rights-of-way. Grantee shall be liable for any costs incurred in removing any Telecommunications Facilities of Grantee and restoring any County rights-of-way. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all rights-of-way, public places and private property in as good condition as that prevailing prior to Grantee's removal of its equipment without affecting the electrical or telephone cable wires or attachments. The indemnification and insurance provisions and the letter of credit shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor.

D. A revocation or termination of this Franchise shall not prejudice any other remedy for breach of contract, damages, non-payment or otherwise which the County has under this Franchise or under law.

4.5 Modification. The County and Grantee reserve the right to modify the terms and conditions of this Franchise upon written agreement of both parties to such modification or in the exercise of the County's police power authority or other authority pursuant to applicable laws.

4.6 Franchise Subject to Future County Regulations. Nothing herein shall be deemed to restrict the County's ability to adopt and enforce all necessary and appropriate rules regulating the performance of the conditions of this Franchise, including any valid regulations made in the exercise of the County's police powers in the interest of public safety and for the welfare of the public. The County shall have the authority at all times to control by appropriate regulations the location, elevation, manner of construction and maintenance of any Telecommunications Facilities by Grantee. Grantee agrees to promptly conform to all such regulations as if they were in effect at the time this Franchise was executed by the County, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the provisions of this Franchise and any Regulations(s) enacted under the County's police power authority, such Regulations(s) shall take precedence over the provisions set forth herein.

4.7 Assignments or Transfers. Grantee shall comply with the Regulations regarding assignments, lease, sharing, transfers, and transactions affecting direct or indirect interest or control. In no event shall a sale, lease, sharing, transfer, assignment, or disposal of ownership, interest or control be approved without the written consent of the County, the transferee acknowledging the obligations under the Regulations, becoming a signatory to this Franchise and assuming all rights and obligations hereunder, and assuming all other rights and obligations of the transferor to the County. The County shall have sixty (60) days to act upon any request for approval of transfer. Should the County fail to render a final decision within 60 days the request shall be deemed granted unless Franchisee and County agree to an extension of time. The Franchisee, upon any transfer, shall within thirty (30) days thereafter file with the County a certified statement evidencing the transfer and containing the signed acknowledgement of the transferee that it agrees to be bound by the terms and conditions contained in this Franchise.

The requirements of this section shall not be deemed to prohibit the use of the Franchisee's property as collateral for security in financing the construction or acquisition of all or part of a Telecommunications Facilities of the Grantee or any affiliate of the Grantee. In the case of a transfer to secure indebtedness, whether by mortgage or other hypothecation, the County’s consent shall not be required unless and until the secured party elects to realize upon the collateral. However, the Telecommunications Facilities franchised hereunder, including portions thereof used as collateral, shall at all times continue to be subject to the provisions of this Franchise.

The requirements of this section shall not be deemed to prohibit sale of tangible assets of the Grantee in the ordinary conduct of the Grantee's business without the written approval of the County.

The requirements of this section shall not be deemed to prohibit, without the written approval of the County, a transfer to a transferee whose primary business is such Telecommunications Facilities and having a majority of its beneficial ownership held by the Franchisee, a parent of the Franchisee, or an affiliate, a majority of whose beneficial ownership is held by a parent of the Franchisee. If beneficial ownership of fifty percent (50%) or more of the stock of the Grantee, or of the majority of the stock of any parent company of the Grantee immediate or otherwise, or of any entity now owning or later acquiring such beneficial interest is acquired by or agent of common control is other than an organization with majority of its beneficial ownership held by the Grantee or a parent of the Grantee, then a change in control will be deemed to have taken place requiring written approval of the County.

4.8 Receivership and Foreclosure

A. At the option of the County, subject to applicable law, this Franchise may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless:

(1) The receivership or trusteeship is vacated within one hundred twenty (120) days of appointment; or

(2) The receivers or trustees have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Franchise, and have remedied all defaults under the Franchise. Additionally, the receivers or trustees shall have executed an agreement duly approved by the court having jurisdiction, by which the receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Franchise.

B. If there is a foreclosure or other involuntary sale of the whole or any part of the property and equipment of Grantee, the County may serve notice of revocation on Grantee and to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be revoked thirty (30) days after service of such notice, unless:

(1) The County has approved the transfer of the Franchise, in accordance with the procedures set forth in this Franchise and as provided by law; and

(2) The purchaser has covenanted and agreed with the County to assume and be bound by all of the terms and conditions of this Franchise.

4.9 Incorporation and Annexation.

A. If any rights-of-way covered by this Franchise are incorporated into the limits of any city or town, this Franchise shall terminate as to any rights-of-way within the corporate limits of such city or town; but this Franchise shall continue as to County rights-of-way not incorporated into a city or town.

B. If, pursuant to Article XI § 3 of the Washington Constitution, territory is stricken or taken from the County and a new county is established from the territory taken from the County,

this Franchise shall terminate as to any rights-of-way within the territory so taken to establish the new county; but this Franchise shall continue as to County rights-of-way not taken from the County.

4.10 Service of Notice. Except as provided herein, any notices required or permitted to be given under this Franchise shall be deemed properly served when deposited with the United States Postal Service, postage paid, addressed to the Contact Party, below, to receive same.

Notice to the County shall be sent to: County Engineer

Cowlitz County Public Works 1600 13th Ave. S. Kelso, WA 98626

with a copy to:

Cowlitz County Prosecuting Attorney Civil Division

Hall of Justice

312 SW 1st Ave. Kelso, WA 98626

Notice to the Grantee shall be sent to: ZIPLY FIBER NORTHWEST LLC

135 Lake Street South, Ste 155 Kirkland, WA 98033

Attn.: Jessica Epley, VP-Regl & Extrnl Affrs

Grantee shall also provide County with a current emergency contact name (or title) and phone number available 24-hours a day, seven days of a week, and shall promptly notify the County of any change in notice address or emergency contact.

4.11 Access and Open Records. Grantee agrees to supply, at no cost to County, any information reasonably requested by the County Engineer or their designee to facilitate and coordinate County functions with Grantee’s actions and activities, including identifying the location and depth of all Telecommunications Facilities with individual service connections, and to fulfill any obligation under State law.

The County, including the County's Auditor or his/her authorized representative, shall have access to, and the right to inspect, any books and records of Grantee, its parent corporations and Affiliates which are reasonably related to the administration or enforcement of the terms of this Franchise. The County may, in writing, request copies of any such records or books and Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One (1) copy of all reports and records required under this or any other subsection shall be furnished to the County, at the sole expense of Grantee.

Grantee shall be responsible for clearly and conspicuously identifying confidential or proprietary information and shall provide a brief written explanation as to why such information is confidential or proprietary and how it may be treated as such under State or federal laws.

Should County receive a request for disclosure from any person, County agrees to provide Grantee ten (10) days written notice of impending release, and to cooperate with any legal action which may be initiated by Grantee to enjoin or otherwise prevent such release, provided that all expense of any such litigation shall be borne by Grantee, 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 Grantee 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 Grantee according to the “Notice” provision herein. If the Grantee 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. The Grantee will fully cooperate with the County in identifying and assembling records in case of any public disclosure request.

Grantee’s failure to timely provide such records upon demand shall be deemed a material breach of this Franchise. To the extent that the County incurs any monetary penalties, attorneys’ fees, and/or any other expenses as a result of such breach, Grantee shall fully indemnify and hold harmless County as set forth in Section 3.2. 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.

4.12 Severability. The parties understand and agree that if a court holds any part, term, or provision of this Franchise to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Franchise did not contain the particular invalid provision. Should the County determine that the severed portions substantially alter the Franchise so that the original intent and purpose of this Franchise no longer exists, the County may, in its sole discretion, terminate this Franchise without cost or penalty.

4.13 Remedies. All remedies and penalties under this Franchise, including termination of this Franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contained in this Franchise, including termination of this Franchise, are not exclusive, and the parties reserve the right to enforce the provisions of any Regulations or resolution and to avail itself of any and all remedies available at law or in equity.

4.14 Nonwaiver of Rights. The County and Grantee agree that the excuse or forgiveness of performance or waiver of any provision(s) of this Franchise does not constitute a waiver of

such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Franchise at a subsequent time.

4.15 Dispute Resolution and Choice of Law. In the event a dispute arises between County and Grantee by reason of this Franchise or permits arising therefrom, the dispute shall first be referred to the franchise administrators or operational officers or representatives appointed by County and Grantee to have oversight over administration of this Franchise. Said oversight officials shall meet within thirty (30) calendar days of either party’s request for a meeting, from the date of first request, for the parties to make a good faith effort to achieve resolution of the dispute. If the parties fail to obtain a resolution of the dispute in this manner, either party may pursue any available judicial remedies

This Franchise has been made and shall be governed and construed in accordance with the laws of the State of Washington without respect to choice of laws. In the event of any suit, arbitration or other proceeding arising out of or instituted to enforce any term of this Franchise. The parties agree that venue shall exclusively be in Cowlitz County, Washington.

4.16 Context. When consistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

4.17 Entire Agreement. The parties agree that this Franchise is the complete expression of the terms and conditions hereunder, and supersedes all prior agreements or proposals except as specifically set forth herein. Any oral or written representations or understandings not incorporated herein are specifically excluded. This Franchise is executed in duplicate originals and executed by the persons signing below who warrant that they have the authority to execute this Franchise.

4.18 Familiarity with Franchise. The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreements granted herein, that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all lawful and reasonable risks of the meaning of the provisions, terms and conditions herein.

4.19 Acceptance. Within sixty (60) days after adoption of this Franchise by the Board, this Franchise may be accepted by Grantee by executing this Franchise in duplicate, filing it with the Clerk of the Board. Further, the executed Franchise shall be returned accompanied by the required evidence of insurance as provided in Sec. 3.3 of this Franchise. In the event Grantee fails to accept this Franchise or fails to comply with all conditions of acceptance as set forth herein within the sixty (60) days following adoption by the Board, this Franchise shall be null and void.

Order Granting Franchise to

DATED this ________ day of March 2026.

APPROVED AS TO FORM:

BOARD OF COMMISSIONERS

Ryan Jurvakainen, Prosecuting Attorney COWLITZ COUNTY, WASHINGTON

By: _________________________________

Civil Deputy

ATTEST:

Kelly Grayson, Clerk of Board

Richard R. Dahl, Chairman

Steven L. Ferrell, Commissioner

Steve Rader, Commissioner

THE UNDERSIGNED, GRANTEE herein, hereby accepts all of the rights and privileges of the foregoing granted Franchise and Regulations, subject to all the terms, conditions and obligations therein contained.

DATED this ____ day of ___________________, 2026

ZIPLY FIBER NORTHWEST, LLC, d/b/a ZIPLY FIBER

Name: (Authorized by law to sign on behalf of Grantee)

Title: