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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 a a a o a 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 America's Working Forests -Caring Every Day in Every Way Printed on Recycled Paper ai Q Q x o W U (� f co W L U V7 O N 3 n O OD C 0 E a ca m m U o d M _LU 0 CDQ O 0 .a £ C Q LL oa yd E U f� �, C 0 N CV) C Z? 3 M LL Z ❑ a O > m caN Cf ❑ Z❑ Cl) = O U + u kk £N cm ccnE X j I �� Lo `/ N a m OE Eo IT 0 U �1r le- --�/ II ul m n N z 8 a N QD r- r] �.1 tea' N �11 i J7 sCti u a> c c n y PC 0 LL m `m 8 m o 5 0 �� � Qg3 S$ 31n moIS4=2. � L°E �,�r ._ F- 3 LL 1� 4g 00 J/� LU NLL y � R' V N ��<'� � � �✓ Ln A#11 f f Qp ell 4832000 It cli Ile C A o CD LO cli N 7.7. I 'N LZ •I N OZ'I 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