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HomeMy WebLinkAboutord2016-022WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -189 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: originator: �- 05131116 Intro 06114116 Finance Division Head: �—C E C E V E D MAY 2 4 2016 Committee, Council Dept. Head: ` Prosecutor: A311 WHATCOM COUNTY COUNCIL Purchasin /Bud et: Executive: _ A 4• TITLE OF DOC NT: Amendment No.l to Ordinance No. 2011 -049 Establishing the Lummi Nation Ferr Lease Fund ATTACHMENTS: Ordinance Amendment, Memo, and Exhibit A Supplemental Budget Request SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Amendment No Ito the Lummi Nation Ferry Lease Fund requests establishment of a project budget and appropriation authority of $2,000,000. COMMITTEE ACTION: COUNCIL ACTION.• 6/14/2016: Forwarded to Council for approval 5/31/2016: Introduced 7 -0 6/14/2016: Adopted 7 -0, Ordinance 2016 -022 j a Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2016 -022 PROPOSED BY: Executive INTRODUCTION DATE: 06/31/16 ORDINANCE NO. 2016 -022 AMENDMENT NO. 1 TO ORDINANCE NO. 2011 -049 ESTABLISHING THE LUMMI NATION FERRY LEASE FUND WHEREAS, the Lummi Nation Ferry Lease Fund was established through Ordinance 2011- 049 and, in accordance with the terms of Uplands Lease Agreement for Lummi Island Ferry Service, was funded with a $2,000,000 transfer from the Road Fund in November 2011, and WHEREAS, the Lummi Nation, in accordance with the Lease Agreement, recently provided Public Works with a list of eligible projects and intends to seek up to $2,000,000 in reimbursements starting in June 2016, and WHEREAS, projects will be reimbursed at the rate of one dollar of County funds to one dollar of non - County funds, and WHEREAS, the projects to be reimbursed include Gooseberry Pedestrian (4 phases), Kwina Pedestrian and Lummi Shore Pedestrian, and WHEREAS, a project based budget and expenditure authority are needed to accomplish payment of the reimbursements, and WHEREAS, Section 6.80 of the Whatcom County Home Rule Charter allows for project - based capital budget appropriation ordinances, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a project based budget be established and approved with a project budget of $2,000,000 as described in Exhibit A. ADgPTFP this 14111 day of June , 2016. ,% Cr 0 U /V :``.• :,�' °. WHATCOM COUNTY COUNCIL r _ TCOM OUNTY, WASHINGTON - -0 ® _ D�jna Bro lounall Clerk Bar chana , Chair of the Co -Uneil APP tip+ AT�F A d ) Denied Civil Deputy Pros cutor Jack L s Count Executive Date; � /.t;( —zo /G Supplemental Budget Request status: Pending Public Works Administration Supp'I ID # 2157 ' Fund 338 Cost Center 338100 Originator. Randy Rydel Expenditure Type: Ongoing Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Lummi Nation Uplands Lease Projects X S //7 �/0 Department Head Si ature (Required on Hard Copy Submission) Date Costs: Object Object Description 7220 Intergov Subsidies Request Total Amount Requested $2,000,000 $2,000,000 1a. Description of request: On October 27th 2011 Whatcom county entered into a Uplands Lease Agreement ( #201111024) with the Lummi Nation. Part of the consideration for this lease is outlined in Section 3b of the lease which dedicated $2 million of funds the first year to be used according to Exhibit C of the lease. Public Works has determined that recently proposed projects from the Lummi Nation satisfy the conditions of eligibility outlined in Exhibit C. Therefore it is expected that the Lummi Nation will begin submitting reimbursement requests that cover up to 50% of the project expenses. In anticipation of these requests, we request expenditure authority to spend the funds set aside per the terms of this lease. 1b. Primary customers: Lummi Island residents are the primary beneficiary of the Uplands Lease Agreement as it allows continued sailings of the Whatcom Chief and access to Lummi Island. 2. Problem to be solved: Whatcom County needed access to a convenient ferry terminal for ferry service to Lummi Island. The terminal resides on Lummi Nation land. To address this problem, Whatcom County entered into a lease agreement for access to the terminal. 3a. Options /Advantages: This contract was already signed and executed. It is now time to make the first round of payments per the terms of the contract. 3b. Cost savings: None 4a. Outcomes: Part of the contract will be fulfilled. 4b. Measures: Payment will be made to reimburse 50% of each project invoice up to an aggragate of $2 million. Invoices will be submitted to Whatcom County Public Works for review before reimbursements will be made. 5a. Other Departments /Agencies: No 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Funds were deposited into a Project Based Budget in 2011. This request will draw down on these funds. Tuesday, May 03, 2016 Rpt: Rut Suppl Regular EXHIBIT C The long -term road and traffic safety improvements, and funding for such improvements, for which provision is made in Section 3. b, Consideration for Lease, shall be administered as follows: The County shall make the $6 million available for use in $2 million increments during year 1,' at year 6, and at year 15 (the latter installment subject to CPI) of the agreement; ii. While the money shall be dedicated by the County in the amounts and at the times stated above, expenditure of the dedicated funds shall be contingent upon the commitment and receipt of matching funds from non - County sources at least dollar for dollar with dedicated County funds for each project;3 and the County and Lummi Nation shall fully cooperate in the effort to obtain non - County matching funds for which the agreed projects are eligible; iii. The projects to be financed and undertaken with these County funds shall be agreed upon by the parties and agreement by the parties on the projects to be undertaken shall not be unreasonably withheld. iv. The expenditures of these County funds shall be subject to and consistent with the restrictions placed by state law as contained in RCW 36.82.070 upon the expenditure of road funds as is presently in effect or as hereafter amended; V. The projects shall be so designed and selected as to maximize their respective value to Lummi Nation as well as to the County consistent with the requirements stated in iv, above; vi. The projects to be funded with the funds dedicated hereunder shall not include County expenditures for parking or for alterations to the dock itself as may potentially occur 3 The receipt of matching funds may not always coordinate precisely with the performance of work. It is the intention of the parties that for any project executed under this Agreement, the non - County funds received shall, by the completion of the project match at least dollar for dollar the expenditure of County funds. The effect of this is that County funds may be advanced to pay for costs incurred on a project upon adequate commitment from a granting agency of match funds in the necessary amount. Page 16 of 17 Uplands Lease Agreement for Lummi Island Ferry Service 2 pursuant to Section 1.c in the agreement to which this exhibit is appended; vii. The County shall identify the agreed projects as priority projects on its six -year Transportation Improvement Program project list and reflect the commitment of County funds there in order to compete for grant funding; viii. County engineering staff shall perform preliminary engineering necessary in order to create a scope of work and budget for the agreed projects so that the projects may effectively compete for matching funds from non - County sources; ix. If there are instances in which the parties are not able to reach agreement as provided, the parties shall, upon request of either one of the parties, submit the matter to third -party dispute resolution as set forth in Section 13 of the Uplands Lease Agreement, and as provided in the Framework Agreement of which the Uplands Lease Agreement to which this exhibit is appended is a part. X. The parties agree that for the Year 1 increment of $2 million, the county will prioritize at least the following safety projects on the Transportation Improvement Program (TIP) project list and maintain these projects as priorities on the TIP until they are funded: a. Pedestrian walkway facilities4 from Gooseberry Point Ferry to McKenzie Road north along Lummi View Dr ( Haxton Way) b. Pedestrian walkway facilities from Gooseberry Point Ferry to McKenzie Road east along Lummi View Dr C. Pedestrian walkway facilities from McKenzie Road to Smokehouse Road along Haxton Way d. Pedestrian walkway facilities from Smokehouse Road to Balch Road along Haxton Way 4 "Sidewalk" is the term colloquially used for pedestrian walkways but since it is a term of art in the traffic engineering lexicon with a more limited meaning than what the Parties may choose to apply, a broader term is used here instead. The general intent is to provide safe walking facilities for pedestrians in the above - listed areas, consistent with the availability of the stated funding and matching funds. Page 17 of 17 Uplands Lease Agreement for Lummi Island Ferry Service I WHATCOM COUNTY�am r© PUBLIC WORKS DEPARTMENT ?� 1 Jon Hutchings DIRECTOR Tim J. Ellis Lummi Nation Public Works Director time @lummi- nsn.gov March 31, 2016 ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 -4042 Telephone: (360) 778 -6200 FAX: (360) 778 -6201 www, whatcomcounty. cis /Hutch in @co. whatcom. wa. us RE: Upland Lease Agreement for Lummi Island Ferry Service Exhibit C projects Dear Mr. Ellis, Whatcom County Public Works has reviewed your March 27, 2016 request for two projects to be considered as described in the Upland Lease Agreement for Lummi Island Ferry Service Exhibit C i (iii and vii). These projects are: 1. Kwina Sidewalk: Pedestrian and Roadway Improvements 2. Lummi Shore: Pedestrian and Roadway Improvements The projects meet the criteria as an agreed transportation improvement project. Therefore, these two projects, together with the Gooseberry Point projects specifically outlined in Exhibit C, are included in the current Six Year Transportation Improvement Program as project ID# R13 Lummi Transportation Projects. Please contact Randy Rydel, Financial Services Manager to set up the appropriate billing and reimbursement procedures. Mr. Rydel can be reached by email at: rrydel@co.whatcom.wa.us or by phone at: (360) 778 -6217. Sincerely, Jon Hutchings, Whatcom County Public Works Director I