HomeMy WebLinkAbout2026-08-25-minutes-it-study-sessionCreated on 10/20/2026 7:53:20 AM
KITTITAS COUNTY COMMISSIONERS
IT Study Session
Special Meeting
Tuesday August 25, 2026 - 1:00 PM
BOCC Conference Room
205 West 5th Room 108 - Ellensburg
1. Call to Order
2. Citizen Comments (1 min. time limit)
3. CDS - Request to Sign Letter to Forest Service
4. Discussion of the County's Enterprise AI - GovAI
5. Discussion of the IT Department & ETF Budget
6. Discussion of the IT Department Project Status
7. Other Business - No Action to be taken
8. Concluded
2026-08-25 MINUTES 1
KITTITAS COUNTY
IT STUDY SESSION MINUTES
BOCC CONFERENCE ROOM, 205 WEST 5TH ROOM 108 - ELLENSBURG
Special Meeting
TUESDAY 1:00 PM August 25, 2026
Board members present: Chairman Brett Wachsmith, Commissioner Laura Osiadacz
Others: CDS Director Chad Bala, Planner 1 Bradley Gasawski, Interim IT Director Zane
Kinney, Infrastructure Manager Bill Davis, Administrative Assistant Grant Shimada
Called to Order at 1:01 P.M.
Citizen Comments – There were no citizen comments.
CDS – Request to Sign Draft Environmental Assessment Letter to Forest Service
CDS Director Chad Bala requested for Board approval and signature of CDS’s comment letter to
the Okanogan-Wenatchee National Forest Service Draft Environmental Assessment, Draft Find
of No Significant Impact, and Draft Decision Notice for I-90 Snoqualmie Pass East Public
Safety/Wildlife Closure, Project No. 349472. Commissioner Laura Osiadacz motioned to
approve and sign the CDS draft letter using the BoCC letterhead. Chairman Brett Wachsmith
approved; motioned passed 2:0.
IT – Discussion of the County’s Enterprise AI – GovAI
Interim IT Director Zane Kinney briefed the Board on the County’s new AI service, GovAI.
GovAI is designed for government use providing greater privacy and data protection versus
competitors. IT has upgraded the County to GovAI’s enterprise version which offers more
features and protection and will cost annually $15k with a 3.5% subscription fee increase cap
guarantee for life.
IT – Discussion of the IT Department & ETF Budget
Interim IT Director Zane Kinney gave a preliminary finance report of the IT department and
Enterprise Technology Fund’s (ETF) budgetary state. Most notably, an increase in the number of
software subscriptions the County has and price increases in this category have made the largest
impact to the ETF. Other notable budgetary mentions discussed were GIS resource allocation,
cybersecurity & continuity projects, and server migration.
2026-08-25 MINUTES 2
Discussion of the IT Department Project Status
Interim IT Director Zane Kinney briefly reported on the IT department’s current project status
informing the Board of delays and causes. The Board expressed their understanding of IT’s
delays and concerns.
OTHER BUSINESS
Meeting adjourned at 1:41 P.M.
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Grant Shimada, Administrative Assistant Brett Wachsmith, Chairman
Kittitas County, Washington
BOARD OF COUNTY COMMISSIONERS
District One
Vacant
August 25,2026
Patricia Garvey Darda
c/o Okanogan-Wenatchee National Forest
215 Melody Lane
Wenatchee, Washington 98 80 1
David Farmer, Acting Forest Supervisor
c/o Okanogan-Wenatchee National Forest
215 Melody Lane
Wenatchee, WA 98801
Re: I-90 Snoqualmie Pass East - Public Safety/Wildlife Closure, Project No. 349472
Comments on Draft Environmental Assessment, Finding of No Significant Impact, and Draft Decision
Notice
Dear Ms. Garvey-Darda and Mr. Farmer:
Kittitas County submits these comments on the Draft Environmental Assessment (Draft EA), Draft
Finding of No Significant Impact (Draft FONSD, and Draft Decision Notice for I-90 Snoqualmie Pass
East Public SafetyAVildlife Closure, Project No.349472.
The County supports the objectives of protecting public safety, maintaining wildlife connectivity across I-
90, and ensuring the effectiveness of the substantial public investment in wildlife crossing structures.
These comments focus on the adequacy and clarity of the proposed action, the public notice and
participation process, public availability of document relied upon in the environmental review, the
rationale for a permanent rather than a time limited closure, and the scope and impacts of the closure at
Keechelus Lake.
1. The public notice and Draft EA described materially different actions
The July 29,2026,Notice of Opportunity to Comment states that areas adjacent to eight miles of I-90
have been subject to short term emergency closures since 2019 and that the Okanogan-Wenatchee
National Forest proposes to "extend the temporary closure for 5 years" and add areas adjacent to another
seven miles of I-90.
In contrast, the Draft EA states that the Forest Service proposes to implement a permanent Public
SafetyAVildlife Closure on National Forest land and adjacent to the I-90 Snoqualmie Pass East crossing
structures. The Draft FONSI likewise states that the closure is permanent. The Draft EA identifies a
closure area of approximately 4,888 acres.
The difference between a five-year temporary closure and a permanent closure is substantive. A member
of the public may support a temporary, monitored closure while opposing an indefinite restriction on
public access. Conversely, a person reading the notice could reasonably conclude that a permanent
closure is not under consideration and elect not to comment.
Kittitas County Courthouse' 205 West 5'r'Avenue, STE 108 Ellensburg, WA 98926
(s09) 962-7508 .FAX (509) 962-7679
www.co.kittitas.wa. us
District Two
Laura Osiadacz
District Three
Brett Wachsmith
Under 36 CFR S 218.24(b)(l), the legal notice must include the title and a brief description of the
proposed project or activity. In addition, commenters must provide specific written comments during the
designated comment period to preserve eligibility to participate in the subsequent objection process. See
36 CFR $ 218.2s(aX3).
The Forest Service should therefore clarify which action is proposed and ensure that the public notice,
Draft EA, Draft FONSI, and Decision Notice consistently describe the same action.
If the proposed action is a permanent closure, the County requests the Forest Service provide a properly
noticed opportunity to comment specifically on that action. The County recognizes that the 30-day
comrnents period for an EA generally may not be extended under 36 CFR $ 218.25(a)(l)(iv). However, if
the current notice rnaterially misdescribed the action, the Forest Service should determine the appropriate
procedural mechanism to provide rneaningful notice and an opportunity to comment on the action actually
proposed.
2. Documents incorporated by reference or relied upon in the Draft EA must be publicly
accessible.
The Draft EA states that it ties to the I-90 Snoqualmie Pass East Final Environmental Impact Statement
(FEIS) and incorporates that FEIS and Record of Decision (ROD) by reference. It also relies upon or
refers readers to other supporting materials, including:
o I-90 Snoqualmie Pass East FEIS and Section 4(f) Evaluation;
o I-90 SPE Record of Decision;
r I-90 SPE Appendix D - MDT Recommendation Package;
o Recreation impact and recreation lands technical documents;
. Snoqualmie Pass Adaptive Management Area Plan documents;
o National FHWAruSDAForest Service MOU; and
o Bamreto et al. (20L4)
o Forest Plan, Implementation-plan, and other materials cited in the Recreation Specialist Report.
Several Forest Service Box links identified in the Draft EA and supporting Recreation Specialist Report
returned message: "This shared file or folder link has been removed or is unavailable to you." A
screenshot of that message is attached.
These materials are not merely supplemental background documents. They are cited to support the
project purpose and need, commitments to FHWA and WSDOT, ecological objectives, recreation
analysis, and the rationale for the closure. For example, the Draft EA cites the FEIS to support
commitments associated with the wildlife-crossing project and directs readers to FEIS Appendix D for the
conclusion that human activity near crossing structures can compromise their effectiveness.
As of Augu sL 19, 2026, several supporting files appeared to have been uploaded on August 1 8, 2026, I 8
days into the 3O-day comment period. This left the public approximately 12 days to review materials
referenced by and incorporated into the Draft EA and FONSL
Because the Part 21 8 process requires specific written comments with supporting reasons, the Forest
Service should ensure that the public can access the documents necessary to evaluate and comment
meaningfully on the proposal. The County requests that the Forest Service:
L Identify each document incorporated by reference or materially relied upon in the Draft EA;
2. Verify that each document is publicly accessible;
3. Repair or replace all inaccessible links;
Kittitas County Courthouse 205 West 5'r' Avenue, STE 108 Ellensburg, WA 98926
(s09) 962-7508 .FAX (s09) 962-'7679
www.co.kittitas.wa.us
4. Make all the referenced materials available on the project website or by another reliable means;
and
5. Provide members of the public with a meaningful opportunity to review those materials before
their obligation to submit specific comments is considered complete'
3. The Draft EA should explain why a permanent closure is necessary before monitoring and
reassessment occur.
The public notice describes a five-year temporary closure. The Draft EA instead proposes a permanent
closure, while also acknowledging that long-term wildlife monitoring will provide additional information
and create an opportunity to reassess closure size and effectiveness. The Draft EA also provides for
continuing monitoring in coordination with the I-90 Connectivity Working Group, including WSDOT,
Washington State Dept. of Fish and Wildlife, Central Washington University, FHWA, Conservation
Northwest, and other participants.
This raises a central question: Why is a permanent closure necessary before the anticipated
monitoring results are available?
A five-year closure followed by formal monitoring, reassessment, and potential renewal or modification
appears to be a reasonable management approach. The Draft EA analyzes only the Proposed Action and
No-Action Alternative. Yet the five-year temporary closure described in the public notice is not clearly
analyzed as an alternative.
The County requests that the Forest Service explain:
o Whether a five-year closure followed by monitoring and reconsideration was evaluated;
r If it was evaluated, why it was rejected;
o If it was not evaluated, why does it not constitute a reasonable alternative or management
approach warranting consideration;
r What evidence demonstrates that a permanent closure is currently necessary; and
r What evidence demonstrates that the same wildlife and public-safety objectives could not be
accomplished through renewable, time-limited closure coupled with monitoring and adaptive
management.
Under 7 CFR $ lb.5(cX2), an EA must address the proposed action, environmental impacts, and, where
applicable, alternatives. The Draft EA should provide a clear explanation of the basis for selecting a
permanent closure rather than the temporary closure identified in the public notice.
4. The Draft FONSI and Draft Decision Notice should be completed and revised after these
issues are resolved.
The Draft FONSI includes incomplete template language under "selected Action," including direction to
"specify" the proposed action or selected alternative and to describe modifications or mitigations, if any.
The County recognizes that the FONSI and Decision Notice are drafts. However, these incomplete
sections reinforce the need to resolve the more fundamental question of whether the decision will approve
a temporary or permanent closure.
Under 7 CFR $ 1b.6, a FONSI must document the reasons for the responsible official's determination that
the proposed action or selected alternative will not have a reasonably foreseeable significant impact. The
final FONSI and Decision Notice should clearly identify the action selected, its duration, its geographic
scope, and any applicable mitigation, monitoring, or adaptive-management provisions.
Kittitas County Counhouse 205 West 5d'Avenue, STE 108 Ellensburg, WA98926
(509) 962-1s08 FAX (509) 962-76'79
www.co.kittitas.wa.us
5. The Draft EA and FONSI should clearly tnalyze and disclose the closure scope and effects
at Keechelus Lake.
The Draft EA states that the closure does not include developed facilities, open trails, or open roads.
However, the Draft EA and accompanying maps appear to include a substantial portion of Keechelus
Lake, extending up to approximately 1,000 feet from the shoreline along I-90. Keechelus Lake is a
significant pubilc i""t"ution resource. Although it is not a trail, road, or developed facility, it supports
bJating, fisiring, paddling, swimming, shoreline access, hunting, winter recreation, and other public uses.
Recrealionists miy also use the exposed lakebed when reservoir levels are drawn down.
The County request clarification regarding whether the closure includes:
o The water surface;
. Submerged lands;
. The dry lakebed exposed by reservoir drawdown;
o The shoreline; or
r Some combination of these areas.
The Forest Service should also identify the activities that would be prohibited within the closure
boundary, including whether restrictions would apply to boating, fishing, paddling, swimming, hunting,
winter recreation, und oth"t use of the water surface, or shoreline that may be considered navigable
waters.
If the proposed action would permanently restrict public access to a portion of the Keechelus Lake, the
final EA should disclose:
The number of affected surface acres and shoreline acres;
The nature and duration of access restrictions;
The anticipated effects on boating, fishing, paddling, swimming, hunting, winter recreation, and
shoreline use;
How those impacts were considered in the conclusion that recreational effects would be minimal;
and
Whether reasonable alternative access or mitigation measures are available.
The Draft FONSI states that there are no unique opportunities or destinations such as lakes, peaks, or
viewing locations. Because Keechelus Lake is both a lake and regional recreation destination, the FONSI
shouldiddress the lake if any part of it is included in the closure area and should explain the basis for
concluding that the closure would not result in significant recreation impacts.
Finally, the Draft EA describes the action as a closure on National Forest Land' Keechelus Lake is a
Burea-u of Reclamation-managed reservoir and part of the Yakima Project, while the Forest Service
manages recreation associated with the reservoir. The County requests clarification and supporting
documentation regarding the Forest Service's authority to regulate access to the water surface, lakebed,
shoreline, or each of those areas within the proposed closure boundary.
Requested Actions
Before issuing a final EA, FONSI, or Decision Notice, the County respectfully requests that the Forest
Service:
Kittitas County Courthouse 205 West 5'r'Avenue, STE 108 ' Ellensburg, WA 98926
(s09) 962-7508 FAX (509) 962-7679
www.co.kittitas.wa.us
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1. Clarify whether the Proposed Action is a five-year temporary closure or a pennanent closure.
2. If permanent closure is proposed, correct the public notice and provide a properly noticed
opportunity for the public to comment specifically upon pennanent closure.
3. Repair or replace inaccessible links and make documents incorporated by reference or materially
relied upon in the EA reasonably available to the public.
4. Provide the public with an opportunity to review those materials before concluding the applicable
public participation process.
5. Explain whether a five-year closure followed by monitoring and reassessment was considered
and, if not analyzed, explain why.
6. Revise the EA and FONSI so that the Proposed Action, environmental analysis, selected action,
and public notice consistently describe the same action.
7 . Clarify the type of access, if any, would be allowed on Keechelus Lake water, submerged lands,
dry lakebed and its shoreline.
8. Clarify precisely what activities would be prohibited within the portion of Keechelus Lake
located inside the closure boundary.
9. Explain how the effects of the Keechelus Lake closure were incorporated into the EA's
conclusion.
10. Include Keechelus Lake and the impacts of the closure on Keechelus Lake in the FONSI.
I 1. Clarify whether the closure includes the surface water, dry lakebed or shoreline and whether the
National Forest Service has the regulatory authority to make this decision.
These comments are intended to support informed decision making, meaningful public participation,
public safety, and affect wildlife connectivity. They should not be interpreted as opposition to wildlife-
crossing improvements or appropriate protective measures. Rather, the County requests that the duration,
scope, legal authority, environmental effects, and public access implications of the proposed closure be
clearly disclosed, adequately analyzed, and subject to meaningful public review before a final decision is
issued.
Please include these comments in the project record for Project No. 349472 and consider each issue in
preparing the final EA, FONSI,Decision Notice,
Chairman
Vice Chairman
Kittitas County Courthouse ' 205 West 5'h Avenue, STE 108 ' Ellensburg, W A 98926
(50e) 962-7s08 .FAX (s09) 962-7679
www.co.kittitas.wa.us
KITTITAS COUNTY
COMMUNITY DEVELOPMENT SERVICES
2026 STUDY SESSION STAFF REPORT
STUDY SESSION DATE: August 25t'`, 2026
TOPIC: I-90 Snoqualmie Pass East — Public Safety/Wildlife Closure
Comment Period (Project No 349472).
ACTION REQUESTED: Direction
BACKGROUND: CDS was made aware of a NEPA comment period specifically
for the closure of 4,888 acres along I-90 which is a part of the I-
90 Wildlife Crossing and located within the Cascade Mountains
migration corridor. The comment period ends August 31, 2026.
The Forest Service is asking for comments on the proposed draft
EA & FONSI.
The Public Lands Advisory Committee (PLAC) has made a
motion and recommendation for the BOCC to consider providing
comments to the NEPA comment period for Project Number
349472, for the staff planner at CDS to draft a comment letter
and to put the letter in front of the BOCC for review as a
potential comment letter. The letter can be approved as written
or modified by the BOCC.
INTERACTION: CDS.
DIRECTION:
DANDLING: None.
ATTACHMENTS: Yes
LEAD STAFF: Chad Bala, CDS Director, Bradley Gasawski, Planner
United States Forest Okanogan -Wenatchee 215 Melody Lane
USDA Department of Service National Forest
= _ _ Wenatchee, WA 98801
Agriculture Supervisors Office
File Code: 1950/2360
Date: July 29, 2026
Dear Friends and Neighbors of the Okanogan -Wenatchee National Forest,
The Draft Environmental Assessment (EA) for the 1-90 Snoqualmie Pass East —Public
Safety/Wildlife Closure Area is available for a 30-day Comment Period beginning July 29,
2026, upon publication of the legal Notice of Opportunity to Comment in The Wenatchee
World (expected to occur on July 29, 2026).
The Okanogan -Wenatchee National Forest (OWNF) is proposing to implement an area
closure on National Forest lands within and adjacent to the 1-90 Snoqualmie Pass East
wildlife crossing structures. The public safety/wildlife closure area encompasses 4,888
acres. Areas adjacent to 8 miles of 1-90 have been under short-term emergency closures
since 2019. The OWNF proposes to extend the temporary closure for 5 years and add areas
adjacent to another 7 miles along 1-90.
This public safety/wildlife closure area extends from Hyak, WA, to the south end of Kachess
Lake, and was designed to provide a 1000' buffer on either side of the highway. That buffer
was extended or retracted to align with natural features, open roads, section lines, or other
elements that were easily defined and identifiable by the public. Where roads pass through
the closure area (e.g., FS-4832 near Gold Creek, utility access roads, or the county -
maintained Kachess Road) the road remains open to a distance of 30 feet from the
shoulder.
The wildlife closure area does not include any developed facilities or open trails, including
winter trails. Winter trails remain open 30' beyond the groomed route. No parking is
allowed on the south side of the 4832 road to reduce the risk of access to the largest
wildlife overcrossing and undercrossing structures. The wetland restoration sites are
included in the closure to meet Clean Water Act permits required by Army Corps of
Engineers, Washington Department of Ecology, and Washington Department of Fish and
Wildlife. These wetlands are required mitigation for the 1-90 Snoqualmie Pass East (SPE)
project.
The closure will be implemented immediately to protect current and planned wildlife
crossing structures, adjacent habitats, and wetland restoration sites. Approximately 7.5
miles of the 1-90 SPE project is complete, 5.5 miles is under construction, and the remaining
2.5 miles is under design.
Background information, effects analyses, and the draft Environmental Assessment for this
project are available on the project website at httos:1www.fs.usda. ov r06 okano an-
wenatchee/proiects13494i. Anyone wishing additional information on the project should
America's Working Forests -Caring Every Day in Every Way Primed on Recycled Paper
contact Patty Garvey-Darda at patricia.:arvevdardafd)usda. ov. Comments received during
this public review of the EA will be considered and a revised (if necessary) EA and draft
Decision Notice will be released for a 45-day review and objection period later this summer or
fall 2026.
COMMENTING ON PROPOSED ACTIONS:
All comments must meet the requirements at 36 CFR Part 218.25. Comments on the project
must be postmarked no later than 30 days after the start of the comment period.
Comments should be addressed to the Responsible Official, David Farmer, Acting Forest
Supervisor, c/o Dan Leininger, Okanogan -Wenatchee National Forest Supervisor's Office
215 Melody Lane Wenatchee, WA 98801. Submit comments electronically at
https://cara.fs2c.usda.gov/Public/'Commentlakqt�Pro'ec=349472.Comments may also be
mailed through postal service to the address above or faxed to 509-996-2208. Hand -
delivered comments may be dropped off at the address above during regular office hours
(8:00AM to 4:30PM, Monday through Friday), except legal holidays. It is the responsibility
of all individuals and organizations to ensure their comments are received in a timely
manner. For electronically mailed comments, the sender should normally receive an
automated electronic acknowledgement from the agency as confirmation of receipt. If the
sender does not receive an automated acknowledgement of the receipt of the comments, it
is the sender's responsibility to ensure timely receipt by other means. Electronic comments
must be submitted only to the web address shown above.
Only those who submit timely and specific comments regarding the proposed project or activity
during a public comment period established by the Responsible Official, such as this one, are
eligible to file an objection (36 CFR Part 218). This regulation provides the public an
opportunity to seek higher level review of unresolved concerns before the project decision
has been signed. Individuals and entities who have submitted specific written comments at
this stage will be eligible to object. Individuals and organizations wishing to be eligible to object
must meet the information requirements of 36 CFR 218. For more information on 36 CFR Part
218, see the Federal Register, Volume 78, No. 59, March 27, 2013.
Thank you foryour continued interest and participation in the management of the
Okanogan- Wenatchee National Forest.
Sincerely,
DAVID FARMER
Acting Forest Supervisor
115
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Patricia Garvey Darda
c/o Okanogan -Wenatchee National Forest
215 Melody Lane
Wenatchee, Washington 98801
David Farmer, Acting Forest Supervisor
c/o Okanogan -Wenatchee National Forest
215 Melody Lane
Wenatchee, WA 98801
Re: I-90 Snoqualmie Pass East — Public Safety/Wildlife Closure, Project No. 349472
Comments on Draft Environmental Assessment, Finding of No Significant Impact, and Draft
Decision Notice
Dear Ms. Garvey-Darda and Mr. Farmer:
Kittitas County submits these comments on the Draft Environmental Assessment (Draft EA),
Draft Finding of No Significant Impact (Draft FONSI), and Draft Decision Notice for I-90
Snoqualmie Pass East Public Safety/Wildlife Closure, Project No. 349472.
The County supports the objectives of protecting public safety, maintaining wildlife connectivity
across I-90, and ensuring the effectiveness of the substantial public investment in wildlife
crossing structures. These comments focus on the adequacy and clarity of the proposed action,
the public notice and participation process, public availability of document relied upon in the
environmental review, the rationale for a permanent rather than a time limited closure, and the
scope and impacts of the closure at Keechelus Lake.
1. The public notice and Draft EA described materially different actions
The July 29, 2026, Notice of Opportunity to Comment states that areas adjacent to eight miles of
I-90 have been subject to short term emergency closures since 2019 and that the Okanogan -
Wenatchee National Forest proposes to "extend the temporary closure for 5 years" and add areas
adjacent to another seven miles of I-90.
In contrast, the Draft EA states that the Forest Service proposes to implement a permanent Public
Safety/Wildlife Closure on National Forest land and adjacent to the I-90 Snoqualmie Pass East
crossing structures. The Draft FONSI likewise states that the closure is permanent. The Draft EA
identifies a closure area of approximately 4,888 acres.
The difference between a five-year temporary closure and a permanent closure is substantive. A
member of the public may support a temporary, monitored closure while opposing an indefinite
restriction on public access. Conversely, a person reading the notice could reasonably conclude
that a permanent closure is not under consideration and elect not to comment.
Under 36 CFR § 218.24(b)(1), the legal notice must include the title and a brief description of
the proposed project or activity. In addition, commenters must provide specific written comments
during the designated comment period to preserve eligibility to participate in the subsequent
objection process. See 36 CFR § 218.25(a)(3).
The Forest Service should therefore clarify which action is proposed and ensure that the public
notice, Draft EA, Draft FONSI, and Decision Notice consistently describe the same action.
If the proposed action is a permanent closure, the County requests the Forest Service provide a
properly noticed opportunity to comment specifically on that action. The County recognizes that
the 30 day comments period for an EA generally may not be extended under 36 CFR §
218.25(a)(1)(iv). However, if the current notice materially misdescribed the action , the Forest
Service should determine the appropriate procedural mechanism to provide meaningful notice
and an opportunity to comment on the action actually proposed.
2. Documents incorporated by reference or relied upon in the Draft EA must be
publicly accessible.
The Draft EA states that it ties to the I-90 Snoqualmie Pass East Final Environmental Impact
Statement (FEIS) and incorporates that FEIS and Record of Decision (ROD) by reference. It
also relies upon or refers readers to other supporting materials, including:
• I-90 Snoqualmie Pass East FEIS and Section 4(f) Evaluation;
• I-90 SPE Record of Decision;
• I-90 SPE Appendix D — MDT Recommendation Package;
• Recreation impact and recreation lands technical documents;
• Snoqualmie Pass Adaptive Management Area Plan documents;
• National FHWA/USDA Forest Service MOU; and
• Barrueto et al. (2014).
• Forest Plan, Implementation -plan, and other materials cited in the Recreation Specialist
Report.
Several Forest Service Box links identified in the Draft EA and supporting Recreation Specialist
Report returned message: "This shared file or folder link has been removed or is unavailable to
you." A screenshot of that message is attached.
These materials are not merely supplemental background documents. They are cited to support
the project purpose and need, commitments to FHWA and WSDOT, ecological objectives,
recreation analysis , and the rationale for the closure. For example, the Draft EA cites the FEIS
to support commitments associated with the wildlife -crossing project and directs readers to FEIS
Appendix D for the conclusion that human activity near crossing structures can compromise their
effectiveness.
As of August 19, 2026, several supporting files appeared to have been uploaded on August 18,
2026, 18 days into the 30 day comment period. This left the public approximately 12 days to
review materials referenced by and incorporated into the Draft EA and FONSI.
Because the Part 218 process requires specific written comments with supporting reasons, the
Forest Service should ensure that the public can access the documents necessary to evaluate and
comment meaningfully on the proposal. The County requests that the Forest Service:
1. Identify each document incorporated by reference or materially relied upon in the Draft
EA;
2. Verify that each document is publicly accessible;
3. Repair or replace all inaccessible links;
4. Make all the referenced materials available on the project website or by another reliable
means; and
5. Provide members of the public a meaningful opportunity to review those materials before
their obligation to submit specific comments is considered complete.
3. The Draft EA should explain why a permanent closure is necessary before
monitoring and reassessment occur.
The public notice describes a five-year temporary closure. The Draft EA instead proposes a
permanent closure, while also acknowledging that long-term wildlife monitoring will provide
additional information and create an opportunity to reassess closure size and effectiveness. The
Draft EA also provides for continuing monitoring in coordination with the I-90 Connectivity
Working Group, including WSDOT, Washington State Dept. of Fish and Wildlife, Central
Washington University, FHWA, Conservation Northwest, and other participants.
This raises a central question: Why is a permanent closure necessary before the anticipated
monitoring results are available?
A five-year closure followed by formal monitoring, reassessment, and potential renewal or
modification appears to be a reasonable management approach. The Draft EA analyzes only the
Proposed Action and No -Action Alternative. Yet the five-year temporary closure described in
the public notice is not clearly analyzed as an alternative.
The County requests that the Forest Service explain:
• Whether a five-year closure followed by monitoring and reconsideration was evaluated;
• If it was evaluated, why it was rejected;
• If it was not evaluated, why does it not constitute a reasonable alternative or management
approach warranting consideration;
• What evidence demonstrates that a permanent closure is currently necessary; and
• What evidence demonstrates that the same wildlife and public -safety objectives could not
be accomplished through renewable, time -limited closure coupled with monitoring and
adaptive management.
Under 7 CFR § lb.5(c)(2), an EA must address the proposed action, environmental impacts, and,
where applicable, alternatives. The Draft EA should provide a clear explanation of the basis for
selecting a permanent closure rather than the temporary closure identified in the public notice.
4. The Draft FONSI and Draft Decision Notice should be completed and revised after
these issues are resolved.
The Draft FONSI includes incomplete template language under "Selected Action," including
direction to "specify" the proposed action or selected alternative and to describe modifications or
mitigations, if any. The County recognizes that the FONSI and Decision Notice are drafts.
However, these incomplete sections reinforce the need to resolve the more fundamental question
of whether the decision will approve a temporary or permanent closure.
Under 7 CFR § 1b.6, a FONSI must document the reasons for the responsible official's
determination that the proposed action or selected alternative will not have a reasonably
foreseeable significant impact. The final FONSI and Decision Notice should clearly identify the
action selected, its duration, its geographic scope, and any applicable mitigation, monitoring, or
adaptive -management provisions.
5. The Draft EA and FONSI should clearly analyze and disclose the closure scope and
effects at Keechelus Lake.
The Draft EA states that the closure does not include developed facilities, open trails, or open
roads. However, the Draft EA and accompanying maps appear to include a substantial portion of
Keechelus Lake, extending up to approximately 1,000 feet from the shoreline along I-90.
Keechelus Lake is a significant public recreation resource. Although it is not a trail, road, or
developed facility, it supports boating, fishing, paddling, swimming, shoreline access, hunting,
winter recreation, and other public uses. Recreationists may also use the exposed lakebed when
reservoir levels are drawn down.
The County request clarification regarding whether the closure includes:
• The water surface;
• Submerged lands;
• The dry lakebed exposed by reservoir drawdown;
0 The shoreline; or
• Some combination of these areas.
The Forest Service should also identify the activities that would be prohibited within the closure
boundary, including whether restrictions would apply to boating, fishing, paddling, swimming,
hunting, winter recreation, and other use of the water surface, or shoreline that may be
considered navigable waters.
If the proposed action would permanently restrict public access to a portion of the Keechelus
Lake, the final EA should disclose:
• The number of affected surface acres and shoreline acres;
• The nature and duration of access restrictions;
• The anticipated effects on boating, fishing, paddling, swimming, hunting, winter
recreation, and shoreline use;
• How those impacts were considered in the conclusion that recreational effects would be
minimal; and
• Whether reasonable alternative access or mitigation measures are available.
The Draft FONSI states that there are no unique opportunities or destinations such as lakes,
peaks, or viewing locations. Because Keechelus Lake is both a lake and regional recreation
destination, the FONSI should address the lake if any part of it is included in the closure area and
should explain the basis for concluding that the closure would not result in significant recreation
impacts.
Finally, the Draft EA describes the action as a closure on National Forest Land. Keechelus Lake
is a Bureau of Reclamation -managed reservoir and part of the Yakima Project, while the Forest
Service manages recreation associated with the reservoir. The County requests clarification and
supporting documentation regarding the Forest Service's authority to regulate access to the water
surface, lakebed, shoreline, or each of those areas within the proposed closure boundary.
Requested Actions
Before issuing a final EA, FONSI, or Decision Notice, the County respectfully requests that the
Forest Service:
1. Clarify whether the Proposed Action is a five-year temporary closure or a permanent
closure.
2. If permanent closure is proposed, correct the public notice and provide a properly noticed
opportunity for the public to comment specifically upon permanent closure.
3. Repair or replace inaccessible links and make documents incorporated by reference or
materially relied upon in the EA reasonably available to the public.
4. Provide the public with an opportunity to review those materials before concluding the
applicable public participation process.
5. Explain whether a five-year closure followed by monitoring and reassessment was
considered and, if not analyzed, explain why.
6. Revise the EA and FONSI so that the Proposed Action, environmental analysis, selected
action, and public notice consistently describe the same action.
7. Clarify the type of access, if any, would be allowed on Keechelus Lake water, submerged
lands, dry lakebed and its shoreline.
8. Clarify precisely what activities would be prohibited within the portion of Keechelus
Lake located inside the closure boundary.
9. Explain how the effects of the Keechelus Lake closure were incorporated into the EA's
conclusion.
10. Include Keechelus Lake and the impacts of the closure on Keechelus Lake in the FONSI.
11. Clarify whether the closure includes the surface water, dry lakebed or shoreline and
whether the National Forest Service has the regulatory authority to make this decision.
These comments are intended to support informed decision making, meaningful public
participation, public safety, and effect wildlife connectivity. They should not be interpreted as
opposition to wildlife -crossing improvements or appropriate protective measures. Rather, the
County requests that the duration, scope, legal authority, environmental effects, and public access
implications of the proposed closure be clearly disclosed, adequately analyzed, and subject o
meaningful public review before a final decision is issued.
Please include these comments in the project record for Project No. 349472 and consider each
issue in preparing the final EA, FONSI, and Decision Notice.
Sincerely,
Brett Wachsmith, Chairman
Laura Osiadacz, Vice Chairman
Commissioner
Date
ti
Page 1 of 1
Information Technology “Study Session Staff Report”, 8/25/2026
KITTITAS COUNTY
BOARD OF COUNTY COMMISSIONERS
STAFF REPORT FOR
STUDY SESSION
Information Technology
STUDY SESSION DATE: 8/25/26
TOPIC: Discussion of County Enterprise AI - GovAI
ACTION REQUESTED: No Action - Information Only
LEAD STAFF: Interim IT Director Zane Kinney
RECOMMENDATION:
No recommendation requested.
BRIEFING SUMMARY:
The IT department has recently partnered with GovAI.com. GovAI helps government
agencies improve staff productivity and service delivery by providing secure, practical AI
assistance for drafting, summarizing, research, policy development, records-related
workflows, and operational decision support. It enables teams to complete routine
knowledge work faster while maintaining the governance, accountability, and public-
sector context agencies require.
The IT Department and other users have had positive experiences test driving GovAI’s
platform and decided to move forward with upgrading to their enterprise-level package
quoted for $15k annually that offers further privacy and security protection, more AI
features, and improved user experience. The Central Services Committee has been
briefed and recommended the upgrade. Finance & Budgeting Director Zack DeHaven
and Deputy Prosecutor III James McCubbin have both reviewed the quote. The IT
department has signed the quote and plans to upgrade to the new version on September
1st.
FISCAL IMPACTS:
$20k for 16 months; $15k annually after the first 16 months.
ATTACHMENTS:
GovAI Quote
Legal consultation? Yes
Finance consulted? Yes
Subscription Agreement
GovAI Enterprise
ORDER FORM
Civia Inc. dba GovAI (“GovAI”)
Address: Civia / GovAI
375 Hagey Blvd, Suite 310
Waterloo ON N2L 6R5
Canada
Billing
Contact:
Billing@GovAI.com
888-336-1993 (ext. 110)
IRS EIN # 98-1807134
Service Description
Civia Inc. dba GovAI has developed a software-as-a-service (“SaaS”) product offered as a platform (the “GovAI
Platform”), which provides to Customer and its Customer Personnel AI/LLM tools that include a compliance and safety
layer and contextual optimizations for public sector use-cases through the GovAI website https://govai.com (the
“Website”, together with the GovAI Platform and their respective features and functionality, the “Service”).
Agreement Details
Effective Date of
Agreement:
Sept 1st, 2026 Order Form Valid If Executed By: Aug 31, 2026
Subscription Period (Term): 16-month (Sept 1, 2026 - Dec 31, 2027)
Subscription Currency ($): USD
Subscription Fees
Line Item Value
GovAI Enterprise – Municipal per year $26,00.00
Early Partner Program Discount (Washington) -$11,000.00
SSO & SCIM Included
Folios Included
Annual Total Total $15,000.00
16-Month Total $20,000.00
Limitations & Additional Terms:
● Users limited to staff directly and actively employed by Kittitas County and not sub-organizations, contractors, or
others
● Annual Subscription Fees will automatically increase by 3.5% per annum, as set out in Section 8.7 of the Terms &
Conditions
BY SIGNING BELOW, EACH PARTY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THE TERMS OF
THIS THE SUBSCRIPTION AGREEMENT (INCLUDING THE ABOVE ORDER FORM AND THE SUBSCRIPTION
TERMS SET OUT IN SCHEDULE “A” HERETO) AND, FOR GOOD AND VALUABLE CONSIDERATION, AGREES TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT.
Kittitas County Washington GOVAI
By: _________________________________ By: _________________________________
Name: _________________________________ Name: _________________________________
Title: _________________________________ Title: _________________________________
I have authority to bind the Customer
Sign Date: _________________________________ Sign Date: _________________________________
GovAI.com
Customer Details (“Customer”)
Legal Name: Kittitas County Washington
Address: 205 W 5th Ave
Ellensburg, WA 98926-2887
Billing Contact:
Zane Kinney,
zane.kinney@co.kittitas.wa.us
2026-08-04
CGO, Client Relations
Subscription Agreement
GovAI Enterprise
SCHEDULE A: Subscription Terms
This Subscription Agreement (the “Agreement”) is an agreement between “Customer” (identified in the subscription
order form below “Order Form”) and Civia Inc. dba GovAI, a Canadian corporation with its primary place of business
located at the address set forth in the Order Form (“GovAI”, together with Customer, the “Parties” and each, a “Party”)
entered into as of the effective date set out in Order Form below (the “Effective Date”). This Agreement is comprised of
this Order Form, and the Agreement Terms (“Subscription Terms”) attached as Schedule “A” hereto. In the event of a
conflict or controversy between the terms and provisions of the Order Form and the Subscription Terms, the terms of the
Order Form shall prevail over the Subscription Terms. Each Party will notify the other in writing of any changes to each
Party’s contact information.
1. TERM AND TERMINATION.
1.1 Term. This Agreement commences as of the
Effective Date and shall continue in effect for the
term indicated on the Order Form (“Initial Term”).
Thereafter, the term of the Agreement shall be
automatically renewed, on a annual basis, on the
anniversary of the Effective Date this Agreement
as a “Renewal Term”), unless either party gives
written notice of non-renewal to the other party at
least sixty (60) days prior to the end of the Initial
Term or any Renewal Term hereof (the “Initial
Term”, and any “Renewal Term”, together with the
“Term”).
1.2 Termination for Cause. A Party may terminate
this Agreement for cause: (i) upon thirty (30) days
written notice of a material breach to the other
party if such breach remains uncured at the
expiration of such period; or (ii) if the other party
becomes the subject of a petition in bankruptcy or
any other proceeding relating to insolvency,
receivership, liquidation or assignment for the
benefit of creditors.
2. LIMITED LICENSE. Subject to the terms of this
Agreement including payment of the applicable
fees for Service set out in the Order Form
(“Subscription Fees”), GovAI hereby grants to
Customer, a non-exclusive, non-transferable,
non-sublicensable (except to Customer
Personnel), limited internal license to access and
use during the Term the Service and
Documentation (if any) for the duration of the
Term. Customer and any authorized director,
officer, employee, or contractor under the employ
or other engagement of the Customer (“Customer
Personnel”) shall access and use the Service
solely for internal business purposes, and subject
to any user or account restrictions set forth in the
Order Form.
3. RESTRICTIONS. Customer shall not and shall not
permit anyone to, directly or indirectly, (i) modify,
translate, adapt, disassemble, reverse assemble
or engineer, reverse compile or decompile, or
otherwise attempt to discover or derive the source
code, object code or underlying structure, ideas,
know-how or algorithms relevant to the Service
and/or any Documentation (except to the extent
expressly permitted by GovAI or authorized within
the Service); (ii) copy, sublicense, distribute,
assign, re-license, sell, lease, transfer, or
otherwise use the Service for time-sharing or
otherwise for the benefit of a third-party; (iii)
circumvent any user limits or other timing or use
restrictions that are built into the Service; (iv) frame
or mirror any content forming part of the Service;
(v) use the Service to send or store infringing,
obscene, threatening, libelous, or otherwise
unlawful or tortious material, including material that
is harmful to children or violates third-party privacy
or publicity rights; (vi) use the Service to send or
store means viruses, worms, time bombs, Trojan
horses and other harmful or malicious code, files,
scripts, agents or programs (“Malicious Code”);
(vii) have access to the Service to interfere with or
disrupt the integrity or performance of the Service
or the data contained therein; (viii) (a) build a
competitive offering or product, and/or (b) copy
any ideas, features, functions or graphics of the
Service; and/or (ix) remove any identifying marks,
logos, labels, or other proprietary notice from the
Service.
4. CUSTOMER DATA. Customer grants to GovAI a
non-exclusive, worldwide, royalty-free fully paid-up
license to access, collect, use, analyze, store and
process any information, materials, and any
content transmitted to or from the Service by or to
Customer or Customer ’s Personnel (“Customer
Data”) solely to: (i) provide the Service to
Customer; and (ii) evaluate and improve the
functions, features and operation of the Service. To
the extent that any Customer Data or information
transmitted to and collected by the Service,
includes personal information, GovAI will treat
such information as confidential in accordance with
the requirements of Section 9 below. Customer
Data expressly excludes any Feedback (defined
below) provided by Customer to GovAI or
transmitted thereby to the Service, which such
Feedback shall be owned exclusively by GovAI on
the terms set out in Section 5.
GovAI.com
Subscription Agreement
GovAI Enterprise
For the avoidance of doubt:
(a) the license contemplated herein shall not
permit GovAI to create aggregated data sets
(whether anonymized, de-identifying, statistical or
otherwise) for purposes of training the Platform or
any third party LLMs used by the Platform,
(b) Customer Data will not be used to train the AI
models of the Platform or any third party LLMs,
and
(c) GovAI has opted out, and shall continue to opt
out, of all available options to do so, as applicable,
for any such third party LLM.
In addition:
(d) Customer retains full control over the retention
and deletion of Customer Data throughout the
entire contract lifecycle, including during the pilot
phase, the term of the contract, and upon
termination. Customer may configure data
retention periods through in-app settings.
(e) When Customer Data is pruned in accordance
with a configured retention schedule, an archive of
the data will be generated and delivered to
Customer via secure SFTP transmission.
(f) Upon receipt of a termination notice from
Customer, GovAI shall securely delete all
Customer Data from its systems within sixty (60)
days, unless otherwise directed by Customer
through configured retention settings or other
written instruction.
5. FEEDBACK. Customer may from time to time
provide to GovAI reasonable feedback with
respect to the Service, including without limitation
information on usability and evaluation of the
Service and Documentation (“Feedback”).
Customer agrees that any such Feedback, as well
as any other know-how, developments,
improvements, or data concerning the Service that
Customer may suggest or provide to GovAI
(collectively, “Improvements”) will be the sole
property of GovAI and may be used by GovAI for
any purposes GovAI sees fit.
6. PROPRIETARY RIGHTS. As between GovAI and
Customer, Customer owns all right, title and
interest in and to Customer Data. All Intellectual
Property Rights in and to the Service and
Documentation shall, at all times, remain
exclusively with GovAI and its licensors. Customer
shall acquire no right whatsoever to all or any part
of the Service except the right to use the Service in
accordance with the terms of this Agreement and
GovAI and its licensors reserve all rights not
expressly granted to Customer.
As used herein: (i) “Documentation” means, any
written or electronic technical documentation,
including user manuals, reference materials and/or
release notes (if any) that is made available with
the Service, and which may be updated and
amended from time to time; and (ii) “Intellectual
Property Rights” means, all proprietary rights in
and to Documentation, patents, trademarks,
tradenames, trade dress, trade secrets, authorship
(including the Documentation, expressions,
designs, copyrights and copyrightable works,
software and firmware, application programming
interfaces, architecture, files, records, schematics,
data, data files, and databases and other
specifications and documentation, all industrial and
other intellectual property rights, and all
modifications, translations or adaptations,
improvements or developments in and of the
foregoing, and all rights, interests, and protections
that are associated with, equivalent or similar to, or
required for the exercise of, any of the foregoing,
however arising, in each case whether registered
or unregistered, all registrations, rights to register
or apply for registration, renewals, reversions, all
waivers and assignments of moral rights, all
assignments of model and property releases, and
all rights to enforce such rights or interest, in any
work, including without limitation, the structure,
sequence and organization of the same, worldwide
and in perpetuity.
7. CUSTOMER OBLIGATIONS. Customer agrees to:
(i) comply and cause Customer Personnel to
comply with its confidentiality obligations, and all
other obligations set out in this Subscription
Agreement; (ii be solely responsible and liable at
all times for all activities that occur in and on its
accounts; (iii) have sole responsibility for the
accuracy, quality, integrity, legality, reliability, and
appropriateness of all Customer Data; (iv) use
commercially reasonable efforts to prevent
unauthorized access to, or use of the Service, and
notify GovAI promptly of any such unauthorized
access or use; and (v) use the Service as it is
intended to be used solely for Customer’s internal
purposes, and will comply with all applicable laws,
statutes, constitution, principles of common law,
rules, regulations, codes, acts, ordinances, orders,
decrees, injunctions, by-laws, authorizations,
directions, requirements, rulings, injunctions,
agreements, and consents enacted, adopted,
and/or in force by a court or governmental
authority, body or department (“Applicable Law”).
8. FEES & PAYMENT.
GovAI.com
Subscription Agreement
GovAI Enterprise
8.1 Fees. Customer shall pay GovAI the Subscription
Fees as specified in the Order Form.
8.2 Invoicing & Payment. Unless otherwise stated
on the Order Form, Subscription Fees will be
invoiced quarterly or annually in advance, and
payment is due net thirty (30) days from the
invoice date. Customer is responsible for
maintaining complete and accurate billing and
contact information with GovAI.
8.3 Overdue Payments. Any payment not received
from Customer by the due date may accrue, at
GovAI’s discretion, late charges at the rate of 1.5%
of the outstanding balance per month, or the
maximum rate permitted by law, whichever is
lower, from the date such payment was due until
the date paid.
8.4 Taxes. Unless otherwise stated, the Subscription
Fees do not include any direct or indirect local,
state, provincial, federal or foreign taxes, levies,
duties, or similar governmental assessments of
any nature, including value-added, goods and
services, harmonized, use, or withholding taxes
(collectively, "Taxes"). Unless otherwise exempt,
Customer is responsible for paying all Taxes
associated with its purchases pursuant to the
Subscription Agreement, excluding taxes based on
GovAI’s net income or property. If GovAI has the
legal obligation to pay or collect Taxes for which
Customer is responsible under this section, the
appropriate amount shall be invoiced to and paid
by Customer, unless Customer provides GovAI
with a valid tax exemption certificate authorized by
the appropriate taxing authority.
8.5 Audit Rights. GovAI shall have the right to use
the capabilities of the Service to confirm the
number of users using the Service and Customer’s
compliance with these Subscription Terms.
8.6 Suspension of Service. If Customer ’s account is
sixty (60) days or more overdue, then in addition to
any of its other rights or remedies, GovAI shall
have the right to suspend the Service provided to
Customer, without liability to Customer, until such
amounts are paid in full.
8.1 Fee Changes; Automatic Annual Increase.
Subscription Fees shall automatically increase by
three and one-half percent (3.5%) per annum on
the start date of each Renewal Term (each
anniversary of the Effective Date). GovAI will
provide written notice of the adjusted Subscription
Fees at least sixty (60) days prior to the start of the
applicable Renewal Term. Except for the foregoing
automatic increase, GovAI may change any other
fees upon sixty (60) days prior written notice, and
such revised prices shall become applicable at the
start of the next Renewal Term.
9. CONFIDENTIALITY.
9.1 Definitions. As used in this Section 9,
“Confidential Information” shall mean and
include information disclosed by GovAI or
Customer (the “Disclosing Party”) to the other
(the “Recipient”) during the term of the Agreement
that is either (i) marked as confidential or (ii)
disclosed orally and described as confidential at
the time of disclosure and subsequently set forth in
writing, marked confidential, and sent to the
Recipient not more than thirty (30) days after the
initial disclosure. Notwithstanding the foregoing, in
no event shall the absence of such a mark or
legend preclude disclosed information which would
be considered confidential by someone exercising
reasonable business judgment from being treated
as Confidential Information. Confidential
Information includes the Service (and the results of
any testing or evaluation of the Service),
Documentation, and any other related information
furnished by GovAI to Customer, including, without
limitation, all Intellectual Property Rights,
information, pricing plans, know-how, product
plans, technical information and specifications.
9.2 Compliance and Obligations. The Disclosing
Party agrees to keep confidential any and all
Confidential Information of Recipient and shall take
reasonable steps it takes to protect its own
Confidential Information. Recipient shall only
disclose such Confidential Information (i) to its
Personnel, agents, or representatives who have a
need to know such information, for the purpose of
performing their obligations under this Agreement,
and who have entered into confidentiality
agreements and are bound by confidentiality
obligations no less protective as this Agreement,
or (ii) to the extent required by Applicable Law or
during the course of or in connection with any
litigation, arbitration or other proceeding based
upon or in connection with the subject matter of
this Agreement, provided that the Disclosing Party
shall give the recipient reasonable notice prior to
such disclosure and shall comply with any
applicable protective order or equivalent.
9.3 Freedom of Information Requests and Public
Records Laws. Notwithstanding the obligations in
this Section 9, the Customer may be subject to
applicable public records laws, including but not
limited to the Freedom of Information Act (FOIA) or
similar state or provincial legislation, which may
require disclosure of certain information. If the
GovAI.com
Subscription Agreement
GovAI Enterprise
Customer receives a request for the disclosure of
Confidential Information under such laws, the
Customer shall promptly notify GovAI of the
request and, to the extent legally permissible,
allow GovAI to seek a protective order or other
appropriate remedy to protect the Confidential
Information. If GovAI fails to obtain such remedy,
the Customer may disclose the requested
Confidential Information in accordance with
Applicable Law, and such disclosure will not
constitute a breach of this Agreement.
9.4 Exceptions. Confidential Information shall not
include information which: (i) is or later becomes
publicly available without breach of this
Agreement, or is disclosed by the Disclosing Party
without any obligation of confidentiality; (ii) is
known to the Recipient at the time of disclosure by
the Disclosing Party, (iii) is independently
developed by the Recipient without use of
Confidential Information, (iv) becomes known or
available to the Recipient without restriction from a
source having the lawful right to disclose such
information; (v) is generally known or readily
ascertainable by Parties of ordinary skill in the
business of the Recipient; or (vi) is software code
in either object code or source code form that is
licensed under an open source license.
10. MUTUAL INDEMNIFICATION.
10.1 Indemnification by GovAI. Subject to the terms
and conditions of the Subscription Agreement,
GovAI shall, at its own expense, defend Customer
in any action, suit, or proceeding brought by a third
party alleging that the Service infringes or
misappropriates any patent, trademark, trade
secret, copyright or any other intellectual property
rights of such third party (an “IP Claim”) and shall
indemnify and hold Customer harmless from and
against any settlement amounts agreed in writing
by GovAI and/or any losses, damages, expenses
or costs (including but not limited to reasonable
attorneys' fees) awarded to such third party
against Customer by a court or tribunal of
competent jurisdiction in such IP Claim. As
conditions for such defense and indemnification by
GovAI, (i) Customer shall notify GovAI promptly in
writing upon becoming aware of all pending IP
Claims; (ii) Customer shall give GovAI sole control
of the defense and settlement of such IP Claims;
(iii) Customer shall cooperate fully with GovAI in
the defense or settlement of such IP Claims; and
(iv) Customer shall not settle any IP Claims without
GovAI’s written consent, or compromise the
defense of any such IP Claims or make any
admissions in respect thereto.
10.2 Mitigation. If (a) GovAI becomes aware of an
actual or potential IP Claim, or (b) Customer
provides GovAI with notice of an actual or potential
IP Claim, GovAI may (or in the case of an
injunction against Customer, shall), at GovAI’s sole
option and determination: (I) procure for Customer
the right to continue to use the Service; or (II)
replace or modify the Service with equivalent or
better functionality so that Customer’s use is no
longer infringing; or (III) if (I) or (II) are not
commercially reasonable, terminate the provision
of the Service and refund to Customer any
pre-paid Subscription Fees for any periods after
the termination of the Service, less any
outstanding monies owed by Customer to GovAI.
10.3 Exclusions. The obligations in Sections 10.1 and
10.2 do not extend to (1) any IP Claim based upon
infringement or alleged infringement of any patent,
trademark, copyright, or other intellectual property
right by the combination of the Service furnished
by GovAI with other products, software or services
not provided by GovAI; (2) any IP Claim related to
any Customer Data, or (3) any IP Claim related to
any use or exercise of any other right in respect to
the Service outside the scope of the rights granted
in the Subscription Agreement.
10.4 Indemnification by Customer. Subject to the
terms and conditions of the Subscription
Agreement, Customer shall, at its own expense,
defend GovAI, and its directors, officers,
employees, and agents (the “GovAI
Indemnitees”) in any action, suit, or proceeding
brought by a third party against any of the GovAI
Indemnitees alleging that the Customer Data, or
Customer's use of the Service in violation of the
Subscription Agreement, infringes or
misappropriates the Intellectual Property Rights or
other rights of, or has otherwise harmed, a third
party (“Customer Claims”) and shall indemnify
and hold the GovAI Indemnitees harmless from
and against any settlement amounts agreed in
writing by Customer and/or any losses, damages,
expenses or costs (including but not limited to
reasonable attorneys' fees) awarded to such third
party against any of the GovAI Indemnitees by a
court or tribunal of competent jurisdiction in any
such Customer Claim. As conditions for such
defense and indemnification by Customer, (i)
GovAI shall notify Customer promptly in writing
upon becoming aware of all pending Customer
Claims; (ii) GovAI shall give Customer sole control
of the defense and settlement of such Customer
Claims; (iii) GovAI shall cooperate fully with
Customer in the defense or settlement of such
Customer Claims; and (iv) GovAI shall not settle
any Customer Claims without Customer’s written
consent, or compromise the defense of any such
GovAI.com
Subscription Agreement
GovAI Enterprise
Customer Claims or make any admissions in
respect thereto.
11. WARRANTIES AND DISCLAIMERS.
11.1 Warranties. Each party represents, warrants
to the other party that: (a) it has all requisite
power and authority and approvals to
execute, deliver and perform its obligations
under this Agreement; (b) the execution and
delivery of this Agreement and the
performance of its obligations hereunder
have been duly authorized by it and any
necessary third parties; and (c) it will perform
its duties and obligations hereunder in a
careful, diligent, professional, proper, efficient
and businesslike manner.
11.2 EXCEPT FOR THE EXPRESS WARRANTIES
SET OUT ABOVE, THE SERVICE AND
DOCUMENTATION (IF ANY) UNDER THIS
AGREEMENT ARE PROVIDED “AS IS” AND
‘WHERE IS” AND GOVAI EXPRESSLY
EXCLUDES AND DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES, OR
CONDITIONS OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO,
MERCHANTABILITY, MERCHANTABLE
QUALITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE.
11.3 GOVAI DOES NOT REPRESENT OR WARRANT
THAT THE GOVAI PLATFORM WILL PRODUCE
ACCURATE OR RELEVANT CONTENT FOR THE
CUSTOMER, OR OTHERWISE PERFORM
WITHOUT INTERRUPTION OR ERROR. WHILE
MAINTAINING REASONABLE DATA SECURITY
MEASURES CONSISTENT WITH ITS
OBLIGATIONS UNDER THIS AGREEMENT,
GOVAI CANNOT GUARANTEE THAT THE GOVAI
PLATFORM IS SECURE FROM HACKING OR
OTHER UNAUTHORIZED INTRUSION, OR THAT
CUSTOMER USAGE DATA WILL REMAIN
PRIVATE OR SECURE UPON SUCH HACKING
OR INTRUSION. GOVAI DOES NOT
REPRESENT THAT THE OUTPUT GENERATED
BY THE GOVAI PLATFORM WILL BE
SATISFACTORY IN ANY WAY TO CUSTOMER.
GOVAI HAS NO CONTROL OVER THE
OPERATION OF THE THIRD PARTY LLMS IT
ACCESSES AS PART OF ITS PROCESSING
ACTIVITIES, THE OUTPUTS THEY GENERATE,
OR THE CONTINUED AVAILABILITY OF ANY
THIRD PARTY LLMS.
12. [REMOVED CLAUSE]
13. GENERAL PROVISIONS.
13.1 Entire Agreement. This Agreement (including the
Subscription Terms set out in this Schedule A, and
the Order Form), and all other applicable
schedules, exhibits, and addenda to this
Agreement, constitutes the entire agreement
between the Parties and supersedes all prior and
contemporaneous agreements, proposals or
representations, written or oral, concerning its
subject matter. No modification, amendment, or
waiver of any provision of this Agreement shall be
effective unless in writing and signed by the party
against whom the modification, amendment, or
waiver is to be asserted. To the extent of any
conflict or inconsistency between the provisions in
the body of these Subscription Terms, and the
Order Form, or any schedule, exhibit, or
addendum, the terms of the Order Form shall
prevail.
13.2 Relationship. The Parties are independent
contractors and nothing in this Agreement shall
create, or be construed to create, an employment
or agency relationship between GovAI and
Customer.
13.3 Governing Law and Venue. This Agreement shall
be governed by and construed in accordance with
the laws of the Customer’s State identified on the
Order Form, and the federal laws of United States
applicable therein, without regard to its conflict of
laws principles or those of any other jurisdiction,
except where a different jurisdiction is specified in
the Order Form, in which case the laws of the
specified jurisdiction shall apply. Any legal action
or proceeding arising under this Agreement shall
be brought exclusively in the courts of competent
jurisdiction located in the Customer ’s State
identified on the Order Form, and the Customer
consents to the personal jurisdiction and venue of
such courts, unless a different venue is designated
in the Order Form, in which case the venue
specified in the Order Form shall govern.
13.4 Waiver. The delay or failure of either Party to
exercise any rights under this Agreement will not
constitute, or be deemed to constitute, a waiver or
forfeiture of such rights. No waiver shall be valid
unless it is in writing and signed by the Party
against whom such waiver is sought.
13.5 Assignment. The rights, duties, and privileges of
a Party to this Agreement shall not be transferred
or assigned by it, in whole or in part, without the
prior written consent of the other Party.
Notwithstanding the foregoing, GovAI will have the
right to assign this agreement in connection with
GovAI.com
Subscription Agreement
GovAI Enterprise
the sale of substantially all of its assets to a third
party or in the event of a change of control.
13.6 Severability. In case any one or more of the
provisions of this Agreement should be held
invalid, illegal, or unenforceable, each such
provision shall be modified, if possible, to the
minimum extent necessary to make it valid and
enforceable, or if it cannot be so modified, then
severed, and the remaining provisions contained in
this Agreement shall not in any way be affected or
impaired.
13.7 No Third-Party Beneficiaries. Nothing herein
shall confer, or be deemed to confer, on any
person or entity not a signatory hereto any rights
or benefits hereunder.
13.8 Headings. All headings contained in this
Agreement are included as a matter of
convenience and shall not be deemed part of such
Agreement for purposes of interpretation.
13.9 Notices. All notices, demands, or other
communications required or permitted to be given
under this Agreement by either Party to the other
may be effected either by personal delivery in
writing or by email at the addresses appearing on
the Order Form, but each Party may change such
address by written notice to the other Party in
accordance with the Order Form. Notices delivered
personally will be deemed communicated as of
actual receipt. Mailed notices will be deemed
communicated as of three (3) days after mailing.
13.10 Language. The Parties have required that this
Agreement and all documents and notices
resulting from it be drawn up in English.
13.11 Force Majeure. Except with respect to the
Customer ’s payment obligations, neither Party
shall be responsible for its failure to perform to the
extent due to unforeseen circumstances or causes
beyond its control, including but not limited to acts
of God, wars, terrorism, epidemics or pandemics,
riots, embargoes, acts of civil or military
authorities, fires, floods, accidents, or strikes,
labour problems (other than those involving the
employees of the affected party), computer,
telecommunications, Internet service GovAI or
hosting facility failures or delays involving
hardware, software or power systems not within a
Party’s possession or reasonable control, provided
that such Party gives the other party prompt
written notice of the failure to perform and the
reason therefore and uses its reasonable efforts to
limit the resulting delay in its performance.
13.12 Export. Customer acknowledges and agrees
that the Service may be subject to export and
import controls under the regulations of Canada,
the United States, and other countries, and
Customer shall comply with all export and import
control regulations of such countries. Customer
shall not use the Service for any purposes
prohibited by export laws, including, without
limitation, nuclear, chemical, or biological weapons
proliferation. Customer shall be responsible for
procuring all required permissions for any
subsequent export, import, or use of the Service.
13.13 Surviving Provisions. The following
provisions of shall survive any termination or
expiration of the Subscription Agreement: Sections
4-12; and this Section 13.
13.14 Counterparts (Execution): The Parties may
execute this Agreement in multiple counterparts,
each of which constitutes an original as against the
Party that signed it, and all of which together
constitute one agreement. The delivery of signed
counterparts by facsimile, email, or other electronic
transmission that includes a copy of the sending
Party’s signature is as effective as signing and
delivering the counterpart in person.
13.15 Pilot Period: A Pilot period may be defined on
the Order Form under Limitations and Additional
Terms. The Customer may terminate the Pilot at
any time during the Pilot term by providing written
notice, resulting in the termination of the entire
Subscription Agreement, with no fees owed to
GovAI. If the Customer terminates during the Pilot
period, GovAI’s handling of Customer Data,
including deletion and archival, shall be governed
by the provisions set forth in Section 4 (Customer
Data). If the Pilot period concludes successfully, as
determined solely by the Customer, GovAI shall
invoice the amount specified in the Order Form.
For the avoidance of doubt, all terms of this
Agreement—including those relating to
confidentiality, intellectual property, limitations of
liability, and all other applicable
provisions—remain in effect during the Pilot
period. Surviving Provisions continue as stipulated
in Section 13.13.
13.16 Insurance. During the term of this Agreement,
GovAI shall maintain at its own expense,
insurance coverage including, but not limited to,
General Commercial Liability Insurance,
Professional Liability/Errors and Omissions
Insurance, and Cyber Liability Insurance with
coverage limits that are customary and appropriate
for a company of its size and industry, and in no
GovAI.com
Subscription Agreement
GovAI Enterprise
event shall such coverage limits be less than
$2,000,000 aggregate. Upon Customer’s
reasonable request, GovAI shall provide evidence
of such insurance coverage.
13.17 Supersession of Website Terms. For clarity
and the avoidance of doubt, the terms and
conditions set forth in this Agreement (“Agreement
Terms”) shall govern and supersede any other
terms of use, privacy policy, or any other
agreement, policy, or terms posted on the GovAI
website (https://govai.com) or any other website
operated by GovAI, including but not limited to
those agreed to by website users. In the event of
any inconsistency or conflict between this
Agreement and any such posted website terms,
the terms of this Agreement shall prevail and
govern the relationship between the Parties.
13.18 Discount Termination Clause.
Notwithstanding any prior agreement,
representation, or designation of any discount as
“perpetual” or otherwise continuing, any and all
discounts, price reductions, or special pricing
granted under this Agreement shall automatically
and irrevocably terminate upon the expiration or
termination of this Agreement, for any reason. The
Customer acknowledges and agrees that such
discounts shall not be available in any future
agreements or engagements between the Parties,
including if the Customer, its affiliates, or
successors re-engage with GovAI at a later date
as a new or returning customer, unless expressly
agreed to in writing by GovAI at its sole discretion.
GovAI.com
Audit trail
Details
FILE N AME GovAI Subscription Agreement - Kittit as County - Aug 4th 2026.docx - 8/4/26, 9:16 AM.pdf
STATUS Signed
STATUS TIMESTAM P 2026/08/04
13:56:25 UTC
Activity
SENT
iroberts@govai.com sent a signature request to:
Andrew Wilgar (aw ilgar@govai.com)
2026/08/04
13:16:06 UTC
SIGN ED
Signed by Andrew Wilgar (awilgar@govai.com)2026/08/04
13:56:25 UTC
COMPLETED
This document has been signed by all signers and is complete 2026/08/04
13:56:25 UTC
The email address indicated above for each signer may be associated with a Google account, and may either be the primary email
address or secondary email address associated with that account.
Page 1 of 2
Information Technology “Study Session Staff Report”, 8/25/2026
KITTITAS COUNTY
BOARD OF COUNTY COMMISSIONERS
STAFF REPORT FOR
STUDY SESSION
Information Technology
STUDY SESSION DATE: 8/25/26
TOPIC: Discussion of the IT Department & ETF Budget
ACTION REQUESTED: No Action - Information Only
LEAD STAFF: Interim Director Zane Kinney
RECOMMENDATION:
No recommendations requested.
BRIEFING SUMMARY:
Significant technology sector price increases, recent changes in the cyber threat
landscape, the continual growth of the county’s subscription software inventory, and
deferred maintenance of IT infrastructure presents challenges to the IT department to
securely provide services and ensure continuity of operations. Current predictions are that
core IT spending will see 4% to 6% annually over the next 3 years, with several
categories hitting 10% annually.
DISCUSSION:
The IT Department’s most significant budgeting challenges for 2027 are:
• GIS Resource Allocation
The vacant GIS analyst position was historically funded in part by KITTCOM.
An increased investment in either staff or professional services should be
expected.
• Cybersecurity / Continuity of Operations.
Infrastructure remediation, staff training, and professional services are going to be
priorities in 2027.
• Software Subscriptions
The county’s inventory of software, licensed on a subscription model, is
increasing. Many traditionally licensed applications we use are moving to
subscription models.
FISCAL IMPACTS:
Actual budgetary impacts will be discussed in future financial budget workshops
Page 2 of 2
Information Technology “Study Session Staff Report”, 8/25/2026
ATTACHMENTS:
No Attachments
Legal consultation? No
Finance consulted? Yes
Page 1 of 2
Information Technology “Study Session Staff Report”, 8/25/2026
KITTITAS COUNTY
BOARD OF COUNTY COMMISSIONERS
STAFF REPORT FOR
STUDY SESSION
Information Technology
STUDY SESSION DATE: 8/25/26
TOPIC: Discussion of the IT Department Project Status
ACTION REQUESTED: No Action - Information Only
LEAD STAFF: Interim Director Zane Kinney
RECOMMENDATION:
No recommendation requested.
BRIEFING SUMMARY:
Back in June, IT leaders reported the large number of active projects being worked on
with the Board directing IT leaders to continue working on projects using the
department’s standard procedures. Today, IT leaders are providing a progress update on
active projects.
DISCUSSION:
Interim IT Director Zane Kinney continues working with each division on their highest
prioritized projects to ensure progress continues in a timely manner.
Network/Systems
• Core switch rotation*
• M365 enhanced security and phishing resistant MFA*
• Server Migrations
• Security Information and Event Management (SIEM)*
Applications
• Public website replacement
• CAMAS feature replacement
• Laserfiche migration to new servers
• Application service account refresh
GIS
• Services migration
• COMPAS migration to Esri solution
• Noxious Weeds application replacement
Page 2 of 2
Information Technology “Study Session Staff Report”, 8/25/2026
Administration
• IT records management project
Management
• Incident Response Plan
• Purview implementation
• Project management
FISCAL IMPACTS:
No relevant impact to report at this time.
ATTACHMENTS:
No Attachments
Legal consultation? No
Finance consulted? No