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Packet Feb 27 2007
WHA TCOM COUNTY COUNCIL AGENDA BILL No. 2006-442A CLEARANCES Initial Date Date Received in Council Wice Agenda Date Assigned to: Originator. JeChaffiant ff 01 ' L LffIr 2/27/07 at Res/Coupc Division Head: Robert C.MaMartin-1 Dept. Head: Hat H. Hart E"D 2 0 20" 0 7 Prosecutor. - 5 67 Royce Buckingham .2 F PurchasinglBridget: Executive., Pete Kremen TITLE OF DOCUMENT. Resolution supporting the Whatcom County Shoreline Management Program Update - Restoration Plan A TTA CHMENTS.- (1) Proposed Resolution (2) Whatcom County Shoreline Management Program Update — Restoration Plan (Note: A copy is on file with the County Council Office in associated file, A132006-442) SEPA review required? ) Yes X)NO Should Clerk schedule a hearing? Yes X)NO SEPA review completed? )Yes X )NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LA NG UA GE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of lire action.) A resolution supporting use of the Whatcom County Shoreline Management Program Update — Restoration Plan as a framework for identifying and managing voluntary and cooperative shoreline restoration opportunities throughout Whatcom County. COMMITTEE A CTION.- COUNCIL ACTION: Related County Contract Related File Numbers: Ordinance or Resolution File 9ZON2004-00027 Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co-wha1comwa.us/council. Li Sponsored by: Proposed by: PDS Introduction date: RESOLUTION NO. SUPPORTING THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM UPDATE — RESTORATION PLAN WHEREAS, the Washington State Legislature passed the Washington State Shoreline Management Act (RCW 90.58 [SMA]) in June 1971 and it was passed by public initiative in 1972; and WHEREAS, under the SMA, each county and city is required to adopt and administer a local shoreline management program to carry out the provisions of the Act; and WHEREAS, the Shoreline Management Program Guidelines (WAC 173-26) are the standards and guidance that have been adopted by the Washington State Department of Ecology that local governments must follow in drafting their local shoreline management programs; and WHEREAS, in December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines; and WHEREAS, pursuant to RCW 90.58,080, Whatcom County is required to review and update its existing 1998 Shoreline Management Program (SMP) to ensure conformance with the required elements of the updated 2003 Shoreline Guidelines; and WHEREAS, the Shoreline Guidelines, at WAC 173-26-201(3)(c) and (3)(d), require Whatcom County to document existing shoreline conditions and present a baseline inventory and characterization of ecosystem -wide processes and shoreline ecological functions; and WHEREAS, the Shoreline Guidelines, at WAC 173-26-201(2)(q, require Whatcom County to develop a shoreline restoration plan that 1) identifies degraded shoreline areas with impaired ecological functions and sites with potential for restoration, 2) establishes goals and priorities for restoration of degraded areas and functions, 3) identifies existing or planned restoration projects/programs that will contribute to local restoration goals, 4) identifies additional restoration projects/programs to achieve local restoration goals, 5) identifies and establishes timelines and benchmarks for implementation, and 6) provides mechanisms or strategies to ensure implementation according to plans and to appropriately review effectiveness of projects and programs in meeting overall restoration goals; and WHEREAS, under the Shoreline Guidelines, the objective of restoration is to achieve a net gain in shoreline ecological functions over time by providing for the timely restoration of impaired shoreline ecological functions through a combination of incentive -based, non -regulatory and voluntary public and private programs and actions; and WHEREAS, Whatcom County Comprehensive Plan Policy 2SS-1 states that Whatcom County should "protect and encourage voluntary restoration of streams, stream corridors, wetlands, natural shorelines, fish habitat and aquifers through education and incentive programs"; and WHEREAS, Whatcom County Comprehensive Plan Policy 11 B-1 states that Whatcom County should "develop, as a primary component of a comprehensive environmental management program, non -regulatory measures that include voluntary activity, education, incentives, restoration, acquisition, mitigation, and intergovernmental coordination"; and WHEREAS, grant funding from the Washington State Department of Ecology was awarded to Whatcom County for purposes of developing a scientifically based shoreline inventory and characterization and shoreline restoration plan; and WHEREAS, the Whatcom County Marine Resources Committee (MRC) contributed financial resources to the marine shoreline inventory and characterization and identification of associated restoration opportunities; and WHEREAS, in May 2004 the Whatcom County Executive appointed an official Citizen's Advisory Committee (CAC), a citizen -based advisory body that represented the many diverse interests and perspectives on resource management in the county, which contributed hundreds of voluntary hours to the development of the Whatcom County Shoreline Management Program update and associated background documents; and WHEREAS, in May 2004 the Whatcom County Executive appointed an official Technical Advisory Committee (TAC) that consisted of government and agency representatives who provided Whatcom County with agency/governmental technical and regulatory expertise in the review and update of the Whatcom County SMP and the development of a shoreline inventory and characterization report and restoration plan; and WHEREAS, a Shoreline Inventory and Characterization report was developed as a companion background document to the Whatcom County SMP update in June 2006; and WHEREAS, the Shoreline Inventory and Characterization report incorporates evaluation of the best available scientific and technical information relevant to Whatcom County shoreline resources and includes a detailed assessment of landscape -scale and reach -scale conditions, which provide the basis for development of a restoration plan; and WHEREAS, the Whatcom County Shoreline Management Program Update — Restoration Plan was developed as a companion background documentto the Whatcom County SMP update in July 2006; and WHEREAS, the Whatcom County Shoreline Management Program Update — Restoration Plan complements and does not replace salmon recovery planning, Watershed Planning under RCW 90.82, or other restoration planning efforts in the community; and WHEREAS, the Restoration Plan builds upon the findings and analysis of the Shoreline Inventory and Characterization report and identifies restoration goals and priority actions to address restoration of impaired shoreline ecological functions and processes that have been identified through the detailed shoreline inventory and characterization review process; and WHEREAS, in accordance with the provisions of the Shoreline Guidelines and the Whatcom County Comprehensive Plan, the Restoration Plan creates a framework for fostering shoreline restoration through coordinated planning efforts and voluntary, cooperative and non -regulatory implementation; and 3 WHEREAS, the Whatcom County Shoreline Management Program Update — Restoration Plan was submitted to the Whatcom County Council for review and consideration as supporting information for the Whatcom County Shoreline Management Program update. NOW, THEREFORE, BE IT RESOLVED thatthe Whatcom County Council hereby supports use of the Whatcom County Shoreline Management Program Update— Restoration Plan, July 2006 [as amended] as a framework for identifying and managing voluntary and cooperative shoreline restoration opportunities throughout Whatcom County. APPROVED this day of , 2007. ATTEST WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor Gam_ Carl Weimer, Council Chair n WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-090 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MailRamof 1112107 r rz,? C� i� {{ 1 r� _, 1J 1/30/07 Introduction �ivision etersonNead. Linda r U-7 /1 2/ 13/07 P&D/Council Dept. Head: Hat Hart I { d 2/27/2007 Various Committ Prosecutor: Royce Buckingham r Y rd v { p /y �y n � �} p � J f Vlt���l'$TtJOM COUNIFY Purchasin /&ud of C 0 J N u€ L Executive: Pere Kre �i --&7 TITLE OF DOCUMENT.• Docket of proposed amendments to the natcom County Comprehensive Plan and associated amendments to the Zoning Ordinance that are to be considered for initiation this year. ATTACHMENTS: 1. Proposed Resolution Initiating Comprehensive PIan and Zoning Amendments Note: Background materials are available or review at the County Council o ffce SEPA review required? ( x ) Yes { ) NO Should Clerk schedule a hearing ? { ) Yes { x ) NO SEPA review completed? ( ) Yes ( x' ) NO Requested Date: SEPA will be completed on those amendments initiated by the Cotincil prior to final Council action. S UMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: Under the Growth Management Act, the County Council is to consider amendments to the Comprehensive Plan no more frequently than once per year (with certain exceptions). Additionally, Whatcom County Code 20.10.060 indicates that Comprehensive Plan amendments are to be "initiated" for further review by a majority vote of the County Council (an application that is submitted by a city is automatically initiated). Planning and Development Services is forwarding the proposed amendments so that the Council can determine which docketed items to initiate for further review. COMMITTEE ACTION. • COUNCIL ACTION.• 2/13/2007: Nat. Res. - G & 0 recommended for 1/30/2007• Introduced docketing P & D. - C approved for docketing N failed t Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whateomwa.usleounciL 5 Comprehensive Plan Docket, 1/12/07 Sponsored by: Consntit Proposed by: Planning Introduction date: 1 /30/ 2007 RESOLUTION NO. INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council may consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year (with certain exceptions); and WHEREAS, the provisions of WCC 20.10.060 indicate that Comprehensive Plan amendments are to be "initiated" for review by approval of a resolution by the County Council; and WHEREAS, the Whatcom County Planning and Development Services Department has forwarded a docket of proposed Comprehensive Plan amendments, along with associated zoning amendments, to the County Council for consideration; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby initiates for formal review the amendments shown on attached Exhibit A. APPROVED this day of ATTEST Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Ci osecutor 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair C EXHIBIT A DOCKET OF 2007 COMPREHENSIVE PLAN AND ZONING AMENDMENTS 7 0 0 N CV c QU' M y o i Q M G .0N� C (D iO .0"ac�c i � 0) NU)•z i(9 Vi �Lo QN N.Q m N (a +L N O C = U 0(D N m a1m a C M L 7 U _ .E O L ¢� ❑ O f0 3 U v' �.N ,.3.� In U I 7 I to I C C 7 U (D c N N- -0 U 7, iU'� N O Q E Q 0)5 0O - ci U O C ++ C LL—c EO�� 4 LU C co co O 2) CU p C O C t (o } �o(o �a�c �Qd E co �� 0:3 Uo .E (D LOj . Occn mo N cc Co :0v Co a) N N L C� ° �� C E (o �� Co U .� CL U o � v E N Q U ++ a (n O N. 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No mpmeelellOe or=MV ISMSde eoeIDO lee eemr . r., a . �,r,,pzlfYN��,�...i•�, aq, eorteeeT mmpletenece or quelST el beta depldeA an lhlc Am ocer erl Ala oup amlenc ee mpeeclAlptT lorru Nme4 end ledeeeepren to eeld Wbdwm CounlpAxmleee lmm eed epalecl wr °rg� ""!a baaefep-bn.or llabIIM ertdia Inman ew of lhlamar- •' 0 375 750 1,500 2,250 3,000 Fe To R5A (UGA D� II?IIl -- _� I Lynde_:, I - III+— ter'✓' . } 21 Docket #2007-J Agriculture to Lynden UGA R Docket #2007-J Parcel Current Zoning Boundary L ! City of Lynden RSA Current Zoning/Comprehensive Plan Designations (Rural) 4 LlIr (Agricult re) 22 January 12, 2007 116E OF IYRATrOY COONTy'6 C1a DATA IMPLIES THE llaEfr'6 A6REEWWr WRIT THE FOLLOWING 6ThTEYEIff: r`'°�Oy wtaOdam Cew�haUp.I aape.23.1,f enerdreelah1111yorramaly +!� IOd7 N frsao d IhLs map for aoypuflwln purpose, ellhcr espmw or Impflad. 6d raprasmdarhh Ymaraalp le mad eoawrrdiq lho aactlr '. . >1 M,ti,;! w aeT,rn a wmpEdenaor quality or dale dapldedmlhlh msp. Any 6map osaror asum & all mrpeoelY111Tforoaasrareof,Motl hdMar agree to geld W6tlwm Cou*hennlen Imm and arnfeY a q ;':(-}�,,,'�• � ��rLOµ-'- tloauoe.loee.arllahllh7mklrmfmmaaauwolfhhmae. - 0 250 500 1,000 1,500 2,000 Feet R10A (Rural) RF MRL ' �a. Is RF Rural Forestry) 18 v 17 • LR5A CF Rural Co ercial LL ) ° m For ry) L i � L�L i LGm 1 / 19 20 Docket #2007-K Paradise Valley Rd. - Rural Forestry to R10A MIS, Docket #2007-K Parcel i January 12, 2007 Current Zoning Boundary USE OF HATCOM UKT rlGISFWIDATA AIMPLIES THE MEWS RSA Current Zoning/Comprehensive Plan Designations oAdan;1gI!oin t}Elaalalm pai1m1wLirny pdmr.eNhehpilky armartanry I flloan of Ihla map fvrvy pa�llwlarporpoae, alther apron of Im lied Man madaVoa arnrraalg la made wnealnl hi arwr- (Rural) aq, rartanq, wmplaloneu ai qualllp a dda drpldad •o�lhla o,ap, Mp onr of Poe map aamm� all m3p•odwInT furoca I4oraal, and mllha[ agmn to hold Whdmm Ceaa[p hanalw Imm and addnd np damn a. IOU. if pah[II11I allalnd IAm am a" al this mao_ 0 200 400 800 1,200 �r 2007 M1hr4 1,600 � Feet Docket #2007-L Bellingham UGA Study Area i Docket #2007-L Parcels Current Zoning Boundary City of Bellingham RSA Current Zoning/Comprehensive Plan Designations (Rural) January 12, 2007 IIBE CFWKATCUM CCIJM'S GIB GATA IMPLIES THE HBER'S AGREEA¢NT WRII THE FGLLGW140 BTATEMENT: WlatmmCO MTdlerl3d aop @IATofmuduileEfllfurnrneor Dim un Of WSf NlP for errTDerlledn p.,omc. DWw upmu or IepHO, Np nprmprdetllemrarudy le mctld ppepminplAp upon +4, vanetT co¢plehneu er rluplHT of dd�d.Ffded pc lhSc asp. ArrT parr W 1S�If cup �mcc dr nrpoxNhllllT for up �ueel, aed rMll pBllp! Ip Ypld Wllrmm GpmdT NlEdlq Irpm cod epel0N N11 deeeeep, Iplr, ar rleElmT prhrna lrpme•i W pl Ihre mee. 0 7501,500 3,000 4,500 19 h 4 6,000 � Feet k MUMIN Docket #2007-M Cherry Point - Industrial to Residential 0�` Docket #2007-M Parcels "_..�� Current Zoning Boundary R5A Current Zoning/Comprehensive Plan Designations (Rural) 7 18 January 12, 2007 IIEEEIF WHATCOM COMY'S O1h OATA WPM THE USER'S ..9 OY „Lbf�Yo AOAEEMENTWIT1I THE FOLLO➢INII SlArEMENT: R* 2kwa Wlotmm Co dlvJalm+aeF renargof f[orWefaMllrfartamoly ad Rlaess u111111 Rap foraroaTIM porpofe, enter camss or .1 'n ��Y'� 1 �K*t. '.�s ; 1np11M. xp npra+nlallan a rdmmd is ro- edaurmap to ardor ray Z•r""' aq, nrrraary ramplatanfatfrglallty ff dala deplNed en lhla crap, AnT ourafl elf eup uryma+atl rarpaadMllltloru+o flrardof• antl s� .r .{'?" mdLar pprad to hold WAal+ers Coredyhafmleq lrom aad AFelnM eon doMfir. WW or llahllpr srlslna fmm am M of Ibis=I. 0 500 1,000 2,000 3,000 4,000 Feet Docket #2007-N January 12, 2007 E. Pole Rd. - Residential to General Commercial �J1 Docket #2007-N Parcel 116E CFYINATCDLS CDOATrS Gil DATA IMPLIES THE USER'S ---� Current ZoningBoundary ry ACNEEMENrtMFTI{TNEFDUAYrIA9$TATFAfENTf ,?*. 2007 1lrhabaAi lAaelT plaeldrea aeo rem Mr araoadraelamlla°rnmalr _ x �. RSA Current Zonin /Com rehensive Plan Desi nations I dmaaudthlsmapforaaTP.tlndarporyne,ell6ermPmw6r $' 9 p � Inptlad. Na rapraaaMeponmalamdf is maN merrNwlea moor• #�'�{7F (Rural) =ficT cam Idae.aaarwel ardala depidid on lhra ml fi P 17 P•{: - ;gip; Arq acarnl k aap asmmaa aU rnpeadWlllT loraaa menaf, and mMarepleI'lo 1, 1Rhaham CaanlTAcrmSaehemaadapeled a► °Nuor* danaaa. bra. at li_htlR, achl�lmmaar vo al Ihlcwa. . _. 0 305 610 1,220 1,830 2,440 Feet WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 117 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/20/2007 2/27/2007 Finance Division Head: De i. Head: Prosecutor- Purchasin /Bud ef: Executive: TITLE OF DOCUMENT. Presentation of Bellingham-Whatcom County Tourism 2006 Report ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y 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.) Presentation of the Bellingham-Whatcom County Tourism Bureau's 2006 Annual Report and 2007 Podects COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.wliatco►n.fva.us/council. 20 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 118 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/20/2007 2t27I2007 Finance Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Discussion with Deputy Administrator Dewey Desler Re: Lobbying priorities ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) 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.) Discussion with Deputy Administrator Dewey Desler regarding lobbying priorities in preparation for the upcoming NACo Legislative Conference in Washington D.C. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 21 WHATCOM COUNT' COUNCIL AGENDA BILL NO. 2007-109 CLEARANCES Initial Date Date Received in Council Q ice Agenda Date Assigned to: 02113107 Intro Orikinator., 02127107 Finance Division Head. U"1t E 0 E � V E LED" Committee' C A7 F L 8 0 Council Dept. Head: Prosecutor -a '- 10 / VATCMCOW Purchasrn /Bd et: :r,290t Executive: `p TITLE OFDOCUMENT. 2007 Supplem ental Budget Request #2 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT 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.) Supplemental #2 requests funding from the General Fund: (1) To appropriate $4,979 in Non Departmental to fund support for EMS Council newsletter. (2) To appropriate $98,000 in Planning & Development Services to fund Birch Bay Shoreline Restoration/Stormwater Action from grant proceeds. (3) To appropriate $34,340 in the Sheriff s Office to fund Point Roberts housing costs. From the Road Fund. (4) To appropriate $120, 000 to fund Gooseberry Point dock relocation feasibility study. From the Emergency Management Fund: (5) To appropriate $164,402 to fund Homeland Security program costs from grant proceeds From the Jail Construction Project Fund: (6) To reappropriate $290,909 to finish funding the minimum security jail project. COMMITTEE ACTION. COUNCIL ACTION: 2/13/2007: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 22 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 02/13/07 ORDINANCE NO. AMENDMENT NO.2 OF THE 2007 BUDGET WHEREAS, the 2007-2008 budget was adopted November 8, 2006; and, WHEREAS, changing circumstances require modifications to the approved 2007-2008 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2007- 2008 Whatcom County Budget Ordinance #2006-054 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund Non -Departmental 4,979 0 4,979 Planning & Development Services 98,000 98,000 0 Sheriff 34,340 0 34,340 Total General Fund 137,319 (98,000) 39.319 Road Fund 120,000 J§9,0001 40,000 Emergency Management Fund 164.402 (164,402) 0 Jail Construction Project Fund 290,909 CK..571 240,338 Total Add'I Supplemental 712.630 1392.9731 aiaMiz ADOPTED this day of , 2005. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk A ED AS TO FO M: lull Deputy Prosecutor Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2007_Suppl\Supplementa1 #2.doc 23 WHATCOM COUNTY Summary of the 2007 Supplemental Budget Ordinance No. 2 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund To fund support for EMS Non -Departmental Council newsletter 4,979 - 4,979 To fund Birch Bay Shoreline Planning &, Development Resto ratio n/Stormwater Services Action from grant proceeds 98,000 98,000 - To fund Point Roberts Sheriff housing costs. 34,340 - 34,340 Total General Fund 137,319 (98,000) 39,319 o un oose erry oint dock relocation feasibility Road Fund study. 120,000 (80,000) 40,000 o fund 9—taTe—Romeland Emergency Management Security Program from grant Fund proceeds. 164,402 (164,402) - o reappropna a funding for Jail Construction Project minimum security jail Fund project. 290,909 (50,571) 240,338 Total Add'I Supplemental 1 1 712,630 1 f392.973) 319.657 I:\BUDGET\SUPPLS\2007`Suppl\Supplemental #2.doc 24 Supplemental Budget Request status: Pending Non -Departmental supp7ID # 425 Fund 1 Cost Center 4271 Originator: M Caldwell Expenditure Type: One -Time Year 1 2007 Add1 FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Support for EMS Council Newsletter X Department Head Signature (Required on Hard Copy Submission) Date Costs; Object Object Description Amount Requested 2910.1000 Fund Balance ($4,979) 6610 Contractual Services $4,979 Request Total $0 1a. Description of request: The EMS Council would continue contracting for coordination services for the production of a bi-annual newsletter and web site postings to: 1) Support the involvement and commitment of the Whatcom County EMS community of providers by meeting their need for information about the EMS system, services and issues 2) Support the public's expectation that EMS providers be able to respond to inquiries about the EMS system and services with accurate and up-to-date information 3) Provide a vehicle for recognition to support adequate volunteer resources and retention 1b. Primary customers: • Approximately 900 Whatcom County EMS career and volunteer providers and support staff • Families of the above • Public representatives and elected officials of Whatcom County • Organizations associated with EMS in Whatcom County: St. Joseph Hospital, Whatcom County Health Department, local physicians, health/safety officers in the community, pharmacies, nursing homes, assisted living centers • Media organizations and outlets in Whatcom County • General public in Whatcom County 2. Problem to be solved. - In 2005, Executive Kremen solicited a $10,000 contribution from the Nooksack Indian Tribe to support the Medic One system. $9,000 of that amount was designated to support this EMS publication. The EMS Council spent $4,021 on 3 issues of the newsletter since the County Council awarded the appropriation in mid-2005. The remaining $4,979 appropriation lapsed at the end of 2006. This requests asks the County Council to reappropriate the remaining funds to continue issuing the newsletter on a bi-annual basis in June and November of 2007 and 2008. The current budget estimates the need for $2,950 per.year to accomplish this objective. Shortfalls in funding in 2008 will be covered by seeking other contributions. 3a. Options /Advantages: Whatcom County has been working with the EMS Council over the last two years to publish a newsletter which reaches approximately 900 members of the first responder community, all organizations involved with EMS'and many members of the public at large. This project has benefited the community by enabling the EMS/first responder community to become a cohesive unit. First responders belong to many different organizations spread out across the length and breadth of Whatcom Countyfrom Mt Baker to Lummi Island and Pt Roberts. From Sumas to South Lake Whatcom and the Chuckanuts. This newsletter enables this community.to stay in touch with each other, it offers useful information updates . and case studies to providers, and helps the general public -understand how the Whatcom County.EMS - Tuesday, J'attuary 30, 2007 Rpt: Rpt Suppl Regular. :. 25 Supplemental Budget Request status: Pending Non -Departmental 5upp'1I # 4z5 Fund 1 Cost Center 4271 Originator., M Caldwell system works. 3b. Cost savings: NIA 4a. Outcomes: • Bi-annual newsletter (June and November) (1,000 newsletter per issue) • Web postings • Dissemination of accurate information concerning how EMS services are delivered in Whatcorn County and what is being done to restructure the system 4b. Measures: • Newsletters and web site postings will be shared with the Whatcom County Administration and Council • Public comments 5a. Other Departments/Agencies: Public Information Subcommittee of the EMS and Trauma Care Council will produce and distribute the newsletters. 5b. Name the person in charge of implementation and what they are responsible for: • Roger Christensen, President, Whatcom County Emergency Medical Services and Trauma Care Council is responsible for oversight of the project. 6. Funding Source. - Remaining funds from the 2005 Nooksack Indian Tribe contribution to Medic One designated for EMS newsletters. Tuesday, January 30, 2007 Rpt: Rpt Suppl Regular KET P'e .'OM CO WHATCOM COUNTY Hal Hart, A.I.C.P. PLANNING & DEVELOPMENT f Director SERVICES 5280 Northwest Drive �gSIc°� RECEIVED Bellingham, WA 98226 JAN 2 9 2007 PETE KREMEN To: Pete Kremen, County Executive COUNTY EXECUTIVE Dewey Desler, Deputy Administrator From: Hal H. Hart, Director of Planning and Development Services -0 4�4- Dennis Rhodes, Assistant Director of Planning and Development Services Date: January 25, 2007 Re: SMP Resto ratio n/Sto rmwater Action Plan Requested Action To accept grant funding in the amount of $98,000 from the Washington State Department of Ecology (DOE) and the Puget Sound Action Team (PSAT) to develop a refined restoration plan and implementation strategy associated with the Shoreline Management Program. Background and Purpose The County received grant funding from the Washington State Department of Ecology for the Shoreline Management Program update project. However, the original amount of funding available for the development of the restoration planning component of the update was limited thereby resulting in a coarse scale restoration plan. The additional funding provided by DOE and PSAT will allow the County to develop a refined inventory of ecological processes and functions in the Birch Bay watershed facilitating the development of a more refined restoration plan. Office (360) 676-6907 County (360) 380-8100 FAX (360) 738-2493 27 Supplemental Budget Request Planning & Development Services Planning Supp f ID # 417 J Fund 1 Cost Center 2576 Originator: Jeff Chalfant Expenditure Type: One -Time Year 1 2007 Add'i FTE ❑ Add'i Space ❑ Priority 9 Name of Request: Birch Bay Shoreline Restoration/Stormwater Action Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4394-9328 q 333 Shoreline Master Progra ($28,000) 4334.0328 Shoreline Master Progra ($70,000) 6630 Professional Services $98,000 Request Total $0 1 a. Description of request: Accept grant funding in the amount of $98,000 from the Washington State Department of Ecology(WSDOE) and the Puget Sound Action Team (PSAT) to develop a refined restoration plan and implementation strategy associated with the Shoreline Management Program including the development of a stormwater action plan to address emerging stormwater management issues in the Birch Bay Watershed. The grant monies will enable PDS to clearly identify areas most appropriate for preservation, restoration and future development. Securing such information will be helpful in providing for more accurate and expeditious development reviews. The funding will also support the continuation of community outreach efforts associated with the project. The money will be used to amend the existing contract with Parametrix. 1b. Primary customers: The primary customers for these services are the residents of Whatcom County, specifically those living within the boundaries of the Birch Bay watershed. 2. Problem to be solved: The County received grant funding from the WSDOE for the SMP update project, however the original amount of funding available for the development of the restoration planning component of the update was limited thereby resulting in a coarse scale restoration plan. The additional funding provided by DOE and PSAT will allow the County to develop a refined inventory of ecological processes and functions in the Birch Bay Watershed facilitating the development of a more refined restoration plan. The restoration plan will be carefully linked to the recent Birch Bay Stormwater Management Plan identifying specific actions to more effectively manage stormwater in the area while restoring key watershed processes. The development of the refined restoration/stormwater action plan will be closely coordinated with the existing committees in the Birch Bay community. 3a. Options /Advantages; (1) Do nothing; (2) Revisit PDS priorities. Considering the level of interest in the management of stormwater and natural resources in the Birch Bay watershed it seems prudent to act on an opportunity to take advantage of available grant funding and the momentum of the community to develop the restoration/stormwater action plan. 3b. Cost savings: Acceptance of grant funds and resources to support the proposed services will allow the County to take advantage of an opportunity to implement a variety of comprehensive planning efforts and further address the challenging natural resource management issues in Birch Bay without a significant expenditure of County funds. Wednesday, January 24, 2007 Rpt: Rpt Suppl Regular Supplemental Budget Request Planning & Development Services Planning Supp71D # 4!7 Fund 7 Cost Center 2576 Originator. Jeff Chalfant 4a. Outcomes: The objective of the ASR is to proved the community with needed information to direct future restoration and management efforts in the Birch Bay Watershed. Such information will also allow PDS to make more efficient and effective decisions regarding development proposals in the community. 4b. Measures: Success will be measured by the development of a refined shoreline restoration strategy and stormwater action plan for the Birch Bay watershed that will facilitate the effective implementation of the recently completed Birch Bay Stormwater Management Plan. 5a. Other Departments/Agencies: Various federal, state, local and tribal governments and agencies will be involved in the projects along with County departments such as Public Works and Health. 5b. Name the person in charge of implementation and what they are responsible for. As previously stated a variety of federal, state, local and tribal governments will likely participate in these planning process as stakeholders. Agencies likely to participate include, but are not limited to, the Lummi Nation, Nooksack Tribe, Department of Ecology, and the Department of Fish and Wildlife; however, though the specific contacts are not known at this time. Additionally, Public Works and Health will likely need to participate as issues specific to their respective departments and/or area(s) of expertise arise. 6. Funding Source: Grand funds from DOE ($70,000) and PSAT ($28,000). Wednesday, January 24, 2007 Rpl: Rp! Suppl Regular 29 Supplemental Budget Request status. Pending Sheriff Operations Supp'l !D # 413 Fund 1 Cost Center 2980 Originator. Marvette Gwinner Expenditure Type: Ongoing Year 1 2007 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Point Roberts Housing X Department Head Signature (Required on Hard Copy Submission) Date Costs., I Object Object Description Amount Requested 6870 Space Rental $26,340 6960 Water/Sewer $500 6970 Gas $3 0Q0 6980 Electric $4,000 6990 Solid Waste $500 Request Total 1 $34,340 Ia. Description of request: Lease costs for housing for the two Point Roberts deputies. 1b. Primary customers: The citizens of Point Roberts who are the beneficiaries of having two deputies in residence. 2. Problem to be solved: The county owns two manufactured homes in Point Roberts that have been used as housing for the deputies in the past. One of these homes is in need of replacement and one is in need of renovations or replacement. The County Administration in conjunction with the Sheriffs office are currently reviewing possible options including: 1) Build a stick built duplex 2) Purchase replacement manufactured home or homes 3) Build two stick built, homes 4) Continue to rent 5) Purchase new or existing home on the Point We are currently studying the costs associated with each of these options and will advise the Council of recommendations upon completion of the review. 3a. Options /Advantages: As previously described the County Administration in conjunction with the Sheriff's office is reviewing options. 3b. Cost savings: The County is obligated to provide housing for the deputies assigned to Point Roberts. As a part of the review of the various options, we will recommend appropriate costs and possible savings. 4a. Outcomes: Adequate housing for the Point Roberts deputies. 4b. Measures: Friday, January 26, 2007 Rpt_ Rpi Suppl Regular 30 Supplemental Budget Request Sheriff Operations Status: Pending supp'1 ID # Ors Fund 1 Cost Center 2980 Originator: Marvette Gwinner 5a. Other Departments/Agencies: 5b. Name the person in charge of Implementation and what they are responsible for. 6. Funding Source: General fund Friday, January 26, 2007 Rp1: Bpi Suppl Regular 31 WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT Assistant Assistant Director/County Road Engineer dP'' `' Zi 2011 Young St., Suite 201 Bellingham, WA 982254052 Deane Sandell F 4 phone: (360) 715-7450 Administrator sk�K°10 Fax: (360) 715-7451 Memo TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council FROM: Joseph P. Rutan, Asst. Director/County Road Engine CC: Deane Sandell, Public Works Administrator m . DATE: January 26, 2007 SUBJECT: Supplemental Budget Request for Gooseberry Point Ferry Dock Relocation CRP #906006 Requested Action: This Supplemental Budget Request of $120,000 will fund a feasibility study for the Gooseberry Point Ferry Dock relocation. Backeround and Purpose: In October of 2006, the 2007 Annual Construction Program was adopted by resolution. Project Priority #35 on the Annual Program is titled "Gooseberry Point Ferry Dock Relocation". The necessary budgetary authority is now being sought through the attached Supplemental Budget Request. This will allow the Executive to enter into contracts on behalf of the County in order to complete the activities listed'within the time and financial limits set within the Supplemental Budget Request. Information This budget request is intended to fund the overall feasibility study in regards to the relocation of the ferry dock at Gooseberry Point. The Lummi Nation has requested that the Gooseberry dock be relocated as apart of the Lummi Nation Redevelopment plans for Gooseberry Point. The lease agreement for the current dock location will expire in 2010. 32 Supplemental Budget Request Status: Pending Public Works Engineering Design/Const 5upp'l 1D # 420 Fund 108 Cost Center 906006 Originator Jae Rutan Expenditure Type: One -Time Year 1 2007 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request Gooseberry Point Dock Relocation Feasibility Study X QQa,-,L- _ z — z —0 7 Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($40,000) 4333.2022 STP (Surface Trans Prog ($80,000) 6630.595110 Professional Services $120,000 Request Total $0 la. Description of request: This is project priority #35 on the Annual Program. This budget request is intended to fund the overall feasibility study in regards to the relocation of the ferry dock at Gooseberry Point. 1b. Primary customers: Decision makers, Whatcom County Council, Whatcom County Executive, Whatcom County Public Works, Lummi Nation. 2. Problem to be solved: This is the overall feasibility study in regards to the relocation of the ferry dock at Gooseberry Point. The Lummi Nation has requested that the Gooseberry dock be relocated as part of the Lummi Nation Redevelopment plans for Gooseberry Point. The lease agreement for the current dock location will expire in 2010. 3a. Options /Advantages: This feasibility study will present the various possible options for dock relocation as well as the possibility of keeping the dock at it's current location. 3b. Cost savings: None. 4a. Outcomes: A comprehensive feasibility study will be received by mid to late September, 2007. 4b. Measures: Receipt of feasibility study. Determination of dock location. 5a. Other Departments/Agencies: Lummi Nation may base decisions regarding their Gooseberry Point Economic Development project. 5b. Name the person in charge of implementation and what they are responsible for: Kenneth Richardson 6. Funding Source: Federal/State - $80,000 STP(R) Local - $40,000 Friday, February 02, 2007 Rpt: ,Rpt Suppl Regular 33 WHATCOM COUNTY DIVISION OF SHERIFF'S OFFICEjM EMERGENCY MANAGEMENT SHERIFF BILL ELFO DON BOYD, C.E.M. DIRECTOR DEPUTY DIRECTOR PUBLIC SAFETY BUILDING COUNTY COURTHOUSE 311 Grand Avenue 311 Grand Avenue Bellingham, WA 98225-4078 Bellingham, WA 982254049 RECEIVED MEMO JAN 29, A307 To: Pete Kremen, Whatcom County Executive PEiE KREMEN From: Sheriff Bill Elfo, Director of Emergency Management / NTY MCUTNE Date: January 26, 2007 Re: Supplemental Budget Request, State Homeland Security Grant Program E07-190 The attached supplemental requests $164,402 to fund the Whatcom County Homeland Security Program to be reimbursed by a federal grant from the U.S. Department of Homeland Security. ■ Background and Purpose The Department of Homeland Security (DHS) provides funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving the use of Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) weapons and cyber attacks by supporting the unique equipment, exercise, training, and planning needs of local emergency responders. Whatcom County Sheriffs Office Division of Emergency Management has been awarded $174,608 from the DHS State Homeland Security Grant Program (SHSGP) for Federal Fiscal Year (FFY) 2006, flowing through the Washington State Military Department Emergency Management Division and Snohomish County Department of Emergency Management. The Whatcom County Emergency Management Council has further allocated funding among the Whatcom County jurisdictions. Whatcom County Sheriffs Office Division of Emergency Management will receive $61,071 for its Homeland Security Program FTE. The cities of Bellingham, Blaine, Everson, Ferndale, Lynden, and Sumas, the Lummi Nation, the Nooksack Tribe, and the Port of Bellingham will receive the remaining $113,537 for Homeland Security planning, training, exercise, and equipment projects. The performance period for this grant runs from July 1, 2006 through April 30, 2008. This Supplemental Budget Request covers only the $164,402 expected to be expended during 2007. A separate Supplemental Budget Request will be submitted for anticipated 2008 expenses. ■ Funding Amount and Source $164,402 from a Federal Grant: DHS, SHSGP, FFY 2006, Contract # E07-190, CFDA# 97.067. Please contact Don Boyd at 676-6681 for additional information. Phone (360) 676-6681 Email wcdem@co-whatcom.wa.us Fax (360) 738-2518 34 Supplemental Budget Request status: Pending Sheriff Emergency Management suppr ro # 42r Fund 167 Cost Center Originator: Frances Burkhart Expenditure Type: One -Time Year 1 2007 Add1 FTE ❑ Add'I Space ❑ Priority I Name of Request: SHSGP FFY06 E07-190 X Departmen ignature (Required on Hard Copy Submission) Date Costs: Object Object Descriptlon Amount Requested 4333.8705 St Homeland Sec Grt Prg ($164,402). 6110 Regular Salaries & Wages $35,860 6210 Retirement $3,148 6230 Social Security $2,743 6245 Medical Insurance $7,320 6255 Other H&W Benefits $1,130 6259 Worker's Comp-Interfund $485 6269 Unemployment-Interrund $179 8451 Intergovermmritl Agreement $113 537 Request Total $0 la. Description of request. The Department of Homeland Security (DHS) State Homeland Security Program (SHSGP) provides local agencies with funds for planning, training, and exercise activities, and equipment purchases to enhance their capability to prevent, deter, respond to, and recover from incidents of terrorism involving the use of Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) weapons and cyber attacks. 1 b. Primary customers: Citizens of Whatcom County through increased ability of local agencies to combats acts of terrorism. 2. Problem to be solved: DEM requests budget authorization to begin work on deliverable activities as contracted in this DHS grant. 3a. Options /Advantages: SHSGP funds are awarded specifically for projects to combat terrorism, which would otherwise have to be eliminated or funded with local monies. 3b. Cost savings: Whatcom County, $50,865. Other Whatcom County jurisdictions, $113,537. 4a. Outcomes: Homeland Security projects will be completed by contract performance end date. 4b. Measures: Monthly monitoring of program projects and expenses. 5a. Other DepartmentslAgencles. Sub -Recipient Agreements are planned with the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, and Sumas, the Lummi Nation, the Nooksack Tribe, and the Port of Bellingham. 5b. Name the person in charge of implementation and what they are responsible for: NIA Friday, January 26, 2007 Rpt: Rpr Suppl Regular 35 Supplemental Budget Request Siarus: Pending Sheriff Emergency Management Supp'l 1D # 421 Fund 167 Cost Center 10000040 Originator. Frances Burkhart 6. Funding Source: Federal Grant: FFY2006 State Homeland Security Program, Contract # E07-190, CFDA# 97.067. Friday, January 26, 2007 Rpr: Rpr Supp! Regular 36 WHATCOM COUNTY EXECU"rIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM To: County Council Members �GOM C°G IN From: Dewey Desler, Deputy Administrator Date: February 5, 2007 Subject: Supplemental Budget Request Pete Kremen County Executive Dewey Desler DeputyAdminstrator As of January and February of 2007, Whatcom County is in the final stages of the Interim Jail 1 Triage Center construction project. At the close of the budget year (12/31/2006) $290,909 of the budgeted authority for this project remained unspent and was lapsed. However, there remains some closeout work to bring the project to final completion. The Administration requests an appropriation of $290,909 in order to complete final contract payments and closeout of the work for this project. 37 Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 Supplemental Budget Request Sialus: Pending Administrative Services Facilities Management supp-1 l # a23 Fund 333 Cost Center 333100 Originator: Dee Ebergson Expenditure Type: One -Time Year 1 2007 Add'I FTE ❑ Add'I Space ❑ Priority 4 Name of Request. Jail Work Center/Triage Center X -2�" Depart ent Head S g Costs. .57- Ae" (Required on Hard Copy Submission) Date Object Object Description Amount Requested 2910.1000 Fund Balance ($240,338) 4337.0002 Other ($50,571) 7350 Buildings & Structures $290,909 Request Total $0 la. Description of request. Due to budgetary guidelines, AS - Facilities Management was unable to carry forward the unused portion of the original appropriations for the interim jail project. We are now requesting the re -appropriation of this lapsed funding to complete contract payments and close out work on this project. $290,909 of appropriation authority was lapsed at he end of 2006. We are now requesting re - appropriation of this lapse of $290,909. These funds will allow us to close out contract work and bring the project to final completion. 9b. Primary customers: Sheriff/Jail Citizens of Whatcom County 2. Problem to be solved: We were not able to carry previously authorized funding into 2007. These funds are needed for the completion of the project. 3a. Options / Advantages: There are no options as we are obligated to complete this project. 3b. Cost savings: None 4a. Outcomes: Project completion and contract closeout. 4b. Measures: To complete the project 5a. Other Departments/Agencies: Health, Sheriff & Facilities Management 5b. Name the person in charge of implementation and what they are responsible for: Michael Russell & Joe Fisher 6. Funding Source: General Fund Monday, February 05, 2007 Rp1' Rpt Suppl Regular 38 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-120 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator. 2/15/07 2127107 Finance/Conn Division Head: L U, j) Dept. Head: Prosecutor: �r:V 1 G" � J N iI Purchasin B et: �{ AV 2/15/07 d - d A,9 Executive: A, TITLE OP DOCUMENT: Approval to Purchase Light Bars & Related Equipment ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO §EPA review completed? ( ) Yes ( x J 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.) Public Works Equipment Rental is requesting approval to purchase light bars and related equipment to be installed on the new Sheriff's vehicles using a Washington State Contract. The vendor McLoughlin Eardley Company. The total cost for this purchase is $51,410.79. This is a planned purchase and funds are in the current budget. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounVs website at: www.co.whatcom.wa.us/council. ii 39 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 15 February 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Light Bars and Related Equipment ■ Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. u5 BRAD BENNETT Manager Public Works ER&R is requesting approval to purchase light bars and related equipment for Sheriff Department vehicles using the Washington State Contract. Public Works ER&R is requesting approval to purchase this equipment from McLoughlin & Eardley Corp. The total cost for this purchase is $51,410.79. ■ Funding Funds for this purchase were approved in the current budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date Administration Facilities Management FinancelAccounting Human Resources Information Services County Residents (360) 676-6717 (360) 676.6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 40 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TrY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDELL Acting Public Works Director 'coo 0 �QSHrrr��0 MEMORANDUM TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlehuber, PW Equipment Services Manager Deane Sandell, Acting Public Works Director4Vf%--- 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager RE: State Bid Contract #08300 (Vehicle Serial Communication Emergency Warning System) DATE: February 12, 2007 ■ Requested Action After researching the costs for assorted vehicle serial communication emergency warning system equipment, I am requesting Executive and Council approval to purchase the following material from the Washington State Bid Procurement List. ■ Background and Purpose The Sheriffs Department uses these units on their vehicles to provide safety for county personnel and citizens. These units are used regularly to maintain safety on our county roads and to comply with state regulations regarding traffic control. Units will provide much needed visibility and are a safety reminder. These units were approved in the Equipment Rental and Revolving Capital Equipment 2007-2008 Budget. The above listed department will use this unit in the performance of county business. -'v .i - .2 �:�_. :T�. ."�. �:'":\+... :.t: � :;Yi ".til' � U '_t}:. 1 .'Lr;:' �.f-r .ti'�• '�4'���I�'L: SK�:4':�L`,.!�x .�';: �`.,-ry�L1ti1}�':. .ivi` ..,:'4.:ti,1... •--.t:', 5'lr • ' �, "a<�._,,, -::ti.[i' }.yy��'T'� .1 �: :'iS. C'. .1'-�:-1 :r�:ii �7`' �l{ :i.r11 •, b'�..^�C.' �:. ��'w-�:':Ir'�'. G .:,;k\:,�S�.vi. :R.::h: .. N:5,:4_ "' - tS .,C.i ,1::_:�:i..�4Sa Y4':r: .:m:.,.:_:�::.,.�ii::.� .� .•d hV ': '•F� r„s . ri�a" �;�. :'-ri.. �� '.s����} ,Ve d�r�.-N �:�, -ti�:ji:; :: ;,F ,: i�1 � .I:... •:i:. ��,,:'r:?1. �"- ,,+.., v �u .:nti,:•�'. s�,> ,�,•.< _..; .r. x,�.:.,, Mate .,�'; , `� CL: - � ��s�'F�n�e�:�> _fir- .:iS 4' �}n_ " -i. �.� .� . ,,..� _ ,.Y - �`' - .aTot�i i,• ..,,�� a4�F - ::l`!.-', ..;�;•- n\'li�7y'.,�':` .: �..•.e :5`?�,,i .,� w,; :,'i,+\t ^, ^z'�"._�,-.5 }R3 ��'.: `•'1.j 7w ,,AA. � ti '1`�i'�:.ly ".'�� .✓. o,+�Y' �,� i C � ta:. .�,�x _.. {��.'� Y.,��%���.�.4r.�,.. {:i ::fin ^a:'...'.v{•'...�. .� �,��-�� � U S� ..� _.��', �l\..,: r�r�'� Sil �`=' F y „L, �.�Y�,v Y ••r�_ \I-'3 McLoughlin & Eardley Corp. Whelen "Freedom" LED Lighthar, SC Version $ 47,383.22 $ 4,027.57 $ 51,410.79 ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process. I am requesting Executive and Council approval to purchase these units from the Washington State Bid Procurement List for the base price of $47,383.22 plus sales tax of $4,027.57 on base, for a total of $51,410.79. These units will be purchased from McLoughlin & Eardley Corp. in Portland, Oregon. Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the February 27, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 41 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-121 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Finance/Count. Originator. 2115107 2127107 Division Head: Dept Head: Prosecutor. Purchasing/ et 21/1'5/07 Executive: D� -d o-o TITLE F DOCUM NT. Approval to Purchase a Mower ATTACHMENTS: Memos from Finance and Public Works 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 clearin explaining the intent of the action.) Public Works Equipment Rental is requesting approval to purchase a wide area mower using a Washington State Contract. The mower will be used by the Park & Recreation Department. The vendor is the John Deere Company with North Washington Implement acting as the local distributor. The total cost for the unit is $45,394.52. This is a planned purchase and funds are in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. WIA WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 15 February 2007 P' � r+ CO :y-:� .J o; 9`SHr6iG'C TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase a Wide Area Mower ■ Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works ER&R would like to purchase a John Deere 1600 Turbo Wide Area Mower using the Washington State Contract. This mower will be an addition to the fleet and will be used by the Parks & Recreation Department. Public Works ER&R is requesting approval to purchase this unit from the John Deere Company with North Washington Implement acting as the local distributor. The total cost of the unit is $45,394.52. Funding Funds for this purchase were approved in the current budget, ASR #'s 2007-594 and 2007-200. 1 concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date Administration Facilities Management Finance/Accounting Human Resources (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Information Services County Residents (360) 676-7684 (360) 398-1310 43 Fax (360) 676-7727 TrY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDELL Acting Public Works Director .. a2:.k .� •'isl�p ;�y •�SFIlHGt MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380.8115 Eric L. Sch[ehuber, Division Manager TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlehuber, PW Equipment Services Manage Deane Sandell, Acting Public Works Director4r--� RE: State Bid Contract #08506 (2007 Commercial Mower) DATE: February 12, 2007 ■ Requested Action After researching the costs for a commercial mower, I am requesting Executive and Council approval to purchase one 2007 John Deere 1600 Turbo Wide Area Mower from the Washington State Bid Procurement List to replace the following unit: DEPARTMENT REPLACE UNIT # Parks Addition ■ Background and Purpose This unit was approved as an addition in the Equipment Rental and Revolving Capital Equipment 2007-2008 Budget on ASR #2007-694 and ASR #2007-200. The above listed department will use this unit in the performance of county business. rn• ._+�F"i: of . a.el�r-•�Vw��, �±: .��r� y� a �.er a r, .Mt"r'"''..,rr Y ',.�. ...,y �,+3. -?$" .,�� .{ "•i;. �• ";?�, r'�nt rt:e = �a �� ..•. ..�,,J,, �v, '���. .J�_. ,�h1� �.:. :,--hL.xf .:y `iti'E; :.s,�':•�',I�'-.�� =�t,i �.5•a r:ld� .Y��.v.��r .ti_�•� -.1,� ::i e r u4�v.- ,: ,J_'sc' n,„}, � � ';�'��� � � ,:yy-.ir". �5�._.. ��• 5 ra'�; - s n�',''.ilAf� . ci�1`,��}:• ..4 .e��: �S � `i > `.3';' � ' �'].,C 1� ,�".� ty+`?;�'•h'; -'�k 'Y.�; �6r�-:; r .�':lrt e� :a a 'i).'f�:'- :�'`�; �',5:�''�. u t�:r..y ,,t� �,. ��1:• ,�: 't .;a"i �,' �+�,n 't.s� �g. _�:F�'ir'w -f��'. =3e`� ..�,;:4�:.,t'�iva:•�"!it;:;+_� �;` � � � �_ i.-;h�"� � - %�3: ��wTr; 3�`i�!r��5_ M1 , :,� ,`'y�;, . �'r� �!.� ,13�ss�'u�•.. J• k'"t; ..,�`r. _:.� �,� ?�} �s4aT-ti �• � North Washington Implement 2007 John Deere 1600 Turbo Wide $ 41,876.86 $ 3,517.66 $ 45,394.52 Area Mower ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process. I am requesting Executive and Council approval to purchase this unit from the Washington State Bid Procurement List for the base price of $41,876.86 per unit plus sales tax of $3,517.66 on base, for a total of $45,394.52. This unit will be purchased from the local John Deere authorized dealer North Washington Implement in Lynden, Washington. Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the February 27, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. WHATCOM COUNTY COUNCIL AGENDA BILL NO. , 2007-122 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator A 1126107 F:_97 O - 2/27/07 Finance/Coup ' Division Head. Depi. Head: Prosecutor: 2 r•••�—�, ri -r , r r•, � t "I; C,; ' 7 C, D j '' ` i, � i`7 �i. i •.lt� E �iE f..i�•y�' �) �� Ng v 1 L Purchasin d et: bb..� r�! 02/05/07 1 pl ' Executive- N�`0 TITLE &FDOCUMENT.• Cascade Vocational Services Outcome Based Job Development ATTACHMENTS: SEPA review required? ( } Yes ( } NO Should Clerk schedule a (rearing ? ( } Yes ( } NO SEPA review completed? ( } Yes ( } NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICELANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The purpose of this agreement is to place individuals with developmental disabilities in integrated paid jobs and long-term volunteer employment in typical community businesses and organizations. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at: www.co.whatcom.wa.us/council. HL-020107—Job Placement CVS Page 0 V 1.0 45 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 .,C,OM CO P Gy r ..J tt 0 4sNrH��c MEMORANDUM TO: Pete Krreemmen, County Executive FROM: Regina A.belahunt, Director RE: Cascade Vocational Services DATE: February 13, 2007 Regina A. Delahunt Director RECEIVED FEB 15 2007 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of a contract between the Whatcom County Health Department and Cascade Vocational Services for your review and signature. ■ Background and Purpose The purpose of this agreement is to place individuals with developmental disabilities in integrated paid jobs and long-term volunteer employment in typical community businesses and organizations. ■ Funding Amount and Source Funding of $18,000 for this contract is through County DD property tax millage and is in response to RFP #06-125. ■ Differences from Previous Contract This is a new agreement. An Agenda Bill is attached for Council approval. Please contact Terry Hinz at extension 50841, if you have any questions regarding the terms of this agreement, Encl. Contract Information Sheet 2 Originals HL_020107_Job Placement_CVS Page 1 v 1.0 46 90 " ' " " k,&Whatcom County Contract No. WHATCOM COUNTY CONTRACT �#f!!2ledCody INFORMATION ® by Cad -X0 Originating Department: Health Contact Person: Terry Hinz Contractor's Name: Cascade Vocational Services Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No X Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $18, 000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total AmendedAmount: $ Executive with supporting memo for approval. Scope of Services The purpose of this agreement is to place individuals with developmental - disabilities in integrated paid jobs and long-term volunteer employment in typical community businesses and organizations. Nature of Contract Amt: (Check one) Fixed Amount Not to Exceed X Open Ended Term ef Contract: 211107 Expiration Date 1213112007 Renewal Option Yes X No Last Renewal Expires: 12131109 Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff- (sign or initial] (indicate date transmitted 1. Prepared by: JL Date 1125 [electronic] 2. Attorney reviewed: _rjw_ Date_212107 [electronic] 3. AS -Finance reviewed. _bbennett Date_2105107 electronic] 4. Corrections made: Date electronic] hard copy printed 5. Attorney signor-�2� Date - 6. Contractor signed: Date 1 a D !% 7. Submitted to Exec Office -rrj — Date a -15-0� r�summary via electronic; hardcopies] 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed: 11. Contractor Original Returned to dept; _ 12. County Original to Council than one page HL_020107_Job Placement_CVS Date Date Date Date Date this form may need to expand to more Page 2 v 1.0 47 Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT Cascade Vocational Services Outcome Based Job Development Cascade Vocational Services , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 , Exhibit A (Scope of Work), pp. 8 to 10 , Exhibit B (Compensation), pp. -TF to 12 Exhibit C (Certificate of Insurance), pp. 3 Attachment A: Reporting Form pp. 14. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on February 1, 2007 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 si day of December, 2007 . The general purpose or objective of this Agreement is to Provide paid fob placement and volunteer fob placement for individuals with developmental disabilities as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $18,000 The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of CONTRACTOR: Vocational Services Xrisf Nguyen, Executive C re�t5r � STATE OF WASHINGTON ) �Ils,►•� COUNTY OF 55. ) 2007. On this ay of �t}7, before me personally appeared Kristin Nguyen, to me known to be the Executive Director (title) of Cascade Vocational Services ( mpany) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC i0a d for the State of Washington, residing at My commission expires /� 3 —f� . HL 020107_Job Placement_CVS Page 1 v 1.0 48 WHATCOM COUNTY: Recommended for Approval: o2 r3 -7 Reg a elahunt, Department Director D to Approved as to form: ! � rd Prosecuting Attorne Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Pro g m approv I 2-t2�e Terry Hi V, Assistant Drector Date On this day of , 2007, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Cascade Vocationai Services Kristin Nyguyen 1611 N. State St. Bellingham, W 98225 Mailing Address: Same Contact dame: Kristin NYguyen, Program Manager Contact Phone: (360) 647-9087 Contact FAX: 360) 647-1675 Contact Email: knyguen@cascadechristian.org HL_020107_Job Placement CVS Page 2 V 1.4 49 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: - The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A', during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience shall not constitute breach of contract by the County. 11.4 Termination without Cause: The Contractor may terminate this Agreement without cause, upon providing the County with thirty days' written notice of its intent to terminate. Series 20.29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit'B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit 'B,' by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer) the County will not reimburse the Contractor for any costs or expenses WL_020107—Job Placement CVS Page 3 v 1.0 50 incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractors failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with stale and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that helshelit maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: HL_020107—Job Placement_CVS Page 4 v 1.0 51 The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attomeys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Properly Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The Counly's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The HL_020107_Job Placement CVS Page 5 v 1.0 52 Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to hislherfits receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the Slate of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whalcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jessica Lee, Program Specialist 509 Girard St. Bellingham, WA 98225 'flee co. whatcom. wa. us 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. HL_020107_Job Placement_CVS Page 6 v 1.0 53 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due, d. Arbitration: Not Applicable e. Mediation: Other than claims for injunctive relief brought by a party hereto (which may be brought in court), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, may be submitted for non -binding mediation at the written request of either party. Mediation is a voluntary dispute resolution process and either party may choose not to mediate. Parties shall either accept or decline the written request for mediation within (10) days. Upon agreement to mediate, one mediator shall be selected by the parties certified through the Washington Mediation Association (WMA) or as otherwise agreed by the parties. Unless otherwise specified herein, this Agreement shall.be governed by the laws of Whalcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall'survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. HL 020107 Job Placement CVS Page 7 v 1.0 54 EXHIBIT A STATEMENT OF WORK Cascade Vocational Services Outcome Based Job Development 1.0 Purpose: The purpose of this agreement is to place individuals with developmental disabilities in integrated paid jobs and long-term volunteer employment in typical community businesses and organizations. Many individuals with characteristically high support needs are not accepted for job placement services through the current DVR system. This contract is designed to partially address this gap. 2.0 Service description: The contractor will locate, secure and place individuals with developmental disabilities in paid competitive employment and long term volunteer employment as described in design specifics, below. 3.0 Design Specifics: 3.1 Eligibility criteria Individuals with developmental disabilities eligible for placement under this contract should meet one or more of the following criteria: a. Have not had competitive employment within the last 2 years or have never had competitive employment. Competitive employment is defined as work in typical integrated settings, with minimum wage (or better) pay. b. Have applied for Division of Vocational Rehabilitation (DVR) services, and have had their DVR case file closed without a successful placement. c. Meet characteristics of medium to high support needs as identified in the DSHS/DDD vocational assessment. http://wwwl .dshs.wa.-gov/ddd/CAP.shtml#SIS d. All individuals with developmental disabilities selected for participation in the contract outcomes, must have an existing individual employment plan in place identifying: • The individual's skills, preferred activities and interests, experience and support needs. • Individual's employment goals including identified steps toward paid employment in the community. • Clearly defined responsibilities of the client and the contractor related to the plan's goals. • Signature on the plan of client and/or guardian 3.2 Reimbursement criteria Ht_ 020107_Job Placement_CVS Page 8 v 1.0 55 a. The contractor will be paid on an outcome basis, at the rates outlined in Exhibit B. Payment will be made upon the completion of a written report indicating client's successful placement into their first day of competitive paid or volunteer employment. The first day of employment is defined by the client's employer or volunteer job site. b. Successful placement for either competitive paid or volunteer employment must include the following elements. • Offer and mutual acceptance of competitive employment or volunteer employment by a typical business or non-profit organization in the community (other than the contractor.) • Work that is regularly scheduled and routine that is anticipated to continue over time. (i.e. not a short term task, need or event.) : Successful completion of the first day of employment. • .lob match that is consistent with the individual's skills, interests and goals c. In the event that the contractor develops a Group Supported Employment (GSE) site, such as an enclave or work crew, the contractor will only be reimbursed for a single job placement, for those individuals employed at the site under the same job description. In the event that the contractor requests reimbursement for more than one job description within a GSE site, the County must review and approve each job description prior to payment. Group Supported Employment is defined by DSHS/DDD as employment located in an integrated community business/industry employing groups of no more than eight (8) workers with developmental disabilities. d. The contractor will target paid competitive employment or long-term volunteer placement for 15 individuals with developmental disabilities meeting the criteria established in (a) of design specifics. 3.3 Employment Standards a. Once placement occurs, the client will be eligible for continuing long-term support by the Contractor as provided for under the terms of County's contract with Contractor for DD Employment Support Services. Continuing support will be in accordance with the terms of the contract in effect at the time support occurs. b. Both volunteer and job employment must comply with regulations established under the Fair Labor Standards Act, the Rehabilitation Act of 1973 and the Americans with Disabilities Act. (ADA) http://www.dol.cov/esa/whd/flsa/; http://www.access-board.gov/enforcement/Rehab Act-text/intro.htm; c. The contractor will comply with all other applicable federal, state and local, health and safety regulations and DSHSIDDD policies affecting client rights, health and safety as referenced in the County's current agreement for employment support services with the contractor. HL_020107 Job Pfacement_CVS Page 9 v 1.0 56 4.0 Requirements: a. The contractor will remain CARF certified (Commission on Accreditation of Rehabilitation Facilities) and a County qualified service provider in good standing during the duration of this contract. This includes providing services to clients in line with the current service agreement between the Contractor and the County. b. Services provided under this contract will be provided in addition to services currently authorized under the County's service agreement. Hours spent in job development under this contract will not be used to meet client minimum service hours under county contract with Contractor for employment support services.) The County retains the right to monitor service documentation at any time during the contract period. c. Work completed under this contract will not duplicate funding received through the Division of Vocational Rehabilitation (DVR). Individuals served under this contract may not have an open case file, or a current placement contract with DVR. d. Contractor's staff having unsupervised access to individuals with disabilities must have a DSHS/DDD background check free of disqualifying convictions. e. The contractor will meet with the County at least twice during the contract period to review progress toward outcomes. This requirement may be met by the 6- month review process established in the County service agreement. 5.0 Service Documentation: The contractor will provide a placement outcome report (Attachment A) with each invoice for services. This report may be revised by mutual agreement of the County and Contractor without contract amendment. HL_020107_Job Placement_GVS Page 10 1.0 57 Attachment A Reporting Form Cascade Vocational Services Outcome Based Job Development Individual Outcomes Report: (Due at time of invoice) Individual's name 1. Goal achieved: ❑ Paid Employment 2. Hourly wage 3 4 5 7. ❑ Long Term Volunteer Employment (if applicable) Average number of work or volunteer hours per month Individuals Goals and outcome as written on the Individual Employment Plan: Brief written Summary including location of job site and type of work : First Date of Employment: Additional comments: (Keys to success, lessons learned etc.) HL_020107_Job Placement_CVS Page 14 V 1.0 0 EXHIBIT B (COMPENSATION) Cascade Vocational Services Outcome Based Job Development Description Units Rate Total Paid job placement Per successful job placement $1500 per placement $9,000 Long Term Volunteer employment Per successful volunteer placement $1000 per placement $9000 Total $ 18,000 Funding may be reallocated between categories with written authorization by the County. The total funding allocation outlined in this contract reflects the personnel costs for a .5 FTE Job Developer position as established in the RFP budget. All negotiated rates, above, are modeled on the outcome based fee schedule for like services established through the Division of Vocational Rehabilitation (DVR) and reflect typical costs associated with these services. The contract is established on an "outcome" basis, which guarantees payment only when a successful outcome is reached. 1. The source of funding for this contract is County millage funds. 2. The Contractor shall submit an itemized invoice identifying successful job placement, including date of 15; date of employment or volunteer placement. The invoice should include the following certification: 1 certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 3. Contract shall not exceed $ 18,000 4. The Contractor shall submit invoices to the Whatcom County Health Department. Payment by the ,County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from contractor. The County may withhold payment of an invoice if the Contractor submits it more than thirty days after the expiration of this contract. 5. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the Health Department for services performed or provided under this contract, and the Health Department shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. HL 020107 Jab Placement CVS Page 11 V 1.0 59 6. Contractor shall send invoices (include contract #) to the following address: Jessica Lee, Program Specialist Whatcom County Health Dept. 509 Girard St. Bellingham, WA 98225 HL_020107 Job Placement_CVS Page 12 v 1.0 60 Exhibit C DATE (M MIDDlYM) A oRD CERTIFICATE OF LIAB'I.LITY INSURANCE� CASCA.rI - .06./16/06 PROPVP99: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oltman;: Insurance AgeneY;: Inc. HOLDER. THIS'CERTIFICATE DOES NOT AMEND,-EXTENfl-OR 2.417 "Meridian Street,'Su to .102 ALTER THE COVERAGE AFFORDED BY THE POUCIE$ BELOW. Bellingham WA 98225 Phone.; 3,60--734-3960 Fax:360-671-4590 INSURERS AFFORDING COVERAGE NAIC # INSURED, 'Cascade Christian Services INSURER A: Philadelphia Idsusance Camp. dba Cascade.Christian Home and INSURERS: dba Crestview Childrens home & INSURERC: dba Cascade -Vocational Service 1'611 North State Street INSURER0; Bellingham . WA,98225 INSURER E! COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING . ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ' POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSPOLJCYEFFECTIVE LTR NS)C TYPE OF INSURANCE POLICY NUMBER DATE I MWDDIYOL Y ICY EXPIRATION PDATE MMIODIYY LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 PREMISES (Ea ocauence) $ 100,000 A ] COMMERCIAL GENERAL LIABILITY PH>?K173512 06/15/06 06/15/07 CLAIMS MADE FRI OCCUR MED EXP (Any one person)' $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $.3 r 000 r OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 3,000,000 POLICY PRO- 7LC JECT O AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS - PROPERTYOAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGG F-XCESSIUMBRELLA UABIUTY EACH OCCURRENCE S OCCUR ❑ CLAIMS MADE AGGREGATE $ $ S I OEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER ,DESCRIATI6N OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION WHATCOM COUNTY HEALTH DEVT 509'GIRA3.iD BELLINGHAM WA 98225 WHATC24 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL'ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA(LURETO DO.SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Marl a-D4 Foun hi ACORD 25 (2001108) © D CORPORATION 1988 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-123 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: inance/Cou Originator: WC- 11a-/off -� 2127107 A.Casas _ Division Head: N K. Christensen !w Deft. Head: .Abart •- a �ti f.._ +: ?`{y` T r: et E-:.r'.1 ; :; —e t r �; � �. € i� v €. Prosecutor: D. Gibson O y Purdtasin g S /Bud ef: �'J^ D �i B. Benneff + s,1 F.recufive: ll ll P. Kreme 0�"ocO TITLE OF DOCUMENT: Professional Services Agreement for Cliffside Beach Wood Debris Removal Phase I ATTACHMENTS: Memo, contract information sheet, contract and exhibits SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X } NO SETA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide 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.) The purpose of this project is conduct an assessment and feasibility study at Cliffside Beach to delineate wood debris distribution, investigate historic wood deposition trends, identify potential removal and restoration options, and estimate costs associated with two removal and restoration options. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.uslcouncil. ii I:\MARINE\Contracts\2007\Anchor\CliffsideContract—Draft.doc 62 WHATCOM COUNTY PUBLIC WORKS DEPARTf DEANE SANDE Administrate MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whafcomcounty. us � E C E I Vlip LJ FEB 1 5 -'007 PETE KREMEN COUNTY EXECUTIVE TO: The Honorable Pete Kremen, County Executive and The Honorable Members of the Whatcom County Council FROM: Kirk N. Christensen, PE, Stormwater Manager K4- RE: Professional Services Agreement with Anchor Environmental, LLC, for Cliffside Beach Wood Debris Removal Phase DATE: February 8, 2007 Enclosed are two (2) originals of the Cliffside Beach Wood Debris Removal Phase I professional services agreement between Anchor Environmental, LLC (Anchor) and Whatcom County Public Works for your review and signature. Anchor was selected to perform this work through the competitive RFP process. ■ Background and Purpose Cliffside Beach has been identified as a priority nearshore habitat restoration site through both the Bellingham Bay Pilot Project and the Whatcom County Shoreline Management Plan. Whatcom County and the Whatcom County Marine Resources Committee (MRC) are partnering with the Department of Ecology (Ecology), the Department of Natural Resources (DNR), and the Puget Sound Action Team (PSAT) to conduct an assessment and feasibility study for the restoration of this beach. The Cliffside Beach Wood Debris Removal Phase I contract includes the following six tasks: Task 1. Investigate Wood Debris Accumulation Trends Task 2: Prepare Field Sampling Plan Task 3. Conduct Wood Debris Assessment Task 4: Develop Options for Wood Debris Removal and Disposal/Reuse Task 5. Prepare Cost Estimates for Two Removal and Disposal/Reuse Options Task 6. Prepare Report ■ Funding Amount and Source The total funding needed for this project is $60,000.00 and is distributed among the funding partners as described in the interlocal agreement and as follows: Whatcom County/Whatcom County MRC - $25,000; Ecology - $15,000; DNR - $10,000; PSAT - $10,000. Funding for the County portion is from a Year 6 MRC Grant Agreement between Whatcom County and the Department of Ecology (G0600028). Please contact Atina Casas at extension 50777 if you have any questions or concerns regarding the terms of this agreement. Enclosures L1MA JNEIContracts120071AncharlCliffsideContract Draft.doc 63 Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Public Works - Stormwater Contact Person: Atina Casas, Planner Contractor's Name: Anchor Environmental, LLC Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No X Contract Amount. (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_b0, 000.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services The purpose of this project is to conduct an assessment and feasibility study at Cliffside Beach to delineate wood debris distribution, investigate historic wood deposition trends, identify potential removal and restoration options, and estimate costs associated with two removal and restoration options. Nature of Contract Amt. (Check one) Fixed Amount _ Not to Exceed X . Open Ended _ Term of Contract: Expiration Date: 12131107 Renewal Option Yes No X Lust Renewal Expires: Special Dates or clauses that require calendaring: 2. Attorney reviewed: DA-Inid L.. �7� 3. AS -Finance reviewed: bbennett� 4. Corrections made: 5. Attorney signof .- d. Contractor signed: 7. Submitted to Exec Office 8. Reviewed by DCA 9. Council approved (if necessary 10. Executive signed: I L' Contractor Original Returned to dept; 12. County Original to Council Date_218107 (electronic] Date o a.11y f 0 electronic] Date 2113107 [electronic] Date [electronic] hard copy printed Date o� ty v7 Date x Date ;? /summary via electronic; hardco ies Date If Date Date Date Date this form may need to expand to more than one page C:IDOCL ME —I IADMINI—IILOCALS-11TcmplXPgrpwiselCliffsideContract.doc 64 �•: , Y ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT Cliffside Beach Wood Debris Removal Phase I ANCHOR ENVIRONMENTAL, LLC hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contfact as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 16 Exhibit B (Compensation), pp. 17 to 19 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 28th day of February , 20 07 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December , 20 07 . The general purpose or objective of this Agreement is to: conduct an assessment and feasibility study at Cliffside Beach to delineate wood debris distribution, investigate historic wood deposition trends, identify potential removal and restoration options, and estimate costs associated with Iwo removal and restoration options, as more fully and definitively described in Exhibit A hereto• The language of Exhibit A controls in case of any conflict between it -and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed SIXTY THOUSAND AND NO1100 DOLLARS ($ 60 000.00 . The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11 A. 21.1. 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this CONTRACTOR: ANCHOR ENVIRONMENTAL, LLC u rrxf ehy+latraee4, Partner+ JC14 1301C.6 STATE OF WASHINGTON ) ) ss. COUNTY OF I ) day of Sets sv'?d� 20 On this _LO L. day of 2007, before me personally appeared ei tM9? 'T to me known to be a PARTNER of ANCHOR ENVIRON ENTAt_, LLC, a 0 who executed the above instrument and who acknowledged tome the act of signing and sealing thereof. ,` r�Fil Pp f r� irlpil"'0 21z • 4) -or �� 'fit• rprr«tiaa•�•�` \ -` r/rrlltOF WpS -Z rl J I, - NOT Y PUBLIC in and for the St to olashington, residing al My commission expires 10 -U Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 1 65 WHATCOM COUNTY: Recornmendo for Appr 6 at: Deane•sarrdail Frank Abart Date Department Adltttrtistrator Director Approved as to forms % l Daniel L. Gibson Date Senior Civil Deputy prosecuting Attorney Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOiM ) On this day of , 2007, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires CONTRACTOR INFORMATION: ANCHOR ENVIRONMENTAL, LLC Contact Name: Paul Schlenger 1423 Third Avenue, Suite 300 Seattle, WA 98101 Contact Phone: (206) 287-9130 Contact Email: pschlenger@anchorenv,com Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 2 66 GENERAL CONDITIONS Series 00.09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series f0-f9: Provisions Related to Term and Termination 10.1 Term; Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default'. If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such delault(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding; In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first, 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided' in Exhibit %," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contactor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate Contract for Services Agreement Cliftside Beach Wood Debris Removal Phase I Page 3 67 documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit `B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contraclor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay soles and use texes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax, 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act In accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or Incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penally or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. 5erles 30-39; Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an Independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that helshellt maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under Ihis contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 4 68 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All wrilings, programs, data, public records or other materials prepared by the Contractor andlor its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable properly, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at Its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediatelygive to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall Indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may Include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 5 69 claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, ir�F'Is appainte �f �+ �k�p� pm��nnew . Ihn,r 1 except only such injury or damage as shall have been occasioned by the sele negligence of the County or its appointed or elected 26 officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy Is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupalional qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall lake affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to hislherlts receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement, 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the Counly shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the Slate of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whateom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Bruce M. Rollr PhD, Assistant Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, Bellingham, WA 98225 37.2 Notice: Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 6 70 Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40.49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor concerning [his Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable, 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred In any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42,1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work From which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in [he courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 7 71 The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1. 34.2, 34.3, 36.1. 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of [his Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 8 72 EXHIBIT "A" Cliffslde Beach Wood Debris Removal Phase I February 6, 2007 Scope of Work, Schedule, and Budget Prolecf Goal and Background This scope of work describes the activities that Anchor Environmental, L.L.C. and its subconsultants will complete in Phase I to delineate wood debris distributions at Cliffside Beach, investigate historic wood deposition trends, identify potential removal and restoration options, and estimate costs associated with two removal and restoration options. In this context, wood debris refers to fine wood particles or small wood pieces (i.e., generally less than 6 inches long), not the larger drift logs (typically referred to as large woody debris). Cliffslde Beach is located at the north end of Bellingham Bay. Its westernmost point lies at the mouth of the south -easternmost distributary of the Nooksack River delta where It drains into the bay. The beach extends eastward approximately 4,000 feet beneath steep, sandy bluffs. The project area is the approximately 4,000 foot long stretch of Cliffside Beach spanning from approximately 2,400 feet east of Cliffslde community access to approximately 1,600 feet west of the access. The project area will extend from the inshore margin of the sandflat (approximately +5 feet mean lower low water [MLLW]) to the waterward.margin of the abundant drift log accumulations (approximately +11 feet MLLW). Herein, the area between these elevations is referred to as the upper intertidal beachface. A site visit to support scoping efforts was conducted on January 7, 2007.' The additional information gained through site observation and additional insights from community representatives with knowledge of the site is useful for developing an appropriate assessment approach. Wood debris was observed along approximately 4,000 lineal feet of the beach. Throughout much of the reach, wood debris covered the entire exposed upper intertidal beachface. The wood debris was at varying stages of decomposition in the area, ranging from relatively fresh green pine needles and large deciduous leaf pieces to fibers showing much more advanced decomposition. Some areas also had larger wood pieces (Le., 4 inch long 0.5 inch diameter branch pieces) and some larger branches (i.e., 4 feet long, 2 to 4 inch diameter) were in the wave zone. Large quantities of the wood debris have been moved into the partially forested backshore, apparently from the recent winter storms. In the upper intertidal beachface of much of the project area, the wood debris formed a surface layer ranging from approximately 2-inches deep to more than 1 foot. Typically, below this surface wood layer was a layer of sand or gravel. In many of the areas where holes were dug, there were thinner subsurface layers of wood debris occurring between 0.25 and 1.5 feet deep. Excessive water seeping into the hole prevented digging deeper. In comparison to previous summertime observations by Barry Wenger (WA Dept. of Ecology), the wood debris distribution was spread over a much larger area during the winter site visit. Among the factors that are now theorized to cause this are: 1) seasonal differences in the movement and redistrlbutlon of the wood materlal due to winter versus summer winds, and 2) recent influx of large amounts of wood material from Nooksack River (and possibly other tributaries) following the winter storms and floods. During the site visit, It was concluded by Dr. Bernie Housen that the effectiveness of ground penetrating radar (GPR) would be significantly impaired during the wet season. A primary consideration in this determination that was not apparent prior to the site visit is that wood material holds large amounts of water (very likely including saltwater) from the seasonally -elevated groundwater and preceding high tide. This is exacerbated by the saturation of the beach materials due to recent rainfall. In this way, the layer of saltwater interference will be closer to the surface than the tide level and therefore the depth of interpretation using GPR may be shallower than that possible using direct sampling methods (i.e., use of augers). GPR would be more likely to succeed in the drier conditions typically encountered during the summer. The objectives of the wood debris assessment are to: 1) investigate historic and recent wood debris accumulations to determine beach erosion or accretion trends, 2) characterize surface wood debris accumulatlons (i.e., surface layer accumulations that are above the sand/gravel beach substrate) in the project area to inform evaluations of removal and restoration options, and 3) develop options and cost estimates for wood debris removal and disposallreuse. These objectives will help inform subsequent project Phases and decisions regarding the potential biological benefits associated with removing the wood debris from the aquatic environment. The following six tasks have been identified to complete Phase I. Task 1. Investigate Wood Debris Accumulation Trends Task 2, Prepare Field Sampling Plan Task 3. Assessment of Upper Intertidal Surface Wood Debris Task 4. Develop Options for Wood Debris Removal and DisposallReuse Task 5. Prepare Cost Estimates for Two Removal and Disposal/Reuse Options ' This site visit was attended by Paul Schlenger, Chris Fairbanks, and Dan Hennessy of Anchor Environmental; Jim Johannessen and Jonathan Waggoner of Coastal Geologic Services; Dr. Bernle Housen (WWU Professor); Barry Wenger (WA Dept. of Ecology); and Dr. Burt Webber (retired WWU professor) and Sue Webber (Whatcom Comm. College) and Lindy Keeler of the Cliffside Community. The tide during the visit ranged from approximately +6.0 to +5.5 feet MLLW. Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 9 73 Task 5. Prepare Report The following section describes each of the tasks in more detail, including the assumptions and deliverables associated with each task. These task descriptions include reference to consulting or meeting with Whatcom County (County) representatives. It is anticipated that representatives from different organizations may also be invited by the County to participate. Scope of Work Task 1. Investigate Wood Debris Accumulation Trends This task will focus on investigating, possible trends in the accumulation of wood debris along the beach. This investigation is intended to enhance the understanding of the trend in the areal extent of wood debris since the late 1930s, location of the east Nooksack River channel mouth, and trends in beach erosion or accretion. These data should allow for a more informed analysis of the origin of the wood debris at Cliffside Beach. Using historic aerial photographs ranging from the late 1930s to the early 2000s, the historic distribution of surface wood debris will be interpreted. These photographs will also be interpreted to estimate the historic shoreline location and historic Nooksack River distributary channels. The time sequence of the shoreline location as defined by the waterward extent of drift logs (and if possible the toe of the beachface) will be used In an interpretation of beach erosion and accretion trends along the beach. Interviews with local historians, tribal representatives, and community members with long-standing knowledge of the beach will be conducted. These interviews will include discussion of the historic uses of the shoreline and observations of potential sources or source events. Assumptions: • Historic aerial photographs are available for the site. Deliverables: • A Wood Debris Accumulation Trends Memorandum will be provided that describes the information sources and findings of the research. If historic aerial photographs provide adequate resolution, a map depicting the shoreline configuration over time and potentially with changes in apparent areas with surface wood debris delineated. Task 2. Prepare Field Samg Ling Plan A memorandum describing the field sampling and analysis approach will be prepared. The sampling plan will Include the rationale for the sampling design, the sample size determination, and a table listing the parameters to measure, the reasons why they were selected, the laboratory methods and practical quantitation limits, and the regulatory standards to which data will be compared. This memorandum will provide additional detail to the general assessment approach described below. Field sampling will not begin until the plan has been accepted by the County. Assumptions: • One round of synthesized comments will be provided on a draft memorandum. • County approval will not cause delays in the proposed schedule (below) that would cause sampling to miss the planned low tide sampling period and therefore cause delays throughout the schedule, Deliverables: • A draft Field Sampling Plan memorandum will be prepared and provided electronically. • A final Field Sampling Plan memorandum that incorporates one round of synthesized comments will be prepared and provided electronically. Task 3. Assessment of Upper lnferfidal Surface Wood Debris The wood debris assessment will focus on characterizing the horizontal and vertical extent of the surface layer of wood debris above the sand and gravel forming the beach. This information will be used to estimate the volume of wood debris in the surface layer that would be removed If removal is warranted. The extent of wood debris in the surface layer will be characterized by digging using hand tools and, if necessary to determine the bottom depth of the surface wood layer, power tools. Hand digging will be accomplished using devices such as augers, ditch diggers, and shovels. It is anticipated that these methods will enable digging to a depth of approximately 2.5 feet, although the degree of saturation will influence whether deeper depths can be attained using these methods. If hand digging devices are unable to reach the bottom of the surface wood layer, than power tools such as a power auger will be used in order to ensure the bottom depth of the surface wood layer Is attained. Three days of sampling are planned. Two of the sampling days will entail digging with hand devices. The third day of sampling will use power tools andlor hand tools, depending on the ability to reach the bottom of the surface wood layer Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 10 74 using hand tools throughout the project area. Digital photographs of the site, sampling equipment and operation, and representative sample cores will be taken to document field activities. Sampling be conducted along transects running perpendicular to the shoreline. The transects will extend across the upper intertidal beachface (i.e., from the lower margin of the drift log accumulations to approximately f5 feet MLLW) and are expected to be between 75 feet and 150 feet in long. The transects will be spaced every 100 feet along the beach (i.e., 41 transects along the 4,000 ft beach). This spacing was selected based on an estimated pace to which the assessment can be conducted and the intention to provide the highest resolution of wood debris extent in the project area in the time allotted. Along each transect, 3 to 7 holes will be dug to characterize the horizontal and vertical distribution of wood debris. The number of holes per transect will be determined based on the amount of the transect with surface wood debris (wider area will result in more holes) and the heterogeneity of the depth of the surface wood layer (more heterogeneity will result in more holes). In addition to the transects, the margin of the surface wood debris layer will be mapped using a differential global position system (DGPS). The margin of the exposed wood debris visible on the surface of the backshore will also be mapped using DGPS. The rationale for limiting the sampling effort to the upper intertidal beachface is that wood debris in the backshore is not believed to be detrimentally impacting habitat function for salmon or other fish species. The occurrence and depths at which wood debris occurs will be interpreted by looking at the margins of the holes. This will allow for the characterization of the depths at which wood debris occurs in the sediment column. During the direct sampling efforts, the following observations will be recorded at each sampling site: DGPS location, approximate elevation (relative to mean lower low water), depth of surface wood debris, and surface substrate size (i.e., substrate just below the surface wood layer). Wood debris samples will be collected and composited for chemical analyses. The chemical analysis will provide Information on the potentlal removal and reuse options for wood debris. The final number of samples and analytes will be developed through review and approval of the Task 1 deliverable. The cost estimate Is based on the assumption that no more than 10 sediment chemistry samples will be analyzed. Assumptions: • Site access and project notification efforts will be conducted by the County. • Site extends from approximately 2,400 feet east of Cliffside community access to approximately 1,600 feet west of the access (4,000 ft total shore length). • Sampling will focus on the intertidal zone (Le., waterward of drift log accumulations) with limited mapping and coring in the backshore. • No more than 10 sediment chemistry samples will be analyzed. A total of $6,000 is set aside in the budget to complete the chemical analysis. If the analyte list changes, there may not be sufficient budget to analyze 10 samples. If less than $6,000 Is used for sediment chemistry analysis, then the remainder will be re -allocated to support additional direct sampling. • Three days of field sampling are assumed, Additional sampling days would require re -allocation of the level of effort and budget currently assigned to other tasks. • Modification of the assessment techniques to include either heavier equipment for direct sampling (e.g., backhoe), boat -based acoustic sub -bottom profiling, or other techniques will be discussed with the County and would require re- allocation of the level of effort and budget currently assigned to other tasks. • County will approve field sampling plan prior to implementation. Deliverable: • A Wood Debris Assessment Memorandum will be prepared that will describe the findings and will include a map(s) of the wood debris distribution, the estimated volume of surface layer of wood debris, the results of the preliminary chemical screening results, and electronic copies of photographs taken during the assessment. The Wood Debris Assessment Memorandum will later be included in the final report for the project; however, providing the Information initially as a memorandum will expedite distribution of the assessment findings and avoid duplication of effort and cost - inefficiencies of preparing multiple reports. Task 4. Develop Options for Wood Debris Removal and Disposal/Reuse Options for wood debris removal and disposal or reuse will be developed based upon the information gathered in the preceding tasks. The development of options will include determining applicable permit requirements and identifying challenges associated with land ownership issues and removal logistics. The removal options and disposal or reuse options will include proposed approaches to address these challenges. Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 11 75 Additlonal components of this task include describing restoration actions that may be required once the wood debris is removed, and developing a monitoring strategy to assess site conditions prior to and following wood debris removal. Assumptions: • During this task, the consultant team will meet with County representatives to summarize the assessment findings and describe the range of options identified. In this way, new options can be identified and/or existing options can be refined based on the discusslons of the meeting participants. This meeting will also be a venue for deciding upon the two options to carry forward for cost estimating (Task 5). Deliverable: • A Wood Debris Removal and Disposal/Reuse Options Memorandum will be prepared that will describe the range of alternatives, including the challenges associated wlth land ownership and site logistics, and a list of applicable permits With timelines and sequencing recommendations. Task 5. Cost Estimates for Removal and Disposal or Reuse Options Cost estimates will be prepared for the two most practicable wood debris removal and disposal or reuse options. The cost estimates will clearly state the assumptions and will identify any data gaps that add to the uncertainty of the estimates. Assumptions: • County representatives will have provided input in Task 4 on the two desired options to carry forward. Deliverable: • No deliverable. As shown in schedule below the cost estimates will be incorporated into draft report. Task 6. Prepare Report A draft and final report will be prepared that will describe all activities and outcomes of Phase I. The report will include Information from the Wood Debris Assessment Memorandum, and Wood Debris Removal and DisposallReuse Options Memorandum. The cost estimates will be provided in the report, Restoration actions and a monitoring strategy will also be included. Maps, field data sheets, chain -of -custody records, and laboratory reports will be included as Appendices. Assumptions: • One round of synthesized comments will be provided on the draft report. Deliverables: • An electronic copy of the draft report will be provided in Microsoft Word for review and comment by the County. • Five hard copies and an electronic copy (pdo will be provided to the County. Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 12 .76 Project Schedule The following schedule of activities related to each task. Task Schedule Task 1. Investigate Wood Debris Accumulation Trends March 1 to March 30 Task 2. Prepare Field Sampling Plan Draft to County by March 23 Final to County by April 2 Task 3. Assessment of Upper Intertidal Surface Wood Field work April 3 to April 6 Debris Memorandum to County by April 27 Task 4. Develop Options for Wood Debris Removal and Develop Optlons April 27 to May i i Disposal/Reuse Meeting to Discuss Options to Carry Forward during week of May 14 to 18 Memorandum to County by May 23 Task 5. Prepare Cost Estimates for Two Removal and Prepare Cost Estimates May-23 to May 31 DisposallReuse Options Task 6. Prepare Report Prepare Draft Report May 23 to June 1 Draft Report to County by June 1 Assuming Comments Received by June 11, then Final Report to County by June 15 Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 13 77 Project Budget The budget for each task is summarized below and detailed in the attached Exhibit B. Task Budget Task 1. Investigate Wood Debris Accumulation Trends $ 4,930 Task 2. Prepare Field Sampling Plan $2,760 Task 3. Conduct Wood Debris Assessment $33,290 Task 4. Develop Options for Wood Debris Removal and Disposal/Reuse $8,250 Task 5. Prepare Cost Estimates for Two Removal and Disposal/Reuse Options $3,845 Task 6. Prepare Report $6,925 TOTAL $60,000 i Contract for Services Agreement Cliffside Beach Wood Debris Removal Phase I Page 14 78 O V• 1 O O O O U i� 0 0 0 0 V i o 4 CD0 0� In t o 0 0 G? h �D N rn N 7 0 IO CD O to to [,- N t0 00 0, rn vi w 0% vi O+ M to \O O N N O O 0, rl N O 49 -. 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CGS Fee Schedule Jauuaiy 2007 Principal Geologist (Standard rate-Fiel(Loffiee) S115/all• Principal GeoloaiSt (Legal Consultation) 5175/llr Principal Geologist (Expert k itness) S230/llr Coastal Scientist S81/lll' Envirplllllelltal Scientist S7317n' AutoCAD/GIS Specialist $ 73/llr Survey Assistant 573/hr Office Support Staff S60/ilr COGS Cost Schedule Ach allced Total Statiou (survey egtlipillent) Package S 1501day Small Outboard Motorboat S120/clay Boat Use (34 ft) S200/clay Inshore Boat S70/clay Mirror Stereoscope S20/clay Per Dielll S140/clay Mileage (c{vorot. 48.5c,-inhe fordan. 2007) Federal late Copy/ Reproduction cost + 15% Other Direct Expenses (aerial photos, snaps, etc...) cost + 15% All Invoices are payable upon receipt. An interest charge of 1% per month will be applied to all im.-oices not paid witbiii 30 days, tailless arrangements are oracle in advance. Any attorney's fees or other costs incurred in collecting ally delinquent aniotuit shall be paid by the client 701 I•1-111son Ave., BeIIinghant, wA 98225-7348 (360) 647-1845 Fax 671-6654 wim. c:oastalgeo.cotrt Contract for Services Agreement Cliffslde Beach Wood Debris Removal Phase I Page 16 80 EXHIBIT licit (Certificate of Insurance) ACORD CERTIFICATE OF LIABILITY INSURANCE °"TE213107" PRODUCER CAL,' 0531007 Wells Fargo Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SefVICeS Northwest, Inc. P.O. Services 91143 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle, WA 99111-9243 INSURERS AFFORDING COVERAGE INSURED Anchor Environmental LLC 1423 3rd Ave Ste 300 IN5URERA: U.S. Fidelltv & Guaranty Co. INSURER9: Greenwich InsurBnce Company INSURER C: Seattle WA 98101 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLCY EXPIRATION LIMITS A GENERAL Lw131UTY BKO1920171 1011 CV06 1 CV10107 EACH OCCURREXCE 3 1000000 FIRE DAMAGE [Ary rn? Are] 3 1000300 X ODMMERCIAL GENERAL LIABILrrY CLAIMS MADE n OCCUR I.IED EXP one R S 10000 PERSONAL & AOV INJURY 3 100D000 X Stop Gap GENERALAGGREGATE S 2000000 GEML AIGGRFGATE LIMIT APPUES PER: PRODUCTS . COMP'OP AGG S 2000000 X PDLICY jEcTPRO' LOC AUTCW41LE LIAWLI Y ANY AUTO COMBINED SINGES LIMIT (Ea a[rimrt) 3 BODILY It� URY (per Art Art ; ALL OWNED ALTOS SCHEDULED AUTOS BOOILY IlLJURY Fer udaert) S HIRED AUTOS NON-OW14ED AUTOS PROPERTY DAMAGE LPa awdmt) 3 GARAGE LIABILITY AUTO ONLY • FA ACCIDENT 3 OTHER THAN EAACC S ANY AUTO 5 AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE 5 OCCUR CLAIMS MACE AGGREGATE 3 3 S DEDUCTIBLE 3 RETENTION S WORKERS GCNPENSATION AND EMPLOYERS'LIAMUTY RY L I ER E.LEACHAOCIDFNT S EL DISEASE. EA EMPLOYEE 3 EL DISEASE. POLICY LIMIT i B OTHER PECO019490 10/10/06 1Q+10107 Professional $1.00D.000 Per Occur. Lhbllity $1,000,000 Aggregate DESCRIPTION OF OPERATIQNS&CCATIONSIVEHICLLVEXCLUSIONS ACDED RY ENDORSEMENTI5PECIAL PROMSnN5 EVIDENCE OF INSURANCE. DJT Whatcom County Attn: Remy Stratton 2011 Young Street, Suite 201 Bellingham, WA 99225 11. 41 I IUN SHOULD ANY OF THE ABOVE DESCRIBED PO -LIES OF CANCELLED BEFORE THE DMIZATION RATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO 08LIGATION OR LMIUTY OF AIN KIND UPON THE INSURED ITS AGENTS OR Contract for Services Agreement r'.liffciria Ronnh 11Unnrl r)phric Ramnw�l Din— I r'3--- 47 2OO7—l24 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to; Originator- 2127107 Division Head: 24 K. Christensen F Dew. Head: Prosecutor: -7 D. Gibson TITLE OP DOCUMENT. Interlocal Agreement with Department of Ecology, Department ofNatural Resources, Puget Sound Action Team, and K%atcom County Marine Resources Committeefor the Cliffside Beach Wood Debris Removal Phase I Memo, Contract Information Sheet, Interlocal Agreement andExhibits SEPA review required? ) Yes ( X NO Should Clerk schedule a hearing? Yes ( X ) NO SEPA review completed? ) Yes ( X NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires apublic hearing, you mustprovide the languagefor use in the requiredpublic notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) The Whatcom County Marine Resources Committee (MRQ has an opportunity to partner with the Department ofEcology (Ecology), Department ofNatural Resources (DAR), and the Puget Sound Action Team (PSAY) to conduct a project designated high priority to each party: assess the wood debris at Cliflside Beachfor potential removal to restore the natural habitat and processes necessary to support native marine and upland vegetation, benthic organisms, and shoreline wildlife. COMMITTEE ACTION. COUNCIL A CTION. Related County Contract #.- Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing andprinfing on the County's o1l WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDE ,( Administrat i�� MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcountv.us RECEIVED TO: The Honorable Pete Kremen, County Executive and FEB 15 2007 The Honorable Members of the Whatcom County Council I?ETE K#iEMEN COUNTY EXECUTIVE FROM: Kirk N. Christensen, PE, Stormwater Manager r4(l/' RE: Interlocal Agreement with Department of Ecology, Department of Natural Resources, Puget Sound Action Team, and Whatcom County Marine Resources Committee for the Cliffside Beach Wood Debris Removal Phase I DATE: February 12, 2007 -�'eur (q Enclosed are the-(2-) originals of Interlocal Agreement with Department of Ecology, Department of Natural Resources, Puget Sound Action Team, and Whatcom County for the Cliffside Beach Wood Debris Removal Phase I for your review and signature. ■ Background and Purpose Cliffside Beach has been identified as a priority nearshore habitat restoration site through both the Bellingham Bay Pilot Project and Whatcom County Shoreline Management Plan. Whatcom County, on behalf of the Whatcom County Marine Resources Committee (MRC), has an opportunity to partner with the Department of Ecology (Ecology), Department of Natural Resources (DNR), and the Puget Sound Action Team (PSAT) on an assessment and feasibility study. This is a critical step towards the removal of the wood debris to restore the natural habitat and processes necessary to support native marine and upland vegetation, benthic organisms, and shoreline wildlife. ■ Funding Amount and Source This Intedocal Agreement in the amount of $85,000 provides $60,000 that will be dedicated to a professional services agreement with Anchor Environmental, LLC. The remaining $25,000 will be applied to follow-up actions that will be determined jointly by the funding partners. The Interlocal Agreement includes the following contributions from each partner: Whatcom County - $25,000; Ecology - $40,000; DNR - $10,000; and PSAT - $10,000. Funding for the County portion is from the Year 6 MRC Grant Agreement between Whatcom County and the Department of Ecology (G0600028). Please contact Atina Casas at extension 50777 if you have any questions or concerns regarding the terms of this agreement. Enclosure I:IMARINE1Contracts120071Cliffside ILA1Contract Covers AB_Memo-CIS.doc 83 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ';�o2,�a�/ Originating Department: Public Works - Stormwater Contact Person: Atina Casas, Planner Contractor's Name: Department of Ecology, Department of Natural Resources, Puget Sound Action Team, and Whatcom County Marine Resources Committee Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No If an Amendment, previous number(s): Is this a renewal? Yes T No X Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_85, 000.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended mount: Executive with supporting memo for approval. Scope of Services The Whatcom County Marine Resources Committee (MRC) has an opportunity to partner with the Department of Ecology (Ecology), Department of Natural Resources (DNR), and the Puget Sound Action Team (PSAT) to conduct a project designated high priority to each party: assess the wood debris at Cliffside Beach for potential removal to restore the natural habitat and processes necessary to support native marine and upland vegetation, benthic organisms, and shoreline wildlife. Nature of Contract Amt. ( Check one) Fixed Amount _ Not to Exceed X Open Ended Term of Contract: Expiration Date: 12131107 Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & SiQnoff.• fsien or initiall /indicate date transmitted 1. Prepared by: Remy Stratton Dale 2112107 [electronic] 2. Attorney reviewed: &nl &i L _ 6 ih Date o -2- t't d jelectronic] 3. AS -Finance reviewed: bbennett AVDate 2113107 (electronic] 4. Corrections made. Date [electronic] hard copy printed 5. Attorney signoff.- Date d t e 6. Contractor signed: Date 7. Submitted to Exec Office ,� Date -¢ summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Date 10. Executive signed: Date IL Contractor Original Returned to dept,• Date 12. County Original to Council Date this form may need to expand to more than one page C:IDOCUM1r-11ADMINI-IILOCALS-11TemplXPgrpwiselContract Covers_AB_Memo-CiS.doc 84 COUNTY ORIGINAL 2007 INTERLOCAL AGREEMENT Department of Ecology No.: Department of Natural Resources No.: Puget Sound Action Team No.: Whatcom County Contract No.: C0700184 .2Q'd 7d,2,U z. f DEPARTMENT OF ECOLOGY, DEPARTMENT OF NATURAL RESOURCES, PUGET SOUND ACTION TEAM, AND WHATCOM COUNTY FOR THE CLIFFSIDE BEACH WOOD DEBRIS REMOVAL PHASE I THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the Department of Ecology, [P. O. Box 47600, Olympia, WA 98504-76001 ("Ecology'), Department of Natural Resources, [919 N Township St, Sedro Woolley, WA 98284] ("DNR"), Puget Sound Action Team, [PO Box 40900, Olympia WA] ("PSAT"), and Whatcom County, County Courthouse, Bellingham, WA 98225 ("County") WHEREAS, Ecology,. DNR, PSAT, and the County desire to establish an arrangement wherein the County will act as project manager and coordinate payment to the consultant to perform work in relation to the Cliffside Beach Wood Debris Removal Phase I ("Project") to the mutual advantage of each jurisdiction; and, WHEREAS, Chapter 39.34, Revised Code of Washington provides for cooperation between local government entities through contractual agreement; and, WHEREAS, Ecology, DNR, PSAT, and the County consider the Project as a priority project; and, WHEREAS, the County received funding for the Project through an amendment to the Year 6 Whatcom Marine Resources Committee (MRC) Action Grant (Grant #G0600028); and, WHEREAS, the Whatcom MRC Grants are administered by the County; and, WHEREAS, the County administration, in coordination with Ecology, DNR, and PSAT staff, selected Anchor Environmental, L.L.C. for the Project; and WHEREAS, it is in the best interest of each party to enter into this Interlocal Agreement, NOW THEREFORE, Ecology, DNR, PSAT, and the County agree as follows: I. Purpose: The purpose of this agreement is to set the terms whereby Ecology, DNR, and PSAT will make available funds to the County for the purpose of completing the assessment and feasibility study, remediation options and evaluations, and cost estimates for removing wood debris from Cliffside Beach as prepared by Anchor Environmental, L.L.C. Administration: No new or separate legal or administrative entity is created to administer the provisions of this agreement. III. Whatcom County Responsibilities: The County hereby agrees to manage the contract and pay Anchor Environmental, L.L.C. for costs associated with completing the Project as described in Exhibit A. IV. Ecology Responsibilities: Ecology hereby agrees to reimburse the County for its share ($40,000) of the costs incurred in obtaining the services generally set forth in Sections I and III above and as more fully described in Exhibit A attached hereto, in accordance with the total cost allocated to Ecology as shown in Exhibit B. V. DNR Responsibilities: DNR hereby agrees to reimburse the County for its share of the costs ($10,000) incurred in obtaining the services generally set forth in Sections I and III above and as more fully described in Exhibit A attached hereto, in accordance with the total cost allocated to DNR as shown in Exhibit B. VI. PSAT Responsibilities: PSAT hereby agrees to reimburse the County for its share ($10,000) of the costs incurred in obtaining the services generally set forth in Sections I and III above and as more fully described in Exhibit A attached hereto, in accordance with the total cost allocated to PSAT as shown in Exhibit B. The federal funding for PSAT's portion of this contract is provided by the Environmental Protection Agency (Funding Year: 2005, Catalog of Federal Domestic Assistance Number: 66.456, DEPARTMENT Funding Source: Clean Water Act Section 104). As a recipient of federal funds, Whatcom County must comply with the following federal regulations: OMB Circular A-133, Compliance Supplement, OMB Circular A-21, Cost Principles for Educational Institutions, OMB Circular A-110, Uniform Administrative Requirements for Non -Profit Organizations. These federal regulations can be found at: http:llwww.whitehouse.gov/omb/circulars. Furthermore, the contract with the contractor performing the work which is the subject of this interlocal agreement shall contain the following clause: CERTIFICATION REGARDING SUSPENSION, DEBARMENT, and OTHER RESPONSIBILITY MATTERS: Federal Executive Order 12549 provides that Executive departments and agencies shall participate in a government -wide system for suspension and debarment. These departments and agencies have further passed this requirement onto their recipients and have provided pertinent regulations in the Codes of Federal Regulations. The Contractor certifies that the Contractor (or its principal officials) is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. if the Contractor further subawards federal resources, the CONTRACTOR must ensure the same sus pens ionldebarment requirements are followed. VII. Payment: All payments under this contract are considered reimbursement for services rendered. Each request for payment herein is to be submitted in the usual form of a claim for services rendered, which claim shall be supported by detailed documentation of the services actually performed so as to comply with auditing requirements. Payment shall be upon approved claims and in accordance with customary procedures. Ecology, DNR, and PSAT will compensate the County for services rendered within thirty (30) days following receipt of a detailed invoice, provided all other, terms and conditions of the contract have been met and are certified as such by the County's Contract Administrator. Vill. Term: This Agreement shall be effective for services performed beginning upon County Council approval of the contract with Anchor Environmental, L.L.C. and extending through December 31, 2007. It may be terminated by any party upon the giving of ninety (90) days written notice to the others, at which time any remaining financial obligations shall be paid in full according to the provisions of VII. Payment, stated above. 0 IX. Responsible Persons: The persons responsible for administration of this Agreement shall be the Department of Ecology Director, the Department of Natural Resources Assistant Region Manager, the Puget Sound Action Team Director, and the Whatcom County Public Works Department Director, or their designees. X. Treatment of Assets and Property. No fixed assets or personal or real property will be jointly or cooperatively acquired, held, used, or disposed of pursuant to this Agreement, except that the products of the Phase I work shall be deemed the property of each of the parties to this agreement. XI. Indemnification: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the Parties by reason of entering into this Agreement except as expressly provided herein. XII. Modifications: This Agreement may be changed, modified, amended or waived only by written agreement executed by the Parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. XIII. Applicable Law: In the performance of this Agreement, it is mutually understood and agreed upon by the Parties hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance, and the venue of any action arising herefrom shall be in the Superior Court of the State of Washington in and for Whatcom County. XIV. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are -declared severable. XV. Entire Agreement: This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. XV. Recordation: Upon execution of this Agreement, Whatcom County shall file a copy of it with the office of its County Auditor pursuant to the requirements of RCW 39.34. IN WITNESS WHEREOF, the parties have signed this Agreement this day of , 2007. DEPARTMENT OF ECOLOGY: Approved as to form: James J. Pendowski, Program Manager Toxics Cleanup Program STATE OF WASHINGTON } ss. County of Whatcom } On this day of 6 1/L(fk , 2007, before me personally appeared JAMES J. PENDOWSKI, to me known to be the Toxi s Cleanup Program Manager of the DEPARTMENT OF ECOLOGY, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. C- NOTA PUB C iri and f tlieStifeof Washington residing at My appointment expires:`/�UZ UOa r c� slo'td+RY'.n V) z a pt�U� O dF weAS�� DEPARTMENT OF NATURAL RESOURCES: Approved as to form: Me David Roberts, Assis ant Region Manager 4..� STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this I3 day of 4�u , 2007, before me personally appeared DAVID ROBERTS, to me known to be the Adilstant Region Manager of the DEPARTMENT OF NATURAL RESOURCES and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at ZA,4.^o Loma L My commission expires:_nopn, '1 �aolp 0 0 PUGET SOUND ACTION TEAM: Approved as to form: ad Ack, Direct STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) On this 13t4l day of F,-o-b'VAr , 2007, before me Personally appeared BRAD ACK, to me known to be the Director oft PUGET SOUND ACTION TEAM and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ON NOTARY PUBLIC in and for the State of Washington, residing at . 10 My commission expires:--' -a cl " Off' CP P4 9-0a F WPS .X WHATCOM COUNTY: Approved as to form: Deputy Prosecuting Attorney Approved: Accepted for Whatcom County: Pete Kremen Whatcom County Executive STATE OF WASHINGTON ) ) ss. County of Whatcom ) Department Approval [3e�rrte• 8at�� eIF, �4t4r� i�+str#c�r Whatcom County Public Works Frank M. Abart, Director On this day of , 2007, before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY, and .who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington residing at Bellingham. My appointment expires: 91 EXHIBIT "A" Scope of Work Cliffside Beach Wood Debris Removal — Phase I Introduction The Whatcom County Marine Resources Committee (MRC) has an opportunity to partner with the Department of Ecology (Ecology), Department of Natural Resources (DNR), and the Puget Sound Action Team (PSAT) to conduct a project designated high priority to each party: assess the wood debris at Cliffside Beach for potential removal to restore the natural habitat and processes necessary to support native marine and upland vegetation, benthic organisms, and shoreline wildlife. This scope of work (SOW) describes the six tasks that Anchor Environmental, L.L.C. ("Anchor") will complete for Phase I and includes the activities, products, and assumptions for each of these tasks. Upon completion of Phase 1, other tasks related to this work may be considered. These tasks, or portions thereof, will not be implemented without notice to proceed from the County and approval by Ecology, DNR, and PSAT. Whatcom County is identified as the lead in working with Anchor to implement the following six tasks: Task 1. Investigate Wood Debris Accumulation Trends Task 2: Prepare Field Sampling Plan Task 3. Conduct Wood Debris Assessment Task 4: Develop Options for Wood Debris Removal and Disposal/Reuse Task 5. Prepare Cost Estimates for Two Removal and Disposal/Reuse Options Task 6. Prepare Report Task 1. Investigate Wood Debris Accumulation Trends This task will focus on investigating possible trends in the accumulation of wood debris along the beach. This investigation is intended to enhance the understanding of the trend in the areal extent of wood debris since the late 1930s, location of the east Nooksack River channel mouth, and trends in beach erosion or accretion. These data should allow for a more informed analysis of the origin of the wood debris at Cliffside Beach. Using historic aerial photographs ranging from the late 1930s to the early 2000s, the historic distribution of surface wood debris will be interpreted. These photographs will also be interpreted to estimate the historic shoreline location and historic Nooksack River distributary channels. The time sequence of the shoreline location as defined by the waterward extent of drift logs (and if possible the toe of the beachface) will be used in an interpretation of beach erosion and accretion trends along the beach. Interviews with local historians, tribal representatives, and community members with long- standing knowledge of the beach will be conducted. These interviews will include discussion of the historic uses of the shoreline and observations of potential sources or source events. Assumption: Historic aerial photographs are available for the site. Deliverable: • A Wood Debris Accumulation Trends Memorandum will be provided that describes the information sources and findings of the research. If historic aerial photographs provide adequate resolution, a map depicting the shoreline configuration over time and potentially with changes in apparent areas with surface wood debris delineated. Task 2. Prepare Field Sampling Plan A memorandum describing the field sampling and analysis approach will be prepared. The sampling plan will include the rationale for the sampling design, the sample size determination, and a table listing the parameters to measure, the reasons why they were selected, the laboratory methods and practical quantitation limits, and the regulatory standards to which data will be compared. This memorandum will provide additional detail to the general assessment approach described below. Field sampling will not begin until the plan has been accepted by the County. Assumptions: • One round of synthesized comments will be provided on a draft memorandum. • County approval will not cause delays in the proposed schedule (below) that would cause sampling to miss the planned low tide sampling period and therefore cause delays throughout the schedule. Deliverables: • A draft Field Sampling Plan memorandum will be prepared and provided electronically. • A final Field Sampling Plan memorandum that incorporates one round of synthesized comments will be prepared and provided electronically. Task 3. Assessment of Upper Intertidal Surface Wood Debris The wood debris assessment will focus on characterizing the horizontal and vertical extent of the surface layer of wood debris above the sand and gravel forming the beach. This information will be used to estimate the volume of wood debris in the surface layer that would be removed if removal is warranted. The extent of wood debris in the surface layer will be characterized by digging using hand tools and, if necessary to determine the bottom depth of the surface wood layer, power tools. Hand digging will be accomplished using devices such as augers, ditch diggers, and shovels. It is anticipated that these methods will enable digging to a depth of approximately 2.5 feet, although the degree of saturation will influence whether deeper depths can be attained using these methods. If hand digging devices are unable to reach the bottom of the surface wood layer, than power tools such as a power auger will be used in order to ensure the bottom depth of the surface wood layer is attained. Three days of sampling are planned. Two of the sampling days will entail digging with hand devices. The third day of sampling will use power tools and/or hand tools, depending on the ability to reach the bottom of the surface wood layer using hand tools throughout the project area. Digital photographs of the site, sampling equipment and operation, and representative sample cores will be taken to document field activities. Sampling will be conducted along transects running perpendicular to the shoreline. The transects will extend across the upper intertidal beachface (i.e., from the lower margin of the drift log accumulations to approximately +5 feet Mt_t_W) and are expected to be between 75 feet and 150 feet in long. The transects will be spaced every 100 feet along the beach (i.e., 41 transects along the 4,000 ft beach). This spacing was selected based on an estimated pace to which the assessment can be conducted and the intention to provide the highest resolution of wood debris extent in the project area in the time allotted. Along each transect, 3 to 7 holes will be dug to characterize the horizontal and vertical distribution of wood debris. The number of holes per transect will be determined based on the amount of the transect with surface wood debris (wider area will result in more holes) and the heterogeneity of the depth of the surface wood layer (more heterogeneity will result in more holes). In addition to the transects, the margin of the surface wood debris layer will be mapped using a differential global position system (DGPS). The margin of the exposed wood debris visible on the surface of the backshore will also be mapped using DGPS. The rationale for limiting the sampling effort to the upper intertidal beachface is that wood debris in the backshore is not believed to be detrimentally impacting habitat function for salmon or other fish species. 93 The occurrence and depths at which wood debris occurs will be interpreted by looking at the margins of the holes. This will allow for the characterization of the depths at which wood debris occurs in the sediment column. During the direct sampling efforts, the following observations will be recorded at each sampling site: DGPS location, approximate elevation (relative to mean lower low water), depth of surface wood debris, and surface substrate size (i.e., substrate just below the surface wood layer). Wood debris samples will be collected and composited for chemical analyses. The chemical analysis will provide information on the potential removal and reuse options for wood debris. The final number of samples and analytes will be developed through review and approval of the Task i deliverable. The cost estimate is based on the assumption that no more than 10 sediment chemistry samples will be analyzed. Assumptions: • Site access and project notification efforts will be conducted by the County. • Site extends from approximately 2,400 feet east of Cliffside community access to approximately 1,600 feet west of the access (4,000 ft total shore length). • Sampling will focus on the intertidal zone (i.e., waterward of drift log accumulations) with limited mapping and coring in the backshore. • No more than 10 sediment chemistry samples will be analyzed. A total of $6,000 is set aside in the budget to complete the chemical analysis. If the analyte list changes, there may not be sufficient budget to analyze 10 samples. If less than $6,000 is used for sediment chemistry analysis, then the remainder will be re -allocated to support additional direct sampling. • Three days of field sampling are assumed. Additional sampling days would require re- allocation of the level of effort and budget currently assigned to other tasks. • Modification of the assessment techniques to include either heavier equipment for direct sampling (e.g., backhoe), boat -based acoustic sub -bottom profiling, or other techniques will be discussed with the County and would require re -allocation of the level of effort and budget currently assigned to other tasks. • County will approve field sampling plan prior to implementation. Deliverable: • A Wood Debris Assessment Memorandum will be prepared that will describe the findings and will include a map(s) of the wood debris distribution, the estimated volume of surface layer of wood debris, the results of the preliminary chemical screening results, and electronic copies of photographs taken during the assessment. The Wood Debris Assessment Memorandum will later be included in the final report for the project; however, providing the information initially as a memorandum will expedite distribution of the assessment findings and avoid duplication of effort and cost -inefficiencies of preparing multiple reports. _Task 4. Develop Options for Wood Debris Removal and Disposal/Reuse Options for wood debris removal and disposal or reuse will be developed based upon the information gathered in the preceding tasks. The development of options will include determining applicable permit requirements and identifying challenges associated with land ownership issues and removal logistics. The removal options and disposal or reuse options will include proposed approaches to address these challenges. Additional components of this task include describing restoration actions that may be required once the wood debris is removed, and developing a monitoring strategy to assess site conditions prior to and following wood debris removal. Assumption: • During this task, the consultant team will meet with County representatives to summarize the assessment findings and describe the range of options identified. In this way, new options can be identified and/or existing options can be refined based on the discussions of the meeting participants. This meeting will also be a venue for deciding upon the two options to carry forward for cost estimating (Task 5). Deliverable: • A Wood Debris Removal and Disposal/Reuse Options Memorandum will be prepared that will describe the range of alternatives, including the challenges associated with land ownership and site logistics, and a list of applicable permits with timelines and sequencing recommendations. Task 5. Cost Estimates for Removal and Disposal or Reuse Options Cost estimates will be prepared for the two most practicable wood debris removal and disposal or reuse options. The cost estimates will clearly state the assumptions and will identify any data gaps that add to the uncertainty of the estimates. Assumption: + County representatives will have provided input in Task 4 on the two desired options to carry forward. Deliverable: • No deliverable. As shown in schedule below the cost estimates will be incorporated into the draft report. Task 6. Prepare Report A draft and final report will be prepared that will describe all activities and outcomes of Phase I. The report will include information from the Wood Debris Assessment Memorandum and Wood Debris Removal and Disposal/Reuse Options Memorandum. The cost estimates will be provided in the report. Restoration actions and a monitoring strategy will also be included. Maps, field data sheets, chain -of -custody records, and laboratory reports will be included as Appendices. Assumption: • One round of synthesized comments will be provided on the draft report. Deliverables: • An electronic copy of the draft report will be provided in Microsoft Word for review and comment by the County. + Five hard copies and an electronic copy (pdf) will be provided to the County. Potential Additional Tasks Following implementation of Tasks 1-6, additional optional tasks may be pursued. Any additional work must be approved by all project partners prior to implementation. Examples of additional tasks include, but are not limited to the following: • Assessment of Lower Intertidal Surface Wood Debris Distribution • Summer Assessment of Upper Intertidal Surface Wood Debris Distribution • Collection of Baseline Data to Support Long -Term Monitoring Efforts • Permitting 95 EXHIBIT "B" Budget ClifFside Beach Wood Debris Removal Phase I Jurisdictions will be responsible for ensuring that adequate resources are available to implement Phase I of the Cliffside Beach Wood Debris removal project as described in the attached rate sheets. Whatcom County MRC and DNR funds expire June 30, 2007, whereas Ecology and PSAT funds expire December 31, 2007. Therefore, funding participants will be billed in the order and amount listed in the table below. Each jurisdiction commits to paying properly incurred and invoiced expenses as follows: Jurisdiction Fund Expiration Available Funds Phase 1 Billable Amount Whatcom Count /Whatcom County MRC 6/30/07 $25,000 $25,000 Department of Natural Resources 6/30/07 $10,000 $10,000 Puget Sound Action Team 12/31/07 $10,000 $10,000 Department of Ecology 12/31/07 $40,000 $15,000 Total: $85,000 $60,000 The cost for Phase I will not exceed $60,000. Upon completion of Phase I, the funding partners may choose to pursue additional project elements with the remaining budget ($25,000 from Ecology). This may be accomplished through a contract amendment or other mechanism. Any additional work must be approved by all project partners prior to implementation. a WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-125 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: z 2127107 Finance S. Blake tl6 _� _-_ , ;. ., '. Division Head: / L2 2127107 Council K. Christensen V _.. Dent. Head: - L U LK i7 Prosecutor: ]v_ ()2f1�J�0 ] D. Gibson .E�f' t,�a t'AT",r'V ��f^ �a....�t Yl` fly. �'v`c��1'yu�JOLN ! i C O U N L Purchasing/Budget: H.Bennett �� / f� P7 Eseculive: P. Kremen 020-0 �+ 9 TITLE OF DOCUMENT: Amendment No. 1 to Joint Funding Agreement with United States Geological Survey County Contract No. 200612016 ATTACHMENTS: 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.) In December 2006, an original agreement with USGS was approved for operation and maintenance of streamflow gaging station no. 12212430 at Bertrand Creek Tributary near H Street just south of the Canadian Border from January 1, 2007, through September 30, 2007. These gages are used to monitor the quantity and quality of water coming from Canada prior to being impacted by land uses and activities in Whatcom County. This information will be used to assist the BWID in directing management actions in the Bertrand Creek watershed. The fired costs of $3, 820.00 for the collection of air and water temperature data were inadvertently omitted by USGS in the original letter and agreement. The amendment provides for the inclusion of these fared costs and increases the contract from $11, 250.00 to $15, 070.00. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.wlratconr.wa.us/couy:cil. Amendment #1_Joint Funding Agreement—USGS 97 PW010107_08�M_USGSStreamflow Gage_Bertrand v 1.0 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDEL Administrato TO: FROM: RE: DATE: MEMORANDUM The Honorable Pete Kremen, County Executive and The Honorable Members of the Whatcom County Council STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whafcomcounty. us RECEIVED FEB 1 5 2007 PETE KREMEN COUNTY EXECUTIVE Kirk N. Christensen, PE, Stormwater Manager�v Amendment No. 1 to Joint Funding Agreement with United States Geological Survey County Contract No. 200612016 February 9, 2007 Enclosed are two (2) originals of Amendment No. 1 to the Joint Funding Agreement between Whatcom County and the United States Geological Survey (USGS) for your review and signature. Background and Purpose In December 2006, an original agreement with USGS was approved for operation and maintenance of streamflow gaging station no. 12212430 at Bertrand Creek Tributary near H Street just south of the Canadian Border from January 1, 2007, through September 30, 2007. These gages are used to monitor the quantity and quality of water coming from Canada prior to being impacted by land uses and activities in Whatcom County. This information will be used to assist the BWID in directing management actions in the Bertrand Creek watershed. The fixed costs of $3,820.00 for the collection of air and water temperature data were inadvertently omitted by USGS in the original letter and agreement. The amendment provides for the inclusion of these fixed costs and increases the contract from $11,250.00 to $15,070.00. ■ Funding Amount and Source The original portion of the agreement is funded by the 2006 Public Works budget, and additional funds requested under this amendment are covered by the Water Resources fund in the 2007 Public Works budget. Please contact Sue Blake at extension 50694, if you have any questions or concerns regarding the terms of this agreement. Enclosure Amendment #1 .Joint Funding Agreement—USGS 98 PW010107_O M_USGSStreamflow Gage_Bertrand v 1.0 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �� �a -2 / 9 Originating Department: Public Works - Stormwater Contact Person: Sue Blake, Senior Planner Contractor's Name: US Geological Survey Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes No X Yes X No If an Amendment, previous number(s):_200612016 Is this a renewal? Yes No X Contract Amount: (suns of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 11, 250. 00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $_3, 820.00 agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $ 15, 070.00 Scope of Services In December 2006, an original agreement with USGS was approved for operation and maintenance of streamflow gaging station no. 12212430 at Bertrand Creek Tributary near H Street just south of the Canadian Border from January 1, 2007, through September 30, 2007 These gages are used to monitor the quantity and quality of water coming from Canada prior to being impacted by land uses and activities in Whatcom County. This information will be used to assist the BWID in directing management actions in the Bertrand Creek watershed. The fixed costs of $3, 820.00 for the collection of air and water temperature data were inadvertently omitted by USGS in the original letter and agreement. The amendment provides for the inclusion of these fixed costs and increases the contract from $11, 250.00 to $15, 070.00. Nature of Contract Amt: (Check one) Fixed Amount _X_ Not to Exceed Open Ended _ Term of Contract: Expiration Date: September 30, 2007 Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: L-- 1. Prepared by: Remy Stratton 2. Attorney reviewed: Daniel L. Gibson 3. AS -Finance reviewed: 4. Corrections made:. 5. Attorney signofJ el L. Gibson 6. Contractor signed. j� 7. Submitted to Exec D ce 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed. 11. Contractor Original Returned to dept; 12. County Original to Council Date 212107 [electronic] Date 02/09/07 [electronic] Date ,�/isfa7 [electronic] Date [electronic] hard copy printed Date 02/09/07 Date 7041 Date A summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page Amendment #1_Joint Funding Agreement—USGS 99 PW010107_0&M_USGSStreamtlow Gage_Bertrand v 1.0 mad �da�� .;,,_!!JNTY ORIGINAL Form 9-1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement Customer #: WA088 Agreement #: 07W4WA8500 Project #: 97229EU TIN #: 916001383 Fixed Cost r r Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 15' day of JANUARY, 2007, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the County of Whatcom, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for operation and maintenance of USGS streamflow gage (Station No. 12212430) at Unnamed Tributary to Bertrand Creek near H Street near Lynden, Washington, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ N/A. by the party of the first part during the period (a) $0.0 JANUARY 1, 2007 to SEPTEMBER 30, 2007 by the party of the second part during the period (b) $15,070 JANUARY 1, 2007 to SEPTEMBER 30, 2007 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 100 The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered ANNUALLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Bob Kimbrough Address: USGS/WAWSC 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1608 Email: rakimbro@usgs.gov Signatures By&c;4LZ.,x&1 Date Z-U-04 Name: ? Cynthia Barton, Ph.D., L.G., L.H.G. Title: Director, USGS Washington Water Science Center By Date Name: Title: By Date Name: Title: Name of Customer Whatcom County Customer Point of Contact Name: Sue Blake Address:2011 Young St., Suitp- 201- Bellingham, WA 98225 Telephone: (360) 715-7450 Email: sblake@co.whatcom.wa.us Signatures By s e-e- eo+t . Date Name: Title: By Date Name: Title: By — Date Name: Title: 101 WHATCOM COUNTY: Recommended for Approval: w-a-M.-R(A Frank M. Abar t Date Public Works Aasist'anf Director A proved as to form: Daniel L. Gibson Date Sr. Deputy Civil Prosecuting Attorney Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 102 EXHIBIT A Agreement 07W4WA8500 Whatcom County/USGS Nooksack Basin Gaging Station Network January 1, 2007 to September 30, 2007 USGS Station No. 12212430 Unnamed Tributary to Bertrand Creek near H Street near Lynden Gaging Station Operation and maintenance (daily discharge) Water Temperature Air Temperature (unpublished) Real-time data (basic service) TOTAL Whatcom Coun USGS Total $9,540 $0 $9,540 $2,390 $0 $2,390 $1.430 $0 $1,430 1 710 _L0 $1,710 $15,070 $0 $15,070 103 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-126 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: �n Originator: MAC 1123107 Finance) COuIIull 1129107 Division Head: F :: `� il ?r ,7 Dept. Head: 07 Prosecutor: Z� Purchasin &d el: Executive: r / } n s� TITLkOFDO U ENT.• Whatcom County Housing Advisory Board Committee recommendations for funding and entering into contractsfrom 2060 Repair & Retention RFP 906--103. ATTACHMENTS: Memo to Executive SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a Bearing ? { ) Yes { X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT 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.) As required by the Substitute House Bill 2060, counties collect a document recording fee surcharge that is set aside to provide housing for very low-income persons. Approval by the County Council is requested for the authorization to fund and authorize the County Executive to enter into agreements for the expenditure of these funds with the Opportunity Council, Interfaith Coalition, and the Archdiocesan Housing Authority. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.usleouneil. g104 WHATCOM COUNTY Health Department 509 Girard Street Bellingham, WA 98225 MEMORANDUM Regina A. Delahunt Director RECEIVED FEB 15 2007 PETE KREMEN COUNTY EXECUTIVE TO: Pete Kr n, County Executive FROM: Regina Welahunt, Director RE: 2060 Repair & Retention RFP #06-103-2007 Allocations DATE: February 15, 2007 ■ Requested Action am requesting approval by the County Council for authorization to fund and enter into a contract with the agencies listed below. An Agenda Bill is attached. ■ Background and Purpose As required by the Substitute House Bill 2060, counties collect a document recording fee surcharge that is set aside to provide housing for very low-income persons. The funds are distributed into 3 areas: Operations, Repair and Retention, and Capitol projects. Information Five applications were submitted for 2007 Repair and Retention funding. Three were accepted for evaluation and two were denied because they did not meet RFP requirements. The Whatcom County Housing Advisory Committee has reviewed the applications for RFP #06-103. The Committee recommends the following funding be approved and requests authorization for the County Executive to enter into contracts with these 3 agencies. 1. $100,000 -opportunity Council Mobile Home repair and retention program. Repair and rehabilitation of 8-12 mobile homes on rented land through out Whatcom County. 2. $14,788 - Interfaith Coalition Upgrade bathroom and replace windows in the Interfaith Partnership House located at 1708 Harris. 3. $35,212 - Archdiocesan Housing Authority Replacement of Fire Alarm panel/system and windows at the Mt. Baker Apartments. You may contact Gary Williams at extension 30693, if you have any questions regarding these recommendations. Encl. Agenda Bill 105 WHATCOM COUNTY Housing Advisory Committee DATE: December 14, 2006 Action Requested: 2007 -2016 Repair & Retention RFP 06-103 funding recommendations from the Applicant Evaluation Committee (Gary Tomsic, Alan Aston. Gary WiWams) Whatcom County Housing Advisory Committee is asked to consider: Motion # 01. /12 /2006 Motion # Month Year Motion: 1. $100,000 Opportunity Council Mobile Home repair and retention program. Repairs and rehabilitation of 8-12 households in mobile homes on rented land through out Whatcom County 2. $14,788 Interfaith Coalition Upgrade bathroom and replace windows in the Interfaith Partnership House located at 1708 Harris. 3. *$35,212 Archdiocesan Housing Authority ($26.0641 Two projects at the Mt Baker Apts. 1# Replacement of Fire Alarm panel /system $7,000 2# Replacement of 57 single pane windows 19,064 * Committee recommended the additional allocation of $9,148 to the Archdiocesan original application of $26,064. This $9,148 in available with in the total RFP amount and there were no other applicant requests for this funding. Steve Powers presented updated inspection reports which question the viability of the entire fire alarm system at the Mt Baker Apts. The committee recommends the-Archdiocesan be allocated $35,212 with a priority to first repair and or replace the Mt Baker Apts. fire alarm system. Any remaining funding would be expedited to repair windows as funding allows. 2060 R&R funds could not be used for any other projects. Total Allocation $150,000 Passed by a vote (Yea j Nay )(absent (abstention I:IHSIWC14AC1Motions101.12.06 2007 2060 R&R Fund ing.doc 106 Attachment A - Cover Sheet & Certification RFP #06-103 2007 Veq Low Income Housing Funding Agency Name" — z � Contact Name David Finet Phone 360-734-5121 ext. 346 Fax 360-671-2753 R.maii dave finet@oppco.org Name of Signatory Authoriry `;Fc,->ti. t Title of Signatory Authority {h� Pf financial officer Contact Person (responsible for contract administration) Vicki Lippia t t Briefly describe the project to be funded. Include the program/project title, location, and a short 1-sentence description. Mobile home repair and rehabilitation. Repairs and rehabilitation for 8 to 12 households in mobile homes on rented land .throughout Whatcom County. Amount of funding requested lJ I )_ is this a local match for other funding? UNo ❑Yes Ifyes, amount of other funding $ _Funding Source 2) Is your agency State and Federal tax-exempt— 541(c)(3)? ❑No ElYes (Attach copy of IRS Determination.) 3) Is your organization a governmental agency? )? U90 FlYes 4) Is the agency financial management conducted in accordance with generally accepted accounting procedures? ❑No ®Yes 5) Does the agency have a regular financial audit or review with a certified public accountant? ❑No E]Yes. 6) Does your agency have a Board of Directors? E]NoZXYes If yes, please attach a current list. CERTIFICATION: I certify that the proposed program activities and services contained in this proposal have been designed in compliance with this Request for Proposal. A*.::�� _ C:a1Gti I1 96, (Signature of a h ized signer) ( ate) a. 501 Cs d C Est 107 y 1. Program/Project Description: Mobile Home Repair and Rehabilitation Program: x The purpos.e_of this program is.to provide minor repairs and rehabilitation to: 83 to 12 mobile homes owned by low-income householtl.s. The mobile homes targeted to be repaired are located on rented land throughout Whatcom County. These repairs will focus on durability, health and safety issues, and would include items such as repairs necessary to make a home accessible for a homeowner's disability, electrical and plumbing system repairs, water heater and furnace replacements, and installation of roofs. Each of the mobile homes that receive services through this program will also be weatherized by the Opportunity Council's Energy and Home Repair (E&HR) Program. Of the73;Bg.S"dwelling%units'in�Whatcom County; 11=:5'°10'(8,5^1?) are mobile- -: homes : according: to the:200.6,census. While it is not possible to identify how many of these mobile homes are occupied by very low-income owners residing in mobile home parks, it is generally accepted that a high percentage of mobile homes are occupied by very low-income individuals and families. G. iVdKtfiAt: 1-4.2010 of the population of Whatcom County is livit g,beiow..the poverty-fino-,Jt=:can i be safely -assumed that at leastthat many of the::mobile,. homes. are oecuVi'ed° by •Z'% very -low-income community. remembers. This would b6=A208 mobile homes. 12�8 Since 1 O'91-440 OC has. weatherized 435 mobile- lorries; which is 58 'of the total number of homes weatherized in this period. This would support the concept that many low-income individuals and families live in mobile homes. , %_� t Home repair services for individuals and families living in mobile home parks are , fo sf quite limited. For example, for homes located within the City of Bellingham, the City's CDB&funded Home Rehabilitation Progra.mAs "d to,fund rehabilitation serviceg: The Program uses a revolving loan fund to make deferred -payment loans that are secured with liens against the property that is being repaired. ,S These=el. erred-payment-ioat s will. not work for mblJile-Bornos=in homeow-ners-lease the. space,:fr•.om the park arid. the M-! Vlq homes thhernge' ,Iy � are: tlat>co.nsidefed real property. (They are titled like an automobile.) It is for this reason that mobile home repairs must be funded with grants, and not with loans. The Opportunity Council provides some repair and rehabilitation services throughout Whatcom County, excluding the area: w�tl�in c iy limits of the City of 1'y,4a, Bellingham. These`servieea are provided as grahtii4 $' ti 6 or less to mok lie 43 . home owners with incomes less than 30% of the area median income. 3 Mobile homes can deteriorate rapidly, especially from roof and plumbing leaks, and the units can quickly become uninhabitable. This proposed program will begin to fill the gap in services for repairs and rehabilitation for eligible owners of mobile homes within the city limits of Bellingham and in Whatcom County. It will ensure the health, safety, energy efficiency, and durability of dwellings for very Page 1 of 5 2060 Narrative 108 low-income mobile home owners who lack the resources to maintain their homes, thus maintaining one of the major housing stocks that is available and affordable to low-income community members. It will also help prevent homelessness by preserving this low-cost housing from further decay, making it safe, durable, and energy -efficient. The Opportunity Council and the City of Bellingham were initially going to both apply for the 2004 SHB2060 funds to operate two separate mobile home repair programs. In a collaborative effort, the two agencies got together to review the needs of the households, the types of work needed and the availability of resources, and decided to work together to develop one program that. would service both the City and the County. The::=Q:ppdrtbnity Council° '-has� co'moGeted 7. homes -using ,the 2005 2060 funds. A new contract for an additional 8 to 12 `�e..rnel�ad homes was started in July, 2006, with 3 homes currently PnrnllPri iritha 2QQQ program and an additional 10 eli2ible households identified and qualified for the 2,c*05 program. There are 41 households living in mobile homes on rented iand who are CPOe=o on a waiting list for the program Now that`�this prograam is up and :r[�nnJn. � tl e. 3 Opportunity Co:uncii anticipates completion .within the contract period. . 2�av� 2. Compliance with RCW 36.22.178 to This program complies with RCW 36.22.178. It proposes the rehabilitation of dwellings occupied by very low-income homeowners, with an expenditure of $15,000 or less. Reh-abititation will- include.-epafrs.to heating. systems-p.l.uiribing and:ele.ctrical-systems-, roofs, and other actin itibs that -mitigate h'aza d.o'ua conditions. Accessibility. -improvements for residents with:.dis.ab.iliti:es::,,m., .ay. also, b_&� performed through this- program. 3. Population served/Specific needs to be met Th:is,:pragram-wo.rrid serve::S-Ao 12 owners-ofmobile homes that are=located :on r.anted� land:throu.ghout Wheitcorn County, irkoluding>:withinAbe Gityl-. irrlits of ,pelling.ham. These individuals and families would be qualified as very low- income, with incomes less than 50% of the area median income adjusted for family size. Often these owners are elderly, disabled, or have special needs. These individuals and families would receive repair and rehabilitation services that would address health, safety, and durability problems in their mobile homes. When needed, repairs.will be made to make the mobile homes accessible and more functional for peflpie with limited physical abilities. In addition, they would also receive weatherization services, which increase the energy efficiency of their dwellings. The E&HR often is unable to provide weatherization services because the mobile homes need significant repairs prior to weatherization. Both the weatherization and repair and rehabilitation programs will be enhanced by this combination of weatherization and.2060 funds. One expectation of this program 3 Page 2 of 5 2060 Narrative 109 is that these mobile homes will remain in effective service for at least an additional ten years, if not longer. Typical repairs will include repairs to electrical systems, plumbing repairs, especially those that stop leaks, roof system repairs, heating system repairs and replacements and repairs or replacements of steps and landings.,Gost-.will-:not. exceed,$1.2;000?per unit, and'Will,be°directed tb. db addressing .imminent health and safety. problems and:durabiiity issues. , "' r tit•: y.ay :: t`{'e.'':. In order to assure that the 2060 funds are used for the intended purpose and do not serve to financially benefit an individual homeowner, each homeowner will be asked to sign a deferred payment agreement (Attachment 4). This agreement will commit each homeowner to repay the amount that was spent on their home of they sell their home during the five-year period following the completion of the work. This money would be repaid to the Opportunity Council, who will use it to assist another homeowner. The Opportunity Council will monitor the ownership of the assisted units for a period of. five years, and will make every attempt to recaptured funds if the assisted units are sold. The monitoring will be done via contacts with each household each year to find out if they are still living in the units. 5. Describe your agency The OC is a private, non-profit (501(c)3) Community Action Agency serving homeless and low-income families, children, seniors and people with disabilities. Our goal is to help people help themselves and move toward self-sufficiency. We offer a broad scope of services that range from those that address immediate and crisis -oriented needs (food, emergency shelter, eviction -prevention) to longer -term programs that promote self-sufficiency in our community, (early childhood education, home weatherization). Our programs work to create positive change, both in the lives of the people we serve and in the community. The OC has been operating a Home Repair and Rehabilitation Program since 1992 and a Weatherization/ Energy Efficiency Program since the mid 1970s. During this time, the skills and programs that effectively analyze mobile homes and provide weatherization and repair and rehabilitation services has continuously evolved. The OC Energy and Home Repair (E&HR) program has provided repairs and rehabilitation to approximately 80 mobile homes since 1992, and has weatherized hundreds of these dwellings. The E&HR has a trained staff of technicians, auditors, and quality control personnel, and has contacts and working relationships with contractors and material suppliers throughout Whatcom County. The E&HR has management systems in place to ensure that all eligibility criteria is met and documented and that homeowners receive cost- 4 Page 3 of 5 2060 Narrative 110 effective services in an efficient and timely manner. These systems have resulted in E&HR being recognized as an exemplary provider of services by the State of Washington, who manages and monitors the majority of contracts -that fund the weatherization) and home repair work. The proposed jobs would be scheduled to be completed within twelve months of signing a contract. The Opportunity Council E&HR Program will be responsible for providing the following services: Implementation of this project will be coordinated with the management team made up of Dave Finet, Program Director, John Davies, Program Manager, Vicki Lippiatt, Program Fiscal Manager and Tamara Rollins, Program Administrative Assistant. This program will operate under the general Policies and Procedures that are used for the current Home Repair Grant Program operated by E&HR. 6. Collaborative Efforts The Opportunity Council works actively with the City of Bellingham's Housing Rehabilitation Program to identify eligible households for this program. It is anticipated that 2 to 4 households would be residing within the Bellingham city limits. The staff of the City of Bellingham's Home Rehabilitation Program will be collaborating with the E&HR staff throughout this program. This collaboration will be for services within the City of Bellingham (see Attachment 2). This collaboration will help ensure that services are provided in the most efficient and effective manner in the City, using the E&HR's accumulated knowledge to provide rehabilitation, repairs and weatherization to owners of mobile homes. 7. Agency Financial Information See attachments for Audited Agency Financial Statement and an itemized current agency annual budget. "there are no anticipated funds that are contingent on receiving these 2060 funds. 8. Project Description A. Location: The households will be residing in mobile homes located on rented property throughout Whatcorn County. The Opportunity Council has identified 41 low-income households that meet program eligibility criteria. B. Retention as very low income housing: It is expected that 8 to 12 individuals or families will receive a combination of repair, rehabilitation and weatherization services on their mobile homes. 'these repairs should ensure that a unit will remain in effective service for at least an additional ten years, thus preserving affordable housing units that would most likely be lost due to deterioration. Effective service would indicate that health and safety measures have been 5 Page 4'of 5 2060 Narrative 111 addressed, and that durability has been increased. In addition, it also indicates that the unit will have enhanced energy performance and efficiencies that will last at least ten years. C. Unit size, rents, amenities: The unit sizes will vary, but are typically 2 to 4 bedrooms with 1 or 2 baths. Rents in Whatcom County in mobile home parks average $275 to $400 per month. Each household will also receive weatherization and energy education as' part of this program. D. Estimated current property values and values after rehabilitation: As a general rule, mobile homes do not have escalating property values. An estimate of average values for past mobile homes worked on by the Opportunity Council would show a range from $5,000 to $25,000. Post rehabilitation values are difficult to assess. The Opportunity Council assumes that 25% of the rehabilitation costs can be realized in increased value to each dwelling. Rehabilitation work is more likely to involve deferred maintenance, which doesn't add appreciably to increased properly values. E. Existing liens: Not applicable for this program. F: Anticipated financing for project: No additional financing is anticipated for the project. The Opportunity Council plans to target weatherization program funds it currently receives as a match to each household assisted. G. Project Timeline: This work would be completed within 12 months of contract signature. H. Post -program management: Opportunity Council staff will annually contact each homeowner for five years to ensure that the homeowners continue to reside in the unit. 6 112 Page 5 of 5 2060 Narrative Attachment C— Budget 2007 Very Low Income Housing Program APPLICANT Opportunity Council PROPOSED PROGRAM Mobile Home Repair & Rehabilitation Program Budget (not Agency) - January I, 2007 through December 31, 2007 4z DESCRIPTION'' A - County Funds Requested B - Other Grant/Loan Funding C- Program Income TOTAL 1 Salaries/Wages 2 Personnel Benefits 3 Office/Operating Supplies 4 Minor Equipment 5 Professional Services 6 Communications 7 Transportation 8 Advertising 9 Rentals 10 Insurance 11 Public Utilities 12 Repairs & Maintenance 13 Machinery & Equipment 14 Rehabilitation/Maintenance Program 905000 15 Agency Administration (Cannot exceed of 10% funding) 10 000 6,500 16 Other (Specify) 17 -WEATHERIZATION65 000 18 19 20 21 Project Total 100 , 000 71 500 1 171-7500 PROVIDE A DESCRIPTION OF EACH LINE ITEM ON A SEPARATE SHEET. 7 113 Attachment C-Budget Line Item Descriptions Line 14: $90,000, represents direct costs to rehabilitate and repair dwelling units Line 15: $10,000 and $6,500: represents costs to administer programs Line 17: $65,000, represents costs to weatherize dwelling units r� 114 Attachment F : Evidence of federal and state tax exempt status 115 Page 36 -2- Opportunity Council 91-0787820 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charg� for three years after the due date of the return. if your organization had a copy of its application for recognition of exemption on July 15, 1967, it is also required to make available for public inspection a copy c the exemption application, any supporting documents and the exemption letter to any individual who reques- such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies -of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Because this letter could help resolve any questions about your organization's exempt status and foundatior status, you should keep it with the organization's permanent records. If you have any questions, please call us at the.telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely, �qu� John.E; Ricketts, Director, TEIGE Customer Account Services 10 116 Internal Revenue Service ate: December 9, 2000 Opportunity Council 314 E. Holly St. Bellingham, WA 98225 Dear Sir or Madam: Department of the Treasury page 35 P. 0. Box 2508 Cincinnati, OH 45201 Person to Contact: Linda A. Hill 31-01768 Customer Service Representative Toll Free Telephone Number: 8:00 a.m. to 8:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 31-05366 54 This is in response to the amendment to your organization's Articles of incorporation filed with the state on October 22, 1996. We have updated our records to reflect the name and address change as indicated above. Our records indicate that a determination letter issued in December 1977 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. — �d on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. if a return is required; it must be Filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is fled late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Drganizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the erode. However, these organizations are not automatically exempt from other federal excise taxes. ;i -i may deductcontributions to ycFur organization as provided in section 170 of the Code. Bequests, ?gacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and ift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. 117 Attachment 2: Opportunity Council Board of Directors 12 118 f _Y-W �W_Wr DIJjJOI�uGounntt Board of Directors Cii September 2006 Joan Beardsley 2117 Ontario St. Bellingham, WA 98229 Phone: (360) 676-9446 E-mail: joanbeardsley@comcast.net Sector: Public (appointed 1/06) Laura Cardinal 1125 22nd Street Bellingham, WA 98225 Phone: (360) 756-1189 Email: findlaura2001 @yahoo.com Sector: Low -Income (5/05) Laurie Caskey -Schreiber County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: 650-3610 Email: lcaskeys@co.whatcom.wa. us Sector: Public (appointed 1/06) Judi Edwards Vice President P. O. Box 28397 Bellingham, WA 98228 Phone: (360) 303-0487 Email: jedwards@syscongrp.com Sector: Private (2/04) Sharon Grier 1128 l4th Street Bellingham, WA 98225 Phone: (360) 733-0063 Email: griers@earthlink.net Sector: Low -Income (10/05) Lee Grochmal Secretary 1714 Euclid Avenue Bellingham, WA 98226 Phone: (360) 676-6670 Fax: (360) 738-4552 Email: lgrochma@co.whatcom.wa.us Sector: Private (9/01) Tim McDonald Treasurer PO Box 5000 Coupeville, WA 98239 Phone: (360) 679-7352 Fax: (360) 679-7390 Email: timm@co.island.wa.us Sector: Public (appointed 1/98) John Manning P. O. Box 607 Friday Harbor, WA 98250 Phone: (360) 378- 474 Fax: (360) 378-7036 Email: johnmC&co.san juan.wa.us Sector: Public (appointed 4/05) Sheldon Satterthwaite 110 Unity Street Bellingham; WA 98225 Phone: (360) 734-8025 x232 Email: sheldons@theunityb,roup.com Sector: Private (07/06) Kim Schuster President 2202 36th Street Bellingham, WA 98229 Phone: (360) 676-6670 Email: kschuste@co.whatcom.us Sector: Low -Income (3/03) Tim Shea Past President P. O. B ox 433 Bellingham, WA 98227 Phone: (360) 384-8448 Email: tim.j.sheaL@conocophillips.com Sector: Private (5/02) Janet Smith 1960 Fraser # J 02 Bellingham, WA 98229 Phone: (360) 733-9653 Email: jellos4@yahoo.com Sector: Low -Income (12/03) Maria Vigil 5881 Cedar Place Ferndale, WA 98248 Phone: (360) 312-1370 Email: vigil.m@attbi.com Sector: Low -Income (11/01) 1�1 9 Attachment 3. Defferred Payment Agreement 1201c a human service agency IhNIOXX he C ppt ortuni unci� GD DEFFERRED PAYMENT AGREEMENT This agreement is voluntarily entered into between the Opportunity Council and the owner of a mobile home located at The serial number is I agree to the following items: 1) I will notify the Opportunity Council if I sell or rent out the mobile home identified above for a period of five years, beginning on and lasting until 2) If I sell or rent my mobile home during the period to , I agree to pay to the Opportunity Council the amount of $ , which is the amount that was spent by the Opportunity Council to rehabilitate the mobile home identified above. 3) I agree to respond annually to a written request from the Opportunity Council to verify that I still own and live in the mobile home identified above. 1 understand the terms of this agreement and voluntarily agree to abide by the terms of this agreement. Owner Owner Date Date ---A private nonprofit Community Action Agency working as a catalyst for positive change In our communities and the lives of low-income and disadvantaged people - serving Whatcom, Island, and San Juan Counties since 1965 Central Office - Whatcom County County I I 1 I Cornwall Ave, Suite C Bellingham, WA 98225 (360)734-5121 (800)649-5121 Fax: (360)676-2142 Web site: www.oppeo.org ?TY (800)833-6388 Island County 1791 NE I' Ave. P.O. Box 922 Oak Harbor, WA 98277 (360)679-6577 (800)317-5427 Fax: (360)679-2440 San Juan (800)649.5121 12t 15 EQUAL Ho[61NO orraerUNA 121 Attachment 4: Current Agency Budget 16 122 OPPORTUNITY COUNCIL FY 2006 BOARD APPROVED BUDGET Amou' ht Revenue Fees & Grants Gov't Agencies 9,366,632 Private and Foundation 2,742,676 Public Support 249,460 Other Income (inc. Fee for Svc) 893,521 Total Revenue 13,252,289 Expenses Salaries 4,271,762 Fringes and Taxes 1,186,320 Professional Services 1,120,498 Vehicle and Travel 243,682 Occupancy 311,984 Supplies 452,233 Printing and Copying 42,774 Advertising 12,737 Telephone & Communications 80,967 Postage 241768 Subscriptions & Membership 13,885 Repairs & related services 38,282 Taxes and Fees 28,914 Interest 76,209 Insurance 78,673 Program Expenses 2,912,274 Pass through Grants 2,111,608 Conferences & Training 46,046 Other 9,157 Subtotal Expenses 13,062,773 Loan Paydowns & Set -asides 189,516 Total Outlay 13,252,289 17 123 Attachment 5: Current Agency Audit 124 The Opportunity Council, Inc. Independent Auditor's Reports and Financial Statements with Supplemental Information December 31, 2005 MOSS DAMS LLPI g 125 C 9ITf Pl CO PU 3L IC ACC0U V TANTS THE OPPORTUNITY COUNCIL, INC. TABLE OF CONTENTS DECEMBER 31, 2005 PAGE INDEPENDENT AUDITOR'S REPORT........................................................................................................ 1-2 . FINANCIAL STATEMENTS Statement of Financial Position..............................................................................................................3 Statement of Activities and Changes in Net Assets................................................................................4 Statement of Functional Expenses........................................................... ............................... 5-6 Statementof Cash Flows........................................................................................................................7 Notes to Financial Statements........................................................................................................... 8-15 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GGVERNMENTAUDITINGSTANDARDS........................................................................................ 16-17 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133........................................................ 18-19 SCHEDULE OF FINDINGS AND QUESTIONED COSTS........................................................................... 20-21 SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS..................................................................................22 SUPPLEMENTAL INFORMATION Schedule of Expenditures of Federal Awards ...................................... .... 23-24 Notes to Schedule of Expenditures of Federal Awards ....................... ......25 20 126 MOSS CAMS LLP ollrol CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT To the Board of Directors The Opportunity Council, Inc. We have audited the accompanying statement of financial position of The Opportunity Council, Inc. as of December 31, 2005, and the related statements of activities and changes in net assets, functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of The Opportunity Council, Inc.'s management. Our responsibility is to express an opinion on these financial statements based on our audit. The prior year summarized information has been derived from The Opportunity Council, Inc.'s 2004 financial statements, and in our report dated April29, 2005, we expressed an unqualified opinion on those financial statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Stwidards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control over financial reporting. Accordingly, we express no such opinion. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The Opportunity Council, Inc. as of December 31, 2005 and the changes in its net assets and cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report, dated May 11, 2006 on our consideration of The Opportunity Council, Inc.'s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grapt agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. 21 l�iu 7� _= Fc6':i l•;p Inl-_'nGlira�'.l v, .+,x:r:al:ci; a+rtCeur-.ur,grp 127 liar •::in Sri MOSS ]AMS LLP m rO Our audit was performed for the purpose of forming an opinion on the financial statements of The Opportunity Council, Inc. taken as awhole. The accompanying schedule of expenditures of federal awards is not required part of the financial statements, but is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A-133, Audits of StatesJocal Governments and Non -Profit Organizations. Such information has been subjected to the procedures applied in the audit of the financial statements and, in our opinion, is fairly presented in all material respects in relation to the financial statements taken as a whole. ,; �� d4t,4, I'G45, Bellingham, Washington May 11, 2006 128 THE OPPORTUNITY COUNCIL, INC. STATEMENT OF FINANCIAL, POSITION DECEM13ER 31, 2005 WFM COMPARATIVE TOTALS FOR DECEMBER 31, 2004 ASSETS CASH AND CASH EQUIVALENTS 2005 2004 Undesignated $ 760,806 $ 395,518 Designated/restricted 11,375 56,180 INVESTMENTS Undesignated 1,973,985 2,167,161 Des ignated/restricted 65,000 — RECEIVABLES Due from granting agencies 922,128 785,151 Home loans 1,629,218 1,538,483 Other 254,075 181,054 PREPAID EXPENSE AND INVENTORY 87,510 73,081 PROPERTY AND EQUIPMENT, net 4,204,543 4,362,041 TOTAL ASSETS $ 9,908,640 $ 9,558,669 LL4BILITIES AND NET ASSETS Trade payables $ 1,020,579 $ 495,454 Payroll related payables 461,151 460,520 Revolving loans payable 163,708 90,564 Deferred revenue 2,135,147 2,546,205 Tenant deposits 11,700 13,781 Long -terns debt 3,334,586 3,346,102 Due to funding agencies 1,629,218 1,538,483 Total liabilities 8,756,089 8,491,109 NET ASSETS Unrestricted and unreserved net assets 915,212 921,744 Unrestricted net assets, Board reserved 76,375 56,180 Temporarily restricted net assets 160,964 89,636 Total net assets 1,152,551 1,067,560 TOTAL LIABILITIES AND NET ASSETS $ 9,908,640 $ 9,558,669 23 See accompanying77otes to these financial statements. - 129 PUBLIC SUPPORT AND REVENUES Grants from governmental agencies and others Public support, fees, and other income In -kind Investment income Total public support and revenues NET ASSETS RELEASED FROM RESTRICTIONS Satisfaction of program restrictions EXPENSES Program expenses Energy and home repair services Early childhood opportunities Energy program Community services Island County programs Children's services Total program expenses Supporting services Management and general Other administrative supporting services Total expenses CHANGES IN NET ASSETS NET ASSETS, beginning of year NET ASSETS, end of year THE OPPORTUNITY COUNCIL, INC. STATEMENT OF ACTIVITIES AND CHANGES IN NET ASSETS YEAR ENDED DECEMBER 31, 2005 WITH COMPARATIVE TOTALS FOR THE YEAR ENDED DECEMBER 31, 2004 Temporarily Unrestricted Restricted Total '7nAC InM $ 12,573,733 $ — $ 12,573,733 $ 10,017,365 1,208,939 199,809 1,408,748 1,168,339 483,194 — 483,194 473,951 46,159 — 46,159 5,332 14,312,025 199,809 14,511,834 11,664,987 128,481 (128,481) 3,465,229 - 3,465,229 3,251,007 3,159,446 — 3,159,446 3,300,556 2,894,979 — 2,894,979 493,336 2,009,487 — 2,009,487 1,532,937 795,372 — 795,372 825,894 529,888 — 529,888 517,737 12,854,401 — 12,854,401 9,921,467 1,115,250 — 1,115,250 1,124,164 457,192 — 457,192 646,736 14,426,843 — 14,426,843 11,692,367 13,663 71,328 84,991 (27,380) 977,924 89,636 1,067,560 1,094,940 $ 991,587 $ 160,964 $ 1,152,551 $ 1,067,560 24 See accompanying notes to these financial statements. 130 Vv) er Lu F O M C% CT 00 n to - n 00 ON Q M M= m n N 0 O� v [V ^ V] Q n CD I�r M N DO O � O� V � "OVn G 'O o — Oo 00 rM'7 0M0 OnO lD V Q Cl G tfi� 0 H c�i N O% CN ^ N M w CT Q as O O oo N - CT -- 00 M n w M CT � to tD � M en V to =o@).2 N�00tn�Q co Va �x= �0 0 > m U� M M N N z OLrw U n 00 o to to N N N V CV' m W tro oe M00 WnM o,N%0N00 t- M n ^,� A vn O. cs c v O O oo [V v N M 0o C% zO A z U ra zna GIs z O O •-' Cr CT Q N w C% N �r -' O+ m n M N V O, N n C% wm� �r I'D cn v to M O, O N 00 Q CT n CO n N v-i \C oo O N oo v-i oo n M M rq 7 vi O vl �p M O oa — C> 00 Cn M N N M ^. 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M n o V- M N tQ 14D M N CO 00 v .n .� -• M �D �D -: ";T� o0 oo � �0 n oa %D � - 00 � O �d �^ U N hq A N O� O� f V M w C� � O� O CD wN Zr O� = 00 M to I'D C oO w n 00 �D wM C� �o O% — C M •-- 00 �+l Q �• •-• N Z N N l m M N [L m V) 69 L) W -� En on v n p cva v 5 V] aL+ Q. c .o c w pT L7� 3 .V bA a�0 U v V En cn Oh IVU D •p ca m 0 v '� 2 cy a) m C . ' V) R.Gcya a� L� W ramie T O .Lf p U LZ c7C Cy ^� a C rq y m A O a n c� co � V Vr 64 C,, d C4 00 � N et v v N v N I n N O� n I � V 69 a kn N 69 C4 O. o N ll: 00 N 69 N v E-' o O ZL. z U � 4 W �z wo >o Fz Q Q F E�- �z Z Q GG A .0 a° F Q 113� THE OPPORTUNITY COUNCIL, INC. STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 2005 WITH COMPARATivE TOTALS FOR THE YEAR ENDED DECEVIBER 31, 2004 Net Increase (Decrease) in Cash and Cash Equivalents 2005 2004 CASH FLOWS FROM OPERATING ACTIVITIES Increase (decrease) in net assets $ 84,991 $ (27,380) Adjustments to reconcile to net cash used by operating activities Depreciation 257,357 259,333 (Gain) loss on sale of assets 7,990 (105,065) Changes in operating assets and liabilities Receivables (209,998) (155,222) Home loans receivable (90,735) 37,628 Due to funding agency 90,735 (37,628) Prepaid expenses and inventory (14,429) 16,497 Accrued interest for Partnership House 10,044 18,943 Payables and accruals 596,819 260,094 Deferred revenue (411,058) 2,433,706 Net cash flows from operating activities 321,716 2,700,906 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of buildings and equipment (99,860) (92,395) Proceeds from sale of assets - 13,443 Investment purchases/proceeds 120,186 (2,165,054) Net cash flows from investing activities 20,326 (2,244,006} CASH FLOWS FROM FINANCING ACTIVITIES .Payment of notes payable and line of credit (604,300) (118,91.1) Proceeds from debt and line of credit 582,741 - Net cash flows from financing activities (21,559) (118r911 NET CHANGE IN CASH AND CASH EQUIVALENTS 320,483 337,989 CASH AND CASH EQUIVALENTS, beginning of year 451,698 113,709 CASH AND CASH EQUIVALENTS, end of year $ 772,181 $ 451,698 UNDESIGNATED CASH, end of year $ 760,806 $ 395,518 DESIGNATED/RESTRICTED CASH, end of year 11,375 56,180 $ 772,181 $ 451,698 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION Cash paid during the period for interest $ 80,309 $ 89,999 NON -CASH TRANSACTIONS Disposal of I Street property $ - $ 301,643 Reduction of debt as a result of disposition of I Street property $ - $ (406,708) ' 27 See accomprnrying notes to these financial statements. 133 THE OPPORTUNITY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS DECEMRER 31, 2005 NOTE 1 — DESCRIPTION OF OPERATIONS The Opportunity Council, Inc. (the "Council" or the "Organization") is a not -for -profit corporation incorporated in the State of Washington on November 5, 1965. The Council functions as a Community Action Agency in conformity with the Economic Opportunity Act of 1964 and the Community Services Act of 1974. Principal operations of the Council consist of administration of government and community -funded programs directed toward economic betterment of low income, minority, and disadvantaged persons. The Council's major program activities include early childhood education, childcare and family resources, community services and referrals, emergency and transitional housing, energy assistance, and weatherization and housing rehab services. The Organization operates in Whatcom, San Juan, and Island Counties of Washington State. The majority of the Council's revenues are derived from government grantor agencies and other not -for -profit entities. NOTE 2 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Accounting — The financial statements of the Organization have been prepared on the accrual basis of accounting. The Organization reports in accordance with the A1CPA Audit and Accounting Guide, Not -for -Profit Organizations. Basis of Presentation -- Financial statement presentation follows the recommendations of the Financial Accounting Standards Board in its Statement of Financial Accounting Standards (SFAS) No. 117, Financial Statements of Not -for -Profit Organizations. Under SFAS No. 117, the Organization is required to report information regarding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net assets, and pennanently restricted net assets, based on the existence and nature of donor -imposed restrictions. At December 31, 2005 and 2004, the Council had no net assets that -were permanently restricted. Comparative FinancialIgformation —The financial statements include certain prior year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Organization's financial statements for the year ended December 31, 2004, from which the summarized information was derived. Use of Estimates -- The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results could differ from those estimates. Cash and Cash Equivalents — For purposes of the statement of cash flows, all highly liquid investments with original maturities of three months or less are considered to be cash equivalents. Receivables --- Receivables are primarily from government agencies or government fee -for -service contracts and are considered fully collectible. Home Loans and Due to Funding Agencies — As discussed further in Note 12, the Council records loans to homeowners and offsetting liabilities to funding agencies at the face amount of the loans. 4§4 THE OPPORTUNITY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE 2 — SummARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) .Inventory — Inventory consists of weatherization materials and is stated at the average unit cost of items in stock. .Investments — The Council carries investments at their market values in the Statement of Financial Position. Unrealized gains and losses are included in the change in unrestricted net assets in the accompanying Statement of Activities. Investments consist of government securities and certificates of deposit at December 3 I, 2005. Property and Equipment — Property and equipment are recorded at cost or, if acquired as a donation, at the estimated fair value at the date donated. Depreciation is provided using the straight-line method over the estimated useful lives of the individual assets. The Council capitalizes new assets and expenditures that extend the productive Iife of an asset costing over $5,000. Repair and maintenance expenditures, which do not extend productive Iives, are expensed as incurred. Deferred Revenue — The Organization recognizes deferred revenue to the extent cash receipts from government grants exceed program expenditures. Revenue Recognition — Revenue is reported in the statement of activities in the period in which the revenue is earned. Temporarily Restricted Resources — This category accounts for resources subject to donor -imposed restrictions, which either expire with the passage of time or are ultimately fulfilled by the Council. When a donor restriction expires, either through the passage of time or when the purpose of the restriction is accomplished, temporarily restricted net assets are. reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Expense Allocation — The costs of providing various programs and other activities have been summarized on a functional basis in the Statement of Activities and in the Statement of Functional Expenses. Accordingly, costs are allocated between programs and supporting services based on the relative benefits received. Federal Income Tax-- The Organization is exempt from federal income tax on all income derived from activities related to its tax-exempt purposes under Section 501(c)(3) of the Internal Revenue Code. However, the Organization may be subject to taxation on unrelated business income. Unrelated business income for the years ended December 31, 2005 and 2004 is not believed to be material. Program Administrative Expenses in the Statement of Functional Expenses — In order to ease the reconciliation process between the Council's financial information presented in the annual Indirect Cost Proposal and the audited financial statements, the Department of Health and Human Services has requested that the Council present all program administrative expenses incurred within the Council's individual programs separately from the program expenses that have been charged directly to the grants and contracts for each program. These administrative costs include, but are not restricted to, salaries for administrative staff, printing, copying, and other expenses that were incurred by programs but benefited many grants and contracts. 29 135 THE OPPORTUNITY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE 3 — RESTRICTEDIDESIGNATED CASH AND INVESTMENTS Amounts restricted or designated in separate accounts are as follows: Facilities Reserve Dorothy Place future funds Tenant security deposits Apartment complex reserves Investments consist of the following: U.S. Government securities Certificates of deposit Equity securities Investment income consists of the following: Interest income Net realized and unrealized losses NOTE 4 — PROPERTY AND EQuI_PMENT Property and equipment are as follows: Land Buildings Leasehold improvements Equipment and furnishings Vehicles Accumulated depreciation Balance December 31, 2004 nAric n A A A S 50,000 $ — 15,000 I3,823 11,365 14,021 — 28,336 $ 76,365 $ 56,180 2005 2004 $ 1,195,125 $ 1,239,018 843,860 924,000 — 4,143 $ 2,038,985 $ 2,167,161 2005 2004 $ 54,149 $ 8,710 (7,990) (3,378) $ 46,159 $ 5,332 Balance December 31, Additions Disposals '2005 $ 683,113 $ — $ — $ 683,113 3,922,245 — — 3,922,245 129,372 -- — 129,3 72 450,152 9,942 — 460,094 441,321 89,917 — 531,238 (1,264,162} (257,357} — (1,521,519) $ 4,362,041 (157,498) $ — $ 4,204,543 3 0136 THE OPPORTUMTY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31., 2005 NOTE 5 — LONGTERM DEBT 2005 2004 Vehicle Loans: Notes payable to two lenders dated August 9, 2000 through December 24, 2002, payable in aggregate installments of$2,173, including interest ranging from 7.25% to 10.5%, due November 10, 2003 through October 14, 2006, collateralized by purchased vehicles and right -of -setoff on agency accounts. $ — $ 13,653 Notes payable to two lenders dated March 23, 2005 and October 14, 2005, payable in aggregate installments of $1,112, including interest ranging from 0.00% to 8.50%, due April 18, 2008 through October 14, 2008, collateralized by purchased vehicles and right -of -setoff on agency accounts. 31,623 — Real Estate Loans: Bank Mortgage payable, secured by land and building located at 1111 Cornwall Avenue, payable in monthly installments of $9,538, including interest at 5.75%, due September 1, 2023 subject to a call option on September 1, 2013. 1,263,696 1,303,226 Dorothy Place Apartments: Recoverable grant payable to State of Washington, secured by Deed of Trust for Dorothy Place Apartments and Promissory Note, includes covenant running with the land for 50 year low- income housing commitment period. The note is to be forgiven at the maturity date of June 30, 2048. 1,000,000 1,000,000 Two notes originating from federal funds, and payable to City of Bellingham, without interest, secured by Deed of Trust, 20 year covenant to restricted use expiring December 2018. Due in full upon sale, change of use, or on February 1, 2047. 579,226 579,226 Note payable to City of Bellingham, without interest, secured by Deed of Trust, due in full upon sale, change of use, or on February 1, 2047. 100,000 100,000 Note originating from federal funds, and payable to City of Bellingham, without interest, secured by Deed of Trust, due in full upon sale, change of use, or on February 1, 2047. 25,000 25,000 Balance carried forward $ 2.999,545 $ 3,021,105 - 31137 THE OPPORTUNITY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE 5 — LONGTERM DEBT (Continued) 2005 2004 Balance brought forward $ 2,999,545 $ 3,021,105 Partnership House Apartments: Note originating from federal funds, and payable to City of Bellingham, accruing interest at 4% compounded annually, secured by real property and improvements, due and payable only upon the sale, transfer, or change in use of the related property. 145,000 145,000 Accrued interest on above City of Be] [in -ham note. 116,136 106,092 Note originating from federal funds, and payable to City of Bellingham, without interest, secured by Deed of Trust, 5 year covenant to restrict use expiring October 2002. Due in full upon sale, change of use, or on October 1, 2047. 3,854 3,854 Opportunity House Apartments: Note originating from federal funds, and payable to City of Bellingham, without interest, secured by Mortgage, due in full upon sale or other transfer or if the properly ceases to be used for emergency housing. 48,338 48,338 Note originating from federal funds, and payable to City of Bellingham, without interest, secured by Deed of Trust, 20 year covenant to restrict use expiring January 2019. Due in full upon sale, change of use, or on January 21, 2049. 21,713 21,713 Total long-term debt $ 3,334,586 $ 3,346,102 Long-term debt is estimated to mature as follows: 2006 $ 5.4,076 2007 57,044 2008 53,845 2009 49,872 2010 52,857 Thereafter 3,066,892 Total $ 3,334,586 NOTE 6 --LINE OF CREDIT The Council has a-$350,000 line of credit available with an area bank, secured by the Council's receivables, deposit accounts, and equipment. The terms provide for monthly interest payments at the bank's prime rate plus 1 % per annum. At December 31, 2005 and 2004, no balances were outstanding on the line of credit. 32 138 THE OPPORTUIVTTY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS . DECEMBER 31, 2005 NOTE 7 — CONTRIBUTED MATERIALS AND SERVICES Under the provisions of generally accepted accounting principles, contributed materials and services must enhance nonfinancial assets or possess all of the following characteristics before such contributed materials and services can be recognized in the financial statements. (a) The materials and services would typically need to be purchased bythe Council ifthey had not been provided by the contribution. (b) The contributed services require specialized skills and are provided by individuals with those skills. In -kind contributions included in the financial statements are as follow: Rental space Supplies Consulting -services 2005 2004 $ 277,592 $ 296,380 3,540 4,586 202,062 172,985 $ 483,194 $ 473,951 Management has estimated the fair value of other contributed services not meeting the requirements for recognition in the accompanying financial statements at $I60,019 and $144,573 for the years ended December 31, 2005 and 2004, respectively. NOTE 8 — OPERATING LEASE COMMITMENTS The Council leases equipment and facilities from various parties under operating leases of varying terms. These leases require monthly payments ranging from $10 to $6,263, plus all costs of maintenance, utilities, and taxes. Approximate future minimum rental payments under operating leases at December 31, 2005 are as follows: Amount Year ending December 31, 2006 $ . I62,395 Thereafter 18,029 Total minimum lease payments $ 180,424 Total lease payments on all operating leases were $168,313 and $148,810 in 2005 and 2004, respectively. 33 139 THE OPPORTUNITY COUNCIL, INC. NOTES To FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE 9 — RETIREMENT PLANS The Council sponsors a qualified defined contribution retirement plan. All employees are eligible to participate in the plan and may contribute up to 20% of their annual -compensation. After one year of employment, the Council also contributes an amount equal to 3% of the compensation of all eligible employees to the Plan. The Council recorded retirement plan expense of $100,819 and $110,751 for the years 2005 and 2004, respectively. NOTE 10 — SUPPORT FROM GOVERNMENTAL UNITS The Organization receives a substantial portion of its support directly from the federal and state governments. A significant reduction in the level of this support, if this were to occur, may have a significant effect on the Organization's programs and activities. NOTE 11 — COMMITMENTS AND CONTINGENCIES Grant funded Property and Equipment — Property and equipment acquired in conjunction with grant programs are recorded as unrestricted net assets in the accompanying financial statements. Grantors have, in many cases, placed restrictions on the Council's disposition of such assets. These restrictions may include a requirement that the Council obtains express approval for the sale or disposition of the asset or that the grantor may require that any proceeds from the sale of such assets be returned to the granting agency. At the granting agency's option, the Council may be permitted to apply the proceeds from the sale of a program asset toward other program expenditures or may demand repayment. A significant portion of the Council's equipment is subject to such restrictions. NOTE 12 — ROME LOANS RECEIVABLE AND DUE TO FUNDING AGENCIES The Council periodically receives proceeds under certain agreements with state and other agencies that require repayment in a future period. The proceeds are then used primarily to make home rehabilitation loans to low income homeowners. In accordance with generally accepted accounting principles, the transactions are presented as loans receivable and associated liabilities to the funding agencies in these financial statements. New loans issued totaled $292,314 for 2005, and $110,666 in 2004, and repayments on existing loans totaled $201,579 in 2005 and $148,294 in 2004. The loans are secured by deeds of trust on the homeowners' residences, and require repayment under varying terms of up to 30 years, or when the subject property is sold or when the use is changed from single-family residential use. Since loans are secured, management has not established an allowance for uncollectible accounts. As the loans are collected, the underlying agreements with the funding agency require the proceeds be reloaned for other eligible projects, or returned to the state. In any event, all assets remaining from these projects are due back to the state atthe conclusion of the project periods, beginning in 2024. 34 140 THE OPPORTUNITY COUNCIL, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 NOTE 12 — HOME LOANS RECEIVABLE AND DUE TO FUNDING AGENCIES (Continued) Total loans outstanding and related payables to funding agencies at December 31, 2005 and 2004 are detailed as follows: 2005 2004 State of Washington Minor Home Repairs 1999 through 2002 $ 638,792 $ 707,272 Home Program 1997 through 1999 237,269 335,777 Home Program 2003 163,981 — Home Program 2002 93,158 — Home Program 1996 91,952 . 106,206 Home Program 1995 84,656 70,402 HTF Revolving Fund 8I,275 60,354 Home Program 1998 67,664 87,991 Rural Housing Assistance Program 1992 65,590 65,590 Home Investment Partnership Program 2003 19,960 19,960 Home Program 1994 7,183 7,183 Total State of Washington 1,551,470 1,460,735 City of Bellingham 77,748 77,748 Total $ 1,629,219 $ 1,538,483 35 141 MOSS ADAA41S LLP rdfll`f CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH Go VERNMENTAuDITING STANDARDS To the Board of Directors The Opportunity Council, Inc. We have audited the financial statements of The Opportunity Council, Inc. as of and for the year ended December 31, 2005, and have issued our report thereon dated May 11, 2006. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in GovemmentAuditing Standards, issued by the Comptroller General of the United States. INTERNAL CONTROL OVER FINANCIAL REPORTING In planning and performing our audit, we considered The Opportunity Council, Inc.'s internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. COMPLIANCE AND OTHER MATTERS As part of obtaining reasonable assurance about whether The Opportunity Council, Inc.'s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing, an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of The Opportunity Council, Inc. in a separate letter dated May 11, 2006. iti I» FII1Q@I a teku,rAs Rprdanrl Inml na;16,1;. rll: :l'�SR[I ll:�ll rr Il ?P,1+U•?r }' l -I:I:fII Illl�nr_I III1'.1 F' 1rA,,r�, Iv,;' 36142 Inl: rrr:ral DOSS -ADAMS LLP mr° This report is intended solely for the information and use of the Board of Directors, management, federal awarding agencies, and pass through entities and is not intended to be and should not be used by anyone other than these specified parties. yd4v�-- L G 'Ot::7 Bellingham, Washington May 11, 2006 37143 MOSS- T LP CERTIFIED PUBLIC ACCOL:NTANTS INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH -OMB CIRCULAR A-133 To the Board of Directors The Opportunity Council, Inc. COMPLIANCE We have audited the compliance of The Opportunity Council, Inc. with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) CircularA-133 Compliance Supplement that are applicable to its major federal programs for the year ended December 31, 2005. The Opportunity Council, Inc.'s major programs are identified in the summaryof auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to its major federal pr agratms is the responsibility of The Opportunity Council, Inc.'s management. Our responsibility is to express an opinion on The Opportunity Council, Inc.'s compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizatioi s. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about The Opportunity Council, Inc.'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on The Opportunity Council, Inc.'s compliance with those requirements. In our opinion, The Opportunity Council, Inc. complied, in all material respects, with the requirements referred to above that are applicable to its major federal programs for the year ended December 31, 2005. INTERNAL CONTROL OVER COMPLL4NCE The management of The Opportunity Council, Inc. is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered The Opportunity Council, Inc.'s internal control over compliance with requirements that could have a direct and material effect on major federal programs in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. 144 O aC:;4ununn irrnl5 ihrfi!a �ieui�. a MOSS -ADA IS LLP I rol Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts, and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended for the information of the Board of Directors, management, federal awarding agencies, and pass through entities and is not intended to be and should not be used by anyone other than these specified parties. Be iingham, Washington May 11, 2006 39 145 THE OPPORTUNITY COUNCIL, INC. SCHEDULE OF FINDINGS AND QUESTIONED COSTS YEAR ENDED DECEM 3ER 31, 2005 I. SUMMARY OF AUDITOR'S RESULTS FINANCIAL STATEMENTS Type of auditor's report issued: Unqualified Internal control over financial reporting: ♦ Material weakness(es) identified? ❑ Yes ® No ♦ Reportable condition(s) identified that are not considered to be material weaknesses? ❑ Yes ® None reported Non-compliance material to financial statements noted? ❑ Yes ® No FEDERAL A WARDS Internal control over major programs: ♦ ' Material weakness(es) identified? ❑ Yes ® No ♦ Reportable cond ition(s) identified that are not considered to be material weakness(es)? ❑ Yes ® None reported Type of auditor's report issued on compliance for major programs: Unqualified Any audit findings disclosed that are required to be reported in accordance with section 510(a) of Circular A-133? ❑ Yes ® No .IDENTIFICATION OF MAJOR PROGRAMS CFDA Numbers Name of Federal Program or Cluster 93.600 Head Start 84.181A Early Intervention Program Dollar threshold used to distinguish between type A and type . B programs: $ 300.000 Auditee qualified as low -risk auditee? ® Yes ❑ No 1 � i THE OPPORTUNITY COUNCIL, INC. SCHEDULE OF FINDINGS AND QUESTIONED COSTS YEAR ENDED DECEMBER 31, 2.005 II. FINDINGS RELATED TO FINANCIAL STATEMENTS WHICH ARE REQUIRED TO BE REPORTED IN ACCORDANCE WITH GOVE&WENTA UDITING STANDARDS None III. FEDERAL AWARD FINDINGS AND QUESTIONED COSTS None 41 147 THE OPPORTUNITY COUNCIL, INC. SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS YEAR ENDED DECEMBER 3I, 2005 During the audit for the year ended December 31, 2004, no findings were reported. 148 SUPPLEMENTAL INFORMATION 43 149 OPPORTUNITY COUNCIL, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS YEAR ENDED DECEAIBER 31., 2005 Federal Federal Expenditures Federal Grantor/ Pass -through Grantor/Pro--ram or Cluster Tyge CFDA No. 2005 U.S. DEPARTMENT OF AGRICULTURE Direct Program Housing Preservation - Grant No 347125 10.433 61,200 Passed Through Stale of Washington Summer Food Service Pro -ram — Grant No 103095 10.558 4,691 Child/Adult Care Food Program — Grant No 168096 10.558 77,899 Child/Adult Care Food Program — Grant No 168095 10.558 48,941 Child/Adult Care Food Program. — Grant No 101095 10.558 I88,111 Basic Food Education - Grant No 219096 10.561 3,848 Basic Food Education - Grant No 219095 10.561 18,019 U.S. Department of Agriculture Total 402,709 U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT Passed Through State of Washington Emergency Shelter Grant Program — Grant No 275045 14.231 7,750 Emergency Shelter Grant Program — Grant No 275046 14.231 12,539 Emergency Shelter Grant Program — Grant No 256045 14.231 24,140 Emergency Shelter Grant Program — Grant No 256046 14.231 47,116 Supportive Housing. Program — Grant No 226035 14.235 32,406 Supportive Housing Program — Grant No 224065 14.235 42,608 Supportive Housing Program — Grant No 224066 14.235 44,256 Supportive Housing Program — Grant No 226036 14.235 96,910 Home Investment Partnership Program — Grant No 346096 14.239 5,334 Home Investment Partnership Program — Grant No 346095 14.239 29,941 Home Investment Partnership Program — Grant No 328124 14.239 317,142 Home Investment Partnership Program — Grant No 328125 14.239 438,461 Passed Through Whatcom County Whatcom County - Grant No 326127 14.228 9,221 Passed Through City of Bellingham Community Development Block Grant — Grant No 175125 14.218 25,000 Community Development Block Grant — Grant No 212125 14.218 29,600 Home Investment Partnership Program — Grant No 231126 14.239 53,933 Home Investment Partnership Program —Grant No 231125 14.239 11,774 Home Investment Partnership Program — Grant No 390066 14.239 11,893 Home Investment Partnership Program — Grant No 390065 14.239 13,870 Passed Through Bellingham Housing Authority Family Self -Sufficiency Program — Grant No 215096 _ 14.xxx 7,230 Family Self Sufficiency Program — Grant No 215095 14.xxx 28,585 U.S. Department of Housing & Urban Development Total 1,288,709 U.S. DEPARTMENT OF ENERGY Passed Through State of Washington Weatherization Assistance Program — Grant No 350/310035 81.042 109,518 Weatherization Assistance Program. — Grant No 350/310036 81.042 288,356 U.S. Department of Energy Total 397,874 Balance carried forward $ 2,089,292 See Notes to Schedule of Expenditures of Federal Awards. 4 f50 THE OPPORTUNITY COUNCIL, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS (CONTINUED) YEAR ENDED DECEMSER 31, 2005 Federal Federal Expenditures Federal Grantor/ Pass -through Grantor/Pro--ram or Cluster Type CFDA No. 2005 Balance brought forward $ 2,089,292 U. S. DEPARTMENT OF HEALTH & HUMAN SERVICES Direct Program Early Headstart _ Grant No 165085 93.600 252,505 Headstart/Early Headstart -- Grant No 160, 162, I65086 93.600 847,564 Headstart - Grant No 160 & 162085 93.600 1,182,302 Passed Through State of Washington Community Jobs -- Grant No 225066 93.558 61,183 Community Jobs — Grant No 225065 93.558 176,787 Low Income Home Energy Assistance — Weatherization — Grant No 314095 93.568 263,632 Low Income Home Energy Assistance — Grant No 280096 93.568 279,306 Low Income Home Energy Assistance — Grant No 280095 93.568 1,475,112 Community Services Block Grant — Grant No 920124 93.569 9,371 Community Services Block Grant — Grant No 920125 93.569 323,871 Child Care Nutrition Program —Grant No 128066 93.575 7,066 Child Care Nutrition Program — Grant No 128065 93.575 10,429 DSHS Resource & Referral — Grant No 109066 93.596 38,356 DSHS Resource & Referral — Grant No 109065 93.596 56,192 U. S. Department of Health & Human Services Total 4,983,676 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Direct Program- Americorps Vista — Grant No 952065 94.013 4,374 Americorps Vista — Grant No 952066 94.013 4,677 Corporation for National and Community Service Total 9,051 FEDERAL EMERGENCY MANAGEMENT AGENCY Direct Program FEMA — Grant No 218095 97.024 20,355 Federal Emergency Management Agency Total 20,355 U. S. DEPARTMENT OF EDUCATION Passed Through State of Washington Early Intervention Program —Grant No 120096 84.181 A 53,574 Early Intervention Program — Grant No 120095 84.181A 143,134 U. S. Department of Education Total 196,708 TOTAL EXPENDITURES OF FEDERAL AWARDS $ 7,299,082 See. Notes to Schedule of Expenditures of Federal Awards. 1�1 OPPORTUNITY COUNCIL, INC. NOTES TO SCHEDULE OF ExPENDITUREs OF FEDERAL AWARDS YEAR ENDED DECEMBER 31, 2005 NOTE 1— BASIS OF PRESENTATION The accompanying schedule of expenditures of federal awards includes the grant activity of The Opportunity Council, Inc. and is presented on the accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. NOTE 2 — PRIOR YEAR FEDERAL LOANS OUTSTANDING The Opportunity Council, Inc. has received mortgage loans in prior years passed through the City of Bellingham from the Department of Housing and Urban Development. The details of these mortgages are shown in Note 5 to the financial statements. These balances are not included in the Schedule of Federal Awards, but are summarized as follows: Home Investment Partnership Program, CFDA #14.239 Dorothy PIace Apartments 1604 I Street Apartments Opportunity House Apartments Partnership House Apartments Community Development BIock Grant, CFDA #14.218 Dorothy Place Apartments 16041 Street Apartments Opportunity House Apartments Partnership House Apartments 2005 2004 579,226 $ 579,226 21,713 21,713 3,854 3,854 $ 604,793 $ 604,793 $ 25,000 $ 25,000 48,338 48,338 145,000 145,000 $ 218,338 $ 218,338 1 92 . z Attachment A - Cover Sheet & Certification ,01 RFP #06-103 2007 Very Low Income Housing Funding Agency Name Contact Name Laura DeRose Phone (360) 734-3983 Fax (160) 7'34-1981 Name of Signatory Authority Title of Signatory Authority Executive Director Contact Person (responsible for contract administration) Email Laura DeRose Briefly describe the project to be funded. Include the program/project title, location, and a short 1-sentence description. Interfaith Partnership House, 1708 Harris Avenue in Bellingham. Upgrade inadequate bathroom and replace bedroom windows in house that provides 30-60 day shelter and case management services to homeless families. Amount of funding requested 01' �wU71 6 R�+ 1) Is this a Local match for other funding? []No JKYes If yes, amount of other funding $ 6,500 Funding SourceCommunity donations 2) Is your agency State and Federal tax-exempt — 501(c)(3)? ❑No Yes (Attach copy of IRS Determination.) 3) Is your organization a governmental agency? )? ZNo ❑Yes 4) Is the agency financial management conducted in accordance with generally accepted accounting procedures? []No KYes 5) Does the agency have a regular financial audit or review with a certified public accountant? ❑No ❑Yes We have an annual financial review with a qualified individual (MBA) and will have a CPA financial review at the nearest practical time. 6) Does your agency have a Board of Directors? ONo XYes If yes, please attach a current list. CERTIFICATION: I certify that the proposed program activities and services contained in this proposal have been designed in compliance with this Request for Proposal. ignature of authorized signer) (Date) 15 C.Tocuments and SettingsWl Users\DocumentsldocslHousing 20061RFP 06-103.2060 RR doc.doc 1153 I Interfaith Coalition Narrative for SHB 2060 Funding r � ` X 1. Program/Project description Interfaith Coalition is requesting SHB 2060 fields to pay the cost of renovating an inadequate bathroom and replacing upstairs windows in an Interfaith Partnership House; which -provides 30-to-60-day emergency housing for homeless families. This project is a partnership with Our Saviour's Lutheran Church, which owns the home, and Lydia Place, which -provides case management services. The single-family partnership house, which opened in April 2002, provides emergency shelter and case management services to six to eight families a year. It is part of the Interfaith Family Housing network of eight homes and apartments for homeless families in Whatcom County. 2. Describe how your project complies with the requirements of RCW 36.22.178. The home, located at 1708 Harris Avenue in Bellingham, is a three -bedroom, 1906 craftsmen house. Most everything in the home is original. Since the house has not had many significant ungrades in 100 years, it is in need of renovation. A recent thorough building inspection identified several major maintenance problems that need to be addressed to continue to make the home safe and livable for families. A variety of renovation projects are planned over the next year. Interfaith Coalition is requesting funds for two of the projects: to upgrade the only bathroom and rop,lace Old", 'iiid-o _in the':upstaizs°�bedroorns�.. .Ail pl iftibing andb�tYironzim` fixtures are origii�tal. `I'l ere is rioYa shb it ui.tfie:batlirobrn, which :creates. difficulties. for the clients who;:9fi6 i 'wtl a house. Iti addrt o ,the .plaster w lis,around the tub have soft spots and water, damage is suspected P6s4ihle darnage of Aht:exterior wall may.be present due to the p oxuri ty of the tub to the w47.J The windows _ ia,Wb•upstairs beckoorns are original and:dif$:cult t6. open in c'as;e dfan em-ergeney. we -are requesting funds to replace these windows with energy -efficient windows. Additional renovation in 2007 including a new roof, replacement of porch, painting and repairing sidewalks in planned. These costs will be covered through other fund raising. 3. What population will be served with this project and what specific needs will be met? Homeless women and their children are served at this T*00. fifthP'Ar#ei� gJdbuge, Large -fe,wili6s,and. fatnilie#,•w W toga boys are given pre Bence becausel third=011q, few optib 41 ,teen:boys. All o�the fia�n%li'es are very love-iriec#rte: `Nlosf'•farm)ies. ane,,osgep trg dorrlestic violewe: and have few, if any, possessions with them. The furnished partnership house provides rent-free, safe': anal comfy ka fs c lter or 3,0 f,0'. days to: -these fang.;when they need it mQst. During their stays, they will meet regularly f with a case manager from Lydia Place to work toward resolving personal issues and 6 finding employment and permanent housing. Acddiding°tb th&2002 aps.Analysis conducted-by;the -W.-hatdoi CoWityl o e ess° :Coalition;; on any given d"ay families-seeJdri sli"alter ' W At-6oin Courijy.�t!buld need 366. beds;-wrth-only 204.beds avai"la e. This house provide six beds for families a night and is able to provide shelter to large families and families with teen boys. 15:6 4. Describe the method that will be used to protect the public's interest by insuring the continued use of this property for very low-income families. How will the project be administered? Interfaith Coalition has been providing housing to homeless families since 1995. This home, owned by Our Saviour's Lutheran Church, became part of the Interfaith Family Housing network in April 2002. The church is conun tted`to a -ldrig ter n OartnersFlip aril has: -no plans -for a difforont use for the'home. The members of the congregation view the home as part of their outreach mission of service to people in need. Interfaith Coalition is the lead agency in this partnership and coordinates funding, contracts for case management services, and oversees the program. 5. Describe your agency. A. What is the mission of your agency? Interfaith Coalition is a partnership of 47 congregations in Whatcom County that combines financial and volunteer resources to provide basic necessities to local people in need. We focus our efforts on providing housing for homeless families, accessibility to health care for all, and meaningful social connections for senior neighbors at risk of loneliness and isolation. B & C. Describe the experience of your agency with this type of program and capacity to carry out this program. With the need for affordable housing becoming increasingly apparent, Interfaith Coalition formed a committee in November 1991 to determine how to address the problem of homelessness. After many meetings and public forums, the coalition decided to develop temporary housing for homeless families. On land purchased at the comer of Texas and Orleans streets in Bellingham in February 1993, Interfaith Coalition built a four -unit apartment building for transitional housing. With overwhelming support in the form of money, time and materials from 41 congregations, 55 businesses and countless individuals, the building, along with the upgrading of an existing single-family home for use as emergency shelter, was completed for about $30 a square foot. The first families moved into Interfaith Family Housing in July 1995. Through the years, Interfaith Coalition has remained committed to reducing homelessness in Whatcom County. In April 2002, the coalition piloted a new model for homeless housing. Through the cooperative effort of three partners -- Interfaith Coalition, as lead partner; Our Saviour's Lutheran Church, which offers its parish house for the project; and Lydia Place, which provides case management services -- Our Saviour's Partnership House was created to provide emergency shelter to families escaping domestic violence. An additional partnership house opened in October 2003, and in February 2006, a third partnership house opened. In all cases, significant construction and/or renovation was required to build or renovate the homes. Interfaith Coalition utilized volunteers when appropriate and hired skilled contractors as needed. 1 �5 D. Who will be responsible for implementing this project? Interfaith Coalition staff will supervise the renovation work. 6. Describe any collaborative efforts with other agencies. Interfaith's partnership houses are community based housing. The key partners in this house are: - Interfaith Coalition is the lead agency. They coordinate services between organizations, provide fundraising and pays bills, provide minor maintenance and lawn service, and recruit volunteers to assist in the program. - Lydia Place will screen families and provide case management services. - Our Saviour's Lutheran Church provides a home at a very reduced cost, assists with property maintenance and pays for home insurance. - Other member congregations and community groups provide volunteers to assist in maintenance projects and donate household items and furniture. 7. Agency Financial Information A. 2005 year-end financial statement is attached. B. Current 2006 annual budget is attached. 8. Describe project A. Address is 1708 Harris Avenue, Bellingham, Washington 98225. Owner is Our Saviour's Lutheran Church. B. -& C. A large single-family house with three bedrooms, one bathroom, full kitchen, laundry.. No rent will be charged. D. The home has an estimated property value of $250,000. After rehabilitation, the estimated value will'be $270,000. E. There are no liens and no money is owned on this property. F. A recent building inspection identified several major maintenance problems that need to be addressed to continue to make the home safe and livable for families. Our Saviour's Lutheran Church will be paying for the replacement of the roof and porch. Interfaith Coalition will purchase supplies and coordinate volunteers for painting projects and repair of sidewalk. We are requesting 2060 funds to renovate bathroom and replace bedroom windows. G. If we receive the 2060 funds the -renovation of the bathroom and replacement of wXnclev�s wild e am f i xn earlyg. of 2007 tha l go v 1.11 be. repla'ced,and s}iintne 2007 parntin other. projects will cbt� diuuat�d: H. After project completion, the proj ect will be managed like it is currently. Interfaith Coalition is the lead agency and Lydia Place will screen families and provide case management services. 9. Complete Budget Attachment C is attached. 156 Attachment C — Budget 2007 Very Low Income Housing Program APPLICANT Interfaith Coalition PROPOSED PROGRAM Interfaith Partnership House Renovation Program Budget (not Agency) - January 1, 2007 through December 31, 2007 5 a DESCRIPTION A- County Funds Requested B - Other Grant/Loan Funding C- Program Income TOTAL 1 Salaries/Wages 2 Personnel Benefits 3 Office/Operating Supplies 4 Minor Equipment 5 Professional Services 6 Communications 7 Transportation 8 Advertising 9 Rentals 10 Insurance 11 Public Utilities 12 Repairs & Maintenance $14,788 $5,000"19;7$8 13 Machinery & Equipment 14 Rehabilitation/Maintenance Program 15 Agency Administration (Cannot exceed of 10% funding) $1,500 $1,500 16 Other (Specify) 17 18 19 20 21 Project Total $14,788 $6,500 $21,288 PROVIDE A DESCRIPTION OF EACH LINE ITEM ON A SEPARATE SHEET. Bathroom renovation: $12,915. (see estimate) Window replacement: $1,873. (see estimate) Roof and porch replacement, paint, supplies: $5,000 Project coordination/administration: $1,500 18 C_1Documenls and Settings\All Users0ocumentsldocsWousing 20061RFP 06-103.2060 RR doc.doc 1%7 Scott Meacham Construction arras StreetBathroom Redo I Estimated Callotes — - Plumbing New -Tub $ 500.00 2 or 3 piece Fiberglas tub 150.00 countertop sink Use existing toilet — :Rough in plumbing ------ $ 1,204.00 --500.00 1r90o cast piping for sewer, new water lines Materials-- $ Ifor tub, sink toilet $ 1,000.00 Tear out to bare walls Tear out, Haul away Materials, rot replace $ 1,000.00 replace rot in walls, floor Electrical - - — - - - .._.. Rewire outlets, fan - $ ---- -- 750.00 -- --i--- - -- _- --- --- electrican time Materials $ 250.00 wire, fan, outlets, trim Ducting for fan $ 250.00 drop ceiling. Outief to side, exterior cover metal ._. ........ --- ------- Drywall Material, Itistall,Tape,Finish $ 2,000.04 sheetrock, lam texture orangepee! medium Painting----__- $ 540.00� labor and .----..._._ . _ ...-----------.__ _._._-----_.----- _----.— material, enamel paint for bathroom Cabinet for sinkk-30-36 inch $ 200.00 1whatever fits best- larger _ter — Install; formica countertop $ - 500.00 Sub total ---------•--------.___ �-$ P&O $ _8,800.00 - ,.- 150000 contractor P rofit and overhead S ub total 1 $ 10, 300.00• $ 865.20 -- -- current city rate 8.4% .. urren?..- ---... �---_ -�---...--------•---�---....--------- Sales Tax - _ 11,165.20 Total - $ $ 1,000.00 Plans drawn by designer- could be more -what city needs? Plans -drawn for permit City -permit $ 750.00 Plans drawn 77 1:2,915.2Q QIA-- C-0 -te, (,-: —ir L)Jlb o' Skt'kt�A CL 2 P 153 West Coast Windows Shower Enclosures Safes • Service *Installation Mirrors 3949 Hammer Dr. Windows corm. uc. w Beiiirlgnamr WA $9226 Skylights wESTCW'0700A (360) 671-2448 - 1-877- 671-2d48 , Pax, (360) 671- 98i 3 Doors ' J ''li � � 5� :��..: �V H�i.l v �� "ti-:h{ -raj+ 1'i � �'.y� �'r^ ��} . - YID'-IS��o: • _ _`•` '* � L �' + K' ti , �i:: Y .:}S'�v� 1: G� 4, 4 r,.; .r b i ,.s ,f ��+� � ,1.�"Y :� � I��,FE ', J: '1' l•• `I � '�i• .e��i� . .,, 4�'a� .Y.r,. � '. �,.� 1,'. 4 1 �; � �h,.�} .J✓� r,;• ' � �q �a , , �. y'r°„It 1:4�{N;oA:�aa,.,:±.d�,�;� I;,;i14t;%' :a�i�� r��.;�,h�+ � � y%'n� � ry, �..1 -_��',� ti 10-:J�,,. j�y .a � iti ru�,J �2 �Sv .��i2�'^'1�i�tiTi� 1.:�`'•,dJ;1,,,JhS:' .�i zi .. 5�\l -� � �' •Y '*"'i ��,�•c ilr Sj �,, S � -�1` [y� rC r �„v�.ti�l 41�f�i.; �S lA 5��fn �j 1 N S a ` �Ge;����i?_ 1.", 4 •R � Y �'ri'1ir , 3,r1 a :4 � `;�'.,y•= t �S C ";'{a'' r.ay5' 1 'A rs R ..e f c , � •+-, ¢ ,f � 1q t^�, �1 a:. `'tti„ .1. �l, ' � r°� , SI . �',4ti ' S S d ��. �, JI;�.'��, 7►'i�Y'�l� �. ?41' }r �.:'k: Y� • n'n . r.C.F��I ,:��}�f. i .V,y, ��{�r ,5:., i.e' �r. ,�' : r?�'-��' Date Customer Address_ -7:01+er- l city Prone 13V 3 fr'j 3 1 9-&-L-r:" Page of _ Job Si1E_ Address 70 city pe L c l tia v-k w A Zip- -- -- phone / We hereby submit specitieadons and estimate for, W C fti if "` Cr- 7314y V 318, 51W X {J2 All fapresentellans sn0 welraniles?nod% by the tnslaxlnq can vactarbw na lllele provided by thr praod02 inaAtrle6lurW Prtl rl salersspolslbillty of the 00rtka016f ertending tho +yarrent f. RUCI order caYefullyxilae anqupnl will he ahfppcd as ilatOd above unleea we aro nutlfied promptly. Sbcda cannot be ch4agod or canceled cite rkallon Aix begun. FlNANGE CHARGE 1.5% MUMMY, ANNUAL- This estil»ate is v r 34 days. Terms: 544/o down, balance on completion. TAX $ �.::' u y TOTAL $ j 4S TO ORDER. SIGN sc RETURN YELLOW COPY WITH 5096 DEPOSIt 159 INTERFAITH COALITION Profit & Loss Budget vs. Actual January through December 2005 TOTAL Jan - Dec 05 Budget Income GENERAL GIFTS 79,693.45 AUCTION 103,722.05 INTERFAITH DINNER 43,210.00 CHOIR FEST 2,553.99 SPECIAL FUNDRAISING 7,223.00 DESIGNATED GIFT TO CLINIC 6,425.75 DESIGNATED DISCIPLES HOUSE 1,000.00 INTEREST & DIVIDENDS 1,197.95 2060 GRANT 4,705.68 FRIENDLY VISITOR 23,118.50 HEALTH SUMMIT 1,255.49 Total Income 274,105.86 Expense HEALTH HEALTH CLINIC 21,333.36 DENTAL CLINIC 21,333.36 MENTAL HEALTH PARTNERSHIP 6,830.00 MENTAL HEALTH STAFF 21,333.24 PRESCRIPTION SUPPORT 0.00 PROVIDER RECOGNITON 491.37 PARENT'S DENTAL 4,821.05 DESIGNATED FUNDS CLINIC 6,425.75 Total HEALTH 82,568.13 HOUSING CASE MANAGEMENT 17,249.92 PARTNERSHIP HOUSES 10,748.74 UTILITILS-PARTNERSHIP HOUSES 5,409.40 SEVERE WEATHER SHELTER 1,976.89 INSURANCE 3,834.57 MAINTENANCE 4,363.25 DISCIPLES HOUSE REHAB 15,037.16 Total HOUSING 58,619.93 OTHER PROGRAMS EDUCATION & FORUMS 1,255.49 EMERGENCY GRANTS 290.03 VOLUNTEER RECOGNITION 460.31 CONGREGATIONAL RELATIONS 101.43 EMERGENT FUNDS 0.00 FRIENDLY VISITOR 43,029.00 Total OTHER PROGRAMS 45,136.26 STAFF EXECUTIVE DIRECTOR 29,400.00 PROGRAM DIRECTOR 21,319.37 SECRETARY 3,410.48 BOOKKEEPER 2,120.40 PAYROLL TAX EXPENSE 5,234.77 BENEFITS 9.156.63 STAFF EXPENSES 103.06 ADVANCE 0.00 SIMPLE IRA 0.00 Total STAFF 70,744.71 ADMINISTRATIONIFUNDRAISING OFFICE EXPENSE 8,352.81 AUCTION EXPENSE 21,268.10 INTERFAITH DINNER 9,543.66 Total ADMINISTRATION/FUNDRAISING 39,164.57 Total Expense 296,233.60 Net Income -22,127.74 90,000.00 91,000.00 36,000.00 2,500.00 3,130.00 10,000.00 500.00 6,050.00 25,000.00 264,180.00 22,000.00 21,000.00 5,500.00 21,000.00 2,500.00 2,000.00 9,000.00 10.000.00 93,000.00 17,250.00 12,500.00 6,050.00 2,000.00 4,000.00 6,000.00 8,000.00 55,800.00 150.00 2,000.00 250.00 150.00 5,000.00 46,494.00 54,044.00 29,400.00 21,188.00 3,300.00 1,450.00 5,593.00 9,000.00 200.00 70.131.00 9,200.00 18,500.00 9,200.00 36.900.00 309,875.00 -45.695.00 1 j0 INTERFAITH COALITION Balance Sheet As of December 31, 2005 Dec 31, 05 ASSETS C urrent Assets Checking/Savings PEOPLES BANK 10,404.51 WECU CHECKING 4,958.68 WECU SAVINGS 10,605.98 Total Checking/Savings 25,969.17 Other Current Assets PROPERTY RESERVE 9,000.00 OPERATING RESERVE 7,000.00 HEALTH PROVIDER RECOGNIT... 5,836.99 PARENTS' DENTAL PROGRAM 26,769.67 FRIENDLY VISITORS 10,000.00 Total Other Current Assets 58,606.66 Total Current Assets 84,575.83 Other Assets BUILDINGS 179577.00 BUILDING IMPROVEMENTS 2.041.00 LAND 46,800.00 ENDOWMENT FUND 129766.06 Total Other Assets 358184.06 TOTAL ASSETS 442759.89 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities DEFERRED REVENUE 10,000.00 PROPERTY RESERVE L1AB 9,000.00 Total Other Current Liabilities 19,000.00 Total Current Liabilities 19,000.00 Long Term Liabilities DEMAND LOAN -CITY 72,041.00 Total Long Term Liabilities 72,041.00 Total Liabilities 91,041.00 Equity OPERING BAL EQUITY 362286.49 RETAINED EARNINGS 11,560.14 Net Income-22,127.74 Total Equity 351718.89 TOTAL LIABILITIES & EQUITY 442759.89 1161 INTERFAITH COALITION Profit & Loss Budget Overview January through December 2006 Jan 06 Income GENERAL GIFTS 82,000.00 AUCTION 103,000.00 INTERFAITH DINNER 36,000.00 CHOIR FEST 2,500.00 SPECIAL FUNDRAISING 4,500.00 DESIGNATED GIFT TO CLINIC 2,000.00 INTEREST & DIVIDENDS 500.00 2060 GRANT 10,000.00 2060 MAINTENANCE/REHAB 18,000.00 FRIENDLY VISITOR 25,000.00 Total Income 283,500.00 Expense HEALTH INTERFAITH CLINIC 71,000.00 MENTAL HEALTH PARTNERSHIP 6,700.00 PRESCRIPTION SUPPORT 2,500.00 PROVIDER RECOGNITON 1,000.00 PARENT'S DENTAL 6,000.00 DESIGNATED FUNDS CLINIC 2,000.00 Total HEALTH 89,200.00 HOUSING CASE MANAGEMENT 19,500.00 PARTNERSHIP HOUSES 11,000.00 UTILITIES -PARTNERSHIP HOUSES 9,000.00 SEVERE WEATHER SHELTER 2,500.00 INSURANCE 4,300.00 MAINTENANCE 6,500.00 DISCIPLES HOUSE REHAB 14,000.00 Total HOUSING 66,800.00 FRIENDLY -VISITORS PROGRAM DIRECTOR- 17,950.00 PROGRAM DIRECTOR- 3,900.00 ASSISTANT 5,200.00 BOOKKEEPER. _ 350.00 FV BENEFITS/PAYROLL TAXES 4,300.00 FV PROGRAM EXPENSE 3,300.00 Total FRIENDLY -VISITORS 35,000.00 ON- OTHERPROGRAMS EDUCATION & FORUMS EMERGENCY GRANTS VOLUNTEER RECOGNITION CONGREGATIONAL RELATIONS EMERGENT FUNDS Total OTHER PROGRAMS STAFF EXECUTIVE DIRECTOR PROGRAM DIRECTOR SECRETARY BOOKKEEPER PAYROLL TAX EXPENSE BENEFITS STAFF EXPENSES Total STAFF ADMINIS TRATI ON/FiJNDRAIS ING OFFICE EXPENSE AUCTION EXPENSE INTERFAITH DINNER Total ADMINISTRATION/FUNDRAISING Total Expense Net Income Jan 06 1,000.00 300.00 450.00 150.00 1,879.00 37,440.00 26,650.00 3,800.00 2,800.00 6,400.00 9,500.00 200.00 9,200.00 21,500.00 9,200.00 3,779.00 39,900.00 321,469.00 -37,969.00 �1163 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Date: 8 1994 INTERFAITH COALITION 2401 CORNWALL AVE BELLINGHAM, WA 98225-3414 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 91-1202013 Case Number: 954089037 Contact Person: TYRONE THOMAS Contact 'telephone Number: (213) 894-2289 Our Letter Dated: November 30, 1990 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170 (b) (1) (A) (vi) Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or 'contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve 'any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours,. PRicAhard�e?49cc� District Director Letter 1050 (DO/CG) I P4 Interfaith Coalition Board of Directors 2006 Officers: President: Vice President: Secretary: Treasurer: Past President: Members of Interfaith Coalition Board: Term Expiring January, 2007 Joan Beardsley Bess Christman Jim Cozad The Rev. Bobbi Virta The Rev. Doug Wadkins Term Expiring January, 2008: The Rev. Dick Christensen Judy Hoover The Rev. Kathleen O'Connor Debbie Raas David Robinson Orphalee Smith Gretchen White Terre Expiring January, 2009 Bob Becker Lynn Day Hugh Fleetwood Kathy Lovdahi Mary Ann Teeters Jim Cozad Dick Christensen Bobbi Virta Gretchen White Judy Hoover 1165 Agency Name Contact Name S Attachment A - Cover Sheet & Certification I2FF #06-103 2007 Very Low Income Housing Funding 36p - 3 Y,3 -- Y/ Z 3 Fax y7 0 �✓ / / +J �iy F.na;l Swf��e.�.ro �fi INN' D e_-1 Name of Signatory Authority Title of Signatory Authority (5,' `j 81-,F �n a a G � p % Q -�� � e F. Contact Person (responsible for contract administration) „ S- f -��tl � �a w �,e-s Briefly describe the project to be funded. Include the program/project title, location, and a short 1-sentence description. 11 � �U/1 M Q'�i1 � R a G r o e G7�S e7 l? c K e r �lJT/ r� Dal 4 C, % �� la' G e in e #Z IPA-1)/crcA 17t'0 _Siva .19r7/ 7do Amount of funding requested 3 ''a r ` :s rI=G7O 1) Is this a local match for other funding? [:]No ®Yes y r / if yes, amount of other funding $) Funding Source On!, r 7 / TU /1 d 3 2) Is your agency State and Federal tax-exempt - 501(c)(3)? []No Z Yes (Attach copy of IRS Determination.) 3) Is your organization a governmental agency? )? 9190 ❑Yes 4) Is the agency financial management conducted in accordance with generally accepted accounting procedures? []No ®Yes 5) Does the agency have a regular financial audit or review with a certified public accountant? ❑NoEYes 6) Does your agency have a Board of Directors? ❑No Wes If yes, please attach a current list. CERTIFICATION: I certify that the proposed program activities and services contained in this proposal have been designed in compliance with this Request for Proposal. 4� {signature o authorized signer) (Date) 15 166 Attachment B -- Project Narrative µ. p 2007 Very Low Income Housing Funding } • • RFP 06-103 s r. 1. Describe your project. We are requesting funds for two separate Repair and Retention projects at the Mt Baker Apts. Project #1. Installation of New Fire -Alarm Panel. The existing fine alarm panel, which is approximately I0-years-old; is outdated and on the verge of failure. Past acts of vandalism and false alarms of the smoke detectors in the common areas have caused serious shorts and failures of circuitry in the panel itself. The two local companies that we use for service of the panel have had to repair it many times by using parts that were sourced from warehouses all over the United States. We have been informed that these parts are now very difficult, if not impossible, to locate because they are no longer in production. If -we -were to lose the paned -for more•than a day, the firedepartment would require�ug to,go into 'fire watch'. and demand the iminediate repair of the panel;' both .:of which would result in tremendous and possibly unnecessary expenses. It would be far better to proactively replace the panel now before it becomes an emergency. We are also proposing on the budget for this project to cover the costs of replacing the common area smoke alarms. These smoke alarms are also outdated and have began to fail randomly, stressing the already aging circuitry panel. Project #2. Replacement of old single pane windows. Two years ago 2060 funds generously paid for the replacement of the windows on the north side -of the upper three floors of our -eight floors. We are-now:in;need for°the remaining four floors of=singlepane windows.to-be, -replaced_ The windows that need replacing-are,orighW-1929-editionling1e :gave windows and, barely holding together..'Maintenance is coftStazttly= working on them, to get them to open properly and they are very cold causing condensation and- overly moist conditions in the apartments. The apartments with the new windows that 2060 funds helped provide are drastically warmer, cleaner and simply nicer than the apartments with the old windows. We have -set aside -funds -to pay for approximately lf3=of the" eost to -complete th siiiiportarit upgrade to the comity's, low' hicorne... `h V irig stock. Details 7 Of'oui request are in the budget. 2. Describe how your project complies with the requirements of RCW 36.22.178. This project meets the requirements of RCW 36.22.178 section (1)(b) because we are eligible to receive housing trust funds, house person under 50% of AMI, and operate 167 at a net Ioss and thus require supplements to the rental income to cover ongoing operating expenses. 3. What population will be served with this project and what specific needs will be met? Population: We are required by our agreement with the WA State Housing Finance Commission to house only persons under 50% AMI in 59 of our 85 apartments. We'have` a p'oli`cy to also: house sons undei 50%o AMI' in`our tmainiiig 26 units'. However; our income records currerit,y show thi t fully 35� residdents are aI'so under 30%`A &. Addition ally;` we'riow house 17 disabled Needs met: Project #1-The fire panel of a large apartment building is the first Iine of defense for the safety of our residents. It is vital that we provide this basic need. Project #2- Warmth, safety and a feeling of security will be provided by new windows. Additionally, since we provide the heat to the tenants at our expense, new windows will lower our operating costs significantly. 4. Describe the method that will be used to protect the public's interest ... Our tax credit regulatory agreement requires us to continue providing housing to very low income persons for,the,Aext eight -years;- Also, please note our mission statement that clearly states our intention to provide housing for disadvantaged populations well beyond any legal requirement to do so. We have recently transitioned two buildings in Seattle out of the tax credit compliance period while continuing to provide very low income housing under new financial situations. 5. Describe your agency. The Archdiocesan Housing Authority (AHA) provides a continuum of care for homeless and low income persons throughout western Washington. Fifteen shelter and transitional programs offer homeless men, women and children a warm, safe refuge from the streets. They provide a place to bathe, launder clothes, and can often receive medical attention, alcohol and drug treatment, and job counseling. AHA provides approximately 200 affordable housing units in over 35 programs, serving single persons, families, seniors and persons with special physical and mental needs. rIn Whatcom County, AHA,operates 16f apa M...-gntsin three downtown ,-Belingharn buildings; the,eight stogy I1�t l :a et Apts , the --Hi. tone Washington, ,Grogery building apartments and,the;, brand APwa 0, unit Kateri Court Apartments .,on Chestnut St. At Katerf Court,, we have set aside * one bedroom units for a program of the Opportunity Council in v4rhich hq#tieless worrien With-Aftdren are Moused for 6=18 months'while tliey'stabilhE tI eii-4. si We are capable of carrying out our stated goals. Steve Powers, AHA Division Director will be responsible for implementing the project. 6. Describe any collaborative efforts with other agencies that are involved in this project. There are no other agencies involved in these simple maintenance procedures. 7. Agency financial information. A. Attached is our most recent Audited Financial Statement for the Mt Baker Apartments. B. Attached is the September 2006 Statement of Revenue and Expenses that includes a column containing the 2006 annual budget. C. An "Attachment C — Budget" is included for Project #1 and another is included for Project #2. These attachments have matching funds entries in the "Program Income" column. These funds are specifically available in the 2007 operating budget of the Mt Baker Apts.. This budget is just now being finalized. It should be available for you to see during the interview for this proposal. 8. Describe your project. A. The main offices of AHA are located at: 100 23`d Ave South Seattle, WA 98144 B. 59 or more units will remain as very low income housing units. C. The units are a mix of fully self contained studios and one bedrooms varying in size from 308-469 sq/ft. D. This project will not significantly affect property values. E. Existing liens and balances are listed on the attached balance sheet. Please note that on page 13 of the Audited Financial Statements it is noted that Catholic Community Services of Western Washington (a sister agency of AHA) has made two loans to the Mt Baker Apts. Little or no payments are made on these loans due to lack of available cash flow. This is evidence of the strong commitment that CCS & AHA have made to affordable housing in Whatcom County. F. No financing will be accessed to accomplish these projects. G. Project #1 can be completed by June 2007. Project #2 can be completed by October 2007. H. Management of the project has been previously demonstrated. 169 Attachment C -- Budget 2007 Very Low Income Housing -Program APPLICANT /� rCf 41D G E S 4 %� a PROPOSED PROGRAM �1 'er, Te, � f " � Program Budget (not Agency) - January 1, 2007 through December 31, 2007 `� DESCRIPTION A- County Funds Requested B - Other Grant/Loan Funding C- Program Income TOTAL 1 Salaries/Wages 2 Personnel Benefits 3 Oflice/aperating Supplies 4 Minor Equipment 5 Professional Services 6 Communications 7 Transportation 8 Advertising 9 Rentals 10 Insurance 11 Public Utilities 12 Repairs & Maintenance 1.3 Machinery & Equipment . 14 RehabilitatiowMaintenance Program OU 15 Agency Administration (Cannot exceed of 10% fundin 16 Other (Specify) 17 18 19 20 21 . +P—rljcct Total `� ti t p ► cq S . PROVIDE A DESCRIPTION OF EACH LINE ITEM ON A SEPARATE SHEET. 11 18 170 . Line item description of Project #1— Fire Alarm Control Panel Mt Baker Apts. Line 14. — We are requesting $7,000 of county funds to replace the fire alarm control panel. Program income (operating funds) will be used to replace the related common area smoke alarms. Line 15. - $700 is included for administration of this project. The $3,195 we are providing from operating funds for this project matches about 45% of the $7,000 we are requesting from the county. 171 WJ VV1/UUZ BURGLAR & FIRE ALARM SYSTEMS & SERVICES lb=T 1561 KENTUCKY ST, BELLINGHAM, WA 98226 =360447-01 10 • S 366.1005 a FAX 368-715.0008 A Division of Guardian Security May 12, 2004 RE: Mt Baker Apartments We propose to replace the Fire Alarm Control Panel, We will be quoting the QS4 system by EST. D-Tech will replace the existing FACP and Interface to the existing fire alarm devices. We will install a new annunciator in the lobby. Our price includes equipment, submittals, Fire Marshal review and permit, (aw-voltage electrical permit for our work, final connect and test at the control panel, system test, technician for (1 ) test with the Authority Having Jurisdiction (AHJ), test certificate, and one year warranty - Our ,prn� for the Fire Ailarm°System will be 7000.66. This price. does not include=sales tax. The list of equipment is below. 1, EST-QS4-S-G-1 : Quickstart FACP - 5 Option Card Spaces - Grey 2 EST-SLIC ; Signature Loop Intelligent Controller- 250 Devices 1 EST-Z1318- ; Conventional Zone Card -16 Class B Zones (4 Convertible to 1, EST-DLD I Two Line Dialer for Qutckstart - 1 5!ST-SIGA APS ' B.4A Auxiliary Power Supply- - 41EST-81GA-CR Relay Output Module 1 EST-Q54-CPU-1 : Multi Loop System CPU/Display 1. EST-QSA-1-8 QS1 CPU annunciator surrace cabinet 2 ISB-1101270 Interstate 12v 7ah SLA battery 1 GEN-WIREFIT Wire 8. fittings as required. 2• GEN-RJ31X ' Block and Cord 1% RJ31X 38X (FCC approved phone line 'Engineering, 1 DTE-DRAWINGS Drawings and Submittals 1 DTE ELPERMITS Electrical Permits - - 1, DTE-FIREPERMIT , Fire system permit. 1 i EST -RPM ; Reverse Polarity Module 1; EST-MFG-A :Module Cabinet for t MP1, 2 MP2s, 2 MP2Ls or any 1 UIO M Our terms, unless othorwise noted, are net 30 days from Invoice. Partial billings may be made as warranted.. Late charges are 1.5% per month on -overdue balance_ ery truly yourq Davld Wilson Mt Baker Apartments Fire Alarm System Page 1 of 1 172 i Attachment C — Budget 2007 Very Low Income Housing. Program APPLICANTr`(i� r%a Gem �OvSt„ o '! PROPOSED PROGRAM /�'% f " fg �c e,r )-�3 �i` b e �fi # Z- Program Budget (not Agency) - January 1, 2007 through December 31, 2007 '� DESCRIPTION A- County Funds Re nested B - Other Grant/Loan Funding C- Program Income TOTAL i SalariesfWages 2 Personnel Benefits 3 Office/Operating Supplies 4 Minor Equipment 5 Professional Services 6 Communications 7 Transportation 8 Advertising 9 Rentals 10 Insurance 11 Public Utilities 12 Repairs & Maintenance 13 Machinery & Equipment 14 Rehabilitation/Maintenance Program ICl!O(9L4 i3,,S�-OD 15 Agency Administration (Cannot exceed of 10% funding) Gob 40 16 Other (Specify) 17 18 19 20 21 Project Total %y S 11Q,-5' L4 1a PROVIDE A DESCRIPTION OF EACH LINE ITEM ON A SEPARATE SHEET. 18 173 Line item description of Project #2 — Window Replacement Mt Baker Apts. Line 1 — We are providing $1,000 of maintenance staff time to; receive and store the windows prior to the installation, prepare the units for installation, assist the installers during the installation and clean up after the installation. Line 14 — We are requesting $19,064 of county funds to be used for replacement of 57 of the 96 remaining single pane windows. $13,365 of program funds (operating funds) will be provided by the applicant to replace 38 of the 96 windows and thus completing replacement of all of the old window. Line 15 — We are providing $600 of administrative staff time to implement and oversee this project. The $15,165 we are providing from operating funds for this project matches about 80% of the $19,064 we are requesting from the county. 174 #oT JU,Sr nUlSvA ti Date: Y o LASq,GREW - Est 1929 CommerciaVResidendal Department Since 1981 GdNT12AG NS# LOUISAG-195-MA 1512 H. State St * Bellingham. WA. 98225 (360) 734-3840 Fax: (360) 734-1282 CONTRACT On or in the huilding-pt,the, above address, Louis M"J'tAuto glass Gusrenfses to do the fallowing work in a workmanlike manner in accordance with standard practices; accoriing tkhp j{Q (owing specifications: Custom bu.il&alnd'. nstall L rtA 7 Almond Vinyl Windows. SingleY Double Rungs,' Sliders, Casements, -"- _Pictures AaAwnings, ,10' Trapezoids, �" SGDoors, All units to have: Double Pane Insulated Glass, � � ems, Fusion Welded Corners, Dow Point — High Pressure Weep System, and, where applicable: Metal Frame Reinforcement, Screens, Pickproof Docks, and Night Safety Stops. All windows to be caulked and have cA �A .t— exterior trim applied as needed with owner to paint or stain as desired. All ,fob- related debris to be cleaned up and hauled away. Additional work due to unforeseen circumstances i.e. faulty construction, rotten wood, etc. to be an additional expense, after owner notification. Customer Satisfaction Guaranteed. f Down With Balance of Unon Completion. All representations and warranties made by the Installing contractor beyond those provided by the COST $ product manufacturer are the sole responsibility of the contractor extending the warrantee. f f Contractor guarantees workme . i one year. Bid valid till: TAX S -- r Accepted by: TOTAL $ j=; 1 _;,,, 175 Nov 06 2006 3:03PM HP LnSERJET FAX P.2 A0 JUSN k V AIML As 1001 %a Est. 1929 Con-unerciaVResidential Deparu-nent Vj I ckn:�k Since 1981 CONTRACTURU L9U132-195-MA 71A I—SaLi 1512 K State St * Be Hingham, WA 9825 PEC) 734-3840 Fox: (36h) 724-:12H2 COMR-ACT Oft win the 6uildirtg,at tits ahgve address; to do the following Wnrk in a warkmanilke manner In occordanca W4 Date:f) /6 � 16 6. Custom. build and instaH .6 Qni�te) Almond Vinyl Windows. Sin ie Double Hungs, �Sliders, -," Casements, Pictures Z Awnmigs,—Trapezoids, -,f SGDoors, All units to have:, Double- Pane Insulated Glass, DTwE6Q**ftr, 2Mgm*44M, Fusion Welded CornersLow Point — Flith. Pressure Weep System, and, where applicable: Metal, Frame PaWorcement,- Screens, Pickproaf Lacks, and Night Safety Stops. All windows, to• be caulkedi and- have exterior trim applied as needed wft—h owner t& paiut or stain as &sired. - All job. related debris to be cleaned up, and haukadaway, Addfflonal- work &,e to unforeseen. eircumstunces i.e. faulty constructleni. roften, wood�. etc: to; be ---an additional expense, after- owner notification. Customer Satisfauftiia Guaranteed. provided Vy-ther- pmdaet he warrautee. Contractor-piar., toes 1rivrkmmtuW.oneyw.B1d.-vaUd till:' 1 I Accepted' COST S . a 05 TAX 1* - I t) 3Sj� TOT-A-LIS/3.3 66-72- 176 MOUNT BAKER APARTMENTS Statement of Revenue and Expense For the Nine Months Ending September 30, 2006 PERIOD TO DATE YEAR TO DATE ANNUAL ACTUAIJ ACTUAL BUDGET VARUINCE ACTUAL BUDGET VARIfWCE BUDGET BUDGET OPERATi14G REVENUES RENT REVENUE 5120 Tenant Rents 35.616 33.375 Z241 314,776 300,375 14.401 400,500 79% 5121 Section 8 Receipts 3.659 4.447 (78B) 33,44E 40.023 (6,575) 53.364 63% 5122 Manager Rent Free Unit (1,050) 600 0.650) (6,731) 5,400 (12.131) 72W -93% 5130 Housing Levy Revenue . (25) 0 (25) (400) 0 (400) 0 0% 5140 Commerical Rent Income 5,1104 4,913 191 45,047 44.217 830 58.955 76% 5190 MisceAancous Rent Income 270 0 270 590 0 590 0 0% 5220 Vacancy Loss (32951 (1,921) (1,374) (15.074) (17,289) Z215 (23,052) 65% 5910 Laundrylndome 807 375 432 3,616 3,375 241 4,5W 80% 5920 NSF & Lae Charges 40 133 (93) 1,110 1.197 (87) 1,596 70% 5930 Damage & Claanrngincome 1,505 387 1,118 7,712 3,483 4.229 4,644 166% 5940 Seairily Deposit Retained 0 134 (134) 0 1,206 0206) 1,608 01% 59M Venting Machine Income 31 30 1 314 270 44 360 87% 5960 Tenant Srroenlrg Fees 425 102 323 2.160 918 1242 12S 176% 5970 Legal Fee -Tenants 0 0 0 279 0 279 0 0% 5995 Olher Revenue -Grand Room 920 872 48 8.280 7.048 432 10.464 79% NET RENrAL REVENUE 44,006 43A47 (599) 395,126 391,023 (4,103) 521,364 76% FINANCIAL REVENUE OTHER REVENUE 5990 Miscellaneous Income 245 0 245 2,401 0 2,401 0 01/6 TOTAL OTHER REVENUE 245 0 (245) 2,401 0 (2,401) 0 0% TOTAL OPERATTN(l REVENUE 44,251 43,447 (B09) 397,527 391,023 (8.NX 521,364 76% OPERATING EXPENSES ADMINISTRATIVE EXPENSES 6210 Advertising 405 187 (238) 1.345 1.503 T58 Z004 97% 6260 Tenant CredACheck 0 208 208 3.300 1.872 (1,42B) Z496 132% 6310 Sec rWFN" Desk 0 0 0 7.378 0 (7,376) 0 0% 9311 OfteSuppliies 0 178 178 I'm 1,602 339 Z136 59% 6312 Photo Copley Expense 0 23 23 0 207 207 276 0% 6315 Dues & Publications 0 0 0 60 0 (60) 0 0% 6316 TralningrSeminarrAnIamnras 0 33 33 0 297 297 395 0% 6320 Property Management Fee Z172 2,172 0 19,548 19,548 0 26.064 75% 6325 Asset Management Fee - LP 2,125 0 (2,125) 4,260 0 (4,250) 0 01/6 6330 Manager Salary 1,790 1.483 (307) IZ756 13.347 591 17,796 72% 6331 MamWs Aportntent Allowance 6W 600 0 5,400 5,4Q0 0 72W 75% 6332 Keyhaldar Allowance 179 165 (14) 1,613 IA85 (128) 1,980 81% 6333 BusinesslLowing ManagerlSpodalist 1,486 1,233 (253) 8.917 11,097 2,180 14.796 60% 6340 Legal Expense 0 TOO 100 479. 900 421 1,200 40% 63W Audit Expenae 0 740 740 8,875 8,660 1 8,8W 100% 6351 8coldmeping Fees 1.126 1,126 0 10,134 10,134 0 13.512 75% 6352 Data Processing 105 105 0 943 945 2 1260 76% 6360 Telephone 280 271 .05) 2,648 2.439 (209) 3,252 81% 6370 Bad Debts Expense 0 100 100 0 900 900 1,200 0% 6381 "Parldng 80 63 (17) 757 567 (190) 756 100% 6384 Tenant Support 0 0 0 99 0 (99) 0 0% 6390 Miscellaneous Admin Expense 0 83 63 98 747 649 996 10% TOTAL ADAEN(STRATIVEEXPEPSES 10,353 8A% (1,5031 89.861 798, (10.211) I20D 85% UTILITIES EXPENSES 6450 E(edirldly 1,416 1261 055) 13,882 11.340 (2,533) 15,132 92% 6451 Water 0 508 508 %M 4,572 1.174 6.095 56% 6452 Gas 939 3.449 Z510 24,276 31.041 6.765 41.358 59% 64M Sewer 0 881 851 5,099 7,929 2,8W 10,572 48% 6455 Garbage & Trash Removal 994 1216 - 222 9,165 10.944 1,779 14592 63% TOTAL UTILITIES EXPENSES ?,349 7,315 3,956 55,821 65,635 10,014 97,780 64% r876416 tMUOAEOFKQr4AL STATEME]VT 177 MOUNT BAKER APARTMENTS Statement of Revenue and Expense For the Nine Months Ending September 30, 2005 PERIOD TO DATE YEAR TO DATE ANNUAL ACTUAL ACTUAL BUDGET VARIANCE ACTUAL BUDGET VARIANCE BUDGET BUDGET OPERATING AND MAINTENANCE EXPENSES 6510 Salaries-JanNor(al 1,218 0 (1,216) 7.941 0 (7,941) 0 0% 6515 Janitorial Supprws 0 50 50 547 450 (97) 600 91% 6517 Janitorial Contract 764 500 (264) 3,744 4,500 756 6,000 62% 6519 Exterminating ConM 81 233 152 2,628 2.097 (531) 2.796 94% 664D Salaries -Repairs & Maintenance 1,320 1;757 438 9.508 15,813 6,3D5 21.084 45% 6641 Repair & Maintenance Materials 2.749 5,0D0 2,251 25,513 45.000 19.487 60,0DO 43% 6543 Fire Safety Maintenance 97 63 (34) 1.275 567 (708) 756 159% 8545 Elevator Contract D 440 440 3,636 3,96D 322 5.200 69% 6590 Misc Oper & Maini 0 a3 83 0 747 747 996 0% 6955 Private Auto Mileage Reimbursement 0 36 38 287 342 55 455 63% TOTAL OPERATING & MAINT EXPENSE 6,229 6,164 1,935 55,080 73,476 18,396 97.968 56% TAXES AND INSURANCE 671D Property Taxes 0 143 143 11386 1,287 (99) 1.716 81% 6711 Payroll Taxes 619 339 (280) 4,990 3,051 (1,939) 4,066' 123% 6720 Hazard insurance 1,452 1,240 (212) 11,901 11,160 (741) 14,880 80% 6722 WarWnan's Comp Insuranoa 89 124 35 1,401 1,116 (285) 1,488 94% 6723 Employee Benerds; (irks) 741 545 (196) 4,995 4,905 (90) 6,540 76% 6724 Employee Benefas (pens) =234 217 (17} 2,055 1,953 (102i 2.604 79% TOTAL TAXES AND INSURANCE 3.135 3,608 f5271 26.729 23AW (3.257i 31,296 85% FINANCIAL EXPENSES 68M Interest Expanse -Must Fay 11,544 11,392 (152) 104.682 102.528 (2,154) 136,704 7711. 6a21 Bonds Fear -Must Pay 0 611 611 7204 5.499 . (1,705) 7,33.2 98% 6890 Mist F}nerldal Expense 0_ 9 0 2 0 (2) 0 0% TOTAL FINANCIAL EXPENSES 11,544 12,003 459 111,887 108,027 (3,960} 144,036 78% OTHER EXPENSES TOTAL OPERATING EXPENSES BEFORE EXTRAORDINARY R&M 34,610 38,940 4,330 339,3T8 350.d60 11,DB2 467,280 73% OP INCOMEILOSS BEFORE EXT R&M 9,642 4XI (5,135) W,149 40,563 (17,963 54,084 108% EX7 REPAIR & MAINT EXPENSE 6542 Repalr & MainterlenoaExWwdinery 0 833 833 7,40 7,497 34 9.9% 75% NET OPERATINGINOOMFJLOSS 9.642 M. 36674 (5,968} (�17,6201 41,088 11596 RESERVES AND DEBT SERVICE PAYMENTS 7991 Debt Principal Combined 10,003 4,735 (5.266) 43,887 42,615 (1,272) 56,820 77% 7994 Reserve Draw 0 (am) 833 0 (7,497) 7.497 (9.996) 0% 7998 Replacement Reserve CoWbution 1,417 1,417 0 12,75D 12,753 3 17,004 75% TOTAL RESERVES AND DEBT SERVICE 11A2(1 5.319 (6,1011 56.637 47971 f8.766i 63.629 NET PROJECT CASH FLOW (1,778) (1,645) 133 (51951) 414AM (aim) (19,740} 30% NON -OPERATING INCOME(EXPENSE5 5440 Investment income Restricted Reserves (26) 0 26 (212) 0 212 0 0% 6620 Depredation Expense Building _ 6,973 6,878 (95) 62,880 61,902 (758) 62,536 76% MW Depredaton Expense Fix dture Prof Use 332 6W 354 .2,964 6,174 3,190 8,232 36% 6660 Amortization Expem-Or'penizatlanel Expe 157 157 0 1,410 1,413 3 1,864 75% 6670 14nmWAilon Expensa-FTnarldng Expense 26 26 0 232 234 2 312 74%• 6822 interestExpsnse.A=vW- NoCtmxkEver 2,230 1-E50 (9Bp} 20,072 11,250 (8,622Y 115.000 134% TOTAL NON-OPERATINGINCOMEIEXPE 9.e91 (mil] 81,146 80,973 (6,173} 107,964 81% NETINCOME (49i rs3zi} [5,274} . f36.461) (47.9071 (11.446) f63ON 57% ro &W Ixaoorr8n FtMWA- STATEWJYT 178 MOUNT BAKER APARTMENTS Balance Sheet September 30, 2006 LIABILITIES AND FUND BALANCE CURRENT LIABILITIES 1933 I/C AHA Management $345,838 2002 - A/P Clearing 16,624 2113 LP Payable - Alliant 34,000 2130 Accured Interest Payable - Short Term 185,115 TOTAL CURRENT LIABILITIES 581,577 PREPAID INCOMEILIABILITIES 2191 Tenant Sec Dep Liability 34,154 2195 Security Deposit Refund 401 2210 Prepaid Tenant Rents 5,422 2211 Prepaid S-8 Rents 14 TOTAL PREPAID INCOMEILIABILITIES 39,991 LONG-TERM LIABILMES 2310 Notes Payable - City of Bellingham 157,686 2313 Note Payable - CCSWW Elevator 59,814 2314 Note Payable AHA Developer Fee 101,467 2320 Note Payable - CCSWW 296,643 2322 Bond Payable - WSHFC/US BANK 2,052,021 TOTAL LONG-TERM LIABILITIES 2.667.631 TOTAL LIABILITIES 3,289,200 FUND BALANCE 3100 Limited Partners Capital (230,697) 3105 Equity, General Partners (184) 3110 Equity, Limited Partners 16 3210 Earned Surplus (Deficiency) (58,146) (430 Profit or (Loss) (36,461) 10116M TOTAL FUND BALANCE (325,471) TOTAL LIABILITIES AND FUND BALANCE $2,963,729 Unaudded Rnandal Slatemenls 179 MOUNT BAKER APARTMENTS Balance Sheet September 30, 2006 CURRENT ASSETS 1110 Petty Cash 1120 Cash Operating 1130 Tenant AIR 1131 Sec 8 AIR 1191 Tenant Security Deposits TOTAL CURRENT ASSETS PREPAID EXPENSES 1240 Prepaid Hazard Insurance TOTAL PREPAID EXPENSES FUNDED RESERVES 1350 Cash - Operating Reserve TOTAL FUNDED RESERVES INVESTMENTS 1850 Financing Costs 1851 Loan Fees (416 Less Accumulated Amortizationn TOTAL DEVELOPMENT COSTS FIXED ASSETS 1410 Land 1420 Buildings 1450 Furniture Project Use (411 Less Accumulated Depreciation TOTAL FIXED ASSETS TOTAL ASSETS 10116M6 ASSETS Unaudited Financial Statements $200 3,443 6,492 805 42,657 53,597 14,643 14,643 52,967 52,967 56,421 7,743 (17,395) 46,769 100,894 3,346,924 57,628 (709,694) 2,795,752 $2,963,729 we 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) FINANCIAL STATEMENTS FOR THE YEARS ENDED DECEMBER 3I, 2005 AND 2004 AND INDEPENDENT AUDITORS' REPORT 181 CONTENTS INDEPENDENT AUDITORS' REPORT............................................................................................... PAGE 3 BALANCESHEETS.............................................................................................................................. 4 STATEMENTSOF OPERATIONS....................................................................................................... STATEMENTS OF PARTNERS' CAPITAL ............................................. STATEMENTS OF CASH FLOWS...................................................................................................... NOTES TO FINANCIAL STATEMENTS............................................................................................ SUPPLEMENTARY INFORMATION: SCHEDULES OF INCOME AND EXPENSES................................................................................ 19 JOHN L. O'BRIEN & COMPANY, PLLC CERTIFIED PUBLIC ACCOUNTANTS MEMBERS February 14, 2006 JOHN L.0'BRIEN FRANK E. CHRISTENSEN LINDA M. CANNEY INDEPENDENT AUDITORS' REPORT To the Partners of 308 West Champion Associates Limited Partnership: 1305 JOSEPH VANCE BUILDING 1402 THIRD AVENUE SEATTLE, WASHINGTON 98101-2156 (206) 624-3638 FAX (206) 624-86M We have audited the accompanying balance sheets of 308 West Champion Associates Limited Partnership (a Washington limited partnership) as of December 31, 2005 and 2004, and the related statements of operations, partners' capital, and cash flows for the years then ended. These financial statements are the- responsibility of the Partnership's management. Our responsibility is to express. an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of 308 West Champion Associates Limited Partnership at December 31, 2005 and 2004, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the .United States of America. Our audits were performed for the purpose of forming an opinion on the basic financial statements of 308 West Champion Associates taken as a whole. The supplementary information on pages 19 through 21 is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. Certified Public Accountants Seattle, Washington -3- 183 BALANCE SHEETS 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 ASSETS EXHIBIT A .2005 2004 Investment in Real Estate: Land, building, furnishings and equipment, net of accumulated depreciation of $644,050 and $548,719 $ 2,861,396 $ 2,956,727 Other Assets: Cash 200 3,781 Operating deficit reserve 40,005 39,749 Accounts receivable -tenants 2,248 1,542 Account receivable - Section 8 380 Tenant security deposits 34,648 27,469 Prepaid hazard insurance 6,508 9,096 Deferred financing fees, net of accumulated amortization of $15,752 and $13,561. 48,412 50,602 Total other assets 132,401 132,239 Total Assets 2.993 M 3,088,966 U EXHIBIT A- - CONTINUED BALANCE SHEETS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 2005 2004 LIABILITIES AND PARTNERS' CAPITAL Liabilities Applicab[e to Investment in Real Estate. Notes payable $ 2,246,964 $ 2,291,663 Note payable - related party 363,117 370,935 Accrued interest payable on notes payable 165,860 158,028 Deferred developer fee payable 101,467 101,467 Total liabilities applicable to investment in real estate 2,877,408 2,922,093 Other Liabilities: Technical overdraft 3,119 Accounts payable 2,724 3,428 Deferred income 23,035 Prepaid tenant rents 5,976 3,754 Due to AHA management 330,881 314,571 Due to limited partner 29,750 25,500 Tenant security deposits 32,949 27,449 Total other liabilities 405,399 397,737 Total liabilities 3,282,807 3,319,830 Partners' Capital (289,010) (230,864) Total Liabilities and Partners' Capital $ 2.993,797 The accompanying notes are an integral part of these financial statements. -5- 185 STATEMENTS OF OPERATIONS 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) Years ended December 31, 2005 and 2004 2005 2004 RENTAL INCOME Residential gross rent potential $ 400,678 $ 380,415 Section 8 subsidies 50,260 59,716 Less: vacancy loss (20,838) (54,239) Commercial 50,866 55,284 Total 480,966 441,176 Investment income 248 267 Other income 100,898 38,249 Total income 582,112 479,692 EXPENSES Administrative expense 83,715 73,451 Utilities 760109 74,395 Management fees 33,322 27,985 Professional services 9,648 14,183 Repairs and maintenance 165,596 206,881 Insurance 13,035 20,463 Taxes 1,719 8,506 Bad debt 2,151 25,461 Interest 150,114 165,602 Bond fees 7,327 7,441 Depreciation and amortization 97,522 92,954 Total expenses 640,258 717,322 Net Loss $ (58, l46) (237.630) The accompanying notes are an integral part of these financial statements. TO EXHIBIT C STATEMENTS OF PARTNERS' CAPITAL 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) Years ended December 3I, 2005 and 2004 ADMINISTRATIVE GENERAL LMiITED LIMITED PARTNER PARTNER PARTNER TOTAL 0.10% 0.01% 99.89% 100.00% Balance, January 1, 2004 $ 53 $ 41 $ 6,672 $ 6,766 Allocation of 2004 loss (238) 24 (237,368) (237,630} Balance, December 31, 2004 $ (185) $ 17 $ (230,696) $ . (230,864) Allocation of 2005 loss (58) (6) (58,082) (58,146) Balance, December 31, 2005 $ 11 $ (288.778) $ (289.M The accompanying notes are an integral part of these financial statements. _7- 187 STATEMENTS OF CASH FLOWS 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) Years ended December 31, 2005 and 2004 2005 2004 Cash Flows from Operating Activities: Net loss $ (58,146) (237,630) Depreciation 95,331 90,764 Amortization 2,190 2,191 Adjustments to reconcile net income (loss) to net cash provided (used) by operating activities: Increase (decrease) in deferred rent revenue 2,222 3,754 (Increase) decrease in accounts receivable - tenants (1,086) (147) (Increase) decrease in accounts receivable - general partner 753 (Increase) decrease in prepaid insurance 2,588 (9,096) Increase (decrease) in due to general partner 16,310 94,703 Increase (decrease) in accounts payable (704) (2,520) Increase in due to limited partner 4,250 4,250 Decrease in deferred income (23,035) Increase in accrued interest 7,832 27,453 Net change in tenant security deposits (1,679) (688) Net cash provided (used) by operating activities 46,073 (26,213) Cash Flows from Investing Activities: Deposits into reserves, including reinvested interest (17,247) (17,000) Withdrawals from reserves 16,991 62,421 Net cash provided (used) by investing activities (256) 45,421 Cash Flows from Financing Activities: Payments on notes payable (44,699) (42,192) Payments on note payable - related party (7,818) Net cash provided (used) by financing activities (52,517) (42,192) Net increase (decrease) in cash (6,700) (22,984) Cash at Beginning of Year 3,781 26,765 Cash at End of Year $ 0-419) Supplemental Disclosure of Cash Flow Information: Cash paid for interest expense $ 14-LM $ 136,883 The accompanying notes are an integral part of these financial statements. -8- NOTES TO FINANCIAL STATEMENTS 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (1) ORGANIZATION: EXHIBIT E The Partnership, a Washington limited partnership, was formed on April 17, 1998 to own and operate the Mount Baker Apartments located in Bellingham, Washington. The Mount Baker Apartments is an eight - story building constructed in 1912 and is located on Bellingham's historic Champion Avenue. The building has 35 studio apartments and 49 one -bedroom apartments, in addition to a two -bedroom apartment for the resident manager. Sixty units are reserved for single persons and couples whose family income does not exceed 60 percent of the area median income. Six of those -units are reserved for persons whose family income does not exceed 50 percent of the area median income. The Partnership Agreement, as amended effective October 1, 1998 and again March 1, 1999, provides for the following distribution of Partnership profits and losses: investor limited partner, 99.89 percent; administrative limited partner, .01 percent; and general partner, .I percent. The partners are: Archdiocesan Housing Authority, general partner; Alliant Tax Credit Fund VI Limited Partnership, investor limited partner; and Alliant Tax Credit 1, Inc., administrative limited partner. The Partnership's rental housing operations are subject to regulation by the City of Bellingham through a HOME Investment Partnership Program Agreement dated October 13, 1998. The agreement requires that six of the units, for a period of twenty years, be restricted to tenants -with very low income housing at the time of their initial occupancy. Rent increases for the restricted units must be approved by the City of Bellingham and are to be based on changes in the Whatcom County median income. The Regulatory Agreement .dated October 1, 1998 between Washington State Housing Finance Commission and the Partnership imposes tenant income restrictions for a 20-year period after bond closing. The regulatory and loan. agreements are binding upon any subsequent owner of the project. (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: The financial statements are prepared in accordance with accounting principles generally accepted in the United States of America which do not necessarily coincide with income tax reporting requirements. The primary difference is the timing of depreciation which provides a smaller 'deduction for income tax reporting purposes. Cash Flows These financial statements include a statement of cash flows showing cash provided and used by operating, investing, and financing activities. Interest earned on cash, reserve for replacements and city annuity reserve accounts are classified as operating activities. The reserves are deposited in market rate savings accounts. The Partnership Agreement provides for restrictions and the order of distributions of cash flow. 512 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) . December 31, 2005 and 2004 (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED: Capitalization and Depreciation Land, building and improvements are recorded at cost. Improvements are capitalized, while expenditures for maintenance and repairs are charged to expense as incurred. Upon disposal of depreciable property, the appropriate property accounts are reduced by the related costs and accumulated depreciation. Depreciation is provided for in amounts sufficient to relate the cost of depreciable assets to operations over their estimated service lives. The estimated service life of the assets for depreciation purposes may be different than their actual economic useful lives. Estimated Life Method Land - None Building and Improvements 40 Straight-line Furniture and fixtures Various Straight-line The Partnership reviews its investment in real estate for impairment whenever events or changes in circumstances indicate that the carrying value of such property may not be recoverable. Recoverability is measured by a comparison of the carrying amount of the real estate to the future net undiscounted cash flow expected to be generated by the rental property including the low income housing tax credits and any estimated proceeds from the eventual disposition of the real estate. If the real estate is considered to be impaired, the impairment to be recognized is measured at the amount by which the carrying amount of the real estate exceeds the fair value of such property. There were no impairment losses recognized in 2005 or AM. Rental Income and Prepaid Rents Rental income is recognized for apartment rentals as it accrues. Advance receipts of rental income are deferred or classified as liabilities until earned. Amortization Bond issuance fees are amortized on a straight-line basis over 30 years beginning October 15, 1998. Financing costs incurred in connection with the permanent loan are amortized on a straight-line basis over 300 months. Real Estate Taxes Real estate taxes are expensed in the year billed by the taxing authority. Bad Debts The Partnership uses the direct write off method of accounting for bad debts, which approximates the reserve method. _10- 190 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 'WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED: Income Taxes No provision or benefit for income taxes has been included in these financial statements since taxable income (loss) passes through to, and is reportable by, the partners individually. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Cash and Cash Equivalents For purposes of the statement of cash flows, the Iartnership considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. The Partnership maintains its cash in bank deposit accounts, which, at times, may exceed federally insured limits. The Partnership has not experienced any losses in such accounts. The Partnership believes it is not exposed to any significant credit risk on cash and cash equivalents. Reclassifications Certain amounts in the prior year financial statements have been reclassified for comparative purposes to conform to the presentation in the current year financial statements. (3) PROPERTY AND EQUIPMENT: Property and equipment consists of the following: Land Building - residential and commercial space Furnishings and fixtures Accumulated depreciation Total 2005 $ 100,894 3,346,924 57,628 3,505,446 644,050 2004 $ 100,894 3,346,924 57,628 3,505,446 548,719 -1 I - 191 EXHIBIT E - CON IN'LMD NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership). December 31, 2005 and 2004 (4) RESTRICTED RESERVES: Various loan, partnership and regulatory agreements require the establishment of a reserve to be used to fund the replacement of appliances and building components. An operating reserve for shortfalls in project - specific operating revenues has been established. Balance, January 1 Current year additions Interest Withdrawals Balance, December 31 (5) NOTES PAYABLE: Outstanding notes at December 31, 2005 and 2004 were: The Partnership issued a $200,000 promissory note, dated October 13, 1998, payable to the City of Bellingham. The note, which matures October 15, 2028, is secured by a deed of trust covering the property and is subject to the terms and conditions of the HOME Investment Partnership Program Agreement. Annual payments of $8,929 are required beginning October 15, 1999. Beginning on that date, interest of 2 percent will compound annually. The Partnership issued a $2,320,000 promissory note, dated October 15, 1998, payable to U. S. Bank N. A. The note, which matures on. October 1, 2028, is secured by a deed of trust and was funded by Washington State Housing Finance Commission Multifamily Revenue Bonds, which further restricts use of the property. Monthly payments are required beginning November 1, 1998. Interest of 6.25 percent will compound annually on the basis of 360-day year. 2005 2004 $ 39,749 $ 85,170 17,000 17,000 247 266 (16,991) (62.687) $ 40,005 $ 39.749 2005 2004 $ 163,349 2,083,615 $ 168,901 2,122,762 -12- 192 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (5) NOTES PAYABLE - CONTINUED: The Partnership issued a $296,643 promissory note, dated October 15, 1998, payable to Catholic Community Services of Western. Washington. The note, which matures on April 30, 2019, is secured by a deed of trust. Annual payments of $24,072 are due beginning April 30, 1999, subject to available net cash flow. No payments of principal and interest were made due to lack of Available Cash Flow. Interest will be accrued. Beginning April 30, 1999, interest will be 6 percent compounded annually. The Partnership issued a $82,500 promissory note ,dated September 1, 2000 payable to Catholic Community Services of Western Washington. The note, which matures on March 1, 2012, is not secured and is to finance improvements to the elevator. Monthly payments of $843 are required beginning October 1, 2000. Interest of 6.33 . percent is compounded monthly. No payments were made during 2004. The lender suspended payments until cash flow improves. Payment of $7,817 was made during 2005. Analysis of accrued interest for 2005: Beginning Balance City of Bellingham $ 723 U S Bank, N.A. 11,055 CCSWW -Loan 1 ' 146,251 CCSWW - Loan 2 Total 2005 $ 296,643 2004 $ 296,643 66,474 74,292 Total $ 2,610,081 $ 2,662,598 Interest Interest Ending Cost Paid Balance $ 3,344 $ 3,378 $ 689 130,558 131,486 10,127 8,793 155,044 6,636 $ 149,331 6,636 $ 141.500 - Interest expense on the notes payable was $149,331 and $152,560 for December 31, 2005 and 2004, respectively. -13- 193 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP . (A Limited Partnership) December 31, 2005 and 2004 (5) NOTES PAYABLE - CONTINUED: Principal payments on long-term notes payable for the next five years and thereafter, including payments subject to net available cash, are as follows: 2006 $ 57,089 2007 57,673 2008 61,132 2009 64,809 2010 68,718 Thereafter 2,300,660 Total $ 2.610.081 (6) PAYMENTS TO/FROM RELATED AND AFFILIATED PARTIES: The Partnership Agreement sets forth the order and Iimitations on distribution of cash flows from the Partnership. Certain fees are listed as payable depending upon cash flow. Supervisory and Incentive Management Fee Beginning January 1, 1999, a supervisory and incentive management fee is to be paid to the general partner each year for services in connection with management of Mount Baker Apartments during the prior year. Payment of the fee is owed and payable only to the extent of cash flow available for payment of the fee as defined in the Partnership Agreement. No amount is accrued as owed for 2005 or 2004. Development Fee Archdiocesan Housing Authority entered into a Development Services. Agreement with the Partnership dated July 1, 1998. The agreement provides for a total development fee of $447,179. The fee is divided into an acquisition of building fee of $345,712 and a rehabilitation services fee of $101,467. The fee was fully earned at 100 percent of completion of construction. However, the agreement sets forth payments in five installments as certain events take place. Some payments are based upon the'investor limited partner's making capital contributions. The final capital contribution and the fourth installmentof the developer fee were to have occurred April 1,-2000. The conditions required for the fourth capital contribution have not been met and that developer fee payment has not been made, nor has all of the third installment of the developer fee. The fifth installment of $32,208, and any other unpaid developer fees, is due December 31, 2008. A total of $101,467 has not been paid as of December 31, 2005. -14- 194 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (6) PAYMENTS TO/FROM RELATED AND AFFILIATED PARTIES - CONTINUED: Asset Manazement Fee The Partnership Agreement provides for the payment to the limited partner of an annual asset management fee of $4,250. One-half is payable on April 1st and the balance on October 1st provided, however, that such fee shall be payable only to the extent of sufficient cash flow under the order of payments as set forth in the Partnership Agreement. Unpaid portions of the fee accrue and are owed. The total fee unpaid as of December 31, 2005 is $29,750. Property Management Fee Beginning January.1, 2004, the general partner became the manager of property operations of 308 West Champion. Prior to that date, Catholic Community Services of Western Washington d/b/a Catholic Community Services Northwest ("CCSNW") was managing the operations of 308 West Champion. The general partner receives a management fee of 5 percent of gross building receipts. For the years ended December 31, 2005 and 2004, the management fees were $29,072 and $23,735, respectively. When CCSNW was the manager of property operations, costs of maintenance and management personnel were routinely allocated to the Partnership by CCSNW. These costs were then reimbursed by the Partnership. - Since CCSNW was no longer the manager of operations during 2004, there were no reimbursements due at December 31, 2004. Advances to Operations from General Partner During 2005, the general partner advanced funds to the Partnership in the amount of $89,600. The Partnership repaid the general partner $135,000. A loan to CCSWW in the amount of $16,956 was forgiven and the proceeds included in other income. In addition, the general partner advanced funds for payroll related to operations of Mount Baker Apartments in the total amount of $78,099. The total amount of operating expenses advanced and due to the general partner as of December 31, 2005 is $325,173. During 2004, the general partner advanced funds to the Partnership for the payable to CCSNW in the amount of $202,912 and advanced funds for the line of credit payable to CCSWW in the amount of $16,956. In addition, the general partner advanced funds for. payroll related to the operations of, the Mount Baker Apartments in the total amount of $86,869. The total amount of operating expenses advanced and due to the general partner as of December 31, 2004 is $314,571. -15- 195 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (6) PAYMENTS TO/FROM RELATED AND AFFILIATED PARTIES - CONTINUED: Amounts due to the general partner at December 31, 2005 and 2004 are as follows: Developer fee - deferred Property management fees Accounting fee Advances to the Partnership (7) PARTNERS' CAPITAL CONTRIBUTIONS: 2005 2004 $ 101,467 $ 101,467 7,654 1,867 6,457 606 215.303 210.631 Total The Partnership has-- one general partner, Archdiocesan Housing Authority, which has a .1 % interest, an administrative limited partner, Alliant Tax Credit I, Inc., which has a . 0 1 % interest, and an investor iimited partner, Alliant Tax Credit Fund VI Limited Partnership that has a 99.89% interest. The capital contributions of each of the partners, as scheduled in the Partnership Agreement are: General Partner - $653, Administrative Limited Partner - $100, and the Investor Limited Partner - $651,995, subject to adjustment as provided in the Agreement. As of December 31, 2005, the General Partner and the Administrative Limited Partner have made their contributions as scheduled in the Agreement. The Investor Limited Partner has made contributions totaling $604,201. (8) CAPITALIZED COSTS: The costs incurred to obtain financing of the Partnership have been capitalized and are being amortized as described below: Bond financing costs Loan fees Less - accumulated amortization Total Net Capitalized Costs 2005 $ 56,421 7,742 64,163 (15,751) 2004 $ 56,421 7.742 64,163 (13,561) -16- 196 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (9) RESTRICTED ESCROW DEPOSITS AND RESERVES: Various loan, partnership and regulatory agreements require the establishment of a reserve to be used to fund the replacement of appliances and building components. An operating reserve for shortfalls in project - specific operating revenues has been established. 2005 2004 Operating Reserve Beginning balance, January 1 $ 39,749 $ 85,170 Additions 16,999 17,000 Interest 247 266 Withdrawals and transfers (16,990) (62.687) Ending balance, December 31 40,005 $ 39�x49 Withdrawals have been used for extensive repairs of the property, including earthquake damage. (10) DEFERRED REVENUE: During 2005, costs incurred to repair earthquake damage were $71,462.03. The management agent, AHA, received a grant from the State of Washington/FEMA to finance a portion of those repairs. As of December 31, 2004, repairs were made and the balance of funds returned to FEMA. (11) TENANT ACCOUNTS RECEIVABLE: At December 31, 2005 and 2004, tenant accounts receivable consist of the following: 2005 2004 Accounts receivable - tenants $ 2,248 $ 1,247 Accounts receivable - subsidy 380 Total $ 2.628 1.247 -17- 197 EXHIBIT E - CONTINUED NOTES TO FINANCIAL STATEMENTS - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) December 31, 2005 and 2004 (12) TAXABLE INCOME (LOSS): A reconciliation of financial statement net earnings (loss) to taxable income (loss) of the Partnership for the years ended December 31, 2005 and 2004-are as follows: 2005 Financial statement net earnings (loss) $ (58,146) Excess of depreciation for income tax purposes over financial reporting purposes 4,449 Prepaid tenant rent 1,786 Rounding TAXABLE INCOME (LOSS) AS REPORTED ON TAX RETURN (13) COMMITMENTS AND CONTINGENCIES: 2004 $ (237,630) (815) 3,754 (1) The Partnership has several agreements and commitments to honor covenants that restrict the use and disposition of its property. -18- SUPPLEMENTARY INFORMATION 199 SCHEDULES OF INCOME AND EXPENSES 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) Years ended December 31, 2005 and 2004 RENTAL INCOME Residential income Section 8 subsidies Tenant rent credits Less - vacancy loss Commercial income Less - commercial rent credit OTHER INCOME Other tenant charges: Damage charges Laundry Late charges and NSF Security deposit forfeitures Tenant legal fee reimbursements Tenant screening fees Other tenant charges Antenna space rent Other income -19- 2005 2004 $ 397,293 $ 375,842 50,260 59,716 3,385 4,573 (20,838) (54,239) Subtotal 430,100 385,892 54,866 55,284 (4,000) I 480966 $ 441,176 $ 3,957 $ 5,551 4,623 2,533 1,730 2,115 1,070 7,012 290 5,333 3,245 2,735 534 1,117 Subtotal 15,449 26,396 10,320 9,805 75.129 2,048 200 SCHEDULES OF INCOME AND EXPENSES - CONTIlIUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) Years ended December 31, 2005 and 2004 ADMINISTRATIVE EXPENSE Management personnel and administrative costs Advertising/marketing Bookkeeping fees Telephone Office supplies and expenses Other UTILITIES Electricity Water and sewer Gas Garbage removal MANAGEMENT FEES Property management fees Asset management fees PROFESSIONAL SERVICES Legal Audit REPAIRS AND MAINTENANCE Repairs and maintenance Repairs and maintenance supplies 2005 2004 $ 60,297 $ 54,541 1,445 1,370 13,260 7,274 3,400 4,245 1,621 4,413 3,692 1,608 83,715 $ 73.451 $ 15,945 $ 15,880 15,190 17,009 31,498 25,513 13.476 15.993 $ 74.395 $ 29,072 $ 23;735 4,250 4,250 $ 33,322 $ 27.985 $ 998 $ 6,153 8,650 8,030 $ 9.648 $ 14.183 $ 165,010 $ 205,973 586 908 $ 165.596 $ 206.88 -20- 201 SCHEDULES OF INCOME AND EXPENSES - CONTINUED 308 WEST CHAMPION ASSOCIATES LIMITED PARTNERSHIP (A Limited Partnership) Years ended December 31, 2005 and 2004 TAXES AND INSURANCE Real estate taxes Property insurance BAD DEBT INTEREST EXPENSE BOND FEES DEPRECIATION AND AMORTIZATION Depreciation Amortization 2005 2004 $ 1,719 $ 8,506 13,035 20,463 $ 14,754 S 28.962 2,151 25.461 $ 150,114 165,602 7.441 $ 95,332 $ 90,764 2,190 2.190 97,522 $ 92.954 -21- 202 203 . - _ - _- "_ n:rh, 'k•' _ �il-� _ ! I� aj w��ir.' �y • _: � _ ice' _ ;�i'7 e' P��'��� __- '- _ -r;�' M—r ��r�� ' I " �=i =,.: _ --. _ � ya._4��•.m .e„,f .�';� f �=, � � 1' ' �I__ ��,s'1 ��-` _ r _' a•�� +icy '•�- � b,i ':, :`_�;-, �Hr•.grc' ��4ri `= '�,A _--���_- _�� `r� %.:f:��'z; �.•• P - ` r--=t"'�` ���Tr,;''L��•^ -"'�' - r -c- ' �'' �r � • • � ' -__3 :�i'.e� a F F y �'� r 7-�*.-5''- _ � � - - L' 'P •" c 1� :ice. �` r m I !' ' - `' �.-'-r' ' • - •. :• r � n " �.; } �-- E .- I e rss' ',�'= P 'P- �a•:�`�'�rd�_5.1 tea: 14'— �.� �_ -�I -_ _ -0..r. �1 i I - _ -"dam 'L P � F - •, 1 r ,�� i ,� � r �� y tia" � _y �� A-AWi-r="- -` _ +-y -� Sr.{"I�"�Vr':-'�' 85 lh 1 113a Ad�E, .� i�. _ •' �! q-T � `- i • -ram, _� �- .F ••_ �a diii - III+�r •I ., 5 - •• r:`rV : d" 4�,�n Fs _ � ra? ., tee'+, a. � r�'4'•+, -_ T- .. , :. - Non -Pro �147 a X Tb q /L qI qi� Updated February 4, 2005 Catholic Community Services and Archdiocesan Housing Authority Board of Trustees Rev. Kenneth Haydock (Chair) Michelle Audino Pastor 4408 — 95`h NE Holy Rosary Parish Bellevue, WA 98004 760 Aloha Street (425) 688-0326 PO Box 206 email: mmaudino@aol.com Edmonds, WA 98020 September, 2005 425-778-3122 x224 e-mail: kha}dockQholyrosaryedmonds.org Permanent John Cunningham James Hilger 4951 NE Laurel Crest Ln. 18707 85th PI. West Seattle, WA 98105 Edmonds, WA 98026 Cell: 206-276-3796 Work: 206-372.5040 Home: 206-517-5282 Home: 425-673- 426 john0clearfir.qom ikhilgen earthlink.net October, 2007 October, 2007 Sr. Michele Kopp, OP Vincent Mullally Holy Rosary Parish 2006 Parkside Drive East PO Box 280 Seattle 98112-2304 Edmonds, WA 98020 (206) 206 324-9278 (home) (206) 546-6561 home (206) 362-1600 ext. 227 (work) email: micheleklOIOcomcast.net fax (206) 362-4052 March, 2005 email: vimu11allvCa m-d-c.com August, 2006 Dennis O'Leary (Vice Chair) Leo Regain - Archdiocese of Seattle 1802 N. Paget Sound Avenue 9I0 Marion Street Tacoma, WA 98406 Seattle, WA 98104 253-926-41 I4 (work) 206-382-4834 (direct) 253-759-9674 (home) fax 206-382-4840 e-mail: Iregalaftainieroac.com e-mail: dennisof )a.seattlearch.orn August, 2006 October, 2006 Michael Reichert (ex-offcio) Sr. Barbara Schamber, SP President CCS! AHA Sisters of Providence I00- 23 Avenue South 913 Lilly Road NE, Apt. A-13 Seattle, WA 98144 Olympia, WA 98506 206-328-5696 (work) (360) 459-0313 e-mail: migbaelr@ccsww.org Cell: 206-419-0470 Permanent email: schambersufla.aol.com March, 2006 John Stoner Jack Sullivan 2600 W. Viewmont Way W. 10 East Roanoke Street, #1 Seattle, WA 98199 Seattle, WA 98102 cell: 206-623-0089 206-323-9150 fax 329-7170 Home.206-285-2391 e-mail: dullboy&eanet.com Work: 206-623-8880 October, 2006 iohnfa,nara oe nrea October, 2007 205 Updated February 4, 2005 Pat Sursely (Treasurer) Director of Administration and Finance Archdiocese of Seattle 910 Marion Street Seattle, WA 98104 206-382-4588, fax 206-382-4297 email: ' t (aseattlearch.org Permanent Elizabeth Thomas 715 -- 26h Avenue East Seattle, WA 98112 206-324-7024 e-mail: rubertha6667(a.ao1.com March, 2006 11/14/2006 16:51 FAX 3608481072 COMORCIALFIRE lih001 M13 commorcial 130 Alarm & Detection INC. Mt Baker Apartment's Scope: Replace the existing Conventional Fire Alarm System with a new Addressable Fire Alarm Panel. This includes programming, original system demolition and the new system wired in the same location using the same existing wiring both low voltage and line voltage. Alarm System: I Silent Knight 5820 FACP 11 Smoke Detector Modules 2 l2v 7ah batteries System Notes: The 11 Smoke detector modules enable you to use the existing conventional devices in the field with an addressable panel. To replace all the 127 smoke detectors, and .18 manual pull stations in the building instead would cost $9756.00 in materials alone. Due to previous installation practices and the age of the facility there are a few additional considerations which are not addressed by the proposed work above. The existing wiring has been damaged to the point where bare copper has been exposed in parts of the wiring. Our technicians have been using electrical tape to cover these bare conductors when found, but it's likely more damage exists. The existing unit smoke detectors acquire power from parts of the existing system which are not conventionally used to supply such power. This is not code compliant, it's unlikely the current panel is UL listed for such wiring and more over has likely lead, in part, to the current instability of the existing system. To bring a new system online this will have to be addressed in close cooperation wish management, the Fire Marshal, and your alarm contractor. One possible solution is to change the local unit smokes to a fire alarm system heat detector and add a unit hom. This could be done for $35.00 in material per unit. Again this would require Fire Marshal approval. Other Fire Marshal requirements, such as total current draw and voltage drop of the system, additional devices, ect will require additional labor and materials to comply. (TOLL FREE) 800.4605990 - 360.848.1533 - (FAX) 360-848.1072 P.O. Box 128 - Mount Vernon, WA 98273 207 11/14/2006 16:51 PAX 3608481072 COMMERCIALFIRE IM 002 t Base Bid Less Sales Tax: $ 3873.75 espectf y submitted, Rich d J Sigmen President and Go Manager 1651 l f l ZInUp l is bb Ibdb4 C f f IS PAGE @1 Signaho* Proposal �r Whatcom & S1c*t County Properties 308 West Champion Bellingham, WA. 9�225 Phone: (360) 738-8234 Fax: (360) 738-8290 Aft. Denise Villartitnos Re- Mt Baker Apts. Fire Alarm Control Panel May 1.7, 2004 Phone: (360) 733-2484 Fax: (360) 647-7773 Cell: (360) 410-7074 Larry RoosendaW Following is our price to replace existing fire panel and test system c nuplcte. Price includes: 1-Silent KnigU592GXL Addressable Control Pond 11- Silo Knig[at Input Co=W Modules ( I per flaodtorta froth adstmg panel) I -Silent Knight 5960 %C[) Anmmchdor (front door) I -Silent Knight 5495 Hcan Power Supply This price is based an replacing the existing Fire control panel atld conncating all mdst[t z zones to input modules that talk to the new addressable panel. Also'bwti ng all devices on the fire.aoncs. If a problem arises that would be considered an extra and would be billed T&M at $60 per boar. Exclusions. A. Washington Sure Sales Tax. B-Permits Base Bid Free $ 5525,00 Payment Term: Mouhfy Progcssive Dstte of Acaeptaoce: _ Sigttu4ttie;. _ Upon acceptant of our propoaa tthin Gmcral Coatradar. or owner ageas tlwt dais scope leurs will bccGme pert oflhc contract dwidmts. In the dhsenoe of" Owttaot or urrtft the cant[' d i3 signed, tits Genetal Comctur axem w abide by the tmm and cov4doas of Qua w" 1cMff. No altenscs aw7l be made to thin coop¢ Icder wiffmK vrrittaa Owmat of Si pd l ogi, Inc. All maIER W guauonUmd to be at specifiA All want to be oomocu in a weilaaatn]nDm nwuner eccacm* to swndard practices. Any altnaadou or deviation lsom above tpeeiftoatiou involving axtm eoeis will be cwcubd only upon written oadesa. and will bw4mc an extra cheege over and ibow the estimate. Ali agtaet em are oentiagettt upon aft0m, act ord&yz 5eyand our eantroL Cite wofk= are fully oovOM by WoFkmam C=pentatice moron m All t dpeid balances that} bwinterot at 1.5%parnwnth. If collection c6osta became ueocasaty, Signed home, hm is cntidted to reboverits atauttmgw and odd eollediml aosta. VITA apMciate pour 000aiideration of my firm and [Gait farwatd to wnrldntrwith you en ftk ad wail err fi mmProjevta. 209 10/08/03 WED 10:07 FAX IOoo2/003 BURGLAR & FIRE ALARM SYSTEMS & SERVICES 1501 KENTUCKY ST- BELLINGHAM, WA 98226 *-647.0110 ■ 800-3Gfi-1005 • FAX 360.715.9008 A Division of Guardian SeCL.rity October 8, .2003 RE: Mt. Baker Apartments We propose to furnish the Fire A13rm System for this project. We will be gyoting the 5820XL system by Silent Knight. Our prices include equipment. drawings, submittals, -wiring diagrams, O & M manuals, Fire Marshal review and permit, low -voltage electrical permit for our work, wire, final connect and test at the control panel, system test, technician for (1) test with the Authority Having Jurisdiction (AHJ), test certificate, and one year warranty. Base price excludes smoke detectors in the apartments.. This is assuming that you receive a bid to have an electrical contractor Install 120VAC smoke detectors with a sounder -base in the apartments. for local alarming. Our price for the Fire Alarm,System will be. 35 510,00:The list of equipment is below. 1 SKN-5820XL Addressable fire panel 1 SKN-5816XL ZONE EXPANDER 1 SKN-5895XL 5amp Power -Supply 92 SKN-5D505-AHS Silentnight Addressable Heat Sensor, 49 SKN-SD605-APS Silent K night Addressabl e Smoke Detector 56'SKN-SO505-6AB Silent Knight 6" Addressable Detector Base 85 SKN-S1)505-& 3 Silent f<night 6" Sounder Base for InteIllKnight 14 SKN-SD500-AiM Monitor Module 2 SKN-SD500-ARM Silent Knight Relay Modul6- 19 SKN-SD500PS Adressable Pull Station 4 YUA-NP7-12 Yuasa '-2 V 7 AH Back-up Battery. 1 DTE-DRAWINGS Engineering, Dravrngs and Submittals 1 DTE-ELPERMITS Electrical Permits 1 DTE-FIREPERMIT Fire syste►n permit 1 ADJUSTMENT Price Adjustment 2 GEN-WIREFIT Wire & linings as required. Our terms, unless otherwise noted, are net 30 days from invoice. Partial billings may be made as warranted. Late charges are 1.50/6 per month on overdue balance.. Very truly yours ) Q David Wilson Mt. Baker'Apartments Fire Alarm System Page 1 of 1 210 ' 10/08/03 WED 10:07 FAX 131 001/003 JOINT 4[q N - BURGLAR & FIRE ALARM SYSTEMS & SERVICES 1501 KENTUCKY ST, BELLINGHAM, WA 98226 360.647.0110 9-800-366.1005 • FAX 360-715-9008 A Division of Guardian Security October 8, 2003 RE: Mt. Baker Apartments We propose to furnish the Fire Alarm System for this project. We will be quoting the 5820XL s J)y by Silent Knight. Our prices include equipment, dr.-wings, submittals, wiring'diagrams, O & M manuals, Fire Marshal review and permit, low-voltageelectrical permit for our work. wire, final. connect and test at the control panel, system test, technician for (1) test with the Authority Having Jurisdiction (AHJ), test certificate, and one year warranty, This price Includes smoke detectors with a sounder base in addition to heat detectors in the apartments Our price for the Fire Alarm System will be $49,455:0.0: The list of equipment is below. I Wy I rroaucrau yescripuon 1 SKN-5820XI_ Addres:fable fire panel 1 SKN-5815XL ZONE EXPANDER 1 SKN-5895XL . 5amp PDWef Supply 92 SKN-SD505-AHS Silent K-iightAddressable Heat Sensor 134 SKN-SD505-APS . Silent KnIghtAddressable Smoke Detector. 141 SKN-SD505-BAB Silent Knight 6" Addressabla Detector Base 85 SKN-SD505-6SB Silent K�lght 5" Sounder Base for IntelliKnight 14 SKN-SD500-AIM Monitor Module 2 SKN-SQ500-ARM Silent Knight Relay Module .19 SKN-SD50OPS Adresss.ble Pull Station 4 -YUA-NP7-12 Yuasa 12 V 7 AH Back-up Battery. 1 DTE-DRAWINGS Engineering, Drawings and Submittals 1 DTE-ELPERMITS Electrical Permits 1 DTE-FIREPERMIT Fire system permit 1 ADJUSTMENT Price AcUustment 2 GEN-WIREFIT Wire & fittings as required. 85 GEN-Wir+emold box 9 GEN WIREMOLD Fittings , Molding as required Our terms, unless otherwise noted, are net 30 days from.invoice, Partial billings may be made as warranted. Late charges are 1,5% per mbnth on overdue balance. V 'truly yours .. David Wilson Mt -Baker Aparfinente Fire Alarm $ystem Page 1 of 1 211 __ 10/16/2006 14:35 FAX 3608481072 COMRCIALFIRE [a 002 Commercial Fire Protection October 10, 2006 WO # 519 Mt Baker Apts 308 Champion Belluigham, Wa. 98225 ME] Commorcial Alarm & aotoct a � ion INC. Proposal: To replace 30 smoke detectors in general common areas of the building. These 30 are the ones identified as the oldest and in the most need of replacement. All parts will be replaced with. same model or manufacturer recommended replacement. Parts: 1845.00 Labor: 750.00 Total Less Sales Tax R Submitted, Rich d 1. Sigmen t and Genera Manager $2595.00 (TOLL FREE) 800.460.5990 - (CFP) 360.848:9093 - (CAD) 360.848.1533 - (FAX) 360-848-1072 RO. Box- 128 - Mount Vemon, WA 98273 www.cfirepoo.com i www.cadwa.corn 212 (Mount Baker For use with LIHTC FY 2007 Budget l YTD I Current Year I Budget CY 2006 as of 8l31 Annualized I CY 2007 IOPERATING REVENUES: I I I 5120 Tenant Rents 5121 PHA Section 8 Receipts 5122 Manager Rent Free Unit 5123 Tenant Assist Payments (HUD) 5124 PHG Section 8 Receipts 5125 Tenant Rent Credits 5126 Vacancy Rehab Recovery 5127 Keyholder Allowance 5128 Retroactive Rent Income: HUD 5130 Housing Levy Revenue 5140 Commercial Rent Income 5141 Rent Income - CCS LTC. 5142 Rent Income -FPP 5145 Commercial Rent Credit 5150 Triple Net Income 5160 Key Replacement 5170 Locker Rental Fee 5172 Lock Out/Key Replacement Cha 5180 Furniture Rental Fees 182 Rent Income - Outside Source 5184 Rent Income - Guests 5188 Parking Lot Revenue 5190 Misc Rent Income 5220 Vacancy Loss 5221 Rent Credit - Commercial 5222 Vacancy Loss - Reimbursement 5225 Special Claims - PHA Vacancy 5240 Vacancy Loss Commercial 5270 Rent Income - Garage Parking 5910 Laundry Income 5920 NSF & Late Charges 5930 Damage and Cleaning Income 5935 Eviction Charges 5940 Security Deposit Retained 5950 Vending Machine Income 5960 Tenant Screening Fees 5970 legal Fees - Tenants 5980 Pay Telephone Income 5995 Other Revenue - Grand Room 5996 Antenna Revenue Net Rental Revenue 55 Contract Revenue 5,165 Sound Family Revenue 5,320 Meals Revenue 400,500 279,160 53,364 29,789 7,200 (5,681' 58,956 320 11,779 4,500 2,809 1,596 1,070 4,644 6,207 1,608 360 283 1,224 1,735 279 10,464 7,360 621,364 1 351,120 0 418,740 44,684 (8,522) 0 0 0 0 0 0 (563) 59,915 0 0 0 0 0 0 0 0 0 0 0 480 (17,669) 0 0 0 0 0 4,214 1,605 9,311 0 0 425 2,603 419 0 11,040 0 526,680 528,076 Per Unit Budget Per Anum Assumptions 3 antenna income Page 1 of 5 213 5,410 Interest Income Operations- 5,420 Interest Income Security Deposits 0 0 985 Coming Home Program Revenue 0 r 990 Misc Income 2,156 3,234 0 Total Other Revenue 0 2,156 3,234 0 0 Total Operating Revenue 521,364 353,276 629,914 528,075 6,213 OPERATING EXPENSES: 6120 Marketing/Rent Up 0 6210 Advertising 2,004 940 1,410 6211 Start Up Marketing Expense 0 6220 Computer Hardware / Software 0 6250 Other Renting Expenses 0 6251 Tenant Support -Protection Svc 0 6252 Board Support 0 6260 Tenant Credit Check 2,496 3,300 4,950 6290 Tenant Relocation Costs 0 6300 Front Desk Salaries 0 6309 Temporary Staffing Costs 0 6310 Security Salaries 7,376 11,064 6311 Office Supplies 2,136 1,263 1,895 $312 Photo Copier Expense 276 0 .)313 Printing Expense 0 6315 Dues & Publications 60 90 6316 Training/Seminar/Conferences 396 0 6317 Postage 0 6320 Management Fee - Property 26,064 17,376 26,064 6321 Mngmt Fee: GP 0 6322 Incentive Management Fee - GP 0 6325 Asset Management Fee - LP 2,125 4,250 6330 Salary - Manager 17,796 10,967 16,451 6331 Manager Apartment Allowance 7,200 4,800 7,200 6332 Keyholder Allowance 1,980 1,434 2,151 6333 Business / Leasing Manager/Sp 14,796 7,431 11,147 6340 Legal Expense 1,200 479 719 6345 Professional Fees: Other 0 6350 Audit Expense 8,880 8,875 8,875 6351 Bookkeeping Fees 13,512 9,008 13,512 6352 Data Processing 1,260 838 1,257 6354 Temp Services 0 6355 Compliance Monitoring 0 6360 Telephone 3,252 2,362 3,643 1361 Fire & Alarm Monitoring 0 . 3370 6375 Bad Debts Expense Project Development Expense 1,200 0 0 Page 2 of 5 214 6378 Interest Expense Security Deposists 0 6381 Staff Parking 756 677 11016 $2,032/3 bldgs i390 Misc Admin Expense 996 98 147 96 6432 Parking Rental & Mileage 0 0 Total Administrative Expense 106,200 79,409 115,739 109,813 1,292 .Utility Expenses 6450 Electricity 15,132 12,467 18,701 �36`32281 1 5% raises 6451 Water 6,096 3,398 5,097 1096 r 6452 Gas 41,388 23.337 35,006 8 6 53 6453 Sewer 10,572 5,099 7,649 M.a 6455 Garbage & Trash Removal 14,592 8,170 12,255 80 Total Utilities Expense 87,780 62,471 78,707 88,017 1,036 Operating & Maintenance Expenses 6510 Salaries -Janitorial 6,723 10,085-.� 1 maintl 3bldgs 6515 Janitorial Supplies 600 547 821 0 $ 6517 Janitorial Contract 6,000 2,980 4,470 8 6516 Tenant Screening Fee 0 6519 Exterminating Contract 2,796 2,546 3,819 6540 Salaries -Repairs & Maintenancc 21.084 8,188 12,282 { 6541 Repair & Maintenance Materials 60,000 22,764 34,146 000 b"8 6542 Repair & Maintenance-Extraord 9,996 7,463 11.195 9 masonry, fire alarm ,543 Fire Safety Maintenance 756 1,177 1,766 6544 Repairs & Maintenance - Contract 0 6545 Elevator Contract 1 5,280 3,638 5,457 8 6550 Earthquake Repairs 0 6955 Private Auto Mileage Reimbursc 456 287 431 Total Operating & Maintenanc 106,968 56,313 84,470 101,483 1,194 Taxes & Insurance Expense 6710 Property Taxes 1.716 1,386 1,386 6711 Payroll Taxes 4,068 4,371 6,557 6719 Misc Taxes & Permits 0 6720 Hazard Insurance 14.880 10,449 15,674 6721 Fidelity Bond Insurance 0 6722 Workmen's Comp Insurance 1,488 1,312 1,968 $5,177/3 bldgs 6723 Employee Benefits (ins) 6,540 4,254 6,381 6724 Employee Benefits (pens) 2,604 1,821 2,732 a 6725 Misc Insurance Expense 0 Total Taxes & Insurance 31,296 23,693 34,697 37,312 439 Financial Expense 6820 Interest Expense - Must pay 136,704 93,137 139,71 Bonds Foes - Must pay 7,332 7,204 7,204INC) IN 6855 Bank Fees 0 Page 3 of 5 . 215 6890 Misc Financial Expenses 2 3 0 Total Financial Expense 144,036 100,343 146,913 139,880 1,646 Total Operating Expenses 476,280 312,129 460,624 476,505 6,606 Net Operating Incomet(Loss) 45,084 41,147 69,391 51,570 607 NON -OPERATING REVENUES: 5,430 Investment Income Replacement Reserve 27 41 0 5,435 Investment Income Operating Reserves 0 0 5,440 Investment Income Restr Receipts 159 239 Total Non -operating Revenue 0 186 279 0 0 NON -OPERATING EXPENSES: 6600 Ground Lease Expense 0 6611 Depreciation Expense Land Improvements 0 6620 Depr Expense Building 82,536 55,687 83,531;, 98 6630 Depr Expense Equip Fixed 0 °' = 6631 Depr Expense Alterations 0 6632 Depr Expense Tenant Improvement 0 fi640 Depr Expense Equip Portable 0 6650 Depr Expense Furn Proj Use 8,232 2,652 3,978 - 6651 Amort Start Up Cost 0 '660 Amort Expense -Organizational 1 1,884 1,254 1,881 8 - 6661 Amortization Expense -Bond fees 0 6665 Amort Expense -Syndication Cost 0 6668 Amort Expense -Tax Credit Fees 0 6670 Amort Expense -Financing Fees 312 206 309 6675 Depr Expense Maint Equip 0 6680 Depr Expense Motor Vehicles 0 66901 Depr Expense Misc Assets 0 6691 Amortization Expense 0 6822 Interest Expense - Accrued 15,000 17,842 26,763 6860 Loss/Gain on Sale of Investment 0 7990 City Annuity Reserve 0 7991 Debt Principal Combined 0 7992 Debt Principal Contra 0 7993 City Annuity Reserve Contra 0 7994 Reserve Draw 0 7995 Reserve Draw Contra 0 7996 Operating Reserve Contribution 0 7997 Operating Reserve Contra 0 7998 Replacement reserve Contribution 0 7999 Replacement reserve Contra 0 Total Non -operating Expensei 107,964 77,641 116,462 115,261 1,356 Page 4 of 5 216 218 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2007-127 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MA G 1/23/07 - -, . ! ' 21�21107 Finance/Council 1129107 Division Head: 'T17 Pori ah Dept. Head: ,irLj V lr Prosecutor: Tzc-,j PurchastE44udLetl 146 Executive: i TITLE OF DOCUMENT. Whatcom County Housing Advisory Board Committee Recommendation to amend the existing 2006 — 2060 Operations contracts or a one-year extension. A TTA CHMEMYS7- Memo to Executive SEPA review required? ) Yes X ) NO Should Clerk schedule a hearing ? Yes X )NO SEPA review completed? ) Yes ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LA NGUA GE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) As required by the Substitute House Bill 2060, local governments collect a document recording fee surcharge that is set aside to provide housing for very low-income persons. Approval by the County Council is requested for authorization to fund and authorize the County Executive to enter into 9-year agreements with all the agencies funded in 2006. See memo attached for list. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcomi.wa.uslcouncil. 9 WHATCOM COUNTY Health Department 509 Girard Street Bellingham, WA 98225 �C' CO �ZL3> 9SN r 14co MEMORANDUM Regina A. Delahunt Director RECEIVED FEB 15 2007 TO: Pete en, County Executive PEfEKREMEN MaDelahunt, FROM: Regi Director COUNTY EXECUTIVE RE: 2007 Housing Allocations — 2060 Operations RFP #05-75 DATE: February 14, 2007 ■ Requested Action I am requesting approval by the County Council for authorization to fund and enter into agreements with the agencies listed below. An Agenda Bill is attached. Background and Purpose As required by the Substitute House Bill 2060, counties collect a document recording fee surcharge that is set aside to provide housing for very low-income persons. The funds are distributed into 3 areas: Operations, Repair and Retention, and Capitol projects. Council approved the contracts and agreements listed below in 2006. The Whatcom County Housing Advisory Committee recommends funding to these agencies for one additional year. This process has been delayed because the Housing Advisory Committee requested county staff to wait until 2006 Phase II planning was complete and the HGAP grant was submitted before 2007 funding was started. A new RFP will be sent out this year for the next funding period. ■ Information The Housing Advisory Committee recommends the following funding be approved and requests authorization for the County Executive to enter into contract agreements for 1-year with the agencies listed below. These proposals resulted from RFP #05-75. 1. Sean Humphrey House Utilities and Heating/lighting $ 8,000 2. Interfaith Utilities/MainttWages 10,000 3. Lydia Place Utilities 20,000 4. New Way Ministries Shelter 5,000 5. Northwest Youth Svs. UtilitieslRents/Admin 25,000 6. Old Town Ministries Wages/Motel Vouchers 28,000 7. Opportunity Council #1 Utilities/Maintenance 10,536 8. Opportunity Council #2 Rent/Sub Vouchers/Admin 28,118 9. Sun community Svs Shelter/Wages 52,500 10. Womencare Shelter Shelter/Wages 20,000 11. YWCA Wages/Maintenance 10,000 Total $ 217,154 You may contact Gary Williams at extension 30693, if you have any questions regarding this recommendation. Encl. Agenda Bill 220 0 Attachment A �.,..?nj�+:.: �?'✓� N,z. �.if:G1 '.:�=i.Y.�/s,FTi c4:'%Y�', �fY RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: I`itt#afY:'Col.itiaR. Address: 2401 Cornwall Ave. Bellingham, WA 98225 Phone: (306) 734-3983 Contact Person: iUa rWf ;6R'ose Title: Executive Director Indicate the' amount of funding requested. F...ks "� UJ'S,+sec Amount $14,932 7 221 Attachment B �GOM c0 a' G'L ��SHrriGt�c' WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #05-75 OPERATING FUNDS Agency Name Interfaith Coalition Contact Name I a+ira DeRase Fax (360) 734-3981 Name of Signatory Authority Judith Hoover Application Title of Signatory Authority President, Board of Directors Contact Person (responsible for contract administration) Laura DeRose Briefly describe the .project to be funded. Include the program/project title, and location, and a short 1-sentence description. Ir�terfattf >>t rt ae sl 7 Houses, 13:14 N artlet� Street; 1`7.0€ `Hair s Street; and, em6rIR-6ad;:�n Bellingham. A partnership of Interfaith Coalition, Opportunity Council, Lydia PI,aG .,.; grrden St. Method. st.ti, a _. Church, Our.Saviour s Lutheran Cliprch, and First Christian Church,. Tie h to ;N rs gl anal r:�orrtes.pr• idd _. gcy_Fiaras.[r1g �aitlps}orf seTiric s for, :h'p'ils families: Amount Requested'Zi4;932> Is this a local match for other funding? ❑No❑Yes If yes, amount of other funding: 43,311 Source of other funding -- donations, fund raising events, in -kind contributions Period of Performance: From: January 1. 2006 to December31, 2006 The budget page refers to a calendar year January to December funding cycle. 1. Is your agency State and Federal tax-exempt w 501(c)(3)? ❑No K Yes (Attach copy of IRS - Determination.) Is your organization a governmental agency? )? ®No ❑ Yes 2. Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? ❑No 0 Yes 3. Does the agency conduct a regular financial audit or reviews with a certified public accountant? 4. ❑No ❑Yes An annual internal financial review is conducted by a qualified individual who is not on staff. 5. Does your agency have a Board of Directors? ❑N681Yes If yes, please attach a current list. 222 2 Interfaith Partnership Houses Program description: Interfaith Coalition is requesting funds for three partnership houses which provide emergency housing to homeless families. The single-family homes provide 30-90 day housing and support services to homeless families with children. The homes are owned by three congregations and case management support is provided by Lydia Place and Opportunity Council. In a year, from 18-28 families will receive shelter, guidance, and support while working to stabilize their lives during their stay in our partnership houses.. With the assistance of 2060 finding this year for two partnership houses, Interfaith was able to devote energies to open an additional home which will house homeless families beginning in December 2005. Describe your agency: What is the mission, of your agency? Interfaith Coalition is a partnership. of 47 congregations in Whatcom County that combines financial and volunteer resources to provide basic necessities to local people in need. We focus our efforts on providing housing for homeless families, accessibility to health care for all, and meaningful social connections for seniors at risk of loneliness and isolation. Include a brief history that describes your experience with the type of program for which you are requesting SRB 2060 funding With the need for affordable housing becoming increasingly apparent, Interfaith Coalition formed a committee in November 1991 to determine how to address the growing problem of homelessness. After many meetings and public forums, the coalition decided to develop temporary housing for homeless families. On land purchased at the corner of Texas and Orleans streets in Bellingham in February 1993, Interfaith Coalition built a four -unit apartment building for transitional housing. With overwhelming support in the form of money, time and materials from 41 congregations, 55 businesses and countless individuals, the building, along with the upgrading of an existing single-family home for use as emergency shelter, was completed for about $ 3 0 a square foot. The first families moved into Interfaith Family Housing in July 1995. From the beginning, case -management services were, and they continue to be, an integral part of Interfaith's housing program. Families meet regularly with case managers from Opportunity Council to work on goals that will lead to self-sufficiency and permanent housing. Through the years, Interfaith Coalition has remained committed to reducing homelessness in Whatcom County. In April 2002, the coalition piloted a new model for homeless housing. Through the cooperative effort of three partners -- Interfaith Coalition, as lead partner; Our Saviour's Lutheran Church, which offers its parish house for the project at reduced rent; and Lydia Place, which provides case management services — a partnership house on Harris Avenue was created to provide emergency shelter to families escaping domestic violence. In fall 2003, a second partnership house opened to homeless families. It is a partnership between Interfaith Coalition, Garden Street United Methodist Church, and Opportunity Council. In December 2005, a third partnership house will open. First Christian Church moved an existing home to its church site in July 2005. The home will be thoroughly renovated this fall and it will serve an additional six to eight homeless families a year. 223 Specify the advantages of this approach to the problem being addressed. Interfaith's partnership houses have proven successful in the three and a half years since the coalition piloted this model for emergency housing. By working together with 47 member congregations, as well as community agencies, Interfaith Coalition can leverage the resources of our partners. The coalition has access to available parish houses, paying only 40 percent of market rate for rent, and to case -management services from agencies with expertise in providing the counseling, training, and referrals necessary to help families become self-sufficient. Case - management is a critical element of the Interfaith Family Housing program. The goal of the program is not only to provide temporary shelter to families in crisis, but also to provide them the skills and support they need to stabilize their lives and move out of homelessness. Through this cost-effective model for housing families, Interfaith is able to meet both these goals. SHB 2060 funding to the Interfaith Family Housing program would provide essential assistance in covering some of the utilities and case management costs in operating the partnership houses. Unlike most of the other homeless programs in our community, Interfaith's partnership houses do not receive governmental Rands other than 2060 monies so they rely on local community donations. This year, the 2060 funds covered some of the expenses at two houses. With this support, Interfaith Coalition was able to work with a third congregation in creating an additional partnership house which will open in December 2005. We are requesting additional 2060 funds to cover some of the increased costs of operating a third home. Our vision is to continue to grow a network of community -based partnership houses throughout Whatcom County. Describe your agency's capacity to deliver the service for which you are requesting funding. By leveraging resources through the partnership model, Interfaith Coalition's housing program stretches dollars to make the greatest impact on homelessness at the least cost. From the beginning, case -management services, for which we provide financial support to Opportunity Council and Lydia Place, have been a critical element of our program. Families have the greatest opportunity for becoming self-sufficient when they work with case -managers, who provide guidance, counseling, and referrals"to community resources. In addition, volunteers from member congregations assist in renovation and maintenance projects and donate household items and furniture. Clients: What population will be serviced? Homeless women and their children our served at two of the homes; most of these families are escaping domestic violence. Large families and families with teen boys are given preference because there are few options for families of this make-up. Homeless families with children are served at the third home. Two -parent families, large families, and families with teen boys are given preference. All of the families are extremely low-income. Number of clients served: Between 18 — 28 families, or 807 130 individuals will be served. What specific need or needs will be addressed with 2060 funding? According to the 2002 Gaps Analysis conducted by the Whatcom County Homeless Coalition, on any given day families seeking shelter in Whatcom County would need 366 beds, with only 204 beds available. =tfifli'#ie:psli=1�t&prd 19-bads'ffatIll2`s atri(*ii.. r "latpz s +ide shalte to.„ iyrt3 p0.g`*ifhi 4,i f b i'1t bays ooltw,q parent fhplities In addition, the homes are clean, spacious, well maintained, beautiful, acid fiunished, creating a feeling of safety, comfort and hope to families in crisis. In addition, families meet regularly with case managers to address the primary causes of their homelessness, to connect with community resources and to work towards moving into permanent or transitional housing. 224 Outcomes: Describe the expected outcomes and results to be achieved from this funding. Goal: Provide immediate solution to homelessness in our community by supplying safe, emergency housing to homeless families. Outcome: To provide safe, temporary housing to an average of 18 - 30 families per year. Goal: To support the families residing in the emergency shelter in securing transitional or permanent housing. Case managers meet weekly with the families to stabilize the crisis, provide money management assistance, provide information and support for families accessing community resources, and to provide support for families transitiorung from emergency shelter into permanent housing. Outcome: 100% of families will secure transitional or permanent housing. How will you document whether the outcomes were achieved? Our partner agencies, Lydia Place and Opportunity Council, maintain client service records that document client progress. In addition, Interfaith Coalition maintains files on each family. Although success looks different for each family, the focus for all families is on securing permanent housing and a stable income. Key Players Interfaith's partnership houses are community based housing. The key partners are: - As lead agency, Interfaith Coalition coordinates services between organizations, provides fundraising and pays bills, provides minor maintenance and lawn service, recruits volunteers to assist in the program. - Lydia Place will screen families and provide case management at two houses. - Opportunity Council will screen families and provide case management at one house. - Garden Street United Methodist Church provides a home at a reduced rent, handles major property maintenance and pays for home insurance. - Our Saviour's Lutheran Church provides a home at a reduced rent, handles major property maintenance and pays for home insurance. - First Christian Church provides a home at a no rent, handles major property maintenance and pays for home insurance. - Other member congregations provide volunteers to assist in maintenance projects and donate household items and furniture. Budget Information An itemized budget is attached. The generous in -kind support of three congregation partners should be noted. Before being part of the interfaith Family Housing network, two of the homes were rented in the private market and brought in over $1,000 per month in income to each of the churches. Each church is making an in -kind donation of about $8,400 per year to this partnership in reduced rental income and paying for the cost of home insurance and major property maintenance. Without this support, the partnership would not be financially possible. This year, First Christian Church moved an existing home to their church site. The home is . being renovated this fall and should open as a partnership house in December 2005. The cost to the church for permit and impact fees, moving costs, excavation, foundation, and renovation is estimated at over $60,000. Interfaith Coalition contributed $14,000 toward these costs; this money was raised through donations. 225 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT Interfaith Coalition PROPOSED SERVICE Three Emergency Houses for Homeless Families Budget Period January 1, 2006 through December 31, 2006 -A- -B- -G- -D- 2060 COUNTY OTHER OTHER FUNDS PROGRAM DESCRIPTION FUNDS GRANT FUNDS (Fees, Medicare, TOTAL (City, State, Fed, Ens., Donations, tc.) etc.) 6,250 SalariestWa es =�:�;f5z?*i= ."` 10,834 Personnel Benefits Offcel0 e rating Supplies 500 500 Minor Equipment Professional Services Communications Transportation Advertising Rentals Add. Insurance Insurance $:: carried by churches, 348 Public Utilities Repairs & Maintenancecii. 1,000 2,000 Machinery & Equipment Agency Administration 365 365 Miscellaneous Rent Subsidy 5,196 Lease to Our Saviour's 5,196 Lutheran Church Lease to Garden Street Methodist Church 4,800 4,800 Churches in -kind donation of homes 25,200 25,200 Total Expenditures $14,932 $43,311 $58,243 226 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: Interfaith Coalition (Name of proposing organization or individual) Hereby certifies: Attachment D That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. G ► s� That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposal (RFP) requirements. AUTHORIZED SIGNER Judith Hoover (Type or Pr •t Legibly full name of individual authorized to bind Proposal) _8125105 (Signature of authorized signer) (Date) President. Board of Directors (Title) (Agency, if -applicable) IAHS120601RFM060 Operations RFP 04.79.doc 227 Interfaith Coalition Board of Directors 2005 Officers: President: Vice President: Secretary: Treasurer: Past President: Members of Interfaith Coalition Board: Term Expiring January, 2006 Bob Becker Lynn Day Hugh Fleetwood Kathy Lovdahl Linda Luke Bob Monahan Tenn Expiring January, 2007 Joan Beardsley Amy Cloud Bess Christman Jim Cozad Doug Wadkins Term Expiring January, 2008: Dick Christensen Judy Hoover Kathleen O'Connor Debbie Raas David Robinson Orphalee Smith Gretchen White Judy Hoover Dick Christensen Linda Luke Gretchen White Hugh Fleetwood 228 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 91755-7406 Date : A 0 8 1994 INTERFAITH COALITION 2401 CORNWALL AVE BELLINGHAM, WA 98225-3414 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 91-1202013 Case Number: 954089037 Contact Person: TYRONE THOMAS Contact Telephone Number: (213) 894 -22 89 Our Letter Dated: November 30, 1990 Addendum Applies: No This -modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or 'contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a'section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this -letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, Richard e p6A6sco District Director Letter 1050 (DO/CG) t- 229 Attachment A RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: Sean Humphrey House Address: 163Q H Street Bellingham 98225 Phone: 360/733-9357 Contact Person: 41 Archer Indicate the amount of funding requested. Title: House Manager Amount $ 18,710 2005 SHR 2050 Operating Funds Request For Proposals 10 230 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: -Sear1A1 R wey.House! - (Name of proposing -organization or individual) Hereby certifies: That they meet the eligibility criteria as described in Section,1. Respondent Eligibility, page 3. /. 041 That the proposed program activities and services contained in this proposal have been designed in compliance with the Requesf for Proposals (RFP) requirements. AUTHORIZED SIGNER: na-n'((jLil_42-ri+/ (Type or Print,Legibly full na a of individual authorized to bind Proposal) - O e'g l a'-5 . (Signature f authorized signer) (Date) (Title) (Agency, if applicable) I:1HSV06G\M\Opemtions RFP 2006)Dmft 2060 Opaxtions RFP 05-XX.doc 14' 231 Attachment B WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #05-75 OPERATING FUNDS Application Agency Naml' e6:- Sean Humphrey House, Inc. Contact Name Al. Archer Fax 738-8808 Name of Signatory Authority Karen J. Durham Title of Signatory Authority Board Chair Phone 733-9357 Email seanhhouse@aol.com Contact Person (responsible for contract administration): Al Archer Briefly describe the project to be funded. Include the program/project title, and location, and a short Is this a local match for other funding? ®No ❑Yes If yes, amount of other funding Source of other funding Period of Performance: From: January 1, 2006 to � .-� -:De:cembeF, 3E `-006 The budget page refers to a calendar year January to December funding cycle. 1. Is your agency State and Federal. tax-exempt— 501(c)(3)? ❑No ®Yes (Attach copy of IRS Determination) Is your organization a governmental agency?)? ®No ❑Yes 1. Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? [:]No DYes 3. Does the agency conduct a regular financial audit or reviews with a certified public accountant? 4. [:]No ®Yes 5. Does your agency have a Board of Directors? ❑No ®Yes Ifyes, please attach a current list. 2005 SHB 2060 Operating Funds Request For Proposals 1 1 232 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice -of Funding Availability and Request for Proposals APPLICANT: Sean Humphrey House A. e PROPOSED SERVICE: Repair Heating Units; Upgrade Lighting Buduet Period January 1. M6 through December 31. 2006 -A- -B- 2060 OTHER .GRANT OTHER FUNDS PROGRAA DESCRIPTION COUNTY FUNDS {City, State, (Fees, Medicare, Ins., TOTAL FUNDS Fed, etc.) Donations, etc.) DSHS - Salaries/Wa es 154,392 151,385 ppa roll Taxes Donations Personnel Benefits 15,276, 32,038 Office/Operating Supplies . 3, 306 . Minor Equipment Professional Services Website Communications 250 Transportation Advertising Rentals Ppi Insurance 8,800 . Public Utilities 8,996 Repairs & Maintenance 10,050 707 Machine & E�ui ment ee attAclmbed , gene irustration 30,343 °scellanebus' MAC 12, 000 Residents.& HOPWA Rent Subsidy 101,066 House Security Other (Specify) 500 Total. Expenditures 101,066 181,688 JF236,325 2005 SHB 2060 Operating Funds Request For Proposals 13 233 08/29/05 12:23 V360 715 3250 JAN BOWMAN ASSOC lib002 T- 2005$ud et 2006 Proposed Budget REVENUE a Residents 37.938.001 - 37.938.00 b)HOPWA 25.200.00 25,200.00 c) R n White d DSHS e,720.00 154.392.00 0,720.00 154,392.00 a Donations Seclat Events 15.276.00 16.276.00 r) Vadous small events 5,300.00 5,300.000 )Mailers 4,100.00 4,100.00 8.000.00 456.00 I Other h S eakemlLuncheons 8,000.00 456.00 InleresllDMdends Totallncome 257,382.00 257,382.00 EXPENSE 1.0 orating a) Wageslsalarles 149,886.40 151,385.28 b Employee FICA Taxes 11,488.31 11,580.97 c Payroll taxes 8 benefits 20,266.00 20,45B.50 d EducaboMiratning 1,440.00 1,454.40 e Food Licenze3 10,B00.00 150.00 10,908.00 151.50 Medical waste disposal .618.00 521.18 h Prof. Liability Insurance 2,250.00 2,272.50 I Su!ppfieslrned su . 1,176.00 1,187.76 11) Operating ConUngency, 575.00 550.75 k Fundralsin Expenses Total Operating 180,515.7i 200,500.87 2. Administrative .1 AccounlinglAuditln 14,040.00 14,180,40 b Bank Fees 120.00 121.20 o Cixn uter/Wab page 260.00 252.50 ej FundralsIng Grant Wriling g) Legal frees 5,000.00 2,400.00 1,700.00 6,050.00 2.424.00 1,717:00 h Office suppries l Pet & Suppiles Postage !Courier k PrindngVCopft 912 00 276.00 456.00 700.00 021.12 278.76 400.58 707.00 I Telephone 2.400.00 2,424.00 m Administrative CantIngang 700.00 707.00 E Ui meet Lease 600.00 Professional Faes Board of DlrectoraftAm ing Expense Total Administrative 28,964.00 500.00 30,343.54 3. House a Cable 1.150.00 - 1,161.50 b) ElecWft 1,720.00 1,737.20 c Garbage 900.00 909.00 d Gas $290.00 2,312.90 e Insurance 6,200.00 6,262.00 Interest - g) Landscape S Yard 250.00 262-60 h) Repairs & MainL 1.500.00 1 5i5.00 security 350.00 353.60 Water/Sewer 1a100,00 1,i 11.01) k House Contingency 500.00 505.00 Total House 15,960.00 1a i19.60 Total Expenses 243,429.71 246,954.01 OPERATING SUPLUS! DEFICI 13AM29 10 417.99 Operating Reserves 12.452.29 12 578.81 Replacement Reserves NET REMAINING 1,500.00 1.500-00 (3,658.82 T. Rines 080/2005 234 1, Program Description: The requested funds will be used to pay regular public utility bills, service gas heaters in resident rooms, pay a service contract on the main furnace at Sean Humphrey House and allow us to retrofit the house with more efficient light fixtures and exterior security fixtures. We are concerned about the:slay rocicet�ng coast of natural gas Our main. heating source As well as costs ofall other utilities vc�hieh-are directly affected by :the puce of. oil/naiural gas. In addition we wish to operate our heating units at maximum efficiency. The individualhearing- units and the=-mgin amace-have not been, seMced -in 4, years bcG i � we have riot - d ui1ds' available to d'-a such service. We also proose to reptag affagfi 1. t fixtures which are currently in the house with fixtures that accom� date more efficient f4ua%AQ,0` lighting as well retrofitting the security lighting outside the house with more efficient "kX0 .tVt" fixtures. 2. Description of Agency: Sean Humphrey House is a residence facility with six resident apartments serving a poverty level population affected by HIV/AIDS. In addition residents are frequently suffering with Hepatitis C, drug and alcohol addiction and the social stigma attached thereto. Our mission is to provide a loving supportive environment, housing, food, medical care and life skills to assist persons with HIWAIDS to "learn to live once more". Sean Humphrey House celebrates its 10'h anniversary in meeting this mission effective January 4, 2006. We are one of only 3 such facilities in the State of Washington. The remaining agencies are in large urban areas (Seattle and Tacoma) and as such receive double the HOPWA (Housing Opportunities for Persons with AIDS) funding and double the Federal Ryan White funding. Sean Humphrey House has survived as an agency through some extreme financial hardship because of excellent financial management. The agency has proven itself to be a leader in providing housing and care to the HIV/AIDS population in Whatcom County for the past 10 years. As our 1 Oth year approaches we have expanded our services to include AA and NA meetings in the house as well as food service and emergency housing on a case by case basis to our former clients who are now living on their own. 3 Clients: Sean Humphrey House provides services described above to 6 residents all of whom are below the poverty level and.affected by HIV/AIDS as well as mental health, drug and alcohol addiction and related health issues such as Hepatitis C and other opportunistic infections associated with HIV. We provide AA and NA meeting space, social events such as holiday and birthday or anniversary dinners, as well as social events such as barbecues and "house parties" to our current clients their families and former residents. On a weekly basis we service up 235 to 30 HIV affected clients in a variety of ways. We have come to recognize that in learning to live again, socializing is of prime importance to our clients. 4.Outcomes: The specific outcome of our request would be to provide a warm, comfortable and secure atmosphere for our clients both in and out of the house and to help us control expenditures for heat and other utilities. Since the house has become a "center of activity" for the HIV/AIDS community the cost of utilities has gone up because the increased use of our facility assists us to accomplish our mission but truly impacts our budget negatively. Upgrading of exterior lights and security lights will allow us better management of our existing utility budget in the future. Documentation of outcomes will be achieved by comparing utility costs against the 2004-2005 budgets, adjusting for increased utility costs to measure efficiency and by scrutiny of our use of utilities for efficient use. Utility billings and invoices for the replacement of light fixtures and servicing of heat units and analysis of savings will be presented to the project manager for 2060.funding KEY PLAYERS: Sean Humphrey House manager, Al Archer, formerly managed the Light House Mission and will be responsible for implementing the services to our residents and out -of -house clients. He has demonstrated unique management skills. The House Committee headed by a Member of the Board of Directors will work with the manager to increase our efficient use of utilities. We collaborate with Evergreen AIDS Foundation in fund-raising, client services and with the City of Bellingham Housing Authority. We have received CTED development and remodeling funding through 2004. We have no funding sources that are contingent upon receipt of SHB 2060 funds. We do, however, receive funding from the following sources. • Housing Opportunities for Persons with AIDS (HOPWA) • Federal Ryan White funding • DSHS funding for client services • MAC Cosmetics -I year grant for nutritional services Respectfully submitted Karen J Durham Board Chair, Sean Humphrey House. 236 Internal Revenue Service Date: October 22, 2002 Sean Humphrey House A Non -Profit Corporation 1630 H St Bellingham, WA 98225 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Pat Mahan 31-04019 Customer Service Representative Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-375.6 Federal Identification Number: 91-1573874 This letter is in response to your request dated September 24, 2002, for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in October 1993 granted your organization exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. Based on informatics subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late,. unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes)- on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter, 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct -contributions to your organization as provided in section 170 of the Code. Bequests; legacies, -devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. 237 -2- Sean Humphrey House A Ikon -Profit Corporation 91-1573874 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. in this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. You are also required to make available for public inspection a copy of your organization's exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. `f he law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt status. Sincerely, g,w, Z � John E. Ricketts, Director, TE/GE Customer Account Services 238 Karen J. Durham, President 1110 E. Victor Street Bellingham, WA 98225 360/733-5380 (h) 360/201-0903 (cell) 360/671-4246 (w) 360/671-3665 (w/fax) Gloria Calderhead 2434 Huron Street Bellingham, WA 98226 360/756-6607 (h) 360/676-$990 (w) 360/734-5109 (w/fax) 360/303-1800 (cell) Elizabeth Page 2329 Williams Street Bellingham, WA 98225 360/733-2139 (h) 360/671-1721 (w) 360/5'27-3652 (w/fax) 360/303-6200; (cell) Barbara Brenner iNhatcom county Council 311 Grand Avenue, Suite 105 Bellingham, WA 98225 360/676-6690 (w) 360/738-2550 (w/fax) 360/3 84--2762'.(h) SEAM HU THREY HOUSE BOARD OF DIRECTORS email: durhamtennis@aol.com Mortgage Bankeri .American HomeMortgage 1756 Iowa Street Bellingham, WA 98226 email: glo@lummiislandrealestate.com Broker/Realtor Fairhaven Realty 1100 11th Street Bellingham, WA 98225 email: pagebenefitx@aol.com Volunteer Services Coordinator Puget Sound Blood Center B'ham Herald Bldg Suite 306 County Council Member 239 John Cooper e-mail: john@bellingham_org BellinghamlWhatcom Convention & Visitors Bureau President 904 Potter Street Bellingham., WA 98229 360/671-3990 (w). 360/380-3733 (h) Marla A. Webber 128 S. 20t'Street #1 . Graphic Designer Mount Vernon, WA 98273 360/848-7620 (h) 3.60/927-0885 (cell) - Val Berry, HR Director e-mail: Va1.Berry@wwu edu WWU MS 5221 516 High Street Human Resources Director, WWU Bellingham, WA 98225 360/650-3774 (w) Mailing Address: 1592 Sudden Valley 360/788-0360 (w/fax) Bellingham WA 98229 360/223-1208 (cell). July 2005 240 Attachment A COVER SHEET RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: 40a"1i4 Address: PO Box 28487 Bellingham, WA 98228 (mailing) 1701 Gladstone Bellingham, WA 98229 (physical) Phone: (360) 671-7663 Contact Person: Teresa Josephson Title: Executive Director � 6 ¢� Indicate the amount of funding requested. Amount $ 40,000.00 241 Attachment B G��M1 CO Or 9slyING� WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #05-75 OPERATING FUNDS Application Agency Name Lydia Place Contact NameTPrP-sa Josephson (360) 671-7036 Fax Name of Signatory Authority Teresa Josephson Tale of Signatory Authority Executive Director Phone (n. M 671-76AA iydia'placeed@qwest.net Email Contact Person (responsible for contract administration) Teresa Josephson Briefly describe the project to be funded. Include the program/project title, and location,. and a short 1-sentence description. Transitional housina for women with children. including.case.,manaa.ement:.Jife,.skills; training:..a Amount Requested $ 40,000.00 Is this a local match for other funding? ❑No ❑Yes If yes, amount of other funding Source of other funding: Period of Performance: From:JanuaN 1, 2006 ' to December 31, 2006 The budget page refers to a calendar year January to December funding cycle. 1. Is your agency State and Federal tax-exempt— 501(c)(3)? ❑No Yes Attach copy of IRS Determination.) Is your organization a govemmental agency. )? No El Yes 2_ Is the agency financial management conduc ed in accordance with AAP — Generally Accepted Accounting Procedures? ❑No ZYes 3. Does the agency conduct a regular financial audit or reviews with a certified public accountant? ❑No VYes 4. Does your agency have a Board of Directors? ❑No VrYes if yes, please attach a current list. 2005 SEB 2060 Operating Funds Request For Proposals 242 Limit narrative response to maximum three (3) pages. I. Program description —describe the specific use or activity for which SHM 2060 funds are being requested. -Lydia Place provides a six-month transitional housing program featuring an eight -bedroom house with a large kitchen, living room, children's play room, laundry room and four bathrooms. Each family has a private bedroom and shares the rest of the house. We have a large fenced yard and are located close to the bus line, community pool, civic field, and elementary and middle schools. There are two components to our in-house program -- The Women's Proaram, under the direction of the Case Management Supervisor, is designed to provide each family the opportunity to both reorganize and restructure their lives or to "begin again! As the woman meets with her Case Manager, one of her objectives will be to explore her situation in a safe, nonjudgmental environment and to set goals for her future. The goals that each woman set will vary according to her needs. She will monitor these goals with the support and assistance of her Case Manager. Each woman will meet a minimum of one hour per week with her Case Manager. In addition, she will also meet weekly with the Family Services Coordinator to discuss parenting and other concerns about her children. The Lydia Place Life Skills Training Program includes two two-hour evening sessions per week. These sessions focus on parenting, budgeting, communication skills, domestic violence awareness, problem solving skills and healthtsafety issues. After graduating from the six-month program, the woman can then participate in the one-year Follow- up Program, which is designed to provide continued support for her progress towards self-sufficiency. The Children's Therapeutic Program, under the guidance of the Family Services Coordinator, consists of two components -- the parenting component specifically involves the mothers in leaming parenting skills and the children's component which is designed to provide the children with the opportunity to develop trust, increase communication skills and introduce methods of anger management. The Family Services Coordinator meets with each parent individually a minimum of once each week. These meetings result in personal goal setting by the parent, evaluation of parenting skills and help in accessing community resources such as counseling and other children's services. The Coordinator and her staff meet one-on-one with each child for one hour, once a week. They also meet with the children in a group setting, for two hours, twice each week. These sessions focus on communicating feelings, trust building, coping skills, self empowerment, safety and family dynamics. These two components, working together, help to break the cycle of violence and homelessness that have affected both the children and their mothers. 2. Describe your agency a) What is the mission of your agency? The Lydia Place mission statement — °Lydia Place provides a multi -faceted program that supports women and their children in transition from homelessness to independence"— is the basis for all aspects of our program and is fulfilled by serving women and their children by offering shelter, life -skills training and the support needed to enable them to move from poverty to self-support and independence. b) Include a brief history that describes and documents your experience with the type of program for which you are requesting SHB 2060 funding Lydia Place opened in 1989 as a means to address the two primary needs of homeless women in the community: housing and employment. Initiated by a task force of Church Women United, Lydia Place is now a nonprofit corporation under the direction of a Volunteer Board of Directors. Since 2002, 22 families that graduated from the six-month Lydia Place Program have maintained their permanent housing. One hundred percent of the ten families that participated in the Follow-up Program in 2004 maintained permanent housing and are well on their way to self-sufficiency. The Lydia Place Program is making permanent changes in the families we serve by respecting each family's uniqueness and opening their eyes to the strength that each family possesses. c) Specify the advantages of this approach to the problem being addressed. 2005 SHB 2060 Operating Funds Request For Proposals 2 243 Lydia Place is the only six-month Transitional Housing facility in Bellingham that has a comprehensive in-house program that is mandatory for the residents. We offer communal living with trained staff available for our clients 24 hours a day. d) Describe your agency's capacity to deliver fhe service for which you are requesting funding Lydia Place has been serving homeless women and their children for sixteen years. We are active members of the Domestic Violence task force, Whatcom County Homeless Coalition, United Way Director's Committee, the Whatcom County Housing Providers Committee and the Washington State Coalition Against Domestic Violence. The Lydia Place program was developed and implemented in 1996 to address the obstacles facing the women and children staying at Lydia Place. The Board of Directors created a Program Management & Development Committee with the focus of ensuring that "Lydia Place is of maximum effect to the community through programs and services being responsive to the current and emerging needs of the community" and the clients we serve. The committee was comprised of community volunteers with professional expertise in childhood education, human services and the health fields_ These individuals created a mandatory program that addressed all the key issues that had been identified as barriers to the families achieving independence and self-sufficiency after residing at Lydia Place. The present day Program Committee continues to provide vision, guidance and oversight of the ongoing design and development of all Lydia Place programs. The Lydia Place program is continually evaluated for relevance and effectiveness for the Lydia Place program participants. The current Lydia Place staff that provide direct client services, the Case Management Supervisor and the Family Services Coordinator, hold bachelors degrees in Human Services from Western Washington University. These staff members have extensive experience with working with the homeless and victims of domestic violence. We currently have three staff members in client support positions that are past Lydia Place clients. 3. Clients a) What specific Low-income population will funds be used to support? Homeless women and their children. b) Number of clients served by low-income population. 2001 2002 2003 2004 Women 32 24 25 17 Children 49 36 42 36 Bed nights 4774 5703 4639 5655 c) What specific need or needs will be addressed with 2060 funding? Whatcom County has roughly 839 homeless people living within its boundaries, according to the results from the January 2005 "Point in Time "count. About a fourth of clients responding to the count, listed domestic violence as a cause fore their homelessness. On any given day families seeking shelter in Whatcom County would need 839 beds, with only 443 emergency or transitional beds available. These two statistics alone paint a bleak picture for women and children fleeing Domestic Violence situations. We have been at capacity for the past three years as indicated in the following statistics. 2001 2002 2003 2004 Total number of completed intakes 123 146 98 95 Total number of families provided with shelter 32 24 25 17 Total number of families turned away* 91 122 73 ' 68 *Clients were turned away because Lydia Place was at capacity 4. Outcomes a) Describe the specific expected outcomes and results to be achieved from this funding. 2005 SM 2060 Operating Funds Request For proposals 244 Goal: Provide immediate solution to homelessness in our community by supplying safe, temporary housing to homeless women and their children. Activity: Notify appropriate local agencies (Womencare, Opportunity council, YWCA, Agape House and New Way Ministries. Maintain an in-house file of potential, eligible clients. Outcome: To provide safe, temporary housing to a minimum of 45 women and children per year. Goal: All in-house residents will receive individualized case management and parenting support. (During these sessions personal goals will be set and documented.) Activity: Provide weekly, mandatory case management sessions. Provide weekly, mandatory parenting support sessions. Mandatory Parenting and Life Skills Workshops. Outcome: 60% of families will meet personal goals set in case management sessions. b) How will you document whether the outcomes were achieved? When a client enters Lydia Place, she completes an intake assessment that is repeated at the completion of the six-month program and again at the completion of the Follow-up Program. Staff maintains client service records that document client progress. Monthly statistics are recorded through out the month in each client file, staff is required monthly to verify and record statistics on an in-house report, which is used to create reports for our funders. 5. Key Players a) Who will be responsible for implementing this project or service? The following staff provides the majority of the direct client services; they are supported by trained volunteers and WWU Interns. The Case Manager will work directly with each woman to establish and monitor individual goals. This will also include accessing community resources, counseling, medical, legal and other services needed for the women and their children. The Case Manager will also serve as a client -advocate, to foster coordination and cooperation with other agencies to achieve the goals the client has set for herself and her children. The Case Manager also schedules and evaluates presenters for the Life Skills Workshops and provides house supervision as part of 24-hour coverage. This position is responsible for evaluation of clients using current assessment tools_ The Family Services Coordinator and her staff meet with the children in a group setting, for two hours, twice each week these sessions consist of activities designed to foster interpersonal skills, communications skills and self-control. The Family Services Coordinator is responsible for conducting regular parent education groups and meeting with each parent individually a minimum of once each week. The Night Managers are responsible for maintaining the safety of the house and clients in residence. In case of emergency they will coordinate any crisis intervention that is required. They also provide house supervision as part of 24-hour coverage. The Executive Director provides leadership and supervision to all aspects of the Lydia Place program. This is accomplished through individual oversight meetings with the Case Manager Supervisor and Family Services Coordinator, weekly staff meetings and monthly program committee meetings. The Executive Director will be responsible for maintaining statistical information, summarizing client assessments and preparing outcome -based reports. This staff person will also write proposals, prepare and monitor the budget and work with the Board of Directors to determine a diversified funding plan, which includes fundraising events, donor appeals, and private funding. b) List any collaborative efforts with other agencies that are involved in this program. Womencare Shelter offers emergency shelter (30 —60 days) to families that are victims of domestic violence. Dorothy Place offers transitional housing, in single family apartments for up to 24 months. Lydia Place is currently working with these agencies to provide our clients with a continuum of support. A family fleeing a domestic violence situation may secure shelter at Womencare, then after 30 days the family may transition into Lydia Place. if after graduating from the Lydia Place program this family can 1005 SHB 2060 Operating Funds Request For Propossh 245 still benefit from support services they may move into Dorothy Place. Lydia Place has a Memorandum of Understanding with two local agencies. We have an agreement with Womencare to provide emergency services to victims of Domestic Violence when the need for a confidential location is not necessary or if Womencare. is at capacity. The Whatcom Volunteer Center coordinates with Lydia Place to provide volunteers to assist with programs, client support, and fundraising. Bellingham Food Bank through the Alternative to Hunger Program provides Lydia Place resident with USDA commodity foods. 6. Budget Information (for existing programs) Complete the attached budget proposal. a) Itemize budget. b) If applicable, describe in your narrative any sources of funding for expenses listed in Column B or C that are contingent on receiving SHB 2060 funds and the status of that funding. 2005 SM 2060 Operating Am& Request For Proposals 5 246 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT: Lydia Place PROPOSED SERVICE: Transitional Housing Budget Period January 1, 2006 through December 31, 2006 DESCRIPTION -A- 2060 COUNTY FUNDS -B- OTHER GRANT FUNDS (City, State, Fed, etc.) -C. OTHER FUNDS (Fees, Medicare, InsDonations, ., etc.) -D- PROGRAM TOTAL Sa[ariestmge°s 40;000 Bellingham City Program Fees 136,298 Personnel Benefits 25,562 5,000 16,500 Office/OperatingOffice/Operating Supplies Whatcom County Wise Bus 13,818 Minor E ui ment 10,000 18,000 1,200 Professional Services Private Found. Fundraising 14,756 Communications 22,000 63,000 6,200 Transportation THOR Donations 900 Advertising 6,689 23,400 2,100 Rentals United Way A United Way D Insurance 15,000 13,500 8,700 Public Utilities Earned Income 7,700 Repairs & Maintenance 3,750 7,200 Machinery & Equipment Agency Administration 25,029 Miscellaneous 2,500 Rent Subsidy Other - Staff Training 3,000 Total Expenditures 40,000 79,261 126,650 245,901 2005 SHB 2060 Operating Funds Request For Propasals 6 247 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: Lydia Place (Name of proposing organization or individual) Hereby certifies: Attachment D That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. AND That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposal (RFP) requirements. AUTHORIZED SIGNER (Type or Print of individual authorized to bind Proposal) V'122/11 43.Z=6 3a /Zenn's &krr-ifff authorized signer) (Date) Executive Director (Title) Lydia Place (Agency, if applicable) I-WS12060WP12%0 operations Rl:P 04.79.doo 7 248 1 E V 7' , _INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 2 CUPANIA CIRCLE MONTEREY PARK, CA 9175S-7406 Date : FE8 0 8 1994 LYDIA PLACE A NONPROFIT CORPORATION C c/D J-aneP- [-.ictz-sk ;_701 GLADSTONE BELLINGHAM, WA 98226-5329 Dear Applicant: DEPARTMENT OF THE TREASiTRY Employer Identification Number: 94-3111948 Case Number: 954025091 Contact Person: TYRONE THOMAS Contact Telephone Number: (213) 894-2289 Our Letter Dated: April 06, 1990 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private oundation within the meaning of section S09(a) of the Code because you are an organization of the type described in section S09(a)(1) and 170(b)(1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she accfaired knowledge that the Internal Revenue Service had given notice that yc: would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private rourdation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. sincerely yours, Richard R. Orosco District Director Letter 1050 (DvrCGj 249 Lydia Place BOARD OF DIRECTORS Robin Kleinhampl , Loan Administration Specialist, Banner Bank President Board President, Kulshan Kiwanis Salvation Army Jessica Staten Accounting Manager, Whatcom County Council on Aging Treasurer Former Board Member, FEMA Maya Hartford Card Services Specialist, Whatcom Educational Credit Union Secretary Barbara Klein Paralegal, Northwest Justice Project Immediate Past Former Board President, Opportunity Council President Turning Point Advisory Committee Bonnie Bradley Administration, Brown & Cole Stores Jacie DeLaruelle Administration, Western Washington University Fran Dodson Workfirst Coordinator, Bellingham Technical College Jim Harber Agent, State Farm Insurance Kulshan Kiwanis member Violet Malone Retired, Western Washington University David Nelson Attorney, Nelson, Brinson, Thigpen, & Fryer Former Board President, Evergreen Aids Foundation Former Board President, Big Brothers, Big Sisters Former Board President, Whatcom County Bar Association Scott Richardson Insurance Agent, Allstate Diane Wood Former Executive Director at Womencare Shelter Tiffani Mills Former Lydia Place resident Full-time Student Cindy Daily Retail Management Dave Brumbaugh Small Business Owner / Publicist 250 Attachment A RFP #04-79 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: New Way Ministries Address: 205 So. B.C. Ave Suite 117, Lynden, Wa. 98264 Phone: 360-354-9930 Contact Person: Mary Kaehr, Title: Program Director Indicate the amount of funding requested. Amount $20,000 �J s41 � I l , �SZ 2005 SUB 2060 Operating Finds Request For Proposals 1 () 251 Attachment B 0M CEO y 4& I' r.t WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #04-79 OPERATING FUNDS Application Agency Name New Way Ministries Name of Signatory Authority Jim Grennell Title of Signatory Authority Executive Director Contact Person (responsible for contract administration) Jim Grennell Briefly describe the project to be funded. Include the program/project title, and location, and a short 1- sentence description. New Way Ministries is a transitional/emergency housing program for women and children who are homeless because of family crisis, domestic violence or other circumstances creating a need for temporary or emergency housing. Program location is in Lynden, Wa serving Whatcom County. Amount Requested $20,000 Is this a local match for other funding? X No ❑Yes If yes, amount of other funding Source of other funding Period of Performance: From:jan ua 1,?006 to Dec 31, 2006 The budget page refers to a calendar year January to December funding cycle. I. Is your agency State and Federal tax-exempt — 501(c)(3)? ❑No X Yes (Attach copy of IRS Determination.) Is your organization a governmental agency? )? []No ❑Yes 2. Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? ❑No X Yes 3. Does the agency conduct a regular financial auditor reviews with a certified public accountant? 4. ❑NoX Yes 5. Does your agency have a Board of Directors? ❑No X Yes If yes, please attach a current list. 2005 SHB 2060 Operating Funds Request For Proposals. I y 252 Limit narrative response to maximum three ( 3) pages. 1. Program description — describe the specific use or activity for which SHM 2060 funds are being requested. 2. Describe your agency a) What is the mission of your agency? b) Include a brief history that describes your experience with the type of program for which you are requesting SHB 2060 funding c) Specify the advantages of this approach to the problem being addressed. Why is this approach superior to other possible solutions? d) Describe your agency's capacity to deliver the service for which you are requesting funding 3. Clients a) What population will be service with this project/program? b) What specific need or needs will be addressed with this program/project? 4. Outcomes a) Describe the expected outcomes and results to be achieved from this funding. b) How will you document whether the outcomes were achieved? 5. Key Players a) Who will be responsible for implementing this project or service? b) List any collaborative efforts with other agencies that are involved in this program. 6. Budget Information (for existing programs) Complete the attached budget proposal. a) Itemize budget. b) If applicable, describe in your narrative any sources of funding for expenses listed in Column B or C that are contingent on receiving SHB 2060 funds and the status of that funding.. 2005 SHB 2060 Operating Funds Request For Proposals 17 253 1. Program description — describe the specific use or activity for which SHM 2060 funds are being requested. 2060 funds will be used to provide immediate, safe access to the New Way program after an initial screening and qualification. Funds will also ensure the availability of emergency lodging and shelter rooms to women and children coming to New Way either by referral or direct contact with the program. Program emphasis is for women and their children who have become homeless due to situations out of their control. They are provided with a furnished living unit, which includes a private bathroom, basic nutrition supplies, personal hygiene items, linens, clothing and laundry facilities. Additional services also available if needed include: counseling, job referral, transportation, parenting classes, advocacy and support to move into permanent housing, children's play therapy classes, educational sessions on finance and budgeting and furnishings to set up a new living arrangement in the community when practical and safe to do so. 2. Describe your agency. a. What is the mission of your agency? The mission of New Way is to offer hope to homeless women and their children in crisis by providing them with a transitional living situation that gives them a chance to re -assess, re-evaluate and research ways to re- enter the community. This is accomplished through establishing an atmosphere of caring, compassion and trust combined with a formal program 'of accountability steps to help them along a path of life changing action. b. Include a brief history that describes your experience with the type of program for which you are requesting SHB 2060 funding. In April of 2003, New Way opened its doors to five (5) families consisting of homeless women and their children. Since that time New Way has assisted 46 families with temporary housing, advocacy support and personal counseling in a caring, compassionate setting. With last years 2060 funding, we were able to impact the North Whatcom County in a dramatic way where there were no previously "Urgent Care" programs available for women. c. Specify the advantages of this approach to the problem being addressed. Why is this approach superior to other possible solutions? New Way serves the area of north Whatcom Whatcom County, Wa., where there is a lack of transitional living programs to meet the huge demand for these kinds of programs. Because each family comes from different situations and characteristics, New Way Staff has the ability to develop a program specifically designed and tailored to meet the particular needs for that family. Some need more services resulting in a longer stay than others. A determination is eventually made that may 254 move the emergency stay into a longer process of evaluation and stability. Another crucial advantage is the fact that women can keep their children in local schools for continuity. d. Describe your agency's capacity to deliver the service for which you are requesting funding. New Way has the flexibility to accommodate the above mentioned process because of the "transitional program" component in place allowing of up to a six-month stay a viable possibility. With nine (9) total rooms available, New Way is in a unique position to meet the needs as they come even in the area of "Urgent Need". The facility location is also a great asset to the capacity potential of the program. It is on the WTA Bus Line; located in a quiet residential community close to schools, shopping and many other vital social and community services, some of which are located in the present facility. In addition, the program is under the umbrella of a parent organization that has a 35 year track record of meeting basic human needs in North Whatcom County communities. 3. Clients a. What population will be serviced with this project/program? Single women with children in crisis and emergency who are in desperate need of immediate temporary housing. b. What specific need or needs will be addressed with this program/project? If space is available, the family is accepted into the program, provided with a living unit with private bathroom. They have full access to laundry facilities, kitchen dining and living room. They will work with their case manager on personal and financial goals. They will attend programs on finances, relationships, parenting and life -skills. They will be provided the resources and tools necessary to go from our program to suitable, affordable housing. 4. Outcomes a. Describe the expected outcomes and results to be achieved from this funding. Expected Outcomes and goals emphasize that our clients will eventually become contributing, self-sufficient members of the community. b. How will you document whether the outcomes were achieved? There is a follow-up program for the client's once they leave the program. The women and their children are welcome to attend life skill program nights. We will continue to support and advocate for them at 2 255 their request. We will provide information to landlords and other agencies per client's request to help obtain housing and employment. Through exit interviews, follow-up programs and information shared with collaborative agencies, we are able to continue to learn about the clients' growth and progress. 5. Key Players - a. Who will be responsible for implementing this project/service? At present, we have two thirty -hour employees implementing these services. The two main people responsible are: The Program Director and Case Manager, (who is also managing the Children's Program). Because we are a 24/7/365 program, we also have a pool of night managers who are "key" players and vital to the program. b. List any collaborative efforts with other agencies that are involved in this program. In an effort to maintain the highest level of partnership with other agencies we have effective collaborative efforts in place for information and referral. Here is a list of our partner agencies: Opportunity Council, Agape House, Womencare Shelter, Lydia Place, St. Joseph's Hospital, DSHS, Law Advocates, Blue Skies for Children, Bellingham Housing Authority, Brigid Collins House, YWCA, Project Hope/Food Bank, The Whatcom Dream, Hope Counseling, Sea Mar, Family Community Services, Northwest Youth Services, Western Wa. Univ. (Internship Program) and other local community service organizations in the greater Whatcom County community. 3 256 Attachment C 2005 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT New Way Ministries PROPOSED SERVICE Transitional Living -Program Budqet Period January 1, 2006 through December 31, 2006 DESCRIPTION -A- 2060 COUNTY FUNDS -B- OTHER GRANT FUNDS (City, State, Fed, etc.) -C- OTHER FUNDS (Fees, Medicare, Ins., Donations, etc.) -D- PROGRAM TOTAL Salaries/Wages . 11,582 56,517 68,099 Personnel Benefits 1,350 6,458 7,808 Office/Operating Supplies 648 3,100 3,748 Minor Equipment Professional Services Communications 360 1,774 2,134 Transportation Advertising Rentals 3,648 7,344 9,740 20,732 Insurance 450 2,153 2,603 Public Utilities 558 2,669 3,227 Repairs & Maintenance 324 1,550 1,874 Machinery & Equipment Agency Administration 1,080 5,166 6,246 Miscellaneous Rent Subsidy Other (Specify) Total Expenditures 20,000 7,344 89,127 116,471 2005 SIB 2060 Operating Ands Request For Proposals 1 ll 257 2005 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: New Way Ministries (Name of. proposing organization or individual) Hereby certifies: Attachment D That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page.3. WIMP That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposal (RFP) requirements. AUTHORIZED SIGNER (Type or Print Legibly full name of individual authorized to bind Proposal) (Signature of authorized signer) (Date) Executive Director (Title) Project Hope (Agency, if applicable) I'IE \20601RFP12060 Operations RFP 04.79.doe 258 co W �m E c CD k mmIM i0) (M m0 M MCP rn E m m air m cm cc -CCc-ca a5aa•fla5 ••csa m fla �•oa• Q J m J -j 0 r m O o y 0 �_ d' m COCf) �y .0 R � N N C LU r O •3d Q 'C7 D O U � N 7 •� S c — o —1 060 0 ❑ r m b tll 0 .— m % E v m Q 7 Cy. 7 ue O C c�tqq •'pmp V a O U' O§C7YYi9 WU Q �� 0 Q Cr r- r- L co a r 0 it co Ln 2 iM cD co N c*� COr r' O m r r� co r r aD ,r r aD r, r m O] W C V y = fC LU N E o — — C a ° is E 0 � 118 E a°ID E a LUY m C m. N to C-4 CO 'r ti N OOD ti 04 O N N O O J � N u•? r fD O r- u7 h v -T N # t N r r eh ti LU co c0 r co r W p r LU co r- CO U N ao z n to m r- O O co ; r- rl- O r O CO r` r 0 LO 4 (O N O 4 r f0 a0 CO r r [ia r r Sp G6 r� Cb f~A 0 M ch c) � M M } M M to N m m Q 01 � r,� co �� �! r O 00) W 1LU LU r� co s M O_ ` aq � 0 u 3i �7i 4 °b u�i v�i � abco � co S 4 Z co cf3 c9 co co t) cf3 0) m fir) fry 2 M rl � M ar w ID O 6 U to T O CA m m U O W Q 0 c •� Uf? F' Y 4 (J} Q L C'a a C. ❑ C m 6� C m 0UL G 0¢ P Z p O m m O tlCl C, •C = W m Li C f+ mv m m p on c�a `> 40 o m A .a STATE of WASHINGION RETARY cf STATE I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to - NEW WAY MINISTRIES A Washington Non -Profit Corporation. Articles of Incorporation were filed for record in this office on the date indicated below UBI Number: 602 249 127 rr�ararrr . Halir [ "N ■Tr. ■rrr ■1■[r ■IN rirr N. r rTra stir\} u •.u.' eu MA Ha.■ rrxrru ■rlall -r!Vaasa W. ea Hams: r ■a1i 2 v Date: November 12, 2002 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital c4vi- Sam Reed, Secretory of State - SEC r ; :,b8264-1411 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Ms. Smith #31-07262 Customer Service Representative Toll Free Telephone Number:. 8:00 A.M. to 9:30 P.M. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 91-0858511 This is in response to your correspondence requesting a name change and a copy of your organization's determination letter. This will take the place of the copy you requested. In April 1970 we issued a determination letter that recognized your organization as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in effect. We classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1)(A)(i). This classification was based on the assumption that your organization's operations would contnue as stated in your )lication. If your sources of support, character, method of operations, or purposes have changed, please i,, us know so we can consider the effect of the change on your organization's exempt and foundation status. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). If your organization is a church or a qualified church -controlled organization as defined in section 3121(w)(3) of the Code, it may elect to exclude wages paid to its employees (other than for services performed in an unrelated trade or business) for social security taxes. 'his election must be made by filing Form 8274 by the day before the date the organization's first quarterly employment tax return would be due under the revised. law. If your organization makes this election, .its employees who earn $100 or more during a calendar year become liable for the payment of the self-employment tax on the wages the organization pays them. Donors may deduct contributions to your organization `as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code_ If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. in this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. 261 : (2) Christiari`Ha'=:Association s you to make available for public inspection a copy of your organization's exemption '}oh; any supporting documents and the exemption letter to any individual who requests such i c is in person or in writing. You can charge only a reasonable fee for reproduction and actual postage > U s:for the copied materials. The law does not require you to provide copies of public inspection ::uments that are widely available, such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you'do not make these documents available for public inspection. Because this letter could help resolve questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. Please accept our apology for the delay in responding to your request and for any inconvenience this may cause you or your organization. If you have any questions, please call us at the telephone number shown in the heading of this letter. i This letter affirms your organization's exempt status. Sincerely, John E. Ricketts Director, TEIGE CAS 262 005 10 t 13 AM P12dJECTHOPE 3603540629 B-08-2005 TUE 09.47 AM SSK INSURANCE FAX HO. 1 380 364 1946 � . CERTIFICATE OF LIABILITY .INSU.MNCE cmi TNWZffR1iFICATE.IS INSUE ] AR,� AUT Rnmoov mmlox lemmar TRa O}i4YA N: GQHFHit�3 NO:hIdIHTd! UPGt 50 iFwout I wont HOU1�# ;1 HI6 OF.f 71FICri'iE DDBa N4' A.Q. am$ 551 AUR.-T� p��Ti�IS+�I7!►1<�OkGED dY Twadon WA 9e204 .>?Iseri�i Stir? 35f-aaa>a >rax.3¢Ar354-1�4i IlN01!$R�R3AI'PIIQ;01iVRAQE F� Rta11Rd0 w ' FNGI�PtKAi .C.: i�z1 .�ali�las ae�w. r� IN9UVRC. GG au C. Ave jIi05 DSU MR� 1414don WA 90264 ausul� �, r rAa.K ar.INLTItANC¢L1d713DE1!LCSMIr�nV Mlzld UFo`�G.T7R1kiiiODkM4lmAmeFoRmpaucYP iGi vaoc117toma m w&r +riYFfaOLNIFeNRN� TORM ORPOWMON QF AW L0HT' &OR OT iW7G4Y PW- MATH itF;$ O& TO m7iGi TM{>> 711hG►T1 K1 OO MW= 1d14M 71 K-THrm RSUHANG� AI'Fdwtq ac.tHF:1iDLl¢ICf piBCR>gEp ItAEIk 18 �UaJtCTio AtL71� 7xRlRS. �W&14�6 AND COFlCIiMO VO FaI ICtiiEb;�d�icwTe ��nfs �MMW MAT MVE 6l&R�Cm a- PAW CLVU5. J<0[IC1r Ngl1lfR' 4GfEfFAl.1.lIMR1TY �atl Cprplllu C4"ioGALdew-M1LLlAaRRr- .Tee0394lynsocoros Sara CLJVh (MADE OCCUFt� , iW UPfilt+v A' I >sa>rinraa :i�oteiMrs __� ___ ._ . _.. l9 D5 t1l/:-io+eoFUF.ar a+►TR wwalrrrwl oz/oli,�o� ?RIiAaT117T1 MOOR i In MUM MAM 'OCIeLA$l��PAT'�iL1NITF1t�r'^u-le�sir�l r j ':PfrnAUCTB-COMIP1oPAoa;:s: At�fO�lEdaM>17:lMIUI�' I j I � Al1YJ41Tp . FraG�yR`DicsuLilAFT I ALL4MVNFiDA1lTOa EOfl14Ygi1l1AY MoQpAlJW - FIODILYl�LNFTf A Kek Fa�lLlfpa { tfrrad .nq MAAU iFaeukilLrt�r ; . wraol'ILY-EAACCI�t!NT. e I A$IfAi7Ta IfAACG 0 � Y' Aae X I �'tkOILJCi[ns[LIi4 - 'lFd9Me j T$>�'Ctl.''3+�iW76�TtItiO 02/12f0s 02l7210G.:.�il1N4i►TF fACHBCCtmRrHGN � :e: CANMUATIQN IgAJLCO.O 2HOfA60AwcFThTA1i&macoi.kFlrDPOLICaptain.rriri�rnApj�pKiM1iN1�IP�i}� DAYS WV WF.%WJl&UlWGVMMRWKLUOdAWRTOMR. Lq— wm%RRFm N7fR.7: TO TW CEMIFIpATO F{G6njR KAM 7070 LRRf■OW PAiliWTO PO 06 S MLL .1W 'I:C;om CO=ty Health Dept Y1f'09F:1tD0eL0AT[OICGRLFA�fijt7fO1'Ali+r%1NDt1PdMTlilleAt�B.�sSAGRlifatAR 3 :rid 7raxd Ot RRREee11TA11%49. Ago RD:a.'q Gtia . Woei n rusk ^Caro coobF�lT9aN fAd� 263 9 RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: Northwest Youth Services Address: 1020 North State Street Bellingham, WA 98225 Phone: 360-734-9862 Contact Person: Anne Larson Title: Associate Director Indicate the amount of funding requested. Amount $28,800 Attachment A 264 WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #05-75 OPERATING FUNDS Application Agency Name Northwest Youth Services Contact Name Anne Larson Attachment B Phone 734-9862 ext. 131 Fax 734-4720 Email: annel@northwestyoethservices.org Name of Signatory Authority David Webster Title of Signatory Authority Executive Director Contact Person {responsible for contract administration} Anne Larson Briefly describe the project to be funded. Include the program/project title, and location, and a short 1-sentence description. "NWYS Host Home". A licensed home staffed 24 hours a day for 14-17 year old homeless youth in Whatcom County. Amount requested: Is this a local match for other funding? ❑No ❑ X Yes .if yes, amount of other funding? Source of other funding? RHYA, Period of Performance: From: January 1, 2006 to December 31, 2006 The budget page refers to -a calendar year January to December funding cycle. 1. Is your agency State and Federal tax-exempt — 501(c)(3)? ❑No ❑ X Yes (Attach copy of IRS Determination.) 2. Is your organization a governmental agency? ❑ X no ❑ Yes 3. Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? ❑No ❑ X Yes 4. Does the agency conduct a regular financial audit or reviews with a certified public accountant? ❑No ❑ X Yes . 5. Does your agency have a Board of Directors? ❑No ❑ X Yes If yes, please attach a current list. 2 265 1. Program description — describe the specific use or activity for which SHM 2060 funds are being requested. NWYS provides a continuum of housing options from short-term emergency placements to long-term transitional housing for up to 24 months. Our programs are designed to assist homeless youth in achieving self-sufficiency and avoid a long-term state of homelessness and dependence on social services. • Serve youth ages 10 —21, including pregnant/parenting youth and their infants. • Provide stable, supportive living with comprehensive case management. • Provide access to necessary wrap around services within our agency and through agreements with other mental health, drug and alcohol, health, and dental providers. • Provide referrals and linkages with multiple community resources, including but not limited to, linking youth up with other public entitlements, vocational resources, service learning opportunities, youth development opportunities, mentoring, employment and financial assistance. • Youth under 18 are housed in a Host Home, a licensed foster home with Host Parent(s) who serve as safe, supportive role models and provide parenting, life skills, structure, supervision, and communication with program staff to assist. in finding permanent placement. Funding Proposal: 2060 Funding will be used to facilitate operations of our 4 bed, Host Home for youth between the ages of 14 and 17. The Host Home is staffed 24-hours a day with live-in "Host Parents"_ Youth are also supported by case managers and they receive the same array of services currently provided to youth in our scattered'site Transitional Living and Shelter Programs described above. Funds are requested to su o v bo, costs. siesgeyodrn.-h4ufcifleanguA. r ucsted for program- aft and aeooiintilig--4' f'f salaries. and benefits. This Host Home was or in order` to fulfill a longstanding need in the community to provide stable shelter and transitional housing for homeless youth who are too old to receive services prioritized for 10-13 year olds, yet are too young to live independently. It also serves as a bridge for youth who will turn 18 and are eligible for long-term placement in the scattered site Transitional Living Program, Job -Corps, the military, or other programs. 2060 funds for the 2005 calendar year have been used to facilitate startup of this program. This Program will cost NWYS $158,5621year We request 2060 funding -for the Host Home in the amount of : $28,800 Awarded funds will help us match/leverage $200,006 of federal moneys. 3 266 2. Describe your agency: a.) What is the mission of your agency? Northwest' Youth Services (NWYS), a non-profit accredited agency, has a vision of a society that values children and youth and promotes their healthy development. For over 29 years the mission of NWYS has been to provide counseling, foster care, shelter and other community -based services for addressing the immediate and long- term needs of at -risk children and youth, and to serve as a resource for families in times of stress and transition. b.) Include a brief history that describes your experience with the type of program for which you are requesting SHB 2060 funding. Northwest Youth Services (NWYS), a fully accredited non-profit social service agency, has been providing shelter to runaway/homeless, abused and neglected youth since 1976. NWYS is the only agency in the area that operates a Transitional Living Program specifically for homeless youth ages 16 —21 years. Referrals are received from youth themselves, schools, police, DCFS, other transitional living clients, and other community agencies/providers. NWYS also provides the only 24-hour crisis hotline for youth with immediate response and mobile services within Whatcom County. c.) Specify the advantages of this approach to the problem being addressed. This model provides a safe place specifically staffed to meet the unique needs of this age group. By leasing and staffing this licensed foster home, we are able to consistently provide safe placement for up to 4 youth at one time. We also create an opportunity to intervene, assess, and stabilize the youth before they need more intensive social, treatment, or legal services. 3. Clients What population will receive services with this projectlprogram? Homeless or runaway male and female youth between the ages of 14 to 17. 4. Outcomes a. Describe the expected outcomes and results to be achieved from this funding. • NWYS will operate a 4 bed licensed foster home. with salaried host parents to serve homeless youth. The four beds will be available 50 weeks/year. 100% of the youth who enter the program will be screened for family, mental health, and drug and alcohol issues. Those who require further assessment and treatment will be. connected to appropriate services. • 100% of the youth who complete this program will be implementing a plan to achieve educational and/or vocational goals. • 100% of the youth who complete this program will transition to stable housing. Note: Youth who are removed from the program or leave without appropriate process with staff are not considered to have completed the program. 4 267 b. How will you document whether the outcomes were achieved? All of the outcomes above will be measured from our entry/ exit data and case review process. Our primary goal is to assist youth in developing the skills and knowledge that are required for them to live stable and productive lives. This is measured by their ability to move to permanent stable housing and increase their skills in identified life domains. Our Federal contracts require reporting on the type of placement to which youth exit. Our internal tracking tools identify progress on goals. This will also be used to report on outcome goals. 1. Key Players a. Who will be responsible for implementing this project or service? Associate Director: Anne Larson, M.Ed., LMHP Anne is Associate Director and responsible for contract administration, program, and fiscal oversight of the Transitional Living and Shelter Programs. Program Manager: Patricia Henderson, M.A., LMHC Pat manages our Crisis and Counseling Services including our Safe Home Shelter and Host Home programs. She supervises all program operations and personnel. She also monitors service -plans, compiles and analyzes program productivity and accountability reports, maintains community networks and administers financial controls for the program. b. List any collaborative efforts with other agencies that are involved in this program. NWYS is well established in Whatcom County and often collaborates with multiple service providers and other systems to deliver coordinated, well -integrated and comprehensive services. These include but are not limited to mental health, medical, dental, educational, vocational, recreational, drug and alcohol, employment and governmental organizations. 2. Budget Information (for existing programs) Complete the attached budget proposal. a. Itemize budget. See Attached Spreadsheet b. If applicable, describe in your narrative any sources of funding for expenses listed in Column B or C that are contingent on receiving SHB 2060 funds and the status of that funding. 5 268 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and RFP Applicant: Northwest Youth Services: Transitional Living and Shelter Program (TLSP Proposed Service: Host Home for Homeless Youth Budget Period January 1, 2006 through December 31, 2006 Ca t t$ k fie o. • r Salaries/Wages: HH Parents ::0. 32000 0 32000 _ S/W: Program Admin/gceaunfing :,::30p�. 11752 _ 0 14752 S/W: Case Mana ement/Hotiine,ITA 0 42300 0 ,.42300 Personnel Benefits _ 600,'; 17210 _ 0 �7870 Office/Operating Supplies _ `0 0 0 '0. Minor Equipment 0 0 _ 0 0 Professional Services Med,mh,cd, etc 0• 1000 _ 0 1000 Communications ; _ 0. 600 _ 0 600 Transportation/ car, mileage _ _ :0 3200 0 3200 Advertising/ Recruiting `,0. 250 _ 0 '25t} Rental/Occupant - 1fi400: 8200 0 24600 Insurance 0 500, _ 0 :500 _ _ Public Utilities '820p _ 1600 0 4800 _ Repairs, Maintenance 0 0 600 Machinery/Equipment I '0. 0 0. .' 0 _ Agency Administration 0 250 _ 0 250 Miscellaneous 0• 500 0 500 Rent Subsidy :0 0 0 0. Client Support (supplies;dothes,advities) .0 1200 1800 300U Food/ Household _ ';`,5Q,0 3000 V00 Furnishings _ =0 0 2000 :2000 Foster Parent Respite 0 2400 0 -2400 fl�_ - 1 _ar�� :awe6A6 ��D 5 q11 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: jVo27fH W051 `�04-rvl S6Avie-cS (Name of proposing organization or individual) Hereby certifies; That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposals (RFP) requirements. AUTHORIZED SIGNER: DP''V I D W C BS'TER (Type or Print Legibly full narn of dividual authorized to bind Proposal) (Silhature of authorized signer) (Date) eFCjZcuTtVE DI Kec--MK (Title) (Agency, if applicable) JAW2060\RFMOperations RFP 20060raft 2060 Operations RFP 05-XX.doe 270 14 l Attachment A RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals Organization Name: Address: Phone: Contact Person: OPERATING FUNDS Old Town Christian Ministries 1200 Dupont°Street, Suite 1 E; Bellingham, WA, 98226 (360) 671-6667 Mary Romond Indicate- the amount of funding requested. Title: Executive. Director Amount: $36,000 NOTE:. OTCM has included one additional attachment in this proposal. We obtained permission to do so from Gary Williams at the technical meeting on Thursday, August 25t�`. -- r 271 Attachment B �GOM CO 4aMnG'� WHATCOM COUNTY 2006 SHB 2060 Very Low.InCOme Housing Funding.. RFP 905-75 OPERATING FUNDS Application Agency Name Old Town Christian Ministries Contact Name Mary Romond Fax 360-671-5715 Name of Signatory Authority Mary Romond Title of Signatory Authority Executive Director Phone 360-671-5567 Email otcm@openaccess.org Contact Person (responsible for contract administration) Mary Romond Briefly describethe project to be funded. Include the program/project title, and location, and a short 1-sentence. description. Amount Requested $36,000.00 Is this a local match for other funding? X No ❑Yes If yes, amount of other funding Source of other funding Period of Performance:. From: January 1.2006 to December 31, 2005 The budget page refers to a calendar year January to December funding cycle. I. Is your agency State and Federal tax-exempt — 501(c)(3)? nNo X Yes (Attach, copy of IRS Determinadon.),Is your organization a governmental agency? )? X No El Yes 2: Is the agency financial management conducted in accordance with GAAP.— Generally Accepted Accounting -Procedures? ❑No X Yes 3. Does_ the agency -conduct a regular financial audit or reviews with a certrired public accountant? 4. ❑No X Yes 5 Does your agency have a Board of 'Directors? [:]No X Yes=1f yes, please attach -a current list. MOOS SHB 2060 Operating Funds Request For Proposals 1 272 1. Program description -- describe the specific use or activity for which SHM 2060 funds are being requested. The. Stepping Stones Program provides emergency shelter to homeless individuals, couples and. families through 1-2 week motel vouchers. The program also.provides rental assistance on a limited basis, including eviction prevention. and first-time rent. Stepping Stones clients receive case management services while they are in the program. Case management includes referrals to additional resources, assistance in applying for programs they may qualify for, aid in finding transitional or permanent housing, aid in finding space in a treatment center or rehab facility, and/or assistance in determining work availability. 2. Describe your agency a) What is the mission. of your agency? Old Town Christian Ministries (OTCM) seeks to strengthen our community by providing shelter, clothing and food to citizens of Whatcom. County. OTCM. facilitates the placement of homeless individuals and families into affordable housing, and- offers. resources and programs that will enable the continuance of quality living. We combine grants, donations, and profits from our thrift store to fulfill the needs of the homeless. b) Include a brief history that describes your experience with'the type of program for which you are requesting SHB 2060 funding. Old Town Christian Ministries has been serving the homeless population in Whatcom County since 1981. The agency was founded by a small group of citizens,: who were concerned about homeless people in. Whatcom County. During the early_ eighties, this group gathered and distributed sleeping bags, blankets -and winter clothing to.the homeless in need. In 1986, Old Town Christian Ministries became -a 501-C3 non-profit corporation -with the State of Washington. in 1995, OTCM opened a thrift store which became the basis of operations.for homeless outreach services OTCM has experience with- managing city, state and federal grants: Since: 1999., OTCM has been a contractor for the Basic Food (Food. Stamp) Education- and- Outreach program in D'SHS Region 3. OTCM has received,a City of Bellingham Emergency Shelter Program grant every year since 2000. Additionally, OTCM has -'been the recipient of ESAP and FEMA funds since 1999. During 1999, OTCM. managed: a rental assistance program with EFSP. funds, assisting clients with eviction prevention: or first- time rent/deposit. OTCM has.successfully implemented programsand managed the funding sources, and continues to receive funding from all of these sources. c) Specify the advantages of this approach to the problem being:addressed. Why is this approach superior to. other possible -solutions? OTCM serves the hardest -to -serve population. The individuals and families served by OTCM are sleeping in their vehicles, couch surfing. or, ving in other -inadequate arrangements. For the most -part, our clients are ineligible,for other programs because of substance abuse problems, mental illness or criminal records. When they seek -help from us, it is because their current living.. environment has reached. a. critical point where it is either'unsafe, or impractical for current weather conditions. Many of -our 'Clients. lack any kind of stability in their lives, and when they seek our services, it is often because 2005 SHB 2060 Operating Funds Request For Proposals 2 273 they are living on the streets and lack the resources and "know howl' to improve their situation. Without temporary housing homeless individuals have great difficulty accessing other services such as job training, employment,- health services, etc. that could assist them in stabilizing their lives and ending the cycle of poverty and homelessness. Our program is designed to take care of a basic human need - provide emergency housing - and by doing so; we develop a rapport with clients that builds trust and allows us to provide additional assistance. d) Describe your agency's capacity to deliver the service for which you are requesting funding OTCM has operated Stepping Stones for'over 9-years. Clients are assisted in a variety of ways based on the urgency of their need: Assistance includes. -motel vouchers for emergency shelter, rental assistance for help in securing. or maintaining stable housing, sleeping bags or warm blankets to those sleeping outside in winter months; bus passes, shower passes, referrals to other programs. for assistance and help in. applying for; benefits such as Basic Food. OTCM provides services throughout Whatcom County: . During 2004, OTCM provided motel vouchers and'case management services for 137 people, totaling -884 bednights. With 2060 funding, OTCM has been able to expand. case management services and provide twice as many -'motel -vouchers this year (163: . clients, and 1064 bednights seared between January..and July 2065). Unfortunately, funding has not increased: as steadily as the homeless population, forcing OTCM. to turn away 285 households in 2004 and 351 households as of July 2005. OTCM has identified a tremendous need for rental assistance in Whatcom County. While some households are one paycheck'away from eviction, others are one paycheck away from. obtaining stable housing. -On a case-by�case basis, OTCM provides vouchers for eviction, prevention and first time rent, usingmfunds. frombur.thriff store and private -donations. During 2004, OTCM provided approximately'$1500 in rental. assistance to 4 households. However; due to limited funds;' OTCM has been forced to deny this service -to 5-30 households per month. OTCM staff meet regularly to discuss and further develop our system. of. monitoring and assisting clients. We gauge our success in case management by determining the improvement in a client's situation since accessing our services. 3. Clients a) What, population will be served with this project/program? OTCM. will serve very .low-income individuals, couples with no children, -and families who -are ineligible for -other programs. b) What specific need or needs.will be addressedwith this program/.project?... Homeless people in Whatcom County will receive emergency shelter in the form of, motel vouchers, rental assistance vouchers, and case management services. 4. Outcomes 2005 SHS 2060 Operating Funds Request For Proposals 3 274 a) Describe the expected outcomes and results to be achieved from this funding. In 2006, OTCM-expects to serve at least 75 very low-income households and. provide 1200 bednights through the 2060 motel voucher -program. All households�receiving motel vouchers -will also receive case management'services.. At least 50% receiving motel vouchers are expected to secure more stable housing (defined as any shelter more secure than sleeping outside). If -awarded $6,000 for rental assistance, OTCM anticipates providing 20 households with rental assistance vouchers (average voucher of $300). b) How will you -document whether the outcomes were achieved? Case managers monitor clients and conduct exit interviews. to determine their success in obtaining stable housing, stable employment, and other resources such as Basic Food, GAU (X), unemployment, job training, etc. 5. Key Players a). Who will be responsible for implementing this project or service? Dean Romond,. Stepping Stones Program Manager. Mr. Romond will be responsible for: • Training and supervising. case managers. • Serving as a point -of -contact for clients. Mary Romond., Executive Director. Mrs. Romond will be responsible for: • Program management. • Contract compliance including record keeping and reporting. b) List any collaborative efforts with other agencies that are involved in this program. OTCM has many informal relationships with Whatcom County service providers -in giving:and receiving referrals. Bellingham agencies such as Hope House,. Lighthouse Mission, Salvation Army, Womencare, Opportunity Council, Bellingham Food Bank, St.. -Joseph's Hospital, -and local churches refer to OTCM those homeless they are unable to serve. 6. - Budget Information (for existing programs) Complete the attached budget. proposal. a) Itemize budget: Attached OTCM receives funding. for motel vouchers. from the State of Washington' 'ESAP, FEMA, and the'City of Bellingham. -While the City of Bellingham has awarded O'TCM $1,855 for case management between December 2005 and March 2006,. we..rely upon private; -donations, thrift store revenue, and 2060 funding to provide the remainder. 2005 SHB 2060 Operating Funds Request For Proposals 4 275 Attachment C 2003 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT Old Town Christian Ministries PROPOSED SERVICE Stepping Stones Emergency Shelter Program Budget Period. January 1. 2006 through December 31.2006 DESCRIPTION -A- 2060-COUNTY FUNDS -B- OTHER GRANT FUNDS (City, State, Fed, etc.) -C- OTHER FUNDS (Fees, Medicare, Ins., Donatioris, etc.) "D. PROGRAM TOTAL. Salaries/Wages $20,000 $1 835 $7,833 $29,668 Personnel Benefits $1,567 .$1,567. Office/OperatingOffice/Operating Supplies .Minor Equipment Professional Services. $2,240 $2,240 Communications Transportation Advertising. Rentals Insurance Public Utilities Repairs & Maintenance Machinery& E ui rnent Agency Administration Miscellaneous Rental Assistance $6 0,00 $1 500 . $7 500 Emergency housing assistance (motel vouchers $10,000 $11,626 $2,000 $23,626 Total Ecpenditures $36,000 $13,"1 $15,140 $641601.71. 2005 SHB 2060 Operating Funds Request For Propossis 5 276 2005 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: Old Town. Christian Ministries . (Name of proposing organization or individual) Hereby. certifies: Attachment D That they meet the eligibility criteria'as described in Section,.I. Respondent Eligibility, page 3. AND That the. proposed'program activities and. services contained in this proposal. have. been designed in compliance with the Request for Proposal-(RFP) requirements. AUTHORIZED SIGNER .Mary Romond (Type or Print Legibly full name of individual authorized to bind Proposal) S ignature of authorized signer) (Da ) Executive Director (Title) . Old Town Christian Ministries (Agency, if applicable) IAHS12060\RVF 2060 operations RFP 04.79.6c 6 277 Attachment E OTCM Client Testimonials i recently found myself with 2 daughters in a situation of being homeless... I no longer had work available to me...l contacted DJ at OTCM,- who was extremely helpful. [They] were able to provide a week's worth of rent for my daughters and i to have- a warm, dry room to lay our heads without the worry of the next day's rent ... This allowed myself comfort and availability to look for steady work without the stress of requesting daily pay. — R.S., December 2004 Thank you for your help. 1 was having a big emergency. Because of your kindness, 1 was able to stay in the motel with my two kids. I found -an apartment and am feeling at home. — M.C., December 2004 ...As I. awaited government help. with housing, 1 found myself freezing on. the streets with no where to turn. 1 went to Whatcom Opportunity.Council for help.. They referred me to OTCM....DJ and his program probably saved my life. 1 would never -have turned tojOTCMj because I've always felt there are women and children who needed this more than me. But 1 found myself in a life -threatening situation and had to turn -to DJ or freeze to death. — T.B., January 2005 ...1 was forced to leave my job in Seattle. last June because of health problems. 1 am in the process of applying.for Social Security. Having shelter and phone access will prove invaluable in -gathering the needed documentation... - J.R., January 2005 ...People would say domestic violence victims get a lot of help, but in f2 years of reaching out,. down and out,.. I hit closed doors and dead 'end roads, sometimes losing my faith and hope. The only help I've received is. the open door and. arms of Old: Town Christian Ministries, which- has restored my faith- and the helping hand helped me back to my feet, so f could have the strength to go back to resources and re -apply for housing for my two daughters and myself.... I'm very grateful for OTCM services. Whatcom County needs to support this agency that has restored my hope .to strive to survive... L.V., February 2005 ... The YWCA had interviewed me and decided that they wanted me to live there, - The only problem. was that they wanted a $20 key deposit. 1 was really worried =about it and called everyone i could think of and everyone turned me down. The next day 1. came in to [OTCM]. 1- explained my situation with the YWCA :.. and how I had no luck finding a key deposit. DJ said Don't worry IV take care of it...I was so happy! He moved so fast with the $20 that I got into the YWCA that day. _ W.,.April 2005 i would like to thank OTCM for putting mein the Shamrock Motel. It has helpjedjme. to have a place to take a shower or lay down on a drybed. 1 was really tired of sleeping on couches or sleeping in a car. i have been. trying to get a full-time job installing windows or carpentrymaybe even construction... My youngest son is still going. to high school; he is a junior -at B.H.S. — H.D., May 2005 7 278 Internal Revenue Service Department of the Treasury P. O. Box 2508 rJate: ' February 2, 2005 Cincinnati, OH 45201 Person io Contact: OLD TOWN CHRISTIAN MINISTRIES Ms. Edwards 31-07427 1333 LINCOLN ST 1 Customer Service Representative BELLINGHAM WA 98229-6271 013 Toll Free Telephone Number: 810 arty. to 5:30 p.m. ET. 577-829-5500 Fax Number: 513-263-3756 E Federal identification Number: 91-1346202 Dear Sir or Madam: This is in 'response to your request of February 2, 2005, regarding your arganization's tax-exempt status. In January. 1987 we issued a determination letter. that recognized your organization as exempt from.. federal income tax. Our records indicate:that your organization is currently exempt under section 561(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under section 509(a)(2) of the Internal Revenue Code. Our Macords.- indicate that contributions to your organization are deductible. under section 170. of the Code, and that you are qualifiedto receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the: heading- of this. letter. Sincerely, Janna K. Siwfca, Director, TE/GE Customer Account Services 279 OLD TOWN CHKISTIAN MINISTRIES 1200 pupont 5trcct, 5uitc I c, 5cffing am, VVA 98225 Tone: 560.671.5567 • rax:36o.671.5715 BOARD -OF DIRECTORS LIST June 2005 Bill Masters,'President (Co-founder, retired) 103 Bayside Road Bellingham, WA 98225 Trace Goodnight, Vice -President (Day-care director/social service professional, retired) '1379-A E. Village Lane Bellingham, WA 98226 Heidi Unick (Co-founder; M.A. Sociology/ Social Worker) 5529 West 29'h Crest Ferndale, WA 98248 Dean Romond (25-year advocate for the homeless-, businessman) 6894 Olson Road Ferndale, WA 98248 Mary Romond (Cofounder; B.A. Education and'Social Service Professional) 6894 Olson Road Ferndale, WA 98248 Attachment A RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name:. Opportunity Council Address: 1111 Cornwall Avenue, Suite C, Bellingham, WA Phone: (360) 734-5121 Contact Person: Mel De Jong Title: Finance Director Indicate the amount of funding requested. Amount $ 17,500 l p $ �Zl w ,p7, 281 Attachment B WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #06-75 OPERATING FUNDS Application Agency Name Opportunity Council Contact Name Mel De Jong Phone (360) 734-5121, ext. 205 Fax (360)715-9003 Name of Signatory Authority Kay Sardo Title of Signatory Authority Executive Director Email mel_dejong@oppco.org Contact Person (responsible for contract administration): Mel De Jong Briefly describe the project to be funded. Include the program/project title, and location, and a short 1-sentence description. Dorothy Place Transitional Housing Operations located at I020 North Forest, Bellingham, WA. The project to be funded will be used to support operating. expenses at Do ox1hhy Place. a 21-unit apartment complex for women and children survivors of domestic violence. Amount Requested: $17,500 Is this a IocaI match for other funding? MNo ❑Yes If yes, amount of other funding Source of other funding Period of Performance: From: January 1, 2006 to December 31, 2006 The budget page refers to a calendar year January to December funding cycle. 1. Is your agency State and Federal tax-exempt -- 501(c)(3)? ❑No MYes (Attach copy of IRS Determination) Is your organization a governmental agency? )? MNo ❑Yes 2. Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? ❑No MYes 3, Does the agency conduct a regular financial audit or reviews with a certified public accountant? Elmo M Yes 4. Does your agency have a Board of Directors? ❑No ® Yes If yes, please attach a current.list. 1. Program description -- describe the specific use or activity for which SHB 2060 funds are being requested. Dorothy PIace, a program of Opportunity Council, is a 21-unit apartment complex for women and children survivors of domestic violence. At Dorothy Place women and children begin to rebuild broken lives, increase self-sufficiency and regain. permanent housing. The facility has private apartments, on -site laundry and a secure play yard that is visible from each unit. A Certificate of Occupancy was received in June 1998 and units began leasing immediately. Initially Opportunity' Council was collaborating with YWCA of Whatcom County on Dorothy Place property management. When YWCA's financial difficulties required it to dissolve that partnership, Opportunity Council took on full responsibility of Dorothy Place program and property management Women at Dorothy Place are charged 30% of their income for rent, however circumstances bring many to the program with Iittle or no income. The anticipated income limitations of women to be housed at Dorothy Place mandated the project be built with no debt service and a heavily subsidized operating pro -forma Over $2 million was ultimately raised for construction, operations and maintenance, ensuring three solid years of financially secure program development. Since 1998, grant funding to Dorothy Place operations has not increased, however, the cost of operations has increased significantly. Insurance costs have risen 10-15% per year on average, and maintenance expenses, particularly elevator maintenance costs, have increased market -wide and far surpass the initial projected expense. In addition, utility costs continue to increase greater than area price indexes. 2. Describe your agency a) What is the mission of your agency? b) Include a brief history that describes'your experience with the type of program for which you are requesting SHB 2060 funding. c) Specify the advantages of this approach to the problem being addressed. Why is this approach superior to other possible solutions?- d) Describe your agency's capacity to deliver the service for which you are requesting funding? Opportunity Council is a private, non-profit community action agency serving Whatcom, Island and San Juan counties. Established in 1965 as part of the Johnson Administration's War on Poverty, Opportunity Council's mission is to act as a catalyst for positive change, both in the community and in the lives of the people it serves. Our role is to create awareness of the needs of low-income and disadvantaged people, and engage the community in responding to these needs. Program areas include homeless housing; childcare services, education and child development, community information and referral, home repairs, home heating assistance and nutrition and health services. Opportunity Council has been serving the needs of low-income and disadvantaged people for 40 years. That experience makes us uniquely qualified'in this community to collaborate with other human service providers and refer clients to health care, substance abuse treatment, childcare and continuing education. Dorothy PIace residents are screened at intake for needed services and on -site case managers make referrals. Case management is recognized as one of the most effective methods of initiating and sustaining change within individuals. Dorothy PIace is the only transitional housing facility in Whatcom County 283 that provides Iong-term residency and case management for women and children survivors of domestic violence. 3. Clients a) What population will be serviced with this project/program? b) Number of clients served by low income population? c) What specific need or needs will be addressed with this program/project? The target population housed at Dorothy Place is extremely Iow income (30% of area median and below) homeless, single women and women with children who are survivors of domestic violence. In weekly on -site case management sessions, Dorothy Place staff work with residents individually to help them -continue on their paths toward safety, self-esteem and self-sufficiency. Case managers provide information, support, ongoing evaluation of barriers, and assessments of progress toward goals. Case managers assist clients in Iocating and accessing critical services such as financial support, DSHS services, health care, homeless child care vouchers, and educational programs, which exist as an integral part of the continuum of key support available in this community. Case managers also assist. families in acquiring food, clothing and meeting other needs on an emergency and diminishing basis until the family is independent. During 2004, Dorothy Place served 40 clients; 25 families with children and 14 singles. The facility management strategy for Dorothy Place focuses on: • Providing a clean, safe, and reliable building for families to live in • Providing fair and courteous service as landlords ' • Mentoring residents with skills to adequately care for their housing This strategy provides the supportive infrastructure for the transitional housing program run by Opportunity Council. Our existing level of building services has proven invaluable to helping families move out of homelessness and into permanent Dousing in the community. 4. Qutcomes a) Describe the expected outcomes and results to be achieved from this funding. b) How will you document whether the outcomes were- achieved? Support services at Dorothy Place help families increase .self-sufficiency by focusing on three goal areas: obtain and retain stable housing, increase skills and/or income, achieve greater self- determination. Follow-up case management is offered for one year after residents leave Dorothy Place to help women make a successful transition back into the community. Measurable objectives to be achieved by Dorothy Place residents include: • 75% of participant households will obtain permanent housing upon exit 100% of those participant households will remain in permanent housing for at least six months following completion of the program. • 80% of participant households will achieve one or more goals in their Individual Service PIan while participating in the program. • 88% of participants who remain in the program at least six months will demonstrate a greater knowledge of domestic violence and its effects on self and children as documented by staff. Dorothy Place programs would not be as successful if they were not fully supported by property management staff who maintain the facility and administer leases: Property management goals for Dorothy Place include ensuring minimum safety requirements, facilitating unit turnover in 10 days or less, and operating the facility at a 90% occupancy rate or greater. Opportunity Council has developed and uses a highly refined database that is specifically tailored to track services and results -based outcomes. Case managers are experienced in working with clients on setting and achieving goals and documenting outcomes in our database so we are able to report on program and agency achievements. 5. Key Players a) Who will be responsible for implementing this project or service? Tim Powell Facilities Manager- Tim has been with Opportunity Council for eight years. He provides property management and building maintenance administration far 31 units of agency -operated . housing as well as 21,000 square feet of agency owned commercial property. He has solidified the housing program to assure that the portfolio consistently meets federal housing standards (HQS), Iegal requirements of state rental laws, resident safety and security needs, and comprehensive building maintenance. His fiscal responsibilities include all phases of asset management, planning, and fund allocation with an eye toward long term sustainability of the agency's buildings. Tim has a long history of working with a variety of non-profit organizations providing construction, project management, technical support, public relations, and fund development components. Brent Goodrich, Facilities Technician- Brent has been with the Opportunity Council for 3 months. Brent provides building and grounds maintenance for all the agency -operated housing. Brent devotes approximately one-half of his time to Dorothy Place operations. 6. Budget- Information a) Itemized budget (see attached) b) If applicable, describe in your narrative any sources of funding for expenses listed in Column B or C that are contingent on receiving SHB 2060 funds and the status of that funding. In April 2005, the Opportunity Council renewed a one-year HUD grant through their Supportive Housing Program (SHP). The figures in Column B reflect the amount and budget for those funds. SHB 2060 funds received by the Opportunity. Council in FY2005 have .been pledged .to satisfy part of the matching requirements for this grant. It is anticipated that this grant will renew again in April 2006 contingent on the matching fund requirement being met. 285 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT: Oppoft pity Council PROPOSED SERVICE: Transitional Housing Dorothy Place Operations Budget Period January 1, 2006 through December 31, 2006 DESCRIPTION -A- 2060 CONY FUNDS -B- OTHER GRANT FUNDS (City, State, Fed, etc.) -C- -OTHER FUNDS (Fees, Medicare, Ins., Donations, etc.) -D- PROGRAM TOTAL Salaries/Wages 22,704 5,688 28,392 Personnel Benefits 4,984 1,334 6,318 Office/OperatingOffice/Operating Supplies 5,089 5,089 Minor Equipment 437 437 Professional Services 656 656 Communications 1,287 1,287 Transportation 1,009 1,009 Advertising Rentals Insurance -8-07 810 9,487 Public Utilities 5. ,000 13,500 1,750 20,250 Repairs & Maintenance 1,500. 3,383 4,883 Machinery & Equipment Agency Administration 2,323 2,060 7,452. 11,835 Miscellaneous 655 655 - Rent • Subsid Other (Specify) _Rai nin Related 439 1 439 Total Expenditures l'7500 43,248 29,989 90,737 :: Attachment D 2006 SHE 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: OPPORTUNITY COUNCIL (Name of proposing organization or individual) Hereby certifies: That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposals (RFP) requirements. AUTHORIZED SIGNER: Kay Sardo (Type or Print Legi y 11 name of individual authorized to bind Pr posal) U Ignplre of authorized signer) (Dat ) Executive Director (Title) (Agency, if applicable) IAHSW60WPU060 Operations RFP 05.75.doc 287 Internal Revenue Service Date: June 14, 2005 OPPORTUNITY COUNCIL 1111 CORNWALL AVE STE C BELLINGHAM . WA 98225-5039 Dear Sir or Madam: Department of the Treasury P. O. Box .2508 Cincinnati, OH 45201 Person to Contact: Mrs. E. Eckert ID 31-07436 'Customer Service Specialist Toll Free Telephone. Number: 8:30 a.m. to 5:30 p.m. ET 877-829-5500 Fax Number: 513-263-3756 .Federal Identification Number: 91-0787820 This is in response to your request of June 14, 2005, regarding your organizatloni s tax- exempt status. In December 1977 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone -number shown in the heading of this letter. Sincerely, Janna K. Skufca, Director, TE/GE_ Customer Account Services -ji'm #P%j, Dppoftunit Board of D i moors Council May, M El i zabeth Begl i n 0 ff aer At Large 101915th Street Bel l i n ghan-, WA 98225 Phone: (360) 738-2280 Email:elizabethbeglin@yahoo,mrn Sector. Private (10/ 00) Laura C ardi nal 1125 22n d Street Bellingham, WA 98225 Phone: (360) 756-1189 Email: findlarra2001@yahoo.mm Sector. LowInmrne(5/05) Sam C raw ford County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: 671-8200 Email: sarr@ayersconsultingcam Sector: Public (appointed 1 / 02) D r. G rant D eger City Hall 210 Lottie Bellindiam, WA 98225 Phone: (360) 671-7444 E-mail: ce-deger@aUbi.com Sector. Public (appointed 1/02) Judi Edwards Treasurer P. 0 . Box 28397 Bellingham, WA 98228 Phone: (360) 303-0487 Email: jedwards@syscongp.com Sector: Private (2/04) Lee G rodimal Seaetary 1714 Eudid Avenue Bellingham, WA 98226 Phone: (360) 676-6670 Fax: (360) 738-4552 Erna i 1: lgrochma@m.whatcon-Lwa.us Sector: Private (9/01) Sherry Lersbak 1911 Twin Si ster North Lynden, WA 98264 P h one: (360) 318-0500 Email: I ersb@comca s L net Sector. P riv ate (4/ 03) Ti mM rD onal d Past Presi dent PO Box 5000 Coupeville; WA 98239 Phone: (360) 679-7352 Fax: (360) 679-7390 Email: timm@co.island.waus Sector. Public (appointed 1/98) John M anni ng P. 0. Box 607 Friday Harbor, WA 98250 Phone: (360) 378- 474 Fax: (360) 378-7036 Email: john@oD.san-juan.wa.us Sector: Public (appointed 4/05) Ki mSchuster Vi (a Presi dent 2202 36th Strut Bellingham, WA 98229 Phone: (360) 676-6970 Email: kschuste@co.whatcom.us Sector. Low-income (3/03) Ti mShea President P. 0. Box 433 Bel I i nccb am, WA 98227 Phone: (360) 384-8448 Email: tirrLj.shea@oDn000phillips.com Sector: Private (5/02) Janet SM 1h 100 E. Front St Lynden, WA 98264 Phone: (360) 318-8634. Email: dalejanet6@juno.com Sector: Low-Inoome (12/03) M ari a Vi gi I 5881 CedarPlace Ferndale; WA 98248 Phone: (360) 312 1370 Email: vigl.m@attbi.com Sector: Low-Income(11/01) :' Attachment A RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: Oaaortunity Council Address: 1111 Cornwall Avenue, Suite C, Bellingham, WA Phone: (360) 734-5121 Contact Person: Gail de Hooe Title: Community Services Director Indicate the amount of funding requested. Amount $28,118 ;;�-. Vm,,D.% , 3 97$ ;LG 290 PtGor� ro G,y A.c .f w� fL.9 off G�pP WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #06-76 OPERATING FUNDS Application Agency Name Opportunity Council Contact Name Gail de Haag Fax (360) 734-0508 Name of Signatory Authority Kay Sardo Title of Signatory Authority_ Executive Director Attachment B Phone: (360) 734-5121, ext. 344 Email gail_dehoog@oppco.org Contact Person (responsible for contract administration): Gail de Hoog Briefly describe the project to be funded. Include the program/project title, and location, and a short 1-sentence description. Homeless Housing Rental Assistance Voucher Program. This program is a tenant based rental assistance rogmin cnnpled with case management support services for homeless families in Whatcom C:nisnty- Amount Requested: $28,118 Is this a local match for other funding? ®No ❑Yes If yes, amount of other funding Source of other funding Period of Performance: From: January 1, 2006 to December 31, 2006 The budget page refers to a calendar year January to December funding cycle. 1. Is your agency State and Federal teat -exempt — 501(c)(3)? ❑No ®Yes (Attach copy of IRS Determination) Is your organization a governmental agency? )? ®No ❑Yes 2. Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? [:]No ®Yes 3. Does the agency conduct a regular financial audit or reviews with a certified public accountant? ❑No ®Yes 4. Does your agency have a Board of Directors? ❑No ®Yes If yes, please attach a current list. 291 1. program description Opportunity Council is the primary provider of housing services to homeless families in Whatcom County. Our expertise in this area comes from over 22 years working with homeless families along the continuum of emergency housing to permanent housing. We are requesting 2060 Operations funds that will allow us to provide rental subsidies to four new families this year—OC will provide the case management services. The Homeless Housing Rental Assistance Voucher Program is a program of Opportunity Council (OC) that provides eligible families with tenant -based rental assistance subsidies, coupled with transitional, housing program components. These families participate in Opportunity Council's transitional housing program while living in subsidized open -market rentals. Once they complete the transitional housing component of the program, families transition into permanent, affordable housing. Through our agreement with BellinghamlWhatcom County Housing Authority and our collaboration with other transitional housing providers in the county, families who successfully complete our transitional housing program can receive a Housing Choice (Section S) homeless preference. This means that upon graduation from our program, families will receive a rental subsidy and therefore affordable housing. We use that collaboration and this program to assist our families in moving along the continuum from homelessness into permanent housing as expeditiously as possible. Currently Opportunity Council provides tenant based rental subsidies and supportive case management services for four families per year with 2060 funds. Families targeted for this program are those who are very low income and .are homeless. The primary focus of support is housing stability — families need help finding suitable housing, the subsidy to keep it affordable and a source of reliable income. They are also likely to need other services like parenting support, life skills training, and basic family stability support; those services are best met once the family is in housing. Components of this program include: • Housing services: address barriers to housing such as poor tenant history, poor credit history, etc., identify -landlords, negotiate with landlord, etc. • Case management services: ensure families are obtaining financial means to maintain permanent housing, identify service needs, and connect tenants with community -based services. • Follow-up: work with tenants after they are in permanent housing to problem -solve and avert crises that threaten stability. 2. Describe your agency a) Mission Opportunity Council is a private, non-profit community action agency serving Whatcom, Island and San Juan counties. Established in 1965 as part of the Johnson Administration's War on Poverty, Opportunity Council's mission is to act as a catalyst for positive change, both in the community and in the lives of the people it serves. Our role is to create awareness of the needs of low-income and disadvantaged people, and engage the community in responding to these needs. Program areas .include homeless housing, childcare services, education"and child development, community information and referral, home repairs, home heating assistance, and nutrition and health services. Opportunity Council has been serving the needs of low-income and disadvantaged people for 40 . years. b) History of experience and d) capacity to deliver the service. OC has administered the HOME TBRA program since 1996, initially with direction from CTED, and since 1991, from the City of Bellingham. HOME TBRA is a tenant based rental assistance 292 voucher program consistent with U.S. Dept of Housing and Urban Development Housing Choice (Section S) Voucher Assistance program standards. Opportunity Council has successfully operated emergency housing programs since 19$3, and transitional housing programs since 1991. In March of 2005, OC received 2060 funds to be used for the Rental Assistance Voucher Program. Four homeless families have found housing in the private -sector market and are successfully participating in the transitional housing component. Two of those families will be receiving Housing Choice vouchers from BeIlingham/Whateom Housing Authority ahead of schedule. We expect, all four families to move from homelessness to permanent housing while participating in the program. c) Advantages of this approach to the problem being addressed This proposal utilizes a Housing First approach to housing for homeless families, which is a shift from the homeless assistance system currently used in this community. By using a "transition in place" model, families will be able to continue living in the rental units they began the program with or take their Housing Choice voucher from the Housing Authority to another unit in the county. We focus on shortening the families' experience of homelessness. by getting them into housing of choice as quickly as possible, and linking them to needed services. We focus on the outcome of ending homelessness, and not just managing it. Our approach has the added benefit of altering the way housing crises are dealt with and recognizing housing stability as the ultimate measure of success. 3. Clients a) What population will be serviced? The population to be served by this program is homeless families with children who are Iiving at or below 30% of the area median income. b) Number of clients served? We anticipate helping 20 individuals-6- adults and 14 children move from homelessness to permanent housing. c) What specific need or needs will be addressed? The specific need that is immediately addressed by this program is housing with support services. 2060 funds will provide the affordable housing and Opportunity Council will provide the support services. Families in- this program are homeless. In weekly home -visits case managers work with families, providing information, support, ongoing evaluation of barriers, and assessments of progress toward goals. Particular attention is paid to education around landlord/tenant law, financial literacy, how to be a good renter, and increasing skills and income. This proposal will meet at least four goals prioritized in Whatcom County's Continuum of Care Plan: 1. Reduce number of persons falling into homelessness by increasing key prevention services including: • Eviction prevention interventions • Crisis management • Provision of housing and support programs to stabilize the financial condition of renters and owners 293 2. Expand transitional housing resources for homeless 3. Significantly expand the supply of affordable housing available to low-income persons, with k goal of increasing by 50% housing for persons at or below 30% of the area median income. Utilize the full range of potential housing types to achieve this objective including vouchers for existing private rental housing... 4. Adopt a "Housing First" model Additionally, our proposal meshes with the City of Bellingham's 2005-2006 Human Services Statement of Need, which identifies families and homeless as the top two populations in need of services in our. community. 4. Outcomes a) Describe the expected outcomes and results to be achieved. Support services in the Homeless Housing Rental Assistance Voucher Program help families increase self-sufficiency by focusing on three goal areas: obtain and retain stable housing, increase skills and/or income, and achieve greater self-determination. To increase the IikeIihood of housing stability, follow-up case management is offered for one year after participants complete the program. Measurable objectives achieved by Homeless Housing Rental Assistance Voucher Program participants include:. • 8017o of program participants will transition into permanent housing within one year. • 80010 of program participants will have increased their ability to manage money as a result of financial Iiteracy training. • 80% of program participants will increase their capacity to maintain permanent housing as a result of renter education. b) How will you document whether the outcomes were achieved? Opportunity Council has developed and uses a highly refined database that is specifically tailored to track services and results -based outcomes: Case managers are experienced in working with clients in setting and achieving goals and documenting outcomes in our database so we are able to report on program and agency achievements. Key Players Gail de Hoog, Community Services Director and Opportunity CounciI's Homeless Housing case management team, will be responsible for this program. Gail has worked at Opportunity Council for 12 years in various .capacities. She has extensive experience in program development and provides leadership at both the community and state level. The Bellingham Housing Authority has a waiting list preference for homeless individuals and families that successfully complete an approved transitional housing program. Opportunity Council operates an approved transitional housing program which allows our families to receive the Housing Authority's wait list preference and therefore ensures a rental subsidy. We work closely with shelter and other transitional housing providers, and agencies that provide services to homeless families on a regular basis. Examples include Growing Together, a program of Brigid Collins House, Lummi Nation and Seamar clinic. Additionally, collaborative agreements with Womencare and some Readiness To Learn sites help identify eligible families. 294 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals ,APPLICANT: Opportunity Council PROPOSED SERVICE: Homeless Housing Rental Assistance Voucher Prog am Budget Period January 1, 2006 through December 31, 2006 DESCRIPTION -A- 2060 COUNTY FUNDS -B- OTHER GRANT FUNDS (City, state, Fed, etc.) -C- OTHER FUNDS (Fees, Medicare, Ins., Donations, etc) -D- PROGRAM TOTAL Salaries/Wages Personnel Benefits Office/OperatingOffice/Operating Supplies Minor Equipment Professional Services Communications Transportation Advertising Rentals Insurance Public Utilities Repairs & Maintenance Machinery & Equipment Agency Administration 3,878 6,750 10,628 Miscellaneous Rent Subsidy 24,000 67,530 91,530 Other: housing inspections 240 720 960 Total Expenditures 28,118 75,000 103,118 295 Attachment D 2006 SHS 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: OPPORTUNITY COUNCIL (Name of proposing organization or individual) Hereby certifies: That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposals (RFP) requirements. AUTHORIZED SIGNER: Kay Sardo (Type or 'n-.giblylilll name of individual authorized to bi d Proposal) CAD �U o� (Sin re of authorized signer) (D dte) Executive Director (Title) . (Agency, if applicable) 1:IHS120601RFP12060 Opem ions RFP 05.75.doe 296 Internal Revenue Service Date: June 14, 2005 OPPORTUNITY COUNCIL 1111 CORNWALL AVE STE C BELLINGHAM . WA 98225-5039 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Mrs. E. Eckert ID 31-07436 Customer Service Specialist Toll Free Telephone Number: 8:30 a.m. to 5:30 p.m. ET 877-829-5500 Fax Number: 513-263-3756 .Federal Identification Number: 91-0787820 This is in response to your request of June 14, 2005, regarding your organization's tax exempt status. In December 1977 we issued a determination letter that recognized your organization as exempt from federal income fax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055,.2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone -Humber shown in the heading of this letter. Sincerely, Janna K. Skufca, Director, TEIGE Customer Account Services 297 Opq=�nditly May, 2CX)5 El i zabeth Begl i n 0 ffi air At Large 101915th Street Bellingham, WA 98225 Phone: (360) 738-2280 En-eii:elizabethb--gliri@yahoo.com Sector Private(10/00) Laura C ardi nal 1125 22nd Street Bellingham, WA 98225 Phone: (360) 75&1189 Email: findlaLra2001@yahoocxn Sector. Low4rcw-e(5/05) - Sam C raw ford County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: 671-8200 Email: san-@ayersconsultingcom Sector. Public (appointed 1/02) D r. G rant D eger City Hall 210 Lottie Bellingham, WA 98225 Ph one: - (360) 671-7444 E-mail: gedeger@attbi.com Sector: Public (appointed 1 / 02) Judi Edwards Treasurer P. 0. Box 28397 BellinCham, WA 98228 Phone: (360) 303-0487 Email: jedwards@syscongp.com Sector P ri v ate (2/ 04) Lee G rochmal Secretary 1714 Eudid Avenue Bellingliarn, WA 98226 P h one: (360) 676-6670 Fax: (360) 738-4552 Ermi[: 1grochn7o@cD.whatcorrLwa.us Sector P ri v ate (9/ 01) Sherry Lersbak 1911 Twin Sister North Lynden, WA 98264 Phone: (360) 318-0500 Email: I ersb@comcast.net Sector: P ri v ate (4/ 03) Ti mM cDonal d Past Pred dent PO Box 5000 Coupeville; WA 98239 Phone: (360) 679-7352 Fax: (360) 679-7390 Email: tirr;m@co.island.wa.us Sector. Public (appointed 1/98) John M anni ng P. 0. Box 607 F rid ay H arbor, WA 98250 P hone: (360) 378-4474 Fax: (360) 378-7036 Email: john@co.san juan.waus Sector: Public (appointed 4/05) K i mSchust3er Vi are Presi dent 2202 36th Street Bellingham, WA 98229 Phone: (360) 676-6670 Email: kschuste@Oo.whatcomuS Sector. Low -Income (3/ 03) Ti mShea Prey dent P. 0. Box 433 Bellingham, WA 98227 Phone: (360) 384-8448 Email: tirrLi.shea@conocophiIlips.com Sector: P riv ate (5/ 02) Janet Srri Ih 100 E. Front St Lynden, WA 98264 Phone: (360) 318-8634 Email: dalejanet6@juno.com Sector: Low -Income (12/03) MariaVigil 5881 Cedar Place Ferndale; WA 98248 Phone: (360) 312 1370 Email: vijl.rr@attbi.com Sector: Low -Income (11/01) WN Attachment A 9 RFP #05-75 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: Sun Community Service Address: 515 E. Chestnut, Bellingham, WA 98225 Phone: 392-1324 Contact Person: Denise Seibert Title: Interim Executive Director Indicate the amount of funding requested. Amount $ _100,082.00 299 WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #06-76 OPERATING FUNDS Agency Name Sun Community Service Contact Name Denise gplhprf Fax 392-1319 Name of Signatory Authority Denise Seibert Application i;MM-.-.OMMM,Millo Title of Signatory Authority Interim Executive Director Contact Person (responsible for contract administration) Denise Seibert Briefly describe the project to be funded. Include the program/project title, and location, and a short 1-sentence description. Sun House.. !!!roach eM, etnencwshelter. for oeot)le who are homeless. have a mental illness and are either receiving Medicaid or Social Security, or it is believed they will be eligible for Medicaid. Amount Requested 100.082.00 Is this a local match for other funding? XX❑No ❑Yes If yes, amount of other funding Source of other funding Period of Performance: From: january 1, 2006 to December 31, 2006 The budget page refers to a calendar year January to December funding cycle. 9. Is your agency State and Federal tax-exempt--- 501(c)(3)? )OU Yes (Attach copy of IRS Determination.) Is your organization a governmental agency? )? ).]No 2. Is the agency financial management conducted in accordance with GAAP— Generally Accepted Accounting Procedures? )O ]Yes 3. Does the agency conduct a regular financial audit or reviews with a certified public accountant?XX ❑ Yes 4. Does your agency have a Board of Directors? )OC]Yes If yes, please_ attach a current list. 2005 SHB 2060 Operating Funds Request For Proposals 1 300 Limit narrative response to maximum three (3) pages. 1. Program description — describe the specific use or activity for which SHM 2060 funds are being requested. Sun House is a community resource serving Whatcom County's mentally -ill homeless population for the past six years. We offer shelter care, in which maximum length of stay will be ninety. days (although the usual length of stay is about five weeks), during which time consumers will be connected with a local casemanager (i€ they do not currently have one), connected with GAXlfood stamps and other entitlement programs, and exit to stable, permanent housing or further transitional housing (such as CD inpatient) dependent on their individual needs. We receive funding from the APN, ESAP, and the United Way. 2060 funds will. be- used to support the salaties of residential care, givers, who are present in the facility 24 hours a° day, an. adrnissionsldischarge.coordinator, and-a'=part time executive director position.. Consumers are provided a room to sleep, including bedding, linen, and some clothing and belongings storage, all meals, laundry facilities, access to a phone to make and receive local calls, medication monitoring, psychiatric symptom monitoring, assistance in obtaining emergency response or less urgent care in the case of increased symptomology, emotional support at any hour of the day and presence of staff members at all hours of the day, and coordination with the local casemanager to assist with successful outcome of the consumer's individual housing plan. Consumers will have either a casemanager with a local psychiatric provider, or occasionally casemanagement provided by Rainbow Center or WCPC outreach until they can be connected with a local psychiatric provider (such as WCPC, LWC, and SeaMar). 2. Describe your agency a) What is the mission of your agency? To transition people who are homeless and mentally ill into permanent, safe housing. b) Include a brief history that describes and documents your experience with the type of program for which you are requesting SHB 2060 funding. Sun House, as a shelter program, has been in existence for about seven years. We work with consumers and local casemanagement to provide a safe, supportive place to live while permanent housing is pursued. We 2005 SHM 2060 Operating Funds Request For Proposals 3 301 have can support up to six consumers at a time. Our beds are generally full and we usually have a significant pending list (more than we can serve at any given time). We are familiar with the issues many people who have been living on the streets or in unsafe housing and are familiar with psychiatric symptoms and how to obtain emergency response if needed. People living at Sun House generally report feeling safe here, and the environment is very homelike and supportive. During the fast year, K86% of the consumers at Sun House were transitioned to an appropriate living environment, which is a positive outcome compared to other agencies dealing with similar populations, and given the housing challenges in this region. c) Specify the advantages of this approach to the problem being addressed. Sun House helps reduce hospital inpatient costs by providing a place to safely discharge fragile consumers. We also assist in preventing hospitalizations by providing structured support for consumers who are decompensating due to homelessness. Sun House is easy to access, both due to its location in Whatcom County as well as ease of admission procedures and good working relationships with local psychiatric providers. d) Describe your agency's capacity to deliver the service for which you are requesting funding. Sun House can provide food and shelter for up to six consumers at a time. We have handicapped -access and one room that can be used for consumers with severe physical disabilities. We have services and supports currently in place and active, and have much experience in meeting the needs of people who are homeless and mentally -ill. Our agency is small enough to easily be flexible with the changing .needs of consumers and providers due to system or entitlement program adjustments. 3. Clients a) What population will be service with this project/program? People who are homeless and mentally -ill, and either already enrolled or believed to be Medicaid -eligible. The majority of consumers, since they are hospital discharges, are already enrolled consumers; however, we do occasionally 2005 SHS 2060 Operating Funds Bequest For Proposals 4 302 work with unenrolled consumers with casemanagement support. b) Number of clients served by low-income population. Last year we served 74 consumers and expect to serve approximately 77 next. year.. The majority of consumers have GAX and are awaiting an SSI judgement; followed by consumers with SSI, and the smallest number having no entitlements at admission. c) What specific need or needs will be addressed with 2060 funding? We will assist Whatcom County in getting people off the streets as well as reducing hospital inpatient costs. We help to reduce homelessness by transitioning people to appropriate long-term housing. 4. Outcomes a) Describe the expected outcomes and results to be achieved from this funding. We aim to transition 70% or more of consumers in our program to appropriate housing within 6 weeks. b) How will you document whether the outcomes were achieved? Data are collected on the status of each consumer at admission and where they went at discharge. Quarterly and annual reports are submitted to funding agencies and at any time they request. Weekly reports regarding status of people in-house and those on our pending list are provided to agencies involved in the consumer's support. Last year we came close to the goal of transitioning 70% of consumers to appropriate post -shelter placement, with a 64.86% success rate. 5. Key Players a) Who will be responsible for implementing this project or service? The Sun Community Service Executive Director, overseen by our Board of Directors, in conjunction with local psychiatric providers. b) List any collaborative efforts with other agencies that are involved in this program. Sun Community Services works together with WCPC, Rainbow Center, LWC, SeaMar, WSH, and occasionally other service providers. We are partnered with United Way, receive some assistance from ESAP, and assistance from the APN as.well (see budget). 6. Budget Information (for existing programs) Complete the attached budget proposal. 2005 SHB 2060 Operating Funds Requent For Proposals 5 303 a) Itemize budget. b) If applicable, describe in your narrative any sources of funding for expenses listed in Column B or C that are contingent on receiving SHB 2060 funds and the status of that funding. 2005 SUB 2060 Operating funds Request For Proposals 304 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT Sun Community Service PROPOSED SERVICE Shelter Beds Budget Period January 1, 2006 through December 31, 2006 DESCRIPTION -A- 2060 COUNTY FUNDS -B- OTHER GRANT FUNDS (City, State, Fed, etc.) -C- OTHER FUNDS (Fees, Medicare, Ins., Donations, etc.) -D- PROGRAM TOTAL 'Salaries/Wages. 100082 31890 131972 Personnel Benefits 16190 16190 Office/OperatingOffice/Operating Supplies 2000 2000 Minor Equipment 671 671 Professional Services 9000 9000 Communications 1100 1100 Transportation 125 125 Advertising 500 500 Rentals 130 130 Insurance 8500 8500 Public Utilities 5700 5700 Repairs & Maintenance 3000 3000 Machinery & Equipment 0 0 AgencY Administration 1230 1230 Miscellaneous 0 0 Rent Subsidy 0 0 Other Groceries 7000 7000 Total Expenditures 100082 T87036 187118 IM SHB 2060 Operating Funds Regaen For Proposals 7 305 Attachment D 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: Sun Community Service (Name of proposing organization or individual) Hereby certifies: That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. Ii l That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposal (RFP) requirements. Denise Seibert AUTHORIZED SIGNER (Type or Print Legibly full name of individual authorized to bind Proposal) S- � 9- 2-v.- A:ii�� (Signature of authorized signer) (Date) Interim Executive Director (Title) Sun Community Service (Agency, if applicable) I:MM6014i. M060 Opemdons RFP 04.79.doe 8 306 NOV 02 20Q0 11:55RM HP LRSERJET 32Q0 APB=23-02 FUE 6:31 AM SUN COMMUNITY SERVICE FAX NO. 360 676 0288 *r ��1 ' ~r- Intemal Revenue Setviee Department o4e Treaeory Dlatrfct 915 Second Ave., Seethe, wean. sat rf 0lrectar Person to Contact: , F Xdentif cation number: J. N. Roberts 91-0926916 Telephone Number: (206) 442-5090 Refer Reply to: TK:D HIS 180 Dote: February 1s, 1981 Mary Summerville Sun Community service t428 Harald building Bellingham, WA 98225 Deer Me. Summerville: This is in reply to your request for a photocopy of Sun Community Service's tax sxeaption letter. Although !s copy of your original letter is net availabte.j our records show your organisation was granted exemption from Federal income tax in April, 1975, under Section 501(c),O) of the Internal Revenue Code. We also have determined that Sun Community service is slot a private foundation. Sincerely yours, Marian gloss Taxpayer Service Disclaouse Coordinator ViNfIED WAY KiMQF4 ASKNCY P. 2 P•2 307 SUN COMMUNITY SERVICE BOARD OF DIRECTORS President Fred Sears P.O. Box 4162 Bellingham, WA 98225 Cell: (360) 961-7759 First Vice -President Chuck Snyder Whatcom County Superior Court 311 Grand Avenue Bellingham, WA 98225 Ph: (360) .738-2457 Second Vise-President/Secretary Wendy Jones Whatcom County Jail 311 Grand Avenue Bellingham, WA 98225 Ph: (360) 676-6909 Ext. 50470 Rod MacKenzie 443 151h Street Bellingham, WA 98225 Ph: (360) 734-9351 Sean Davis P.O. Box 231 Sedro Woolly, WA 98284 Ph: (360) 856-3485 Deb Canon 770 E. Holly Street Bellingham, WA 98225 Ph: (360) 733-1010 Esther Grunmel 3207 Vallette Street Bellingham, WA 98225 Ph: (360) 734-9836 E-mail: estherg54@yahoo.com 10 Attachment A —] RFP #05-76 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS Organization Name: Womencare Shelter Address: 4140 Meridian St. Suite 210 Phone: 360-671-8539 Contact Person: Cheri Kitty Title: Executive Director Indicate the amount of funding requested. We•� . Amount $ $20,000 2005 SRB 2060 Operating Funds Request For Proposals 10 309 WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #05-75 OPERATING FUNDS Application Agency Name Womencare Shelter Contact Name Cheri Kitty, Executive Director Fax 360-671-0061 Name of Signatory Authority Cheri Kitty Title of Signatory Authority Executive Director Phone 360-671-8539 Email cheri@womencareshelter.org Contact Person (responsible for contract administration): Cheri Kilty Briefly describe the project to be funded. Include the program/project title, and location, and a short 1-sentence description. Womencare Shelter 1s seeking operational funds to provide case management and support services for victims of domestic violence. Amount Requested: $20,006 Is this a local match for other funding? X❑No ❑Yes If yes, amount of other funding Source of other funding Period of Performance: From: January 2006 to December 2006 The budget page refers to a calendar year January to December funding cycle. 1. Is your -agency State and Federal tax-exempt — 501(c)(3)? ❑N o X❑ Yes (Attach copy of IRS Determination) Is your organization a governmental agency? )? X❑No ❑Yes 2. Is the agency f nancial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? [—]No X❑Yes 3. Does the agency conduct a regular financial audit or reviews with a certified public accountant? 4. ❑No X❑Yes 5. Does your agency have a Board of Directors? ❑No X❑Yes If yes, please attach a current list. 2005 SHM 2060 Operating Funds Request Far Prapasais 11 310 Limit narrative response to maximum three ( 3) pages. 1. Program description — describe the specific use or activity for which SHM 2060 funds are being requested. Womencare Shelter is seeking SHM 2060 funds for operating costs to maintain the additional advocacy based counseling and case management services to victims of domestic violence which were implemented during the 2005 2060 funding cycle. During the first 6 months of the current 2060 project, the additional staff hired has been able to provide 122 adult victims of domestic violence with 400 hours of advocacy based counseling which was unavailable previous to this project. This additional case management has focused on housing related activities. For the first time there is dedicated staff to focus their attention on residents housing options and other related case management needs. 2. Describe your agency a) What is the mission of your agency? Womencare Shelter is a feminist organization working to end domestic. violence by providing safe shelter, 24-hour crisis support services, and community education. b) Include a brief history that describes and documents your experience with the type of program for which you are requesting SHB 2060 funding Womencare Shelter is a private, non-profit organization started in 1979 as a volunteer -based, grass roots program dedicated to ending violence against women and children by providing a confidential, safe haven for Whatcom County's victims of domestic violence. Womencare Shelter's mission remains the same today as it was then, maintaining the original commitment to providing confidential, and emergency shelter and support services for victims of domestic violence. This includes a 24 hour domestic violence Helpline for all victims, their families, friends' co-workers and community professionals. Shelter residents receive advocacy based counseling, information and referral, support groups for residents and their children, legal advocacy, and promote a community response to domestic violence through outreach and education. During our years of operation Womencare has sheltered over 7500 victims and responded to over 22,000 calls to our helpline. c) Specify the advantages of this approach to the problem being addressed. The approach of maintaining the additional staff increases services to our residents. Womencare Shelter has experienced that when cuts in staff and operational costs occur our residents suffer. The staff does not have the time to devote to individual residents because they are scrambling to meet the needs of the whole shelter and responding to the helpline. Adding a half time advocate to the shelter will enable the shelter to develop a staffing pattern which will increase advocacy services .to the residents and prevent staff burnout. By having staff in the administrative office doing tasks such as creating educational materials, forms, and copying intake packets and other materials this will free up a shelter advocate to provide more services to residents. The alternative to this approach is to turn away victims who reach out for help. This would increase injury and death. 2005 SIB 2060 Operating Funds Request For Proposals 12 311 d) Describe your agency's capacity to deliver the service for which you are requesting funding. Womencare Shelter has provided immediate, emergency services to more than 7,750 victims of domestic violence for the last 26 years. Advocates have responded to over 22,000 calls to our helpline. Staff and volunteers at Womencare have extensive training before providing direct assistance. In 2004 Womencare provided emergency shelter to 300 victims of domestic violence. In addition, Womencare Shelter meets or exceeds all of the Washington Administrative Code (WAC) general facility requirements (WAC 388-61A-002 through WAC 386-61A-0125); WAC Supportive Services requirements (WAC 388-61A-0140 through WAC 388-61A- 0160); and WAC Compliance Standards (WAC 388-61A-0165 through WAC 388-61A-0180). Womencare participates and provides leadership in many community groups such as the Whatcom County Domestic Violence Task Force, The Whatcom County Homeless Coalition, the Whatcom County Human Rights Task Force, and is a United Way Partner Agency. Womencare collaborates with other Domestic Violence agencies and shelter programs in our community to share resources and provide cross-trainings for each other's clients, staff and volunteers. Other Womencare affiliations include: a seat on the Bellingham/Whatcom County Commission Against Domestic Violence; and as a long-standing member of the Washington State Coalition Against Domestic Violence, and current member of the Board of Directors. 3. Clients a) What specific Low-income population will fiends be used to support. The.populatioh to be served through this project is low income victims of domestic violence. b) Number of clients served by low-income population. 180 adult victims of domestic violence. c) What specific need or needs will be addressed with 2060 funding? The specific need to be addressed in this project is to continue the increased case management and support services provided during the 2005 2060 project. This project helps the- shelter to meet the emergency shelter and support needs of victims of domestic violence in our community. 4. Outcomes a) Describe the specific expected outcomes and results to be achieved from this funding. The expected outcome is that Womencare Shelter will have the staffing resources needed to meet the requests for shelter services. The result expected is Womencare Shelter residents will receive advocacy based counseling and information that will increase their ability to access support services and safe alternatives to violence and abuse in intimate relationships. 2005 SIM 2060 Operating Funds Request For Proposals 13 312 b) How will you document whether the outcomes were achieved? Womencare Shelter will document the number of advocacy hours for each resident and compare those to the number of hours provided in the past 12 months. 5. Key Players a} Who will be responsible for implementing this project or service? The 2060 project staff will be responsible for continuing implementation of this project with the shelter supervisor responsible for supervision. b) List any collaborative efforts with other agencies that are involved in this program. Womencare Shelter coordinates services with a broad range of sources including: other social service agencies, local law enforcement agencies, justice system personnel, medical, dental, and mental health service providers, schools, churches and concerned citizens. This is accomplished through regular interaction between Womencare Staff and the staff of other agencies working together to meet the needs of shelter residents. In addition, our organization provides referrals for helpline callers to a similarly broad range of organizations including those that provide medical, dental, and mental health care, education and literacy assistances, services for children, legal resources and assistance. Womencare Shelter actively works with other.agencies and organizations in providing a continuum of services for victims of domestic violence. These relationships include formal and informal working agreements 6. Budget information (for existing programs) Complete the attached budget proposal. a} itemize budget. b) If applicable, describe in your narrative any sources of funding for expenses listed in Column B or C that are contingent on receiving SHB 2060 funds and the status of that funding. r 2005 SHE 2060 Operating Funds Request For Proposals 14 313 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT: Womencare Shelter PROPOSED SERVICE: Domestic Violence Progam Budget Period January 1, 2006 through December 31, 2006 DESCRIPTION -A- 2060 COUNTY FUNDS -B- OTHER GRANT FUNDS (City, state, Fed, etc.) -C- OTI-IER FUNDS (Fees, Medicare, Ins., Donations, etc.) -D- PROGRAN TOTAL Salaries(Wa es 16,000. 197,500 71,000 284,500 Personnel Benefits 4,000 60,500 11,500 76,000 Office/OperatingOffice/Operating Supplies 17,500 32,000 49,500 Minor Equipment Professional Services 3,000 6,700 9,700 Communications 6,000 6,000 12,000 Transportation 3,750 3,750 Advertising 1,000 300 1,300 Rentals 10,500 4,500 15,000 Insurance 11,500 11,500 Public Utilities 9,000 1,750 10,750. Repairs & Maintenance 750 8,000 8,750 Machinery & Equipment Agency Administration Miscellaneous(Training) 4,750 Rent Subsidy Other (Specify Total Expenditures1-20,000 314,250 153250 -IF - 487,500 2005 SHB 2060 Operating Funds Request For Proposals - 13 314 SUB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: Womencare Shelter (Name of proposing organization or individual) Hereby certifies: That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. U21W That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposals (RFP) requirements. AUTHORIZED SIGNER: Cheri KiI (Type o r Legibly full narrl of Xiividual authorized to bind Pi (Signature of Executive Director (Title) (Agency, if applicable) 1AHM0601RFP10perations RFP 20061Draft 2060 Operations RFP 05-3Xdoc 315 16 Internal Revenue Service Date: October-22, 2004 Womencare Shelter 2217 Woburn St. Bellingham, WA 98229 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Viola Wahoff 31-07420 Customer Service Representative Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 91-1081685 This is in response to your request of October 22, 2004, regarding your organization's tax- exempt status. In March 1980 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records indicate that your organization is also classified as a public charity under sections 509(a)(1) and 170(b)(1)(A)(vi) of the Internal Revenue Code. Our records indicate that contributions to your organization are deductible under section 170 of the Code, and that you are qualified to receive tax deductible bequests; devises, transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, Aum7/Aj&) Janna K. Skufca, Director, TE/GE Customer Account Services 316 N N U a� Cl) m U C _m 0 U � 0 N Lf) U E a 0 ❑ N ❑ O .S '6 Q. CU O CO �m �1 2 m U c m E 0 to: cD co co 17 CD c_ O 0 .N pNj U •ff � COD O co E m (DLL .Q a a r L N L Ln 0 O > c)C7 0 O Q .� O O i� (D D Z , _ CO C N E w rn _ E ?' E E O' m E E o d j 0 0 Y E E 0 Q () F•+ r co 3 N U � C 3 0 a L a. E O C Q O r 3 -� Q O m i` N L m L a r} '> co Eo❑m w r m.0 0 (Dc E 0QOZ c CS m d N Q m ' C d E °EEcD.cm ca 0 L- ti Cu 0 Y E mE E 0 m(i�'a'm❑ 3.a mU E 0 U CD E X o C O U-) c) G 0,:rci c — [� C; N ❑ CL m E rn m CD ti m m c—:)-�_ O D 0 O "Q— C 'Wg1W cDC cn-z-M—Eu) D U a, 0 w O IC {V E E C in .0 0 as c 'c c c� 0 Z, 0 y L C11 U 0 > 0 co CL o LO Q 0 LaCJ.c4 M EE c E (U co m co U m ¢ cocoC) iti U�w LO C yO (D zr� (D E � L UZ Q.ro (DN C Q m Q — CO E (D'C E Z C m U N c 0 Q) r (DO E Y c 0 DUI-•a•m❑� a .0 C a v C ; a� j ^N, W 0 a LO o c m C' 0 o CD V) Ln f l(D = Q .L7 N Co C� 0 70 C C N (D 0) CO CO U-) to CO - 0 cam iti�ti.S U)¢ C iff c ��Zcm*?cm�Y -2 E � yarn 0 E ay � o N n, 0 Y E E YU Nm❑ 3- m�: Lri C LO �o 7 1L CV .n O a), N U O ` �F-o QI m-Doci a� 7 a" N m N m 0 C E O a�NF- rn O O {II cD Ln C ~L O �¢ 000,` C w =VZJ ZipiD�C r 0 m � C (D�.�N E E L (D�m0 COm — m a 1 U 3 t aEi� 0 U C ` N Q U 010 � 0 tf]CNJ 0 O z CD N 0 m E C ` U) E CO m co — 0 {II U 0 FO-a)m3s 0 O C N co) o U E 0 T N CL a cD -0 CD cD 0 U L Q 0 •M ti h C 0 M Ea LO CO N N �>LDm 0 _0 E M D O O a1 0 0CD L Z f) m (D � O CED Z C E a a) 0 ._ E iu E cu 0 rl- ar co v 0 E E O 7 m❑t OU E O U :3 7 z ?' 7 Co 0 r E ' co r c*� c �+7 N {C c4N 0 O 0 co c*i '1 �(0jrn wNr 0 7 p if) m w Li-m (� r C Elm E (Dm 0 U O m C LO = m �r m 0 as E (Dc E Qin�•-cem❑ UL N3: 317 Attachment B WHATCOM COUNTY 2006 SHB 2060 Very Low Income Housing Funding RFP #05-75 OPERATING FUNDS Application Agency Name YWCA Bellingham Contact Name Julie Foster Phone 360. 734-4820 x104 Fax 360 676 4091 Name of Signatory Authority Juiie Foster Title of Signatory Authority Executive Director Contact Person (responsible for contract administration): Email julie@ywcabeilingham.org Briefly describe the project to be funded. Include the programlproject'title, and location, and a short one sentence description. the YWCA Larrabee Residence,1026 N. Forest, Bellingham offers free and low cost transitional housing to very low and extremely low income women in crisis, along with sufficient casework and support to help insure that our clients do not become homeless again. Amount Requested: $20,000 Is this a local match for other funding? Yes Q No Yes N yes, amount of other funding Source of other funding Period of Performance: From: January 1, 2006 io December 31 2006 The budget page refets to a calendar year January to December funding cycle. 1. Is your agency State and Federal tax-exempt— 501(c)(3)? No QYes (Attach copy of IRS Determination.) is your organization a governmental agency? )? QNo Yes Z_ Is the agency financial management conducted in accordance with GAAP — Generally Accepted Accounting Procedures? No ZYes 3. ,Does the agency conduct a regular financial audit or reviews with a certified public accountant? No Q Yes 4 Does your agency have a Board of Directors? No Q Yes if yes, please attach a current list 318 Limit narrative response to maximum three (3 ) pages 1. Program description -- describe the specific use or activity for which SHM 2060 funds are being requested. SHM 2060 funds will be used to underwrite security and maintenance expenses for the core program of the Bellingham YW. The YW provides transitional housing and services for low and very low mncome women. The program can accommodate up to 36 women in free semi private beds or low cost rooms with shared kitchen and baths offers a secure and supportive setting located within walking distance of many services and the main public -transit terminal. An important part of that security is provided by a resident security and facility maintenance person. This position has become more important as our program runs consistently to capacity: clients require more assistance and the facility itself needs a regular schedule of attention. A prior grant from 2060 funds helped us add hours and tasks to this position and it has proved very beneficial for the program. 2. Describe your agency a) What is the mission of your agency? The mission of the YWCA is to draw together members who strive to create opportunities for women's growth., leadership and power in order to attain a common vision: peace, justice, freedom and dignity for all people. Our new national logo — eliminating racism, empowering women, ywca — is meant to remind our members and the public that the YWCA does more than offer housing and related human services. It advocates for women and their families whatever their culture or race. b) Include a brief history that describes your experience with the type of program for which you are requesting SHB 2060 funding. Specify the advantages of this approach to the problem being addressed. Why is this approach superior to other possible solutions? The YWCA of Bellingham is a 501 (c) 3' non-profit organization which has served Whatcom County since 1907. Since the Landmark building was given to the YWCA by the Larrabee family in 1914 it has provided many services always including some type of safe affordable housing. In recent -years the Bellingham Whatcom County Continuum of Care Gaps Analysis continues to show an'urgent need for transitional housing in Whatcom County. The YWCA began respo�ndmug to that need in 1998 by moving from low cost housing to free and low cost. transitional housing for women. Our transitional housing is a Progam — not just housing. Having safe -affordable shelter and an address is certainly the most basic, requirement as women struggle to become self-sustaining and independent again. But most also need help to develop a plan for success and then regular casework to make sure they are able to follow their plan and ``transition" to permanent housing and work. The YW provides that help for more than 100 worsen each year. Emergency clients live in: free semi —private curtained alcoves for up to 60 days. Paying residents in the transitional program have private rooms with shared kitchen, bath and laundry facilities_ This community living model has proven very effective. Residents often serve as mentors and very valuable sources of support for each other. This is Whatcom County's only transitional program, intended specifically for single women and it is the closest thing to an emergency shelter for women that is offered in this community_ c) ' Describe yourage hcy's capacity to deliver the service for which you are requesting funding. The list of other programs and services that have been offered by the.YW in this building over the years is Iong and notable. because of the YW's dedication to identifying and filling unmet needs for women and girls. Womencare.Shelter began on the 2nd floor of the YW; Dorothy Place was the result of a YW's effort to fill a desperate need for help by victims of domestic violence with children; Domestic Violence and Sexual Assault Services began with support from the YWCA; for many years the YW ran an ambitious health care program for low income women that included a mammogram van until such-seivices were more readily available in the community; Maple Ally Inn which serves free meals to folks on the street began at the YWCA; and for many years there was a very popular program for middle school girls called SMART designed to mntroduce girls to math and technology. In addition there are always been -programs to educate and advocate about issues for women and their families. This year will mark the 81° year of the Northwest Women's Hall of Fame Awards for women who make a difference mn our community. At the same time the YW always offered low cost housing, and an endless variety of classes including swimming and exercise 319 for women. The YWCA has the capacity to design and run successful programs and adapt to changing community needs. We already have a list of two or three programs needed in our Community. 3. Clients a) What population will be served with this project/program? Very low income single women ages 18 and older. The average age of our clients is about 43. Currently we have a resident who is 80. In 2000 a $1.4 million renovation brought this landmark building up to code adding several beds and ADA accessibility that has allowed us to accommodate many women with health or age related mobility problems. This was a huge effort for an organization this size but now the rooms are always full and our data shows that both the emergency and transitional programs are meeting outcome goals. b) What specific need or reeds will be addressed with this programfproject? Our clients find themselves in need of free or low cost housing for many different reasons. In most case they are quite surprised to find themselves needing a place like the YW. 4 Some have first lost a job, then their car and finally run out of friends' couches to sleep on. 4 Some are working part time with no benefits and little full time prospects. 4 Some are working full time at minimum wage and paying off debt. Many have serious physical problems they can barely afford to treat. Some simply have limited mobility due to age or the effects of medication. Some have received emergency treatment in the hospital — an operation, seizure, or diabetic episode — and have been sent home to recover even thoughh they have no home. Some have lost their spouse and are just learning to manage their lives alone. Some have children who are far away, unable to help financially or provide a bed. Some are escaping abusive situations. Most have domestic violence somewhere in their background. Many have severe mental health problems that they do not acknowledge or treat Some would benefit greatly from treatment of those everyday mental and emotional issues that don't quite qualify for mental health assistance. Some have substance abuse issues - still struggling to stay clean for 60 days. q Some have been clean for more than 60 days but are still paying the price of damage to health and relationships. The range of needs is complicated. With cutbacks on care for the mentally ill we find ourselves often in the position of evaluating whether a -woman with mental health issues will be able to fit into oar community setting. Uwe take the chance, we are committed to additional casework for the success not only of that individual but for other at risk residents. Our security person plays a critical role working with our housing director to make sure we don't miss signs of stress among the residents.. In addition to a safe place to sleep, each client is provided with everything she might need including voice mail, free local phone service, personal supplies, bedding, food, bus passes, clothing from the Back to Work Boutique -and comprehensive case ,management There are many services available in our community. The women on the above- list will be referred to.the appropriate service or services as -required. The goal is to help women get back•on their feet and transition to living wage jobs and permanent housing as quickly and as 'successfully as possible and to minimize the likelihood of becoming homeless again. But beyond that there is a range of classes and programs that the YW does to help our clients and other women avoid becoming homeless. 4. Outcomes a) Describe the expected outcomes and results to be achieved from this funding. A.pnor' grant from the 2060 funds was used to add maintenan= h urs too staffjob. The security person is responsible for the safety an_ security of the residents and the building during evening hours. She also works with the Housing Director to observe resident problems. This is a•program with rules that make in possible for 36 women to live together and share facilities. The Security Person receives some overnight shift pay and minimum wage for staffing events and classes that are el'�d ur— o in meeting room. But with the SHP grant we have been able to add hours to that job which makes the job more 320 attractive and helps us maintain the quality of the building and insure the health and safety of our residents. We have been able to rely on a retired volunteer maintenance man to do the many tasks that any facility this size requires. Some situations require additional outside contractors. We do our best to find women contractors to do those jobs. In a living situation where over 50% or the residents have some domestic violence in their background male workers need to be accompanied by a female staff member. The ability to add some of these tasks to our live-in security position along with some othei; basic maintenance freed up primary staff for other work. This has been a wonderful improvement on how the building is managed. The use of SHP funds to cover some of the basic cleaning and maintenance costs helped free up time and funds to contract with a fund developer. We now have a clear plan for our up -coming capital work and are designing a comprehensive fund raising plan that, among other things, will allow us to build this expanded security position into our budget. The current fund request would continue the support for the security/maintenance position and additional maintenance tasks. b) How will you document whether the outcomes were achieved? Strategic use of SHP funds will assure that we stay on our maintenance plan to preserve and protect this facility for the long term while making most efficient. use of available volunteer and in -kind help. Quarterly reports will be kept and annual reports filed with the State. It will also help us to serve more women. We are always working to shorten the number of days that a given room is empty. If our maintenance procedure is efficient we can minimize that time. We always have a waiting list. Additional help from our security maintenance position will insure that the turnover time is short. Extensive entry and exit data on our residents is already collected_ It has long been a goal to establish more long terra connections with clients to measure longer term outcomes and facilitate follow up casework if necessary to prevent recurring.. homelessness. So far the needs of those who require help node have taken.precedence. In the past we worked with a Human Services Master Class to begin to design a protocol for obtaining resident permission for future contact. Clients often would just as soon forget the period in their life that brought them to the YW. The stat that we have collected are overwhelming positive — folks are more willing to share success stories. 5. Key Players a) Who will be responsible for implementing this project or service? The YW has an experienced Executive Director, Housing Director and Finance Administrator along with dedicated support staff. With the able and energetic support of the Board of Directors and the Board of Trustees this group has been responsible for major positive changes in the YW program over the last six years and is committed to implemeinting systems that will assure successful program outcomes for the newt several years even in the face of inevitable. staff and Board changes. bList any collaborative efforts with other agencies that are involved in this program, The YW always collaborates with many other agencies in the community to provide housing as needed for their clients and to make sure our clients get the additional help they need to get a new start. The staff helps emergency and transitional residents to establish links with appropriate agencies and support services which include the Bellingham Food Bank, Whatcom Transpoitation Authority, Bellingham Housing Authority, DSHS, Social Security, DVR and other sources of financial assistance. Interfaith, Sea Mar Health Clinics, AA and NA groups, St Joseph's and other alcohol and drug recovery centers, along with Whatcom Counseling and Psychiatric Services offer crucial services for many of our residents. Our housing director is frequently in touch with Shelter Care Plus, the Public Defender's Office,. Probation Department, Job Corps, WorkSource, Labor Ready and other employment agencies; Bellingham Technical College, Whatcom Community College, the Literacy Council, New Beginnings, Northwest Youth Services, and Law Advocates. We almost always have. a waiting list and make every effort to refer applicants to agencies where they might obtain more immediate assistance: the Opportunity Council, Womencare Shelter, Lydia Place, Agape House, the Lighthouse Mission. The Assistance League, Y's.Buys the Salvation Army, and our own Boutique can supply personal supplies and clothing. The YW is as active member of the Whatcom. County Homeless Coalition and the Coalition Steering Committee, frequently provides ureeting space and other support to other agencies and participates wherever possible in community planning efforts. 321 Attachment C 2006 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals APPLICANT: YWCA Bellingham PROPOSED PROJECT: Emergency and Transitional Housing Budget Period January 1, 2006 through December 31, 2006 DESCRIPTION Salaries/Wages -A- 2060 COUNTY FUNDS 7,500 -B- OTHER GRANT FUNDS (City, State, Fed, etc.) 21,163 -C- OTHER FUNDS (Fees, Medicare, Ins., Donations, etc.) 140,637 D- PROGRAM TOTAL 169,300 Personnel Benefits 3,838 26,862 30,700 Office/Operating Supplies 625 4,375 5,000 Minor Equipment 125 875 1,000 Professional Services 2,400 6,600 9,000 Communications 1,063 7,437 83500 Transp6rtation/Conf 375 2,625 33000 Advertising 188 1,312 1,500 Rentals -- -- -- Insurance 2,663 18,637 21,300 Public Utilities 2,500 17,500 20,000 Repairs & Maintenance 12,500 3,875 14,625 31,000 Machinery & Equipment 500 3,500 4,000 Rehab/Maintenance Project: Roof 48,000 48,000 Agency Administration ,Included in Wages/Salaries Above Miscellaneous 250 1,750 2,000 Rent Subsidy -- -- -- Other: Dues/Fees/Permits 338 2,362 2,700 Tuition Assistance 188 1,312 1,500. Interest Expense 400 2,800 3,200 Total Expenditures 20,000 88,491 253,209 361,700 2006 SHB 2060 Operating Funds Request for Proposals 1 322 YWCA 2005/2006 Board Roster Kathryn Brown -------------- --- -. - -- -h. 714-1475 2636 Hamptori Place, B'ham, 98225 Anv. Date: 412204 email: hamptonpiace2comcast.net Meg Bruck-------- ------------- w: 756-0333 EiS Grouph: 752-0773 611 Willow Road, B'ham 98225 Anv. Date: 412000 email: mbruck uswest.nat Marilew Calapp- -- -- —h. 71.5-9620 1607 Northshore Drive, B'ham, 98226 - Anv. Date: 412004 email: micalapp@comcast.net Joyce Cheney --- w: 676-0707 2195 North Shore Rd., B'ham 98226 Anv. Date: 412002 email: niano42(a)comcast.net Jo Collinge—------- h. 676 5648 3812 Fraser, B'ham 98229 - cell 305-4141 Anv. Date: 412005 email: joyfulioey&comcast.net Sharon Coss - ---- w: 384-2285 177E-telegraph PMB507 h: 778-0127 Bellingham; 98226 Anv. Date: 412003 email: sharonc@Iummi-nsn.gov Lisa Fox w. 738 6300 x2862 PMB 1021659 Birchwood Ave.,-- - h: 510-7184 B'ham 98225 Anv. Date: 412005 email: ' Lfox@peacehealth.org Kristi-Gruett.................................................. w: 734-8500 Smith Bamey 2200 Rimland Dr. Bham, 98226 Anv. Date: 412004 email:,kdstina.grue#@smithbamey.com Diane Hagen h: 398-1375 1570 E. Smith Rd., B'ham 98226 Anv. Date: 412002 email: cdiane61@hotma1I.com Kathryn Hanowell (on Leave)- - w: 676 6960 Human Resources Manager h: 966-4737 City of Bellingham H: 3850 Gilmore Rd. Everson, 98247 Anv. Date: 4120.01 . email khanoweil@msn.com Elsie Heinrick---- h: 671-9534 6 Pattle Street, B'ham, 98225-- fax: 734-4971 Anv: Date: 412000 email: ElsieHeindck{a comcast.net Kay Ingram--------_--- ------ -----_--cell: 927-2141 5594 Potter Road, Deming, 98244------------h: 592-2819 Anv. Date: 4/2002 email: kayin. ram123(aihotmail.com Cheryl Johnson---------- � --------------w: 312-2378 2563 Lummi Shore Rd, B'ham, 98226-----h: 758-2274 Anv. Date 412005 email: cheryim@silverreefcasino.com iris Kaneshige-----------------=--- w: 647-6365 X205 3117 Alderwood Ave., B'ham, 98225 --- h: 671-2412 Anv. Date: 412005 email: ikaneshige@cob.org Megan Lynch-647 2460 Planned Parenthood--- w. 734 9007 ext 3011 2820 Walnut St., B'ham, 98225 Anv, Date: 412004 email: Maaan.Lyncht7ambpp.oM Jenny MacQuaerie -------h: 676-4653 712 Racine Street, B'ham 98229 Anv. Date: 412001 email: e.maUuarrie(tatt.net - Amory Peck— -w. 734-5574 The Next Step, Owner h: 734=5574 868 Sudden Valley, B'ham 98229— - fax: 734-1582 Anv, Date: 412001 email: amoNpeck@_comcast,net Grace Phelan - .—h: 733-5960 315 Highland Drive, B'ham 98225 Anv. Date: 412000 email: 2tphe Ian Qgmail.com Michelle Vendioia..............................w: 676-2772 x4300 2812 Haxton Way, B'ham 98226 .................... h: 758-2170 Anv. Date 412005 email' mvendiolaonwic.edu Michelle Zirnberoff.......................................w: 201-9904 1435 Roy Road, B'ham 98229.......................H: 733-4245 Anv.Date: 412005 ZimberoffTn@aol.com YWCA Office 1026 North Forest Street, Bellingham 98225 Phone: 734-4820 Fax:671-4091 email: ywca@ncabellingham.org web'site: www:ywcabellingham.org STAFF: (Direct Office lines: at greeting dial 2,'then ext. # Julie Foster— Executive Director 734-4820 - x104 h: 671-5594) AnnSuloway— DirectorofTransitionalServices X106 Candace Caldwell — Finance Administrator x102 Cindy Kimbley — Office Manager— x101 Kate Lebo — Project Coordinator— x103 323 F fniernal Revenue Service . Department ol. the Treasury is dct rArector Young Women Christian Association of Bellingham 1026 N. Forest St. Bellingham, WA 9'8225-5510 RE: Young Womens Christian Association of Bellingham EIN: 91--0565024 Gentlemen: P.O. -ox 2350 Los Angeles, Cafif. 90053 Person to Contact: BARBARA S. COWANS T efephone !dumber: (213) 894-2336 Pifer .F3eply to: Q-0127.93) Date: April 13, 1993 This is in response to your request for a determination letter of the above -named organizatiot. A review of our records indicates that the above -named organization was recognized to be exempt from federal income tax in September 1942,. as. an organization described in Internal. Revenue Code Section 501(c)(3). It is further classified as an organization that is not a private foundation as defined in - Section 509(a) of the code, because it is an ot-ganiaation described in Section 170(b) (1) (A) (vi) . This letter is to verify your exempt status and the,:fact that the determination letter issued in September 1942 continues to be in effect. If you are in geed of further assistance, please, feel free to contact our Office at the above addzess or telephone number. Sincerely, BARBARA 'S . COwANS Disclosure Assistant 324 SHB 2060 Very Low Income Housing Funding Notice of Funding Availability and Request for Proposals OPERATING FUNDS COMPLIANCE STATEMENT AND SIGNATURE FORM COMPLIANCE STATEMENT: YWCA of Bellingham (Name of proposing organization or individual) Hereby certifies: That they meet the eligibility criteria as described in Section, I. Respondent Eligibility, page 3. 0 That the proposed program activities and services contained in this proposal have been designed in compliance with the Request for Proposals (RFP) requirements. AUTHORIZED SIGNER: JULIE FOSTER (Type or Print Legibly fu e f indiv' ual authorized to bind Proposal) August 3 0, 2005` (Signature of authorized signer) (Date) Executive Director (Title) (Agency, if applicable) 325 200 / -128 WHATCOM COUNTY COUNCIL AGENDA BILL NO. . CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: , / W n J(A � � 2- I 2/27/07 Finance David JH Wilson Division (lead: �/ ,r p 2127107 Council K. Christensen Dept. Head: •�&/arj Fi.9 2 0 7 Prosecutor: D. Gibson l0 0-f7 Purchasing/Budget: yy�� B. Benneir �'�%I"titt P�f� �'i }' i '•= ap &recutive: TITLE OF DOCUMENT. Lake Whatcom Water & Sewer District interlocal agreementfor design and construction ofjoint waterproject ATTACHMENTS: Memo, contractor information sheet, and interlocal agreement with exhibits SEPA review required? ( x) Yes ( ) NO . Should Clerk schedule a {tearing ? { ) Yes ( x) NO SEPA review completed? { x } Yes ( } NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you ►nustprovide 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.) The Public Works Department of Whatcom County proposes to enter into an interlocal agreement with the Lake Whatcom Water & Sewer District to jointly reconstruct an existing water main in conjunction with the Cable Street reconstruction project. The County is pursuing a road closure that will allow for the contractor to reconstruct Cable Street unimpeded by through traffic. This interlocalprovides for the County to reap cost savings through economies of scale and cost sharing for construction management, traffic control, as well as full reimbursementfor the potable water infrastructure. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. I:IStormwater ProjectslCable Street & GenevalLWWaterSewerDistlinter_AB_022707-CIS Revised. doe 326 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT To: From: Date: Subject: FRANK M. ABART Director MEMORANDUM The Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council Kirk Christensen, P.E., Stormwater Manager 0(i February 27, 2007 STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcom co un ty. us RECEIVED FEB 15 2007 PFE KREMEN COUNTY EXECUTIVE Cable Street Reconstruction Interlocal Agreement with Lake Whatcom Water & Sewer District for Design and Construction of Joint Water Project (CRP #999022) Enclosed for your review and approval is the interlocal agreement for the Cable Street reconstruction project (CRP 999022). Said package consists of a Whatcom County Council agenda bill, resolution for contract approval, and project summary. Requested Action Public Works requests that the County Council authorize the County Executive to enter into a contract with the Lake Whatcom Water & Sewer District to detail reimbursement of funds related to the joint roadway, and waterline re -construction project on Cable Street. This recommendation is based on the Prosecuting Attorney's approval as to form and approval of the agreement by the Lake Whatcom Water & Sewer District board of directors. Background and Purpose Public Works is progressing towards construction of the Cable Street project in the May 1, 2007 through September 1, 2007 available work window for the Lake Whatcom Watershed. In an effort to conserve public resources, and minimize impacts to the public from roadway construction; staff proposed replacement of an existing water line during construction of a county road project. The proposed road closure and detour of traffic provides a unique opportunity to upgrade infrastructure within the Cable Street right of way without the complications of on -site traffic management. Funding Amount and Source The waterline portion of this project will be funded through the Lake Whatcom Water & Sewer District, and funding for the roadway portion will be supported by County Road funds coming from the 2007 Public Works Annual Construction Program. Please contact David Wilson at extension 50778 if you have any questions or concerns regarding the terms of this agreement. Enclosure 1:\Stormwater Projects\Cable Street & Geneva\LWWaterSewerDist\inter AB_022707-CIS Revised.doc 327 WHATCOM COUNTY CONTRACT INFORMATION SHEET Public Works - Stormwater Contact Person: David JH Wilson Contractor's Name: Lake Whatcom Water & Sewer District Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes x No Yes No If an Amendment, previous number(s): Is this a renewal? Yes No x Whatcom County Contract No. _"'aa 76 20/Ar Contract Amount:(sum of orig contract amt Final contract amount will be determined when the county council awards the and any prior amendments) Cable Street reconstruction to a contractor through the public works construction $ 368, 410. 00 advertisement process. The engineers estimate for expected reimbursements is This Amendment Amount: roughly $250, 000, however the interlocal agreement is written to provide $ reimbursement to the county for costs related to the potable water system Total Amended Amount: construction. Actual rates and final amounts of reimbursement will be set by the $ - contractors bid prices, and the percentage of actual completed work. Scope of Services Construction of a municipal potable waterline in Cable street to be dedicated to the Lake Whatcom Water & Sewer District, construction management, applicable taxes, and traffic control services associated with construction of the proposed water line. Nature of Contract Amt: ( Check one) Fixed Amount _ Not to Exceed x_ Open Ended x_ Term of Contract: Expiration Date:1213112008 Renewal Option Yes x No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routine Steps & SiQnoff.- IsiRn or initiall !indicate date transmitted 1. Prepared by: Remy Stratton Date 219/07 (electronic] 2. Attorney reviewed.- Daniel L. Gibson Date 02/09/07 [electronic] 3. AS -Finance reviewed: Date :Z,1191- telectronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signoff.• Daniel L. Gi son Date 02/09/07 6. Contractor signed: / vs c Date A p 7. Submitted to Exec Uffice Date a, summary via electronic; hams] 8. Reviewed by DCA Date 9. Council approved if necessary) Date 10. Executive signed: Date 11. Contractor Original Returned to dept; Date 12. County Original to Council Date this form may need to expand to more than one page C:1DOCUME—IIADMINI—I\LOCALS-11TemplGWViewerlinter AB-022707-CIS Revised.doc 328 Whatcom County Contract No. z:t!za/Q 1NTERLOCAL AGREEMENT WHATCOM COUNTY — LAKE WHATCOM WATER AND SEWER DISTRICT DESIGN AND CONSTRUCTION OF JOINT WATER PROJECT WHEREAS, the Public Works Department of the Whatcom County, 5280 Northwest Drive, Bellingham, Washington 98226 ("County") and Lake Whatcom Water & Sewer District, 1010 Lakeview, Street, Bellingham, Washington 98226 ("District") desire to exchange certain engineering and construction services to the mutual advantage of each jurisdiction: and WHEREAS, the County and District have an existing 25-year franchise agreement, effective September 27, 2005, granting the District the right and authority to enter upon County roads, rights -of - way and other County property as designated hereinbefore, for the purpose of constructing its water mains and all necessary appurtenances connected therewith, and for repairing such mains and appurtenances, and for operating and maintaining said mains and appurtenances; and WHEREAS, the County and District have an existing 50-year franchise agreement, effective October 71h, 1971, granting the District the right and authority to enter upon County roads, rights -of -way and other County property as designated hereinbefore for the purpose of constructing the District's sewer force mains and all necessary appurtenances connected therewith, and for repairing such mains and appurtenances, and for operating and maintaining said mains and appurtenances; and WHEREAS, Whatcom County has entered into a professional consulting engineering agreement with Wilson Engineering, LLC, to design the County's road reconstruction and stormwater improvements for Cable Street; and WHEREAS, as a part of this road reconstruction project, existing water mains and services lines will be replaced. During road reconstruction, the District's existing water mains will be abandoned in place and replaced with new mains along with new service lines from the new main to existing water meters; and WHEREAS, it is in the interest of both parties to combine the County road reconstruction project and the District replacement of portions of existing water mains and services lines within the project limits into one design and construction effort. The replacement portion of the water main will be approximately 1400 feet long; and WHEREAS, RCW 39.34 allows municipalities to enter into Interlocal Agreements to set forth the conditions of providing services to one another; and WHEREAS, it is in the best interest and economy of each party hereto to enter into this Interlocal Agreement, NOW THEREFORE, THE WHATCOM COUNTY AND LAKE WHATCOM WATER AND SEWER DISTRICT AGREE AS FOLLOWS: 1) Cable Street Reconstruction Project. A. The District will reimburse the County for all expenses related to design and construction of replacement portions of the water main. B. The County will pay its consultants for design and construction administration of the road construction work. lnterlocal Agreement —Lake Whatcom Water & Sewer District Design & Construction of .Joint Water Project (CRP #999022) Page 1 329 C. The District will provide design information regarding the replacement portions of the water lines. D. The consultant will packagc the results of the joint road and water main design into a single construction contract bid document for the entire Cable Street Reconstruction Project. E. The County shall construct the replacement water utilities in Cable Street, but the District shall own said utilities. F. The County will advertise for construction bids and award a construction contract under the County bidding requirements. 2) Right -of -Way and Permits. The County has obtained necessary rights -of -way, easements, permits and approvals to facilitate the road construction project. The District's replacement water utilities shall be included in the District's current franchise agreements with the County. These relocated utilities, which are used exclusively by the District, shall be the property of the District. 3) Construction Contract Bid Document. It is mutually agreed that the single prepared construction document will list bid items for the County's road construction work and bid items for construction of the District's replacement portions of the water lines on a single bid schedule. The County will act as the lead agency during the bidding and award of the contract, and will award the contract to the lowest responsible, responsive bidder of the total road construction project in accordance with County's bidding requirements. County agrees to defend, indemnify, and hold harmless the District from any and all claims, suits, or actions at law or in equity that may arise from the County bidding, award construction, or administration of the contract. Upon acceptance of the project as complete by the District Board of Commissioners, this indemnification provision shall no longer be in effect for subsequent claims, suits, or actions at law or in equity arising from the County's actions or failures to act. 4) Shared Construction Costs. The District shall reimburse the County for actual construction costs associated with replacing the utilities in the amount of the total final costs associated with Cable Street Reconstruction, CRP No. 999022, all of Bid Schedule B -- Installation/Relocation of Water Line, and a portion of Bid Schedule A — Roadway, Bid Item 4 — Traffic Control. The portion of Traffic Control shall be defined as the percentage Schedule B in relation to the awarded total project cost (Schedule A plus Schedule B). See equation below. District Portion of Traffic Control: Bid Item 4 Traffic Control Amount * (Schedule B / (Schedule A + Schedule B)) 5) Payment of Construction Contract. A single contract will be between County and Contractor, and all payments to the Contractor shall be made by the County. County will verify all schedule items for payment. District will reimburse County for its portion of shared schedule items relating to the replacement portions of the water lines installed, within 30 days of receipt of billing from County. The County agrees to provide sufficient supporting documentation with said invoice to allow the District to adequately review it for compliance with this Agreement. 6) Construction Administration. County will be the lead agency in administering the entire contract, and will perform all construction phase engineering and documentation for the project. The District shall perform construction phase inspection for installation of the replacement portions of the water lines installed. The District shall reimburse the County for construction phase administration costs in the amount of ten percent (10%) of the final total costs associated with Cable Street Reconstruction, CRP No. 999022, all of Bid Schedule B. Interiocal Agreement —Lake Whatcom Water & Sewer District Design & Construction of Joint Water Project (CRP #999022) Page 2 330 7) Shared Construction Phase Engineering and Inspection Costs. District agrees to pay all construction phase engineering and inspection costs for the replacement portions of the water lines as installed by the County during the construction project. The County may provide an additional inspector for a joint inspection effort, but the County will absorb cost for its own supplemental inspector, if any. 8) Term. This Agreement shall be binding upon the parties hereto, their successors and assigns and shall continue in full force and effect until the issuance of final payment by the District to the County under the agreement and all one-year warranty requirements have been fulfilled as required by the construction contract documents. 9) Responsible Persons. The person responsible for the administration of this Agreement on behalf of Whatcom County shall be the Director of Public Works. The person responsible for administration of this Agreement on behalf of the District shall be the General Manager. 10) Indemnification and Hold Harmless. Neither of the parties to this Interlocal Agreement shall be deemed to assume any liability for the negligence of the other party, its officers or employees, nor for any defective or dangerous condition of the other party's real or personal property and each party hereto mutually agrees, covenants, and promises to hold the other party harmless and to defend and indemnify the other party against any claims for damages, actions at law, suits in equity, or other legal proceedings resulting from the negligence of the such party or from any defective or dangerous condition of the such party's real or personal property. Neither County nor District shall assume any liability for the direct payment of any salary, wages, or other compensation to any other of the party's personnel performing services hereunder or for any other liability not expressly assumed herein. 11) Ownership and Maintenance of Facilities. The District shall own the water main whose construction is the subject of this agreement. The District shall pay for operation, maintenance and repairs of said facilities. 12) Dispute Resolution a) Arbitration. The Parties mutually covenant to work cooperatively to timely resolve any issues that may arise between the Parties concerning this agreement. However, any dispute or claim shall be submitted to mandatory, conclusive and binding arbitration under the rules and procedures of Whatcom County Mandatory Arbitration Rules (WCMAR). The parties shall jointly stipulate to an arbitrator, or one will be selected in accordance with WCMAR. The arbitrator's award shall not be limited by otherwise applicable MAR rules. The prevailing party shall be entitled to reasonable attorney's fees and costs. The arbitrator's decision may only be appealed pursuant to RCW 7.04. b) Governing Law and Venue. The Parties agree that any dispute shall be governed by the law of the State of Washington and shall be heard in Whatcom County. 13) District as Additional Insured. The County shall require the construction contractor who is ultimately awarded the contract to provide the District with a certificate of insurance and endorsement specifically naming the District as an additional insured prior to the contractor commencing work on the construction project. The contractor will provide at least $1,000,000.00 in general liability coverage and shall include automobile insurance. Interlocal Agreement —Lake Whatcom Water & Sewer District Design & Construction of Joint Water Project (CRP #999022) Page 3 331 14) Administration. The parties do not intend to create any new or separate legal or administrative entity by this agreement but, rather, intend for this mutual Agreement to govern the District's financial support for the project. The terms and conditions contained herein reflect the voluntary participation of the parties. 15) Relationship to Other Agreements. The entire agreement between the parties hereto relative to the Cable Street Reconstruction Project is contained in this Agreement. This Interlocal Agreement is in addition to, and is not intended to replace or substitute for any other agrccmcnt between the Whatcom County and Lake Whatcom Water and Sewer District. Those other agreements continue in effect according to the terms of those agreements. DATED this 1114tl day of r6b RuAPY , 2007 &1,4 HV rr�i-2 Xs5(57-XV7-6a.SAf& LAKE WHATCOM WATER AND SEWER DISTRICT 6,a,v,-R,cr- MA v t6Z�e Tames Neher, General Manager IN WITNESS WHEREOF, the parties have executed'this agreement in Bellingham, Washington, to exchange certain engineering and construction services on the day and year herein indicated. DATED this day of �ruc , 20�.a -Whatco ; ter and Sewer District. / Deb Xrdg*Tby-%iWert; President, Board of STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) Z) k �; {� On this day personally appeared before me IaAe rfi , to me known to be the President of the Board of Commissioners of Lake Whatcom Water and Sewer District, the water district that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the water district, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of said district. WITNESS my hand and official seal this `day of l'�� , 2007. Approved as to folio: RESICK HANSEN & Brian L. Hansen,'Attorney for Lake Whatcom Water and Sewer District Interlocal Agreement —Lake Whatcom Water & Sewer District Design & Construction of Joint Water Project (CRP 9999022) Y PU$LIC in and f r the $fate of ;ton: Residing atz61; �k emission Expires: � Page 4 332 IN WITNESS WHEREOF, the parties have executed this agreement on the day and year herein indicated. FOR WHATCOM COUNTY Pete Kremen, County Executive APPROVED AS TO FORM: ka,md,A. L42,� Daniel L. Gibson, Senior Civil Deputy Prosecuting Attorney STATE OF WASHINGTON ) } ss. COUNTY OF WHATCOM ) DEPARTMENTAL APPROVAL: -6z; 74� Dea-ne-&m&H, Public Works A4rnk&tf-ater Framk M. Abart Director On this day of , 2007, before me personally appeared Pete Kremen, to me known to be the Whatcom County Executive, and who executed the above instrument and who acknowledged to be the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Interlocal Agreement ---Lake Whatcom Water & Sewer District Design & Construction of Joint Water Project (CRP 9999022) Page 5 333 EXHIBIT "A" Cable Street Reconstruction Interlocal Agreement Description and Scope of Work Introduction: The proposed project reconstructs the road with an enhanced state-of-the-art drainage system, bike lanes, and sidewalks. Tying into the water quality swales constructed last year, treatment facilities for 110 acres of urban land use will be constructed by the project activities. In the preliminary scoping of the proposed Cable Street reconstruction, design staff realized that impairing any access to Sudden Valley or Lake Whatcom Boulevard would be a transportation and disruptive burden for the Geneva neighborhood, as well as commuters that use this route on a daily basis. The project limits are defined by the Cable Street intersection with Lake Whatcom Boulevard on the east, and the Lakeview Street intersection with Cable Street on the west. Cable Street is a road that was built for rural access well before much of the surrounding urbanization had occurred. After design staff determined that the proposed work would create a bottleneck on the only collector road in the area, it was determined to maximize any additional public work within the County -owned right-of-way. By combining resources with private utilities and performing more work within the footprint of the roadway, public resources could be conserved by cooperating with potential project partners. Besides the direct public cost savings, combining construction activities could reduce future disturbance and delay of traffic associated with managing failing infrastructure for years to come. Purpose: This agreement is intended to define a formal working relationship between Whatcom County and the Lake Whatcom Water & Sewer District (District) in the Cable Street joint reconstruction project. The County is taking the responsibility for design, contract administration, and construction management. The terms of the agreement provide for the reimbursement of all costs related to the waterline construction, a percentage of the traffic management, and the construction administration. The cost of the waterline work could be roughly 10-15% of the overall project cost. Combining this work provides a larger total fee for the contractor and hopefully will lower overall unit costs for both the County and the District. Objective: Construction of a new Cable Street road section and drainage enhancements, while maintaining existing capacity with one -lane each way for traffic, creating a bike lane in each direction, construction of sidewalks down both sides of the street, and upgrading pedestrian facilities at intersections and existing crosswalks. Construction management will be focused on maintaining public safety, providing the contractor with a safe and efficient work area to manage construction activities, and maintaining core services to the public impacted by the project. Schedule: The current plan is to perform construction in the Lake Whatcom work window for grading: May 1, 2007 until September 1, 2007. It is expected that the road closure will be posted on site with a 2-week notification sign to be displayed from April 15, 2007 until May 1, 2007. Private utilities that are impacted by the project will work at their discretion through existing franchise agreements in place with the County or through the right-of-way use permit process as administered by Whatcom County Planning & Development Services, Interiocal Agreement —Lake Whatcom Water & Sewer District 334 Design & Construction of Joint Water Project (CRP #999022) Page 6 v 1.0 EXHIBIT "B" Cable Street Reconstruction InterIocal Agreement Budget Estimate Note: Actual project costs will be based upon bids received from contractors, and the bid award will be approved by the Whatcom County Council before the lowest responsible bid is accepted. Item Description Estimated cost Estimated County portion Estimated Water District portion Traffic Control* $50,000 $45,000 $5,000 Construction Management" $100,000 $90,000 $10,000 Waterline * Construction"* $200,000 $0 $200,000 Sales Taxes $18,060 $0 $18,060 Totals $368,410 $135,000 $233,060 * As indicated in the interlocal agreement, the Lake Whatcom Water & Sewer District (District) will pay a portion of the traffic control as a percentage of the waterline cost versus the total contract award price. ** The District shall reimburse the County for construction phase administration costs in the amount of ten percent (10%) of the final total construction management costs associated with this project. *** The District will pay 100% of the water main installation construction costs as well as any applicable taxes. Interiocal Agreement —Lake Whatcom Water & Sewer District 335 Design & Construction of Joint Water Project (CRP #999022) Page 7 v 1.0 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-129 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1129107 2/27/07 finance/Counci Michael McFarlane Division Head." r r� t7 f_ 'LE9 2 0 20 0l Dept. Head: 1129107 Michael McFarlane I `o U COU'`C!L Prosecutor: 41%P1 Pnrchasin ,Bud ei: Orl� 1/1210 ? Executive: , "L) 1 o TITLE 04P DOCUMENT. • Interlocal Cooperative Agreement between Skagit County and Whatcom County (Parks & Recreation) ATTACHMENTS: Interlocal Cooperative Agreement between Skagit County and Whatcom County (Parks & Recreation) SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( J NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The Skagit County Sheriff's Department has requested use of the Plantation Rifle Range, 5102 Samish Highway, Bellingham, Washington for the purpose of providing firearms qualifications for commissioned and non-commissioned personnel. The term of this Agreement would be from January 1, 2007 through December 31, 2007. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 336 WHATCOM COUNTY coo Michael G. McFarlane PARKS & RECREATION DEPT. 3�P� " y� RECEIVED Director 3373 Mt. Baker Hwy. ; Bellingham, WA 98226 `�-- astri N 0 FEB 12 2007 PETE KREMEN MEMORANDUM f NiArrvcvrrrr"'� TO: Pete Kremen, County Executive FROM: Michael G. McFarlane, Director RE: Interlocal Cooperative Agreement with Skagit County Sheriffs Department DATE: January29, 2007 Enclosed are two (2) originals of the Interlocal Cooperative Agreement between Skagit County and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose The Skagit County Sheriff's Department has requested use of the Plantation Rifle Range, 5102 Samish Highway, Bellingham, Washington for the purpose of providing firearms qualifications for commissioned and non-commissioned personnel. The term of this Agreement will be from January 1, 2007 through December 31, 2007. ■ Funding Amount and Source Funds under this agreement will be $9,067.50 ($8,364.85 plus 8.4% sales tax of $702.65), for 2007, paid by Skagit County per agreement schedule. ■ Differences from Previous Contract This is a new agreement for 2007. The previous 2006 agreement with Skagit County was Contract No. 200512025. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement. Encl. 337 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. doo-zoa015 Ori inatin Department: Parks & Recreation Contact Person: Michael McFarlane Contractor's Name: I Skagit County Sheriffs Department 11 Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No If an Amendment, previous number(s): Is this a renewal? Yes No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $9, 067.50 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services To approve the request by the Skagit County Sheriff's Department to use the Plantation Rifle Range, 5102 Samish Highway, Bellingham, Washington for the purpose of providing firearms qualifications for commissioned and non- commissioned personnel. The term of this Agreement will be from January 1, 2007 through December 31, 2007. Nature of Contract Amt: ( Check one) Fixed Amount X Not to Exceed Open Ended Term of Contract: January I, 2007 Expiration Date: December 31, 2007 through December 31, 2007 Renewal Option Yes _ No _ Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & SignofF. (sign or initiall (indicate date transmitte 1. Prepared by: bnims Date_1129107_ [hard copy] 2. Attorney reviewed: _rjw Date12121106_ [electronic] 3. AS -Finance rewiewed: Date_P (Z-a7 /hard copy] 4. Corrections made: Date (hard copy] 5. Attorney signof); Date 6: Contractor signed: Date 7 7. Submitted to Exec Office L.", Date _ a 19 ardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Date 10. Executive signed: Date IL Contractor Original Returned to dept, Date 12. County Original to Council Date hard copy printed this form may need to expand to more than one page 338 After Recording Return to: SKAGIT COUNTY BOARD OF COMMISSIONERS 700 SO. SECOND STREET, ROOM 202 MOUNT VERNON, WA 98273 WHATCOM COUNTY CONTRACT NO. ;you INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND WHATCOM COUNTY (PARKS & RECREATION) THIS AGREEMENT is made and entered into by and between Whatcom County (Parks & Recreation) ("County") and Skagit County, Washington ("Skagit") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. 1. PURPOSE: The use of the Plantation Rifle Range, 5102 Samish Highway, Bellingham, Washington, by the Skagit County Sheriffs Office for the purpose of providing firearms qualifications for commissioned and non-commissioned personnel. 2. RESPONSIBILITIES: WHATCOM COUNTY PARKS & RECREATION DEPARTMENT RESPONSIBILITIES The Parks and Recreation Department shall make available to the Skagit County Sheriff's Office the Plantation Rifle Range at such time and under such conditions as are hereinafter set forth. SKAGIT COUNTY SHERIFF'S OFFICE RESPONSIBILITIES A. The Skagit County Sheriff's Office shall provide all targets, target standards, ammunition and other materials necessary for the use of the Range. All ammunition used on the Indoor Range will be restricted to a round utilizing a total metal jacket (TMJ) bullet having a muzzle energy not greater than 400 foot pounds. B. Assume responsibility and liability for safety of the entire Range during any period of exclusive use by the Skagit County Sheriffs Office. C. Protect, defend, save and hold harmless Whatcom County, its authorized agents and employees, from all claims, costs, damages or expenses of any nature whatsoever arising out of or in connection with the Skagit County Sheriffs Office use of the Range. D. Be responsible for the conduct of members of the Skagit County Sheriff's Office while on the Range during exclusive use periods. E. Designate, and report to the Range Master the name of an individual who shall act as a qualified supervisor and coordinator of all Skagit County Sheriff's Office activities at the Range. This individual shall be the person with whom the Range Master will work in INTERLOCAL AGREEMENT Page 9 of 6 339 connection with day-to-day matters of Range use, and who will be in direct charge during actual Range use. F. Report any accidents that occur to the Whatcom County Parks and Recreation Department Office within 24 hours. USE OF THE RANGE A. The Skagit County Sheriff's Office shall have exclusive use of the Range on the dates and times listed below. 1111 /07 0800-1600 1118/07 0800-1600 1125/07 0800-1600 318107 0800-1600 3/22/07 0800-1600 4/12/07 1600-2400 5/10/07 0800-1600 5124107 0800-1600 812107 0800-1600 & 1600-2400 8130107 0800-1600 & 1600-2400 916107 1600-2400 10/18/07 1600-2400 11 /1107 1600-2400 11 /29/07 1600-2400 1216107 1600-2400 12/27/07 0800-1600 This exclusive use shall be by mutual agreement of both the Skagit County Sheriff's Office and the Parks and Recreation Department. Use dates scheduled, that are not canceled 48 hours in advance will be charged against Skagit County Sheriffs Office contract. In the event that law enforcement personnel other than the Skagit County Sheriff's Office wish to use the Range in conjunction with use by the Skagit County Sheriffs Office, there shall be an assessment of $9.00 per person for such personnel. B. Individual members of the Skagit County Sheriff's Office upon presentation of their Skagit County Sheriff's Office identification card, shall be entitled to personal use of Range facilities without payment of regular fees. Provided, such use shall: • Be during periods when the Range is normally scheduled to be opened to the general public; INTERLOCAL AGREEMENT Page 2 of 6 0 340 • Be subject to all rules and conditions of use by the general public except for payment of fees; • Not interfere with normal, customary use of the Range; • Be a privilege to be enjoyed by the individual officer only and isn't transferable to others. • Does not include supplies or Trap Range use. 3. TERM OF AGREEMENT: The term of this Agreement shall be from January 1, 2007 through December 31, 2007. 4, MANNER OF FINANCING: A. The Department shall pay a fee of NINE THOUSAND SIXTY-SEVEN DOLLARS AND FIFTY CENTS ($8,364.85+$702.65(8.4% Sales Tax)=$9,067.50). The fee includes 18 sessions at a rate of FOUR HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($425.00), and 90 officers at $15.75 per officer. B. The payment shall be due on or before July 31, 2007. Any additional days may be scheduled by mutual agreement of both parties. Payment for any use beyond the annual 18-day period shall be due within 30 days of billing. 5. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 5.1 The County's representative shall be Sgt. Chad Clark. 5.2 Whatcom County's representative shall be John R. Kienast Jr. 6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agree to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage -prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs INTERLOCAL AGREEMENT Page 3 of 6 341 incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: 'rhe Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10. SEVERABII_ITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. INTERLOCAL AGREEMENT Page 4 of 6 342 IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of APPROVED: BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Chairman Commissioner Commissioner For Agreements under $5000 County Administrator (Authorization per Resolution #R20030946) Recommended: By: Department Head By: Budget & Finance Director Approved as to Indemnification: By: Risk Manager Approved as to Form: By: Deputy Prosecuting Attorney INTERLOCAL AGREEMENT Page 5 of 6 343 Executed as of the date first written above. WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM) On this day of , 2007, before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Given under my hand and official seal this day of 12007. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHA DEPA APPROVED AS TO FORM: Deputy Prosecu ttorney INTERLOCAL AGREEMENT Page 6 of 6 PARKS & RECREATION Director 344 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2007-130 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Origirtalor.- LH 1/10/07 L_ ,to F 12 -3 2 0 2[307 2127107 ?knance/Counc: Division Head: Dvepf. Head: jo-7 Prosecutor- .2/15 L PurchasinglBuket: Executive: TITLE OP DOCUMENT. Interlocal Agreement with City of Bellingham for Technology Business Promotion and Education in Whatcom County ATTACHMENTS. Contract, Memo, Information Sheet SEPA review required? ) Yes ) NO Should Clerk schedule a hearing ? Yes NO SEPA review completed? ) Yes ) NO Requested Date. SUIWMR Y 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 RCWorWCCas appropriate. Be clear in explaining the intent of the action.) This is an interlocal agreement with the City of Bellingham to promote, educate and advocate for technology business and t -dhftldgy-based economic development in Whatcom County COMMITTEE ACTION. COUNCIL A CTION.- Related County Contract #.- elated File Numbers: Ordinance or Resolution Number. Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: rlease ww.co.whatcoin.wa.us/councit. I I 345 W HATCOM COUNTY Executive 311 Grand Ave., Suite 108 Bellingham, WA 98228 MEMORANDUM TO: Whatcom County Council FROM: Dewey Desler, Deputy Administrator RE: Interlocal Agreement for Technology Business Promotion DATE: February 13, 2007 Pete Kremen County Executive ■ Enclosed are two (2) originals for your review and approval of an Interlocal Agreement with the city of Bellingham to promote, educate and advocate for technology business and technology -based economic development in Whatcom County. Funds will be used to: ■ Foster the development, recognition and long-term success of technology companies in Whatcom County; ■ Deliver programs and services of real business value to technology workers; ■ Provide a forum/network for Whatcom County technology companies and workers to exchange information and ideas and capitalize on opportunities; ■ Promote the region as an ideal location for new and expanding technology companies; ■ Advocate an economic, education, tax and regulatory environment and the creation of a workforce and infrastructure that maximize the competitiveness of the area's technology community. Funding for this agreement was included in the 2007 non -departmental budget. When this Interlocal Agreement has been approved the city of Bellingham will contract with a community organization to deliver these services. If you have questions, please contact me. Encl. 346 Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department. Executive Contact Person: Dewey Desler Contractor's Name: City of Bellingham Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No Contract Amount: (sum of orig contract aria If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 48 000 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services This is an interlocal agreement with the City of Bellingham to promote, educate and advocate for technology business and technology -based economic development in Whatcom County Nature of Contract Amt: ( Check one) Fixed Amount _ Not to Exceed Open Ended _ Term of Contract: 1 months Expiration Date: 1213112007 Renewal Option Yes No Last Renewal Expires: Special Dates or clauses that require calendaring: 2. Attorney reviewed: 3. AS -Finance rewiewed: &,4§ 4. Corrections made. 5. Attorney signoff.. 6. Contractor signed: 7. Submitted to Exec Office 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed: 11. Contractor Original Returned to dept; 12. County Original to Council Date 1 /10/07 [electronic] Date [electronic] Date .2i/ D7 (electronic] Date electronic] Date — 1 Date Date 2 _ /S�o 7 Isummary via Date Date Date Date Date hard copy printed electronic; hardcopies] this form may need to expand to more than one page 347 OUN T y ORIGINAL Whatcom County Contract No. A 0 6 70211__ INTERLOCAL AGREEMENT between Whatcom County and City of Bellingham City of Bellingham, hereinafter called City, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Interlocal Agreement, including: General Conditions, pp. 1 to 6, Exhibit A (Scope of Work), pp. 7 to 8, Exhibit B (Compensation), pp. 9. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 281h day of February, 2007, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December, 2007. The general purpose or objective of this Agreement is to: promote, educate and advocate for technology business and technology -based economic development in Whatcom County, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 48,000. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. City acknowledges and by signing this contract agrees that the Indemnificallon provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2007. Accepted for the CITY OF BELLINGHAM Tim Douglas, Mayor Attest: City Finance Director WHATCOM COUNTY: Recommended for Approval: A proved as to form: Prosecuting Aftorng� Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive Intedocal Agreement City of Bellingham Technology Business Promotion v 1.0 Approved as to Form: Office of the City Attorney Page 1 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2007, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The City agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10A Term: Services provided by City prior to or after the term of this contract shall be performed at the expense of City and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11 A Termination for Default: If the City defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the City in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon City's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the City shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the City. The City shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for City Services: Payment to the City for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit V requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer) the County will not reimburse the City for any costs or expenses Page 2 Interlocal Agreement City of Bellingham Technology Business Promotion VU 349 incurred by the City in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the City, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The City understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the City authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). Ali compensation received by the City will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the City to make the necessary estimated tax payments throughout the year, if any, and the City is solely liable for any tax obligation arising from the City's performance of this Agreement. The City hereby agrees to indemnify the County against any demand to pay taxes arising from the City's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The City must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the City's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: Not Applicable 23.1 Labor Standards: The City agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: . The City's services shall be furnished by the City as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the City as an independent contractor. The City acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the City is not entitled to any . benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The City represents that helsheAt maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the Stale of Washington. City will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and SubcoOacting: Not Applicable 30.3 No Guarantee of Employment: The performance of all or part of this contract by the City shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the City or any employee of the City or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the City and/or its consultants or subcontractors, in connection with performance of this Agreement, shall' be shared between the City and the County. Page 3 Interlocal Agreement City of Bellingham -technology Business Promotion v 1.0 350 31.2 Patent/Copyright Infringement: City will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent.such action is based on the claim that information supplied by the City infringes any patent or copyright. The City will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following'. A. The City shall be notified promptly in writing by the County of any notice of such claim. B. City shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: NolApplicable 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The City shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. City also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the City, then the City agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: Not Applicable 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The City agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the City, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The City shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the City is governed by such laws, the City shall lake affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the City shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Page 4 Interlocal Agreement City of Bellingham Technology Business Promotion v 1.0 351 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, City or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then City shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the City to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The City also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the City hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Dewey Desler Deputy Administrator 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the City to the County's Administrative Officer under this Agreement. Notice to the City for all purposes under this Agreement shall be given to the Mayor at 210 Lottie Street,, Bellingham, WA. 98225 Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provislons Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 City Commitments. Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the City and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except Page 5 Intedocal Agreement City of Bellingham Technology Business Promotion v 1.0 352 for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The City shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the City has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the City believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. City shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The City shall not be eniilled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the City has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of ttie arbitrator shall be the sole and exclusive remedy between. them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise conceming the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1,11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Page 6 Interlocal Agreement City of Bellingham Technology Business Promotion V 1.0 353 EXHIBIT "A" (SCOPE OF WORK) Whatcom County will provide funding not to exceed $48,000 to the City of Bellingham to be used to promote, educate and advocate for technology business and technology based economic development in Whatcom County. Goals include: • Fostering the development, recognition and long-term success of technology companies in Whatcom County; • Delivering programs and services of real business value to technology workers; • Providing a forum/network for Whatcom County technology companies and workers to exchange information and ideas and capitalize on opportunities; • Promoting the region as an ideal location for new and expanding technology companies. Outcomes: 1. VISABILITY - Develop an ongoing program to drive visibility and awareness of local technology business and the region by developing and providing promotional information. • Produce a quarterly report on media attention, number of published and submitted articles about technology and or the local technology industry; • Develop and submit a marketing plan that will list planned marketing, advertising and other expenses by the end of the first quarter of 2007; • Create web pages for technology industry information that will become a comprehensive resource for people and organizations searching for information about technology companies in Whatcom County; • Establish a periodic electronic newsletter highlighting technology activities in Whatcom County and the technology industry at large. This newsletter will be distributed electronically to community members as well as the County project manager; • Forward sample marketing material, such as media kit, and scaled down electronic copy of trade show display, which will be used at events and expos; • Collect and make quarterly reports to the County project manager on relevant industry statistics on the local technology industry such as company formation, job growth, average tech wages; • Attend monthly Economic Development group meetings and will work to increase collaboration with other economic development groups locally. 2. NETWORKiNG - Provide networking opportunities, and industry information to the region's high-tech business through monthly luncheons and other events. • Plan 15 programs during 2007 to promote the technology industry in Whatcom County. • Explore opportunities for joint meetings and events. A report on these activities will be included with the quarterly reports; • Explore opportunities for taking advantage of partner organizations' educational programs and events by organizing carpooling and possibly local web casts. The results of member participation in these programs will be reported to the County's project manager quarterly; • Explore and plan for a Bellingham/ Whatcom technology conference in 2007 or 2008 with the goal of promoting local technology industry and higher education in technology studies. A report of findings will be included with the quarterly report at year-end; 3. LINKAGE - Link Whatcom County technology businesses with investors, legislators, educators, support organizations, and other critical resources. Report quarterly on number of inquiries from or about technology companies and the assistancelresponse given; Develop relationships with organizations such as banks, insurance, marketing companies and educational institutions that serve the technology industry. Make concerted efforts to increase their membership and involvement in technology activities; Report quarterly on results from partner relations and joint activities. These partners will include (but are not limited to) Small Business Development Center (SBDC), Sustainable Connections, Bellingham/Whatcom Economic Development Page 7 Interlocal Agreement City of Bellingham Technology Business Promotion v 1.0 354 Council (BWEDC), Bellingham Chamber of Commerce, Bellingham Angels Network, Western Washington University, Whatcom Community College, Bellingham Technical College, Whatcom Tech Prep, Northwest Workforce Development Council, and statewide groups including WSA, Washington Technology Center, and Technology Alliance. • Explore formal partnership with Bellingham Angel Network, which provides funding opportunities for early stage companies and report on the results of this exploration by the 3rd quarter of 2007. 4. STUDENTS - Develop programs geared towards technology -minded students to aid in their successful transition to the workforce. Develop internship program and accept interns for internal operations. Make a quarterly report on this program starting with the second quarter; Assist in matching interns with internship opportunities at member companies. Make a quarterly report on this program starting with the second quarter; Foster partnerships between educational institutions and high technology business by providing privately funded scholarships to students at local educational institutions. These scholarships will be presented at an annual end -of - year banquet. Report on annual scholarship dollar amounts and recipients with quarterly report at year-end. 5. POINT OF CONTACT - Work with other economic development organizations to attract high-tech firms to relocate and or expand to Bellingham. • Make quarterly reports on number of contactsfinquiries, purpose of the contact and outcome; • Update and maintain the industry resource directory after it has been developed. 6. BEST PRACTICES - Promote'best practices' as it relates to technology -based economic development (TBED) strategies. • Monitor national and international developments in TBED policy and practices and incorporate these as appropriate; • Report quarterly from the monthly technology associates meetings of the Technology Alliance where Washington based TBED'groups trade experiences; • Act as a resource on TBED for government and other ED groups. Include highlights of such activities with its quarterly report. 7. PROMOTION - Promote regional implementation of technology to increase the number, growth rate, and competitiveness of Whatcom County's high-tech companies and workers. • Promote broadband infrastructure expansions to areas that are underserved; • Promote science and math proficiency in education; • Promote science and technology degrees at local colleges through websites and publications. Reporting and Documentation • Maintain a written record of activities and results. This record shall be in the form of a quarterly report of all technology -based economic development activities, which shall be forwarded to the County within 30 days of the end of the quarter; • By the end of the year produce a report measuring achievements in relation to goals as set forth in the business plan. Report on the status of the local technology sector and include information such as company creation, attraction and employment base. The annual report shall also include the goals and objectives for 2008; A year end presentation of accomplishments and goals achieved will be provided to the County Council. Page 8 Interlocal Agreement City of Bellingham Technology Business Promotion v 1.0 355 EXHIBIT "B" (COMPENSATION) Maximum consideration for this contract shall be $48,000. The Contract Number shall be included on all billings or correspondence. The City will submit quarterly invoices. Quarterly reports, as outlined in Exhibit A will, will be submitted within 60 days of the end of each quarter, Page 9 Interlocal Agreement City of Bellingham Technology Business Promotion v 1.0 356 WHATCOM COUNTY COUNCIL AGENDA BILL NO. - 2007 — 119 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inalor: 2/20/2007 2/27/2007 Planning Division Head: Dept. Head.' Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Discussion regarding concurrency management/school impact fees ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT 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.) Discussion regarding concurrency management/school impact fees COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 357 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 — 309 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., 7/18/2006 8/8/2006 P & D Committee Division Head: 11/14/2006 Special Meet Dept. Head: 12/05/2006 P & D Prosecutor: 1/30/2007 P & D PurchasinglBudger P & D Executive: TITLE OF DOCUMENT. Discussion regarding Bellingham's Urban Fringe Subarea Plan ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public !rearing, 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.) Discussion Regarding Bellingham's Urban Fringe Subarea Plan COMMITTEEACTION. COUNCIL ACTION. 8/08/06• Discussed in Committee. 11/14/2006: Special Work Session Recommendations will come to the County Council from the Planning Commission in the future. 1/30/2007: Discussed. Held in Committee for two weeks Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at: www. co. whatcom. wa. us/council. g 358 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM Hal H. Hart, A.I.C.P. Director TO: Whatcom County Council -Planning Committee VVI' af�1 GO FROM: Hal Hart, A.I.C.P., Director Linda Peterson, A.I.C.P., o Range Planning Division Manager Troy Holbrook, Lead Planner DATE: February 16, 2007 RE: February 27, 2007 Council Planning Committee Meeting - Bellingham Subarea Plan Update On February 27, 2007, the Council Planning Committee will be reviewing the Urban Growth Area (UGA) zoning recommendations from the City of Bellingham and Whatcom County as part of the Bellingham Subarea Plan Update. A matrix containing the differing zoning recommendations between the City of Bellingham, Whatcom County Planning Commission, and the Whatcom County Planning staff is included to assist in the side -by -side comparison of each of the recommendations. Maps of all areas of Bellingham's UGA containing each zoning recommendation are also attached. At the last Planning Committee meeting on January 30t', a discussion of the Land Supply Analysis and the use of the terms "safety" and "market" factors occurred. These terms have been used interchangeably to account for uncertainties in future market conditions, individual choices on property development, or any other unanticipated issues resulting in land not being immediately available for development. Also, the "land availability factor" in the Land Supply Analysis has sometimes been referred to as a "market factor". ❑ "Safety factor" is the term that has been used in the Land Supply Methodology utilized by the City of Bellingham and Whatcom County. ❑ "Land Availability Factor", applied only within the city limits in the Land Supply Analysis, is the term referring to the 15% historical under -building in the city where the zoning does not include minimum density requirements, and some neighborhoods have built out at suburban densities. ❑ The term "market factor" has been referenced in Growth Management Hearings Board cases, and other documents and comments submitted during the Subarea Update. For consistency, Whatcom County planning staff recommends use of the terms "safety factor" and "land availability factor" in the context of the Land Supply Analysis. To avoid confusion, the term "market factor" will not be utilized in this process. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 359 The final sizing of Bellingham's UGA is partially determined by the recommended zoning of the current UGA. The intent of this meeting is to review the UGA zoning recommendation under the scope of the Land Supply Analysis. Following the adoption of any new zoning within the current UGA, those determinations will influence the overall population capacity of the Bellingham Subarea. The next steps after the UGA zoning determinations will be reviewing the Land Use Policies of the Subarea Plan, and a final determination of the sizing of the UGA. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 360 z a c� E m m y C Z Q1. C0 9 N y ado N N N C C N 0. 6 0 O •N N w. O C... 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C ( N Co Q •O Q) N r O) N mn O .-• N o C U 47 C v,0 Ip magi O ` : O_' C 'Q N 'a) OL M CO O C L CL N Q a`Y D o m CM eq °° D a a w v a, co } N w 7 7 �p l0 16 a ay) N N C r N_ C7 CL a m a N 362 r- CM � e � � LL 4) U) ■-� � § § � � C co 0 2� � § cc § E 0 c ■ m \ ƒ . k C4 B \®2a0 ooa-c 0QCL k\2/0.- - C 2R3E«� 0k2/§Ik�6 Ia00CLb . 2,,3=@0��, 7 {2 « «�=m kem� . 9 -2:—E mmm 22c��@§� §kkf2@7 x�cJ,CL0: =`E«aE@@ "§vG2"§�G°2 ' '0.2 0 ƒ-§ #§»\J�b / 0 _f; �Ekk/ k§ v §0E mpg E ] mom§ §t7W§M` » 2 co \ 0 6 § 2 §222 (\§� a � � E � 0) © § 6kk) 6"0 « §aX- §r�� E �N _; E 2 Em -/ g aZ Im jƒk f-2 \ƒ\ ) 2 EE � ° ) /)) 2 (D t78)2 ; x'a§ a §/k fa) �.9 ° �22 §k= � m ® / I m � / � § g \ k < < E co \ \ _ E \ . \ a d � k g E � 2 363 CITY OF BELLINGHAWS FINAL UGA ZONING RECOMMENDATION UR3 MAP #1. 1i ' CALPINERD -�� ---- -� SHORELINE INDUSTRIAL PLANNING AREA .URMX 7 March 13th, 2006 ,� ,;.• ��-URI11I� Legend: UR3 .10 Proposed Zoning Sndy r % J'4 I i s City Limits s Zf� 4 �'-,��o� �/ i��� LII:', r I i • • Urban Growth Area L I I I II f F ftIGCC N L r- f t RS I 0 400 800 WC Fire - ak�l Ci' II i 11 tS Oisi N8, - V j_i 1 Feet 2 3 HII H!I f ED- Lehigh NW _ -- — - Cement Co. ; f%' I I — ---- -- �— L �—�� _ r�Lll -Ros Public ROS C •UR6'/ lr- Public��I� M - Bellingham-� ■;�■�� ��Technical . ]� Ur�p Rs•,!�: h College • /'i T -. fT=: RM �RSr• - 1 RS , ! HII Bellingham Bay �ER9 F IND imm - ;� v' 1 A '�..a 2. T< (�..•. -':�.- :`o��`"?. aUl ?i � nl U 22.0. H11: HW 11 0� 0: W 0 2• 61-8: HIl` - H11-. 4; 0 3 43.1 HII HII; - - --Q; -- 0i -Q: 0 _ - 4 57.1 LII LII: 0. 0; 0. 0 _ .i. _ a,. 0: 0. 5 2.0: NCB NC: 0: _ 6 6 7 Lti FtOS} --- _0 _0 0 0 JO'— 7 17,0; R05 ROS: i 0; 0' 0 _ —^—B� — 24 8 ----UR4r — ----- UR& 6 7,260' S7 9r 9 SQ — Totals - 234 51 9 9 60 0, � CITY OF BELLINGHAWS FINAL UGA ZONING RECOMMENDATION d: AO H � . —I I. Raw��II -I � •l. ��; Cy �- 3.:",�.:,,�5"� �3 '� '-�' r-���"-. � .v. :( � .f°7!� o F�� � r �_ - i�!'i��oi�—'�p T,� j� �:,'•i�,, r: •� I '.i ''�„ � .�r~ [�. �iT'a ��-'L} `� r ,a�^ �`d � I '4TSy r 1 - F v av . ti, -�� I � �{ 1�1 :- h W s T ;Ir CI r -� � u� Ill9v� ♦ SI zi� a :r t �i ♦ � l � iUa�' } � r_,•+.I i .a R• �• r 1 1 ©© 1 I 103 365 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION 115 j,L- GC -WC Fire Dist #8 Stat. #3 9 7] Lill U1 I 'F] Y-0- L L MAP #3: L 1AInrVn I IWAIIII F-VVIAI 1VU111 11110 F%U. 10 PLANNING AREA Ll March 13th, 20061 AO L11 0- v VS) WC Fire :E Bellingham Dist,#8 International Airport RVITURD I f ... 9 L11 2 6-1 AO- URS' Il 'JI X". URMX Legend: Proposed Zoning Bndy City Limits Urban Growth Area 0 1,000 2,1000 N Feet WC Fire Dist: #8 StaL'92 8 "z-Jj- --- i, ROS r '41 1 -Shuks+ !ij 12 UR X.-' Middle AO Alderwob"d �M r Elementary Birchwood UR3school �Elernentaryi M. LII WC Fire-z Dist. #8 J. f Stat 917. Hill Whatcor ommunit 11q,olleg, Ili 1.111 V 11 918.51 A01 A0;1 0 01 0 01 21 1.11 L11 A01 I 3 2003T� 12; 01 0i 12 4 1 3-7 Gli 0: S. URM18i! URM181L 1 8:6-:- •5; 51 493 A-O-j UR3j 31 0[- I ON I — —f ?1 69.4 LIV 01 01 0 01 5 .3! Lill 3, 0 04 3 9. 200.11 L11: 1-11! o- 10: 786.2; Lfl: L 2 oi 0! 2 ITotals 1.175 509 5 5 514 1 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #4: R5A- INTERSTATEINORTHWEST RD. PLANNING AREA 4--LORON RD .(ROW S � j� ,L, i j H/ L11 -AO- L"QRTO11 RQ L4 /L Ll�h)�N W)�GK AF+--$ZI�A -J A0 C, NX v Befiingha'm International r Airport: LWC Fire !DiSt.'98 !Stat #4 A 7 I — Legend: Proposed Zoning Bndy City Limits Urban Growth Area 0 600 1.200 N Feet R5A I I VVIL Church —4- rio -noyqk 94qNTDRI 1 -4-7 - r URMX 1"J � 1� 55.9, Gri GC1 0! 91 0i 9 2; 5-6-J 3! 566.3 281 07 ()1 28 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #5: NORTHWEST/ALDRICH RESIDENTIAL PLANNING AREA March 131h. 2006,1 i � - ill, E I' R5A Church vAy VVYCK RD; (ROW) LU TROUT K DR F _U Wk-i- STUART RD (ROW) ---------- SEAM 'TDR 3:1 0 LARRA�EF RD zt W, z W: JUNE RD (ROW) URMX IND Legend: Proposed Zoning Bndy City Limits - - - Urban Growth Area 0 400 800 A N Feet W HORTON.-,R ix 0 -j Bellingham School District land for future elementary school. RM/ 3 URMX RD (ROW) RM! 11, 190.9; _URMX? UR!�X -101 7260-A!5ql OL --- 09.f URMX; U R!�.�:L L 6 ---10' 60 - 4M� 55! 68, 116 31 UFZMXI 6-101 7260-4356 Totals 421 87 223 376 310 CITY OF BELLINGHAWS FINAL UGA ZONING RECOMMENDATION MAP #6: NORTH MERIDIAN INDUSTRIAL PLANNING AREA March 13th, 20 No in .owns... BIMINI salon Legend: Proposed Zoning Bndy LLr IN IN so City Limits - - - Urban Growth Area KE RD 0 300 600 Feet L11 KLINE RD (ROW) KLINE IND W R5A x i WALDRON RD Fn LW �� ¢ � . i __ ___owns.— __.�_ r� —_ �-�— --- ._— IND W HOR ON D us- N.F 3 row AM, iA :n:� 369 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION i MAP #l: KING MOUNTAIN RESIDENTIAL PLANNING AREA March 13th, 2006 I Legend: �— Proposed Zoning Bndy VAN W CK R _ City Limits J RR2 # +*� • Urban Growth Area Q 400 et]D R5A i Feet — — 3B The 22 New units included in the table are on these 2 parcels. I Bellingham School i 3A 3C District land for future 1 elementary school. - Utility Service Contract allows 63 residential units (not included in table).- i RM Future Water ReservoirSIR R Existing Water, -I UR6 —URM18 Reservoir - ' _ Z I 1 MONTGOMEf Y RD Church ! RM \~III ` icELLOG—�' :• lid-- I 2 URMX___ (6 10j -- URM24— 13_LEAKERV Church ¢ URMX !�:D 1 I RD I ! Ij; j O� I i _ -- WC Fire _ �1._..1-_-.� p ❑ Dist. #4 , I I j RSIRM Z Z 'scat.#3 ` ! RS �--- URM24 -- - _; _�_ s s .r1 11 URMX URM-18 2,420 0 25 25 25 2! 150.6� URMX: URMX: 6 - 10i 7260 - 4356• 85 95 1621 180 2A 80-6 URMX UR6 6 7,260 66 72 72 138 3A 2.5 URMX ROS 0 0 01 0 38 1.9 RR2 ROS 00 01 0 X 2.41 R5Aj ROS 0 0 01 0 Totals 303 151 192 259 343 �tlffll CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION BAKERVIEWMAMESITELEGRAPH PLANNING AREA 2006EAST - •� Legend: Proposed Zoning 13nd URM rWater ` Urbanr Area Reservoir �i r 7■I Church♦ , �r R! N�� n�lllFeet N ■_ �,■~E BAKE3VIEWWC Fi ■ 1 ■ MA ■ 1� J F ---j I 1 ----71 City Fl� LEG H, r I I • r ROWAN ��. ��■�■� ���■ ����11 _�i lil11H E� mil-" or h r i pf^ o�, a F?1�,. •' „r.•zc'�. i - - �-- r, ''1 y^ � �` ��'� � _- t': �S -..::'i...3 �s.ks- •s�-i �t yX2 y s— tt- � cs a {Y'_"t'il.Kljr-�-.�- 7� Of6 �����,, �--Fr;.�f ?`S� � .� �:�.c 1.2(' !� - �c �� �.r f t � � ✓���rf���� 11 t 1 a:r �'�� a„� f c5 ,; � ,y, y�-r , 'n�� : rC ; � i `�c � r t ti g � � jam- ���fa�,1� ,f, �• �..:'�;?'�"_�ft �lf rll � � ` �u�f' �u.�rirl7s r ® �®' ©� A ,1 371 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #9: DEWEY VALLEY PLANNING AREA I - -� ,.- r March 13th, 2006 —� i Legend: MProposed Zoning Bridy Limits R5A City IND . � Urban Growth Area I 0 400 800 Nr Fee— t —� RD R LqLF wIND -�_- Y Q URMX— / . _ + m URMX\ `\ T 3Auto fi _l rn fn � � r� ecking W URM�- URMX\ - e,ki %Y _ 6 -12 �'� i I 1 i fr y f' LI I DNR Land \ R$ 42 to 84 7 j,l /,. r! ----pn potential units' under6-12lacre zoning Northem Heights �� Elementary School 3 �! i J '— A Via, r- URMX PUB PUBLIC (6-12),�URMX��� 1U RMX "" DNR Land r'25 to 49 potential units 0,-.;�, 2) Squalicum School y h 3 I ` + II ; f ` Hig a: under 6-121acrezoning \ 1� Q E CLEOD RD L i�. I � _'• I I PUBLIC INDa�'�RS o RM `'.�•✓'•T. \ "' - ill r� �'�'�%%� �•. • i 1 f 19.2? Lill Lll 4' Oi 0 4 21 68.31 UR41 UR6 61 7,2601 131 471 47 60 31 48.01 UR41 URMX 6-121 7260 - 36301 61 1221 248 128 4i 59.11 URMX URMX 6.12, 7260-3630 181 '34i 71i 52 Totals 195 41 203 366 244 372 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #10: BRITTON RD. RESIDENTIAL PLANNING AREA IMarch I M 2006 Legend: `R5� Proposed Zoning Bndy City Limits \, - •+ • Urban Growth Areaz ` •�` `., I •\ IF f ► Q 400 Boo = -\ N Feet 'UR6 , r—URMY,- a� F� U RMX Auto Wrecking \ RS U RMX j Northern Heights Elementary School PUBLIC r Squalicum High School D RD PUBLIC R5A ,R2A U RMX (6-- rl2)--- --; OL { _�( • Church f BRITTO T �++ �.;.4 o r— fl z ' f- AI L—FT- U113 e:3as y ; rr( j<} �� , � ,c Ia .1 1 F m z 0 z w 0 0 LLI z z 0 N z ME z w m LL 0 —I 11-1", I- I C) 1 o� (n Go Im .y 4� a C) 0 (D a W4 T X, cl) (D IPL ui ? - FR E S E r� cr jR A` V3 v) cq cm JX dLL C�Ywj 47 * r- 3_4 f viN, - co Gox, ol c,4 o) IN M 0 04 A7, �V 41 Nin AN 'U I -,X I' iTq AV �PAO N A IIA D� Z 1 �kx r �i. b N.NN, X� t cn AV D11,13 is" NNY LL.............. z HOU 375 CITY OF BELLINGHAM'S 'FINAL UGA ZONING RECOMMENDATION CITY OF BELLINGHAM'S FINAL VGA ZONING RECOMMENDATION MAP #14: SAN JUAN (NEST RESIDENTIAL PLANNING AREA ch 13th, 2006 317 err Legend: Proposed Zoning Sndy ■ City Limits ■■ Urban Growth Area ROS,/;% @)uRMX 0 400 800 Feet Future Connection to Elwood & 1-5JO QURM11 II `--T-ROS t a--• f1 2 II J R�S v 3 M {If_H..-�I11111 �H P r ?i (6 - 3 URM (6 i R-S -Limits 1 11 ■ 3L;-,��,� t- �"I+rt.Jv}:.�IU� � ', L [ �°•7��- 5 I.-�.' ��-r fI FFi {�//yy - {{}p'- 7: � - S� F! �Ijjt� 1, e r i e F a � - [[ �i�� t� ,r � 1 1 r4, �-: zs'fF ♦.,� � ���!}l- ' eQ�.M r�lF'.�5"�- � a �! ril?i i = -. F �, ICE E� - , : c IS.k e- [��^��-�-r.-t�5 i . C:,. CuL Fti '- L fir— 0 —I,! .W�•:L_,-., C41 CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION MAP #15: RF SAMISH CREST RESIDENTIAL PLANNING AREA March 13th 2006 Legend:, r-- URMX Proposed Zoning Bndy ROS Ji, ■.. City Limits = 0 L UR6 L j ■w Urban Growth Area U r�- M a 400 soa FeeF N _�_ 6-12 UnitslAcre �Iy r�= URMX ' ECascade B-12'Units/Acre ROS U Rs i `�gIv1ER Radio Group 1r RD !' K.— I co 5A u z I cu u.F 1 F ! � � I• ! Ir II I 1 t I �� Z 1 �� Y A � I ` a `� �. 0 (�S \ ;'. ! Future Connections 1;�1 Ito San Juan Blvd_,..-_.-_U-R6 ___ _ __.—•---�,---Elwood,-1-5, and �! 40th Street. G j 5, o C , —.j -E E---- &—WC Fire �r ��w �`,i, Dist. #10 ;: coma Cn o I l I a (n �11 I ti ` `'] F- -------- -- ss'�uH _»r��s.o URMX_11 4 li URMX •------- - - -f.,.__ .i�L_ ..'1 FHOMF AV IF .1 (i1 /-�- .ids-��1V sr -a ~ 1 121_0 RR21 URMX 6-121 7.260 - 3.630 124 - 96 196 2201 21 46.0 RR21 URMX 1 6-121 7,260 -3.6301 141 481 99 621 31 174.0 - UR41 UR6 1 61 7.260 661 1541 154 220 Totals 347 204 298 449 5021 378 11 ! CITY OF BELLINGHAM'S FINAL UGA ZONING RECOMMENDATION 4 MAP #16: GOVERNOR - SOUTH SAMISH RESIDENTIAL PLANNING AREA Legend: Proposed Zoning Bndy ■ City Limits w Urban Growth Area v avv saa f I N �t ROS LI R6 :�JU.RMX 0 Units/Acre .wC.i=ire � Dist #10 URMX —URMX ca 6-i0•Llnits/Acre � 3z m z R4� 4j R5A PUBLIC 1 38.0 UR3 ROS 01 0 0 01 0 -0 2 99.0 UR3 URMX 6-101 7.260 - 3,630 182 35 56 217 3 71.0 RR2 URMX 6-101 7,260 - 3,630 611 401 68 101 4 63.0 UR3 UR4 41 10,8901 j Totals 277 92 8 8 1D0 335 83 134 418 379 UR3 UR3 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING. RECOMMENDATION-DECEMBER 14,2006 MAP #1: i MCALNNE RD SHORELINE INDUSTRIAL PLANNING AREA 0�47 _�/: -URMX Legend: - - 4Z J. F — ? i I + , Proposed Zoning 8ndy S!—L City Limits 4 4 L11 %LIF Urban Growth Area _7 a 400 800 WcFira---j Dist: 118 N Feet L i� 2 3 H11 H11 Lehigh NW cement Co. f—,.- �4 6 .--ROS:-. Public LA L J.- ROS Public" BeNingham R M eps .11 �,Technical .5 SCollege R R ��� K6 H11 I N Bellingham Bay ql IND Min Units Hit Hu 0 0 0 0 2 62 H-1-14- Hit - 0 3 43 Hit 6 V_ 0 4 Lit 6 6. 5 2 Nt. kc. 6" 6 0 0 6 7 Lit ROS 0 0 17 kos ROS' 0 0 0 6 8 25 UR4 UR6 6 7.260 51 12 12 63_ tars 234 51 -.12- 12 63 380 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION=DECEMBER 14, 2006 381 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 L—T-7 yo I C GC 10 L11 . . . . . . -TWater. ----ReservoirT 9 i!r �t!ETTI E AO L11 i op, _ _j - I (P k N WC Fire Dist. #8 -114 7 Stat. #3 i 9 URMX T What ITT Corr, LIF- �' Tr I J] a ITE i .WC Fire i: Dist. #8 Bellingham star #4 Internafional A0. a"M irport 2A-- R%1 VIRID ltA� -L 1 1, OUN�Rlf Lr If I I - 1 i i _LLWC Fire Y.. Sta t; #2 _3 4 z > L_ 9:j LII m. - --- ,Gl . . . . . . A0_ 3 UR3 -4 , 1� Ll I I It 15 URMI t jL1! I 'jilli lip M1 KUN L E iL 'bhuxsan IT 1 0 URMX tl U R 3,�, AOSchool �Jde - "d A T.' city Fire School W1 Birchwood T� 1' FURS e Stat. #5 AL Elementary School A 01 1 101 rn T4- , ul :I WC Fire z - 4 Dist. T J Stat. 1_. H11 Units 1 918 AO AO': 0 0 0 0 I Lll, AO; 0 0 0. 0 200. 12 0 0 12 G1 3: 0 0 3 5 9 UR.Mif. URMM 18, 2,4201 488 6 6. 494 3 8. '0 A6 UR3: 3, 14,520 1 0 0 1 7 69 ul Ll 1 0 0 0.- 8 65 Ul LlU 3 0 0 3 9.200 L11 Lil - 0 0- 0 10 186 Lit 2 0 0, Totals 1.775 _01' 509 6 6 515 382 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION -DEC EMBER 14, 2006 ' MAP #4: I INTERSTATEINORTHWEST RD. PLANNING AREA -----4- ' yGC' , ,.�P. LORON. RD {ROW J a t- u ----- - �_.— --.� LII ` '� ��'� �A I I' AO J O� ' HORTON RO (ROW) ,.._C c - ---- - - 5 r3`• J LUAN WYCK RD �D —7 — , [ •` {_fin__ _—_.__-'�j _"--_---- AGAR 6 _&(UA T RO ROti it AQ I �' I 1 5 I J I \•mot ��- -_ i Legend: Proposed Zoning Bndy +■ ■ City Limits Urban Growth Area A i i 0 600 1,200 N Feet -RM� - z wa}s U3 Church I I I£ j -u� �i�, i,trr,zi[�fnali I. t 41 Bellingham International Airport' WC Fire ' 'Dist. #8 ' ;Stat. #4 A I f \� � `� F]7R1f�NiDR� F U RM X _j' j' .1 f'r vF._ 1 i.� Gc { 1 i 1 1 1 � 1 1 Totals 659 i 1 37 383 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 MAP #5: NORTHWEST/ALDRICH RESIDENTIAL PLANNING AREA Legend: Proposed Zoning Bndy IPA City Limits R5A- - - Urban Growth Area _T 4130 Boo Church N Feet VA* WYCK'Rr' I loflll WHO N:RD !-11T J DR % 2 Bellingham School District land for future elementary school. STUART FAD (ROW) GEAJM*T0R __FT RIVI" oil 3 ] ,LARF14EE RO URMX Ljj: Z. W: L RD (_R_ 0W__ JUNE RD (ROW) URMX A& Ro ow RMc14W - IND 1 '7 '1 NN-Moom Units Siam 1 191 URMX URMX! 6 -10: 7260 - 4356:' 30I 90: 150 i 120 5 2 109 URMX URMX! 6 - 10! 7260 - 4356 55� 90. 150' 145 3. 121,- GFWk• URMX' 2! 114 190, 116 Totals 421 87 294 490 381 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 ---- - MAP #6: R5A NORTH MERIDIAN INDUSTRIAL PLANNING AREA - --- —QIBM�wwww+rw wwrl — ---- I -- —= - 2 Io I i KLINE RD (ROW) Legend: Proposed Zoning 8ndy + Gi(y Limits Urban Growth Area 0 300 No N Feet Ni_ - ,� IND��. /- R5A wcn WALDRON RD_ p I i I I �? Q LLI IND ; I "l W HOR ON RD ;; I ON �D may- - --WIN_ f. � S.r 11 r-'E l'E?. r^r��, `'..-Ys�- 9 ti r1 cir �, i L i`� � : J -�. s[ ''d, "�•v:7 � .Y .z : '�.� -.?.2 " L`�:i [s:..:�:.a�i'; 0 i 0 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 RM VAN VV CK R¢ L_-_1 The 22 New units included in the table are on these 2 parcels �URM-10 RM `- Church ! MAP #l: KING MOUNTAIN RESIDENTIAL PLANNING AREA 0 R5A Bellingham School ` District land for future j elementary school. I Utility Service , Contract allows 63� residential units (not included in table).' Future Water Reservoir Existing Water. , Reservoir >i ==----URM24-- - _o-, —� �iE 13AKERV RD -- RS t �URM24 URMX We Fire 1 Dist- #4 ! Stat. #3 [_ Legend: Proposed Zoning l3ndy ■...r City Limits �. Urban Growth Area aoo eao i Feel ,OMEgY RD a 2 I URMX {6 - 10j r-- Church .0- Z— RSlRM�Z1 Z UURMX� 0' 16 10: 18 2 151 " URMX 6 -10 7260 _4356 • 356 -- 85� 121i'. 210= 211 7 2A� 81 .13., URMX - .. UR4' _ _ - 4 10,890 66. . 64_ 64j 130 3A URMX. R os" 0 a o: a 3B 2 RR2 ROS! 0 0 0; 0 3C. 2 - R5A ROS' 0. 0. --- 0° -- - 0 Totals 303 151 208 292 359 �0-0T= WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION —DEC EMBER 14, 2006 MAP #8: EAST BAKERVIEWMAMESITELEGRAPH PLANNING AREA �- — R5A ° % Legend: Proposed Zoning Bndy i City Limits URM 9 8 Existing • Water � •� w Urban Growth Area --- Reservoir - KEL OGG D i a aoa soo Church j �r , Feet N OG yI .'� �j URMX ' 1 Fi I RM. URIUIX Z -� URM24 4 ��i 6_10—i J Q Church (7 El BA t I VIEW R I + ! p --- - F_WC �— Firearr4 i2 I _ -_ RSIRM RM istat_a3- —�i,' URMX: i -- - &] RS 10-24 I IND City Ire � �� ...._.—� ' �J1a 5tat #s.—_ 3,p URM24 — _TELEG A Fi -� ! _ Z _ RM �, ; I C URM 24 - I U R6 ROWAN LN E L DFjfD� Units 1 . 42 URMX ; W 121 153 367 , 165 2 85 URMX'. -U URMX' 10 - 24 1 4356 - 1815' 49!r 194 4651 _____.- 243 2A 49 URMX: URMX 6-10 7260: 4356 8 51, 85! 59 8 3 ._ 81 - URM-24 prov URM-24 24 4356 - 1815 - 16`: 196_ -- 470i _ _ - — ._ 212 4 7 URMX URM-24 24_ 4356 - 1815 1 : 21-, _ 50 22 5 69 URMX' URM-6: - 6 7.260 159 32- 32! 191 Totais 333 245 647 1,469 892 387 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 >- i _ �� MAP #9: (n j DEWEY VALLEY PLANNING AREA F_ r Legend: ------- �AL_. Proposed Zoning Bndy ■ City Limits R5A Urban -Growth Area IND i I �,, - - 0 400 800 N Feet ;L ROSS RD R LLF J IND 3 Z .---.URMX LIR6 TITT -A. , r -URMX U0 URMX URMX\,.' Auto Wrecking n IND R P kk• < LII DNR Land 42 to 84 potential units under 6-12facre zoning Northem Heights Elementary School M In _j 3 M PUBLIC LIRMX -UR UR ((6-12) URM DNR Land 6' Squalicum Al ,!-�j 2) High School 25 to 49 potential units under 6-121acre zoning E CLEOD RD T-1 LL _LLLL M 0 M. -a I PUBLIC IND , ---RS 11 191 L11 LW 0 t 0! 4 ui�i; URIS; 6 131 63' 3� 76 3: 481 UR41 6-12 7260 - 3630; 1 0! 321� . . . .......... 166 4: 59 URMX: URMX 6-12. 7260-3630, 18! 45, 901 63 Tntnk iqd; 41 .268 474 309 WQ WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14,2006 MAP #10: V/ BRITTON RD. RESIDENTIAL PLANNING AREA R5A yr R6 URMX URMX,'-,, X\ URIVIX Ay TV111 R5A-1. RD L U r . Uffff-T-M fT_ Up; Auto Wrecking 2A RSrj !z Northern Heights [if 1, 1 URMX Elementary School 0 PUBLIC -Ju Squalicum j -- -- - ----- Ok;t- High School J, CLEOD RD T 1=.L Chu rch R BRITTON IT T -E! � , ", T 0 0 W1, 'T r1l a. x, LU -,ft' riRML; Cz, UR3 7 LIP \�l Lie -k ;,:A4 V hbtc6m All )2 V. - PUBLIC L T' _H agj WHATCOM COUNTY PLANNING COMMISSION'S.FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 390 z O a D J Z N LL Cl) r V/ 2 W o9 U Z 02 Z.a Z zcl z J W Q} Z U Oit U O H r� 0 o 0 > d 0 0 N �o V N O N 7 O E _! O a. a` a U a Q� ; Sc �. �.. _cif?�' •;��c----- _ �fY.: ;w c' �7rrs_: _ci-„ }: r `,�\ ' ' rI •T. CiY l: f'-.. ,.i'-..� M7_,�t IS �s_ .{ O +: � :fey �i: _=: � • "� - 1 r' �: ':� t vs& ,','nrfi, #::' ::,�_�=`-"` ,.-s� `' ��'•• -Ij .r��::.;;�,.��i 3 -i' :1 �-�-.:ai#� �-_s=.:1 " ,-x��... ;�. -.1:Y ` ���^."L'. --�5 ,-_ • �'.'� �J��::_'d _ :1�:.. _ -Il nh`—�.p-' LU wx ,r-4t£-�!_' .:I^#. _-. _�"''k' - :-:�-ST2- i�"i�F�.,��-''`-`..�:-.i'�3a •�-1I :r' In 2 N ( N N IN to Q �`4? _ [(1 i'{} m Y r mat.= ..,� ti S� '\- . : •. ~� .' •\ \ nt/'��J4o�1 b I141 i •i "'ya•K'- --; :f'-^.>�'- _.�.. ` cq `S Niel d r' .`"• 'A V JIN Ix i U i.Tsf C�tn. /L A;y N' P�tlN09 ~ tis 391 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 392 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 e MAP #14: SAN JUAN WEST RESIDENTIAL PLANNING AREA Legend: 17-1 Proposed Zoning Bndy ■ City Limits +■ ■ Urban Growth Area 0 400 800 N Feet Future Conrection to Elwood & 1-5 ll 15 71 11 _� X• 1 l 1{ 1 1 II 1� Li-RS,:� �-L 1 11 II — =---- r Future Connection ; to 40th Street Il 11 �❑�I cRS, .� JS�� ., '� (�)UR $ RS ,f URI ROS ,4-b - 2 0 UR 4-6 ROS o RS V .Limits -- JR,-"� K, UR144 J RF4=� A'► URMX Cascade Radio Group Palmer Rd 1 Units 10.890 ^10�; 0 908 - -^ - - 2 92 14-_IRR2�_.....•____.__.-_.. ----_-___ UR4 & RR21 - -- - — ROS ---- - -- T -- - - - - r_._ _ 0 - _.. __,T___-. _ J 73 73; 8 4 93 UR4 & RR2 UR 4-6 10,890-07,260 98 71: '! 07 � --� 169 Totals 266 219 180 180 363 393 WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER 14, 2006 MAP #15: SAMISH CREST RESIDENTIAL PLANNING AREA Legend: fl r t URMX. ROS Proposed Zoning Bndy -� � f j _ O L rii I 1 .r + �} 11 f •■... City Limits UR6 Urban Growth Area 0 400 800 --_ �r - ►�� LIRMX I - LI --T Cascade l 6-i2lUnits/Acre ROS U R6 Radio Group rn T z ' -- i r, rr rr ! I RS ]Future Connections j 0 — �'\ to San Juan Blvd.,----_.___—U,R6--�--`~"' --- WC, Fire I i m o- �, , --. • - -. - )"I-- Elwood, I=5, and _j LU 1 Dist. # l0 40th Street. i 3 ! c I' mori(n IF J',:.,c~'r •�_� 'r+ Q i li •` rS�SJ�.t�li.LS.Q# :..:URMX RF U R+6 �2)i ! S, C m 0 1 1271 RR2i 4 _URMX _ 6_ 12 7,26D-_3,630� 124!_ 127� __255; _ _ 251 _ 15 2 463 RR.21 _._ ~.._ ._ _4 -6 _10.890 -7,260 1 57 _ 174—UR6 _ 7,260 _ 203 — 203 — 269 Totals 347 204 373 522 577 MOTH WHATCOM COUNTY PLANNING COMMISSION'S FINAL UGA ZONING RECOMMENDATION-DECEMBER'14, 2006 395 PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 210 Lottie Street, Bellingham, WA 98225 Telephone: (360) 676-6982 Fax: (360) 738-7306 TTY: (360) 676-6883 Date: February 15, 2007 MEMORANDUM DISTRIBUTED TO FEB 2 0 2G02 ALL CCMO!!— {.�L�,IBERS WK471 CC)i:r GO`JNTY COUNCIL To: Whatcom County Council From: Tim Stewart, Director, City of ling am Planning & Community Development Department RE: PLANNING FOR BELLINGHAM'S URBAN GROWTH AREA: Urban Fringe Subarea Plan Update I want to thank the Council for the opportunity to clarify the City's position regarding Bellingham's Land Supply Methodology, specifically the 'safety factor', Western Washington Growth Management Hearings Board decision upholding the validity of Bellingham's 2006 Comprehensive Plan, and the City's recommendations for expanding its Urban Growth Area (UGA), and applying County zoning designations in Bellingham's UGA that reflect our community values and retain the quality of life we so enjoy. The issues I think are paramount to our discussion and which I want to address in this memorandum include the following: 1. Bellingham's Land Supply Methodology has a 17% 'Safety Factor' not the 25% that has been widely reported. 2. Western Washington Growth Management Hearings Board Decision upholding Bellingham's Comprehensive Plan, with a specific Conclusion of Law that "There is no basis for finding that the City underestimated its net developable residential land by 830 acres." 3. The opportunity we have to develop and implement a Design Strategy for Bellingham and Whatcom County based upon two guiding principles that are inherent in both the City and County Comprehensive Plans: all the preservation and enhancement of the natural environment and the ecological processes that support it and the enhancement of our human environment by managing the future patterns of growth so that they improve, not detract from, our overall quality of life. 1. Bellingham's Land Supply Methodology - 17% `Safety Factor' On May 1, 2006, the Bellingham City Council voted to accept the City Land Supply Methodology, as revised, the City Planning Commission's Findings and Recommendations on adjustments to Bellingham's Urban Growth Area boundary and County zoning for the UGA. On May 15, the Council adopted Resolution 2006-15 and forwarded its Findings and Recommendations to the County Council for consideration in accordance with the 1997 Interlocal Agreement (as amended) between the City and Whatcom County. (The Resolution, Findings and Recommendations are attached.) Land Supply Analysis - Safety Factor At your January 30, Council Planning Committee work session, you were told that Bellingham's safety factor was 25%. That is incorrect. The City arrived at a 17% safety factor after significant analysis of the vacant land supply within the city limits, its UGA and the 5-year review areas. The justification and why we have a safety factor can be found in Part 3 of the Appendices, Exhibit F from the City's 2006 Comprehensive Plan, beginning on page 8 of the Land Supply Methodology narrative. (See Exhibit F, City of Bellingham Land Supply Methodology, attached) The 17% overall Safety Factor is clearly shown on the City of Bellingham Land Supply Analysis - Summary Table (Table 13). page LU-16b of the 2006 Comprehensive Plan. As explained in the methodology narrative, the 17% overall Safety Factor is arrived at through a variable deduction (ranging from 0% to 25% across the neighborhoods, urban centers, and UGA. Determining an appropriate urban growth area is not totally a numbers game. Both the City Planning Commission and Council recommendations were adopted after well over a year of work by city staff to evaluate historic development patterns, environmental constraints and opportunities, transportation corridors and circulation patterns, utility infrastructure and public facilities needs, residential densities, affordable housing, natural features for developing a clear distinction between rural and urban areas, planning for parks, trails and open 2 401 space corridors as natural buffers between Bellingham and Ferndale, opportunities for master planning large parcels of land, employing urban design, opportunities to transfer significant development rights from Lake Whatcom Watershed, industrial, residential and commercial land supply, and consistency with the state Growth Management Act, Whatcom County Comprehensive Plan, Countywide Planning Policies and the Bellingham Comprehensive Plan. The City's recommendations reflect not only this work, but also our community values, as expressed in our 2006 Comprehensive Plan. We are certainly frustrated that, after all this work, the safety factor is being considered for adjustment apparently without a similar level of objective analysis or rationale. We can find no support in the record for changing the safety factor, or any other aspect of the City's land supply methodology, and would urge that adjustments or changes not be made in an arbitrary manner. 2. Western Washington Growth Management Hearings Board Decision upholding Bellingham's Comprehensive Plan In their petition for review to the Western Washington Growth Hearings Board (Growth Board), Donna and Harold Macomber, Helen Green and Larry Horowitz, contended the City's formula for determining the amount of park land needed to serve future population growth resulted in underestimating the amount of land available for residential development by 830 acres. Decision to uphold Bellingham's Comprehensive Plan On January 31, the Growth Board issued a decision in favor of the City regarding the land use methodology used in the City's 2006 updated Comprehensive Plan and upheld the validity of the land supply methodology used in Bellingham's new comprehensive plan, specifically concluding that "There is no basis for finding that the City underestimated its net developable residential land by 830 acres." (See the Boards Final Decision, attached.) The City's established level of service for parks reflects our community values as expressed in our new comprehensive plan. Our goal is to simply maintain what we have into the future. We heard loud and clear that, while the community is willing to infill and do our share to accommodate a large portion of the .total county growth, we are not going to allow the level of service for parks and other public facilities and services to suffer as a result. The adopted forecast for the Bellingham urban area predicts the population will increase by 31,601 to 113,055 in 2022, an increase of roughly 39%. The adopted forecast means.that Bellingham must plan to accommodate over 50% of the total county growth over the next 20 years. 3 402 The 31,601 population growth forecast for Bellingham between 2002 and 2022 is reflected below: • 62% (19,610) are allocated to the Urban Centers and City Neighborhoods • 21 % (6,776) are allocated to the existing UGA • 17% (5,215) are allocated to the 5-year review areas recommended for inclusion in Bellingham's Urban Growth Area By 2022 the 113,055 forecast total population for Bellingham would be distributed as follows: • 80% (88,870) inside the 2006 City Limits • 15% (18,970) inside the 2006 Urban Growth Area • 5% (5,215) inside the 5-Year Review Areas recommended for inclusion in Bellingham's UGA The new housing units built in Bellingham and its UGA between 2002 and 2022 are expected to be split 66% multi -family and 33% single-family. (Page LU-15 zoos Bellingham Comprehensive Plan) Our comprehensive plan and development regulations require growth to provide the facilities and services a growing population needs to maintain the "quality of life" we currently enjoy. The City will not place the entire financial burden for financing new parks and other public facilities on existing residents, however. Having sufficient park land and trails and open space corridors to serve the projected population is a "quality of life" issue; it's a matter of policy that has been decided by the City Council. 3. The opportunity we have to develop and implement a `Design Strategy' for Bellingham and Whatcom County, based upon two guiding principles that are inherent in both the City and County Comprehensive Plans: • the preservation and enhancement of the natural environment and the ecological processes that support it, and • the enhancement of our human environment by managing the future patterns of growth so that they improve, not detract from, our overall quality of life. 4 403 While a great deal of effort, time and energy has been expended on the debate over the Land Supply Methodology, we should not forget that the outcome of successful planning is not just about data and numbers, it is about how we use our very limited resources and how we build a sustainable community for the future. Bellingham's Urban Growth Area is designed to help protect agricultural lands, resource lands and fish and wildlife habitat lands. The UGA is intended to eventually be developed for urban uses and to make the provision of public facilities and services easier and more cost effective by providing contiguous and compact urban development. These smart growth strategies will provide opportunities to enhance our urban environment while preserving and protecting our natural environment. Some of the 5-year review areas provide a unique opportunity to "master plan" new development to address a number of city goals. The City can require these developments to purchase a significant number of Transfer of Development Rights (TDR) from the Lake Whatcom Watershed, construct utility infrastructure and link transportation systems, dedicate land for parks and schools, and provide for connections to existing trail systems. We also have an opportunity to incorporate additional land to meet the future demand for jobs. We now have an opportunity to work together to establish a "long term or ultimate City boundary' (Bellingham Comprehensive Plan, LU — 114) as we move forward with the update of the Urban Fringe Subarea Plan. Expanding on this opportunity, I would encourage you to work with the City in defining strategies to ensure a sustainable future. For example, the City is in the process of forming an interdepartmental "Green Team" to promote environmental stewardship and sustainability through building and land use practices. Coordination between our jurisdictions is paramount to ensuring well planned and sustainable growth for our future generations and we would welcome County participation. As the County Council considers its options regarding Bellingham's Urban Growth Area, I hope we can move forward in productive steps to preserve and enhance our natural environment and build a human environment that improves, rather than detracts from, the quality of life of the Bellingham Whatcom County Community. Cc: Mayor Tim Douglas, Bellingham City Council Bellingham Planning Commission County Executive, Pete Kremen County Planning Director, Hal Hart 5 1 404 ALL ATTACHMENTS NOTED IN THIS MEMORANDUM ARE AVAILABLE IN THE COUNCIL OFFICE FOR REVIEW 405 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole January 30, 2007 Council Vice Chair Seth Fleetwood called the meeting to order at 6:10 p.m. in the Council Committee Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner L. Ward Nelson Dan McShane Sam Crawford Carl Weimer Laurie Caskey-Schreiber 1. DISCUSSION WITH PUBLIC WORKS ADMINISTRATION REGARDING A POSSIBLE PROPERTY ACQUISITION (AB2007-018) This item was withdrawn from the agenda. 2. DISCUSSION AND NEGOTIATIONS UPDATE ON OPEN AND SOON -TO -OPEN COLLECTIVE BARGAINING AGREEMENTS (AB2007-018) McShane moved to go into executive session to discuss the agenda item for ten minutes. Motion carried 4-0 with Weimer and Caskey-Schreiber out of the room and Nelson absent. 3. DISCUSSION REGARDING A PERSONNEL MATTER (AB2006-018) McShane stated they are to discuss the County Council Planning and Policy Analyst position. There is a Whatcom County job description and a supplemental job description. The descriptions are draft at this point. How the position should be managed is included in the descriptions. Brenner asked what applications the staff person would evaluate and whether the staff person would work under the Clerk of the Council when assisting with management and other staff as directed. Dana Brown -Davis, Clerk of the Council, stated the staff person would not work under her. The staff person would work independently under the County Council. Brenner asked how the staff person would assist management and other staff. Brown -Davis stated the person would work with County staff. Committee of the Whole, 1/30/2007, Page 1 E1• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated the County staff is administrative. Brown -Davis stated it is a general description from the Human Resources Division. Brenner asked what applications the staff person would evaluate. Brown -Davis stated it includes applications for Comprehensive Plan amendments. McShane stated it could also include zoning text amendments. Caskey-Schreiber stated she really likes the descriptions. Move forward as soon as possible. Another potential job duty could be to work with the Clerk of the Council in letting the Council know when things are about to expire, so the Council doesn't have to have emergency meetings to renew ordinances. Have that person in charge of expiring ordinances. Brenner stated Ms. Brown -Davis is in charge of the Council calendar. It may be weird to pull out that task. Brown -Davis stated it doesn't have to be a task that is written in the description as an essential duty. They can decide that task later. Fleetwood stated the first sentence of the summary should express the breadth of the position's duties. Instead, it is just a list of duties and tasks. Brown -Davis stated the supplemental description is the general summary. Fleetwood asked by what means the Council will give direction to the staff person. McShane stated the person reports to the Council Chair or designee on projects and work items assigned by a majority of the Council. Brenner stated that's the way it's always been. McShane stated the Council Chair could identify another councilmember as his or her designee for a particular issue. That councilmember designee would coordinate work direction with the other councilmembers. A councilmember would come up with an issue, get approval from a majority of the Council for the analyst to work on the issue, and then hand the issue over to the analyst. This staff person could also be a liaison between the Council and administration on many issues. The Council is part-time. He has limitations on tracking certain issues. It would be good to have someone go to citizen meetings. The staff person can also help the administration understand the Council's position. Brenner stated the qualification should just require extensive experience in planning, environmental science, or a related field. There are people who have that experience, but who haven't got a college degree. Caskey-Schreiber stated she disagrees. They are going to have a position that pays $80,000 per year. A Bachelor's degree is minimal. Fleetwood stated the object is to find an individual who can do the work. They are making a judgment call that, at a bare minimum necessary, the person should have these three things listed in the qualifications. He would like to see someone who is really bright, articulate, and a strong research. The question is how to gather those qualities in a person. Committee of the Whole, 1/30/2007, Page 2 407 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. It's not necessary that the person have a degree in planning, environmental science, or a related field. He asked how these necessary qualifiers were determined. McShane stated it's standard that a planner should have a degree in one of those areas. He would not be comfortable deviating from that, which is a typical hiring practice for a position like this. Fleetwood stated he wanted to hire a policy analyst. Identifying the person as a planning and policy analyst limits the scope of what the Council can use the person for. He thought the Council simply wanted an assistant to work on any issue, rather than limiting it to a planning issue. Crawford asked if the Human Resources Division gave any indication about the position being a senior planner position. He asked the available market for a senior planner. Brown -Davis stated she didn't know the market. This could be a senior planner position. It will make a difference in the descriptions. Crawford stated most of the planners in Whatcom County are coming straight out of school in a junior planner position, and working their way up. If this were the Planning Department hiring a planner, they wouldn't expect a lot out of the person the first years. That person is there to grasp the enormity of the County's regulatory environment. It takes a long time for folks to get up to speed. This person will be very different, and will have to spend a lot of time at the Planning Department. He would be surprised if this person could complete a comprehensive project within the first six months. Caskey-Schreiber stated the salary is competitive enough that they will draw top applicants. She's comfortable with the position focusing on planning issues. That is from where the most cumbersome legal challenges result. If they can avoid one of those legal challenges, the salary is paid for that year. It would be great to have this person look over recommended changes and provide a report. It's another set of eyes that isn't politically influenced from the administration. Now, she's asking for information from people who aren't at liberty to give her an answer, because they are worried about appeasing the Executive. Fleetwood stated that's what motivated this issue. McShane stated this position will attract good people. They may attract someone home grown. There will be an application process. The Council is having to make significant planning decisions. He's learned a lot in this job. There are a lot of action items in the Comprehensive Plan that aren't acted upon because staff is overloaded. The Council may set different priorities. Filling out State Environmental Policy Act (SEPA) checklists is one task for this person. They want a high quality person because this person has to deal with the Council. That takes a remarkable skill set. Weimer stated the descriptions are comprehensive. Anything the Council may want is included. The descriptions provide plenty of flexibility. For this job to be real successful, the Council will have to have a discussion with the administration. It will be very valuable for this staff person to sit in on administrative staff meetings. Brenner stated the administration won't allow that to happen. Committee of the Whole, 1/30/2007, Page 3 R1: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated he is fine with the descriptions. He asked about the hiring process. He asked if the Council is clear enough about its requirements for the Human Resources Division to determine which applicants are qualified. Brown -Davis stated the Council Office will get all the applications. There is a checklist to go through. Usually, they weed out about half of the applications, which don't meet qualifications. In the interview process, all applicants are asked the same question by the same person. Crawford stated the Council can have an interviewer, such as Ms. Brown -Davis, and the councilmembers can observe. Fleetwood asked where the person will be housed. Brown -Davis stated the office for the staff person will be in the Council conference room. The committee room will have to also serve as a conference room. Fleetwood asked if a policy analyst would be able to analyze Hearing Examiner appeals. Caskey-Schreiber stated that's the Council's responsibility. Crawford asked why councilmembers can't be at Hearing Examiner hearings. He was told it is because an appeal may go to the Council. However, everything that goes on during a hearing is on the record that the Council would consider. It would be interesting to have this person attend some of the Hearing Examiner hearings and be cognizant of this stuff. Brenner suggested a language change to the qualifications, "Requires a Q-ei degree in planning, environmental science, law, or related field." Weimer stated law would be a related field. Crawford moved to approve the language in the descriptions, as presented. Motion carried 5-0 with Caskey-Schreiber out of the room and Nelson absent. 4. DISCUSSION REGARDING THE NATIONAL POLLUTION DISCHARGED ELIMINATION SYSTEM (NPDES) PHASE II PERMIT ISSUED BY THE DEPARTMENT OF ECOLOGY ON JANUARY 17, 2007 (AB2007-018) This item was withdrawn from the agenda. OTHER BUSINESS ADJOURN The meeting adjourned at approximately 6:53 p.m. Committee of the Whole, 1/30/2007, Page 4 M 1 2 3 4 5 6 7 8 9 10 11 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2007. ATTEST: WHATCOM COUNTY COUNCIL Dana Brown -Davis, Council Clerk WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Committee of the Whole, 1/30/2007, Page 5 410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council January 30, 2007 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner L. Ward Nelson Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber FLAG SALUTE ANNOUNCEMENTS Weimer announced that there was a discussion and negotiations update on open and soon -to -open collective bargaining agreements (AB2007-018) in executive session during the Committee of the Whole meeting. Weimer announced there was also discussion regarding a personnel matter (AB2006-018) during the Committee of the Whole meeting. SPECIAL PRESENTATION 1. UPDATE FROM LIZA NARCISO, DEPUTY DIRECTOR OF THE WASHINGTON STATE DEPARTMENT OF VETERANS AFFAIRS, ON AGENCY SERVICES AVAILABLE IN OUR REGION (AB2007-017) Alfie Alvarado -Ramos, Washington State Department of Veterans Affairs Deputy Director, stated this is a state agency, not the federal Veteran's Administration. This agency is funded by federal dollars in part, but mostly by the State's general fund. She and Director John Lee are going to each county as a reminder of all the benefits for Washington State veterans, in addition to their federal benefits. Washington State's benefits are many. Those returning from the deployments cannot say that they cannot find a job or have been forgotten. Washington State is doing all kinds of work to connect those veterans with their benefits. The veterans are not the same as they were when they were deployed. When veterans return from war, they receive letters from the State service, reminding them to connect to their benefits. Veterans and their family members can call the agency for benefits. The State service provides claim services and connects veterans to the claim benefits due to conditions that do not allow them to work or work full time. They are eligible for compensation. It is important to get the word out that veterans and their families can connect with the State department. Whatcom County Council, 1/30/2007, Page 1 411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The State agency also provides services for post -traumatic stress disorder. Forty percent of the returning veterans have issues with this. It's important to get the word out to them. They also have an incarcerated veterans program that started in King County. Soon, prosecutors and judges will get a briefing from her agency to see if Whatcom County is interested in establishing an incarcerated veterans program. The recidivism rate for regular offenders is about fifty-seven percent. The recidivism rate for those in the incarcerated veteran program is 15 percent. King County pays for this program through the County veterans fund. Pierce and Snohomish counties are also starting such programs. Those veterans coming back experience significant financial problems. The legislature allocated $2 million to provide services to the veterans. A $500 stipend is available to national guardsmen, with almost no questions asked. Another $1 million is available statewide to pay for things like car repair, education, and job training equipment. The federal veterans center works with the State agency to provide services. Her agency partners with many other programs to provide services to veterans who are just getting out of service, homeless, unemployed, and also to veterans' widows. Brenner stated she wrote a letter awhile back trying to get a veterans medical center in Whatcom County. Alvarado -Ramos stated Senator Patty Murray is on the Senate Veterans' Affairs Committee. The Secretary of the Veterans' Administration has promised a super clinic in the northern area. It hasn't yet been sited, but they are talking about Mt. Vernon or Bellingham. Brenner stated the hardest part is getting veterans shepherded into the system. She asked how they get veterans into the system, at the local level. Alvarado -Ramos stated they must have innovative ways to get veterans into services, such as informing clergy, spouses, family members, and others. Weimer thanked Ms. Alvarado -Ramos for the work they do to make sure veterans get the services they deserve. MINUTES CONSENT McShane moved to approve the Minutes Consent items. Motion carried unanimously. 1. SURFACE WATER WORK SESSION FOR OCTOBER 17, 2006 2. SPECIAL COUNTY COUNCIL (CONCURRENCY) FOR NOVEMBER 14, 2006 3. COMMITTEE OF THE WHOLE FOR DECEMBER 5, 2006 4. SURFACE WATER WORK SESSION FOR DECEMBER 12, 2006 S. SURFACE WATER WORK SESSION FOR JANUARY 23, 3007 Whatcom County Council, 1/30/2007, Page 2 412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. OPEN SESSION The following people spoke: Sandra Carlson, 4815 Academy Street, Bellingham, stated the Squalicum Valley community thanks the Council for sending Councilmember Nelson's proposed ordinance to the Planning Commission. The ordinance would remove the cluster option in rural forestry zones in the County code. The current policy is inconsistent with the Comprehensive Plan and Growth Management Act (GMA). Siting development in urban densities in forestry resource lands is inherently incompatible with the use for which those lands were designated. It will lead to a conflict between residents and foresters. The Growth Management Hearings Board has said that urban density is the greatest threat to forestlands. The legislature mandates protection of forestlands. The 20-acre exemption process does not afford the owner vested development rights. Restrictions should prevent the gerrymandering of lot boundaries, and allow the development process only when they are able to demonstrate availability of adequate water resources. Geologists have stated that sustainable long-term supplies on Squalicum Mountain are nil or remote. If a developer is not allowed to cluster, and the law against extending water services into the rural zone is respected, then Squalicum Mountain will not be developed. The effort to develop on Squalicum Mountain is part of a bigger scheme to turn valuable forestland into urban residential tracts. Bob Hollingsworth, 1877 Academy Street, submitted and read from his testimony (on file). Do not allow the extension of urban services to the Vineyard development on Squalicum Mountain. Development should be prohibited. Larry Helm, 2260 East Terrace, completed reading the testimony submitted by Bob Hollingsworth (on file). He submitted a photo (on file). The area has low density. The ground absorbs all the water. It is the second biggest recharge area for Lake Whatcom watershed. They need to be smart about how to develop the area. His group is not against growth. However, clustering is a big problem because it creates groundwater sheeting. Gwen Hunter, 2540 Applejack Lane, Squalicum Valley Community Association Secretary, submitted and read from her testimony (on file). Explore the use of conservation easements to keep it a sustainable forest. Kris Unger, 2095 North Shore Road, Bellingham, stated the Council chair is not a position that rotates among the councilmembers. He was surprised that Councilmember Weimer's vote against funding to the Whatcom County -Bellingham Chamber of Commerce for promoting tourism was not held against him. Coupled with his vote against Ski -to -Sea funding, and his hostility to tourism, growth, and seeming lack of support of local business, he must ask the Council what it was thinking when it elected him as the Council leader. Council Chair has been consistent. He asked the motivation for denying targeted funding to the Chamber, from money already colleted, since the promotion of tourism is already funded by the hotel/motel tax, unless the intent was to rob this money to fund pet projects. Whatcom County Council, 1/30/2007, Page 3 413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. They already saw an orgy of planned spending during the budget process, in which the budget surplus will be cut in half. Creating a new position for critical areas ordinance enforcement is Orwellian. Focus on collaborative efforts and cooperation. If they continue down this road, the Council will have to work very hard to gain the support of the taxpayers in the community. Brenner stated she voted for Councilmember Weimer as Council chair because is very nice, ethical, and runs a great meeting. That's why you elect a chair, not for a personal ideology. Johnny Grames, 1506 East Maplewood Avenue, Bellingham, stated that the chair must be firm and fair. He thanked the new chair for adding levity to open session. Corruption is the greatest expense in government. Have a public hearing on corruption and abuse of power in the courthouse. Dean Fearing, REStore Director, stated a new program is before the Council to start a latex paint recycling program. The REStore recycles latex paint currently. They recycle about 5,000 to 6,000 gallons of latex paint per year. It is a free service to the public. They sell the paint they collect to the public at cost. Patrick Alesse, 4825 Alderson Road, stated it costs more money to service people in outlying areas. He heard that the County is considering putting houses near Birch Bay on ten -acre lots, for the future. England has wide areas where there is nothing. As people in England grow into those spaces, they will move in efficiently. If they want to scatter people here and there, taxes will go up. Pay attention to the future they're building for the children. They can't leave children with homes that are hard to service. Brenner stated that the west Cherry Point area proposal hasn't come from the Council. It's not a done deal. Someone put in an application. Dennis Jones, 1487 Sudden Valley, submitted a video. Choose the lesser of two evils. He thanked the County for the work it did in 2003 and 2004 on the points they've agreed to. People have done great. The best known scientist says that people should understand while there is still time to save it. The lake has turned. It has to go back to the condition it was in about 1991. There is a plan to do that, but the plan isn't funded. The shoreline program needs to be tightened up for Lake Whatcom. He will work for a group called the Chuckanut Mountains Park District. It will take the best approach. Ronald Robertson, 4419 Minaker Road, Sumas, submitted information (on file). His wife received a dog bite from a pit bull on January 8. Today, she's still not on her feet. He asked the Council to review the ordinances for potentially dangerous dogs. The City of Auburn has come up with a list of dogs that are considered potentially dangerous. Someone with a potentially dangerous dog, according to the list, should have to be specially housed. The pit bulls that attacked his wife were penned and dug out of the fence. The owners were uninsured, so he and his wife have to bear the expense. The dog owners must be responsible and held accountable. His insurance company should not have to bear the burden of a dog bite like this. Brenner asked if Mr. Robertson contacted animal control. Robertson stated he did. The dog that bit has been destroyed. The other dog has to be locked up and in the owner's Whatcom County Council, 1/30/2007, Page 4 414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. control at all times. If a dog is potentially dangerous, they must be in a pen with roof and floor that cannot be dug up. Now, a dog has to commit the felony before anything is done. His wife was taking a walk. She was not in the dog's property. The dog left the yard and bit her. Now, he feels like a hostage in his own yard. He shouldn't have to feel that way. An ordinance needs to be written to protect people. McShane asked if both dogs were pit bulls. Robertson stated the dog that bit was a full -blood pit bull. The other dog was a half-blood pit bull. Caskey-Schreiber stated she would look into this issue. PUBLIC HEARINGS 1. ORDINANCE IN THE MATTER OF GRANTING A NON-EXCLUSIVE FRANCHISE TO TELECOMM ASSOCIATES FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY (2006-439) Weimer opened the public hearing and, hearing no one, closed the public hearing. Brenner asked when they can make some changes to the franchises. Pete Kremen, County Executive, stated that Councilmember Brenner was concerned with the franchise agreement for Comcast. That contract is up in four years. Brenner stated she would like to see the same rules in each franchise. Rates keep going up, and there is no place for the public to go about it. Make sure there is wording in these long-term franchise agreements that protects the public, and allows the public to have different providers if they want. (Clerk's Note: End of tape one, side A.) Brenner stated that all the providers seem to each have their own area, even with the non-exclusive franchises. People are still stuck with a monopoly. this. Karen Frakes, Prosecutor's Office, stated she can look into this. Kremen stated that Prosecuting Attorney Dan Gibson would know the most about Brenner moved to refer to the Public Works Committee. Crawford asked if Lummi Island currently has a cable company. Brenner stated she doesn't think the residents do. Crawford said this is a competing cable company on Lummi Island. Whatcom County Council, 1/30/2007, Page 5 415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kremen stated Lummi Island has a cable company. Crawford stated he doesn't understand Councilmember Brenner's concern. Brenner stated she would like to make sure there is some kind of language in the agreement that so the franchise doesn't end up a monopoly. Motion failed 1-5 with Brenner in favor. Crawford moved to adopt the ordinance. Motion carried 5-1 with Brenner opposed. 2. ORDINANCE ADOPTING A MINERAL RESOURCE LANDS COMPREHENSIVE PLAN AND ZONING DESIGNATION ON BRECKENRIDGE ROAD (AB2006-422) Weimer opened the public hearing and the following people spoke: Rollin Harper, City of Nooksack City Planner, submitted supplemental testimony on the Breckenridge mineral resource land (MRL). The City was contacted by concerned neighbors, who opened the City staff's eyes. The approval of this MRL extension would destroy a residential neighborhood. This is not consistent with the policies and goals of the County Comprehensive Plan designation criteria. The MRL's are to be located in low density rural areas in locations where they can protect existing residential neighborhoods and avoid future land use conflicts. However, the proposed MRL is surrounded by higher density residential areas. The topography is such that all the people will look down on an impact to their lifestyle that can't be mitigated. The place for Nooksack to grow is to the east along Breckenridge Road and Sorenson Road. Fleetwood asked why the proposed buffer is insufficient. Harper stated no specific buffer is included as a condition. One will be included at a future time, but they don't know those specifics. It comes back to the larger gestalt of the neighborhood. A buffer may be sufficient if there weren't so much density already there. However, there is too much potential for future conflicts. The proposed MRL areas now serves as the buffer to the existing MRL. Leave the buffer in place. Don Kenny, 3551 Sorenson Road, Everson, stated he owns The Cedars, an adult family home with four elderly women. His business has existing for 15 years. The expansion is a football field away from his business in the residential area. Deny the expansion, because it is incompatible with the neighborhood. The expansion is inconsistent with Whatcom County's stated goals. If this goes forward, his business may be so adversely impacted that he would not be able to continue. Laurel Bodenshot, 3663 Sorenson Road, submitted and read a letter she sent to the Planning Commission a year ago (on file). The use of this land for anything other than agricultural pursuits should not be granted. Lance Thompson, 3627 Sorenson Road, stated he is concerned about the trucks from the gravel pit. They cross the double line on the road, without regard to anyone else. It will cause an eyesore. He strongly opposes the change. Whatcom County Council, 1/30/2007, Page 6 416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Michele Starkenburg, 3550 Breckenridge Road, stated she opposes the ordinance. The area is quite safe and peaceful. That's why she lives here. A gravel pit will bring noise, pollution, and traffic and will tear up the field right outside her backyard. It will depreciate the value of her land and home. The road is not built for all the truck traffic. It would be very dangerous near the school. There are no benefits for her or her neighbors. Theresa Davi, 3624 Sorenson Road, stated she now tolerates 53 trucks per hour coming and going from the Hoy Sand and Gravel. She moved out there to raise children outside of an industrial community. That area is industrial, but she doesn't want it to be. They want to remain healthy. Hard metals from the gravel pit will cause health issues. It will be like living on an earthquake every day. They don't need to dig up 25 acres. This meeting should have been held in Nooksack, so those who could not make this meeting could attend. This is discriminatory. More people could have been to this meeting, but they don't come to Bellingham. Bill Bouten, 3398 Breckenridge Road, submitted and read from his testimony (on file). He is against the MRL designation. William Allenby, 3392 Breckenridge Road, submitted comments and a photo (on file) and stated he is retired from the British Civil Service and is now an American citizen. His property will be surrounded on three sides if this designation goes through. He is against the MRL designation. This is a very beautiful part of the world. He can't understand the reason for this. Jane Bouten, 3398 Breckenridge Road, submitted and read from her testimony (on file). She is against the MRL designation. Her home will be surrounded by three sides. The residents are impacted enough by mining in the area. Properties would be devalued. Mary Lou Coppinger, 3594 Breckenridge Road, submitted photos and testimony, and read from her testimony (on file). She is against the MRL designation. Mary Terry, 3444 Breckenridge Road, stated she lives south of the area. Her parents and her daughter live in the same area. There is an existing mine in the area. The mine lays behind a heavy group of trees in an isolated area. If the overlay is allowed, it would make it eligible for a permit to mine. The mine would become the center of their home area. Leave it as it is. The community is close. They want to keep what they have. Maintain the Comprehensive Plan map and the underlying zone as it is now. Leslie Hamilton, 3443 Breckenridge Road, submitted and read her testimony (on file). She is opposed to the MRL designation. Penny Howlett, 3605 Breckenridge Road, submitted and read from her testimony (on file). She is against the MRL designation. Lesa Starkenburg-Koontje, Lynden, stated she represents Concrete Nor'West and is in favor of this proposal. She appreciates the fact that mining creates impacts. Tonight, they are talking about the protection of this 24.9 acre parcel. This is not a request to mine. Whatcom County Council, 1/30/2007, Page 7 417 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. It is a request to place the land into the MRL, which will prohibit the land from being divided into five -acre tracts and keep the land available for the resource. The benefit is to the general public. The Growth Management Act says they must protect quality resources for the public's future. The public is one of the biggest users. The State and local contracts and public uses are one of the biggest uses for gravel materials. As the materials become less available, the prices go up. The impact will be dealt with through the permitting process if a mining permit comes forward. Permits are required from the local government and from State agencies. Sufficient buffers are required to ensure that noise, dust, and other impacts to surrounding property owners are within applicable regulations and performance standards. Buffers are set according to the impact. There are already 158 acres of MRL in this area. This is an area of quality gravel. According to the Geo-Engineers report, this is one of the few areas where there is room for expansion. They can't put an MRL anywhere. It has to go where there is quality material. People have talked about the wonderful environment that is out there. That wonderful environment includes 158 acres of existing MRL's. There is the possibility of compatibility. That's what's considered in the permitting process. There isn't a specific mining proposal now, but Concrete Nor'West has been a good neighbor. The Hearing Examiner applauded Concrete Nor'West in the past for being a very good neighbor. A number of conditions have already been placed on this project through the mitigated determination of non -significance (MDNS) that was issued and through the staff report. Staff recommends approval and indicates that the application meets the various criteria. A number of the parcels are smaller because of clustering. This is a rural, one unit per five acres (R5A) zone. If this isn't protected for mineral resources, it will most likely become a plat, which doesn't protect agricultural land, either. Paul Bodenshot, 3663 Sorenson Road, stated people already spoke about the impacts, health issues, and quality of life. The Council is in a tough position. (Clerk's Note: End of tape one, side B.) Bodenshot continued to state that it's easy to make these decisions when they see the industry and growth coming in, which increases the tax revenue. However, sometimes they have to make a decision from the heart, not the brain. Think about the decision from the point of view of the people who are testifying tonight. They're asking the Council to make a decision as if it was on a street where they live and it was their children who walked across the street near the gravel pit. They don't know how this will effect their health. Make the decision as if it were on the street where the councilmembers live. Dawn Durand, 3656 Toad Lake Road, stated she is speaking on behalf of her clients who have purchased in this area. She has been a real estate agent for 17 years, and has a Whatcom County Council, 1/30/2007, Page 8 M. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. good idea of what the effects would be. This request would decrease property value by half. She asked who would buy a home where gravel trucks run constantly. This is a pristine, quiet, rural community. That is why the residents choose to live there. The community is safe and affordable. Proximity to the elementary school should be the reason to deny this request. Ben Craft, 3550 Alm Road, Everson, stated he has an organic sustainable farm with the same type of soil that this property has. It shouldn't be about the money. It should be about the people, not the money. It's a bad idea. An 85-foot hole in the ground next to residential areas would result in a landslide during an earthquake. A big hole should not be dug in the neighborhood. That ground should not be a gravel pit. It should produce food, not gravel. They should not depend on a food source that is 1,600 miles away. They need to save farmland, residential land, and good places for people to live. If this area is rezoned to MRL, it is worth millions of dollars more. The tax base should be shifted to this area, so everyone pays the same amount. Jeffery Howlett, Breckenridge Road and Sorenson Road, stated gravel trucks cannot get around the corner of Breckenridge Road and Sorenson Road, like other trucks can. The trucks run off the road. The road is two feet wider than a few years ago. It's a safety hazard. The proposed access is a right angle turn. There is no way a gravel truck can get on the road without obstructing the oncoming lane. A 50-foot trailer on a semi cannot go around that corner while staying in its own lane or without running off the road. Carrie Carter, 3965 Hillside Road, Deming, stated she grew up on the Breckenridge Road. There is only one reason the applicant has to ask for a zoning change. They intend to mine it. The gravel pit is not a friendly neighborhood. There is no way it could go next to a residential neighborhood or grade school. This property is the only high plain level in that area. She asked where else people will build homes. The Code and policies are clear and cannot be ignored. They cannot designate MRL areas at the expense of the existing agriculture and uses. The Council can't approve this amendment and designate the area an MRL without violating those policies. The reason that the current mining works in this neighborhood is because the mining is on a downhill slope. There is no buffer. There aren't 30-foot berms going into the backyards. It is a flat landscape. The gravel pit is down below. Don't bring the extension into the neighborhood areas. They can't coexist. It will destroy a neighborhood and families. Jayne Uerling, 3245 Mosquito Lake Road, stated she works in an industry that depends on available aggregate close to the market. She understands the difficulty of the decision. She lives in an area that is by a gravel pit. Everyday during the summer, from dawn to dusk, there are shooters, clinkers, dirt bikers, and constant noise. There is no way to get away from the noise. There is no enforcement. A berm does not keep out the noise. Driving on a road with a gravel truck is dangerous. Saim Ural, 3431 Alm Road, Everson, stated the Comprehensive Plan is supposed to have a 50-year reserve for all the MRL needed in the county. He asked what happened to it. Vote against this request. Hearing no one else, Weimer closed the public hearing. Whatcom County Council, 1/30/2007, Page 9 419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Pete Kremen, County Executive, stated Planner Matt Aamot is as good or better than anyone in his chosen field. When his recommendation came forward, it was based solely on the criteria, without the human element. That is what Mr. Aamot is supposed to do. That's his job. After listening to the testimony this evening, he recommends that the Council look at this issue in its totality and deny this request. Caskey-Schreiber stated this is a difficult issue. They will see this issue more often as this county grows and as resource lands become scarcer. When the Council updated the Comprehensive Plan, they focused heavily on importation as an option to meet the 20-year or 50-year needs for gravel. She is against docketing this request. The density around this site is higher than what mitigation can properly address. Also, the human element isn't considered. They have to consider what represents the public's interest. Given the siting of this MRL, it's proximity to an urban growth area (UGA) and a school, and the higher density, it's a good fit. Much of the County is not zoned as designated agriculture. They are trying to fix that. She would hate to sacrifice that land, and will fight to preserve viable agriculture land. The land in Nooksack is wet. This is one of the better places where the City may want to steer its growth. Brenner stated she must recuse herself from the vote. She inadvertently had an ex parte conversation with a neighbor in the area. She was influenced. She unfortunately thought the issue was still before the committee. She cannot vote. Karen Frakes, Prosecutor's Office, stated this is legislative, but it's a site specific rezone. Even though that has some legislative element, the appearance of fairness doctrine applies in this circumstance. Crawford moved to send this ordinance to the concurrency hearing. He understands and empathizes with the concerns of the neighbors. However, there are examples in other areas where people can live in proximity and adjacent to an MRL. Much of this has been characterized as the expansion of the pit. They will talk about that in the future. Many of these areas are short -plats that have been done in the last 20 or 30 years. They are on top of a resource. The Comprehensive Plan is supposed to guarantee a 50-year supply. At the time it was passed and since then, the Comprehensive Plan has never met the 50-year supply. They currently estimate the 20-year supply, which will last ten to 12 years at the current rate of extraction. Then there will not be any more supply. The County doesn't meet the terms of the County Comprehensive Plan anywhere close to 50 years. The County anticipates the needs, but has never adequately addressed the resource need. The school said it was agreeable to the existence of gravel extraction in that area when the school was built. The school was aware of the gravel activity when it went it. The Council has that documentation. It's unlikely there will be an exit on Sorenson Road. The committee dealt with this. The right-of-way across State Route 9 will be difficult to obtain. It's not desirable for the extractors to go that direction. The proposal is an upgrade to the intersection on Breckenridge Road at the current access. If that area ends up being used for gravel extraction, it will come out south onto Breckenridge Road, via another lot. Whatcom County Council, 1/30/2007, Page 10 420 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. McShane stated there is a condition that the intersection of Breckenridge Road and a smaller road would be improved before any mining could occur in that proposed MRL. Crawford stated he has a number of similar, but different, kinds of activities, including noise from Hannegan Speedway and power lines, in his neighborhood. There is going to be some level of compromise to quality of life in any area, such as the smell of manure from an adjacent farm. This is a reasonable step forward for the County to attempt to address a need they cannot ignore. This is a reserve area for future generations to potentially have some grave extraction reserves, which will be badly needed. McShane stated he will support the ordinance. The Natural Resources Committee worked hard to work through some of these issues, and made sure additional conditions will apply, in addition to the staff's recommended conditions. The Natural Resources Committee found that Sorenson Road could not be used. It is inefficient, and sending trucks that direction will have a significant impact. His concern was making sure they improve Breckenridge Road, including maintenance along the road. He is not happy with the rules governing mining itself, not the designation of MRL's. The rules need to be addressed. A committee was formed, but did not work on that issue. As long as that issue is not fully addressed, this conflict will remain. He asked Executive Kremen to work with his staff to deal with this very problem. The mining hours of operation are too long. What is allowed in mining areas adjacent to residential properties is what causes this conflict. This is the first MRL request to come to the County Council since he's been on the Council. Before that, many of these concerns came up when MRL's were designated. Protecting the resource of gravel extraction wasn't done. Now, they are trying to protect mineral resource lands that have already been carved up into five -acre parcels. The only area where it won't impact people is on big agricultural properties. The Council is not interested in allowing mining on prime agricultural land in the agricultural zone. That took a huge chunk out of the county's capability for having mineral resource lands. He supported that decision. However, the County doesn't have a supply for 50 years. The designated supply will last for a short term. There is very little good gravel left in the county. As the pressure comes forward to expand these designated areas, constrain the type, length, and hours of activity so the mining areas aren't as burdensome to those who have to live around them. Fleetwood stated the committee vote on this application was difficult, but he supported this designation at that time. At the time, he believed that the City of Nooksack was satisfied that conditions could be put in place that would mitigate impacts. Tonight, he's learned that they can't adequately condition this particular application to mitigate the impacts to the community. He will vote against the ordinance tonight. Weimer stated he voted against docketing this issue last spring. The Nooksack UGA is very close to this area. The proponents already own this land. If they think there is a shortage of gravel in the future, they should hold on to the land, and things may change. At this point, don't impact these people. Hopefully, they will find another source. McShane stated a pipeline runs through the UGA. Weimer stated pipelines coexist with UGA's all over the country. Whatcom County Council, 1/30/2007, Page 11 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Motion failed 2-3-1 with McShane and Crawford in favor and Brenner abstaining. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through three and five through 17. Motion to approve Consent Agenda items one through three and five through 17 carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RE -AWARD BID #06- 117, PREVIOUSLY AWARDED TO LOW BIDDER DEWEY GRIFFIN, TO SECOND LOWEST BIDDER BELLINGHAM CHRYSLER, FOR THE PURCHASE OF TWO HALF -TON 4X4 EXTENDED CAB PICKUP TRUCKS IN THE AMOUNT OF $47,002.10 (RE -AWARD REQUESTED DUE TO DEWEY GRIFFIN'S INABILITY TO OBTAIN THE VEHICLES BECAUSE OF A TIME LAPSE BETWEEN BID AND AWARD) (AB2007-070) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HANDEL INFORMATION TECHNOLOGIES FOR THE PURPOSE OF PROVIDING MAINTENANCE AND CUSTOMIZATION OF JUVENILE OFFENDER CASE MANAGEMENT SYSTEM, IN THE AMOUNT OF $18,000 (AB2007-071) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST YOUTH SERVICES FOR THE PURPOSE OF OPERATING THE TEEN COURT PROJECT FOR WHATCOM COUNTY, IN THE AMOUNT OF $18,500 (AB2007-072) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE IMPLEMENTATION OF ACTIVITIES IDENTIFIED IN THE LOCAL SOLID WASTE MANAGEMENT PLAN AND HAZARDOUS WASTE MANAGEMENT PLAN, IN THE AMOUNT OF $68,000 ($51,000 FROM STATE OF WASHINGTON DOE/$17,000 FROM WHATCOM COUNTY) (AB2007-073) Crawford reported for the Finance and Administrative Services Committee. He moved to approve the request. Brenner stated she is against the motion. This item didn't go before the Solid Waste Advisory Committee. It should have. The grant should be used to work with ReStore. The County is better off working with private businesses rather than trying to do the same thing. For recycling and reuse, the ReStore already exists. Bruce Roll, Public Works Department, gave a staff report and stated staff is working on a revision. The County doesn't intend to create a competing program. He discussed the Whatcom County Council, 1/30/2007, Page 12 422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. item with the director of the program at ReSources. There are a number of issues. First, the ReStore doesn't accept buckets of five or more gallons of paint. Many contractors are interested in disposing latex paints in those quantities. Also, the ReStore doesn't accept quantities less than one gallon sizes and has space limitations. On occasion, the ReStore turns away people when capacity is full. There is a need for paint disposal in a way that doesn't compete with ReSources. He will work on a program that program that doesn't compete. The number one item that people bring to the toxic waste site to get rid of is latex paint. The need for a program that isn't duplicative is there. Also, this is a pilot program. Brenner stated she thought this would be done with the ReStore. She recently found out it's an independent program. She doesn't understand why they can't work with the ReStore. She thought it was for an expansion of what the ReStore does. Crawford stated the ReStore only takes gallon cans. The cans have to be at least half full. They don't take pint cans. Most paint contractors don't use gallon cans. They use five - gallon cans. The ReStore does not provide a means for disposal of the unused paint in those five -gallon cans. Brenner stated she is not in favor of this program because it's not an expansion of the ReStore's program. Weimer stated the County's Disposal of Toxics Program used to take latex paint. He asked why the County quit taking latex paint in the 1990's. Roll stated the program quit taking latex paint because ReSources asked for a grant to take on this activity in 1997. ReSources started to accept latex paints, to be remixed and sold. According to the ReSources Executive Director, customers did not want to go through the process to remix and recycle the material. ReSources gave the money for that purpose back to the County. The program didn't work out. (Clerk's Note: End of tape two, side A.) Roll continued to state that ReSources would like to divert those materials they couldn't use to Seattle to a place that is an active recycler. That would make sense. Weimer stated that is an interesting re -write of history. He was a Solid Waste Advisory Committee member the whole time, and wrote the Solid Waste Management Plan. The reason they quit taking latex paint is because the Disposal of Toxics Program has been a black hole in which the County has thrown money for years. It kept expanding to the point where the County couldn't afford it anymore, and the City didn't want to chip in any more money. The State Department of Ecology changed its ruling on latex paint so it's not considered a toxic item. People were told to mix the paint with kitty litter and throw it in the garbage. At that point, there was an outcry in the community, so the ReStore stepped in and started taking latex paint for free. He tried to get some money from the County, but didn't need it because the paint sold. The ReStore bailed out the County. The County couldn't afford to deal with it through the Disposal of Toxics program. It would be great if the Disposal of Toxics program could start taking in unusable types of latex paint, but it will increase the cost. The contract says that the Department of Ecology won't pay for it. They are increasing the cost of the Disposal of Toxics program to get rid of 50 to 75 percent of the Whatcom County Council, 1/30/2007, Page 13 423 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. paint the program receives. He asked when the increase for the Disposal of Toxics program will come forward to cover it. He asked how much economic or environmental sense it makes to load up trucks with latex paint and drive it to Portland. It doesn't make sense to do this when someone in the community is doing it for free. He is opposed to the motion. McShane asked what is happening now to large quantities of paint. It sounds like he can't take it to Resources. Weimer stated he could much of the time. It depends on their supply. Businesses can't bring toxic things out to the Disposal of Toxics facility without paying a fee. A paint contractor would have to pay a fee. Crawford stated that both RDS and Recomp will take partially filled five -gallon buckets of paint for the waste stream, but a coagulant must be added before they take it. He thinks most painting contractors are simply putting it into the waste stream. This program will provide a different outlet for it. Caskey-Schreiber asked if the County can use this grant money to contract with ReSources to do the work. Roll stated the grant contract specifies the Disposal of Toxics site. He will talk to the Department of Ecology about amending the contract. He is not opposed to that. However, think about the process by which these things are brought forward, and whether the County is giving preferential treatment to a business. Make sure this is done in a way that makes sense. There is a 45-day period to either accept or deny the grant. They could jeopardize the receipt of the grant monies. McShane asked how long this grant is for. Roll stated it is a two-year grant. McShane asked if they would know how much paint is coming into the program at the end of the two years. If the grant weren't continued, someone could take on a similar program. Roll stated he is averse to using Solid Waste monies for this until it's a functional program. That's why he wants to use this grant money to develop a pilot program. If it becomes a viable program, there may be ways for the private sector to take on the program. McShane asked if there is an arrangement between the Department of Ecology and Phillips. Roll stated they are referenced in the contract. Weimer stated those are the folks who run the Disposal of Toxics program for the County. Fleetwood asked if they are within the 45-day time limit. Caskey-Schreiber asked if they can get an extension. Roll stated he could try. The question is whether the Council fundamentally believes in this program. It's in the Solid Waste Plan. He needs to know if this language should continue to be in the plan. Brenner stated she is concerned if the County does this for two years. She asked what happens after that. Someone who has gotten money for a program is more likely to keep a program going. See if it could work with the Restore. Whatcom County Council, 1/30/2007, Page 14 424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber moved to hold in Finance Committee, while staff seeks an extension on the 45-day period. Roll stated this grant is available to the County, for County purposes. He can't say that Restore will get the money. The County would have to go through a bidding and selection process. People routinely go to the Disposal of Toxics site. He asked if the Council wants a partnership between the Restore and the toxics facility, or if the Council wants it all to go to the Restore. There are a number of questions to which he needs answers. Fleetwood asked if the Department of Ecology will grant an extension. Roll stated he's never asked for one. The department is generally very accommodating. Pump some money to Restore to see if it can find a way to do the program. Weimer stated he's not sure if the money is the problem with the Restore. Pete Kremen, County Executive, stated this issue just surfaced quickly. According to ReStore Director Dean Fearing, he hasn't had time to digest the idea, but thinks it may be a positive thing that he would support. Don't rush into anything. He hopes they can still achieve this funding from the State. It's not a guarantee. It's not the end of the world if they don't get it. It is something the community should do, one way or another, for the quality of the environment and life in this community. Brenner stated the bigger amounts of paint wouldn't stay in the community. They would go somewhere else. Maintain reuse and recycling in the community, which helps quality of life. Transporting the material for recycling is a tradeoff. They're trading a non- toxic item for more traffic on the road. See if there is a way to do this with the ReStore or someone else in the community. Weimer stated he doesn't care whether or not this goes to the ReStore. His frustration is that the County has started this three times now, spent a lot of money doing it, and then it dwindles away. The Solid Waste Advisory Committee was never asked about it. The Department of Ecology has been having meetings to start regional facilities like the one in Portland. No one at the Solid Waste Division seems to know about that. It's frustrating that the County has no institutional memory. McShane asked Councilmember Weimer's idea for an ideal solution for disposing of waste latex paint. Weimer stated a local or regional business, like the facility in Portland, would be great. Collect the paint regionally, remix it, and resell it. Northern Puget Sound counties are looking for a local solution, even though it's not a toxic material, because the cost of shipping to Portland is exorbitant. Sixty to 70 percent of the paint taken in is bad, and a program would end up disposing of that for free. McShane stated ultimately, the decisions are made at the Executive Committee level. It sounds like a regional solution needs to be worked out. He asked what the County gains by not doing this. He asked if Councilmember Weimer is trying to send a message to the Department of Ecology about the manner of grant it should set up. Weimer stated the money ought to go to setting up a regional solution, not a two- year grant that will go away. Whatcom County Council, 1/30/2007, Page 15 425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. McShane asked if this is the best way to send that message. He asked if Councilmember Weimer thinks the Council should turn down the grant. Weimer stated the Council should turn down the grant, with a message for the Department of Ecology about why it is turning down the grant. Ecology doesn't set up their grants for something like that because it's a business startup. McShane stated the Department of Ecology is giving the County money to accept and ship the material for two years. After two years, the hope is for a regional facility. If not, they are back to coagulating the material and putting it in the garbage, or hoping that ReSources will take the material. Weimer stated the majority of the paint that the Disposal of Toxics facility will get through this program won't be paint that the grant will pay for. Sixty or 70 percent of the paint won't be useable. The contract specifically says that the grant won't fund any cost of getting rid of that unusable supply. Brenner stated some of the money is local money. Roll stated the grants have to be matched with local funds. It isn't the County's intent to ship everything that comes in to the site to Seattle for process. The goal is to take what can be used locally for people to come in and get the material. If the material isn't taken, it will find its way to a recycler. McShane asked if there is money in the solid waste program for a local entity to take the paint and sell it. Roll stated they've had a solid waste program that annually asks for applications for new, innovative programs to fund. There have been four or five successful programs. To date, no one in the community has applied to do a program with latex paint. That's one of the reasons for this request. He didn't think anyone wanted to do it. Caskey-Schreiber stated the County is sending a message if it asks for an extension to do something different. Brenner stated she can think of great ideas for programs. They can make an effort to take a wider variety of plastics, for example. Latex is lower on the list. Things are already happening with it. Motion to hold in committee carried 4-2 with Crawford and Brenner opposed. S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WORK OPPORTUNITIES TO DEVELOP CAPACITY FOR PATHWAYS TO COMMUNITY EMPLOYMENT FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES CURRENTLY BEING SERVED AT NORTHWEST INDUSTRIES, WHICH IS A FACILITY BASED EMPLOYMENT SETTING, IN THE AMOUNT OF $62,545 (AB2007-074) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND STARCK FOLLIS, DAVID A. NELSON, ROBERT D. BUTLER, CARL MUNSON, NANCY NEAL, THOMAS H. FRYER, DOUGLAS R. HYLDAHL AND MARY KAY LOVING TO PROVIDE Whatcom County Council, 1/30/2007, Page 16 426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. CONFLICT INDIGENT CRIMINAL DEFENSE LEGAL SERVICES WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT (AB2007-075) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND JEFFREY A. LUSTICK AND MARK A. KAIMAN TO PROVIDE CONFLICT INDIGENT CRIMINAL DEFENSE LEGAL SERVICES WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT (AB2007-076) 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND MICHAEL P. BRODSKY TO PROVIDE CONFLICT INDIGENT CRIMINAL DEFENSE LEGAL SERVICES WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT (AB2007- 077) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND ANDREW L. SUBIN TO PROVIDE CONFLICT INDIGENT CRIMINAL DEFENSE LEGAL SERVICES WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT (AB2007-078) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND JESSE SALOMON TO PROVIDE CONFLICT INDIGENT CRIMINAL DEFENSE LEGAL SERVICES WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT (AB2007-079) 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND SCOTT M. CHOATE TO PROVIDE CONFLICT INDIGENT CRIMINAL DEFENSE LEGAL SERVICES WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT (AB2007-080) 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND MARGARET MAWSON, R. SCOTT MAWSON, PENNY HENDERSON, JENNIFER TEPKER, SCOTT CHOATE, DAVID HUNTER AND KATHRYN RESNICK TO PROVIDE PROFESSIONAL LEGAL SERVICES FOR INDIGENT PARENTS IN DEPENDENCY CASES (AB2007-081) 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND COLLEEN ROGERS, MARY ANN SHAFFER, MICHELLE PADDIE, TAMI HILLMAN, JAYME GIBBS AND LAUGHLAN CLARK TO PROVIDE GUARDIAN AD LITEM SERVICES FOR MINORS IN DEPENDENCY CASES (AB2007-082) 14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM DISPUTE RESOLUTION CENTER TO PROVIDE DISPUTE RESOLUTION SERVICES AND MANDATORY MEDIATION ADMINISTRATION (AB2007-083) 15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO- YEAR CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY Whatcom County Council, 1/30/2007, Page 17 427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. SERVICES TO PROVIDE SUPERVISED VISITATION SERVICES FOR FAMILIES IN DOMESTIC RELATIONS CASES (AB2007-084) 16. RESOLUTION FOR THE APPOINTMENT OF AGENT TO RECEIVE CLAIMS FOR DAMAGES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (AB2007-085) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 17. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES (AB2007-086) OTHER ITEMS 1. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, FIRST REQUEST, IN THE AMOUNT OF $182,659 (AB2007-061) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 1 FOR CRP #902008 LINCOLN ROAD, SHINTAFFER ROAD TO SR 548, IN THE AMOUNT OF $1,200,000 (AB2007-062) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The costs are up significantly from the estimates. Fleetwood asked how much the costs have gone up. Crawford stated the increases are 50 percent for construction, and close to double on right-of-way acquisition. However, there will be a review of the cross section design. There will be a divider in the middle of the road for stormwater purposes. They have an option to change that design as the project progresses if the cost is too much. Motion carried unanimously. S. RESOLUTION SUPPORTING WESTERN WASHINGTON UNIVERSITY'S REQUEST FOR STATE FUNDING TO BE USED FOR PLANNING AND FEASIBILITY STUDIES LEADING TO THE BELLINGHAM WATERFRONT REDEVELOPMENT PROCESS (AB2007-091) Crawford reported for the Finance and Administrative Services Committee and moved to approve the resolution, with one change, "Now, Therefore, Be it Resolved, that... The County's support for this project funding is in addition to the County's priority funding requests for financial assistance for the creation of the East county Community Center and funding requests that are needed for stormwater improvements or fixes within the Lake Whatcom watershed." Whatcom County Council, 1/30/2007, Page 18 Em 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Motion carried unanimously. 3. DISCUSSION AND VOTE ON ONE COUNTY LEGISLATIVE AUTHORITY CANDIDATE TO SERVE AS THE "COUNTY REPRESENTATIVE" ON THE STATE BOARD OF NATURAL RESOURCES (ONLY WASHINGTON STATE COUNTIES CONTAINING FOREST BOARD LANDS MAY PARTICIPATE IN THE ELECTION AND EACH PARTICIPATING COUNTY RECEIVES ONE VOTE) (AB2007-067) McShane nominated Tim Sheldon. Brenner stated that Tim Sheldon's letter was very impressive. He has an incredible background. He was also very humble. Caskey-Schreiber nominated Mike Doherty. McShane stated Mr. Sheldon served with him on the Puget Sound Action Team for a couple of years. He understands how to reach compromise on issues. Mason County has significantly protected parts of Puget Sound by maintaining areas. Other applicants have been rather rabid against Whatcom County's position about protecting Lake Whatcom. Weimer stated he will support Mike Doherty. He has known him for a number of years casually, and has worked with him on water issues. He's worked in the timber industry in the past. Crawford voted for Sheldon. McShane voted for Sheldon. Fleetwood voted for Sheldon. Weimer voted for Doherty. Brenner voted for Sheldon. Caskey-Schreiber voted for Doherty. Tim Sheldon was appointed. Weimer stated they have the option to vote in fractions. Caskey-Schreiber stated she wanted to change her vote to Sheldon, so it's clear that Whatcom County has some influence on whoever they pick. Weimer stated he would also change his vote to Sheldon. The vote is unanimously for Tim Sheldon. 4. RESOLUTION INITIATING AN EMERGENCY ZONING TEXT AMENDMENT TO WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2007-068) This item was withdrawn from the agenda. Whatcom County Council, 1/30/2007, Page 19 429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 6. LETTER TO BE SENT TO THE WSDOT REQUESTING INSTALLATION OF STOP SIGNS AT I-S EXIT 270 (AB2007-032) Brenner reported for the Public Works and Safety Committee and stated the Public Works Department will support her letter. Crawford stated he would not support the letter. It doesn't seem to make good sense. There is a curve on the north bound off ramp and on ramp. It makes sense to have a stop sign there. It doesn't make sense to have people stop there, stop again on the other side of the freeway, and stop again at the red light on Portal Way. He asked why the individual wants this. There is very little traffic that comes off. Not a lot of people go southbound, other than people who want to shop at that outlet mall. He asked why they would encourage them to stop the traffic going east and west on Birch Bay-Lynden Road. Brenner stated she's twice had someone pull out in front of her at that location. Because of the hill, people don't really notice it. The Public Works Department agreed. Caskey-Schreiber asked if Jeri Smith would comment. She doesn't know if there is a problem. She would like a local's perspective. Jeri Smith, realtor, stated the Birch Bay-Lynden Road has four stops now. Grandview Road does not. Grandview should have stop signs also. Those are the two main entrances to Birch Bay. They need to make them consistent. Also, the east -west traffic is very dangerous in those two locations. There are stop signs on the Birch Bay-Lynden Road, and not the Grandview Road. Fleetwood asked if the Public Works staff agreed with this before or after they looked into the situation. Brenner stated it was after the staff looked into it. Consistency is a great idea. She will write another letter. Caskey-Schreiber stated she attended the Public Works Committee meeting, and didn't hear Joe Rutan say that the State should do this. Brenner stated she has an email from Jeff Monsen, before he left. Caskey-Schreiber asked to know what the current Public Works Department staff 11ml i N Brenner stated she asked Mr. Rutan to write the letter. Mr. Rutan said that he would want to first write to the State and ask the State to do a study. Caskey-Schreiber stated the letter should talk about the inconsistency between the intersections, and then say why they want it changed. There is no rationale in this letter. Brenner moved to refer to the Public Works Committee. The committee will take the Grandview Exit into consideration. Whatcom County Council, 1/30/2007, Page 20 430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Unidentified speaker stated she's almost been hit at the Grandview exit many times. It's particularly dangerous. Motion carried unanimously. INTRODUCTION ITEMS Fleetwood moved to accept the Introduction Items. Motion carried unanimously. 1. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 2007-2 FOR CRP #998001 YEW STREET ROAD — PHASE 2 (AB2007-087) 2. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 2007-3 FOR CRP #904016 HAMPTON ROAD — MORMON DITCH BRIDGE #261 (AB2007-088) 3. ORDINANCE REGARDING PROJECT BASED BUDGET REQUEST NO. 2007-4 FOR CRP #906001 BIRCH BAY-LYNDEN ROAD/BLAINE ROAD (SR 548) INTERSECTION IMPROVEMENTS (AB2007-089) 4. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS (AB2007-090) S. ORDINANCE AMENDING, ON AN INTERIM BASIS, WCC, TITLE 20 BY ADDING A NEW CHAPTER 20.78 ESTABLISHING DEVELOPMENT REVIEW PROCEDURES ENSURING THAT ADEQUATE TRANSPORTATION FACILITIES ARE AVAILABLE OR PROVIDED CONCURRENT WITH DEVELOPMENT, IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT (REVISED) (AB2007- 069) OTHER BUSINESS WORK SESSION ON THE PROPOSED ORDINANCE AMENDING THE OFFICIAL SHORELINE MANAGEMENT PROGRAM (WCC TITLE 23), THE OFFICIAL SHORELINE MAP, AND ASSOCIATED PROVISIONS OF THE CAO (WCC CHAPTER 16.16), AND THE ZONING CODE (WCC TITLE 20) (AB2006-442) McShane reported for the Natural Resources Committee. The Shoreline Management Program will be introduced at the next Council meeting. One recommendation was about adding language to the critical area ordinance to create an interim channel migration zone. He's been advised that it should be done as a stand-alone action. It might create problems with the Shoreline Management Program update. As the Natural Resources Committee chair, he moved that the Natural Resources Committee rescind his support for defining an interim channel migration zone at this time. Motion of the Natural Resources Committee carried unanimously (3-0). Whatcom County Council, 1/30/2007, Page 21 431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS McShane stated Skagit County Superior Court had the Skagit County vs. the State of Washington case, regarding the Lake Whatcom landscape plan. The motion from Skagit County was a summary judgment to just throw out the entire plan. There was a cross - summary judgment to throw out Skagit County's appeal. In the end, the case will go to trial. The judge narrowed the issues to the legislative intent of how the land was being managed and whether public safety was part of that. (Clerk's Note: End of tape two, side B.) McShane continued to state that if Skagit County had won, the plan would have been gone. He's surprised that the Bellingham Herald has given this no coverage at all. The debate in Skagit County is how much money Skagit County has been spending. Skagit County will never make back the money it has already spent. There is an issue here that is about more than just money. Fleetwood stated the Planning Committee discussed and continue to discuss issues related to urban growth areas and boundaries. Weimer stated he is going to Olympia to testify to the legislature tomorrow. Brenner stated Sustainable Connections had a tour of Leadership in Energy and Environmental Design (LEED) certified, low impact development commercial buildings that meet a great standard for energy efficiency. The new Whatcom Educational Credit Union building is wonderful. The County fast -tracks permit requests for LEED-certified development. The City should also, especially in the Lake Whatcom watershed. She would like to have a discussion on the affordable housing work going on without the Council. She's hearing that a request for qualifications is going out and that David Rosen is the chosen person. Fleetwood asked Councilmember Brenner's basis for saying that. Brenner stated many people have told her this. She's never met the guy. The Council was supposed to be involved, but it wasn't. The Council was supposed to be involved before the request for qualifications went out. This effort is going on without the County. She had to ask the City for paperwork on what's happening with the Affordable Housing Task Force. It took the City days to get the paperwork to her, and then she had to pay for it. Make sure that this effort is what everyone wants. Make sure the menu of options for affordable housing is broad. Fleetwood stated this is an outrageous thing that Councilmember Brenner just said. It's completely unfounded. ADJOURN Whatcom County Council, 1/30/2007, Page 22 432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The meeting adjourned at 10:15 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Whatcom County Council, 1/30/2007, Page 23 433 WHATCOM COUNTY CQUNCIL AGENDA BILL NO. 2006--440 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Executive f a �' 1V� fL 'r �� RE 0 5 2007 4'lll l-IN COFIA COU- I � 1 ,l f7i 1 �;i�i! �i= �; � �='• �— 2113107 Introduction Division Head. 2 27 07 / / Hearing Dept Head: Prosecutor Purchasing/Budget. ~ Z Z Executive: w�� SUBJECT: Il Adoption of Ordinance authorizing the 2007 Whatcom County Unified Fee Schedule. ATTACHMENTS: Proposed Ordinance, Exhibit A — Unified Fee Schedule SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( J Yes ( ) NO Should Clerk schedule a hearing ? ( x J Yes ( X ) NO Requested Date: SUMMARYSTATEMENT: This proposed ordinance authorizes the 2007 Unified Fee Schedule. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance Brad Bennelt, Gaile McGregor ADS Human Resources ADS info Services Assessor Auditor Cooperative Extension District Court Executive Deivey Desler, Lori Daddio Health Hearing Examiner Jail COUNCIL ACTION TAKEN: 2 / 13 / 2007 : Introduced .juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer other Related File Numbers: Ordinance or Resolution Number (this item): 434 INTRODUCED BY: Consent PROPOSED BY: Coypg Executive DATE: February 13, 2007 111913 NE1104 NMI AN ORDINANCE ADOPTING THE 2007 WHATCOM COUNTY UNIFIED FEE SCHEDULE WHEREAS, this ordinance centralizes the listing of fees charged by Wbatcom County; and, WHEREAS, fees set by Washington State law will not be listed in the adopted fee schedule due to various timing and consistency conflicts. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Wbatcom County Unified Fee Schedule is hereby adopted as of April 1, 2007, as detailed in Appendix A, Unified Fee Schedule, and Appendix B, Policy For Planning and Development Services Fees. BE IT FURTHER ORDAINED that department directors may propose to the County Executive a reasonable charge or fee for providing services, privileges or products if the charge is not listed in the adopted Unified Fee Schedule. The fee may include the cost for the use (by any person) of any departmental equipment necessary to provide the service, privilege or product. Fees shall not exceed the amount necessary to reimburse the department for its actual costs incident to such service, privilege or product. During the year, upon a showing of sufficient justification, the County Executive may add new fees or adjust fees set by the Unified Fee Schedule by way of Executive Order. If the fee is an ongoing standard charge, it shall be included in the next annually -proposed unified fee schedule ordinance as a new fee. BE IT FINALLY ORDAINED that, if any portion of this ordinance is found to be unlawful, all remaining portions shall remain in effect. ADOPTED this day of , 2007 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Laurie Caskey-Schreiber, Chair APP VED as to form: - - �' Z 4 ivil Deputy Prosecutor O Approved O Denied Pete Kremen, Executive Date: 435 a I '� to C — ca N c (D C O �c a` N O N (9 C 0.0 C Q Q to N N 0000■ C L z 0 G a "= `o a' ai w o E CL y y E CD a) i�ca G C m a N C O a � t L j V G a o O m a 2} R iy V w m m o � S m m m m d E E E Z m Qa F E0 0 0'' o 0 o E a=° o In U) N F W > 0 0 0 0 a 00000 � C a C C L C L 0 0 L V L V ca CV a a lL U� Un p? v N N ) O o E E n $ a o a a ymm } q aaali�m 5 0 m C o N OC a O GCL o V - = � wa) w ¢ z as 0 a a s a s a 0 0 0 0 0 o to N o LO o ui LO m to ass ass eN va a CI G a Cl G a cn G a of C a to G m U m U C m C? 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Cm E m LL e!f a fA m C C y F N F u o U c t U p c o U °a u u; 3 Q. 7 d f.1 Q CO C` Q c C{�7 G E U E U 3 U n O W 0 COLLW CD m _Cc: Om O F o a o 0 0 N N N N N N N N' f- f- d ti O N csi Ll m Q} LL a LL 471 Appendix B. POLICY for PDS FEES 2007 PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING SERVICES DIVISION The Unified Fee Schedule Policy is a supplemental extension of the Unified Fee Schedule (UFS) and shall be adopted by Whatcom County as an integral part of, and not separate from, the UFS. The Planning and Development Services Department (PDS) UFS Policy is a practical mechanism intended to provide additional information and clarification for individual fees and how the fees are administered. DEFINITIONS: Certificate of Occupancy — As defined and in accordance with the 2003 International Building Code (IBC), Section 110 and the 2003 International Residential Code (IRC), Section R110. Outside Plan Review — A discretionary program available through the Whatcom County PDS, Building Services Division which allows an approved private service provider to perform the plan check/review phase of the pen -nit application review process. Pre -application Review — An optional program available to applicants with large and/or complicated project proposals. The program allows the applicant to submit minimum required preliminary information, which is then pre -reviewed by appropriate staff. The applicants and their consultants then attend a scheduled meeting where information related to their project and proposed application is exchanged and discussed. Project Valuation — A square foot value established for a respective portion of a building according to its proposed use. All applicable values are tabulated to determine one total project valuation. The total project valuation is then used to determine the applicable Building Permit Fee identified in UFS #2004 through 2011 and Plan Check Fee identified in UFS #2003. Repeat Plan — A set of plans for a specific building which the applicant intends to build multiple times under the same design criteria with no or substantially minor changes. The plans and related information are submitted for review and Repeat Plan File Setup prior to application for a permit to construct the specific building on a given site. See PDS UFS Appendix, Building Services Division, Repeat Plan Permit Applications, Addendum C. 1 472 Reuse Plan — A set of plans for a specific building for which the applicant has already received a building permit. Now the applicant intends to build the same building again with no or substantially minor changes under the same design criteria. Clearly legible copies of the reviewed/approved plans and related information are submitted for application to build the same building on a new site. See PDS UFS Policy, Building Services Division, Code Interpretation #2002-01, Addendum D. Unified Fee Schedule (UFS) — The schedule format document approved by the governing authority of Whatcom County, which lists and categorizes all fees the County is authorized to charge for administrative services and permit processes. GENERAL POLICY: The establishment and assessment of fees is per Whatcom County as the governing authority and per the code editions published by the International Code Council and currently adopted by Whatcom County with particular reference to the code sections related to fees (example: 2003 IBC Section 108). Fees shall be collected for any nonexempt work (IBC Section105.2) commenced without first obtaining a permit and/or for work by Whatcom County staff related to a permit application or to a project, whether or not a permit is then or subsequently issued. SPECIFIC POLICIES: 1. #8079 Building Permits Repeat Plan File Setup Rate Basis: 65% of Building Permit (UFS #2004 through 2011). Repeat Plan File Setup is a substantially similar process to typical plan submittal and plan check review. It involves all the same processes which are intended to be compensated through the Plan Check Fee (UFS #2003). The Plan Check Fee is 65% of Building Permits (UFS #2004 through 2011), respective to project valuation. See PDS UFS Policy, Building Services Division, Construction Fee Schedule, Addendum A (residential/accessory) or Square Foot Construction Costs, Addendum B (commercial) for project valuation and Repeat Plan Permit Applications, Addendum C, for a basic explanation of the repeat plan file setup program. 2. #8080 Building Pen -nits: Commercial Rate Basis: Per PDS UFS #2004 thru 2011 or approved bid documentation. Project valuation to establish permit fees for commercial projects is derived from the Square Foot Construction Costs table, listed and updated approximately annually, in the Building Safety Journal published by the International Code Council. See PDS UFS Policy, Building Services 2 473 Division, Square Foot Construction Costs example, Addendum B. Applicants have complained on occasion that their projects don't fit the table and can be completed for less than the value established by the table. There is some case -by -case merit to this argument. The table is somewhat general and does not adequately address certain specific types of projects. IBC Section 108.3 allows the Building Official to accept detailed estimates to establish valuation. The estimate documentation must meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official with the concurrence of the Director of PDS. 3. #8081 Building Permit: Reinstatement Rate Basis: 50% of original Building Permit Fee (UFS #2004 thru 2011) within 12 months of issuance and no code change. The rate amount is based on the language in the 1997 Uniform Building Code (UBC), Section 106.4.4, except that the Building Official with the concurrence of the Director of PDS has determined that the fee shall be one half (50%) of the original Building Permit Fee per the current UFS #2004 thru 2011. No changes shall have been made or will be made in the original plans and specification for such work, and provided that suspension or abandonment has not exceeded one year (12 months), and further provided that there has been no change in the applicable adopted code editions. The policy assumes all work to be inspected is accessible and includes an average of one reinspection per inspection category. Under the terms of the policy, as described herein, this includes the service through final inspection and issuance of a certificate of occupancy. 4. #8082 Building Permit: Work Started Without a Permit Rate Basis: LIFS Building Permit Fee (#2004 thru 2011) multiplied by two. The rate amount is based on the language in the 1997 LIBC, Section 107.5.2, except that the Building Official with the concurrence of the PDS Director has determined that the investigation fee shall be equal to the amount of the Building Permit Fee, UFS #2004 thru 2001. The purpose and intent of the fee is to recover some of the miscellaneous extra staff costs related to the enforcement actions associated with such issues. The investigation fee, in addition to the permit fee, shall be collectable, whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. 5. #8083 Building Permit: Repeat/Reuse Application Rate Basis: 50% less than the original Plan Check Fee, per UFS #2003. The discounted rate applies to 1.) applications submitted for projects that have completed the Repeat Plan File Setup process, see PDS UFS Policy, 3 474 item #1 previous, or 2.) for the Reuse of applications that meet the criteria per PDS, Building Services Division, Code Interpretation #2002-01, included in this Policy as Addendum D. The intent of the discount is to more accurately reflect the cost of providing the service, including not charging applicants for work not preformed. While some related administrative and follow-up staff time is required for such applications, little or no additional plan review is required. 6. #8087 Fire: Administrative/Miscellaneous Review Rate Basis: $20.00 per review This fee is to more accurately reflect the cost of providing this service and recover Fire Marshal staff time not currently charged. The fee is for review of administrative, discretionary and similar types or applications, such as subdivision, conditional use, variances, cottage industries and the like. 7. #2153 Construction Permit: Pre -application Review Rate Basis: $150.00 base plus $100.00 per hour after the first 1.5 hours. In general, Pre -application Review meetings are limited to a maximum 1.5 hours (90 minutes). Historically, this affords sufficient time with minor exceptions where individual staff members agree to follow up with applicants at a later time for issues which require additional research. On rare occasions, a complicated project or complicated issue related to a project warrants a longer meeting or extensive additional research by one or more staff members. Such issues may not have been anticipated by the applicant or may have been unanticipated by staff due to inaccurate or incomplete information. The inclusion of an hourly rate, in addition to the base fee, allows staff some flexibility in extending a meeting when conditions allow or continuing additional research. It provides a mechanism for recovering some service costs for such unanticipated additional work. Neither the base fee nor the hourly rate is intended to recover all such cost for this service. 8. #2779 Outside Plan Review Rate Basis: Less 25% of Building Permit Plan Check Fee, UFS #2003, according to the conditions of the Unified Fee Schedule Policy. Whatcom County's workload, as it relates to building permit applications, has historically been subject to fluctuations of undetermined duration due to uncontrollable forces; such as seasonal demand, impacts due to weather, economic booms and downturns, moratoria, and regulatory changes, etc. Such forces may occur simultaneously or overlap and may occasionally be severe. Whatcom County, like other jurisdictions, has limited resources and options to respond to such fluctuations in a timely manner. Work load backlogs occur as a result. Outside Plan Review has been successfully 4 475 utilized by Whatcom County as one mechanism to respond to work load fluctuations resulting in backlogs. However, because the private plans examiner who performs the outside plan review is paid by the applicant there is potential for conflict -of -interest issues therefore the Public Service Inspector must be extra vigilant when performing plan examinations and subsequent reviews on these projects. In addition, the private plans examiner is not as accessible as County staff when problems or questions arise. Therefore, it is recognized, potentially, as less than optimal. The applicant will be notified of the Outside Plan Review (OSR) process at the time of the application submittal appointment. The OSR process will be available to applicants as an option. However, the Building Official with the concurrence of the Director of PDS has the latitude of when to make the option available based on workload. The applicant must request OSR at the time of the application submittal appointment. The application file will be "marked" OSR at that time. However, marking the file is no guarantee, implied or otherwise, that the specific project application or any given project application will be eligible for OSR. Marked application files will only be routed to OSR if the internal backlog for plan reviews exceeds four (4) weeks. To clarify, it is the goal of the Building Services Division to review each plan within a four week or less time frame, starting from the date that the application is determined to be complete and ready for plan review. The time frame goal may be subject to adjustment or modification according to work load, operation and/or management needs of the Building Services Division. The plan review phase is typically the last major review before the application is approved for permit issuance. All other required land use and natural resource reviews applicable to the project must be completed before an application will be routed to OSR. The intent of the discount is to more accurately reflect the cost of providing the service, including not charging applicants for work not performed. The OSR program requires more administrative and follow-up staff time than the Repeat/Reuse Application program, but there is still little or no additional plan review required. Reviewed and Approved: Dennis D. Rhodes, Asst. Director Planning & Development Services Dated: Hai H. Hart, AICP, Director Planning & Development Services MWT WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING SERVICES DIVISION ADDENDUM A CONSTRUCTION FEE SCHEDULE ADDENDUM "PE OFCONSTRUCTION. I---'--'---�:---.'-z VALUE -PEWSWfOOTIP D) �SINGLE FAMILY RESIDENCE: Living Space - All Floors $80.00 Bonus Room - No Fixtures - Upper Floor $30.00 Basement - Unfinished $30.00 GARAGE. Attached $20.00 Detached $15.00 ICARPORT COVERED PORCH/DECK $13.0 UNCOVERED PORCH/DECK $1 0.0j ACCESSORY STORAGE: Wood Frame $15.00 Pole Type $13.00 FARM BUILDINGS: Pole Buildings $15.0C Steel Buildings $17.00 Concrete Block $1 7.00 FIREPLACES: MASONRY Single $1,000.00 Double $1,800.00 GREENHOUSES: Commercial, soft skin $7.00 Commercial, hard skin $20.00 Residential, soft skin $10.00 Residential, hard skin $25.0d MISC. CONSTRUCTION/DOCKS, ETC: Fresh Water Salt Water Floating Docks $8.00 $12.00 Piling Supported Docks $8.00 $12.00 Ramps $8.00 $12.00 Individual Piles $150.00 $200.00 MISC. CONSTRUCTION/ADDITIONS: Sun Room $50.00 Foundations/Retaining Walls (per linear foot) $80.00 477 )BILE HOMES INSTALLATION: Mobile Home Plan Review Fee $100. Single Wide (in Mobile Park) $125. Single Wide (on Residential Lot) $175. Double Wide (in Mobile Park) $175. Double Wide (on Residential Lot) $250. Triple Wide (in Mobile Park) $200. Triple Wide (on Residential Lot) $275. Quadruple Wide (in Mobile Park) $225. Quadruple Wide (on Residential Lot) $300. WHATCOM COUNTY 7 am PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING SERVICES DIVISION ADDENDUM B (EXAMPLE) Square Foot Construction Costs e, Groff (2003 International Building Code) Type o1 Constwedon IA IB IIA 118 ILIA IIIB IV VA VB A-1 Assembly, theaters, with stage 176.86 171.15 166.86 159.97 148.38 147-66 154.79 137.22 132.12 Assembly, theaters, without stage 163.20 157.49 153.22 146,31 134.72 134.00 141.12 123.56 118.45 A-2 Assembly, nightclubs 137.74 133.48 130,10 125.03 118.08 115.77 120.68 106.71 103.11 A-2 Assembly, restaurants, bars, banquet halls_ 136.74 132.48 128.10 124.03 114.08 114.77 119.68 104.71 102.11 A-3 Assembly, churches 163.64 167.92 153.66 146.75 135.13 134.40 141.56 123.97 118.86 A-3 Assembly, general, community halls, libraries, museums 139.33 133.62 128.35 122.44 109.81 110,09 117.26 98.65 94.55 A-4 Assembly, arenas 136.74 132.48 126,10 124.03 114.08 114.77 119.68 104.71 102.11 B Business 140.02 134.95 130.65 124.54 111.53 110.a2 119.78 99.60 95.75 E Educational 149.11 144.06 139.93 133.89 123.37 120.45 129.32 110.19 106.00 F-1 Factory and industrial, moderate hazard 85.02 81.11 76.36 73.96 63,99 64.99 70.93 54.57 51.74 F-2 Factory and Industrial, tow hazard 84.02 80,11 76.36 72.96 63.99 63.99 69.93 54.57 50.74 H-1 High Hazard, explosives 79.75 75.84 72.09 68.68 59.88 59.86 65.66 50A6 N.P. H234 High Hazard 79.75 75.84 72-09 68.68 59.88 59.88 65.66 50.46 46.63 H-5 HPM 140.02 134.95 130.65 124.64 111.53 110.82 119.78 99-60 95.75 1-1 _ Institutional, supervised environment- 138.30 133-69 130.04 124.80 114.56 114.52 123.94 105-39 101.21 1-2 Institutional, incapacitated 233.04 227.97 223.67 217.56 204.05 N.P. 212.80 192.13 N.P. 1-3 Institutional, restrained 159.07 154.00 149.70 143.59 131.82 130.11 138.83 119.69 114.03 1.4 Institutional, day care facilities 138-30 133.59 130.04 124.80 114.56 114.52 123.94 105,39 101.21 M Mercandle 98.32 93.94 89.87 80.45 81.15 85,52 71,08 88.48 R-1 Residential, hotels �102.58 138.69 133.98 130.43 125.19 115.04 115.00 124.42 105.87 101.68 R-2 Residential, multiple family 116.34 111.63 108.08 102.64 92.80 92.76 102.18 83-63 79.45 R-3 Residential, one- and two-tamlly �111.51 108.46 105.79 102.87 98,15 97.91 101.12 93.50 88.03 R4 Residential, care/assisted Itving fac_lllttes 138.30 133.59 130.04 124.80 '114.66 114.52 123.94 105.39 101.21 S-1 Storage. moderate hazard 78.75 74.84 70.09 67.68 57.88 58.88 64.66 48.46 45.63 S-2 Storage, low hazard 77.75 73.84 70.09 66.68 57.88 57.88 63.66 48.46 44.63 U Willy, miscellaneous 59.54 56.30 52.95 50.29 43.72 43.72 46.94 35.89 34.18 1 WHATCOM COUNTY 479 PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING SERVICES DIVISION ADDENDUM C REPEAT PLAN PERMIT APPLICATIONS Thank you for participating in our Repeat Plan Permit program. The intent of this program is to substantially reduce the time necessary to obtain a building permit by eliminating the waiting period in plan review. Since your plans are "pre -approved", they will not be required to go through the normal plan review process (they're already approved!). To help expedite your permit you will need to supply sufficient information for all departments to perform their reviews. INITIAL REPEAT PLAN APPLICATION 1. Make appointment with a Plans Examiner to submit Repeat Plans. 2. Bring 2 complete sets of plans including floor plans and elevations, energy compliance forms and engineering (if required) to appointment. 3. A file will be set up for your Repeat Permit. Every effort will be made to review repeat plans and related information within two weeks of the date submitted. 4. You will be notified by a Plans Examiner when the repeat plans are ready to pick up. The balance of the plan review fee will be paid at this time. 5. You will receive two sets of approved plans, energy compliance forms, and engineering (if required). You will also receive a partially completed permit application form, which is part of your repeat permit. PULLING PERMIT APPLICATIONS OFF REPEAT PLANS When you are ready to pull a permit from your pre -approved repeat plans, you will need to bring the following information to your application appointment: 1. Photocopy of your partially completed repeat permit application form. You will need to fill in the site specific information at the top of the application (parcel number, site address, etc.) and sign the bottom of the application. 2. Two complete copies of your pre -approved repeat plans with all plan review comments and corrections. 11 a:1 3. Two copies of your pre -approved energy compliance forms and engineering calculations (if required). 4. Other applicable documents normally required to apply for a building permit. (See the checklist of required information in the Residential Structures application packet.) All other departmental reviews such as zoning, land disturbance, and Health Dept. will be completed prior to permit issuance. Your construction plans are valid for sites meeting design criteria indicated on plans (i.e. 25 psf snow load region, 1500 psf assumed soil bearing capacity, etc.). If your proposed site conditions do not meet design criteria indicated on plans, plans will not be valid and additional review by this department will be required. Fees are required for additional review. Your repeat plans are valid until the next applicable code changes. At that time, if you wish to re -instate your repeat permit, a supplementary plan review and additional fees ($100.00 minimum) will be required. 10 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING SERVICES DIVISION ADDENDUM D CODE INTERPRETATIONS NUMBER: 2002-01 EFFECTIVE DATE: 2/15/02 REVISION DATE: 01/17/07 SUBJECT: Conditions of discounted plan review fee for Reuse Plans. 2003 International Residential Code (IRC), Sections R106 & CODE: R108. SUBMITTED BY: Wain Harrison RECOMMENDED BY: Sam Ryan APPROVED BY: STATEMENT OF INTERPRETATION: Whatcom County PDS, Building Services Division will discount 50% of the plan review fee for specific individual permit applications on a case -by -case basis, subject to the Building Official's recommendation and concurrence of the Director. A review fee discount will apply for reuse residential plans, based on the current adopted Unified Fee Schedule, subject to the following conditions: 1. The plans in question must have been previously reviewed by Building Services within one year of the date of the current application for the reuse plan submittal. 2. The applicant must provide the most recent previous permit number associated with the reuse plan; submit two clear, ledgible copies of the previously reviewed plan drawings with all the Plans Examiner notes, conditions and labels visible; provide copies of all relevant documents, such as engineer calculations, energy code forms, truss layouttengineering and the like. 11 A 3. The current application for the reuse plan submittal shall have no more than minor, nonstructural changes with no alterations or expansion of the original building footprint. All changes must be clearly indicated on the plan drawings. 4. Engineered reuse plans must be accompanied by a letter from the engineer of record approving the use of the engineering for the specific plans at the new proposed building site. Any proposed changes to the plan drawings, minor or otherwise, must be reviewed and approved in writing by the engineer of record. The written documentation must be stamped and signed by the engineer. Any applications submitted, which do not meet all of the above applicable conditions, will not be considered a reuse plan submittal. The application will be subject to the full plan review fee, based on the current adopted Unified Fee Schedule. 12 am WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-110 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. RJV 1/Z3/07 [ (�� �j �l - :', ;I Ll � �i'_ _.� 2 / 13 / 0 7 Council - Introduction Division Head: JPR I/23/07 2/27/07 Courtc!!— Hearin Dept Head: 2002 Icy Prosecutor: t Wl'A COO COU.,N `Y a 4 Purchasin /Bud el: Executive: TITLE OF DOCUMENT.• Ordinance Regarding Installing Stop Signs on Various Roads within the Development of Bay Crest ATTACHMENTS: I. Memo to County Executive and Council 2. Ordinance 3. Vicinity Map for Development of Bay Crest 4. Map of Sto Si n Locations in the Develo ment of Bay Crest SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a !tearing ? (X ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: January30,2007 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public !tearing, 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.) To comply with R C W 46.61.200 and 47.36.110, it is found necessary and expedient to install traffic control signs on new roads within the Development of Bay Crest. COMMITTEE ACTION: COUNCIL ACTION: 2/13/2007: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wiLuslcouncil. " WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDELL ADMINISTRATOR JOSEPH P. RUTAN, P.E. 4�'OM{`'�4 z� Assistant Director/County Road Engineer k Whatcom County Engineering Services a 5280 Northwest ❑r., Ste C Bellingham WA 98226-9098, (360) 676-6730 Fax: (360) 676-65581 RECEIVED MEMO TO: The Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council JAN 2 6 2007 FROM: Joseph P. Rutan, County Road Engineer/Assistant Director PETE KNEMEN Deane Sandell, Public Works Administrator // COUNTY EXECU W DATE: January 24, 2007 SUBJECT: Ordinance Regarding Installation of Stop Signs in various locations in the Bay Crest Development Requested Action: Recommend adoption of ordinance to install stop signs in various locations within the Development of Bay Crest. Back_ round and Purpose: The County Road Engineer is recommending that stop signs be installed in various locations with the Development of Bay Crest. This recommendation is based upon an analysis proposed traffic flow as per build out of the Development of Bay Crest. Information: This ordinance will allow the installation of stop signs for traffic control that is needed for the new Development of Bay Crest. This ordinance is necessary to comply with RCW 46.61.200 and 47.36.110 to install traffic control signs. Cc: Deane Sandell Enc. Office (360) 676-6730 FAX (360) 676-6558 485 1 2 3 4 5 SPONSORED BY: PROPOSED BY: Public Works - En ineering INTRODUCTION DATE: ORDINANCE NO. AN ORDINANCE REGARDING INSTALLING STOP SIGNS ON VARIOUS ROADS WITHIN THE DEVELOPMENT OF BAY CREST WHEREAS, in compliance with RC 46.61.200 and 47.36.110, it is found necessary and expedient to install traffic control signs on certain County Roads; and WHEREAS, the roads listed below were dedicated to the county as a requirement of subdivision approval for Bay Crest Divisions IA, 113, 2A, 2B, Bay -Crest North Divisions 1, 2, Phases 1-4 and Bay Cest South and WHEREAS, upon completion of the road construction, the County Engineer's office reviewed, inspected, and accepted the roads; and WHEREAS, it was found that the following newly constructed intersections located within new subdivisions should be fitted with a stop sign to help control the traffic. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the following be added to the Whatcom County Code Section 10.18.070 as follows: 10.18.070 Generally. Road Name Direction Cross Street -Stopping Nautical Court SB Lighthouse Drive Starfish Lane NB Lighthouse Drive Lighthouse Drive WB Jackson Road Lighthouse Drive EB Seashell Way Starfish Lane EB Seashell Way Dory Court EB Seashell Way Outrigger Loop NB Seashell Way Outrigger Loop WB Seashell Way Sandcastle Drive SB Seashell Way Sandcastle Drive NB Seashell Way Sole Drive SB Seashell Way Nemo Court SB Seashell Wav Abalone Way WB Seashell Wav Sandcastle Drive EB Clamdigger Drive Abalone Wav EB Clamdigger Drive Halibut Drive WB Clamdig_ger Drive Oyster Court EB Clamdigger Drive Canoe Court EB Clamdigger Drive WTI 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Seashell Way Clamdigger Drive Halibut Drive Rock Crab Drive Rock Crab Drive Sandcastle Drive Bated Bay Road Bay Road Halibut Drive Yellow Fin Court Leeside Drive All of the above stop sign locations are located in township 40, range 1 east, section 31. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to install the appropriate signs and that the Whatcom County Sheriff be notified by a copy of this ordinance. ADOPTED this day of 72007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: Jt Civil Deputy Prosecutor O Approved( ) Denied Pete Kremen, Executive Date: MM ci 1 Q 1U) Q'�on N r N 1 N 0: X� N Q06zZ N ZB8£Z L 69£ L 6KZ N z o A31WA . *am M31A �rnn E N �N N ,a N 'aa W.LS 0Li9zi N 31�13d O�ggZ �► -OMEam vM I -am 0) , •aa MN3M m � r o�sLZ N Lose z E- 0 �Z ML 0*am TMOMMI)l � itBZ y NL£� N N M A � N� Vam 3NWMIS x Z� ova) Z[a O r i Q IIN m .{ DRNE N3lsAS oss Lz ,� Zi9z as NOS)IOW Hoe �N ' o �t dozz •� 4� ' �e NHOH3.UNM 'Id . •aa r .aS izi r TI3S "am ' FF Q F� NH30 N r T m N N 488 Stop Sign Locations in Bay Crest Development TNorth No Scale S Stop Sign Location M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-111 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RJY 1/23/07 U rr� LU 1l E q L� L� ! J 2 / 13 / 0 7 Council - Introduction Division Head: JPR I/23/07 2 27 0 7 Council — Hearing Dept. Head: F" 8 0 6 2007 l laq /07 Prosecutor: y i r t i F`' i Purchasin /Bud et: F-Yeculim: TITLE OF DOCU ENT:• Ordinance regarding establishment of speed limits on certain County roads. ATTACHMENTS: 1. Memo to County Executive and Council 2. Ordinance 3. Vicinity Map for County roads that are in question SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X J Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: January 30,2007 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The County Engineer's office performed a review of certain County roads recently constructed or impacted through development activities, and found that conditions warrant the establishment of 25 miles -per -hour speed limits on said roads. COMMITTEE ACTION: COUNCIL ACTION: 2/13/2007: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.w1zatcom.waus1co,unci1. e WHATCOM COUNTY JOSEPH P. RUTAN, P.E. �-0 00G Assistant Director/County Road Engineer PUBLIC WORKS DEPARTMENT Z�_rr ,y. `-;fir y� Whalcom County Engineering Services DEANE SANDELL 3 'r'`'` r 5260 Northwest Dr., Ste C ADMINISTRATOR �t'-'� . �, Bellingham WA 98226-9098 ya �o (360) 676-6730 Hj?dG Fax: (360) 676-65581 MEMO TO: The Honorable Pete Kremen, County Executive, and RECEIVED Honorable Members of the Whatcom County Council JAN 2 6 2007 FROM: Joseph P. Rutan, County Road Engineer/Assistant Director//- Deane Sandell, Public Works Administrator PEfE KREMEN COUNTY ExECUrIVE DATE: January 24, 2007 SUBJECT: Ordinance Regarding Establishment of speed limits on certain County roads. Requested Action: Recommend adoption of ordinance to change or set a 25 mile -per -hour speed limit on various roads. Background and Purpose: The County Engineer's office performed a review of certain County roads recently constructed or impacted through development activities, and found that conditions warrant the establishment of 25 miles -per -hour speed limits on said roads. Information: This ordinance will allow the establishment of a 25 mile -per -hour speed limit on certain County roads. The ordinance is necessary to comply with RCW 46.61.200 and 47.36.110 to set the proper speed limit for the roads. Cc: Deane Sandell Enc. Office (360) 676-6730 FAX (360 676-6558 491 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SPONSORED BY: PROPOSED BY: Public Works - En ineering INTRODUCTION DATE: ORDINANCE NO. AN ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON CERTAIN COUNTY ROADS WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a review was conducted by the County Engineer's office of the county roads that were dedicated in Chuckanut addition #2, Geneva Hills and Britton Green Plats; and WHEREAS, the roads were reviewed and inspected by the County Engineer's office upon completion and acceptance of the roads; and WHEREAS, the County Road Engineer has determined that it is necessary to formally establish a speed limit for these various roads; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that speed limits be established as follows: 25 mph on Hiline Road for the entire length, Section 30, Township 37 North, Range 03 East, W.M. 25 mph on Geneva Hills Road for the entire length, Section 34, Township 38 North, 03 East, W.M. 25 mph on Britton Circle for the entire length, Section 15, Township 38 North, 03 East, W.M. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. Provisions of this ordinance are hereby added to Whatcom County Code, Section 10.04.03. ADOPTED this day of , 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair A 2 APPROVED AS TO FORM: 4% 5 Civil Deputy Prosecutor () Approved ( ) Denied Pete K.remen, Executive G Date: 493 MA WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-114 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: d1k 01126107 ( ° L C �lU� IKI February 13, 2007 Introduction Division Head,- 2/27/2007 -Hearing Dept. Head- - - C 7 Proseculor: dig 01126107 _ F'a `- 0 6 2007 Purchasing/ dget: U't;I-I.,"'r, 0 101 ! r011 J gg Executive: _b_Q TITL OFD CUMENT. Resolution Approving Grdhi-of itsementforAccess and Utilities On Long- established Trail Across County Property ATTACHMENTS. Resolution Approving Grant of Easement; Map and Survey of County Property and Surrounding Area Where Easement Would Apply SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a !rearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT 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.) Hearing on proposed resolution to grant easement for access and utilities to Wayne Sherwood and his successors, owner(s) of Assessor's Parcel No. 390532 335474 0000, across a portion of County property located adjacent to Marshall Hill Road and identified as Assessor's Parcel No. 390532 354216 0000. COMMITTEE ACTION.- COUNCIL ACTION: 2/13/2007: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing and printing on the County's website at: wwwco.whatcom.wa.us/council. 495 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDELL �. Administrator ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www. whatcomcounty. us DSandell@co.whatcom.wa.us M E M O R A N D U M TO: The Honorable Pete Kremen, Whatcom County Executive and Honorable Members of the Whatcom County Council FROM: Daniel Gibson, Asst. Chief Civil Deputy Prosecuting Attorney RE: Recommendation for Grant of Easement over County Property DATE: January 30, 2007 Enclosed is a draft resolution for authorizing the grant of an easement, proposed and recommended for adoption by the County Council. Background and Purpose The County, among its various property holdings, owns a small parcel of land adjacent to the Marshall Hill Road northeast of Deming. Across a corner of the property, there is a trail for vehicular ingress and egress used by parties who own parcels up the hill from the road. This trail has been in existence for a considerable period of time, apparently even before the County became the owner of the parcel, and is used on a regular basis by the four landowners who need to traverse it to access their property. No formal easement has ever been recorded, so to assure continued access, one of the property owners is requesting a formal grant of easement to access his property. The recommendation of the Property Management Committee, based upon the recommendation of the Public Works Department and upon its own review, is that the applicant be granted a non-exclusive easement across this small portion of County property for the purposes of access and placement of utilities. Funding Amount and Source There is no proposed cost to the County, nor is a charge to the applicant recommended inasmuch as this recommended action can be fairly characterized as the formal recognition of a long-standing easement established by necessity and prescription. Please contact Daniel Gibson at extension 50703, if you have any questions or concerns regarding this matter. RECEIVED FEB 2 - 2007 PETE KFIEMEN COUNTY EXECUTNE M SPONSORED BY: Consent PROPOSED BY: Public Works INTRODUCTION DATE: 01 30 07 RESOLUTION NO. APPROVING THE GRANT OF EASEMENT FOR ACCESS AND UTILITIES OVER LONG- ESTABLISHED TRAIL ACROSS CORNER OF COUNTY -OWNED PROPERTY ADJACENT TO MARSHALL HILL ROAD WHEREAS, the County presently owns a small parcel of property which historically was a gravel pit adjacent to Marshall Hill Road northeast of Deming, designated by Assessor's Parcel No. 390532 354216 0000; and WHEREAS, for many years, apparently also prior to the County's acquisition of said property, adjoining property owners have accessed their property via a trail that crosses a corner of the County's property immediately upon leaving the County road; and WHEREAS, the property owners using this corner of the County's property for access to their own parcels have never obtained a formal written grant of easement or license to so use the County's property; and WHEREAS, access to these various parcels is practically limited to the access route through the County property; and WHEREAS, the County has neither interest nor obligation to maintain the trail in question, hereby disclaims any interest or responsibility in construction or maintenance of the same, and declares that the responsibility for construction and or maintenance of the same lies with those who are benefited thereby; and WHEREAS, the burden upon the County from continued use by others of the trail for access and utility purposes under a formal grant of easement appears to impose no greater practical encumbrance upon the County than has existed since the County's acquisition of its parcel; and WHEREAS, the particular landowner who has submitted the request for a formal grant of easement in this instance is Wayne Sherwood, owner of a parcel designated as Assessor's Parcel No. 390532 335474 0000, who accesses his property via the afore -mentioned trail across the County property; and WHEREAS, Mr. Sherwood has obtained, through a surveyor, a precise legal description of the trail as it crosses County property, which is attached hereto as Exhibit A; and WHEREAS, the Property Management Committee for Whatcom County on January 24, 2007, reviewed Mr. Sherwood's application for a formal grant of easement across the County property and is recommending to this Council that a formal grant of a non-exclusive easement Page 1 497 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 be made to Mr. Sherwood and his successors in interest by the County's execution of a quit claim deed of such easement in favor of Mr. Sherwood; and WHEREAS, this Council has been fully advised in regard to this matter, and having determined that the requested and recommended conveyance of a formal non-exclusive easement for lawful access and utilities is appropriate; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the County Executive and staff working at his direction are hereby requested to effectuate by quit claim deed the granting of a non-exclusive easement to the requesting party for purposes of lawful access and placement of utilities across that portion of County property as described in the attached Exhibit A. ADOPTED this day of February, 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council JA:PR ED A TO FORM' Civil Deputy Prosecutor Page 2 Carl Weimer, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: a•: EXHIBIT A Legal Description Access & Utilities Easement (WHATCOM COUNTY TO SHERWOOD, ET AL;) A thirty foot (30) wide easement for Ingress, Egress & Utilities lying over under and across a portion of an existing road as shown on that Record of Survey Map for Carol E. Metzger recorded under auditor's file number 2010304040, records of Whatcom County, Washington, within the Northwest Quarter of the Southeast Quarter of Section 32, Township 39 North, Range 5 East, W.M., The Centerline of said 30' wide easement described as follows: Commencing at the Northeast Corner of the Southeast Quarter of said Section 32; Thence North 88°51'57" West along the North line of said Southeast Quarter, for a distance of 1,527.71 feet to an iron pipe (PLS#9947) on the westerly line of "Parcel A" as shown on said Record of Survey Map; Thence South 02°38'00" West along said westerly line of "Parcel A" for a distance 67.79 feet to the Northerly line of the "Owen/Raper Gravel Pit" (Parcel #390532 387245) currently owned by Whatcom County; Thence North 79°16'53" East along said Northerly line of the "Owen/Raper Gravel Pit" for a distance of 30.37 feet to the Northeast comer of said "Owen/Raper Gravel Pit"; Thence South 10°43'07" East along the Easterly line of said "Owen/Raper Gravel Pit" for a distance of 50 feet more or less to the centerline of an existing road, being the Point of Beginning for the centerline of herein described Easement; Thence Southwest along said road centerline for a distance of 120 feet more or less to a point on the Northerly right-of-way of Marshall Hill Rd. (County Rd. #289) said point being the terminus of above described centerline. Sidelines of said easement being lengthened or shortened as necessary. Situate in Whatcom County, Washington. SEE ATTACHED EXHIBIT B - SKETCH Basis for above Easement: Record of Survey AF# 2010304040 Prepared by Lary Steele & Associates, Inc. Land Surveyors- 1323 Lincoln St Bellingham WA 98229 360-676-9350 Job #10306 January 15, 2007 TJp4les/sheny/legai110306 Sherwood Access Easement (011507).doc Em "EXHIBIT B" --j Zo c 1, -U Co a N01*51'030E" N z 440.04' (A -4 p ip. LA it rn S02*38'()o"w '(IN MET) O 200 400 SCALE- P = 200' SEE ROS TO SECTION CORNER . .2649.44' - S0.2*49'55"W EXISTING f #201a30Aa ern ._A 1,304.77' 500 EXHIBIT D (Easement Area) LEGEM) LHGAL AESG¢IPTIOPJB, f • al, aa• aar P,_..1 rli hwt D rGb YIVIfK +Cnw Ill wt.om nbcw o. ri ayl1. AND=EDURE6 MOTE, roared w wr u' ECX11PT1ETR +w�srr rR lo-nw,w.w ro ,fin bo � �„� � Cbes '� ,rw ..r•.a ..,re.,I,w, �, `ryQpplq,p ...coe.ra-a ,m.a nuKx ]e�wm m,I�wlrt►.,nt• sS r r Eaowi�ui,w w.. 10' .wwT �nPo www .m oe+o r.Pr r _ eRltoaauwru BASIS GF SEARWIS F t IMetel]' - R72 �7aq 1 raWwP+ RUT flaW. ,a we me�u� :.or M. xerlp, _ �+ti ao -v e.P�r �,i° n wi not to akr *] �� 1� DA918 OF 4` 3ffGTlOt�1 �}114DOWN sA r31 sa P�F ` �. �a� oyQwr.e-ar�un..m f 9c9 wlaual a GEO-MOZ TRUST (1990) � F 4br 34.43 ACKS NOW r� Q D:?'h'a: tit !'iend£R .s TR'u•',T rr• L yl Ji� Ilr. CAROL E. METZGER (1990) t �i F 3D.0I ACRES TO RM g u • NOW : Z r--Li r.',�R.� .4L{OA �RFIICISCO a n� aPA �"d9 aey.]zl tia.r rcy- �u� d sY i arc r°c 'A a I I IN �' 3 70 - $ - Cx,re]] acP ..� .oan].v+ F r O n s 9EVERLY I. L ALIDA A .. T n o Z a ROPER-�SICUAW _ FRANCISCO g 4 o' K 2124 i1=5 TO R/M 20,59 PMES TO RIW ? EA I� N J R � scr 1 ?LA A A Mead In "K m0 F >S ; w A L/3 r..u, _ i p ♦' 5fr'Pr� -riI r�i]lli- 8 m C �• alr ..T -'tiy I -� N del r d r wS y 0- o c. r wm eel' I + � ; M "G. or C V. M arhr� u Pan ti Iip. TIu aT e't pnt� .IK sa 1 Tim. MiLR PLiK Page 9 of 9 501 WHATCOM COUNTY COUNCIL AGENDA BILL No 2006-442 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Je Clral ant �` �� 11 / 21 / 06 Iirtradtrctiart Division Head: 12/5/06 Nat Res/Coup Dept Head: ] s �1 HrrIH.Hur! r { e ? V r 2006 1 09 2007 Work Session Prosecutor: RoyceBuckinghanr44 l l d�- r•q-� -: �` F ?� �"�� 1d.il t—d3 �a:k.rl`P7 G. 0i t1 Cj I L 1/16/2007 at. Res. Prirchasing/Budget: 2/13/2007 Introduction Executive. �{ 3 � I 1G 2 / 27/2007 Public Heari Pete Kremen r TITLE OF DOC MENI': Ordinance amending the official Whatcom County Shoreline Management Program, WCC Title 23; the Official Shoreline Map; and associated provisions of WCC Chapter 16.16 — Critical Areas and WCC Title 20 — Zoning. ATTACHMENTS: (1) Proposed Ordinance (2) Agency Report with Recommended Text and Map Amendments (3) Staff Report and Appendix A (Note: Copies of Appendices l3 and C are on file with the County Council office) Note: Planning Commission Public Hearing Minutes will be forwarded to County Council upon completion SEPA review required? ( X ) Yes { ) NO Should Clerk schedule a hearing? ( ) Yes { Xt ) NO SEPA review completed? ( X ) Yes { ) NO Requested Date: rThe Council must hold a hearing if they want to change the Planning Connnissioir's recoirrnretidation (WCC20.90.051). SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide lire 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) An ordinance amending WCC, Title 23 - Shoreline Management Program; the Official Shoreline Map; associated provisions of WCC, Title 16, Chapter 16.16 - Critical Areas Ordinance; and WCC, Title 20 - Zoning Ordinance. The purpose of the proposed amendments is to update the SMP in accordance with the State Shoreline Guidelines (WAC 173- 26) and other applicable local, State and Federal environmental regulations, clearly define the requirements for applicants proposing activity within shoreline areas, streamline the shoreline development review process, as well as improve consistency and integration with other land use and natural resource policies and regulations. COMMITTEE ACTION: COUNCIL ACTION: 11/21/2006: Introduced 12/5/2006: Amended — McShane scheduled a 12/5/2006: Work session scheduled for work session for January 9, 2007 January 9, 2007 1 /9%2007: Amended and held in committe 1/30/2007: Councilmember McShane reported 1/16/2007: Amendments in Committee. Committee for Natural Resources Committee. The chair will schedule again with Jeff Chalfant Shoreline Management Program will be introduced at next Council meeting. 1/30/2007: Amendments in Committee. Introduce 2/13/2007: Introduced in two weeks then pbLblic hearing in two more weeks Related County Contract #: Related File Numbers: Ordinance or Resolution File #ZON2004-00027 Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: wwiv.co.whatcom.fva.us/courzcil. it 502 SPONSORED BY: PROPOSED BY: PDS INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE, TITLE 23—SHORELINE MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP; AND ASSOCIATED PROVISIONS OF WCC, CHAPTER 16.16 — CRITICAL AREAS AND WCC, TITLE 20 -ZONING ORDINANCE TO UPDATE THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE WASHINGTON STATE SHORELINE GUIDELINES (WAC 173-26) AND OTHER APPLICABLE LOCAL, STATE AND FEDERAL ENVIRONMENTAL REGULATIONS WHEREAS, the Washington State Legislature passed the Shoreline Management Act (SMA) in 1971 requiring counties and cities to adopt and administer local shoreline management programs to carry out the provisions of the Act; and WHEREAS, the Whatcom County Shoreline Management Program (WCC, Title 23 [SMP]) was originally adopted on May 27,1976 and approved by the Department of Ecology on August 27, 1976; and WHEREAS, in 1995 the State Legislature directed the Washington State Department of Ecology to update the Shoreline Management Program Guidelines (WAC 173-26), which serve as the standards and guidance that local governments must follow in drafting local shoreline management programs; and WHEREAS, in December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines (WAC 173-26); and WHEREAS, pursuant to RCW 90.58.080, Whatcom County is required to review and update its existing 1998 Shoreline Management Program to ensure conformance with the required elements of the 2003 Shoreline Guidelines; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non -significance (DNS) for the proposed Whatcom County Shoreline Management Program update on August 25, 2006; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Friday, September 15, 2006; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on Thursday, September 28, 2006 and considered all testimony; and WHEREAS, the Planning Commission held work sessions on the proposed amendments on Thursday, September 28, 2006 and Thursday, October 26, 2006; and WHEREAS, the Planning Commission recommended approval of the proposed amendments Page 1 503 on Thursday, October 26, 2006; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; and WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS OF FACT AND CONCLUSIONS The Washington State Legislature passed the Washington State Shoreline Management Act (RCW 90.58 [SMA]) in June 1971 and it was passed by public initiative in 1972. Under the SMA, each county and city is required to adopt and administer a local shoreline management program to carry out the provisions of the Act. 2. The Shoreline Management Program Guidelines (WAC 173-26) are the standards and guidance that have been adopted by the Department of Ecology that local governments must follow in drafting their local shoreline management programs. 3. The Whatcom County Shoreline Management Program (WCC, Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the Department of Ecology on August 27, 1976. The Shoreline Program has been revised several times since its initial adoption, including updates in 1986, 1993 and 1998. 4. Pursuant to the SMA, at RCW 90.58.050, Whatcom County and the State Department of Ecology share joint authority and responsibility for the administration of the Whatcom County SMP. The Whatcom County Shoreline Management Program has the authority of state law because it is approved and adopted by the Department of Ecology. 5. In 1995, the State Legislature amended the Growth Management Act (RCW 36.70A [GMA]) and the SMA to partially integrate the provisions of the two statutes. The amendments collectively added the goals and policies of the SMA as a fourteenth planning goal underthe GMA and clarified that the goals and policies of an approved SMP shall constitute a shoreline element of the county's Comprehensive Plan (RCW 36.70A.480). The Legislature also directed Ecology to update the State Shoreline Guidelines to ensure consistency with the SMA and GMA. 6. Pursuant to RCW 36.70A.480 and Comprehensive Plan Policy 11 B-8, the goals and policies of the Whatcom County Shoreline Management Program shall be recognized as constituting a shoreline element of the Comprehensive Plan. 7. Legislation passed in 2003 (ESHB 1933) clarified that critical areas within shorelines are to be "designated" under the GMA, but "protected" by the SMP at a level that is "at least equal to" the County's adopted critical areas ordinance. 8. In December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines (WAC 173-26). Page 2 504 9. Pursuant to RCW 90.58.080, Whatcom County is required to review and update its existing 1998 Shoreline Management Program to ensure conformance with the required elements of the 2003 Shoreline Guidelines. 10. Comprehensive Plan Policy 2D-6 states that Whatcom County must "review and update the Whatcom County Shoreline Management Program once the State issues new guidelines. The update should improve the integration of the Shoreline Program with Growth Management in order to provide predictability and consistency in regulation, and eliminate regulatory redundancy". 11. In 2004, Whatcom County initiated the update of the Whatcom County Critical Areas Ordinance (WCC, Chapter 16.16 [CAO]) to serve in part as an integrated critical areas component of the SMP update. 12. In September 2005, the Whatcom County Council adopted an updated CAO, which will regulate critical areas within shoreline jurisdiction in accordance with ESHB 1933. 13. Pursuant to WAC 173-26-201(2)(a), when updating its SMP, Whatcom County is required to identify and assemble the most current, accurate, and complete scientific and technical information applicable to the shoreline issues of concern in Whatcom County. Additionally, pursuant to GMA best available science (BAS) requirements associated with the CAO update, Whatcom County prepared a review and analysis of BAS pertinent to Whatcom County, which is presented in the Whatcom County Shoreline Management Program Update Background Information: Volume 2 — Scientific Literature Review. 14. The Shoreline Guidelines, at WAC 173-26-201(3)(c) and (3)(d), require Whatcom County to document existing shoreline conditions and present a baseline inventory and characterization of ecosystem -wide processes and shoreline ecological functions within Whatcom County. A Shoreline Inventory and Characterization has been developed in association with the SMP update and is a companion background document to the SMP (Volume 1 — Inventory and Characterization Report). 15. The Whatcom County Shoreline Inventory and Characterization Report and the Scientific Literature Review were prepared in consultation with a Technical Advisory Committee and a Citizens Advisory Committee appointed by the County Executive. The information and analyses presented in these documents provide a scientific basis for the proposed SMP update, SMP map amendments and the 2005 CAO. 16. An official Technical Advisory Committee (TAC) consisting of government and agency representatives was formed for the specific purpose of assisting Whatcom County PDS in the review and update of the Whatcom County CAO and SMP. The purpose of the TAC has been to help focus technical discussions, identify and verify sources of best available science, and identify key technical and policy issues that are importantto the many agencies and governments in Whatcom County. 17. The TAC conducted thirty-four open public meetings between July 2004 and May 2006 to review and comment on the 2005 CAO update, draft SMP code and map amendments, as well as the information presented in the draft SMP Update Background Information: Volume 1 — Shoreline Inventory and Characterization Report, Volume 2 — Scientific Literature Review, Volume 3 — Restoration Plan, and Volume 4 — Cumulative Effects Analysis. Page 3 505 18. A Citizens Advisory Committee (CAC) was officially formed for the specific purpose of assisting Whatcom County Planning & Development Services (PDS) in reviewing and updating the Whatcom County Critical Areas Ordinance (CAO) and the Whatcom County Shoreline Management Program (SMP). The purpose of the CAC has been to help focus discussions and identify key technical and policy issues that are important to the many diverse interests and perspectives of stakeholder groups in the county. 19. The CAC conducted forty-three open public meetings between July 2004 and September 2006 to review and comment on the 2005 CAO update, existing 1998 SMP, all of the draft SMP code amendments, the draft Shoreline Area Designation map amendments, as well as draft SMP background documentation. 20. Whatcom County PDS hosted CAOISMP public workshops and expert panel discussions on September 30 and October 6, 2004 to inform interested citizens of the intent, scope, and status of the CAOISMP update processes, as well as obtain preliminary public comments and questions. 21. A Draft Shoreline Management Program was released for public review and comment on June 30, 2006 and the public was invited to submit comments and/or recommend changes within an official 60-day comment period. The official public comment period closed on August 30, 2006. 22. Public workshops were held on July 12, 2006 in the City of Bellingham and on July 13, 2006 in the City of Lynden to introduce and discuss important changes and additions presented in the June 30, 2006 draft Shoreline Management Program. Additional public open houses were held on August 15 and 16, 2006 in Birch Bay and Lake Whatcom respectively. Public comments, questions and concerns received at these events were recorded and addressed in a public comment matrix and in the September 2006 Planning Commission Review Draft SMP. 23. Additional public education and involvement opportunities included the 2004 Birch Bay and Bellingham Marine Shoreline Stewardship Workshops, the 2005 and 2006 Nooksack Recovery Team Annual Salmon Summit, the 2005 and 2006 Whatcom County Home & Garden Show, and the 2005 and 2006 Drayton Harbor Shellfish District Open House events. 24. Whatcom County staff held meetings with and/or gave presentations to several stakeholder groups throughout the SMPICAO update processes, including the Washington Dairy Federation, Washington Farm Bureau, Building Industry Association of Whatcom County, Nooksack Recovery Team (NRT), Whatcom County Association of Realtors, Marine Resources Committee (MRC), Whatcom County Agriculture Advisory Committee, and the Environmental Community. 25. The Whatcom County SEPA Official issued a determination of non -significance under the State Environmental Policy Act on the proposed Whatcom County Shoreline Management Program update on August 25, 2006. 26. Pursuant to RCW 36.70.590, legal notice for a Planning Commission public hearing was published in the Bellingham Herald on Friday, September 15, 2006. 27. The Whatcom County Planning Commission held a public hearing on September 28, 2006 and all testimony was considered. Page 4 506 28. The Whatcom County Comprehensive Plan projects a total population of approximately 72,000 people in unincorporated Whatcom County, excluding UGAs, bytheyear2022, oran increase of approximately 20 percent between 2002 and 2022. As Whatcom County's population increases, associated development activities will continue to create greater challenges for the preservation and protection of Whatcom County's shoreline resources. Without appropriate planning and management, land use activities can create potential impacts that may threaten both shoreline resources and the public welfare. 29. The proposed amendments to WCC Title 23 — Shoreline Management Program, attached as Exhibit 1, are generally consistent with and implement the goals, policies, and requirements of the Washington State Shoreline Management Act, Washington State Growth Management Act, Washington State Shoreline Guidelines, Whatcom County Comprehensive Plan, and County -wide Planning Policies. 30. The proposed amendments to WCC, Title Chapter 16.16 and WCC, Title 20, attached as Exhibit 2, are necessary to maintain regulatory consistency and integration with the SMP. 31. The proposed amendments to the Official Shoreline Map, attached as Exhibit 3, have been applied to the shoreline following review and consideration of multiple factors, including information presented in the Shoreline Management Program Inventory and Characterization, degree of alteration, existing and planned development patterns, policies of the SMA, public ownership, etc., and are generally consistent with the State Shoreline Guidelines, the official Whatcom County Zoning map, and the Whatcom County Comprehensive Plan Map. 32. The proposed goals, objectives, shoreline area designations, policies, regulations, and procedures set forth in this Shoreline Management Program are essential to the protection of the public health, safety and general welfare of the people of Whatcom County. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1: Whatcom County Code, Title 23 — Shoreline Management Program is hereby amended as indicated in Exhibit 1 of this ordinance. Section 2: Whatcom County Code, Title 16, Chapter 16.16 — Critical Areas and Whatcom County Code, Title 20 — Zoning are hereby amended as indicated in Exhibit 2 of this ordinance. Section 3: The Whatcom County Shoreline Management Program: Shorelines of the State map is hereby adopted as indicated in Exhibit 3-A of this ordinance. Section 4: The Official Shoreline Map: Whatcom County Shoreline Area Designations is hereby amended as indicated in Exhibit 3-13 of this ordinance. Section 5: Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. Page 5 507 ADOPTED this day of WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Carl Weimer, Council Chair Clerk of the Council APPROVED as to form () Approved () Denied Civil Deputy Prosecutor Pete Kremen, County Executive Date: Page 6 A complete copy of the Draft Whatcom County Shoreline Management Program Title 23 is available in the County Council Office. 509 2°01- LAH-vL'/I �GOM CO WHATCOM COUNTY 3 �H�'rfA I. ;L� Z-�� PLANNING AND f Director DEVELOPMENT SERVICES 5280 Northwest Drive �gS+v�w�c°� DlSTRI13t1TED Tp Bellingham, WA 98226 FE8 'r WHAT6C) NIL MEMBERS MEMORANDUM (JNT (C0[JNrr, TO: Whatcom County Council �j THROUGH: Hal H. Hart, Director �'�I� FROM: Jeff Chalfant, Natural Resources Supervis DATE: February 13, 2007 v SUBJECT: Proposed Amendments to the January 30, 2007 County Council — Natural Resource Committee Recommended Draft SMP Following the January 30, 2007 Council Natural Resource Committee work session on the October 26, 2006 Planning Commission recommended Draft Shoreline Management Program (SMP), PDS staff has identified additional Draft SMP text amendments to further address public comment submitted to the County Council which warrants further review and consideration. The proposed amendments are identified in the following text by double underline and text. *Note: Official Planning Commission} recommended text amendments are identified by single underline and single strikethFo gh text. WCC Title 23, Whatcom County Shoreline Management Program (SMP) 1) SMP 23.90.03.A Policies (Ecological Protection and Critical Areas) Shoreline use and development should be carried out eGru in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become® worse than the current condition. This means assurinn es no net loss of ecological functions and processes, and protectin�c s critical areas designated in WCC 16.16, in a manner consistent with all (per WAC 173-26-186(8-b-0. Permitted uses shall be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that should be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. 1 of 2 510 2) SMP 23.90.03.E Regulations (Ecological Protection and Critical Areas) - •� � • •- -- �- - • •• • �- • ••. -� • mil! �- •1! • 3) SMP 23.110.N Definitions 5. "No Net Loss"public policy goal means the maintenance of the aggregate total of the County's shoreline ecological functions at its current level of environmental resource prod. As a development and/or mitigation T=he no net loss �d requires that the impacts of a Qariicular shoreline development and/or use, whether permitted or exempt, be identified and prevented or mitigated} such that Aha-5 s no resulting sa t adverse impacts on shoreline ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net loss standard commensurate with the its scale and character ^r On- ^ -� 2 of 2 511 LM aA CL J f E EL N Q co F ti Y Q i d. uD L ,r a di t W S • � tip', I,I °° �^ � .. � � • � � � �.. c Cu r .y*on m INAAHO LU04 .000901 512 Recommended January 30, 2007 EXHIBIT 2 Council Natural Resource Committee Recommended Whatcom County Code Amendments to Implement the Shoreline Management Program (WCC, Title 23) *Council Natural Resource Committee recommended text amendments are identified by double underline and text. **Planning Commission recommended text amendments are identified by single underline and single stFikethmugh text. Whatcom County Critical Areas Ordinance (WCC, Chapter 16.16) 1) 16.16.225 Regulated Activities A.2. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, subject to the provisions for a non -conforming structure pursuant to WCC 20.83. WCC 23.50.079A and WCC 16.16.275. B.3. Alteration is necessary to accommodate an approved shnrclinc ^'a^t water -oriented use and any associated development/activity and/or the development activities listed in SMP 23.90.13.B.7.a when permitted in accordance with the Whatcom County Shoreline Management Program (SMP) where the fa^.',+y provided that such development is operated, located, designed and constructed to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible; or 2) 16.16.230 Exempt Activities The following activities as specified are exempt from the provisions of this chapter: A. Class I, 11, III and IV -Special forest practices conducted in accordance with the applicable standards of the Washington State Forest Practices Act, WAC 222-16, except where either of the following applies: 1. The lands have been or are proposed to be converted under a GGsyercion „ptiG hawest plan to a use other than commercial forest product production as ; or 2. On lands which have been platted after January 1, 1960, as provided in RCW 76.09.050 and RCW 76.09.240. 3) 16.16.285 Penalties and Enforcement C. Within 20 3Q calendar days after the notice is received, the person incurring the penalty may apply in writing to the County for remission or mitigation of such penalty. Upon receipt of the application, the County may remit or mitigate the penalty upon whatever terms the County in its discretion deems proper. The County's final decision on mitigation or revision shall be reviewed by the Hearing Examiner if the aggrieved party files a written appeal therewith of said decision within 10 calendar days of its issuance. Page 1 of 5 513 Recommended January 30, 2007 EXHIBIT 2 4) 16.16.320 Geologically Hazardous Areas — General Standards C. Agricultural activities may be allowed within geologically hazardous areas without a farm conservation plan, except that, a farm conservation plan shall be required for agricultural activities within landslide hazard areas and associated buffers. 5) 16.16.355 Standards — Erosion Hazard Areas G. Stream bank stabilization and shoreline protection may be permitted subiect to all of the following standards: 1 .. Shoreline protection measures located within coastal or riverine erosion areas shall use soft armoring techniques (bioengineering erosion control measures as identified by the State Department of Ecology and the Department of Fish and Wildlife guidance) unless the applicant provides a geotechnical analysis demonstrating that bioengineering approaches will not adequately protect the property_ PFOyided that all of the fell9winn shall apply 24. The armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply from feeder bluffs. 33. The armoring will not adversely affect critical areas including habitat conservation areas or mitigation will be provided to compensate for adverse effects where avoidance is not feasible. 43. The proposal shall comply with WCC Title 23. 54. Hard bank armoring is discouraged and may occur only when Tthe property contains an existinglegally established permanent structure(s) that is in danger from shoreline erosion caused by wave tkW action, waves or riverine processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply. uafd afP4G nn c.h.ell not he used to address nnrmal sloughing, emsien of steep hluffso �. eF &line c�ssinn itself, when pr-esenvetien of eviStinn r* int„tees is not a I+Annelr. 65. The erosion is not being caused by upland conditions, such as the removal of vegetation or human alteration of existing drainage. 76. Nonstructural measures, such as placing or relocating the development further from the shoreline, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. 6) 16.16.720 Habitat Conservation Areas — General Standards L. Instream structures, such as, but not limited to, high flow bypasses, dams, and weirs, shall be allowed only as part of a watershed restoration project as defined pursuant to WCC 23.110.W.1150.33 or identified in watershed planning documents prepared and adopted under RCW 90.82, the Salmonid Recovery Plan or Salmon Recovery Board Habitat Project List, and the County's Shoreline Restoration Plan and upon acquisition of any required state or federal permits. The structure shall be designed to avoid adverse effects on stream flow, water quality, or other habitat functions and values. Page 2 of 5 514 Recommended January 30, 2007 EXHIBIT 2 7) Article 8 — Definitions "Compensatory mitigation" means a project for the purpose of in fsp6swiRg, at an equivalent or greater level, unavoidable critical area and buffer impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation, rehabilitation; and buffer enhancement. 0.1010 "Feasible alternative" means an �YPL=�! Ca IiI•LI��f=iL�� �I��Ii ill Egli•] Itd!l!] *] [+YI+]�ISi��T1t=31tIFEAINIFl �]I -1� .- • 1 - - 1- 1 -1�-� - • 1- •1 • • •- - •l.r - �- !•a� • 1 - 1 Ono -i7oMT@• -1 - •- _ 1 - I WAN condition. This does not include any activities that changes the character, scope, or size of the original structure, facility, utility or improved area beyond the oriaina "Monitoring" means evaluating the impacts of development proposals over time on the biological, hydrological, pedological, and geological elements of sueh ermystems functions and processes, and/or assessing the performance of required mitigation measures through" the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features compared to baseline or are-proiect conditions and/or reference sites, and ineluder, gatheFing baseline dam. "Qualified professional" or "qualified consultant" means a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365- 195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree Page 3 of 5 515 Recommended January 30, 2007 EXHIBIT 2 in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field, and related work experience and meet the following criteria: a: A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and a minimum of fi.„� three 3 years of professional experience in wetland identification and assessment associated with wetland ecology in the Pacific Northwest or comparable systems. b. A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of three(3),fIR years professional experience related to the subject species/habitat type. C. A qualified professional for geologically hazardous areas must be a professional engineering geologist or geotechnical engineer, licensed in the state of Washington. d. A qualified professional for critical aquifer recharge areas means a Washington State licensed hydrogeologist, geologist, or engineer. 4 1 an aet Vity that re the am -gets. and desigp,49W FABRA 1 I 1 AefiW4as that shange the i fill, flood, 1 "Site" means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights -of -way under the applicant'slproponent's ownership or control that is the 8) Appendix C Native Growth Protection Easement Sign Installation Guidelines Type 1 Signs — NOTES: 1) NGPE signs shall be placed no greater than 4W 2QQ feet apart around the perimeter of the NGPE. Minimum placement shall include one Type 1 sign per wetland, and at least one Type 1 sign Type 2 Signs — NOTES: 1) NGPE signs shall be placed no greater than 409 2QQ feet apart around the perimeter of the Native Growth Protection Easement. Minimum placement shall include one Type 1 sign per wetland, and at least one Type 1 sign shall be placed in any lot that borders the Native Growth Protection Easement unless otherwise approved by the County Critical Areas Specialist. Whatcom County Zoning Ordinance MCC, Title 20) 9) 20.97.017 Aquaculture. "Aquaculture" means the farming or culture of food fish, shell fish, or other aquatic plants or animals in fresh or salt water areas and may require development such as fish hatcheries rearing pens, and structures and shellfish rafts, as well as use of natural spawning and Page 4 of 5 516 Recommended January 30, 2007 EXHIBIT 2 rearing areas. The term aquaculture also includes activities related to either growing, handling, or harvesting of aquatic produce, such as fish and crab, including, but not limited to; propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures. Private, non-commercial aquaculture activities that do not require development shall not be subject to the use provisions of WCC, Title 20 and are permitted in all zoning districts when permitted in accordance with the provisions of the Whatcom County Shoreline Management Program (WCC Title 23). Page 5 of 5 517 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007-131 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 2/14107 212712007 Council Originator- LC J P, E L Division Head: Dept. Head: C E' �y �y T B ` U 2007 VV iiRry C�' Prosecutor: Purchasin 1& e. Ezecutivet . 1�- pC Ocf/ TITL OFDOCUMENT: Appointment to the "atcom County Ethics Commission ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes { ) NO Should Clerk schedule a hearing ? { ) Yes { ) NO SEPA review completed? ( ) Yes { ) NO Requested Date: SUMMARYSTATEMENT 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.) County Executive Pete Bremen requests the confirmation of his appointment of Charles Robinson to the Ethics Commission. COMMITTEE ACTION• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wauslcouncih 518 PE'I'IJ KfWMEN M COUNCILMEMEERS: County Executive �Q�GNJti +Q4,y Barbara E. Brenner R EC E I VE [curie i ; Caskey-Schreiber Sam Crawford FEB 12 2007 sc'h oz 9sH�FrG4 DanMrs ane L. Ward Nelson PErE KREMEN Carl Weisner COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Grlbc-55 Cahn fmi0jo Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (x) One ( ) Two ( ) Three Are you a US citizen? (,V) yes ( ) no Are you a registered voter? (X) yes ( ) no Name: C�--AZt ES 6aLkcc)C) 1�c1,31,U3okJ Date: -2Z8�87 Street Address: Ib �6 114,,ll 4&WAzF- .3n 2- City: Zip Code:'�� Mailing Address (if different from street address): Day Telephone: 366 Evening Telephone: 390 - 73y-7�67 Fax Number: 3�0- 73Y,-95 73 E-mail address: 1111e,k,,5 wL Occupation (If retired, please indicate former occupation): Ree�-%13abkSeIle-, Prof essional/Commuunity Activities: Ci�y'r��.vlX r� It-,bbQ-64 � Sr�STareuaGle -"fZusTi°t- W uA&A'&rA /'l�wanaur�,7'�, Z l < P r' � r SroPp 7,/' /�SviFr,cGUJ� s�i�s��%7s :5�1",GTi�d Education: 3 . ; �� 0+��r �S it����o� v:ue t-�[� d'�5--0 y_4j t&) In ed , a .veysETYo� ,,i Qualifications related to position: P a Ito R VS` +�_4 To fea't kit) e-HL�W / r4- 4.ud tor° ll iv'' Describe why you are interested in serving on'this board or commission: ; '(SOA yt 7 �y�rrJi i CN)eSA 11&904UV1Tr rS Abl!)Tk aO hOkA�r- and a Y'e'97DD5ctelMl, 25 LlLe R;-y - CA-A)doAk Do yob or your spouse have a financial interest in or are you an employee or officer of any business or agency. that does business with Whatcom County? W yes ( ) no If yes, please explain: cl rf�i CM COULV 11 6S „4 S6aP laoo[C19.�v�n 0 ter 4acr� �S�a f^et �1�l�rc;5�0k� References (please include name and daytime telephone number): S--"& r-11AR,910- 5`AfpF_L ,360 - `7$6-769$ rva Z g 3-,&PALaA)d 3�O lg4 76M2',. CiZA�� Coles 7l�1--g797 Signature of applicant:" As a candidate to a ooblic board or commission, the above information will be avalllible to 519 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-132 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator SM 2/13107 212712007 Council Division Head: Dept. Head: Prosecutor: Purchasin / d e1 Fxecudve: �L " ^} aC0 0 TITLE OF DOCUMENT.• Appointment ofAndrea MacLennan to the Marine Resources Committee. ATTACHMENTS: Application for Appointment SEPA review required? { ) Yes { ) NO SEPA review completed? { ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT 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.) County Executive Pete Bremen requests the confirmation of his appointment of Andrea MacLennan to the "atcom County Marine Resources Committee. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 520 PETE KREMEN County Executive COUNCILMEMBERS: RECEIVED Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford. JAN 16 2007 Seth M. Fleetwood Dan McShane L. Ward Nelson PETE KREMEN Carl Weimer COUNTY EXECU rVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Marine Resource Committee Which position on this board are you applying for (if applicable)? Citizen. -at -Large, or any opening Which Council district do you reside in? (x) One Are you a US citizen? (x ) yes ( ) no Name: Andrea MacLennan Street Address: 1125 37th Street ( ) Two ( ) Three Are you a registered voter? (x) yes ( ) no Date: January loth, 2007 City: Bellingham Zip Code, 98229 Mailing Address (if different from street address): Day Telephone: 360.927.3050 Evening Telephone: 360.392.0048 Fax Number: 866.260.5430 E-mail address: andrea.maclennan@gmail.com Occupation (If retired, please indicate former occupation): coastal scientist Professional/Community Activities: (Professional) Beach restoration and conservation. (Community) Teach the occasional class on coastal processes, coastal ecology and sea kayaking Education: MS, geography, Natural Resource Conservation and Management. BS, Environmental Science. Qualifications related to position: Environmental professional in Puget Sound since 1999. Have worked extensively in Whatcom County. Have great love and value for people and environment of Whatcom Co. Describe why you are interested in serving on this board or commission: I am interested in serving because this is my home and I care about what happens to our shores, it is also a crucial time in the development of our shores, and in history (sea level rise/climate change). I think I can help! Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? (x) yes ( ) no If yes, please explain: The company I work for, Coastal Geologic Services, has worked for the county. References (please include name and daytime telephone number): Jim Johannessen: 360.647.1845 Professor Andrew Bach, Huxley College: 360.650.4774 Signature of applicant: G' r /PIA4 As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 521 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-113 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Originator: K.Christensen K. Christensen � 2 2/13/07 Introductio Division Head: / 2 8 K. Christensen Ci L_,ti 1 LJ �� 1J U Dept. Head: � r__ �} F:. 9 06 2OU17 Prosecutor: D. Gibson n Pnrclrasing/Budget: B.Bennett i p Ve f �r ti �.r4.JstJ2 Precutive. r—_� TITLE O DOC MENT. J Resolution to schedule a public hearing concerning the establishment of the Birch Bay Watershed and Aquatic Resources Management District ATTACHMENTS. 1} Memorandum 2} Resolution SEPA review required? ( } Yes ( X } NO Should Clerk schedule a hearing ? ( X ) Yes ( } NO SEPA review completed? ( } Yes ( } NO Requested Date: March 13, 2007 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language far use in the reguiredpublic notice. Be specific and cite RC W or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution to schedule a public hearing to be held on March 13, 2007, regarding the establishment of the Birch Bay Watershed and Aquatic Resources Management District as enabled by RCW 86,15.025 County -wide Flood Control Zone District. COMMITTEE ACTION: COUNCIL ACTION: 2/13/2007: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at:svrvw.co.whatcoitt.wa.usleouncil. 522 C:\DO CLIME —I IADMINI 11LOCALS-11TemplXPgrpwiselAgendaBill_Memo_B irchB ay_Resolution-Intro_ 1. doc WHATCOM COUNTY PUBLIC WORKS DEPARTMENT DEANE SANDELL Administrator MEMORANDUM TO: The Honorable Pete Kremen, County Executive and The Honorable Members of the Whatcom County Council FROM: Bruce Roll, Assistant Director Public Works — STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty.us RE: Resolution to Establish the Birch Bay Watershed and Aquatic Resources Management District DATE: January 31, 2007 Background The Birch Bay Community Plan Steering Committee completed a community plan for the Birch Bay Urban Growth Area (UGA) and surrounding area in 2002. This Birch Bay Community Plan (Sub Area Plan) was adopted as a Sub Area of the Whatcom County Comprehensive Plan in 2004. The plan includes the community's vision on accommodating future growth in the area including a recommendation to develop a stormwater plan. On November 80, 2006 the Whatcom County Council adopted the Birch Bay Comprehensive Stormwater Plan. This plan identified a stormwater management area and implementation funding strategy for the Birch Bay Community. The attached resolution will set a public hearing date for the establishment of the Birch Bay Watershed and Aquatic Resources Management District as enabled by RCW 86.15.025 of the County -wide Flood Control Zone District. Upon establishment of the Birch Bay Watershed and Aquatic Resources Management District, a draft assessment roll will be generated for the district. It is anticipated the draft assessment role will be available in August 2007. Currently Public Works is in the process of selecting a contractor for the development of the assessment role. Please contact Bruce Roll or Kirk Christensen at 676-6692, if you have questions regarding this proposal. 523 C:IDOCLTME—IIADMINI—IILOCALS-11TempIGWViewer\AgendaBill_Memo BirchBay_Resolution-Intro.doc SPONSORED BY: PROPOSED BY: Public Works-Stormwater INTRODUCIION DATE: February 13, 2007 1 RE S OLUTION NO. 2 3 A RESOLUTION SCHEDULING A PUBLIC HEARING CONCERNING 4 THE ESTABLISFI ENT OF THE BIRCH BAY WATERSHED AND AQUATIC 5 RESOURCES MANAGEMENT DISTRICT 6 7 WHEREAS, in 2004, the Birch Bay Community Plan Steering Committee completed a 8 community plan for Birch Bay Urban Growth Area (UGA) and surrounding area: and 9 10 WHEREAS, the Birch Bay Community Plan recognized the importance of stormwater 11 management; and 12 13 VvT EREAS, in 2005 the Birch Bay community requested assistance from Whatcom County 14 to create the Birch Bay Comprehensive Stormwater Plan; and 15 16 WHEREAS, in 2006 Whatcom County and the Birch Bay community completed the Birch 17 Bay Comprehensive Stormwater Plan; and 18 19 WHEREAS, the Whatcom County Council approved the Birch Bay Comprehensive 20 Stormwater Plan on November 8, 2006, to address stormwater management issues; and 21 22 WHEREAS, the Birch Bay Comprehensive Stormwater Plan recommends the creation of a 23 stormwater management area and funding strategy; and 24 25 WHEREAS, RCW 86.15.025 authorizes the division of County -wide Flood Control Zone 26 District into separately designated subzones; and 27 28 WHEREAS, a stormwater management area, as enable by the RCW 86.15.025, is needed to 29 address the stormwater funding needs in Birch Bay; and 30 31 WHEREAS, the stormwater management area for Birch Bay is named the Birch Bay 32 Watershed and Aquatic Resources Management District; and 33 34 WHEREAS, it is the intent of the Whatcom County Council and Board of Supervisors of 35 the Flood Control Zone District Subzone to authorize an assessment for the collection of revenue 36 for implementing the Birch Bay Comprehensive Stormwater Plan; and 37 38 WHEREAS a map and legal description of the Birch Bay Watershed and Aquatic Resources 39 Management District is included in this resolution as attachment Exhibit "A". 40 41 NOW, THEREFORE, BE IT RESOLVED by the Flood Control Zone District Board of 42 Supervisors that a Public Hearing to consider the establishment of the Birch Bay Watershed and 524 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Aquatic Resources Management District, as enabled byRCW 86.15.025, will be held on March 13", 2007, at the regular Whatcom County Council meeting. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Deputy Prosecutor 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Page 2 of 2 525 EXHIBIT "A" Birch Bay Watershed and Aquatic Resources Management District as formed under RCW 86.15.025 Boundary Legal Description The Birch Bay Stormwater Management Plan Sub Flood Zone comprises all or portions of Sections 10, 11, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, and 36, Township 40 North, Range 1 West, Sections 1, 2, 3, 10, 11, 12, 13, 14, and 24, Township 39 North, Range 1 West, Sections 2 through 18, 21,22,23, 24, and 28, Township 39 North, Range 1 East, and Sections 19, 20, 29, 30, 31, 32, 33, Township 40 North, Range 1 East, of Willamette Meridian; said Sub Flood Zone boundary more particularly described as follows: (For the purposes of this description Section, Township, and Range may be abbreviated as Section #, T # N., R # E. or W. and abbreviations NE for Northeast, NW for Northwest, SW for Southwest, and SE for Southeast may be used.) Commencing at the point of intersection of the Line of Ordinary High Tide of Semiahmoo Bay with the Southwesterly line of Tract A, Plat of Boundary Ridge in Section 10, T. 40 N., R. 1 W., said point being the True Point of Beginning; Thence Southeasterly along said Southwesterly line of Tract A, and the Southeasterly extension thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence generally Southerly along the centerline of Semiahmoo Parkway 1.5 miles, more or less, to the North -South Center Section Line of Section 14, T. 40 N., R. 1 W.; Thence Northeasterly 750 feet, more or less, to a point 350 feet due South of the most Westerly corner of Lot 65, Saint Andrew's Green Division IV - Phase A; Thence Southeasterly 2000 feet, more or less, to the'/ Section Corner common to Sections 13 and 14, T. 40 N., R. 1 W.; Thence Southeasterly 1360 feet, more or less, to the SE corner of the North 10 acres of the West'/2 of the SW'/ of said Section 13; Thence Southeasterly 2214 feet, more or less, to the SE corner of the West 20 acres of the NW % of the SE'/ of said Section 13; Thence Southeasterly 2380 feet, more or less, to the NE Corner of Section 19, T. 40 N., R. 1 E.; Thence Southeasterly 1000 feet, more or less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of Lot 17, said Plat of Harborview Estates; Thence Southeasterly 500 feet, more or less, to the intersection of the centerlines of Glendale Drive and Bayshore Drive, Plats of said Harborview Estates and Lincoln Green, Division No. 1; Thence Easterly 1015.73 feet along the centerline of said Bayshore Drive to the center of the cul-de-sac at the Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to the NW corner of the SW'/ of the NE'/ of said Section 19; Thence Southeasterly 2820 feet, more or less, to the NW corner of the South 330 feet of the SW'/ of the NW'/ of Section 20, T. 40 N., R. 1 E.; Thence Southeasterly 2750 feet, more or less, to the NE corner of Croft's Short Plat; Thence Easterly 440 feet, more or less, to the NE corner of the SE % of the SW '/ of said Section 20; Thence Southeasterly 1554 feet, more or less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N., R. 1 1 of 5 526 E., 500 feet Westerly of the NE corner of the NW '4 of the NE'4 of said Section 29; 'thence Southwesterly 1554 feet, more or less, to the SW corner of said NW '4 of the NE'4 of said Section 29; Thence Southeasterly'/mile, more or less to the SE corner of Lot 92, plat of Double RR Ranch; Thence Southeasterly 875 feet, more or less, to the NE corner of Lot 46, said Plat of Double RR Ranch; Thence Southerly 700 feet, more or less, to the NE corner of Lot 39, said Plat of Double RR Ranch; Thence Southwesterly 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch; Thence Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double RR Ranch; Thence Southeasterly 962 feet, more or less, to the center of the SE'4 of the SE'4 of said Section 29; Thence Southeasterly 710 feet, more or less, to a point on the North line of Section 32, T. 40 N., R. 1 E. 397 feet Westerly of the NE Corner of said Section 32; Thence Southeasterly 2166 feet, more or less, to the center of the NW'4 of Section 33, T. 40 N., R. 1 E.; Thence Easterly along the East-West centerline of said NW '4 660 feet, more or less to the Northwesterly right-of-way line of the GNRR (BNSF) Spur; Thence Southwesterly one mile, more or less, along said Northwesterly right-of- way line to the Section Line common to said Section 32 and Section 5, T. 39 N., R 1 E.; Thence Southeasterly 1458 feet, more or less to the NW corner of the SW'4 of the NW '4 of the NW '4 of Section 4, T. 39 N., R 1 E.; Thence Southeasterly 1476 feet, more or less, to the NW corner of the SE'4 of the NW'4 of said Section 4; Thence Easterly 1320 feet, more or less, to the NE corner of said SE '4 of the NW '/4; Thence Southeasterly 3300 feet, more or less, to the NE corner of the SE'4 of the NE'4 of the SE'4 of said Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner of Lot 3, Grandview Highlands Short Plat in Section 3, T. 39 N., R 1 E.; Thence East 1320 feet, more or less, to the North -South Center Section Line of said Section 3; Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW '4 of the SW '4 of Section 2, T. 39 N., R 1 E.; Thence Southeasterly 2800 feet, more or less, to the most Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat #2; Thence Southeasterly 1050 feet, more or less, to a point on the East-West Center Section Line of Section 11, T. 39 N., R 1 E., 1 rod Westerly of the NE corner of the NW '/4 of the SE '4 of said Section 11; Thence Southwesterly 677 feet, more or less, to the midpoint of the South line of the North '/2 of the East '/z of the East '/2 of said NW 14 of the SE'4; Thence Southeasterly 841feet, more or less, to a point on the South line of the NE'4 of the SE'4 of said Section 11, 355.71 feet Easterly of the SW corner of said NE'4 of the SE'4; Thence Southeasterly 689 feet, more or less, to a point 105 feet West of the center of the SE'/4 of the SE'4 of said Section 11; Thence East 105 feet to said center of the SE'4 of the SE'4; Thence Southeasterly 933 feet, more or less, to the NE Corner of said Section 13, T. 39 N., R 1 E.; Thence Easterly 240 feet along the North line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner of Lot 2, Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a point on the South line of the West '/z of the NE'/4 of the NW % of said Section 13, 1 rod Westerly of the SE corner of said West'/z; Thence Southeasterly 1483 feet, more or less, to the Center of said Section 13; Thence Southeasterly to the SE corner of Lot 126, Plat of Pacific Highlands Division No. 4; Thence generally Southerly following along the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat; Thence Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I, Thence Southerly along the West line of said Plat 38.51 feet; Thence Southerly 275 feet, more or less, to a point on the South line of said Section 13, 285.5 feet West of the 2 of 5 527 SE corner of the SW'/ of the SE'/ of said Section 13; Thence Southeasterly 1325 feet, more or less, to a point on the South line of the NW'/4 of the NE'! of Section 24, T. 39 N., R 1 E., 165 feet Westerly of the SE corner of said NW'/ of the NE'/; Thence Westerly 495 feet, more or less, along the South line of said NW'/ of the NE'/ to the SW corner of the SE'/ of said NW'/ of the NE'/; Thence Southwesterly to a point on the North -South Center Section Line of said Section 24, 300 feet Southerly of the NE corner of the SE'/4 of the NW'/ of said Section 24; Thence Southwesterly 1063 feet, more or less, to a point on the South line of said SE'/ of the NW'/, 300 feet Westerly of the SE comer of said SE'/ of the NW'/; Thence Northwesterly 1072 feet, more or less, to a point on the West line of said SE'/4 of the NW '/, 330 feet Northerly of the SW corner of said SE'/ of the NW'/; Thence Northerly 990 feet, more or less, along the West line of said SE'/ of the NW'/ to the center of the NW'/ of said Section 24; Thence Northwesterly 738 feet, more or less, to the center of the South'/2 of the NW'/ of the NW'/ of said Section 24; Thence Northwesterly 467 feet, more or less, to a point on the South line of the North'/2 of said NW'/ of the NW'/, 330 feet Easterly of the SW corner of said North'/2; Thence Northwesterly to a point on the North line of said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39 N., R. 1 E., 400 feet Northerly of the SW corner of said Section 13; Thence West 200 feet; Thence Southerly 400 feet, more or less, to a point on the South line of Section 14, T. 39 N., R. 1 E., 200 feet Westerly of the SE corner of said Section 14; Thence Southwesterly 1300 feet, more or less, to the Northeast corner of the SE'/ of the NW '/ of the NE'/ of Section 23, T. 39 N. R. 1 E.; Thence Southerly 660 feet, more of less, to the center of the NE'/ of said Section 23; Thence Northwesterly 1361 feet, more or less, to the Northwest corner of the South 330 feet of the West'/2 of the NW '/ of the NE'/ of said Section 23; "thence Northerly 330 feet, more or less, to the Northwest comer of the SW'/ of said NW'/ of the NE'/; -thence Northwesterly 933 feet, more or less, to the Northwest corner of the NE'/ of the NE'/ of the NW'/ of said Section 23; Thence Westerly 2280 feet, more or less, along Section Line common to said Sections 14 and 23, and Sections 15 and 22, T. 39 N., R 1 E. to a point 300 feet Westerly of the Northeast Corner of said Section 22; Thence Southerly 1980 feet, more or less, parallel with the East line of said Section 22, to the North line of the South 112 of the SE'/4 of the NE'/ of said Section 22; Thence Southwesterly 752 feet, more or less, to the midpoint of the North line of the NE'/ of the SE'/ of said Section 22; Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said NE'/ of the SE'/; Thence Southwesterly 955 feet, more or less, to a point on the West line of said NE'/ of the SE'/ and 300 feet Northerly of the SW comer of said NE'/ of the SE'/; Thence Southwesterly 1063 feet, more or less to a point on the North line of the SW'/4 of the SE '/ 300 feet Easterly of the NW corner of said SW'/4 of the SE'/; Thence Southwesterly 424 feet, more or less, to a point on the West line of said SW'/ of the SE'/ 300 feet Southerly of the NW comer of said SW'/4 of the SE %; Thence Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short Plat; Thence Southwesterly 738 feet, more or less, to the SW comer of Lot A, Lake Terrell Short Plat; Thence Northwesterly 1361 feet, more or less, to the NW corner of the South'/2 of the SW'/ of the SW'/ of said Section 22; Thence West 400 feet; Thence Southwesterly 690 feet, more or less, to a point on the South line of Section 21, T. 39 N., R. 1 E. and 600 feet Westerly of the SE comer of said Section 21; Thence Southwesterly 725 feet, more or 3 of 5 528 less, to a point on the North line of the South'/2 of the NE'/4 of the NE'/ of Section 28, T. 39 N., R. 1 E. and 900 feet Westerly of the East line of said Section 28; Thence Southerly, parallel with the East line of said Section 28, 660 feet, more or less, to the North line of the SE'/4 of the NE'/ of said Section 28; Thence Southeasterly 725 feet, more or less, to a point on the North line of the South '/z of the SE'/4 of the NE'/4 of said Section 28 and 600 feet Westerly of the East line of said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South line of said NE % and 1000 feet Westerly of the East line of said Section 28; Thence Southerly, parallel with the East line of said Section 28, 200 feet; Thence Westerly, parallel with the East-West Center Section Line of said Section 28, 500 feet; Thence Southwesterly 665 feet, more or less, to the midpoint of the East line of the West '/z of the NW'/4 of the SE'/4 of said Section 28; Thence Southwesterly 675 feet, more or less, to a point on the North -South Center Section Line of said Section 28 and 800 feet South of the Center of said Section 28; Thence Northwesterly 1037 feet, more or less, to the Northwest corner of the East '/2 of the NE'/4 of the SW'/4 of said Section 28; Thence Northwesterly 1476 feet, more or less, to the center of the NW '/ of said Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line of said Section 28 and 1245 feet Westerly of the North'/ Corner of said Section 28; Thence Northeasterly % mile, more or less, to the point of intersection of the centerline of Rainbow Road with the East-West centerline of the SW % of Section 21, T. 39 N., R. 1 E.; Thence Northwesterly 0.4 miles, more or less, along said centerline of Rainbow Road to the South line of the North % of the SW '/4 of the NW '/ of said Section 21; Thence Northwesterly 752 feet, more or less, to the midpoint of the North line of the West '/z of said SW'/4 of the NW'/4; Thence Northerly 1320 feet, more or less, parallel with the West line of said Section 21, to North Line of said Section 21; Thence Northeasterly 1650 feet, more or less, to the center of the SW '/ of Section 16, T. 39 N., R. 1 E.; Thence Northeasterly 1361 feet, more or less, to a point on the East-West Center Section Line of said Section 16 and 990 feet Westerly of the Center of said Section 16; Thence Northeasterly 0.4 miles, more or less, to the Southeast corner of Lot 2, Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to a point on the South Line of Section 9, T. 39 N., R. 1 E. and 208 feet Westerly of the SE corner of the SW '/4 of the SE'/4 of the SW '/4 of said Section 9; Thence Northwesterly 1023 feet, more or less, to the midpoint of the North line of the South 330 feet of the North % of the East '/z of the SW '/ of the SW '/4 of said Section 9; Thence Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9; Thence Southwesterly 1650 feet, more or less, to the SW corner of the North 3/4 of the NE'/ of the NE'/4 of Section 17, T. 39 N., R. 1 E.; Thence Southwesterly 1325 feet, more or less, to a point on the North -South Center Section Line of said Section 17 and 1100 Southerly of the North'/4 Corner of said Section 17; Thence Southwesterly 696 feet, more or less, to the midpoint of the South line of the NE % of the NW '/4 of said Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of said NE'/ of the NW '/4 and 1100 feet Southerly of the NW corner of said NE'/4 of the NW'/4; Thence Northwesterly 1354 feet, more or less, to a point on the West Line of said Section 17 and 800 feet Southerly of the NW Corner of said Section 17; Thence Northwesterly 5284 feet, more or less, to a point on the East Line of Section 13, T. 39 N., R. 1 W. and 600 feet Southerly of the NE Corner of said Section 13; Thence Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line of Section 24, T. 39 N., R. 1 W. to the Line of Ordinary High Tide of the Strait 4 of 5 529 of Georgia; Thence generally Northerly, following along the Line of Ordinary High Tide of the Strait of Georgia, Birch Bay, and Semiahmoo Bay, 15 miles, more or less, to the True Point of Beginning. 5 of s 530 IE I ►s1 1