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HomeMy WebLinkAboutPacket Jan 16 2007WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006--442 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Je Chal ant `� nr Vll1 ��, , � [___ ;� � 11 / 21 / 06 haroduction Division Head: 12/5/06 Nat Res/Coup Dept Head: 1 y 1 HaIH.Han p tt J v 4 N06 1 09 2007 Work Session Prosecutor: Royce Buckingham P �t1 r- v:r,�� r�f'�y'flw �a�l ra:ir��] 1 1 Purchasing/Budget: c� p(L��eJJiJa$ #� �1i C I L Executive: Li i0 3 / Pete Krenren t TITLE OF DOC MENh 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 B 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 ( X' ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 'The Corurcil must hold a hearing ifthey want to change the Planning Commission recommendation (WCC 20.90.051). SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (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.) 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 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: www.co.whatcom.wa.us/council. it SPONSORED BY: PROPOSED BY: PDS INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE, TITLE 23—SHORELINE MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP; ANDASSOCIATED 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 2 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 1. 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. Because the Whatcom County Shoreline Management Program is approved and adopted by the Department of Ecology, it has the authority of state law. 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 14ffi planning goal under the 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 3 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 Countyto 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 4 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 CAO/SMP 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 CAO/SMP 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 5 28. The Whatcom County Comprehensive Plan projects a total population of approximately 72,000 people in unincorporated Whatcom County, excluding UGAs, bythe year2022, Oran increase of approximately 20% 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 Official Whatcom County Shoreline Map is hereby amended as indicated in Exhibit 3 of this ordinance. Page 5 6 ADOPTED this ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED as to form Civil Deputy Prosecutor day of , 2006. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON A�+�+r.,,A c Laurie Caskey-Schreiber, Council Chair () Approved ( ) Denied Pete Kremen, County Executive Date: Page 6 7 SHORELINE MANAGEMENT PROGRAM TITLE 23 AND BACKGROUND INFORMATION ,, LOCATED IN AB2006-428 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-467 Clearances Initial Date Date Received In Council Office Agenda Date Assigned To: or; inator.% L7 ra I,0 V 2 $ 200 W u ATC VC U T/ COUNCIL 12/5/06 Introduction Division Head; 1/16/07 Finance/Counci . De !. Head: l l �T.Z�4 tp Prosecutor, Purchasin Bud et: Executive: TITLE OFDOCUMENT. Amending WCC 3.08, Purchasing System. Setting requirements for council/cxecutive approval of contracts resulting from Project Based Budget approval and small works roster. ATTACHMENTS. Ordinance & Memorandum SEPA review required? ( )Fes ( ) NO Should Clerk schedule a Bearing ? () Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: January 16, 2007 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. Amending WCC 3.08, Purchasing System. Setting requirements for council/executive approval of contracts. WCC 3.08.060 Bids and Proposals Requirement — (F) setting requirements for small works roster. WCC 3.08.090 Bid Specifications, deposits, and awards — (N) contract amendments. WCC 3.08.095 Small works roster contract award process. COMMITTEEACTION. COUNCIL ACTION. 12/5/2006: 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: www.co.whatcom.wa.us/council. 9 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director M E M O R A N D U M ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www.wharcomcounty.us )Monsen@co. whatcom. wa.us RECEIVED NOV 2 2 2D06 coi�EREMEE TO: The Honorable Pete Kremen, Whatcom County Executive and Honorable Members of the Whatcom County Council FROM: Jeffrey M. Monsen, RE-^ RE: Amending WCC 3.08, Purchasing System Setting Requirements for Council/Executive Approval of Contracts Resulting from Project Budget Approval and referencing RCW for Small Works Roster DATE: August 25, 2006 This ordinance will accomplish two things: 1) creates the ability for Executive approval of contracts through the project budget ordinance, amending WCC 3.08.090 and 3.08.100, and 2) amends the small works roster contract limits to be as set in state law RCW39.04.155, amending WCC 3.08.060 and 3.08.095 for that purpose. Project Based Budget Contract Authorization: During various times of the year, County Council will approve project based budgets. A Ievel of detail is provided with these budgets. Due to this specific and clearly identified project detail, we request that the authority to enter into contracts associated with this unique project budget be allocated to the County Executive. Small Works Roster: With regard to the Small Works Roster, contract procedures limited Public Works process, presently RCW 39.04.155 allows for the award of a contract for such work with an estimated cost of two hundred thousand dollars or less. We request that the WCC 3.08.060 (F) and 3.08.095 (N) be amended, authorizing the WCC to reference the Washington State RCW 39.04.155 and RCW 36.32.250. At this time, this revision would allow for the County Executive to enter into contracts with contractors selected from the Small Works Roster from the current county code limit of $100,000 to the Washington State RCW limit of $200,000, further facilitating the use of a small works roster for Public Works projects. Please contact Jeff Monsen at extension 50678 if you have any questions or concerns regarding this amendment to the County Code. 10 I INTRODUCED BY: Finance 2 3 PROPOSED BY: Public Works 4 5 DATE INTRODUCED: 6 7 8 ORDINANCE NO. 2006- 9 10 AMENDING WCC 3.08, PURCHASING SYSTEM 11 12 WHEREAS, Whatcom County Code 3.08.060 and 3.08.095 make provisions for award 13 of contracts from a small works roster; and 14 WHEREAS, RCW 39.04.155 provides uniform small works roster provisions to award 15 contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of 16 real property that may be used by state agencies and by any local government that is expressly 17 authorized to use these provisions. These provisions may be used in lieu of other procedures to 18 award contracts for such work with an estimated cost of two hundred thousand dollars 19 ($200,000) or less. The small works roster process includes the limited public works process 20 authorized under subsection (3) of this section and any local government authorized to award 21 contracts using the small works roster process under this section may award contracts using the 22 limited public works process under subsection (3) of this section; and 23 WHEREAS, Whatcom County Code 3.08.090 makes provisions for contract 24 amendments upon the approval of the County Council for an amount not to exceed $10,000 or 25 10% of the original contract amount, whichever is greater; and 26 WHEREAS, Whatcom County Code 3.08.100 currently makes provisions for contract 27 award upon the approval of the County Council for contracts for professional services exceeding 28 $15,000, bids exceeding $35,000 and all real property leases must be submitted to the county 29 council for approval, except when made in the exercise of an option contained in a contract or 30 lease previously approved by the Council; and 31 WHEREAS, the County wishes to achieve greater administrative efficiencies through 32 implementation of project -based budgeting, with approval by the Council of project -based 33 budgets; and 34 WHEREAS, the language attached as Exhibit A should replace the current language 35 contained in WCC 3.08 in order to address this process; and 36 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 37 Whatcom County Code 3.08 is amended to read, in its entirety, as set forth in the attached 38 Exhibit A. 39 40 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Adopted this ATTEST Dana Brown -Davis, Clerk Of The Council APPROVED AS TO FORM day of &Iyla ;� &' Daniel L. Gibson, Date Assistant Chief Deputy Prosecuting Attorney 20_ WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber, Chairperson ( ) APPROVED Pete Kremen, County Executive ( ) VETOED 12 FA Chapter 3.08 PURCHASING SYSTEM 3 Sections: 4 3.08.010 Purpose. 5 3.08.020 Administration. 6 3.08.030 Authority and functions. 7 3.08.040 Price quotations. 8 3.08.050 Deleted. 9 3.08.060 Bids and proposals required. 10 3.08.070 Contractor's bond required for public works. 11 3.08.080 Labor and material claims. 12 3.08.090 Bid specifications, deposits and awards. 13 3.08.095 Small works roster contract award process. 14 3.08.100 Council approval required. 15 3.08.110 Unregistered or unlicensed contractors prohibited. 16 3.08.120 Joint purchasing. 17 3.08.130 Amendments to chapter. 18 3.08.140 Severability. 19 3.08.010 Purpose. 20 It shall be the purpose of this chapter to establish a purchasing system to work 21 with all county departments, agencies, boards and commissions, and other 22 operations of the county to ensure efficiency in procurement of supplies and 23 equipment of the necessary quality at the lowest possible cost; to ensure 24 compliance with purchasing statutes, regulations, policies and procedures; to 25 ensure efficient utilization of county property, new and used; and to minimize 26 employee time devoted to purchasing functions. (Ord. 97-034 Exh. A; Ord. 93- 27 042 Exh. H). 28 3.08.020 Administration. 29 The director of the administrative services department shall have full authority 30 and responsibility for the operation of the purchasing system under the direction 31 of the county executive. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 32 3.08.030 Authority and functions. 33 A. The authority to recommend and implement administrative policies and 34 procedures that provide a comprehensive basis for purchasing functions shall fall 35 under the purview of the purchasing system. 36 B. The following responsibilities shall be coordinated through the purchasing 37 system: 38 1. Continue to improve services to departments and agencies in the area of 39 purchasing. 40 2. Develop automated requisition and reporting systems. 41 3. Improve purchasing productivity and control for all departments. 42 4. Standardize high volume purchases. 43 5. Centralize and execute printing orders from departments. 44 6. Develop efficient policies and procedures for acquiring goods and 45 services. 13 1 7. Implement inventory controls and minimize costs of goods and services. 2 8. Submit an annual report on the status of county -owned inventories. The 3 report may include recommendations for improved standardization and high 4 volume purchasing. 5 9. Prepare and make available to all departments standardized forms for 6 requisitions, vouchers, inventories and any other form required for county 7 operations. 8 10. Assign purchase order numbers for every transaction wherein the 9 county acquires supplies, materials, equipment or contract rights in property or 10 public works. 11 11. Annually publish in a newspaper of general circulation within Whatcom 12 County a notice of the existence of vendor lists. Solicit the names of vendors for 13 the lists. 14 12. Secure telephone and/or written quotations from enough vendors to 15 assure establishment of a competitive price. 16 13. Award contracts for the purchase of materials, equipment or services 17 involving amounts not exceeding $10,000. 18 14. Whenever practical, contact at least three vendors to assure 19 competitive pricing. 20 15. When the amount of any transaction exceeds $10,000, the division, 21 unless otherwise provided by law, shall be responsible for the review and 22 approval of specifications and the preparation of invitations to bid pursuant to 23 provisions set forth in this chapter. 24 16. Bids shall be checked for accuracy and/or compliance with 25 specifications and invitation to bid. 26 17. Make bid recommendations on all bid awards to the county executive. 27 18. Perform such other duties as may be required to further the purposes of 28 this chapter. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 29 3.08.040 Price quotations. 30 Whenever practical, price quotations from at least three vendors shall be 31 solicited for contracts and purchases or leases of supplies, materials or 32 equipment involving amounts not exceeding $10,000 in a single transaction. 33 Records of all quotations obtained shall be maintained and shall be open to 34 public inspection. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 35 3.08.050 Vendor lists. 36 Deleted by Ord. 97-034. (Ord. 93-042 Exh. H). 37 3.08.060 Bids and proposals required. 38 Bids or proposals must be submitted in response to specifications and 39 invitations to bid for all contracts and purchases or leases of supplies, materials 40 or equipment involving funds of $10,000 or more except as follows: 41 A. Professional consulting services of $10,000 or more shall be made upon a 42 call for bids, proposals, or statements of qualification, except in the case of an 43 emergency declared by the county executive, or when the acquisition of such 44 services is from another public entity, or when the county council, upon 45 recommendation of the county executive, finds that a waiver of the bid 46 requirement will be in the best interest of Whatcom County. "Professional 47 consulting services" includes, but is not limited to, services from lawyers, 48 architects, engineers, labor relations consultants, and computer specialists. 14 I B. In regard to contracts with architectural and engineering services, this 2 section shall supplement the provisions of Chapter 39.80 RCW and not be in lieu 3 thereof. 4 C. Repairs for less than $20,000 on equipment necessary to complete a 5 project and intergovernmental transfers of property shall not be required to go 6 through competitive bidding. However, should either the repair or the property 7 transfer be for $25,000 or more, it shall require council approval. 8 D. Sole source purchases shall not be required to go through competitive 9 bidding. A purchase may be determined to be sole source by the county 10 executive or designee when the bidding process would be futile because only 11 one bidder could respond to the invitation. 12 E. In the event of an emergency when the public interest or property of the 13 county would suffer material injury or damage by delay, upon an order of the 14 county executive declaring the existence of such emergency and reciting the 15 facts constituting same, the requirements governing competitive bids with 16 reference to any purchase or contract may be waived pursuant to RCW 17 36.32.270. 18 F. Public works projects involving funds not exceeding the amount allowed in 19 RCW 39.04.155, Small Works Roster Contract procedures, or any successor 20 statute, may be completed utilizing the small works roster 21 contract award process. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 22 3.08.070 Contractor's bond required for public works. 23 A. The county shall require from a successful bidder a contractor's bond in the 24 amount and with the conditions imposed by law. 25 B. On contracts of $25,000 or less, Whatcom County may, where 50 percent of 26 the contract amount is retained for a period of 30 days after date of final 27 acceptance (providing all necessary releases from the tax commission and the 28 Department of Labor and Industries have been received) dispense with the 29 requirement of a contractor's bond, as permitted by state law. 30 C. When required, the contractor's bond shall be a good and sufficient bond, 31 with two or more sureties, or with a surety company duly and currently licensed 32 to engage in surety bonding business in the state of Washington. Such bond 33 shall conform to RCW 39.08.010. 34 D. The contractor's bond shall be payable to the county of Whatcom, state of 35 Washington. The conditions of the contractor's bond shall include: 36 1. The faithful performance of the contract; and 37 2. The faithful payment of all laborers, mechanics, subcontractors, 38 materialmen, and persons who supply such laborers, mechanics, subcontractors, 39 or materialmen with provisions and supplies for carrying on such work. 40 E. The contractor's bond is to be approved and filed with the original contract 41 document within 10 days (exclusive of the date of notice) after notice of award. 42 (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 43 3.08.080 Labor and material claims. 44 A. Notice Required to Create Lien Against Retainage. Every person performing 45 labor or furnishing supplies toward the completion of a contract for public 46 improvements or work by the county other than for professional services shall 47 have a lien upon the retainage reserved; provided, such notice of the lien of such 48 claimant has been given in the manner and within the time provided in RCW 49 39.08.030 through 39.08.060 as now existing and in accordance with any 50 amendments that may be made thereto. 15 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 51 52 B. Special Notice Required for Suppliers to Bind Retainage. Every laborer, mechanic, subcontractor, materialman and person who supplies such persons with provisions and supplies for carrying on contract work for the county shall have a right of action against the contractor's bond; provided, that within 45 days from and after the completion of the contract with an acceptance of the work by the affirmative action of the county council, county executive, county engineer, or other officer acting for the county, the lien claimant, or person claiming to be entitled to a lien, present to and file with the county a notice of claim of lien in compliance with the requirements of RCW 39.08.030 and 60.28.011. C. Special Provision of Claims Not Timely Filed. Whenever the county has entered into a contract for the construction of any public improvement for the benefit of the county, whereby the contractor agreed to furnish all labor, material and supplies necessary for the improvement, and the contractor has proceeded with such improvement and procured from other persons labor, material, or supplies and used the same in the construction of the improvement, but has failed to pay such persons therefor, and such persons have filed claims therefor against the county, and the claims have been audited in the manner provided by law and found to be just claims against the county, and valid obligations of the county except for the fact that they were not filed within the time provided by law, the county council may provide funds sufficient therefor, and cause the payment of such claims in the manner provided by law for the payment of valid claims against the county. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.090 Bid specifications, deposits and awards. A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure that a variety of vendors shall be capable of fulfilling the stated requirements of the county. Performance considerations shall be included in the specifications. However, nothing in this section shall be construed to limit the county from pursuing sole source procurement where adequate justification has been presented that such procurement is in the best interests of county operations. B. When the amount of any contract, purchase or lease exceeds $10,000, the administrative services department shall be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter. C. No warrants shall be issued for the purchase or lease of capital outlay equipment (nor a lease period extended or purchase -option exercised) unless authorized by the director of the administrative services department or designee. D. All bid specifications for public works, leases, or purchases prepared under the provisions of this chapter shall be in writing and placed on file for public inspection. E. An advertisement that written specifications are on file and available for public inspection shall be published in the official county newspaper. Advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received and may be published for as many additional publications as shall be considered in the county's interest. Such advertisement shall state: 1. The date after which bids will not be received; 2. The character of the work to be done, or the materials, equipment or service to be purchased; and 3. Where the specifications may be seen. F. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's 16 I check, or certified check in an amount equal to five percent of the amount of the 2 bid proposed. 3 G. Should the bidder to whom the contract is awarded fail to enter into the 4 contract or fail to furnish the contractor's bond within 10 days (exclusive of the 5 date of notice) after notice of the award, the amount of the bid deposit shall be 6 forfeited to the county. Thereafter, the award shall be made to the next lowest 7 responsive bidder. The bid deposit of an unsuccessful bidder (if his bid deposit 8 has not been forfeited) shall be returned after the required contractor's bond of 9 the successful bidder has been accepted. 10 H. Bids received shall be opened and read in public on the date named in the 11 advertisement for bids, or to such an adjourned time as may then be publicly 12 announced. 13 I. After opening, all bids shall be reviewed and referred to the requisitioning 14 department for recommendation of award. Bids will be forwarded by the director 15 of the administrative services department or designee with a recommendation to 16 the county executive for award. 17 J. After opening and award, all bids shall be filed for public inspection, and 18 available by telephone inquiry. 19 K. Any or all bids may be rejected for good cause. If all bids are not rejected, 20 the award shall be to the lowest responsive bidder. In determining which is the 21 lowest responsive bidder, the county may take into consideration the bidder's 22 responsiveness to the county's requirements, the quality of the articles to be 23 purchased or leased, availability of parts and service, delivery time, the tax 24 revenue the county would receive from purchasing from a supplier located within 25 its boundaries and prior dealings with the bidder. 26 L. The county may issue requests for proposals for services, or for 27 technologically complex equipment including but not limited to computers, 28 software, or telephone systems. If all proposals are not rejected, the award shall 29 be to the highest rated proposal, talking into account the selection criteria 30 published in the request for proposals. 31 M. The county may award to multiple bidders for the same commodity or 32 service when the bid specifications provide for special circumstances in the 33 determination of which vendor is truly the lowest price to the county. Special 34 circumstances may include differences in ability to deliver, delivery time, 35 availability of material, special loading or unloading conditions, total cost 36 including transport or labor if not included with bid item, performance of the 37 delivered material, location of the source, and proximity to the delivery point. 38 N. Contracts entered into by the county may be administratively amended to a 39 cumulative amount not to exceed $10,000 or 10 percent of the original contract, 40 whichever is greater; larger amounts require council approval unless a project 41 budget has been approved by council for which a contract was enacted, in which 42 case the contract amendment may be approved by the county executive. 43 Amendments to existing contracts which involve externally funded pass -through 44 moneys may be approved by the county executive without council approval in 45 any amount. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 46 3.08.095 Small works roster contract award process. 47 This section may be utilized in the acquisition of contractual services 48 necessary to complete public works projects with an esci.,,.,ted- a-Pl„a of leer, tha; 49 $190,000. Aas allowed under RCW 36.32.250, and consistent with RCW 50 39.04.155, in order to use a small works roster contract award process in lieu of 51 formal sealed bidding, the county shall: 17 I A. Publish at least twice each year in the official county newspaper a notice of 2 the existence of the roster and solicit the names of contractors that are qualified 3 for the requested categories of work. Notice shall be published at least once in 4 each week for two consecutive weeks prior to the last date upon which response 5 to the notice will be received, and may be published for as many additional 6 publications as shall be considered in the county's interest. 7 B. In every case a certain category of work is to be accomplished under this 8 section, all contractors responding to the above notice and indicating their 9 qualification to perform the category of work proposed shall be contacted and 10 provided an invitation to bid. 11 C. Include in the invitation to bid the date on which bids will be received, the 12 scope and nature of work to be performed, the materials and equipment to be 13 furnished, and, if not provided otherwise in the invitation to bid, where the 14 detailed plans and specifications may be seen and obtained. 15 D. Otherwise apply the provisions of WCC 3.08.090, subsections B, D, F, G, 16 H, I, J, K, and N. 17 E. Forgo the advertisement of a contract awarded through use of the small 18 works roster. (Ord. 97-034 Exh. A). 19 3.08.100 Council approval required. 20 Contracts for professional services exceeding $15,000, bids exceeding 21 $35,000 and all real property leases must be submitted to the county council for 22 approval, except when made: 23 A. A. —In the exercise of an option contained in a contract or lease previously 24 approved by the council; 25 B. -0-FIn furtherance of a project and pursuant to a protect budget approved 26 by council: or 27 RC. Pursuant to, and within the scope of a declaration of emergency made by 28 the county executive under either WCC 3.08.060(A) or (E). The county executive, 29 pursuant to a declaration of emergency, shall submit the contract to the county 30 council for informational purposes a the council's next regular or special meeting. 31 (Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord. 93-042 Exh. H). 32 3.08.110 Unregistered or unlicensed contractors prohibited. 33 No contract shall be entered into or executed with any contractor who is not 34 registered or licensed as required by the laws of this state (except only as 35 permitted under RCW 39.06.010 for highway projects for contractors who have 36 been prequalified as required under RCW 47.28.070). (Ord. 97-034 Exh. A; Ord. 37 93-042 Exh. H). 38 3.08.120 Joint purchasing. 39 The county may enter into agreements with the state or with any agency, 40 political subdivision, or unit of local government to purchase goods or services 41 cooperatively. Joint purchasing services are hereby authorized and encouraged 42 with any other municipal corporation in Whatcom County. Assistance to the 43 participating municipal corporation may be given in any way except that a sale or 44 contract shall be between the vendor and the participating municipal corporation 45 and not Whatcom County. Bids and quotes may be obtained jointly based on 46 volume if it is in the county's best interest to do so. (Ord. 97-034 Exh. A; Ord. 93- 47 042 Exh. H). 48 3.08.130 Amendments to chapter. in I The county council reserves the exclusive right to alter, amend, rescind, 2 abrogate, delete, supersede or replace the provisions of this chapter or any part 3 thereof, in any manner not inconsistent with state law. Whether or not the county 4 council takes action, the provisions of this chapter shall be deemed automatically 5 altered, amended, or superseded to conform to any mandatory state 6 administrative ruling or statute, as of the effective date of any such enactment 7 appertaining to the matters covered in this chapter, to the effect that the 8 provisions of this chapter shall at all times conform to, and never conflict with, 9 said state laws and regulations. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 10 3.08.140 Severability. 11 If any provision of this chapter is held to be invalid, the remainder of the 12 chapter shall remain in effect. (Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 13 19 `YHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-440 CLEARANCES Initial Date Date Received in Council O ce Agenda Date Assigned to. Originator: Executive 14 4 L `� 1�1�1 �°h !r ^�� 4r1, f!` 9 l>CM f✓0 u i i COUNCIL 11121106 Introduction Division Head: 12/5/06 Hearin Dept Head: Prosecutor Purchasing/Budget: V �� Executive: Il l3 SUBJECT. Adoption of Ordinance authorizing the 2007 Natcom County Unified Fee Schedule. ATTACHMENTS: Proposed Ordinance, Exhibit A — Unified Fee Schedule SEPA review required? ( } Yes { x )NO SEPA review completed? { } Yes ( ) NO Should Clerk schedule a hearing ? ( } Yes ( X } NO Requested Date: SUMMARYSTATEMENT: This proposed ordinance authorizes the 2007 Unified Fee Schedule. Distribution Request Indicote those who should receive a copy offer Council action. List specific names to the right. ADS Facilities Management ADS Finance Brad Bennett, Gaile McGregor ADSlluman Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Dewey Desler, Lori Daddio Health Hearing ,Examiner Jail COUNCIL ACTION TAKEN. 11/21/2006: Fntroddced 12/05/2006: Removed from 12/5/06 agenda. Work sessions on Unified Fee scheduled in January 2007 and Public Hearing in February Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 20 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: November 21, 2006 ORDINANCE NO. AN ORDINANCE ADOPTING THE 2007 WHATCOM COUNTY UNIFIED FEE SCHEDULE WHEREAS, this ordinance centralizes the listing of fees charged by Whatcom 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 Whatcom County Unified Fee Schedule is hereby adopted as of January 1, 2007, as detailed in Exhibit A to this ordinance. 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 ATTEST: Dana Brown -Davis, Council Clerk APPR ED as to fo� Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber, Chair () Approved () Denied Pete K.remen, Executive Date: 21 O %I L7■ O _ m a 0 Lq 09 L7■ Lim 0 aa E `o m QQQ�yyy111+ c 00 E� 0 i C J 0 z C C U Y 7 m a m 0 L C 0 T fa fa= } 7 0 7O = v C U U 5 U J m Y m (4 U m CD C CM C G C (0)) C a E H g J a E H C o y a E H C 0 N a E H C o N a 0 E E H N 1 T,o 0 gm W U o 0 0 0 o c cu00000� U m m Yl D) m m O m p_ nE `0 of m 0 C a� W a� a O O LO ta m m L U 0 z 0 T - ORm o E d Q LU nE 0, m aa� 0 O LO m U U b m N m O Qn E `o a) ti m 60 E a0 O 0 0 its m C L U 0 z 0 a .- 0 m m � ymy ob 5 a � O E:a LU wE rn m a a m 0 0 0 69 C 15 a N v U . j 0 N C co E z va Gf a m E U 0 G] ■ IA C OS r- ca Q. 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De Head: Y� 1,13" i�r`t �4Ld S Tel fl Prosecutor: Purchasing/8 et 1//05/07r}'.f"'VU Executive: 1j, TITLE OF r)()r-1JMENT. Award of Bid #06-122, Traffic Control Signs ATTACHMENTS. Memos from Finance and the 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 clear in explaining the intent of the action.) Public Works Equipment Rental Division requesting approval to award bid 06-122 for the annual supply of traffic control signs. One bid was received and Public Works is requesting approval to award to the only bidder, Zumar Industries, Inc. in the approximate amount of $130,595.71. Purchases are based on need and the bid was based on average usage. This bid allows for up to 3 renewals upon mutual agreement: This is a regular planned purchase and funds exist 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. ii 55 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: 5 January 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Bid Award 06-122, Traffic Control Signs FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETr Manager BACKGROUND Bids were duly advertised for the annual supply of traffic control signs. One bid received on Tuesday December 27, 2006. The prices are noted below. Description Zumar Industries, Inc. Super Engineer Grade Signs 33,121.25 Engineering Grade Aluminum Blanks 7,915.50 Microprismatic Retroreflective 24,662.75 Engineer Grade Aluminum Sign Blanks 2,050.00 Super Engineering Grade Alu Sign Blanks 40,662.75 Telespar Square Tube Sign Post System 12,064.00 Subtotal 120,475.75 Tax 8.4% 10,119.96 Total 130,595.71 Public Works feels that this bid is of good value and is requesting approval to award the bid to Zumar Industries, Inc. in the approximate amount of $130,595.71. The bid allows for up to three one-year extensions. The actual expenditure total may vary in either direction as purchases are based on need and the bid was based on average usage. FUNDING This is a regular planned purchase and funds were in approved the current budget. recommend approval. Brad Bennett, Admin. Services Finance Manager County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents 56 (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director QSNINGtp MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlehuber, PW Equipment Sermcep Manage(g)Jeffrey M. Monsen, PW Director , RE: Bid 06-122, Annual Supply of Traffic Control Signs DATE: January 3, 2007 ■ Requested Action I am requesting Council approval to purchase traffic control signs from the sole responsive bidder, Zumar Industries, Inc., in the estimated amount of $130,595.71. ■ Background and Purpose Bids were duly advertised for the annual supply of traffic control signs. The Public Works Maintenance and _Operations Division of the Public Works Department uses these materials regularly to maintain safety on our county roads and to comply with state regulations regarding traffic control. This agreement is a result of the bidding process in 2006, for the purposes of providing traffic control signs to be used on the county roads. . .. ...... ------------ - Super Engineer Grade Aluminum Signs $ 33,121.25 Engineering Grade Aluminum Blanks $ 7,915.50 Microprismatic Retroreflective HP 6500 $ 24,662.25 Engineer -Grade Plywood Signs $ 2,050.00 Super Engineering Grade Aluminum Sign Blanks $ 40,662.75 Teles par Square Tube Sign Post System $ 12,064.00 Subtotal $ 120,475.75 Sales Tax 8.4% $ 10,119.96 TOTAL $ 130,695.71 ■ Funding Amount and Source These are regularly budgeted expenditures for traffic control signs, which are used on an annual basis as needed and have been budgeted during the 2007-2008 Budget process. This also includes the option of recycling used signs at the rate of $0.3711b with Zumar to be credited towards the purchase of new signs. ■ New Contract Special Conditions - This is a new agreement, which will be for the period of one year from January 1, 2007 through December 31, 2007, as stated in the bid documents. Prices quoted are to be considered firm d,prgri this period and are estimated based on prior usage. Actual totals may be slightly higher or lower. This agreement may be extended for up to three one- year periods, for a total of four (4) years on this agreement, by mutual agreement of both parties at least thirty days prior to expiration. Please forward to the Executive and the Whatcom County Council for approval at the January 16, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 57 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-035 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 1/05/07 r a �'1 _ r,-,, li lS E I i 3.1i 1/16/06 Finance/Coup Division Head: DIN 9 — 2007 �tiHPkrC0N' C0LINITY Dept Head., Prosecutor. /� Purchasin : Budg 15% 1 //05/07 Executive: , A' TITLE OP DOCUMENT. Award of Bid ##06-130, ADS N-12 Culvert ATTACHMENTS: Memos from Finance and the 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 STA TEMENT 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 RC W or WCC as appropriate. Be clear in explaining the intent of the action.) 1510 Public Works Equipment Rental Division req� uesting approval to award bid 06-9 for the annual supply of ADS N-12 Culvert. Two bids were received and Public Works is requesting approval to award to the low bidder, Hardware Sales, Inc. in the amount of $81,646.05. This is a regular planned purchase and funds exist 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. ii 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: 5 January 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Bid Award 06-130, ADS N-12 Culvert FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager BACKGROUND Bids were duly advertised for the annual supply of ADS N-12 Culvert. Two bids were- received on Tuesday December 27, 2006. The prices are noted below. Description HD Fowler Hardware Sales Double Walled Smooth Int & Corrugated Ext 69,554.80 69,347.60 Double Walled Smooth Int & Perforated Ext 2,560.00 2,550.00 ADS N-12 Band 4,008.54 3,421.63 Subtotal 76,123.34 75, 319.23 Tax 6,394.36 6,326.82 Total 82,517.701 $81,646,05 Public Works is requesting approval to award to the low bidder, Hardware Sales in the amount of $81,646.05. FUNDING This is a regular planned purchase and funds were in approved the current budget. recommend approval. Brad Bennett, Admin. Services Finance Manager County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 59 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director MEMORANDUM EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeffrey M. Monsen, PW Director RE: Bid 06-130, Supply of ADS N-12 Culvert DATE: January 2, 2007 ■ Requested Action I am requesting Council approval to purchase ADS N-12 culvert from the lowest responsive bidder, Hardware Sales, Inc., in the amount of $81,646.05. a Background and Purpose Bids were duly advertised for the annual supply of ADS N-12 culvert. The Public Works Maintenance and Operations Division of the Public Works Department will use the ADS N-12 culvert in the maintenance and repair of various county drainage projects. Two bids were received Tuesday, December 27, 2006. Below is the bid tabulation of the lowest bid response received for the ADS N-12 culvert. Double --Walled Smooth Interior & Corrugated Exterior $ 69,347.60. $ 5,825.20 $ 75,172.80 Double Walled Smooth Interior & Perforated Exterior $ 2,550.00 $ 214.20 $ 2,764.20 ADS N-12 Band $ 3,421.63 $ 287.42 $ 3,709.05 TOTAL $ 76,319.23 $ 6,366.82 $ 81,646.05 ■ Funding Amount and Source These are regularly budgeted expenditures for material, which are used on an annual basis as needed and have been budgeted during the 2007-2008 Budget process. Please forward to the Executive and the Whatcom County Council for approval at the January 16, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 00 WHA TCOM COUNTY COUNCIL AGENDA BILL NO.. 2007-036 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 1/05/07 1/16/07 Finance/Coup Division Head., 1 114 9 ru 0 7 W I IATC 0 MI C 0 U N IFY De Head., Prosecutor., Purchasinglgfjdge'� 1/05/07 0 D U f"!, 0 i I— Executive.j (7 !) TITLE OF 0OCUMENT. Approval to Purchase the Annual Supply of Lignosite 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 ( ) NO Requested Date: SUMMARY S TA TEMENT OR LEGAL NOTICE LA NGUA GE., (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 RCWor WCC as appropriate. Be clear in explaining the intent of the action.) Public Works ER&R is requesting approval to purchase to their annual supply of lignosite for dust control on county roads. The vendor is Meenderinck, LLC, a sole source for this product. The total expenditure is approximately $70,000.00 based on need. This is a regularly budgeted expenditure and funds were approved 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.us1council. dl 61 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bel[ingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director 5 January 2007 3�P�Gora �oG�� QSNI Ni TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: 2007 Lignosite Usage ■ Background FINANCEIACCOUNTIiNG Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Annually, Public Works purchases lignosite for dust control on county roads. The product is purchased on an as needed basis and Meenderinck, LLC is currently the sole source supplier for this product. The product is hauled to Whatcom County from a plant in California, and it must be stored in heated tanks. Currently, Meenderinck LLC is the only local vendor with the required storage capabilities. Public Works is requesting approval to purchase lignosite from Meenderinck LLC as needed, not to exceed $70,000. In 2006, $70,000 had been requested and the total expenditure was $47,945.00. The price per ton is as follows: Price when picked up at the Nooksack Plant $ 104.00 per ton (5% increase) Price when delivered to Central Shop $ 175.00 per ton (5% increase) = Funding This is a regularly budgeted item, and funds for this purchase were approved in the current budget. I recommend approval. cl:�� - Admin Servi s Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 . (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 62 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director MEMORANDUM TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlehuber, PW Equipment Services Manag<g) Jeffrey M. Monsen, PW Director RE: Lignosite 1 Dust Control Purchase DATE: January 2, 2007 EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380.8115 Eric L. Schlehuber, Division Manager ■ Requested Action Approval is requested to purchase Lignosite (dust control material) during 2007 for the Public Works Maintenance & Operations Division in the amount of $70,000.00 from Curt Meenderinck, LLC of Nooksack, who is currently a sole source supplier of this product. ■ Background and Purpose After researching the availability of lignon (previously declared as sole source in prior years) and due to the change in 2005 in not being able to store this material in a heated tank at the Central Shop, we have located only one vendor that provides this product locally. Public Works Maintenance and Operations Division purchases approximately $70,000 annually of this product. Bell Marine from California is the supplier of this product to Curt Meenderinck, LLC of Nooksack who has the necessary heated storage tank(s) to keep this product. All other attempts in locating a vendor closer to Washington than California (including BC, Canada) and that have heated storage tank facilities have failed. I accordingly_ request the purchase of lignosite to be declared "sole source". Lignosite (dust control material) is used on gravel roads to minimize dust and debris during the dry season on county roadways. This material is a byproduct of pulp production, which is distributed by truck and tanker onto gravel roads. The Maintenance & Operations Division of the Public Works Department uses this material regularly for annual dust control maintenance on county roads and on road projects. This service is contracted because it must be shipped from Oregon by truck and tanker and large quantities are stored in heated storage tanks in the Everson area by Curt Meenderinck, LLC. The cost for Lignosite in 2006 for 50150 was $99.00 per ton picked up and $170.00 per ton straight delivered to the Central Shop with an approximately expenditure amount of $70,000. The cost in 2007 for 50150 will be $104.00 (or less) per ton picked and for straight will be $175.00 (or less) delivered to the Central Shop. This represents a $5.00 per ton increase or approximately 5% over 2006 rates. ■ Funding Amount and Source This is a regularly budgeted Road Fund/Maintenance & Operations expenditure for Lignosite (dust control material), which is used on an annual basis as needed for dust control and has been budgeted for approximately $70,000.00 in the 2007 Budget. Please forward to the Executive and the Whatcom County Council for approval at the January 16, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607 if you have any questions or concerns. Cc: Mary Green 63 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2007--037 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator. 1105/07 - ,. r ,r _ _ E;�� _ ,-- 1116107 Fin anc a /Coup Division Head. ! �?nr! J 2067 A, ,/ t. De Head. Prosecutor.' Purchasin ud e 60 1/05107 C0UNICIL Executive. . /� % - 07 TITLE OF CUKIENT. Approval to Purchase Road Maintenance Products 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 clear in explaining the intent of the action.) Public Works Maintenance & Operations is requesting annual approval to purchase the following items using Washington State Contracts. Road Striping Paint & Beads $400,000.00 Herbicides 80,000.00 Tires 50,000.00 Guardrail & Materials 50,000.00 Rubberized Asphalt 40,000.00 These are all regularly budgeted expenditures and all purchases are based on actual need. 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.ustcouncil. ii ." 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: 5 .January 2007 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Annual Approval to Purchase Road Maintenance Products FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us BRAD BENNETT 'Manager Annually, the Whatcom Public Works Maintenance and Operations and ER&R purchase the following products for the maintenance of county roads, roadways and vehicles. The State of Washington goes out to bid for all of these items and due to the large quantities they purchase, the prices the State is able to obtain is much lower than those prices Whatcom County would be able to obtain, based solely on County needs. Most Washington counties and cities purchase through these contracts. For all of these products, Public Works anticipates the level of usage to be about the same as it was in 2006. VENDOR STATE CONTRACT # _.. _ ITEMS PURCI�ASED APPROXIMATE EXPENDITURE - Alpine Products 00106,01301,15200 Road Striping Paint & Beads 400,000.00 UAP Northwest 00900/08205 Herbicides 80,000.00 Goodyear/Les Schwab 14900 Tires for Cars, Trucks 50,000.00 Coral Sales 12101 Guardrail & Materials 50,000.00 Multiple Vendors, as listed on the State Contract 03705 Rubberized Asphalt 40,000.00 These are regularly budgeted expenditures, where use is based upon actual need. Public Works would like approval to award to these vendors. I concur with this recommendation. A6 Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 65 Fax (360) 676.6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director �GOM CU ��Shll pGtCtL MEMORANDUM TO: Brad Bennett, AS Finance Manager FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeffrey M. Monsen, PW Director—�)_� _ RE: State Bid Contracts for Road Maintenance Products DATE: January 3, 2007 EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bettingham, WA 98226 Phone # (360) 676.6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager ■ Requested Action I am requesting Council approval to purchase material during 2007 from the Washington State Bid Procurement List for the following: ..... - - - - - - - Alpine Products 00106 Waterbome Traffic Line Paint 30-Nov-08 Alpine Products 01301 Glass Beads for Traffic Line Paint 28-Feb-07. Replacement Contract Pending $ 400,000.00 Alpine Products 15200 Solvent Traffic Line Paint 28-Feb-07 Replacement Contract Pending Wilbur Ellis 1 UAP Timberland 08205 Herbicide (Vegetation Management) 31-Jan-08 $ 80,000.00 Goodyear 1 Les Schwab 14900 Tires 31-Mar-07 No Updated Info Available $ 50,000.00 Coral Sales 12101 Guardrail, Terminals & Components 14Jan-08 $ 50,000.00 Multiple Vendors" 03705 Asphalt, Bulk Products pabbffkEdA#0 30Jun-07 Extension Review in February $ 40,000.00 "Albina Aspha� Anew Construction Supply Inc., Crafco Inc., Lakeside Industries, McAsphalt Industries Limited, Maxwell Products Inc., Partner Construction Products, Special Asphalt Products, and Sullivan Supply ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly for annual maintenance on county roads and on road projects. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2007-2008 Budget process. Please forward -to the Executive and the Whatcom County Council for approval at the January 16, 2007 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2007-038 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 1116107 Finarice/Councl- Ors ginator LK 12129106 Division Head: Dept. Head: Prosecutor: A PurcljasinglBNget, Executive.- ,ril) . -& TITLE OF DOCUMENT. Contract between U%atcom County and Northwest Regional Council — Loneliness & Isolation Program. ATTACHMENTS. Contract, Memo, information Sheet SEPA review required? ) Yes NO Should Clerk schedule a hearing ? Yes x NO SEPA review completed? ) Yes NO Requested Date: S UMAL4 R Y S TA TEMENT OR LEGAL NO TICE LA NG UA GE: r To provide funding support for the Loneliness and Isolation Program provided through the Interfaith Coalition. The contract amount is $20,000. The term of the contract is January 1, 2007 through December 31, 2007. 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 available for viewing and printing on the CounLy's website at. www.co,.whateom.waus/counci1. 67 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Laurie Caskey-Schreiber, Council Chair County Council Members FROM: Pete Kremen, County Executive RE: NWRC Loneliness & Isolation Program DATE: December 29, 2006 Pete Kremen County Executive Enclosed are two (2) originals of a contract between Whatcom County and Northwest Regional Council — Loneliness and Isolation Program. Whatcom County will provide funding to support the Loneliness and Isolation Program, through the Whatcom County Interfaith Coalition. The goal of this program is to reduce the loneliness and isolation experienced by seniors, improve their quality of life and help them live as independently as possible. Funding for this contract was approved by Council in the 2007 budget process. Please contact Dewey Desler if you have questions regarding this contract. Encl. 68 Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 UWATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a_OP701002 Originating Department: Executive Contact Person: Dewey Desler Contractor's Name: Northwest Regional Council (Interfaith Coalition - Loneliness & Isolation) 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 $_ 20,000 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 Provide funding support for the Loneliness and Isolation Program provided through the Interfaith Coalition. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended _ Term of Contract: 1 year Expiration Date: 1213.1107 Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: 1. Prepared by: 2. Attorney reviewed: 3.Finance reviewed: 5. Contractor signed: 6. Submitted to Exec Once 7. Reviewed by DCA 8. Council approved (if necessary) 9. Executive signed: 10. Contractor Original Returned to dept; 11. County Original to Council Date 12129106 [electronic] Date_L,lectronic] Date_1103106 Date [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page W Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT NWRD— Loneliness and Isolation Program Northwest Regional Council, 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 8, Exhibit A (Scope of Work), pp. 9, Exhibit B (Compensation), pp. 10. 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 1 st day of January 2007, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 315t.day of December 2007. The general purpose or objective of this Agreement is to provide financial support to the Loneliness and Isolation Program provided through the Interfaith Coalition, as more fully and definitively described in Exhibit A hereto. The language of Exhibit 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 $20,000. 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 .20 CONTRACTOR: Northwest Regional Council Victoria Doerper, Executive Director STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this ` day of , 20_, before me personally appeared Victoria Doerper to me known to be the Executive Director of the NORTHWEST REGIONAL COUNCIL 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 My commission expires . Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 70 am- 1901601611JUVA Approved as to form: Prosecuting Attor Date 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 Stale of Washington, residing at . My commission expires CONTRACTOR INFORMATION: NORTHWEST REGIONAL. COUNCIL. Victoria Doerper, Executive Director 600 L.akeway Dr. Bellingham, WA 98225 Contact Name: Victoria Doerper, Executive Director Contact Phone: (360) 676-6749 Contact FAX: (360) 738-2451 Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 71 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. The term shall be as stated in the contract regardless of the date of signature. 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 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 an 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 "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 Contract for Services Agreement Northwest Regional Council Loneliness and isolation Program v 1.0 72 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 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 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 helshefit 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 Slate 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. Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 73 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. 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: Not Applicable 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, 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 & Properly Damage for bodily injury- $1,000,000.00 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 anytime 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. Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 74 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 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. 38.1 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 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 lake reasonabIQ 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 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 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 Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 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 Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 75 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: 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 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 slated, 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: 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 dale 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 the 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 Contract for Services Agreement Northwest Regional Council. Loneliness and Isolation Program v 1.0 76 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 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. Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 77 EXHIBIT "A" (SCOPE OF WORK) Northwest Regional Council will administer the Loneliness and Isolation Friendly Visitor program, with services provided through the Whalcom County Interfaith Coalition. The goal of the program is to reduce the loneliness and isolation experienced by seniors, improve their quality of life and help them live as independently as possible. This scope of work covers the period January through December 2007. Funding to Interfaith Coalition for this period will total $18,500, to be used for support services for the Loneliness and Isolation program activities for Whatcom County seniors including: • Participant Outreach and Recruitment • Volunteer Recruitment, Retention, Orientation, Ongoing Training • Senior Participant and Volunteer Activities • Project Administration Northwest Regional Council will retain $1,500 for overall administration, including project monitoring, technical assistance and monthly invoice processing. Maximum consideration for this agreement is $20,000, Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 78 EXHIBIT "B" (COMPENSATION) The Contract Numbershallbe included on all billings orcorrespondence. NWRC will submit invoices to the-Whatcom County Executive's office (no more frequently than onetime per month). Invoices will detail services provided by NWRC and Whatcom County Interfaith Coalition for the Loneliness and Isolation Friendly Visitor program for seniors in Whatcom County, as outlined ih Exhibit A. With each invoice submitted to Whatcom County, NWRC will include receipts or copies of invoices paid by NWRC showing services provided and, where applicable, the number of individuals served. Contract for Services Agreement Northwest Regional Council Loneliness and Isolation Program v 1.0 79 WHA TCOM CO UNTY COUNCIL AGENDA BILL NO. 2007--039 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LK 1215106 j) '�•�.� tit �� - .� 1/16/07 Finance/Coup Division Head: I L ,� A;iy 2C-07 �} f i AT T O M rul o uffiy ip Dept. Head: 4r41�� Prosecutor: /� G k Purchasin /Bud et:Q Executive: TITLE OF DO CUMENT: Contract Agreement between Whatcom County and Norstan Communications, Inc., d/b/a Black Box Network Services ATTACHMENTS Contract, Memo, Information Sheet SEPA review required? { ) Yes { ) NO Should Clerk schedule a hearing ? { ) Yes { ) NO SEPA review completed? { ) Yes { ) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE. {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.) Purchase and installation of software upgrade for current PABX system. 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.wau&/council. ii 0 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 04-701 Db'? Originating Department. Administrative Services - Communications Contact Person: George Reid Contractor's Name: Norstan Communications, Inc. d/b/a/ Black Box Network 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 prig 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 $ 54,856.54 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 Purchase and install an upgrade to current PABX system software. Nature of Contract Amt: ( Check one) Fixed Amount _ Not to Exceed X_ Open Ended _ Term of Contract: Expiration Date: One time purchase - due Von delivery Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: 2. A 9 zrviewed: ./ 3. made: 4. Attorney signoff.• 5. Contractor signed: 6. Submitted to Exec Office Z Reviewed by DCA 8. Council approved (if necessary) 9. Executive signed.• 10. Contractor Original Returned to dept; IL County Original to Council Date 1215106 [electronic] Date G (electronic] Date / Zo p electronic] hard copy printed Date I Z� k Date Date summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225.4038 ddes ler@co.whatcom.wa. us DEWEY G. DESLER Director SECURITY & COMMUNICATIONS ' Public Safety Building 311 Grand Avenue 4`4ilNG Bellingham, WA 98225-4038 greid@co.whatcom.wa.us GEORGE REID Manager TO: PETE KREMEN, COUNTY EXECUTIVE DEWEY DESLER DMINISTRATIVE SERVICES DIRECTOR FROM: GEORGE REED AS — SECURITY AND OMMUNICATIONS MANAGER SUBJECT: Voice Mail System Upgrade DATE December 7, 2006 Attached are two (2) originals of a contract between Whatcom County and Norstan Communications, Inc. d/b/a Black Box Network Services to purchase and install an upgrade to our current PABX system software for your review and signature. -:V Background and Purpose The system software level currently in use by Whatcom County is at release level 9. Due to European Union ruling in March of 2006 banning the use of lead based solder in electronic equipment, we can no longer order additional equipment to expand our system at our current release level. To meet the expected growth levels in our government structure, we need to upgrade the system software to release level 13. When completed, our base telephone system will allow for more state of the art functions such as Voice Over Internet Protocol (VOID). This upgrade will also allow us time to better research and plan for a replacement system if that is the direction the County chooses to pursue. • Funding Amount and Source Funding for this upgrade has been approved in the 2007 budget as a one-time expense. The amount of this proposed contract is $54,856.54 including taxes. • Differences from Previous Contract New Contract Thank you for your attention in this regard. Administration Security & Communication County Residents (360) 676-6717 (360) 676-7694 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6886 TTY (360) 738-4555 WA Please contact George Reid at extension 57694 if you have any questions or concerns regarding this proposed contract. Whatcom County Contract No. aod-7oi oo CONTRACT FOR SERVICES AGREEMENT NORSTAN COMMUNICATIONS, INC. dlblal 13LACK 13OX NETWORK SERVICES Norstan Communications. Inc, dlblal Black Box Network 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. B -14 Master Agreement, pp. 15.17 Exhibit B (Compensation), pp. 18 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 15th day of January 2007, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on completion of installation and programming. The general purpose or objective of this Agreement is to purchase and install an upgrade to current PABX system software, 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 $54,856.54. 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 the day of 2007. CONTRACTOR: Norstan Communications, Inc, dlbla Black Box Network Services STATE OF ')Ss. COUNTY OF 1 On this day of 2007, before me personally appeared tome known to be the of Norstan Communications, Inc. and who executed the above Instrument and who acknowledged to me the act of signing and seating thereof. NOTARY PUBLIC in and for the State of residing at 1. My commission expires Page 1 WHATCOM COUNTY: Recommended for Approval: Department Director Date Approved as to form: "-R,.�, M V�'\,-i:)- -r) aA rosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom 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 Executive of Whatcom County, ho 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: Norstan Communications Inc. Olaf Black Box Network Services Authorized Representative Contact Name: L1z Malloy Black Box Network Services — Sales Address: 17770 Cartwright Road, Suite t 10 Irvine, CA 92614 Telephone: 949-263-3920 FAX: 949-263-3959 Email: elizabeth.malloy@blackbox-vs.com Page 2 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 90-19: 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 Slate, 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 "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. Page 3 0 Unless specifioally 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 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.oflen 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 ContraCtoeS 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 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 Contractors 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 as defined in Section 14 Liability contained in the signed Master Agreement for Products and Services, 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 entilling 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 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 Contractor's services shall be fumished 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 he/sheAt 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 Slate of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the Slate of Washington. Page 4 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. 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 writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyrioht Infringement: Not Applicable 32.1 Confidentiality: Not Applicable 33.1 Right to Review: Not Applicable 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, [hat 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: Not Applicable 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 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. Page 5 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, 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 Ihat 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 Administralion 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 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 Whatoom 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: George Reid, Communications Manager Suite B06 311 Grand Avenue Bellingham, WA 98226 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. 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 walver 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. Page 6 0 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 maybe 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: 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 the 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 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 Stale of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the Slate of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22A, 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. 46.1 If any conflicting terms and conditions exist between these General Conditions and the signed Master Agreement for Products and Services, the terms and conditions of the signed Master Agreement for Products and Services will prevail. Page 7 a SCHEDULE A PRODUCTS lAO"BLACK B011 Page No. 4 of 3 Master Agreement No. 16664 Project No. 67678 WHATCOM COUNTY INFORMATION SERVICE ("Customer") hereby orders, and Norstan Communications, Inc. dlbla Black Box Network Services ('Black Box) agrees to provide, the Products and Services listed in this Schedule A. SUMMARY OF PRODUCTS, SOFTWARE AND SERVICES AS DETAILED ON THE FOLLOWING PAGES .fob No. Product Tyne Installation Address (City. State) Total Price J051199 Ericsson MX-ONE Telephony System -Telephone BELLINGHAM, WA $50,419.61 Switch Total Price - All Jobs $50,419.61 ttached Exhibits: Quotation Expiration Date: January 30, 2007 Scope of Work Warranty Service Policy Installation Responsibilities Policy Software Owner License Agreement By signing this Schedule A, Black Box and the Customer agree that the terms of the referenced Master Agreement for Products and Services and the referenced Exhlbit(s) and Schedule(s) attached hereto apply to the Products, Software and Services listed In this Schedule A This Schedule A is subject to acceptance by Black Box. The Prices in this Schedule A are valid untl( the Quotation Expiration Date specified above. The Products and their respective Prices are set forth in this Schedule A beginning on the next page. Customer: WHATCOM COUNTY INFORMATION SERVICE Signature Title Printed Name Date Norstan Communications, Inc. dlblal Black Box Network Services Signature Title Printed Name Date DSAPROD (05106) Print Dale:12/0112006 Page 891 Order Type: ® Product Order Product Upgrade Order Customer Billina Address: WHATCOM COUNTY INFORMATION SERVICE STE BQ6 311 GRAND AVE BELLINGHAM, WA 98225-4038 Payment Terms: 100%"Upon Delivery of Equipment, Net 30 Days SCHEDULE A PRODUCTS B LLARCK BOX WWWO K -SERVICES Page No. 2 of 3 Jab No. J051199 Product Installation Responsibliity: ® Black Box ❑ Customer Product Location Address (Premises): WHATCOM COUNTY INFORMATION SERVICE STE BQ6 311 GRAND AVE BELLINGHAM, WA 98225AO38 Warranty Term: 12 months Intended Installation Date: TBD Product Description: Qty Product Description Ericsson MX-ONE Telephony System -Telephone Switch BASE SYSTEM 24 DRAM, 32 Mb for LPU5 24 DSF 12 ELF28 1 FLASH ATA 256 MB 2 HDU7 24 Label for new R-state 12 LCPF for LPU5 1 NIF2, downloadable FW for NIU2 2 NIU2 3 Null modem, 25 to 25 pin, D-sub 12 PLF4 for LPU5 2 PROM set to IPU board CABLE 3 Adapter, 25 pin to 9 pin,D-sub 1 Cable to HDU 1 Cable, 1013aseT (RJ45 at the end) 3 Cable, modem - NIU IMPLEMENTATION 56 Cutover, Testing, and First Day 24 Hardwareffirmware Change out 2000 Installation Travel Expenses 40 Re -Geri and Build System Load LICENSES 900 AGENT UPGR SC9-TSW 900 MD ACD RTU 1 Agent 394 MD analogue extension RTU 1 port 66 MD analogue external line RTU 1 port DSAPROD (05106) Print Date:12I0112006 92 Page 9 SCHEDULE A PRODUCTS *BUCK BOX N TWORK SERVICES Page 3 of 3 Job No. J061199 Product Description: Qty Product Description Ericsson MX-ONE Telephony System -Telephone Switch LICENSES 900 MD Automatic network call distribution facility 1 MD CCM RTU '1 V.24 interface 1160 MD digital extension RTU 1 port 168 MD digital trunk line CAS RTU 1 port 1 MD DISA number RTU 1 system 18 MD Group Switch link RTU 1 port 12 MD LIM RTU 1 LIM 12 MD music on hold RTU 1 MOH port 1 MD O&M RTU 1 Ethernet session 2 MD operator console RTU 1 port 1 MD voice mail RTU 1 V.24 interface 1790 PORT UPGR BC9-TSW 1 SYSTEM UPGR BC9-TSW PRODUCT 1 ALEX O&M library, TSW 1 MD110 PBX Stackable Upgrading 1790 PORT UPGR BC9-TSW 1 SAM Toolbox 3.8 1 SYSTEM UPGR BC9-TSW 1 Upgrading with extra HDU7/1 Total Purchase Price $50,419.61 (exclusive of taxes) Other Terms Applicable to this Schedule: DSAPROD (05106) Pdnt Dale: 17J0W006 93 Page 10 *BLACK BOAC MWORK SERVICIES Customer: Whatcom County Project: 57678 Statement Of Work BC131TSW Upgrade Table of Contents 1.0 General System Description......................................................................................2 2.0 Responsibilities..........................................................................................................2 2.1 Black Box Voice Services responsibilities..............................................................................2 2.2 Customer Responsibilities.....................................................................................................2 3.0 Project Kick-Off...........................................................................................................3 4.0 Equipment Delivery ....................................................................................................3 5.0 Preparation of Equipment...................................................................:......................3 6.0 Installation Plan..........................................................................................................3 7.0 Database .....................................................................................................................3 8.0 End User Training.......................................................................................................3 9.0 Cutover........................................................................................................................3 10.0 Assumptions.........................................................................................................4 Signatures.............................................................................................................................4 Paqe 11 Customer: Whatcom County 1.0 General System Description This Statement of Work covers the materials in Schedule A. *BLACK BOX NEWORK `DERV-10E Project: 57678 Previous to the software upgrade, the system bayface files will be analyzed for revision levels of LIM and GSM modules and all system cards for current revisions, Proper level cards and/or PROMS will be configured as needed. All replacement cards and PROMS need to be installed before the software upgrade takes place. The customer and Black Box Voice Services will set a database freeze date. Major database changes cannot be performed during this freeze, and minor changes wit[ be logged for Inputafter the upgrade. Black Box engineers will extract -the system database and regenerate the database on a HDU loaded with the TSW software. At a date to be determined by Customer and Black Box Voice Services the system will be loaded for TSW, This is accomplished by connecting the MD110 to the HDU configured for TSW with all the system data on it. The system is then ordered to load and the data is distributed to the associated LIM's. The system loads from LIM 1 up to the last LIM. During this time the LIM's will be out of order. During the load of TSW, Black Box Voice Services will need access to all remote locations in the event that there are problems getting a LIM to load. LIM's will be function tested and calls completed In each LIM to assure that they are functioning properly. 2.0 Responsibilities Black Box Voice Services installation and implementation plans are based on the performance of the following tasks by each party: 2.1 Black Box Voice Services responsibilities Black Box Voice Services has analyzed the bayface drawings to determine if any cards need to be upgraded or replaced. Black Box Voice Services will perform the physical installation of required hardware changes and PROM updates. Black Box Voice Services will extract Data from system. Black Box Voice Services will re create the extracted database from existing system. Black Box Voice Services will load new TSW operating system and regenerated database. Black Box Voice Services will test and verify proper operation of new software. Black Box Voice Services will provide on site support on first day of service. Black Box Voice Services will review the call diversion points ( old chain diversion patch ) for the new Individual Repeat Diversion feature. Black Box Voice Services will attempt to provide the same call diversion points if possible, Black Box Voice Services has Inventoried MD110 software for slte dependent patches. This Information has been reviewed by Ericsson for patch status on the new software. 2.2 Customer Responsibilities M0110 • Customer will be responsible to establish and enforce a mutually agreed upon database freeze date. • Customer will provide access to,any and all sites according to a mutually agreed upon Implementation schedule. • If additional hardware or licenses are required due to changes to the configuration after the Black Box Voice Services date of Inventory, additional charges may be Incurred and will be the responslblllty of the customer, Black Box Voice Services -will outline what the additional requirements and charges are In the form of an ICO (Change Order), to be presented to the customer for signature and approval. . SOW Whatcom TSW Upgrade 2 Page 12 95 Customer., Whatcom County 3.0 Project Kick -Off *BLACK Bolt NORKSERVICES Project, 57678 Black Box Volce Services Installation or Implementation plan starts with a project kick-off meeting. Black Box Voice Services Project Manager, Sales Rep, and Customer Representatives attend this meeting. The purpose of the meeting is to review the project, resolve any outstanding issues, and discuss in detail the preliminary implementation plan. The goal of the meeting is to introduce the implementation process to Customer, and to lay the groundwork for the creation of the final implementation plan. 4.0 Equipment Delivery • The equipment will be delivered to the address of Customer's facility. • Customer will inspect shipping boxeslcontainers, when delivered, for external damage. if such damage is evident the customer will inform Black Box Voice Services Project management. • Customer will locate a suitable storage area. This storage area must be free of environmental hazards and secure. 5.0 Preparation of Equipment • Black Box Voice Services Technician will open all boxes and handle equipment and Inventory equipment. Any discrepancies will be reported to the Black Box Voice Services Project Manager for correction 6.0 Installation Plan • A detailed installation plan will be provided to Customer after the conclusion of the Project Meeting. Customer will approve all aspects of the installation plan and timelines associated with the plan. 7.0 Database Black Box Voice Services will format and load all data collected. Any changes to the data collected after an agreed upon freeze date may warrant additional charges. System data will be collected and translated to the new TSW platform. The user is requested to either stop data changes to the system to the MD110 or capture any changes to a file for retransmission after the upgrade. Any changes made that are not captured will be lost at the time of the upgrade. This freeze will take place at least three weeks prior to the actual upgrade. Black Box Voice Services will not be responsible to program station ports. Changes to the database programming after the freeze date will be billed on a time and materials basis at the then current Black Box Voice Services rates 8.0 End.User Training • MD110 End user training is not included. Buyer Is responsible for MD110 End user training. 9.0 Cutover The product will be deemed accepted by (5) business days after it's outover date, unless Black Box Is notified In writing within such period of any non -conformities. Upon such notice, Black Box will promptly correct any such non -conformity to your reasonable satisfaction..Cutover of the system marks the commencement of the warranty period. SOW Whatcom TSW Upgrade 3 Page 13 96 Customer: Whatcom County 10.0 Assumptions *BLACK B011 fiEMOIRK ;SEIRVICIES Project: 57678 • Black Box Voice Services Inc. will not be responsible for any access or security issues, and will not be responsible for any delays to the project due to lack of access to any areas of the facility or remote site(s). - • Black Box Volce Services Inc. will not be responsible for upgrading customer owned spares unless customer has provided Black Box Voice Services with an inventory list with spares included. • Customer will provide a safe environment that meets all OSHA safety regulations. Whatcom County Customer Signature: Print Name: Date: Signatures Black Box Project Manager Signature: Print Name: Date: SOW Whatcom TSW Upgrade 4 Page 14 97 . . . . . . . . . . . AM I 41MMAROW Inmost Selz "OZZ L.,f L� ., 1. INM PIZ k) *ff I P --KM v Ffall 5 -A -4ft h :JJA����.•� vA Page 16 : ' VIAyli�C7 COM. TV W WHATWU All IV. 15 :to WT MR, . . . . . . . . . . . . . . I VIyLp - Page 17 100 COM. TV W WHATWU All IV. 15 :to WT MR, . . . . . . . . . . . . . . I VIyLp - Page 17 100 EXHIBIT'I3" COMPENSATION The maximum consideration for this contract is $54,856.54. The Contractor Number shall be included on all billings or correspondence in .connection with this agreement. Payment will be made upon receipt of invoice from Norstan Communications, Inc. dlbla Black Box Network Services, subsequent to receipt of equipment and completion of installation. Page 18 101 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 200 7-040 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LK 1215106 ' G � ram, La �' E 1/I6/07 Finance/Coun Division Head: JAN 9 -- 2007 !!f�. Dept. Head: 1 � i W H� f CO M c 0 u 1 _ Prosecutor: i 73 d7 Purchasin /Bud et: W /� Executive: TITLE OFDOCUMENT.- Contract Agreement between Whatcom County and Norstan Communications, Inc., d/b/a Black Box Network Services ATTA CHMENTS Contract, Memo, Information Sheet 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Purchase of Ericsson One Box/MX-ONE Messaging equipment, installation and implementation to upgrade current voice mail system. 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.wausleouncil. iY 102 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No.. <2ZV0-70/ 40/b Originating Department- Administrative Services - Communications Contact Person: eor e Reid Contractor's Name: Norstan Communications, Inc. d/b/a/ Black Box Network 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 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 54, 991. 83 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 Ericsson One Box/MX-ONE Messaging equipment, installation and implementation. Nature of Contract Amt. { Check one) Fixed Amount Not to Exceed X Open Ended _ Term of Contract: Expiration Date: One time purchase - due upon delivery Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: 2. Atiornev reviewed: 3. Houle: d. Attorney signoff. 5. Contractor signed: 6. Submitted to Exec Office 7. Reviewed by DCA 8. Council approved (if necessary) 9. Executive signed: 10. Contractor Original Returned to dept; 11. County Original to Council Date 1215106 [electronic] Date a , r a [electronic] Date IV2QZve, electronic] hard copy printed Date i� . Date [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 103 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4038 ddeslerC@co.whatcom.wa.us DEWEY G. DESLER Director P�G0M coo SECURITY & COMMUNICATIONS ' Public Safety Building �y 311 Grand Avenue .a Bellingham, Bellingham, WA 98225-4038 greid@co.whatcom.wa, us GEORGE REID Manager TO: PETE KREMEN, COUNTY EXECUTIVE DEWEY DESLER, DTONVIMUNICATIONS STRATIVE SERVICES DIRECTOR ID FROM: GEORGE RE AS — SECURITY MANAGER SUBJECT: Voice Mail System Upgrade DATE December 7, 2006 Attached are two (2) originals of a contract between Whatcom County and Norstan Communications, Inc. d/b/a Black Box Network Services to purchase and install an upgrade to our current voice mail system for your review and signature. • Background and Purpose The Octel voice mail system currently in use by Whatcom County is over thirteen (13) years old and is no longer supported for hardware maintenance. Parts are extremely hard to find, if we can find them at all. The County is vulnerable to a voice mail system failure unless we upgrade the system to a modern solution that is compatible with our current phone system. • Funding Amount and Source Funding for this upgrade has been approved in the 2007 budget as a one-time expense. The amount of this proposed contract is $54,991.83 including taxes. • Differences from Previous Contract New Contract Thank you for your attention in this regard. Please contact George Reid at extension 57694 if you have any questions or concerns regarding this proposed contract. Administration Security & Communication County Residents (360) 676-6717 (360) 676-7694 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6886 TTY (360) 738-4555 104 Whatcom County Contract No. o,C1D-701 a 1 d CONTRACT FOR SERVICES AGREEMENT NORSTAN COMMUNICATIONS, INC. di'bfaf BLACK BOX NETWORK SERVICES Norstan Communications, Inc. dlblal Black Box Network 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 -12 Master Agreement, pp. 13-15 Exhibit 8 (Compensation), pp. 16 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 15th day of January 2007, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on completion of installation and programming. The general purpose or objective of this Agreement is for the purchase of Ericsson One Box/MX-ONE Messaging equipment, installation and implementation, 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 $54,991.83. 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 the day of 12007, CONTRACTOR: Norstan Communications, Inc. dlbla Black Box Network Services STATE OF 1 ) ss. COUNTY OF On this day of , 2007, before me personally appeared to me known to be the of Norstan Communications, Inc. 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 residing at . My commission expires Page 1 105 WHATCOM COUNTY: Recommended for Approval: Department Director Date Approved as to form: rosecuting A orne Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WNATCOM ) On this day of , 2007, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, ho 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: Norstan Communications, Inc. d/bla! Black Box Network Services Authorized Representative Contact Name: Liz Malloy Black Box Network Services — Sales Address: 17770 Cartwright Road, Suite 110 Irvine, CA 92614 Telephone: 949-263-3920 FAX: 949-263-3959 Email: elizabeth.malloy@blackbox-vs.com Page 2 106 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 Stale, 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 Accounlinq 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. Page 3 107 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 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 Contractor'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 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 as defined in Section 14 Liability contained in the signed Master Agreement for Products and Services, 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 Conlractor 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 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 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 he/she/it 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 lax 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. Page 4 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. 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 writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: Not Applicable 33.1 {tight to Review: Not Applicable 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 & Properly 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: Not Applicable 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 occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall tale 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. Page 5 109 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, 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 fake 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 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 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: George Reid, Communications Manager Suite B06 311 Grand Avenue Bellingham, WA 98226 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 40A 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: 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 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. Page 6 110 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: 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 the 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 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. 46.1 If any conflicting terms and conditions exist between these General Conditions and the signed Master Agreement for Products and Services, the terms and conditions of the signed Master Agreement for Products and Services will prevail. Page 7 111 SCHEDULEA PRODUCTS *BLACK BOX NOWORK SIE FIV ICES Page No. 1 of 2 Master Agreement No. 16664 Project No. 67679 WHATCOM COUNTY INFORMATION SERVICE ('Customer) hereby orders, and Norstan Communications, Inc. d/b/a Black Box Network Services (°Black Box") agrees to provide, the Products and Services listed in this Schedule A. SUMMARY OF PRODUCTS, SOFTWARE AND SERVICES AS DETAILED ON THE FOLLOWING PAGES Job No, Product Tyne J051204 Ericsson OneBox/MX-ONE Messaging Attached Exhibits: Scope of Work Warranty Service Policy Installation Responsibilities Policy Software Owner License Agreement Installation Address (City. State) Total Price BELLINGHAM, WA $50,543,96 Total Price - All Jobs $50,M.96 Quotation Expiration Date: January 30, 2007 By signing this Schedule A, Black Box and the Customer agree that the terms of the referenced Master Agreement for Products and Services and the referenced Exhibit(s) and Schedule(s) attached hereto apply to the Products, Software and Services listed in this Schedule A This Schedule A is subject to acceptance by Black Box. The Prices in this Schedule A are valid until the Quotation Expiration Date specified above. The Products and their respective Prices are set forth in this Schedule A beginning on the next page. Customer: WHATCOM COUNTY INFORMATION SERVICE Signature Title Printed Name Date Norstan Communlcations, Inc. d/b/a/ Black Box Network 5ervlces Signature Printed Name Title Date DSAPROD (05/06) Print Date: 1210112006 Page 8112 Order Type: ® Product Order ❑ Product Upgrade Order Customer Billina Address: WHATCOM COUNTY INFORMATION SERVICE STE BQ6 311 GRAND AVE BELLINGHAM, WA 98225-4038 Payment Terms. 100% Upon Equipment Delivery, Net 30 Days Product Description: SCHEDULE A PRODUCTS BLACK B011 HO'V ORK SIERVICES Page No. 2 of 2 Job No. J051204 Product Installation Responsibility: ® Black Box ❑ Customer Product Location Address (Premises): WHATCOM COUNTY INFORMATION SERVICE STE BQ6 311 GRAND AVE BELLINGHAM, WA OB2254038 Warranty Term: 12 months Intended Installation Date: Qty Product Description Ericsson OneBoxtMX ONE Messaging IMPLEMENTATION 16 Database Design 16 End User Training 32 Implementation 2000 Installation Travel Expenses 8 System Admin Overview 8 Technician 1st day in service 8 Trainer 1st day in service PORTS 1 CTBUS Cable 8 Connectors 1 OB D1320 JCT Univ Board 1 OB E1 PCI 1 Port Board 1 PRI E11T1 Cable 15m PRODUCT 1 OneBox 4.011MX-0NE Messaging 4.1 SERVERS 1 Compaq Server Country Klt, US 1 ML370 G4 3.4 GHZ Server SOFTWARE 1 OB4 2 Port Digital Add 61 084 4 Port Add 1 OB4.1 4 Port UM Initial 1 Serenade TUI Emulation 1 Voice Mail Media Kit wldongle Total Purchase Price $50,543.96 (exclusive of taxes) Other Terms Anollcable to this Schedule: DSAPROD (05106) Prrnt Dole: 12JO112006 Page 9113 *BLACK BOX NEMOIs K SERVICES Customer., Whatcom County Project: 57679 Statement Of Work NIX -One Messenger Voice Mail Table of Contents 1.0 General System Description............................................................................1 2.0 Responsibilities................................................................................................1 2.1 Black Box Voice Services responsibilities: ................................................................. 1 2.2 Buyer Responsibilities: ...................................................................1 3.0 Project Kick-Off................................................................................................1 4.0 Equipment Delivery ..........................................................................................1 BuyerResponsibilities: ......................................................................................................... 1 5.0 Equipment Delivery and Installation...............................................................1 6.0 Preparation of Equipment................................................................................1 7.0 Installation Plan................................................................................................1 8.0 Database...........................................................................................................2 9.0 End User Training......................................................................... 10.0 Cutover............................................................................................................. 2 11.0 Assumptions....................................................................................................2 Page 114 *BLACK NOWORK SERVIOES Customer: Whatcom County 1.0 General System Description This Statement of Work covers the equipment in Attachment 1 (Equipment List). 2.0 Responsibilities Project: 57679 Black Box Voice Services installation and implementation plans are based on the performance of the following tasks by each party: 2.1 Black Box Voice Services responsibilities: • Black Box Voice Services will perform the physical installation of the Voice Mail Server. • Black Box Voice Services will connect the system voice ports to buyer provided PBX circuits. • Black Box Voice Services will program the mailboxes with the database provided by buyer. 2.2 Buyer Responsibilities: • Buyer will provide voice ports programmed for voice mail access. • Buyer will provide current database information. • Buyer will provide access to any and all sites according to a mutually agreed upon implementation schedule. • Buyer will provide an adequate storage and staging facility for any Black Box Voice Services equipment and tools. 3.0 Project Wck-Off Black Box Voice Services Installation or Implementation plan starts with a project kick-off meeting. Black Box Voice Services Project Manager, Sales Rep, Customer Representative attend this meeting. The purpose of the meeting is to review the project, resolve any outstanding issues, and discuss in detail the preliminary implementation plan. The goal of the meeting is to introduce the implementation process to Buyer, and to lay the groundwork for the creation of the final implementation plan. 4.0 'Equipment Delivery Buyer Responsibilities: Buyer will inspect shipping boxeslcontainers, when delivered, for external damage. If such damage is evident the customer will inform Black Box Voice Services Project management 5.0 Equipment Delivery and Installation The equipment will be delivered to the address of Buyer's facility. 6.0 Preparation of Equipment Black Box Voice Services Technician will open all boxes and handle equipment and inventory equipment Any discrepangies will be reported to the Black Bqx Voice Services Project Manager for correction 7.0 Installation Plan • A detailed installation plan will be provided to Buyer after the conclusion of the Project Meeting. Buyer will approve all aspects of the installation plan and timelines associated with the plan. SOW Whatcom Voice Mail Page.11 115 Customer., Whatcom County 8.0 Database BLACK BOX N 1WORK SERVIGES Project: 57679 Black Box Voice Services will program mailboxes with the database supplied 1 approved by Buyer. Changes to the database programming after the initial installation will be billed on a time and materials basis at the then current Black Box Voice Services rates Buyer will be responsible for the following: • Verify the database for mailboxes • Choosing a database freeze date. 9.0 End User Training Black Box Voice Services will provide `Train the Trainer" classe. Customer will be responsible for scheduling users to attend classes. 10.0 Cutover The product will be deemed accepted by (5) business days after it's cutover date, unless Black Box is notified in writing within such period of any non -conformities. Upon such notice, Black Box will promptly correct any such non -conformity to your reasonable satisfaction. Cutover of the system marks the commencement of the warranty period, 11.0 Assumptions • Buyer will be responsible for any delays to the project due the late delivery of any Buyer Supplied equipment, i.e. PC's, LAN connections or addresses,.etc. • Buyer Wil provide a safe environment which meets all OSHA safety regulations. Signatures Whatcom County Customer Signature: Print Name: Date: Black.Box Project Manager Signature: Print Name: Date: SOW Whatcom Voice Mail page 12116 i titi. 1`_.0 ;l :'le :T.r; :i ,�7}-'• '1,."��-��-in:.4, may. .,X._. r:.• ,,'�ti 5: +i�':;,'ei .7. .1. .- .=. ti.;:.•.. i ati-i va �.y t . S. �,. Ir W. 1, ic r ,N T.; . lisYa ilk' + .ro,momo ��lf' y,..Y�•7}. �j y�" p� �q �yy� jy� : y ,x}l ,ljx jo S"hh`h'3,,.,((,�.L: i:•. icy,`SST, i.'9i�ilr`b}ti q- ,x�6�it1 P.^c� . �� Y•i} �� z�lrF'".; p.!{i21ee•SI!�534�' �i' �1A1�lrl€?r ':3F��'_ A. 10 OMM y� {{ 44 �y'�{'� y5y a`-• -_ r, ..-'�.,.t;rt�i�{ :;�'��=`�„ �:�•#t'-I�f,�.Cn� air, �iAFali�' •�!�' ! F �'•• r- 1 1 1 y 'I� `;;yam . � � _ : .�".' . •:},, �•. r;.? :1\-. .v-. �,_n, �r'�„ •.W,t �i tir}91:i�}, .i�:{;�`tl``` _ •F.. ':k 3?:�:? .r,. �{^` _r, _ �. l"a ' �::.�i, �'`'� t i � ��a r , i 4'•�=.ta.',�;: ° '.i . .:�i�a„„ . _.y"'n �' �,o-?t': r' ", %�f:•��r •11'" �; gl�r'1, 4 � � 'F�Til .y�� � �•ya�j .:t;.',{. ':r't5}�';ii: '�:,.' hti�R..b �`;»1tir:=L�yn��4y�1. v • � :r.,, ,{i�� r y` .1.:% . Page 13 •-. ... _-�:..::': '.;ask; •�s ���rkvi:..,`,4�s '� }... `�;� �'"z..fa ,. �pa_.ti!•'nt," - • - - • ! r �; Sryy,`}S�rz4A.14.. �i f �%: w. o' rs ��:} .la.;. - }C': 5-:'>C �:^ _......... 01,1- N W iAt" Page 14 UW] Z1 'EN W. R . kZ5.. ."OPWARKNOTON MA" m. 6.1iR lk F1 Q 0 I'l p Page 15 EXHIBIT "B" COMPENSATION The maximum consideration for this contract is $54,991.83. The Contractor Humber shall be included on all billings or correspondence in connection with this agreement. Payment will be made upon receipt of invoice from Norstan Communications, Inc. dlbla Black Box Network Services, subsequent to receipt of equipment and completion of installation. Page 16 120 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-041. CLEARANCES Initial Date - Date Received in Council Office Agenda Date Assigned to: Originator., 0i T. _ ` w Li 1/1.6/07 Finance/Cohn Division Head: j 1 ',N 9 _ 2007 Dept. Head: Prosecutor: A�/%+f Purchasin /Bud ei: � i-1 0,7 CCif (.�,«�t �'.i i f .L Executive: Ii TITLE 6F DOCUMENT.• Puget Sound Energy Schedule 136 Large Volume Green Energy Service Agreement . ATTACHMENTS: Memorandum; AttachmentA— Account Numbers, K%atcom County Contract Information Sheet, Council Resolution 2006-058 SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires apublic 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.) Forpurchase of 100% Green Energy for County operations at $0.0UkWh used 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 121 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: - Honorable Members of the Whatcom County Council FROM: Pete Kremen , County Executive Pete Kremen County Executive RE: Puget Sound Energy Green Energy Service Agreement DATE: 1 /812007 Enclosed are two (2) originals of the Schedule 136 Large Volume Green Energy Service Agreement between Whatcom County and Puget Sound Energy for your review and signature. ■ Background and Purpose This contract is for the purchase of 100% Green Power for County operations, as approved by Whatcom County Council Resolution 2006-058 on September 26, 2006. By purchasing Green Power, Whatcom County supports Puget Sound Energy in the building of additional solar and wind -based renewable energy technology. "this purchase will effectively reduce the CO2 output of County operations by 3172 tons, which is almost 32% of its total emissions. ■ Funding Amount and Source This purchase will cost Whatcom County approximately $61,842 in 2007. The funding for this purchase was approved for the 2007-2008 budget period under. the Non -Departmental designation. Encl. 122 Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-677S TDD (360) 738-4SSS WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Contact Person: Contractor's Name: Executive's Office Christina Reeves Sound 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 $_approximately 61,$42 approval and a supporting memo. Any amendment thatprovides either a 10% increase in amount or more than $10, 000, whichever is This Amendment Amount: $ 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 For purchase of 100% Green Energy for County operations at $0.01/kWh electricity used. Nature of ContractAmt: (Check one) Fixed Amount Not to Exceed _ Open Ended x Term of Contract: 1 year Expiration Date: December 31, 2007 Renewal Option Yes No x Last Renewal Expires: Special Dates or clauses that require calendaring: I.Prepared by:l/r�iLcht��Y1>�Ji/Y/) 2. Attorney reviewed. 3. AS Finance reviewed: 4. Corrections made. 5. Attorney signoff.- 6. Contractor signed: Z Submitted to Exec Office t/ 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed: 11. Contractor Original Returned to depi; 12. County Original to Council Date_11412007_ [electronic] Date 1 - f [electronic] Date 8 electronic] Date electronic] hard copy printed Date Date Date (—ff-- D'7 [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 123 Issued: May 19, 2005 WHATCOM COUNTY Effective: June 30, 2005 CONTRACT NO. WN U-60 Attachment "A" to Schedule 136, Page 1 O b d oia PUGETSOUNDENERGY Attachment "A" — Service Agreement SCHEDULE 136 LARGE VOLUME GREEN ENERGY SERVICE AGREEMENT THIS SCHEDULE 136 LARGE VOLUME GREEN ENERGY SERVICE AGREEMENT ("Agreement"), dated as of the 1 day of January , 2007, is made and entered into by and between Whatcom County (the "Customer") and PUGET SOUND ENERGY, INC., a Washington Corporation, (the "Company"), for service under the Companys Electric Tariff G Schedule 136. Terms defined in Schedule 136 and in the General Rules and Provisions (Schedule 80) shall have the same meanings where used in this -Service Agreement. RECITALS A. The Company is a public service company engaged in the sale and delivery of electric energy pursuant to its Electric Tariff G. B. Customer is receiving Electric Service under the Companys Electric Tariff G and desires to participate in the Company's Large Volume Green Energy program offered under Schedule 136. AGREEMENT Request and Acknowledgement. The Customer requests service under Schedule 136 and acknowledges that Schedule 136 requires a minimum term of one year and that the minimum monthly usage levels specified in Section 4 below will result in a monthly charge for the term of this Service Agreement, even if the Customer discontinues Electric Service under such schedule. 2. Location and Account Number. The location and account number for Customer's service under this Service Agreement is as follows: Location: Multiple. See attached Account Number Multiple, See attached Product Assignment Number Multiple, See attached Meter Number Multiple, See attached 3. Term. The term of this Service Agreement shall commence coincident with the date the Company acquires the Renewable Energy Credits required to provide service under this Service Agreement (the "Commencement Date") and shall terminate a minimum of one year following the Commencement Date. The Company shall make reasonable efforts to obtain the Credits starting on the Commencement Date requested by the Customer. The. term requested by the Customer is 1 year(s). The Commencement Date requested by the Customer under this Service Agreement is January 1. 2007. 4. Monthly Usage. Under Schedule 136 the Customer may choose a fixed kWh option or the one hundred percent (100%) green energy option. Customer chooses the fixed kWh option, and the fixed monthly kWh of green energy chosen by Customer is (SEE ATTACHMENT A) kWh per month. 124 Issued: May 19, 2005 Effective. June 30, 2005 WN U-60 Attachment "A" to Schedule 136, Page 2 PUGET SOUND ENERGY Customer chooses the 100% green energy option, and the projected monthly usage is as follows: January, 2006: 536,512 kWh February, 2006: _554,275 kWh March, 2006: 526,467 kWh April, 2006: 573,055 kWh May, 2006: 471,823 kWh June, 2006: 470,380 kWh July, 2006: 463,545 kWh August, 2006: 533,290 kWh September, 2006: 505,430 kWh October,' 2006: 530,059 kWh November, 2006: 493,748 kWh December, 2006: 525,578 kWh 5. Minimum Charge. The calculation of the Minimum Charge is shown in the following example where the Customer's projected monthly usage over a one-year term is 3,430,000 kWh and the Customer's actual usage is 2,744,000 kWh. Ninety percent of 3,430,000 kWh equals 3,087,000 kWh. 3,087,000 kWh less 2,744,000 kWh equals 343,000 kWh. The Minimum Charge would be equal to 343,000 kWh multiplied by the'lesser of $0.01 (which would equal $3,430.00) or the Company's actual cost per kWh. 6. Permission. For public recognition and marketing purposes of the green energy program the Company would like to use the Customer's name and logo (if applicable) on the Company materials, including the Company's web site. Customer approves such use, of its name and logo (initial). Customer does not approve such use of its name and logo (initial). Other Schedules. Schedule 136 is incorporated herein by this reference. This Service Agreement is subject to the General Rules and Provisions as set forth in Schedule 80 (and is subject to other schedules of Electric Tariff G that "May apply) as such schedules may be revised from time to time upon approval of the Washington Utilities and Transportation Commission. Any conflict between this Service Agreement and the Company's Electric Tariff G schedules shall be resolved in favor of such schedules. CUSTOMER COMPANY By: Whatcom County By: Puget Sound Energy, Inc. Name: Name: Title; Count' Executive Title: Manager — Green Power and Renewables Date Signed: Date Signed: Pete Kremen Tom Maclean [Name Typed] [Name Typed] Approve as to form: �} �ff ! Civil Prosecuting A ey Date 125 Attachment A Account # Product Assign. Client Token Amount Address 028246-066 141-421-100 100% 430 S Beach 028-246-000-5 031-227-000-2 031-227-036 437-441-100 100% 311 Grand Ave 047 866 000 4 047-866-019 619-911-100 100% 811 Marine Dr # Boardwk 050-946-000-2 050-946-087 090-541-100 100% 5256 Northwest 062-726-000-3 062-726-024 943-463-100 100% 320 Lottie St 066-692-100-2 066-692-187 503-803-100 100% 1041 W. Smith Road 067 376 000 5 067-376-079 802-331-100 100% 5103 Mosquito Lk Rd 080 266 000 1 080-266-084 694-041-100 100% 2600 Sunset 082 957 100 9 082-957-112 694-041-100 100% 811 marine Dr Shower 125 107 000 7 125-107-024 694-041-100 100% Hovander Park #IRR 128-246-000-3 128-246-005 241-421-100 100% 430 S Beach 187-021-110-7 187-021-345 187-021-100 100% 1952 Cliff Road 215 107 000 6 215-107-098 619-911-100 100% Hovander Park 223-127-000-6 223-127-025 676-441-100 100% 1000 N Forest 225 107 000 5 225-107-083 694-041-100 100% 5236.Nielsen Ave 228-246-000-1 228-246-023 341-421-100 100% 430 S Beach 257 326 000 3 257-329-694 937-531-100 100% Bouma House 269 077 100 7 269-077-121 519-911-100 100% 4639 Alderson Rd 313 027 000 6 313-027-000 519-911-100 100% 9147 Silver Lake Rd 323-127-000-4 323-126-503 187-021-100 100% 1000 N Forest #A 355-795-100-5 355-795-190 423-005-100 100% 901 W Smith 357 326 000 1 357-320-118 519-911-100 100% 8894 Silver Lk Rd 413 027 000 4 413-027-030 694-041-100 100% Silver Lk Park 423-005-993-5 423-000-749 423-005-100 100% 895 W Smith 423-127-000-2 423-127-085 187-021-100 100% 1000 N Forest #B 465 555 100 2 465-555-114 619-911-100 100% 9006 Silver Lk Rd 495 820 000 0 495-820-302 519-911-100 100% Silver Lk Rd Loop; Cabins, shelters 5161070009 580 330 000 2 515-109-250 580-330-301 694-041-100 694-041=100 100% 100% 5299 Nielson Ave 9006 Silver Lk Rd 599-237-100-4 599-237-159 123-595-100 100% 401 Grand Ave 618-027-100-6 618-027-148 676-441-100 100% 1000 N Forest 637 917 0001 637-916-231 619-911-100 100% 315 Halleck 657 326 000 4 657-326-069 619-911-100 100% Silver Lk Rd loop 4, outhouse 672 817 000 9 672-817-039 519-911-100 100% 5102 Samish Way 682-227-000-2 682-227-042 183-764-100 100% 5280 Northwest 690-717-000-2 690-717-076 179-329-100 100% 322 N Commercial 694 041 3971 694-042-932 694-041-100 100% 9006 Silver Lk CAmp loop 2 696 486 000 8 696-486-086 937-531-100 100% 673 N Lake Samish 701 736 000 4 701-•736-018 519-911-100 •100% 1998 Cherry St Sr Center 757 326 000 2 757-326-055 519-911-100 100% Silver Lk Loop 5, outhouse 762 027 000.4 ' 762-027-033 694-041-100 100% 3373 Mt Baker Hwy 798-9177000-1 798-917-082 705-441-100 100% 509 Girard 805 309 008 3 805-308-166 805-309-948 100% 9981 Mt Baker Hwy 805 309 213 9 805-309-990 805-309-948 100% 311 E Lk Samish Dr 825-491-249 833-687-235-6 825-490-105 833-684-402 825-491-427 833-687-970 100% 100% Lummi Island Fer Dock Various - see below - 126 850-946-044-3 850-940-145 850-946-838 100% 2185 Al pine Way #A 852-726-000-7 852-726-000 943-463-100 100% 316 Lottie St 870 907 380 6 870-900-896 8707907-107 100% 9006 Silver Lk Rd loop 1 Restrm 886-413-211-6 886-416-135 886-413-447 100% 2030 Division St 913 879100 0 913-879-163 619-911-100 100% 9006 Silver Lk Rd 921-227-000-4 921-227-030 187-021-100 100% 311 Grand Ave 927-442-454-9 927-444-312 927-442-407 100% 216 N Commercial 937 866 000 6 937-866-026 694-041-100 100% 811 Marine Dr # HSE 951-717-000-8 951-717-029 681-441-100 100% 401 Grand Ave 957 326 000 8 957-326-046 619-911-100 100% 9129 Silver Lk Rd 972 517100 4 972-517-138 519-911-100 100% 4639 Alderson Rd 9750 833-687-235-6 1041 Smith Rd - Shed corresponds to: 2005 Johnson Rd Pt Roberts 851 Smith Rd 649 E Laurel 127 res1200Sig reenres-emended 9.26.doc PROPOSED BY: Caskey-Schreiber & Weimer SPONSORED BY: 'Consent INTRODUCED: September 12, 2006 RESOLUTION NO. 2006-058 DECLARING WHATCOM COUNTY'S INTEREST IN TAKING A LEADERSHIP ROLE IN THE PROMOTION OF SUSTAINABLE ENERGY BY PROMOTING BOTH ENERGY EFFICIENCY AND PURCHASING RENEWABLE ENERGY FOR THE GOVERNMENTAL OPERATIONS OF WHATCOM COUNTY WHEREAS, human activities over the past 150 years have lead to a changing climate in the 215t century; and WHEREAS, present levels of carbon dioxide are higher than they have been'at any time in the past 650,000 years and could by the year 2050 easily surpass the level of 500 parts per million (ppm)) that Is widely regarded as capable of triggering severe climate changes, without radical Intervention (G. Stlx, "A Climate Repair Manual," Sci n c American, Sept. 2006, p. 46, 52); and WHEREAS, every increase in carbon dioxide (CO2) concentration carries new risks, and avoiding the 50-year projection of 500 ppm would reduce the likelihood of triggering major; Irreversible climate changes, such as the disappearance of the Greenland ice cap (R. Socoiow & S. Pacala, "A Plan to Keep Carbon In Check," Scientific American, Sept. 2006 p. 50); and WHEREAS, 20"' century warming has contributed significantly to the observed sea - level rise through thermal expansion of seawater and widespread loss of land ice (Intergovernmental Panel on Climate Change, Climate Change 2001 Synthesis Report); and WHEREAS, the Puget Sound region warmed at a rate substantially greater than the global warming trend — average annual temperature increased 2.3 degrees Fahrenheit during the 20 century; and WHEREAS, almost everywhere in the Cascades snow pack has declined markedly since 1950 (this trend is consistent with global warming); and WHEREAS, nearly every glacier in the Rocky Mountains, Cascades and Olympics has retreated during the past 50-150 years in response to warming (Puget Sound Action Team Climate Change and its Effects on Puget Sound -Report 2005); and WHEREAS, government can play a lead role in keeping atmospheric carbon below 500 ppm by adopting energy efficient measures and programs, such as utilizing renewable energy; and WHEREAS, the United States holds less than 5 % of the worlds population but produces nearly 25 % of the carbon emissions (G. Stix, "A Climate Repair Manual," Scientific American, Sept. 2006, p. 46); and WHEREAS, the United States has the ability to pave the way for mass commerciallzatlon of renewable energy, which would bring the cost of such renewable energy down, while increasing the environmental benefits and reducing America's dependence on fossil fuels from other nations; and WHEREAS, stabilization of CO2 concentrations at any level requires eventual reduction of global CO2 net emissions to a small fraction of the current emission level; and WHEREAS, the lower the chosen level for stabilization, the sooner the decline In global net CO2 emissions needs to begin (Intergovernmental Panel on Climate Change, Climate Change 2001 Synthesis Report); and 128 WHEREAS, Whatcom County government could reduce its carbon dioxide output by 3,141 tons (which is approximately 1/3 of the county government's total output of CO2) by utilizing renewable energy; and WHEREAS,, this, leadership is'expected to catalyze- additional -efforts by,,the-private sector within Whatcom County as well as to inspire other local governments to action; and WHEREAS, the Environmental Protection Agency's Green Power Partnership provides assistance and recognition to organizations that demonstrate environmental leadership by choosing green power; and WHEREAS, Puget Sound Energy's Green Power Program offers electricity consumers the option of buying green power, which facilitates the emergence of a successful renewable energy industry; and WHEREAS, all revenues from Puget Sound Energy's Green Power Program are reinvested in the Green Power Program as required by state law and subject to audit by the Washi ngton'Utl lities,and Transportation Commission; and WHEREAS, Puget Sound Energy has agreed to explore dedicating a portion of the green power revenues to enhance the development of Green Power Sources here in Whatcom County, which could have the added benefit of an economic enhancement to our agricultural community; and WHEREAS, energy conservation efforts in Whatcom County facilities over the past six years have yielded substantial savings in energy costs and these annual savings exceed the cost -of buying renewable energy credits for 100% of the electricity used -in Whatcom County government owned and operated facilities; and WHEREAS, Sustainable Connections, the City of Bellingham, and Puget Sound Energy have designed • the. Innovative Green -Power, Community • Challenge to encourage greater awareness and participation In the purchase of Green Power. NOW THEREFORE, BE IT -RESOLVED by the Whatcom County Council that we support: 1) PROMOTING THE PURCHASE OF RENEWABLE ENERGY. ,. The County endorses the Green' Power' Community,Challenge and encourages citizens of Whatcom County to participate In Puget Sound Energy's Green Power Program; 2) BECOMING AN EPA GREEN POWER PARTNER. The County Council authorizes the Executive to enter into an agreement with the U.S. Environmental Protection Agency to participate in the Environmental Protection Agency's Green._Pow.er.Partnership, program; 3) PURCHASING GREEN POWER FOR COUNTY GOVERNMENTAL FACILITIES. T001HIV ll begin purchasing renewable energy credits from Puget Sound �1 9� provider equal to 100% of electricity used in government -owned �• t6 In 2007. ap� 6 day of September , 2006. (,� • • 1 ME } .:. • • WHATCOM COUNTY COUNCIL WH EOM COUN , WASHIN N AE Zt______ Dan ,�rowrT-�D�vi�, C er the Council Laurie Casket'-Schrelber, Qbuncll Chair A ! PP �Vt�i14���"�M0 Civil Deputy Prosecutor Pete Kremen, County Executive Date: 0�,, 129 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-042 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: kw 11-I5-06 Originator: " ' %'v ' C, 7 � 1/16/07 Finance/Counc' Division Head. 1� I d� ��A N 9 -- 2E.07 Dept. Head: WI -AT � 0� ,:Pr r, I � {, ; �., ; tL : Prosecutor: i 'tr Purchasin /I3ud et: Executive: TITLE OF 'OCUMENT: Contract for Services Agreement for Pharmaceutical Services at the Whatcom County Jail and Work Center ATTACHMENTS: Letter to Pete Kremen Two originals of the Whatcom County Corrections Pharmaceutical Services Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: The purpose of this agreement is to provide pharmaceutical services in the Whatcom County Jail and Jail Work Center for the period beginning on the First day of January, 2007 and ending on the Thirty first day of December, 2007. This agreement may be renewed for up to four one-year terms by mutual agreement of the parties for a total of five (5) years. 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.wha1com.wa.us/counc1L 130 WHATCOM COUNTY Sheriffs Office Public Safety Building 311 Grand Ave. Bellingham, WA 98225 "tGom SP } tij, V e �y oa 43}i1 FN 11 1_01 C17.7�►i 11111/ I Bill Elfo, Sheriff Wendy Jones, Chief of Corrections RECEIVE® DEC x- s 2006 TO: Pete Kremen, County Executive PETE KREMEN FROM: Bill Elfo, Sheriff COUNTY EXECUTIVE RE: Whatcom County Corrections Pharmaceutical Services Agreement DATE: November 15, 2006 Enclosed are two (2) originals of the Whatcom County Corrections Pharmaceutical Services Agreement between Whatcom County and Hoagland's Pharmacy for your review and signature. ■ Background and Purpose Hoagland's Pharmacy was awarded the County bid for pharmaceutical services for the Whatcom County Jail and Jail Work Center for the next 5 years. Hoagland's Pharmacy has provided excellent pharmaceutical services for the Whatcom County -Jail for over 6 years, meeting the standards set for our accreditation with the National Commission on Correctional Health Care. ■ Funding Amount and Source Funding for this agreement will be from cost center 118160.6320.001. Compensation is dependent upon the amount of pharmacy supplies needed for inmates throughout the year. The amount projected for 2007 is $198,778.00. ■ Differences from Previous Contract This is a new agreement established in 2006 for 2007 and subsequent renewal periods of four years, based on the awarded bid for Jail Pharmaceutical services. The differences in this agreement are: • The addition of services provided to the new Jail Work Center • Additional delivery and procedural changes. Please contact Karen Walker at extension 50467, if you have any questions or concerns regarding the terms of this agreement. Encl. 131 Whatcom County Bid 06-85 Bid. Response Form Name of Bidder mA NO�E: Some of the medication is listed by both brand and generic names, bidders will indicate the pecific medication they are bidding by drawing a line through the medication that DOES NOIs APPLY. i Th4 following prices DO NOT reflect Washington State Sales Tax. Albut6ral MDI - 1 15 $ $2-so $ G y3 Is `(A5 AzmabortMDI - 1 5 $ ►l3•ao $2• $ � 3 $ Cele ex 200 mg 30 1 $89-45 $ Z.5o $ 3.0te $ 91 q3 Ce h lexin/Keflex 500 mg 1 30 5 $ 1.9 $ 2.50 $ .15 $ 4 -4a Amitri line/Elavil 50 mg 90 10 $ 1 Q $ 2.5D $ .o5 $ -44 Fluox tine/Prozac 20 mg 30 5 $ .901 $ 2 SO $ .12 $ .Lk Gaba entin/Neurontin 300 mg 60 5 $ $ 2.5D $ M) $ U -06 Isoni 'de 300 mg 30 30 $ 1•b5 $ 2. $ $ Chlor Libriui iazepoxide/ 1 25 mg 20 3 $ $ 2•50 $ •2 6 11 $ 5•�`-1 Lisino dl/Zestdl 10 mq 30 2 $ 1.252 $ Z •5o $:. %5 $ 3. `32. Lithiui ri Carbonate 300 mg 90 3 $ 2. `-( $ 2-50 $. - 06 $ 5.'k Ibu r fen/Motrin 800 mg 30 10 $ .40k $ 2.50 $ • t'�- $ 3• �l� Phen oin/Dilantin 100 mq 60 4 $ 13-% $ 2. $ ,2'i $ ib• , Prilos c aG 20hi4 30 5 $ IT M $ 2.50 $ . bZ $ la CA Ranitddine/Zantac 150 mg 30 5 $ 1.65 $ Z•Ya0 $ • i`1 $ -1E Ris a 'done 0 - 60 10 $ -,* AA $ 25D $ 3.44 $ 2&b-AA Se tr DS - 30 1 $ [.q$ $ 2.5o $ . %5 $ -A • ` S -Sustiv Ateno a olrrenormin 200 mg 25 mq 90 30 1 2 06A.W\ $ . blo $ 2.50 $ -2•50 $ 4.41 $ -l . $ AAT1t� $ -3•t6 Vicodin 51500 mg 20 1 $ . V $ 2.5D $. .16 $ 3.16 Zypre a 20 mg 30 5 $ 40 .% $ 2-Eo $,20-1` $ 60q.36 Subtotal Total Annual Cost for List of Selected Drugs (subtotal x12) $ 5`72..50 $ ( O.QO 8 132 Whatcorn County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: Whatcom County Jail Contact Person: Karen Walker, Administrative Coordinator Hoagland's Pharmacy Contractor's Name: 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 A mount: (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 memo. Any amendment that provides either a 10% increase in amount or more than Based on the cost of pharmaceutical supplies $10, 000, whichever is greater, must also go to Council and will need an agenda bill as indicated in the formulary and supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Scope of Services The contractor will supply or have supplied all the products and service as set forth in the bid specifications for pharmaceutical services for the Whatcom County Jail. Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed _ Open Ended Term of Contract: ) year Expiration Date: 1213112007 Renewal Option Yes X No Last Renewal Expires: 1213112011 Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff-, - Lssi n or initial) jindicate date transmitted) 1. Prepared by: KWalker Date 11-14-06 [electronic] 2. Attorney reviewed. Date. — [electronic] 3. AS -Finance rewiewed: Date /4Zg d electronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signofj: Date 6. Contractor signed: Date 17(a 7. Submitted to Exec Office Date summary via electronic; hardcopies] 8. Reviewed by DCA Dale 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 133 (;0 U C ty�' T Y ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT Jo taw For Pharmaceutical Services at the Whatcom County Jail and Work Center Hoagland's Pharmacy, 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 9 , Exhibit B (Compensation), pp. 10 to 10 , 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 First day of January, 2007, regardless of date of signature, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 3lst day of December, 2007. The general purpose or objective of this Agreement is to -provide pharmaceutical services for the Whatcom County Jail and Work Center, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in casc of any conflict between it and that provided here. Prescription fees are to be as bid, comprised of supplier cost plus fee, plus applicable taxes, based on supplier pricing as of January 1, 2007. 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 f 1.1, 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 , 20 CONTRACTOR: Hoagland's Pharmacy Carl 11,Ml, Operations Manager STATE OF WASHINGTON ) } ss. COUNTY OF QJ�-LQM ) On this T1 day of 044" C 2066 before me personally appeared Carl Neal tome known to be the Owner of Hoagland's Pharmacy 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 t My commission expires R r l a 134 WHATCOM COUNTY: Recommend for A roval: D partment Dire or Date Approved as to form: Prosecuting Aft y Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON } ) ss COUNTY OF WHATCOM ) On this day of , 20 J 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. CONTRACTOR INFORMATION: Hoagland's Pharmacy Carl Neal, Operations Manager Address: 2330 Yew St. Bellingham, WA 98229 Mailing Address: Same as above Contact Name: Carl Neal, Operations Manager Contact Phone: 360.734.54I3, ext 202 Contact FAX: 360.734.1454 Contact Email: cneal@hoaglandpharmacy.com NOTARY PUBLIC in and for the Washington, residing at commission expires State of My 2 135 GENERAL CONDITIONS 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. 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. 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 defau[t(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shal [ 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. 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 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." 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 136 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. 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 "S" 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 he/she/it 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. 30.3 No Guarantee of Employ 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. 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, 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 4 137 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 34.3 Defense & Indemnity Amement: 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 there from, 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. Conversely, the Whatcom County Sheriff's Office shall indemnify and hold harmless the contractor, its agents, servants and/or employees and/or medical and/or dental care staff from any and all claims, actions, lawsuits, damages, judgments or liabilities arising out of the operation and maintenance of the Whatcom County Jail, including maintaining security, as well as acts performed by the contractor done in the course of providing medical care for Whatcom County. 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 opportimity 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 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 any employees. 138 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 his/her/its 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. 36.2 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 eontract 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 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 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: COUNTY CONTRACTOR Wendy Jones, Chief of Corrections Carl Neal, Owner Whatcom County Sheriffs Office Hoagland's Pharmacy 311 Grand Avenue 2330 Yew St. Bellingham, WA 98225 Bellingham, WA 98229 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. 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. 6 139 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. 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. 140 EXHIBIT "A" (SCOPE OF WORK) THE PARTIES CONTRACT AND AGREE AS FOLLOWS: 1. The Contractor shall supply or have supplied all the products and service in accordance with the terms of this agreement, and the specifications, and the bid. 2. The term of this agreement is January 1, 2007 through December 31, 2007. The effective date for this agreement shall be January 1, 2007, regardless of the date of signature. 3. This agreement may be renewed for up to four (4) one-year terms by mutual agreement of the parties for a total of 5 years. Either party on or before December 1st of any year shall present notice of the intention to extend the agreement in writing. This agreement shall be binding upon the parties hereto, their successors, and assigns. Either party may wlthdraw from the agreement with or without case by providing the other party with 90 days written notice. 4. Prescription fees are to be as bid. Prescription prices to the county are to be comprised of supplier cost plus fee of $2.50, plus applicable taxes. Supplier cost is to be based on supplier pricing as of January 1, 2007. 5. Supplier price change notices to the Contractor will govern product price adjustments. The contractor agrees to notify Whatcom County Central Purchasing periodically, at least quarterly, by providing either copies from a pricing guide that lists monthly price changes, or copies of Hoagland's Pharmacy purchase invoices. 6. Payment for products supplied and services rendered will be in accordance with County payment procedures upon receipt of valid invoices. 7. Contractor will provide medication and medical supply deliveries to the Whatcom County Jail and Jail Work Center 24 hours a day, 7 days a week. A pager and/or cell phone system shall be in place so that essential medications can be ordered and delivered within four (4) hours. 8. Contractor shall deliver all orders placed by Jail Health Program (JHP) staff within six (6) hours. On occasion, JHP staff may place orders and request expedited delivery. The contractor will make every effort to accommodate those situations. Orders may be phoned in, faxed, or placed via secure electronic transmission. 9. Medication orders faxed from the local hospital after business hours may be filled during regular business hours providing the delay is medically appropriate. 10. Contractor will label all medications in accordance with Washington State labeling laws. This may require including both generic and brand names on medication labels. 11. All medication will be in unit doses and the County and the Contractor shall work cooperatively to make sure any unit dose packing system will be compatible with the Jail's medication carts. I2. Contractor will pick up any unused medications that are unit dose packaged. Credit for the unused medications still in unbroken unit dose bubbles, will be provided to the County. 13. Contractor will perform quarterly pharmaceutical inspections with the Whatcom County Jail and complete a written inspection report. The areas of inspection will include, at a minimum, appropriate storage of meds, appropriate records to insure adequate control and accountability for meds, the presence or absence of outdated, discontinued or recalled meds, periodic reviews/stop dates of DEA- 141 controlled drugs, review the appropriate use of formulary and the existence of policies and procedures. The review will be forwarded to the 7HP supervisor. 14. Contractor agrees that they will comply or ensure compliance with all applicable Federal, State, or County laws, rules and regulations. 15. The Contractor shall not assign or subcontract any portion of the services provided within the terms of this agreement. All terms and conditions of this agreement shall apply to any approved subcontract or assignment related to this agreement. 16. The parties intend that an independent Contractor/County relationship will be created by this agreement. No agent, employee, servant, or representative of the Contractor shall be deemed to be an agent, employee, servant, or representative of the County for any purpose. Employees of the Contractor are not entitled to any of the benefits which the County provides for County employees. The Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors or otherwise, throughout the term of this agreement. 17. If the Contractor fails to comply fully with the terms of this agreement, the County may pursue such remedies as are legally available including, but not limited to, the suspension or termination of this agreement in the manner specified herein: If the Contractor fails to comply with the terms of the agreement, or whenever. the Contractor is unable to substantiate full compliance with the provisions of this agreement, the County may suspend the agreement until such time as Contractor demonstrates full compliance with same. Such suspension shall be effective upon Contractor's receipt of written notice. b. This agreement may be terminated in whole or in part by either party giving 30 days advance written notice to the other party. c. In the event of termination under this clause; the County shall be liable only for payments in accordance with the terms of this agreement for services rendered up to the effective date of this termination. I8. This agreement has been and shall be construed as having been made and delivered within the State of Washington, and shall be governed by the laws of the State of Washington, both as to interpretation and performance of any action in law, equity or judicial proceedings for the enforcement of this agreement, or any provisions thereof, shall be instituted and maintained in the courts of competent jurisdiction located in Whatcom County, Washington. 19. The failure of the county to insist upon strict performance of any of the covenants and agreements of this Contract, or to exercise any option herein conferred, in any one or more instances shall not be construed to be a waiver or relinquishment or modification of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect 142 EXHIBIT "B" (COMPENSATION) BILLING FOR SERVICES RENDERED: As consideration for the services provided and described in this agreement, the County agrees to reimburse the Contractor upon submission of an itemized bill for services rendered at the end of each month. The contractor shall provide the County an itemized bill for medical prescriptions and supplies provided at the end of each month, and, as stated in item 5 above, payment will be in accordance with County payment procedures upon receipt of such invoices. As Whatcom County Corrections is required to pay for medical costs of inmates housed therein, it is understood that costs will continue to be covered for medical supplies. All bills received after the first of the month shall be paid by the end of the month. It is understood that at the end of the calendar year, all bills for services must be presented to the county by January 10 of the following year or no payment will be made until one (1) year later. 10 143 WHATCOMCOUNTY COUNCIL AGENDA BILL NO. 2007-043 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: kw 12-06-06 Ori inator: 1/16/07 finance/Counc' Division Head: W I�iilJ� Dept. Head.• li4 f 1.A' G NA. Prosecutor: Purchasin /Bud et: ge �p Executive: TITLE OF DOCUMENT: Contract for Services Agreement for Physician Services at the Whatcom County Jail and Work Center ATTACHMENTS: Letter to Pete Kremen Two originals of the Whatcom County Corrections Physician Services Agreement SEPA review required? { ) Yes ( X ) NO Should Clerk schedule a hearing? { J Yes { X ) NO SEPA review completed? { ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: The purpose of this agreement is to provide physician services in the Whatcom County Jail and Jail Work Center for the period beginning on the First day of January, 2007 and ending on the Thirty first day of December, 2007. This agreement may be renewed for up to four one-year terms by mutual agreement of the parties for a total of five (5) years. 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.usleouncil. 144 WHATCOM COUNTY Sheriffs Office Public Safety Building 311 Grand Ave. Bellingham, WA 98225 MEMORANDUM TO: Pete Kremen, County ExecY FROM: Bill Elfo, Sheriff �'. RE: Whatcom County Corrections Physician Services Agreement DATE: December 6, 2006 Bill Elfo, Sheriff Wendy Jones, Chief of Corrections Enclosed are two (2) originals of the Whatcom County Corrections Physician Services Agreement between Whatcom County and Dr. Stuart Andrews, MD, for your review and signature. ■ Background and Purpose Dr. Stuart Andrews was awarded the County bid for physician services for the Whatcom County Jail and Jail Work Center for the next 5 years. Dr. Stuart Andrews acted as a locum in the absence of Dr. Grant Deger over the past year or more. When Dr. Deger resigned his position recently, Dr. Andrews filled in and has continued to provide excellent care for inmates in the Whatcom County Jail. He is very well oriented in continuing to meet the standards set for our accreditation with the National Commission on Correctional Health Care. ■ Funding Amount and Source Funding for this agreement will be from cost center 118160.6635.006. The maximum annual compensation to the Contractor for this contract shall not exceed $46,000. ■ Differences from Previous Contract This is a new agreement established in 2006 for 2007 and subsequent renewal periods of four years, based on the awarded bid for Jail Physician services. The differences in this agreement are: • The addition of services provided to the new Jail Work Center • A new physician for the Jail and Work Center Please contact Karen Walker at extension 50467, if you have any questions or concerns regarding the terms of this agreement. Encl. 145 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ao(.,iayl Originating Department: Whatcom County Jail Contact Person: Karen Walker, Administrative Coordinator Contractor's Name: Dr. Stuart Andrews, MD 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 memo. Any amendment that provides either a 10% increase in amount or more than Compensation not to exceed $46, 000 annually. $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 Executive with supporting memo or approval. Scope of Services The contractor will provide physician services to the Jail inmates as well as be available for telephone consultation with jail medical personnel from 7 AMM to 7 PMMonday through Friday. Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed T Open Ended Term of Contract: l year Expiration Date: 1213112007 Renewal Option Yes X No Last Renewal Expires: 1213112011 Special Dates or clauses that require calendaring: Contract Routing Steps & Signor: (sign or initiall [indicate date transmitted] 1. Prepared by: KWalker Date 12106106 [electronic] 2. Attorney reviewed: Date (electronic] 3. AS -Finance rewiewed.- � elm Date ? / electronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signoj9 Date 6. Contractor signed Date 7. Submitted to Exec Office V, Date 2 p summary via electronic; hardcopies] 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 146 COUNTY ORIGINAL Whatcom County Contract No. a.Q(2 a 1 CONTRACT FOR SERVICES AGREEMENT For Physician Services at the Whatcom County Jail and Work Center Dr. Stuart Andrews, hereinafter called Contractor, and Whateprn Gaunty, herei after referred to- as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 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 First day of January, 2007, regardless of date of signature, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2007. The term of this Agreement may be renewed for up to four (4) one-year terms for a total of five (5) years by mutual agreement of the parties. Notice of the intention to extend the agreement shall be presented in writing by either party on or before December V of any year. The general purpose or objective of this Agreement is to provide physician services for the Whatcom County Jail and Work Center, 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. Physician services are to be as bid. 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 1 day of ( 206_&�. CONTRACTOR: Dr. Stuart Andrews, MD STATE OF WASHINGTON ) ss. COUNTY OF 1 -1;LJ On this � day of G , 20CL before me personally appeared Dr. Stuart Andrews, MD, known to me and who executed the above instrument and who acknowledged to rp5,the act of signing and]seating thereof, at and for the State of Washington, �. My commission expires H:IC0NTRACTS120075Medica1Wew doc 321106.doc 12/11r2006 3:43:31 PM 1 147 WHATCOM COUNTY: Recommended for Approval: r-Z I -,a* L— . 1 1 1 - . ate Approved as to form: 21 Z��L Prosecuting Atto Date Approved: Accepted for Whatcom County: By: Pete Krcmcn, 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 CONTRACTOR INFORMATION: Dr. Stuart Andrews, MD Address: 1516 40t' St. Bellingham, WA 98229 Mailing Address: Same as above Contact Phone: 360.734.4300 Contact FAX: 360.752.0274 Contact Email: sra@comcast.net HACONTRACTS120071MedicallNew doe 120106.doc 12/6/2006 3:28:48 PM 2 148 GENERAL CONDITIONS 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. 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. 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. 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 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." 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 HACONTRACTS120071MedicallNew doe 121106.doe 12/11/2006 3:53:15 PM 3 149 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. 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 he/she/it 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. 30.3 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. 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 aequired 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, 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. 34.3 Defense & Indemnity Agreement: Whatcom County recognizes that the provision of reasonable care for medical and or dental services is a nondeligable duty. As such, Whatcom County shall indemnify and hold harmless the Contractor, its agents, H:\C0NTRACTS\2007\Medica1Wew doc 121106.doc 12/1 Il2006 3:44:29 PM 4 150 servants and/or employees and/or medical and/or dental care staff from any and all claims, actions, lawsuits, damages, judgmcnts or liabilities arising out of the operation and maintenance of the Whatcom County Jail, including maintaining security, as well as acts performed by the contractor done in the course of providing medical care for Whatcom County, unless such action based upon an objective standard is Wanton or Malicious and would be a violation of public policy to cover, including but not limited to sexual or assaultive behavior. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.2 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 his/her/its 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. 36.2 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 State 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 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 Offieer for purposes of this agreement is: COUNTY CONTRACTOR Wendy Jones, Chief of Corrections Dr. Stuart Andrews Whatcom County Sheriffs Office 1516 40th St. 311 Grand Avenue Bellingham, WA 98229 Bellingham, WA 98225 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. 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. H:IC0NTRACTS120071Medica1Wew doc 121106.doc 12/11/2006 3:4429 PM $ 151 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 contraet 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 (I) 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 (I0) 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. 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 A eement: 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. H:IC0NTRACTS120071MedicallNew doc 121106.doc 12/11/2006 3:44:29 PM 6 152 EXHIBIT "A" (SCOPE OF WORK) I. SERVICES TO BE PERFORMED It is envisioned that the Contractor will provide the following service to the County. 1. Conduct sick call at the County Jail, the time of which shall be mutually agreeable to the Contractor and the Chief Corrections Officer. (a) Examine, diagnose, prescribe, and provide appropriate treatment for prisoners who are manifesting symptoms of acute and/or chronic illness or injury. (b) Order appropriate and necessary laboratory and x-ray services. (c) Record on the permanent Jail Health Record necessary history and physical findings, diagnoses and orders for treatments. This may include entry into an Electronic Medical Records system. (d) Refer to local specialists only those patients whose medical problems cannot be adequately addressed by other methods or manners, including, but not limited to, consultation with the appropriate specialist, review of written reports, interpretation of medical test results. (e) Have access to a number of different physicians, representing a variety of medical specialties, to be available for consultation. (f) Provide consultation and necessary medical supervision to the Jail nurses and other jail personnel on matters relating to the health of the prisoners. Conduct staff meetings every month with jail medical personnel to address jail medical concerns and protocols. (g) The Contractor may, on occasion, make arrangements to see an inmate whose condition requires urgent care that cannot be delayed until the next scheduled medical clinic. (h) Be willing to work with the health care practitioners at the jail to provide information clarification, and opinion regarding medical situations, including, but not limited to: course of treatment, necessity of immediate or postponed direct examination, ordering or interpreting medical tests. (i) Be willing to utilize a pre -established medication formulary when prescribing medication, except when use of a formulary medication would represent less than the standard of care found in the community, or is medically contraindicated. (ii) Provide for telephone consultation with jail medical personnel from 7AM to 7PM Monday through Friday. II. GENERAL CONDITIONS A. The medical care delivery system must conform to County Standards for medical services provided in the Whatcom County code as set by state Iaw and any and all Federal, State and Local laws and rules. The system must also conform to the Standards for Medical Services in Jails, developed by the National Commission on Correctional Health Care (NCCHC). In the case of a conflict, it is understood that the general parameters for medical services'provided in the Whatcom County Jail are set by Federal, State and Local laws and rules, with NCCHC standards providing the specific criterion whereby these standards are exercised. H:ICONTRACTS120071MedicailNew doc 12I 106.doc 12/t M2006 3:44:29 PM 7 153 B. The Contractor shall use the jail facility whenever possible and/or appropriate in the performance of its duties for this service. C. The Contractor shall have no responsibility for security at the Whatcom County Jail or for the custody of any inmate at any time, such responsibility being solely that of the Whatcom County Jail. The Contractor shall have primary, but not exclusive, responsibility for the identification, care and treatment of inmates requiring medical care. On these matters of mutual concern, the Sheriff and his staff shall support, assist and cooperate with the Contractor, and the Contractor shall support, assist and cooperate with the Sheriff, whose decision in any non- medical matter shall be final. D. Standing orders, rules, and regulations relating to medical services are generally to be established and implemented as the result of coordinated planning and agreement of the Contractor, Jail Administration and other contracting providers. E. In areas which impact the security and general administration of the Whatcom County Jail, the Policies and Procedures of the Contractor are subject to review and approval of the Whatcom County Sheriff's Office. F. The Contractor may not assign the obligations or the rights of the Contractor under this agreement without the express written consent of the Whatcom County Sheriffs Office, whose consent shall not be unreasonably withheld. G. Contractor will assist the County in obtaining the services of a licensed, qualified physician to serve as a loeum in the event the Contractor will be unable to provide clinic services. Contractor will not be paid for any clinic services provided by a locum, and funding for locum coverage will be deducted from contractor's allocation. III. IT IS FURTHER UNDERSTOOD 1. This contract does not obligate the jail staff to refer all unscheduled medical patients to the Contractor exclusively. The jail staff or nurse may refer patients to other physicians for care as they feel necessary. HACONTRACTS1 OOTMedicallNew doe 121106.doc 12/11/2006 3:44:29 PM g 154 Exhibit B (Compensation) I. BILLING FOR SERVICES RENDERED 1. The County shall pay the Contractor for services rendered at a monthly rate of $3,570.83. 2. The Contractor will submit a statement to the County by the 10 h of each month attesting that the following minimum monthly service has been provided to the County. 40.75 hours per month of direct patient care. Four and one-half hours of patient records review Six and one-half hours of administrative, nursing staff and medical health meetings. Physician accessibility from 7 A.M. to 7 P.M. Monday through Friday for phone consultation. 3. The Contractor may not work more then 40.75 hours a month or 489 hours a year without approval of the Chief of Corrections. 4. The County will provide the Contractor with an annual continuing education allowance, not to exceed $1,500, when the education is directly related to Jail operations. The Chief of Corrections must pre -approve all continuing education. The Contractor will be responsible for paying all costs of said education and shall submit an invoice to the County for these costs with substantiating receipts, not to exceed $1,500.00. 5. The County will provide the Contractor a cellular phone and service to accommodate the `on call' requirements of this contract. The County will pay the cellular phone vendor monthly for the Contractor's phone. If the Contractor has to use this phone for calls other than his service to the County, he will be responsible for paying those monthly charges with a check. 6. The maximum annual compensation to the Contractor for this contract shall not exceed $46,000.00 II. PAYMENT FOR SERVICES 1. All bilIs received after the first of the month shall be paid by the end of the month. It is understood that at the end of the calendar year, all bills for services must be presented to the county by January 10 of the following year or no payment will be made until one (1) year later. HACONTRACTS12007WedicalNew doe 121106.doe I2/15/2006 9 155 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2007-044 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: kw 12-06-06 Originator: 1/16/07 Finance/Counci Division Head. 21,107 Dept. Head: Prosecutor: PurchasinglBudizet. _ Executive: TITLE OF DOCUMENT.• Contract for Services Agreement for Dental Services at the Whatcom County Jail and Work Center ATTACHMENTS. Letter to Pete Kremen Two originals of the Whatcom County Corrections Dental Services Agreement SEPA review required? Yes X ) NO Should Clerk schedule a hearing ? Yes X NO SEPA review completed? Yes ) NO Requested Dale: SUMMARYSTA TEMENT OR LEGAL NOTICE LANGUAGE: The purpose of this agreement is to provide dental services in the Whatcom County Jail and Jail Work Center for the period beginning on the First day of January, 2007 and ending on the Thirty first day of December, 2007. This agreement may be renewed for up to four one-year terms by mutual agreement of the parties for a total of five (5) years. 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.wha1com.wa.us/counciL 156 WHATCOM COUNTY Sheriff's Office Public Safety Building 311 Grand Ave. Bellingham, WA 98225 "0 M co P • `y 9'To 114G�C 0 Bill Elfo, Sheriff Wendy Jones, Chief of Corrections RECEIVED DEC 15 2006 TO: Pete Kremen, Count�y%EExecutive PETS KREMEN FROM: Bill Elfo, Sheriff'1/ I tea-- COUNTY EXECUTIVE RE: Whatcom County Corrections Dental Services Agreement DATE: December 6, 2006 Enclosed are two (2) originals of the Whatcom County Corrections Dental Services Agreement between Whatcom County and Dr. Rich Ullsmith, DDS, for your review and signature. ■ Background and Purpose Dr. Rich Ullsmith, DDS, has provided dental services for inmates in the Jail since March 1, 2002. His dental service complies with the accreditation requirements of the National Commission on Correctional Health Care. ■ Funding Amount and Source Funding for this contract comes from the Whatcom County Budget, in cost center 1860.6635.006. The maximum annual compensation available under this agreement is 42,005 46,000 ■ Differences from Previous Contract This is a new agreement established in 2006 for 2007 and subsequent renewal periods of four years, based on the awarded bid for Jail Dental services. The differences in this agreement are: a The addition of services provided to the new Jail Work Center Please contact Karen Walker at extension 50467, if you have any questions or concerns regarding the terms of this agreement. Encl. 157 Whatcorn County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department. Whatcom County Jail Contact Person: Karen Walker, Administrative Coordinator Contractor's Name: Dr. Rich Ulsmith, DDS Is this aNew Contract? Ifnot, 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 00� JN00 memo. Any amendment that provides either a 10% increase in amount or more than Compensation not to exceed annually. $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 Executive with supportingsapporting memo or approval. Scope of Services The contractor will provide dental services to the Jail inmates and be available for dental services on an average of one session every week with a maximum of forty- two eight -hour sessions per calendar year. Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed_ Open Ended Term of Contract:) year Expiration Date: 1213112007 Renewal Option Yes X No Last Renewal Expires: 1213112011 Special Dates or clauses that require calendaring: Contract Routinm Steps & Signo{I- Isien or initial) (indicate date transmitted) 1. Prepared by: KWalker Date 12106106 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS` Finance rewiewed. �J yt Date 1. electronic] 4. Corrections made: Date (electronic] hard copy printed 5. Attorney signo Date 6. Contractor signed: Date 7. Submitted to Exec Office [� Date summary via electronic; hardcopies] 8. Reviewed by DC,4 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 farm may need to expand to more than one page 158 s. �` ! t Whatcom County GOIUNT } 1t:�=�=��. Contract No. aoolaiaoaa CONTRACT FOR SERVICES AGREEMENT For Dental Services at the Whatcom County Jail and Work Center Dr. Rich Ullsmith, DDS, 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 6 , Exhibit A (Scope of Work), pp. 7 Exhibit B (Compensation), pp. 8 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 First day of January, 2007, regardless of date of signature, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2007. The term of this Agreement may be renewed for up to four (4) one-year terms for a total of five (5) years by mutual agreement of the parties. Notiee of the intention to extend the agreement shal l be presented in writing by either party on or before December I" of any year. The general purpose or objective of this Agreement is to provide dental services for the Whatcom County Jail and Work Center, 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. Dental services are to be as bid. 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 10! `-day of Le 200(,,--. CONTRACTOR: 5�: S Dr. Rich Ullsmith, DDS STATE OF WASHINGTON } COUNTY OF Q_J`J V )ss. On this day of ^ ' 200k before me personally appeared Dr. Rich Ullsmith, DDS, known to me and who executed the above instrument and who acknowledged torne�e act of signing an� sealing thereof. Y PUBLIC m pnd for the State of Washington, ,at My commission expires 2007 Dental Services Agreement H:%C0NTRACTS120071Medica[Wcw dental 07.doc, 12/11/2006 4:40:28 PM 159 WHATCOM COUNTY: Recommended for Approval: Depa t Di ctor Date Approved as to form: Prosecuting Atto a Da#e �L Apt: 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 CONTRACTOR INFORMATION: Dr. Rich Ullsmith, DDS Address: 3311 Oregon PI Bellingham, WA 98226 Mailing Address: Same as above Contact Phone: 360.647.0830 Contact FAX: N/A Contact Email: ullsmith@comeast.net MCONTRACTS120071MedicalVew dental 07.doc, 12/6/2006 3:22:02 PM 2 160 GENERAL CONDITIONS 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. 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. 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. 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 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." 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 2007 Dental Services Agreement MCONMACTS120071MedicallNew dental 07.doc, 12/11/2006 4:40:29 PM 161 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. 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 he/shelit 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. 30.3 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. 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, 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. 34.3 Defense & Indemnity Agreement: Whatcom County recognizes that the provision of reasonable care for medical and or dental care is a nondeligable duty. As such, Whatcom County shall indemnify and hold harmless the Contractor, its agents, 4 2007 Dental Services Agreement H:IC0NTRACTS120071Medical\New dental 07.doc, 12/11/2006 4:40:28 PM 162 servants and/or employees and/or medical and/or dental care staff from any and all claims, actions, lawsuits, damages, judgments or liabilities arising out of the operation and maintenance of the Whatcom County Jail, including maintaining security, as well as acts performed by the contractor done in the course of providing medical care for Whatcom County, unless such action based upon an objective standard is Wanton or Malicious and would be a violation of public policy to cover, including but not limited to sexual or assaultive behavior. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.2 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 his/her/its 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. 36.2 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 State 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 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: COUNTY CONTRACTOR Wendy Jones, Chief of Corrections Dr. Rich Ullsmith, DDS Whatcom County Sheriff's Office 3311 Oregon Pl. 311 Grand Avenue Bellingham, WA 98226 Bellingham, WA 98225 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. 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. 2007 Dental Services Agreement HACONTRACTS120071MedicallNew dental 07.doc, 1211I/2006 4:40:28 PM 163 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 eontract 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. 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. 2007 Dental Services Agreement RXCONTRACTS120071MedicahNew dental 07.doc, 12/1112006 4:40:28 PM 164 EXHIBIT "A" (SCOPE OF WORK) SERVICES TO BE PERFORMED Contraetor eovenants to perform the following outpatient serviees: 1. Conduct dental calls at the County Jail on average of (1) session every week with a maximum of forty-two (42) four-hour sessions per calendar year, the time and date of which shall be mutually agreeable to the Contractor and the Chief of Corrections or their designee for a total of 168 hours. (a) Examine, diagnose and prescribe appropriate treatment for prisoners for treatment of acute pain and/or debilitating dental conditions. This treatment shall be in the form of either a temporary filling, removal of a problem tooth or treatment of an oralldental infection. (b) Order appropriate and necessary laboratory and x-ray services. (c) Record necessary history and physical findings, diagnoses and orders for treatments on the permanent Jail Health Record. (d) Refer to local specialists all patients requiring specialized care. (e) Provide. consultation and necessary dental supervision to the Jail nurses and other jail personnel on matters relating to the dental care of the prisoners. (f) Provide the equipment needed to examine, diagnose and treat the offenders. The Whatcom County Jail owns a dental chair, dental X-ray machine and developer but does not own any other dental equipment. (g) Provide any ancillary personnel (dental technician or hygienist) needed to assist the dentist. 2. Provide primary dental care in the Contractor's clinic on a space available basis, during regular office hours, for prisoners whose condition require urgent care which should not be delayed until a scheduled dental call session. 3. The contractor will provide dental advice to the Jail staff via telephone at any hour, without charge, when he is on call. The contractor will provide in -patient treatment when indicated, when on call. If another dentist or health care provider initiates in -patient treatment due to unavailability of the contracting dentist, the contractor agrees to accept the patient from the other dentist on the following weekday, holidays excluded. 4. This contract does not obligate the jail staff to refer all unscheduled dental patients to the contractor exclusively. The jail staff or nurse may refer patients to other dentists for care as they feel necessary. 5. This contract is not intended to provide for in -patient services. However, the contractor may refer prisoners to himself for dental care of such services which he is competent and certified to care for or he may refer patients to any competent local specialist with appropriate training. Patients requiring major surgery shall always be referred to certified specialists. The contracting dentist will accept welfare assignment for in -patients if the jail arranges for eligibility. All other in -patient fees will be billed to the Jail at the usual and customary fees charged to other similarly positioned patients. All referrals shall be made only after giving notice to the County that a patient referral will be made. 6. Other dentists who share a call schedule with contractors are under no obligation to communicate with or render any services to the jail. 2007 Dental Services Agreement H:ICONTRACTS120071MedicalWew dental 07.doo, 12t1812006 12:57:57 PM 165 EXHIBIT "B" (COMPENSATION) 1. The contractor shall provide the County an itemized bill for services rendered at the end of each month. 2. Dental services shall be itemized by the day and time. Each session will be billed at a minimum one hour of service at $130.00 for the first hour or any part thereof. Time in excess of one hour will be billed in increments of one half hour at $65.00 per each half hour, or part thereof. The maximum annual compensation shall not exceed $25,000.00 unless amended by mutual agreement. 3. In the event of cancellation of a previously scheduled appointment, with less than twelve (12) hours notice, compensation shall be paid in the amount of $40.00 for the dentist being available on a "stand-by" basis. 4. Services provided in the Contractor's office shall be charged at usual and customary fees charged to private similarly positioned patients receiving equal service. These services shall be billed by the prisoner's name and type of service rendered. S. All bills received by the 10'h of the month shall be paid by the end of the month. It is understood that at the end of the calendar year, all bills for services must be presented to the County by January 10 of the following year or no payment will be made until one (1) year later. 8 2007 Dental Services Agreement H:1C0N7RACTS120071MedicaliNew dental 07.doc, 12/18/2006 12:57:57 PM 166 2007-045 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council O rce Agenda Date Assigned to: kw 12-06-06 Originator: r _ ,� n 1/16/07 Finance/Count Division Head: Dept Head: k f!"t"1 �010 C4 UiN! I�' Prosecutor: Purchasin 1B,{ud t: �';) Executive: /r0 TITLE OF DOCUMENT.• Contract for Services Agreement for Psychiatric Services at the Whatcom County sail and Work Center ATTACHMENTS: Letter to Pete Kremen Two originals of the Whatcom County Corrections Psychiatric Services Agreement SEPA review required? { ) Yes { X ) NO Should Clerk schedule a hearing ? { ) Yes { X ) NO SEPA review completed? { ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. - The purpose of this agreement is to provide psychiatric services in the Whatcom County Jail and .sail Work Center for the period beginning on the First day of January, 2007 and ending on the Thirty first day of December, 2007. This agreement may be renewed for up to four one-year terms by mutual agreement of the parties for a total of five (5) years. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are avallable for viewing and printing on the County's website at: www.co.whatcom.wa.us/counciL 167 WHATCOM COUNTY Sheriffs Office Public Safety Building 311 Grand Ave. Bellingham, WA 98225 MEMORANDUM Bill Elfo, Sheriff Wendy Jones, Chief of Corrections RECEIVED TO: Pete Krernen, County Execu 've DEC 1 8 2006 PE rE KREMEN FROM: Bill Elfo, Sheriff r ��--- COUNTY EXECUTIVE RE: Whatcom County Corrections Psychiatric Services Agreement DATE: December 6, 2006 Enclosed are two (2) originals of the Whatcom County Corrections Psychiatric Services Agreement between Whatcom County and Whatcom Counseling and Psychiatric Clinic, for your review and signature. Background and Purpose Whatcom Counseling and Psychiatric Clinic has worked in the Jail for years, providing a valuable service required in our accreditation with the National Commission on Correctional Health Care. Funding Amount and Source Funding for this addendum will be from 1860.6635.006. Money has been appropriated in the 2007 budget for this purpose. Differences from Previous Contract This is a new agreement established in 2006 for 2007 and subsequent renewal periods of four years, based on the awarded bid for Jail Psychiatric services. The differences in this agreement are: • The addition of services provided to the new Jail Work Center • The hourly rate of pay for services is increased from $110 to $130 per hour. • The maximum annual compensation has increased by $12,444, due to the increase of hourly wages, which properly reflects current market conditions. Please contact Karen Walker at extension 50467, if you have any questions or concerns regarding the terms of this agreement. Encl. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. A04Q0as Originating Department: Whatcom County Jail Contact Person: Karen Walker, Administrative Coordinator Contractor's Name: Whatcom Counseling & Psychiatric Clinic 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 memo. Any amendment that provides either a 10% increase in amount or more than Compensation not to exceed $34,320.00 $10,000, whichever is greater, must also go to Council and will need an agenda bill annually. and supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Scope of Services Provide psychiatric services for Inmates at the Whatcom County Jail and Work Center. Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed _ Open Ended Term of Contract. I year Expiration Date: 1213112007 Renewal Option Yes X No Last Renewal Expires: 1213112011 Special Dates or clauses that require calendaring: L=== Contract Routing Steps & Signo . si2n or initial) (indicate date transmitted) 1. Prepared by: KWalker Date 12106106 [electronic] 2. Attorney reviewed: 3. AS -Finance rewiewed: Date [electronic] Date electronic] 4. Corrections made: Date relectronic] hard copy printed 5. Attorney signofj` Date -•1 6. Contractor signed. L - Date 7. Submitted to Exec Office Date summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (f 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 169 Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEYREVIEW [submit via electronic transmittal] Originating Department: Whatcom County .Tail Contact Person: Karen Walker Contractor's Name: I Whatcom Counseling and Psychiatric Clinic First Review: p4pproved As Is; Prepare Hardcopy for Signoff Needs Revision; Attorney Comments for suggested changes: Second Review: amplemented Attorney Corrections as Indicated Q4pproved; Prepare Hardcopy for Signoff L7Additional Corrections Needed, Attorney Comments far suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. 170 COUNTY ORIGINAL WhatcontCounty Contract No. �2oo(ola0a5 CONTRACT FOR SERVICES AGREEMENT For Psychiatric Services at the Whatcom County Jail and Worm Center Whatcom Counseling and Psychiatric Clinic, 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 6 , Exhibit A (Scope of Work), pp 7 & 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 First day of January, 2007, regardless of date of signature, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December, 2007. The term of this Agreement may be renewed for up to four (4) one-year terms for a total of five (5) years by mutual agreement of the parties. Notice of the intention to extend the agreement shall be presented in writing by either party on or before December I" of any year. The general purpose or objective of this Agreement is to provide psychiatric services for the Whatcom County Jail and Work Center, 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. Psychiatric services are to be as bid. 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 I 1.1, 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. pper�,,// IN WITNESS WHEREOF, the parties have executed this Agreement this Z day of r 20Q1. CONTRACTOR: AewRe, Executive c or STATE OF WASHINGTON ) ss. COUNTY OF LJ On this day of 200L before me personally appeared Andy Byrne, known to me to be the Executive Director, and who executed the above instrument and who acknowledged tome the act of signing and sealing thereof. I> / r ARY inl7 at in and for the State of Washington, I My commission expires 2007 Psychiatric Services Agreeement H:IC0NTRACTS120071Medica1Wcw psych 07.doc 12/18/2006 4:10:49 PM 171 WHATCOM COUNTY: Recommended for Approval: DepartDi ector Date Approved as to form: Prosecuting A orn ate 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 CONTRACTOR INFORMATION: Whatcom Counseling and Psychiatric Clinic Address: 3645 McLeod Rd. Bellingham, WA 98226 Mailing Address: Same as above Contact Name: Andy Byrne, Executive Director Contact Phone: 360.676.2220, ext 3323 Contact FAX: 360.676.7750 Contact Email: andy.byrne@whatcomcounseling.org HACONTRACTS12007NedicaMew psych 07.doc Created on 12/4/2006 2:13:00 PM 2 172 GENERAL CONDITIONS 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. 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. 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 deelared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of ereditors, 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. 20.1 Accountine 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 incurred by the Contractor in the performanee 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." 22.1 Withholding Pavment: 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 2007 Psychiatric Services Agreeement H:ICONTRACTS120071MedicalNew psych 07.doc 12/11/2006 4:10:49 PM 173 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. 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 he/she/it 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. 30.3 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. 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, 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. 34.3 Defense & Indemnity Agreement: Whatcom County recognizes that the provision of reasonable care for medical and or dental services is a nondeligable duty. As such, Whatcom County shall indemnify and hold harmless the Contractor, its agents, 4 2007 Psychiatric Services Agreeement H:ICQNTRACTS120071MedicahNew psych 07.doc 12/11/2006 4:10:49 PM 174 servants and/or employees and/or medical and/or dental care staff from any and al] claims, actions, lawsuits, damages, judgments or liabilities arising out of the operation and maintenance of the Whatcom County Jail, including maintaining security, as well as acts performed by the contractor done in the course of providing medieal care for Whatcom County, unless such action based upon an objective standard is Wanton or Malieious and would be a violation of public policy to eover, including but not limited to sexual or assaultive behavior. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.2 Non -Discrimination in Client Services: The Contraetor shall not discriminate on the grounds of race, color, ereed, 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 his/her/its 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. 36.2 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 mace 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 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 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: COUNTY CONTRACTOR Wendy Jones, Chief of Corrections Andy Byrne, Executive Director Whatcom County Sheriff's Office Whatcom Counseling and Psychiatric Clinic 311 Grand Avenue 3645 McLeod Rd. Bellingham, WA 98225 Bellingham, WA 98226 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. 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. 2007 Psychiatric Services Agreeement H:IC0NTRACTS120071Medica1Wew psych 07.doc 12/11/2006 4:10:49 PM 175 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. 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.I, 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. 6 2007 Psychiatric Services Agreeement H:ICONTRACTS120071MedieallNew psych 07.doc 12/11/2006 4:10:49 PM 176 EXHIBIT "A" (SCOPE OF WORK) SERVICES TO BE PERFORMED 1. When available and as needed, a psychiatrist will perform psychiatric services, as described herein, at the Whatcom County Jail to a maximum of twenty-two hours per month during the term of this agreement. Upon mutual agreement by the Contractor and the County, a team consisting of a qualified Mental Health Professional and a psychiatrist may be substituted to provide these services. In this event, the MHP will provide the majority of the face to face evaluations and assessments. A licensed psychiatrist will review all evaluations and assessments and prescribe medications as appropriate. The psychiatrist shall, on a routine basis, review charts of all inmates on psychotropic medication to monitor the effectiveness of such medications, no less than one time per month. The psychiatrist will conduct a chart review on -site. The psychiatrist will be available to the MHP for consultation. 2. Prisoners will be referred to Psychiatric services by the Jailor JHP staff. 3. The services provided will include: a. Evaluation of suicide and violence risk; b. Evaluation of suspected psychiatric conditions; c. Evaluation of those prisoners who appear extremely disturbed or exhibit bizarre behavior; d. Prescribe those psychotropic medications necessary and customarily given for the treatment of severe psychiatric illnesses; e. Follow up and monitor, as time allows, the effects of such medication and treatment; f. For sentenced prisoners, consultation to review the appropriateness of private psychiatric care. g. Work collaboratively with the Jail's Mental Health Program, and Case Manager. h. Attend quarterly medical meetings. 4. Teach Corrections Deputies and Jail Nurses about recognition of psychiatric illness, treatment of those illnesses, and precautions to be taken. 5. After seeing a prisoner, the psychiatrist/MHP will complete the Jail's Chart Notes and will note the diagnosis, medications prescribed, and major risks (such as suicide) to be monitored. This form will be given to the Jail staff and included in the prisoner's medical file. 6. The psychiatrist's hours of work will occur between 9:00 a.m. and 5:00 p.m., Monday through Friday, as is most convenient for the psychiatrist and the Jail. 7. This contract shall be limited to the provision of twenty-two scheduled hours per month. This contract does not provide for after-hours telephone services. 8. The psychiatrist or MHP Psych team, shall work collaboratively with the Jail and JHP staff to maintain NCCHC accreditation through compliance with NCCHC standards for Jail Mental Health Care. 7 2007 Psychiatric Services Agreeement H:ICONTRACTS1200AMedical New psych 07.doe 12/11/2006 4:10:49 PM 177 GENERAL PROVISIONS 1. This agreement shall be binding upon the parties hereto, their successors and assigns. (This agreement may be cancelled by either party by giving the other party ninety (90) days written notice in advance of the desired cancellation date.) 2. Each party agrees to aid and assist the other in accomplishing the objectives of this agreement. 2007 Psychiatric Services Agreeement H:ICONTRACTS120071MedicallNew psych 07.doc 12 1112006 4:10:49 PM 178 EXHIBIT "B" (COMPENSATION) BILLING FOR SERVICES RENDERED The Contractor shall provide the County with an itemized bill for services rendered at the end of each month. Payment for services rendered shall be at the rate of ONE HUNDRED THIRTY DOLLARS ($130.00) per hour, with a maximum annual compensation under this agreement in the amount of THIRTY-FOUR THOUSAND THREE HUNDRED TWENTY DOLLARS AND NO CENTS ($34,320.00) PAYMENT FOR SERVICES All bills received by the loth of the month shall be paid by the end of the month. It is understood that at the end of the calendar year, all bills for services must be presented to the County by January lOth of the following year, or no payment will be made until one (1) year later. 9 2007 Psychiatric Services Agreeement H:IC0NTRACTS120071Medica1lNew psych 07.doc 12/11/2006 4:10:49 PM 179 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-046 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: LJH 12115106 _�u �.� rr=a� �;� r_., � n ram, i � 1/16/07 Finance/Coup L � Division Head: De t. Head.- ! Prosecutor: I / Purchasing/Budg et: Executive: TITLE OF DOCUMENT: City/County Jail Investment Program Interlocal Agreement ATTACHMENTS: Memo, Contract Information Sheet, Interlocal Agreement 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.) Request approval to enter into an Interlocal Agreement with Everson to implement the City/County Jail In vestment Program COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: TOrdinance 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 it WHATCOM COUNTY Executive Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 MEMORANDUM TO: County Council FROM: Dewey Desler, Deputy Administrator RE: City/County Jail Investment Program Interlocal DATE: December 15, 2006 Pete Kremen County Executive Dewey Desler Deputy Administrator Enclosed is an Interlocal Agreement with Everson for the provision of jail services through the City/County Jail Investment Program. This Agreement allows the cities of Whatcom County to contribute funds to assist with the construction costs of the Interim Jail in exchange for bed day credits over the next eight years. The agreement has been adjusted to reflect that the credits will not begin until 2007. Please contact me at extension 50120 if you have any questions or concerns regarding the terms of this agreement, Encl. 181 WHATCOM COUNTY CONTRACT INFORMATION SHEET WHATCOM COUNTY CONTRACT NO. ci 00 (e 12023 Ori inatin De artment: Executive Contact Person: Dewey Desler Contractor's Name: Everson 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 $ 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 Interlocal Agreement with Everson for jail services and implementation of the City/County Jail In vestment Program Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed _ Open Ended Term of Contract: 8 Years Ex iration Date:1213112014 Renewal Option Yes No X_ Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routine Steps & Sienoff: Alen or initiall !indicate date transmitted 1. Prepared by: j1h Date 06 [electronic] 2. Attorney reviewed: 1 0- h 1 ei 11 _12115 Date 1'L y7- t) (electronic] 3. AS -Finance reviewed: Date /electronic] 4. Corrections made: Date electronic] hard copy printed 5. Attorney signoff.• 9a Date l -- ,,z 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 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;OkJi Y 0BI INL WHATCOM COUNTY CONTRACT NO. INTERLOCAL AGREEMENT WHATCOM COUNTY — CITY OF EVERSON THIS AGREEMENT replaces Whatcom County Interlocal Agreement #200604011 between Whatcom County, as political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Everson, a municipal corporation of the State of Washington, hereinafter referred to as the "City" WITNESSETH THAT: WHEREAS, the Interlocal Cooperation Act (RCW 39.34.180) has been amended effective January 1, 1997 to require each city to be responsible for the costs incident to prosecution, adjudication, and incarceration of gross misdemeanor and misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, pursuant to an Interlocal Agreement between the City of Nooksack and the City of Everson, the City of Everson has, pursuant to the terms of that Interlocal Agreement for Law Enforcement Services ("City Law Enforcement Services Interlocal," as may be amended, agreed to provide incarceration services for and on behalf of the City of Nooksack; and WHEREAS, the City of Everson's obligations to provide incarceration services to the City of Nooksack are limited by the terms and conditions of the City Law Enforcement Services Interlocal; and WHEREAS, the City desires to utilize the services and/or the facilities of the Whatcom County Jail on a regular basis, for the purpose of incarcerating persons or utilizing jail alternative programs where the initial or appropriate final charge is a gross misdemeanor or misdemeanor offense committed by an adult within its jurisdiction and the person to be incarcerated is referred to the County Jail by City law enforcement officers or the Municipal Court Judge, and to the extent the City is obligated to provide such services pursuant to the City Law Enforcement Services Interlocal agreement with the City of Nooksack; and Jail Interlocal Agreement 183 WHEREAS, in order to accommodate a steadily increasing jail population, including those inmates from the various cities of Whatcom County, it is necessary for Whatcom County to construct a new jail facility, designated the Whatcom County Interim Jail and Alternative Corrections Center (hereinafter referred to as the "Corrections Center") in addition to its present jail space; and WHEREAS, the City of Everson has also recognized the need for a new Corrections Center to accommodate the growing need for jail space and has engaged with the County in planning for a new facility; and WHEREAS, the new Corrections Center is intended to be a regional capital project, serving the cities and the unincorporated areas of Whatcom County; and WHEREAS, the City intends to provide funding to Whatcom County towards the capital construction costs of the facility in order to acquire the right to use a portion of the capacity of the facility; and WHEREAS, the City has included in its proposed 2007 budget the funds necessary to provide for the funding from the City as set forth herein, with said budget to be approved prior to the end of 2006; WHEREAS, the initial cost of building the Corrections Center is projected to be at least $10.2 million, plus additional startup costs of approximating $1.2 million, with the cost of operating the facility thereafter estimated to be in excess of $2 million per year; and WHEREAS, the larger portion of the.cost of constructing this Corrections Center that is scheduled to go into service in the latter part of 2006, will be borne by the County; and WHEREAS, the County and cities of the County have discussed and agreed upon the concept of the cities each contributing a portion of the balance of the cost of constructing the Corrections Center in exchange for credits to be applied by the County against the charges for the cities' respective uses of the jail through the year 2014; and Jail InterIocal Agreement 2 WHEREAS, in light of the differences between the cities in both population levels and jail utilization rates, it has been necessary to determine a fair amount of contribution and corresponding credit for each of the participating cities; and WHEREAS, the total contribution from the cities toward the cost of the Corrections Center construction at this time is expected to be approximately $2.26 million; and WHEREAS, the Corrections Center is scheduled to be utilized through 2014, by which time another new jail facility is expected to replace it and accommodate a significant number of inmates beyond the number accommodated by the current facilities; and WHEREAS, the credit to be given the respective cities for their contributions to costs of jail construction will be granted to them from the point at which the new facility goes into service (late 2006) through 2014 and is expected to total slightly over $6.11 million, and will be applied by the County to reduce the amount otherwise owing by each city for the cost of using jail space in the County jail facilities; and WHEREAS, the parties hereto also desire to include within this Agreement the procedures for determining the costs associated with housing inmates within the jail, for billing those costs, and for payment by the City to the County for the portion of the costs that remain after application of the proper credit against the total bill; WHEREAS, this Agreement will in effect supplement, amend, and replace the existing agreement between the County and the City pertaining to provision of and payment for jail services; NOW, THEREFORE, the County and City agree as follows: Section 1. PURPOSE OF AGREEMENT. This Agreement shall finalize and memorialize the arrangement between the County and the City whereby the City shall contribute by January 20, 2007, a sum of money in the amount set forth below in Section 4, and the County shall in exchange therefore provide to the City a portion of the jail capacity to be measured in bed days. The County shall in fulfillment of this obligation provide a credit to the City to be applied against its bill for its use of inmate services. It shall also serve as the basis for the County's provision of jail Jail Tnterlocal Agreement 3 185 services to the City, along with a determination of standards, costs, and payments for those services provided to the City by the County. Section 2. DURATION OF AGREEMENT. This Agreement shall be effective upon the date of execution following approval by the Everson City Council, and shall continue through December 31, 2014, or until the Agreement is terminated according to the provisions for termination contained herein. Section 3. PARTY CONTACTS. The County's contact for this Agreement shall be the Chief of Corrections. The City's contact shall be the City Administrator, or in the absence of a City Administrator, the Mayor for the City of Everson. Section 4. CITY'S CONTRIBUTION. The City shall, by January 20, 2007, pursuant to the conditions set forth in Section 1, above pay to the County in cash, negotiable instrument, or other equivalent form of value acceptable to the County the amount of $50,571 which shall be for the purpose of contributing to the cost of constructing the Corrections Center, and shall be applied as the County deems appropriate. Section 4a. CHARGES FOR SERVICES. The City shall pay the County for the services provided under this Agreement as set forth in Addendum A to the Agreement, provided that, if any jurisdiction is granted a more favorable rate for any or all of the services provided under this Agreement, except during a transition period, or as a result of specific and unique settlement or necessary contract or fee adjustment, the City shall also receive the more favorable rate. Charges for services rendered shall be verified as they accrue, and will be paid within thirty (30) days of each month's final invoice. The preliminary per diem cost for each correction program shall be established by the County based on the projected budget for providing each program area during the contract year. The preliminary projection for each corrections program shall be provided to the City for budget purposes no later than May 31 each year. The preliminary per diem for corrections programs will be increased or decreased according to the final budget figures for the corrections programs adopted by the County Council for each contract year, and provided to the City within sixty (60) days of final adoption. Jail Tnterlocal Agreement 4 00 Section 5. CAPACITY PROVIDED. In exchange for its contribution of $50,571 towards construction of the new jail facility, received by the County in cash, negotiable instrument, or other form satisfactory to the County by January 20, 2007, the County shall provide to the City a vested right to a portion of the capacity of the regional jail facility for the City's inmate population. The parties intend that the value of the City's use of the facility will be commensurate with the City's capital contribution, and that the value will also be provided in the form of a credit granted by the County against the invoice for the cost of the city's use of inmate services as set forth in Section 5a, below. Section 5a. CREDIT PROVIDED. In exchange for its contribution of $50,571 toward the construction of the new jail facility, received by the County in cash, negotiable instrument, or other form satisfactory to the County by January 20, 2007, the County shall grant the City credits each year from 2007 through 2014 in the following amounts: Bellingham Blaine Everson Ferndale L r� nden Sumas 2006: $123,206 $ 6,624 $0 $16,726 $11,592 $3,643 2007: $497,754 $26,671 $15,388 $67,571 $46,382 $14,719 2008: $517,664 $27,831 $16,003 $70,274 $481705 $15,307 2009: $538,371 $28,944 $16,643 $73,085 $50,653 $15,919 2010: $559,906 $30,102 $17,309 $76,008 $52,679 $16,556 2011: $582,302 $31,306 $18,001 $79,048 $54,786 $17,218 2012: $605,594 $32,558 $18,721 $82,210 $56,977 $17,907 2013: $629,818 $33,860 $19,470 $85,498 $59,256 $18,623 2014: $491,258 $26,411 $15,187 $66,689 $46,220 $14,526 The amount to be credited each year, as reflected above, shall be deducted from the County's charge(s) to the City for the City's Jail usage for each billing period. One - twelfth of the total for each year shall be available for credit in each month for eligible services, and in case any of the credit is unused in a particular month, it may be carried over to the next month, and be available for credit that next month. In the case that the amount of the credit available exceeds the amount charged for that year, the unused portion of the credit shall carry forward to the following year, and be available for credit as needed by the City. In case the City has not used up all of its credit by the end of 2014, the credit shall nonetheless be cancelled and the County shall owe the City no additional money or service for the remaining unused credit. Jail Interlocal Agreement 5 187 Section 5b. SERVICES PROVIDED. The County agrees to provide inmate services for gross misdemeanor or misdemeanor cases initiated by the City and referred to the County for those offenses alleged to have been committed by adults within the City. The County shall provide inmate services consistent with the standards contained in Addendum A. If circumstances require the County to reduce services to all jurisdictions, including unincorporated Whatcom County, such reduction in services shall be made uniformly and the County shall provide reasonable notice to the City of its intention to reduce service levels in any correction program. Wherever possible, the County will provide a minimum of thirty (30) days' notice of such reductions unless specific circumstances require more immediate action. Section 6. DETERMINATION OF CASE STATUS. The Prosecuting Attorney shall have the sole authority to determine which felony arrest cases submitted by the City shall be charged as felonies and which as gross misdemeanors or misdemeanors. The City shall not be responsible for any case charged as a felony by the Prosecutor, except nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to sentencing as provided in RCW 70.48.130. The City asserts and retains all of its rights under RCW 39.34.180. If the determination is made by the Prosecutor that a case is a gross misdemeanor or misdemeanor, such cases shall be referred to the City Attorney for filing in the Municipal Court with inmate services charged to the city. Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor or misdemeanor, shall not require compensation by the City. Section 7. BILLING INFORMATION. The County shall provide the City with an itemized monthly billing report for each service area. The dates used in computing the fees shall be the initiation and release date for each corrections program. The report listing shall include name of offender, booking number, date and time; charge, court code, disposition and date of same; citation/warrant numbers of cases, days served, and related costs. Reports shall be provided to the City's designee no later than the 201" day of the month following service. The City's designee shall be allowed read-only access to the County's automated law and justice Jail Interlocal Agreement 6 computer records, case files and billing records for the purpose of verification of billings. Section 8. ASSIGNMENT. The County shall provide at least thirty (30) days' notice to the City of its intent to assign or delegate duties under this Agreement, specifying which duties it intends to assign or delegate and the name and address of the party to whom it intends to assign or delegate. Section 9. HOLD HARMLESS. The County shall indemnify, defend and hold harmless the City, its officers, employees, and agents, from any and all claims, suits, actions, loss, or damage resulting from or arising out of the services provided under this Agreement or the negligence or intentional act or omission of the County, its officers, agents, and employees, in performing or failing to perform said services, except to the extent of the City's negligence. The City shall indemnify, defend and hold harmless the County, its officers, employees, and agents for all claims, suits, actions, loss, or damage resulting from or arising out of the negligence or intentional wrongful act or omission of the City in the apprehension, arrest, detention, or release of adult prisoners delivered to the County for incarceration or detention, except to the extent of the County's negligence. Section 10. RELATIONSHIP OF THE CITY AND THE COUNTY. The City and the County intend that a City/Independent Contractor relationship will be created by this Agreement. No agent, employee, servant, or representative of the County shall be deemed to be an employee, agent, servant, or representative of the City for any purpose. Nor shall any agent, employee, servant, or representative of the City be deemed to be an employee, agent, servant, or representative of the County for any purpose. Section 10a. COUNTY RESPONSIBLE FOR JAIL OPERATIONS. The City and County intend that the County have the sole responsibility for the operation of the jail and that nothing in this Agreement is intended to create any governance of the jail facility by the participating cities. The term "regional jail" as used herein is not intended to be used as defined in RCW 70.48.095. It is further understood by the parties that the County shall be solely responsible for operational decisions regarding the appropriate level of security and housing of all inmates. Jail Interlocal Agreement 7 Section 11. MODIEICATION AND TERMINATION. This Agreement may be modified in writing by mutual agreement of the City and the County. Preliminary proposals for modifications requiring legislative budget authorization and affecting a successive yearly budget shall be submitted to the respective parties' contact on or before May 31 of each year. The preliminary cost per case/per diem will be increased or decreased according to the final budget figures for the service areas adopted by the County Council for the contract year. Either the City or the County may terminate this Agreement for subsequent years upon a minimum of 120 days' written notice to the other party of its intent to terminate. Termination shall be deemed to be effective only after formal action of the terminating party's legislative body. The legislative action must take place prior to September 1 in order to be effective for the following year. If it does not, then the effective date of termination will be on December 31 of the following year. The termination date will be at midnight on December 31 of that year. If this Agreement is terminated by the City for reasons other than the County's breach prior to the completion of the term of the Agreement, then the City shall forfeit reimbursement by the County for the remaining credit otherwise owing to the City. If the County terminates this Agreement for reasons other than the City's breach prior to the completion of the term of the Agreement, then the County will compensate the City for the remaining credit owed the City (the total amount of the original credit less the amount of the credit applied against the City's bill through the effective date of termination of the Agreement). Either the City or the County may terminate this Agreement upon a breach by the other party, provided the party seeking to terminate the Agreement shall provide at least thirty (30) days' written notice and an opportunity to cure to the other party. Upon termination, the City shall be obligated to pay for only those services previously rendered that remain unpaid or for services rendered thereafter for defendants booked or incarcerated prior to the date of withdrawal or termination. The termination of this Agreement shall not impose a requirement on the County to provide for funding or services otherwise required by this Agreement that relate to City arrests or defendants sentenced after the effective date of termination. Jail Interlocal Agreement 8 190 Upon termination, at the City's option, the County shall continue to provide services to completion for inmates housed or alternative services in progress. The City shall compensate the County for all services rendered at the immediately preceding contract rate. Section 12. DISPUTES BETWEEN THE CITY AND THE COUNTY. Should a dispute arise as to the administration of this Agreement between the City and the County, such dispute shall be progressively resolved in the following manner: 1. Through negotiations between the City and the County's respective contacts, subject to approval of the respective Councils as may be required by law. 2. Through negotiations between the Mayor and the County Executive, subject to approval of the respective Councils as may be required by law; or 3. In the event that the City and the County do not reach agreement within ninety (90) days of commencing negotiations, the matter will be submitted to binding arbitration. Nothing in this section shall deny any rights established in Section 11. The City and the County may mutually agree to extend the negotiation period. If the City and the County cannot agree upon the selection of an impartial arbitrator within fourteen (14) days of a written request for arbitration by either the City or the County, the arbitrator shall be selected as provided in the Superior Court Mandatory Arbitration Rules by a judge of the Superior Court of Skagit County. The arbitration shall be conducted pursuant to the Superior Court Mandatory Arbitration Rules. Section 13. PROPERTY AND EQUIPMENT. The ownership of all property and equipment utilized in association with applicable City cases shall remain with the original owner unless specifically and mutually agreed to by both the City and the County to this Agreement. Section 14. GENERAL TERMS. This Agreement contains terms and conditions agreed upon by the City and the County. The City and the County agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No change or addition to this Agreement shall be valid or .Tail Interlocal Agreement 9 191 binding upon either the City or the County unless such change or addition is in writing, executed by both the City and the County. The City and the County agree that during the performance of this Agreement no person shall, on the basis of race, creed, national origin, sex, marital status, age, religion, ethnicity, or the presence of any sensory, mental or physical handicap, be excluded from services which are within the scope of this Agreement and within the reasonable ability of the County to provide. Neither the City nor the County shall discriminate against any employee or applicant for employment for the above reasons; provided, the prohibition against discrimination in employment because of handicap shall not apply if the particular disability, with reasonable accommodation, prevents the proper performance of the work involved. The City and the County agree to aid and assist the other in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the City and the County, and their successors and assigns. ]ail Interlocal Agreement 10 192 ADDENDUM A - 2006 COST METHODOLOGIES, FORMULAS, AND SERVICE STANDARDS As set forth in Section 4a of this Agreement, the City will be notified by May 31 of each year of the projected rates or fees to be charged in the next year, and of the formula used for the calculations. Any subsequent adjustments will comply with the terms of Section 4a of the Agreement. 1. Booking Charge - A booking fee shall be charged to the City for each person booked into the jail in the amount of $50.00. The booking charge will also apply when other law enforcement agencies arrest and book persons into the jail on City's charges and/or warrants. Persons booked into the County jail and released will only incur the booking fee. Persons who are booked into the jail and processed into the facility will incur both the booking charge and a partial or full day per diem charge. The County will make every effort to collect a $50.00 co -payment from each person booked into the jail for incarceration. The County will apply all proceeds from this co -payment fee to reduce the operational cost of the jail. 2. Jail Per Diem - City cost per diem for 2006 for all City prisoners incarcerated in County facilities for gross misdemeanor or misdemeanor offenses will be $65.00 per initial bed day, with each day thereafter broken into quarter day charges, based on $65.00 for a full 24 hours or a pro rata amount based on quarter day increments. 3. Criteria for Assessing Per Diem Charges - In the event that an inmate is booked on multiple charges, the following procedure will apply to determine charges assessed the City: City will be charged per diem on a per day (quarter day) basis for persons incarcerated in the County jail on City gross misdemeanor or misdemeanor charges. or warrants. Persons incarcerated on felony charges will be the responsibility of the County, except nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to sentencing as provided in RCW 70.48.130. The City asserts and retains all of its rights under RCW 39.34.180. Persons originally incarcerated for a felony level violation that is declined by the County Prosecutor and returned to the City Attorney will be the City's responsibility from Jail Interlocal Agreement 11 193 the date of booking. Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor or misdemeanor, shall not require compensation by the City. If a City charge is concurrent to either Superior Court or another jurisdiction's gross misdemeanor or misdemeanor charge, the City shall be billed the proportionate percentage share of the per diem for the shared incarceration day period. 4. Alternative Jail Programs/Per Diem -- The City will be charged for Alternative Jail Programs as follows: A. If offenders are held in Whatcom County's Offsite Work Release Facility, the 2006 per diem rate is $57.00 per bed day for work release inmates. Billing to the City for these participants will be based on this 2006 per diem rate. Any funds collected from the offender will be credited to the City. B. If an offender qualifies for Electronic Home Detention, billing to the City for these offenders participating will be based on the 2006 per diem rate of $27.00. Any funds collected from the offender will be credited to the City. C. If an offender is participating in the One -Day Offender Program, the offender will bear the complete $55.00 per diem cost of the program. If an offender is indigent, and unable to pay per diem fees for the One -Day Offender Program, the City will be responsible for the per diem cost. D. If an offender is participating in the Out of Custody Work Crew Program, billing to the City for these participants will be based on the 2006 per diem rate of $59.00. Should the County bill the offenders for participating in this program, the funds collected from the offender will be credited to the City. E. If an offender is participating in the In Custody Work Crew Program, billing to the City for these participants will be based on the 2006 per diem rate of $65.00. Should the County bill the offenders for participating in this program, the funds collected from the offender will be credited to the City. F. All participants must first be authorized by the sentencing judge to apply for alternative jail programs, and the Chief of Corrections or her designee must approve the terms and conditions of the programs for the Whatcom County Jail. G. If a City charge is concurrent to either Superior Court or another jurisdiction's gross misdemeanor or misdemeanor charge, the City shall be billed the proportionate percentage share of the 2006 per diem for the shared incarceration period. Jail Interlocal Agreement 12 194 5. Service Standards — The County agrees to furnish its facilities and personnel for confinement of City offenders and other services described in this Agreement in the same manner and to the same extent as the County furnishes for the confinement of its own gross misdemeanor or misdemeanor offenders, provided that the County shall meet or exceed all legal requirements. 6. Operational control — The City acknowledges the County's operational control of the jail and alternate jail programs and agrees that City offenders committed to the Whatcom County Jail and alternative jail programs will be subject to the same lawful rules and regulations required of other offenders incarcerated therein. 7. Health Care — The County shall be responsible for providing routine health care. Such health care will include those health care services routinely delivered at normal cost by County staff, contracted physicians or nursing staff and delivered within the facility. The County is not responsible for services delivered to offenders outside of the facility. Payment for emergency, exceptional or non -routine necessary health care for City gross misdemeanor or misdemeanor offenders shall be made by the City upon written invoice by the County or upon such other terms as City and the County may agree in writing. The County will additionally bill the City for pre - sentence felony offenders, held on the City's case, who incur emergency, exceptional or non -routine necessary medical costs, as set forth in RCW 70.48.130. The County will notify the City as soon as it becomes aware that an inmate being held on the City's charges is in need of emergency, exceptional or non -routine necessary medical care, and work with the City to investigate the possibility of release from custody. Additionally, the County agrees to utilize all agreements with medical practitioners and organizations to mitigate any medical costs, and seek out any and all eligible third party reimbursement for medical costs, prior to billing the City. Non -routine necessary health care shall include all physician -ordered health care or medical services delivered to City offenders outside of the facility, or specialized care provided by non -contract health care providers in or out of the facility. The County agrees to pursue third party payment for emergency, exceptional or non -routine necessary health care in the same manner and to the same extent as the County does for offenders held on its own charges. No third party beneficiary contract or contract of insurance is intended by this contract. Jail Tnterlocal Agreement 13 195 IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2006. WHATCOM COUNTY Approved as to form: &-,, "i'-1- -,,1��y� Deputy Prosecuting Attorney Accepted for Whatcom County: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON) ) ss COUNTY OF WHATCOM ) On this day of , 2006, 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 Jail Interlocal Agreement 14 196 Accepted for City of Everson: Ma Kr f aleenPratt Approved by the City Council on �� /2 ©9 Attest: `�- ' Name: Cgg City of Everson Actin► ity Clerk STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) On this] 2 dayrA 2006, before me personally appeared J�aleen Pratt, to me known to Ao f Everson and who executed the above instrument and who of signing rry NOTARYZ t _ Cn 7 Pt1BLIC -,, Z �O �plrf F.^AIR2M A•1rT..YFJ=N.C+TY MWtl .IIr WAIL INTFAL AI.F-III�II!_dsndne Jail Interlocaf Agreement >OTARY PUlVLIC in and for the tate of Washington, residing at My commission expires T7 /f z�a� 15 197 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-047 CLEARANCES btitial Date Date Received is Council Office Agenda Date Assigned to: Penni Lemperes Q inator.• 1/16/07 Finanee/Coup Bruce Roll Division Head' !l G J A N 9 — 29907 JefrMonsen Det. Head.' L 141 oG Dan Gibson Vy, ATC0''M �'`E�a3T.,7:V s � ,� �'� °-� � .° , Brad Brad Bennett PurcSasin Bu ,Q Pete KTmen RV _ Executive: TITLE F DOCUMENT,• 2007-2008 City of Bellingham Interloca/ Agreement ATTACHMENTS: Cover letter Agreement 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: Renewal of InterlocalAgreernent with the City of Bellingham to operate the Lakeway yardwaste collection facility. COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. - Please Note: Once adopted and signed, ordinances and resolutions are a vailable for viewin and rintin on the Countys website at. www.co, whatcom. wa.us council. ii WHATCOM COUNTY PUBLIC WORKS DEPT. 322 N. Commercial St., Suite 220 Bellingham, WA 98225 MEMORANDUM TO: The Honorable Pete Kremen, Whatcom County Executive Honorable Members of the Whatcom County Council FROM: Bruce Roll, Assistant Director, Public works`r__� RE: 2007/2008 City of Bellingham Interlocal Agreement DATE: December 13, 2006 Jeffrey M. Monsen Director DECEIVED DEC 15 2006 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the 2007/2008 Interlocal Agreement between City of Bellingham and Whatcom County Public Works, Solid Waste Division, for your review and signature. Requested Action Public Works respectfully requests that the County Executive and Whatcom County Council renew the Interlocal agreement with the City of Bellingham for operation of the Lakeway yardwaste facility. This Interlocal will be for a two-year period, 2007 and 2008, in the amount not to exceed $120,000 per year. ■ Background and Purpose Whatcom County contracts with the City of Bellingham for operation of the Lakeway yardwaste facility for the benefit of the citizens of Whatcom County. The Solid Waste Executive committee recommended that solid waste funds be utilized to subsidize a portion of this program in an amount not to exceed $120,000 for 2007 and not to exceed $120,000 for 2008. The City of Bellingham collects a two dollars/visit user fee to help defray the costs of this facility. Net operational costs (total operational cost less user fee revenue), will be split 50150 between the City of Bellingham and Whatcom County Solid Waste fund, up to a maximum contribution of $120,000 for each year -by the County. ■ Funding Amount and Source Funding will be made up from Solid Waste Revenues to a maximum of $120,000 in 2007 and $120,000 in 2008, for total not to exceed $240,000 for the life of the Agreement. ■ Differences from Previous Contract There is no change from the previous 2005-2006 agreement. Please contact Penn! Lemperes at extension 50291, if you have any questions or concerns regarding the terms of this agreement. End. _ 199 WHA MOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Public Works Department, Solid Waste Division Contact Person: Penni Lem eres Contractor's Name: I 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 X No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $ 240,000.00 supporting memo. Any amendment that provides either a 10% increase in This Amendment Amount: amount or more than $10,000, whichever is greater, must also go to Council $ Total Amended Amount: and will need an agenda bill and supporting memo. If less than these $ thresholds, just submit to Executive with supporting memo for approval. Scope of Services Two-year Interiocal Agreement for The City of Bellingham agrees to operate the Lakeway yardwaste operation of yard -waste collection collection facility to accept household yardwaste materials and to facility. transport materials to a permitted compost facility. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed X Open Ended Term of Contract: Two years Expiration Date: 12131108 Renewal Option Yes X No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routinz Steps & Sipnof_Lsi-en or initial] (indicate date transmitted 1. Prepared by: _DB Date9119106 _ 2. Attorney reviewed. _Daniel L. Gibson Date '11/01106_[electronic] hard copy printed 4. Attorney signoff: _Daniel L. Gibson - Date _1110112006_ 5. Finance signoff:• _bbennett �'ij Date_11121 /06 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 H. Contractor Original Returned to dept; Date 12. County Original to Council Date this form may need to expand to more than onepage 200 coly" l y ORIC'� 007-2008 INTERLOCAL AGREEMENT WHATOOM COUNTY CITY OF BELLINGHAM - WHATCOM COUNTN CONTF,ACT NO. SOLID WASTE MANAGEMENT SERVICES WHEREAS, the City of Bellingham, 210 Lottie Street, Bellingham, WA 98225 ("Bellingham") and Whatcom County, County Courthouse, 311 Grand Ave., Bellingham, WA 98225 ("Whatcom County") desire to provide certain solid waste program services for the benefit of all Whatcom County citizens residing in both incorporated and unincorporated areas; and WHEREAS, Bellingham entered into the First Amended Interlocal Agreement with Whatcom County on December 30, 1991, for the purpose of having a coordinated countywide solid waste management system which includes provisions for Whatcom County to finance certain solid waste programs; and WHEREAS, each party complies with all applicable bidding and other procedures with regard to acquisitions, services, and construction, 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 of such parties to enter into this Interlocal Agreement; and . WHEREAS, Bellingham operates the Lakeway yardwaste collection facility and opens it for use by the public approximately nine months per year, from March through November, NOW THEREFORE, the City of Bellingham and Whatcom County agree as follows: City of Bellingham Responsibilities: Bellingham hereby agrees: A. To operate and maintain the. Lakeway yardwaste collection facility, to accept household yardwaste materials, and to transport materials to a permitted compost facility. B. To monitor and account for actual expenses for the Clean Green facilities on a month to month basis. C. To reimburse contract labor. Whatcom County Responsibilities: Whatcom County hereby agrees: A. To reimburse Bellingham monthly for the costs in providing and performing the services stated under Section I. Whatcom County will be responsible for reimbursing the City of Bellingham 50 % of the net operating costs (total operating costs less user fee revenue), up to but not exceeding $120,000 in 2007 and $120,000 in 2008. See exhibit A. Whatcom County shall reimburse Bellingham in eight (8) equal payments of $12,000 per month for each month open to the public and a final payment, payment nine (9), which will be adjusted to comply with the above stated terms. 201 B. To incorporate Bellingham into the County's waste reduction and recycling education and promotion program, the scope of which depends on the annual solid waste budget as recommended by the Solid Waste Executive Committee, and approved by the County Council. III. Payment. Each request for payment shall be submitted monthly by Bellingham to the Public Works Department and supported by documentation of the service expenses. The payment request and supportive documents must itemize all operating costs by the major tasks as stated in Section I. The payment request shall show the amount of user fee revenue collected. IV. Performance Reporting: Bellingham shall submit performance reports to Whatcom County at least quarterly with the following information: 1. Number of vehicles using the Clean Green yardwaste facility. 2. Quantity of yardwaste delivered to a permitted compost facility. Reports shall be due within 30 days following the end of the quarter being reported. Payment may be withheld if performance reports are not submitted. Term: This Agreement shall be effective for services performed from January 1, 2007, through December 31, 2008, and may be mutually renewed thereafter. It may be terminated by either party upon the giving of ninety (90) days written notice to the other, at which time any remaining financial obligations for services rendered prior to termination shall be paid in full. V. Responsible Persons: The persons responsible for administration of this Agreement shall be the Bellingham Director of Public Works and the Whatcom County Public Works Department Director or their designees. VI. Recordation. Pursuant to the requirement of RCW 39.34.040, this agreement shall be filed by the parties with the Whatcom County Auditor. Whatcom County accepts the responsibility of making such/]filing with the Auditor. Dated this day of .c_".PG'�P�- , 2006. WHATCOM COUNTY CI F BELLINGHAM Departmenta Approv Departmental Approval Approved r Office of the P ty Attorney A d A A(41-0 FinaMce Director Mayor 202 Dated this day of , 2006. APPROVED AS TO FORM: DANIEL L. GIBSON Civil Deputy Prosecuting Attorney WHATCOM COUNTY PETE KREMEN County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this day of 2006, before me personally appeared Pete Kremen, to me known to be the 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 commission expires: CITY OF BELLINGHAM TIM DOUGLAS Mayor of Bellingham STATE OF WASHINGTON. ) ) ss. COUNTY OF WHATCOM ) On this (yam day of ?C� `ate 2006, before me �'�'� las y 6 personally appeared IE- �, to me known to be the Mayor of the City of Bellingham who executed the above instrument, and who acknowledged to me the act of signing and sealing thereof. WITNESS my h 1L al seal hereto this day o 006. �••��gSlQiy •/fi ~�oN0T4 N ARY PUBLIC in and for the State of •,�.,�: Washington, residing at Bellin ham. F%.0'0tlsuc My commission expires: X& 203 EXHIBIT "A" 2007 Budget for Reimbursement Task A Clean Green facility operations $120,000 Total Budget for 2007: $120,000 2008 Budget for Reimbursement Task A Clean Green facility operations $120,000 Total Budget for 2008: $120,000 Total Interlocal Agreement Z44 IZ 204 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-048 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Craig MacConnell, W5U Whatcom Conn Extension CBM 12JO6106 I �a I v fry ( '} u 1 / 16 / 0 7 Finance / C o un Division Head: JHRN 9 - 2007 Dept. Head: Craig MacConnell GBM 12/06106 q1iCOM COUNITY C C1 is ["I = Z_ Proseculor: Purchasing/Bud 0 Executive: TITLE OP DOCUMENT.• Review & approval of amendment of MOA with Washington State University to continue the jointly sharing of costs for faculty positions in Cooperative Extension between Whatcom County and Washington State University as approved in Cooperative Extension year 2006 General Fund budget. ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) 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 Bearing, 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.) Provide constituents of Whatcom County with educational programming to better improve capabilities of individuals and families, to aid communities in developing and adapting to changing conditions, and to provide developmental opportunities for youth. COMMITTEEACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution 9909009 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, :il 205 WHATCOM COUNTY WSU Whatcom County Extension 1000 N Forest Street, #201 Bellingham WA 98225 TO: FROM: RE: DATE: MEMORANDUM Pete Kremen, County Executive Craig MacConnell Chairman Craig MacConnell Chairman VE PETS f0"DUE' MEii COLINTY E I'I'DI `'VE Contract extension MOA with Washington State University to continue jointly sharing costs for faculty positions in Cooperative Extension December 6, 2006 Enclosed is the necessary paperwork for a contract extension with Washington State University to continue the jointly sharing of costs fro faculty position in Extension Whatcom County and Washington State University for your review and signature. ■ Background and Purpose Continue to share costs for faculty positions in Cooperative Extension serving Whatcom County. ■ Funding Amount and Source 2007 Cooperative Extension General Fund budget ■ Differences from Previous Contract A 4.9% increase from 2006 salary contributions for faculty salaries. This reflects personnel cost increases, including salaries and benefits proportioned based on WSAC guidelines. Please contact Craig MacConnell, WSU Whatcom County Extension, at extension 50280, if you have any questions or concerns regarding the terms of this agreement. Encl. 1: WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �90100q-$ Originating Department: Extension Contact Person: Craig MacConnell 1 Drew Betz Contractor's Name: Washington State University 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):9909009 Is this a renewal? Yes X No Contract Amount: (sum of orig contract amt and rznv nrior amendments) If a Professional Services Agreement is more than $15, 000 or a Bid is more than $ 5185337.90 $35, 000, please submit an Agenda Bill for Council approval and a supporting This Amendment Amount: memo. Any amendment that provides either a 10% increase in amount or more $ 79,610.00 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. $ 597,947.90 Scope of Services: This amendment continues the shared faculty costs for Cooperative Extension for 2007. Nature of Contract Amt: ( Check one) Fixed Amount _X Not to Exceed _ Open Ended Term of Contract: 1 year Expiration Date: 12/31/2007 Renewal Option: Yes X No _ Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routine SteDs & SiQnoff.• (siren or initiall (indicate date transmitted 1. Prepared by:_Craig MacConnell Date _12106106 [electronic] 2. Attorney reviewed: KMF Date_12106106 [electronic] 3. AS -Finance reviewed: M Caldwell Date 12108106 [electronic] 4. Corrections made: Date [sunuwry via electronic; hardcopies] 5. Attorney signoff.- 6. Contractor signed: Z Submitted to Exec Ojj`ice. KMF 8. Reviewed by DCA 9. Council approved (if necessary) 10 11 12 Executive signed: Contractor Original returned to dept; County Original to Council Date 12106106 Date Date ]summary via electronic; hardcopies] Date Date Date Date Date This form may need to expand to more than one page 207 COUNTY ORIGNAL Whatcom County Contract No. a 13 /7v 7u7—a Amendment No.- Whatcom County Contract No. 9909009 CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE UNIVERSITY THIS AMENDMENT is to Appendix A of the Contract between Whatcom County and Washington State University dated September 22, 1999, and designated "Whatcom County Contract No. 9909009". In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment extends this Agreement through Dec. 31, 2007. Maximum consideration for this extended period is $79,610.00. This includes: Monthly Annually Director $1,859.167 $22,310.00 Family Living Agent $1,591.667 $19,100.00 4-H/Youth Agent $1,591.667 $19,100.00 Water Resource Agent $1,591.667 $19,100.00 TOTAL $79,610.00 Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect January 1, 2007, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Washington State University have executed this Amendment on the date and year below written. DATED this CONTRACTOR: day of Washington State University (Authorized Signer) 9 STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) On this day of , 20_, before me personally appeared , to me known to be the 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: 208 WHATCOM COUNTY: Recommended for Approval: Approv d as to form: Z p� Pr secu ing ttorney D to 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: CONTRACTOR INFORMATION: Dan Nordquist, Director, Office of Grant & Research Development Room 423 Neill Hall Pullman, WA 99164- 3140 Mailing Address: OGRD Washington State University Pullman, WA 99164- 3140 Contact Name: Dan Nordquist Contact Phone: (509) 335-9661 Contact FAX: (509) 335-1676 Contact Email: ogrd@wsu.edu 209 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-049 CLEARANCES Initial Date Dale Received in Council Office Agenda Date Assigned to. Originator: Wendy Wefer-Clinton 115107 Via^ 1�i J 2007 1116107 J) Finance & Admin Svcs Committee (Consent Agenda)I.Regular Council Division dead: Karen S. Goens 115107 Dept Head: Deivey G. Desler I Prosecutor Daniel L. Gibson Ot r05 1-7 Purchasing/Budget: Executive. Pete Kre+nen n 7 „per 7 SUBJECT: IBU/MMP Collective Bargaining Agreement. ATTACHMENTS: Settlement Agreement SEPA review required? ( ) Yes ( X SEPA review co►rtpleted? ( ) Yes ( X ) NO ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT: Ratification requested of Settlement Agreement extending 2004 — 2006 IBUIMMP Collective Bargaining Agreement through December 3.1, 20OZ Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ASFacilitiesiesManagemen[ AS Finance AS Human Resources Wendy Wefer-Clinton AS Info Services Assessor Auditor Cooperative Extension District Court Execudve Health Hearing Examiner Jail CO UNCIL ACTION TAKEN: Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract ##:2003.12002 Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 210 „�, i -y o R1GilN AL WHATC)M COUNTY CONTRACT NO. CO SETTLEMENT AGREEMENT 00 31 aC7�a_ f BY AND BETWEEN WHATCOM COUNTY, WASHINGTON AND INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS Pacific Maritime Region AND INLANDBOATMEN'S UNION OF THE PACIFIC This Settlement Agreement is by and between Whatcom County, hereafter called the "County” and the International Organization of Masters, Mates and Pilots and the Inlandboatmen's Union of the Pacific, hereafter called the "Unions" covering the period of January 1, 2007 to December 31, 2007. Purpose of this Settlement Agreement is to extend and modify the 2004 — 2006 collective bargaining agreement as follows: 13.01(a) Wage Rates. Effective January 1st, 2007, the following rates shall apply for all employees on the payroll at the time of ratification or upon hire. CLASS 1-1-06 1-1-07 RATE RATE Senior Master (MMP) $28.28 $29.62 Master or Master/Engineer (MMP) $25.93 $27.20 Deckhand (IBU) $19.73 $20.56 Regular Relief Employee (IBU) First six months $14.69 $15.37 Second six months $16.47 $17.20 Thereafter $19.73 $20.56 On Call Employee (IBU) $14.04 $14.70 Effective January 1, 2007, the above rates include clothing allowances for clothing required in Rule 21. 14.02(a) Hours Beyond Eight Comp Time Election. In the first sentence after compensatory time, add "per department policy" and delete remainder of sentence. Add the following sentence -- "Employees working out -of -class electing compensatory time per this section, shall receive eight hours of regular pay, two hours added to compensatory time bank and ten hours of out -of -class pay differential." 16.02 Health & Welfare. Change dental plan to WCIF Washington Dental — Option 3 and vision plan to Washington Counties Insurance Fund Standard Vision Plan or any successor plan. 16.03 Life and Accidental Death and Dismemberment. Increase life insurance from $12,000 to an amount equivalent to one -year's base salary of eligible employees, to a maximum of $50,000 through a carrier selected by the County. 16.04(a) Medical. Increase the amount the employer will pay to "up to $732" in 2007. 211 16.06 MMP Health and Welfare. 16.06(a) MMP Plan Premiums. In the first sentence, delete "its". 16.06(b) MMP Liable For Plan. Add "death benefits" to the benefits listed in this rule. 16.11 Medical Parity. — Delete Rule in its entirety. 26.01 Duration. Duration shall be one year — January 1, 2007 through December 31, 2007. Letter of Understanding — points #2 & 3 Position 1-1-06 1-1-07 Purser/Deckhand $23.13 $24.06 Position 1-1-06 1-1-07 Grandfathered-Deckhand $23.13 $24.06 Retroactive Payment. All of the above wage rates will be implemented the first pay period following ratification by the County Council. In lieu of any retroactive wage amounts, employees shall be paid 3% of year-to-date gross earnings for all hours compensated in 2007 prior to implementation of above rates. Dennis Conklin, I IBU a 03,- o 0 Michael Murray, MMP 1�5' . Pete Kremen, County Executive Approved as to Form: Daniel L. Gibson, Assistant Chief Civil Deputy Prosecuting Attorney Date 212 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-050 CLEARANCES Initial Dale Date Received in Council Office Agenda bate Assigned to: Originator: Wendy Wefer-Clinton 115107 - r�{��} u i-k IN 9 — i JU f 1116107 Finance & Admin Svcs Committee (Consent Agenda)/Regular Council Division Head: Karen S. Goens �/ F' 1/5/07 ' Dept. Head: DeweyG. Desler S Prosecutor Daniel L. Gibson t7t p U l Purchasing/Budget: Executive: Pete Krernen I �� SUBJECT: 2008 — 2010 IBUIMMP Collective Bargaining Agreement. ATTACHMENTS: 2008 — 2010 IBUIMMP Collective Bargaining Agreement SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT: Ratification requested of 2008 — 2010 IBUIMMP Collective Bargaining Agreement. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. AS Facilities Management AS Finance ASHunranResources Wendy Wefer-Clinton AS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract ##:200312002 Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 213 COUNT Y ORIGIIN L WHATCOM COUNTY CONTRACT NO. aoo 0 oa COLLECTIVE BARGAINING AGREEMENT By and Between WHATCOM COUNTY _►1 INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS Pacific Maritime Region +►r INLANDBOATMEN'S UNION OF THE PACIFIC January 1, 2008 - December 31, 2010 2008 — 2010 IBUIMMP CBA — page 1 214 AGREEMENT BY AND BETWEEN WHATCOM COUNTY AND INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS Pacific Maritime Region AND INLANDBOATMEN'S UNION OF THE PACIFIC The rules contained herein constitute an Agreement BETWEEN WHATCOM COUNTY, hereinafter referred to as the EMPLOYER, and the INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, Pacific Maritime Region, and the INLANDBOATMEN'S UNION OF -rHE PACIFIC, Puget Sound Region, hereinafter referred to as the UNIONS, governing wages, hours and other conditions of employment for employees as classified. The parties to this Agreement will consider the effects of ferry scheduling upon the traveling public, the employees, and the County. RULE 1 - RECOGNITION: 1.01. Recognition. The EMPLOYER recognizes the UNIONS as the representatives of all employees as classified herein and the sole collective bargaining agency for the purpose of acting for the employees in negotiating and interpreting agreements and adjusting disputes. RULE 2 - PREFERENTIAL HIRING: 2.01 _Industry Experience Preferred. in hiring employees for work in classifications covered by this Agreement, the EMPLOYER shall prefer applicants who have been previously employed in the industry; provided any such applicant is continuously available for employment. 2.02 Applicant Selection. In the filling of vacancies in entry level positions with applicants who are not then employees of the system, the EMPLOYER may reject any applicant who is deemed unsatisfactory. Employees hired into one of the nine (9) full-time positions shall be subject to a six (6) month probation period. Probationary periods can be extended for .up to six (6) months with mutual agreement by the UNION and the EMPLOYER. 2.03 Notice of New Employees. The EMPLOYER agrees to furnish the UNIONS, in writing, the names, addresses, and telephone numbers of all new employees within twenty-one (21) days of commencement of work -by such employees, exclusive of weekends and holidays. RULE 3 - SENIORITY: 3.01 Establishing Seniority. Any employee who has completed six (6).consecutive months with 120 hours or more in.a calendar month of employment shall have established seniority, and the EMPLOYER agrees to maintain and provide the UNIONS in November 215 2008 — 2010 IBUIMMP Proposal -- page 2 and at their request with updated seniority rosters showing all employees, their classifications, and their seniority dates. 3.02 Application of Seniority. Except as hereinafter limited, seniority shall be strictly and absolutely applied in the filling of vacancies, lay-offs and rehiring, promotions and demotions, and mutually agreed leaves of absence. 3.03 Promotions. In all cases of promotions, except as provided in 3.04, whenever any vacancies exist, the EMPLOYER shall offer the available position to its most senior employee; provided that such employee possesses the appropriate coast guard certification for the position and meets or exceeds the qualifications and special requirements as outlined in the appropriate job description. In the event the senior employee declines the appointment, said position shall be offered to the next most senior employee who possesses the appropriate coast guard certification and meets or exceeds the qualifications and special requirements as outlined in the appropriate job description, and so on, until the position has been accepted by one (1) or rejected by all employees as outlined above. If no crew member possesses the required certificate and qualifications outlined herein or if all qualified members have rejected the position, the position may be open to the general public. 3.04 Senior Master Vacancy. When a vacancy occurs in the position of Senior Master, the EMPLOYER will first considerfilling the position from within the bargaining unit, provided that such employee possesses the appropriate Coast Guard certification for the position and meets or exceeds the qualifications and special requirements as outlined in the appropriate job description. The EMPLOYER will fill the position with an outside candidate only after considering the qualifications of all interested persons from within the bargaining unit. However, the EMPLOYER retains discretion to determine an applicant's qualification because of the unique nature of the position. If the position is not filled from within the bargaining unit, the EMPLOYER shall meet at the request of an affected employee to discuss the hiring decision. 3.05 Promotional Probation Period. The first six (6) calendar months that a newly promoted employee serves in a position to which he has been promoted shall constitute a probation period. At anytime during such a probation period, the EMPLOYER shall have the right to rescind the promotion and return the newly promoted employee to the position that he held prior to the promotion. Probationary periods can be extended for up to six (6) months with mutual agreement by the UNION and the EMPLOYER. 3.06 Rescinded Promotion. In the event that the EMPLOYER rescinds a promotion, the position in question shall immediately be offered to the next most senior qualified employee in the employ of the EMPLOYER, who shall serve a similar six-month probationary period. RULE 4 - MANNING: 4.01 Manning. In filling vacancies, the EMPLOYER may reject any employee who is unsatisfactory. If the UNIONS feel that any rejection has been unjust and has worked a hardship on the employee involved, the dispute shall be referred to and adjudicated under the provisions of RULE 11, of this Agreement. 2008 — 2010 IBU/MMP CBA — page 3 216 RULE 5 - UNION SECURITY: 5.01 Union Membership. The employees covered by this Agreement shall be or become within thirty-one (31) days after the execution of this Agreement, members of the UNION and shall thereafter as a condition of employment, tender dues and initiation fees uniformly required as a condition of membership. 5.02 Conditions of Employment. It shall be a condition of employment that all employees of EMPLOYER covered by this Agreement who are members of the UNIONS in good standing on the effective date of this Agreement shall remain members in good standing in the UNIONS. It shall also be a condition of employment that all employees covered by this Agreement hired on or after its effective date shall on the thirty-first (31) day following the beginning of such employment become and remain members in good standing in the UNION, provided that if a public employee is a member of a church or religious body whose bona fide religious tenets or teaching forbid said employee to become a member of a labor union such public employee shall pay an amount of money equivalent to the regular union dues and initiation fee of the UNIONS to a non -religious charity or to another charitable organization mutually agreed upon by the employee and the UNIONS. The employee shall furnish written proof to the UNIONS that such payment has been made. If the employee and the UNIONS do not reach an agreement on the non -religious charity to whom the Union dues and initiation fee are to be paid, the Washington State Department of Labor and Industries shall designate the charitable organization. 5.03 Payroll Deductions. For individuals who certify in writing that they authorize such deductions, Union initiation fees and monthly dues shall be deducted from the employee's payroll and remitted to the UNIONS. Accompanying said monies shall be a list of employees, their Social Security Numbers and amounts to be credited to their account. 5.04 Union Dues. The UNIONS and each employee authorizing the assignment of wages for payment of union dues hereby agrees that the EMPLOYER shall not be a party in any dispute BETWEEN the UNIONS and an employee arising out of the EMPLOYER'S deduction of monies for union dues; provided that the EMPLOYER has forwarded said monies to the respective union. The UNIONS and the employees involved in any such dispute agree to indemnify and hold the EMPLOYER harmless from all claims, demands, suits, or other forms of liability that may arise against the EMPLOYER as a result of the EMPLOYER deducting and forwarding to the UNIONS the sums authorized to be deducted. RULE 6 - DISCRIMINATION: 6.01 Non -Discrimination. No employee shall be discharged, suspended or discriminated against for upholding. UNION principles and any employee working under instruction of the UNION or who serves on a committee may do so without losing their position for such activity. There shall be no discrimination against any individual employee of the EMPLOYER or member of the labor organization with whom the EMPLOYER has a bona fide collective bargaining agreement with respect to the hire, tenure, compensation or other terms and conditions of employment because of union membership or as required by state or federal law or regulations, except where such constitute a bona fide occupational qualification. 2008 — 2010 BUMP CBA -- page 4 217 6.02 Gender Reference. Where the masculine or feminine gender has been used in any job classification or in any provision in this agreement, it is used solely for the purpose of illustration and shall not in any way be used to designate the sex of the employee, and all references herein to the male gender will also include the female gender. . RULE 7 - SCOPE: 7.01 Scope of Agreement. This Agreement shall apply to all vessels of the EMPLOYER engaged in the transportation of passengers, automobiles, and freight on Puget Sound and adjacent inland waters. This Agreement shall apply to the employees in the deck, engine room and stewards department on such vessels. In the event other Whatcom County employees are required to sell or take fare tickets at the ferry docks, the parties hereto shall enter into negotiations for hours, wages and benefits for those employees. 7.02 Regular Employees. For purposes of this Agreement, a regular employee is defined as one (1) of nine (9) full-time employees presently employed on the Lummi Island ferry run. Regular relief employees over and -above the nine (9) regular employee complement are considered part-time but are subject to all contract provisions with the exception of Rules 13.04 and 14.03. On -call employees are not covered by the provisions of this agreement with the exception of Rules 13.01, 13.03,13.06; 13.08, 13.09, 20, 21.02, 21.04 and 22.01. RULE 8 - CREW REQUIREMENTS: 8.01 Staffing Requirements. Each and every vessel shall be manned according to the inspection certificate under which the vessel is licensed. 8.02 Adding or Changing Vessels. In the event vessels owned, planned or chartered by the EMPLOYER are added to the existing fleet, or if present units are re-engined, the EMPLOYER and the UNIONS shall immediately meet to negotiate minimum wages, a manning scale and working schedule for each such unit. 8.03 Out -of -Classification Work. Any employee assigned to work out of classification for the standard work day shall be paid at the rate of the assigned position for all hours worked in that shift. 8.04 License Fees. The EMPLOYER shall reimburse employees for the cost of Coast Guard and Federal Communications Commission license fees required in the performance of their duties. RULE 9 - VISITATION: 9.01 Union Visits. Authorized representatives of the UNIONS shall be allowed to go on the EMPLOYER'S property and on board vessels covered by this Agreement at reasonable times while at the dock or enroute. The UNIONS agree that the EMPLOYER is absolved from all claims resulting from any accident involving such representative while on the property or on board vessels of the EMPLOYER. 2008 — 2010 IBU/MMP Proposal — page 5 218 RULE 10 - DISCHARGE OR SUSPENSION: 10.01 Discharge and Suspension. No regular employee will be discharged or suspended except for just cause, and prior to any action taken against such employee, except in emergency situations (such as drunkenness on the job, assault of another person while on the job and dishonesty or other gross misconduct), the EMPLOYER will first notify the UNIONS in writing, affording them an opportunity to resolve the issue. Notification of all discharge and/or suspensions shall be in writing with a copy sent to the UNION. 10.02 Disputes Over Discharge or Suspension. Any dispute arising out of a discharge or suspension case may be referred by either party to the arbitrator under the provisions of RULE 11.01. RULE 11 - DISPUTES: 11.01 Grievances. Grievance as used herein shall mean any dispute or controversy which might arise as to the interpretation of application of this Agreement. 11.01 (a) Initial Filing. Employees must file a grievance as herein defined with their immediate supervisor within thirty (30) calendar days of knowledge of its occurrence or it shall be deemed null and void. Every effort shall be made to settle the complaint at this level. If it is not resolved within seven (7) working days after its submission, the matter may proceed to step b. If the UNION Representative or EMPLOYER wishes to file a grievance, either may do so at step b below. 11.01 (b) Grievance Written Down. Within the employee's next five (5) working days after the written responses from the EMPLOYER in step "a", the employee shall reduce the grievance to writing and present it personally orthrough his or her UNION representative to the Human Resources Manager or designee. If not resolved at this level within the next ten (10) working days the matter may proceed to step c. 11.01 (c) Arbitration. Any grievance submitted and processed in accordance with the grievance procedure provided above may be taken to arbitration by the EMPLOYER or the UNIONS as herein provided. However, prior to arbitration, the County Executive shall be advised of the dispute. Any party may, within seven (7) working days after failure to adjust the grievance in subsection "b", serve upon the other party written demand for arbitration. The parties shall select an impartial arbitrator within ten (10) working days after service of demand for arbitration. If the parties fail to agree within this period upon an arbitrator who is able and willing to serve, either party may, within seven (7) working days thereafter, request the Federal Mediation and Conciliation Service to submit a list of eleven (11) disinterested persons living in the Northwest who are qualified and willing to act as an impartial arbitrator. From this list the EMPLOYER will strike two names, then the UNIONS two names until the single name remaining is appointed as the arbitrator. 11.01 (d) Hearing Commencement. The arbitrator shall commence the hearing within a reasonable time period after his selection and shall render his award in writing thirty (30) calendar days after the close of the arbitration hearing. 2008 — 2010 BMW CBA — page 6 219 The award of the arbitrator shall be rendered in writing together with his findings and conclusions and shall be final and binding upon the parties to this Agreement and upon the complaining employee and employees, if any. 11.01 (e) Arbitrator's Fees. The arbitrator's fees and expenses, the cost of any hearing room and the cost of the shorthand reporter and of the original transcript, if requested by the arbitrator, shall be borne equally by the EMPLOYER and the UNIONS. All other expenses and costs shall be borne by the parties incurring them. 11.01 (f) Time Limitations. The EMPLOYER and the UNIONS agree to comply with the time limitations set forth above and either party shall have the rightto insist that the time limitations be complied with; provided, however, said time limitations may be waived by mutual agreement but in no event shall failure to comply with the time limitation set forth above deprive the arbitrator of authority to decide the grievance. 11.01 (g) No Work Stoppage, Slowdown, Boycott, or Lockout. All grievances as herein defined shall be settled in accordance with the procedures outlined above. There shall be no work stoppage, slow down, boycott, or lockout for any reason regardless of whether the action of either party may be reasonably concluded as violation of this Agreement or any state or federal law during the life of this Agreement. 11.01 (h) Arbitration Venue. Venue for all grievance arbitrations shall be Whatcom County unless otherwise mutually agreed. 11.02 Union Stewards. The UNIONS may elect or designate Union Stewards, who shall be recognized by the EMPLOYER. The Union Steward is recognized as an authorized representative of the Union for settling grievances and disputes. Representatives of management with authority to settle such matters will meet the Union Steward and work for the resolution of such matters. A Union Steward who has participated in step "a" of this procedure will be allowed to attend grievance meetings, without loss of wages and benefits, scheduled by the EMPLOYER. 11.03 Grievance Investigation. Union Stewards will be allowed to investigate grievances during their normal working day provided no necessary and required work is interrupted by the Steward's absence and the Steward's supervisor has given him prior approval -to engage in such activity. RULE 12 - EMERGENCY SERVICE: 12.01 Emergency Service. Emergency service, including collision, breakdown, stranding, rendering aid to another vessel, person or persons in distress, life saving and delay due to terminal damage shall not be considered overtime. The additional hours shall be paid for only at the straight time rate of pay. This provision shall relate only to the crew on watch at the time of the emergency. RULE 13 - WAGE AND OVERTIME RATES: 13.01(a) Wage Rates. Effective January 1st, 2008, the following rates shall apply for all employees on the payroll at the time of ratification or upon hire: 2008 — 2010 IBUIMMP CBA -- page 7 220 CLASS 1-1-07 1-1-08 1-1-09 1-1-10 RATE RATE RATE RATE Senior Master (MMP) 29.62 30.51 31.43 32.37 Master or Master/Engineer (MMP) 27.20 28.02 28.86 29.73 Dockhand (IBU) 20.56 21.28 21.82 22.47 Regular Relief Employee (IBU) First six months 15.37 15.83 16.30 16.79 Second six months 17.20 17.72 18.25 18.80 Thereafter 20-56 21.28 21.82 22.47 On Call Employee (IBU) 14.70 15.14 15.59 16.06 13.01(a) Effective January 1, 2007, the above rates include clothing allowances for clothing required in Rule 21. 13.01(b) Effective upon the discontinuance of Purser duties, the Deckhand and Regular Relief Thereafter classifications shall be increased by 970 per hour. 13.02 Regular Relief Employees. 13.02(a) Applicable Terms. Regular relief employees as defined in RULE 7.02 are covered by the terms of this contract, with the exception of the section(s) mentioned in that paragraph, provided that schedules for part-time workers must be reasonable. 13.02(b) Hourly Rate. On -call employees who are selected to fill a Regular Relief position shall be allowed credit for all hours worked under the collective bargaining agreement as an on -call employee in establishing their beginning Regular Relief Employee hourly rate, but not higher than the second six month rate. 13.03 Overtime Rate. The overtime rate shall be computed by multiplying the hourly rate by 1.5. Overtime must be approved in advance by the Master. 13.04 Longevity Pay. Beginning with the employee's seventh (7th) year of employment, the employee shall receive in addition to the regular rate of pay the sum of thirty-five dollars ($35.00) per month. Thereafter, on January 1 st of each year, the employee shall receive five dollars ($5.00) per month for each year of service to a maximum of twenty-five (25) years or one hundred and twenty-five dollars ($125.00) per month. Only regular employees shall receive longevity pay. 13.05 Compensatory Time Maximum. By mutual agreement, employees may accumulate up to a maximum of one hundred twenty-six (126) hours of compensatory time in lieu of paid overtime. If it is mutually agreed that compensatory time is to be accrued in lieu of paid overtime, it is the employee's responsibility to indicate when submitting overtime claims that the time is to be accrued as compensatory time rather than to be paid at the overtime rate. An employee desiring to use accumulated compensatory time off must submit a written request to the EMPLOYER in advance indicating the number of compensatory days off requested. Requests for time off will be granted subject to approval by the Senior Master. 2008 - 2010 IBUIMMP CBA - page 8 221 13.06 Stand-by for Emergency Call Out. The wage rates in 13.01(a) include pay to compensate employees' stand-by for emergency call -out and pager pay. 13.07 Senior Master Pay. The Senior Master pay includes compensation for performing duties required over and above operating the vessel. 13.08 Work on Holidays. All employees required to work on holidays shall be paid at the straight time rate of pay with one (1) additional hour's pay for each hour worked for the first nine (9) hours during the period from midnight to midnight of the holiday. 13.09 Work Beyond Nine Hours on Holidays. Any hours worked in excess of nine (9) hours on a holiday will be paid at three (3) times the regular rate. 13.10 Fare -related Supplies and Ticket Books. The EMPLOYER will make a good faith effort -to deliver ticket books, receipt books and other supplies to the work site of bargaining unit employees. However, employees who are authorized in advance to pickup ticket books at the Courthouse shall be compensated at the overtime rate of pay for the actual time spent in this activity. 13.11 Electronic Funds Transfer. All regular employees shall authorize paycheck deposit by electronic funds transfer (EFT) within thirty (30) days of employment and employees not otherwise on EFT shall authorize EFT by January 1, 2008. Institution changes require four (4) weeks notice. Employees providing documentation of their inability to open a checking and/or savings account may have this requirement waived. Employees may stop EFT in emergency situations with at least seven (7) days notice before a scheduled payday. Employees must restart the EFT within three (3) months. RULE 14 - HOURS OF WORK: 14.01 Month's Work. One hundred eighty (180) hours shall constitute a month's work for full-time employees. 14.02 Day's Work. All work performed in excess of ten (10) hours in any twenty- four (24) hour period shall be paid for at the overtime rate with a minimum of one half (1 /2) hour and in periods of one half (1/2) hour thereafter. 14.02(a) Hours Beyond Eight Comp Time Election. Employees may elect to take the ninth and tenth hour of the shift as compensatory time per department policy. Employees working out -of -class electing compensatory time per this section, shall receive eight hours of regular pay, two hours added to compensatory time bank and ten hours of out -of -class pay differential. 14.02(b) Lunch. The employee shall be entitled to a one-half (y2) hour lunch period during the daily work schedule, to be taken on the boat or on the dock. 14.03 Normal Work Schedule. All employees shall have a minimum of three (3) consecutive days off per month. The normal work schedule for Masters shall be seven (7) day shifts, seven (7) night shifts, followed by seven (7) days off. The normal work schedule for Purser/Deckhands or designated Deckhands shall be six (6) day shifts, six (6) night 2008 — 2010 BMW CBA — page 9 222 shifts, followed by six (6) days off. The normal work schedule for Deckhands shall be five (5) day shifts, five (5) night shifts, followed by five (5) days off. Deckhand preference for a six (6) day rotation shall, when all else is equal, be by seniority for available billets. The EMPLOYER will notify the UNIONS and upon request will meet and discuss any revisions to these work schedules before such changes are implemented. 14.04 Call In Prior to Shift. Employees may be called up to two (2) hours prior to commencing their regular shift with a minimum of two (2) hours overtime. (The equivalent of three (3) hours straight time pay rate.) 14.05 Call Back After Shift. Employees called back after completing a regular shift shall receive three (3) hours overtime (the equivalent of 4.5 hours at straight time rate) and in periods of one (1) hour thereafter. 14.06 Mileage Reimbursement. Employees using their private cars in performance of required duties shall be paid mileage in accordance with County regulations. 14.07 Call Back on Days Off. Employees called back to work on their regular assigned days off shall receive a minimum of four (4) hours overtime (the equivalent of six (6) hours at straight time rate) and in periods of one (1) hour thereafter. 14.08 Split Shifts. There shall be no split shifts. 14.09 Operation Changes. In the event of an economic problem or fuel shortage which affects operations of the ferry, the parties agree to meet and consider alternatives to reduce costs to the EMPLOYER or schedule changes which could include reduced hours of operations, split shifts, or other measures necessary to insure continued operation commensurate with the existing conditions. 14.10 Shift Trades. Members of the UNIONS may arrange to trade shifts with other members, provided that the substitute member is qualified to perform the same duties required of the requesting member, under the following conditions: a shift trade does not occur on a regular basis; the Senior Master be notified at least one week in advance; such trading is in no way intended to compromise management's right to set schedules as provided for in the agreement; the person who will be off work be responsible to insure that the shift is covered; and the shift change does not result in additional overtime or other such costs to the County. RULE 15 - VACATIONS: 15.01 Accrual. Employees shall receive vacation leave on the following basis: Months of Service 0-12 13-48 49 - 108 109 - 132 133 - 156 157 - 168 169+ Monthly Accrual 3.75 hours 7.50 hours 13.50 hours 15.75 hours 16.50 hours 17.25 hours 18.75 hours 2008 — 2010 lBU1MMP CBA — page 10 223 15.02 Accrual Dates. Each employee's anniversary date shall be twelve (12) months after entering the service of the EMPLOYER. The regular relief employees shall receive vacation credits on a pro rata basis, based upon total hours worked monthly. 15.03 Loss of Vacation. No employee shall lose any vacation benefits by reason of illness or mutually agreed leave of absence, and if any of these occur, he shall be paid for his accumulated vacation benefits on a pro rata basis. 15.04 Termination Cashout. Each employee who has completed a minimum of twelve (12) months of service and who is discharged for cause, or who terminates his employment, shall receive his accumulated vacation benefits. 15.05 Scheduling. Each employee entitled to vacation leave shall take his vacation at a time mutually agreed to BETWEEN the EMPLOYER and employee unless he is discharged for cause, or terminates his employment, in which event he shall receive the cash equivalent of his accumulated vacation benefits. 15.06 Holidays During Vacation. One (1) additional day's straight time shall be paid for each instance where a holiday falls during an employee's vacation. 15.07 Maximum Accrual. The maximum vacation time an employee may carry forward is thirty (30) days (270 hours) on December 31 of any year. 15.07(a) Maximum If On Payroll on 6/17/97. The new vacation accrual limit of 30 days (270 hours) is not applicable to current employees on the payroll on ,dune 17, 1997 who remain subject to a maximum accrual of 40-days vacation (360 hours). 15.08 Computation. Vacation pay shall be computed on the basis of the straight time rate in effect at the time the vacation is taken. RULE 16 - HEALTH AND WELFARE: 16.01 Health and Welfare. The EMPLOYER agrees to contribute to the cost of the Plans listed below which are offered to any employee who has completed three (3) months of employment and is compensated one hundred and twenty (120) hours or more in a calendar month, the purpose of which is to provide hospital, medical, dental, vision care, and life insurance benefits for employees of the EMPLOYER, and their dependents and beneficiaries. 16.02 Health & Welfare. The EMPLOYER agrees to make monthly contributions for employees, their spouses and dependents towards the following plans: a) Medical — Whatcom County Self -insured Plan or any successor plan. b) Dental — WCIF Washington Dental — Option 3 or any successor plan. c) Vision — Washington Counties Insurance Fund Standard Vision Plan or any successor plan. 16.03 Life and Accidental Death and Dismemberment. The EMPLOYER agrees to pay the entire premium for group life and accidental death and dismemberment 2008 — 2010 IBUIMMP CBA — page 11 224 insurance in an amount equivalent to one -year's base salary to a maximum of $50,000 for eligible employees, through a carrier selected by the County. 16.04 Premium Payments. 16.04(a) Medical. The EMPLOYER agrees to pay the appropriate monthly family premium amounts necessary to provide the medical benefits listed in Rule 16.02 up to$805 in 2008; up to $886 in 2009; up to $975 in 2010. A successor Cap plan may be required to have benefit modifications in order that coverage can be provided within the County's contribution. 16.04(b) Dental, Vision and Life Insurance. The EMPLOYER agrees to pay the appropriate monthly premium amounts and such increases as required to maintain the dental, vision and life benefits listed above. 16.05 Change or Modification. The EMPLOYER and the Unions agree that carriers may be changed, or benefits modified upon mutual agreement. 16.06 MMP Health and Welfare. 16.06(a) MMP Plan Premiums. The EMPLOYER will pay to MMP a premium for each eligible employee subject to the MMP Plan in the amount it pays for medical, dental, and vision benefits for employees represented by the IBU. If the premium or cost of providing benefits under the MMP plan exceeds the cost of medical, dental, and vision benefits for employees represented by the IBU, each affected employee will pay directly to MMP the remainder of any premium or charges due. The EMPLOYER will have no obligations to collect or pay any premiums in excess of the premium it will contribute to MMP for benefits. 16.06(b) MMP Liable For Plan. The EMPLOYER'S responsibility is limited to the payment to MMP of the premium described in 16.06(a) paragraph 4 above to enable MMP to purchase medical, dental, vision, and death benefits for its bargaining unit members covered under the collective bargaining agreement. The EMPLOYER has no liability for the failure or refusal of the MMP. plan to honor an employee's claim or to pay benefits, and no such refusal or action on the part of the MMP plan shall be attributed to the EMPLOYER or constitute, a breach of the collective bargaining agreement. Under no circumstances shall the EMPLOYER be responsible for paying any medical, dental, vision, or death benefit costs incurred by an employee in the MMP bargaining unit on or after the effective date of the MMP plan. 16.06(c) COBRA. The EMPLOYER shall have no obligation to administer in any way, shape, or manner the MMP plan or to provide COBRA notice or benefits to MMP members following the effective date of the MMP plan. 16.06(d) Return to EMPLOYER Health & Welfare Plans. The terms and conditions upon which MMP bargaining unit members could be eligible to return to participation in the benefit plans described in Rule 16.02, and16.03 and 16.04 are subjectto negotiations. 2008 — 2010 WNW CBA —page 12 225 16.06 Flex 125 Plan. All eligible bargaining unit employees may enroll in the EMPLOYER'S Flexible Spending Account Plan ("Flex 125 Plan"). 16.07 Eligibility. To be eligible for the group insurance benefits provided under this Rule 16, eligible employees must have completed three (3) months of at least one hundred and twenty (120) or more compensated hours per calendar month of employment and must receive compensation for work performed, vacation, holiday, and/or paid leave, which must equal or exceed payment for one hundred and twenty (120) hours in a calendar month. 16.08 Medical Coverage Disputes. Any dispute over a denial of coverage under the Whatcom County Self Insured Medical Plan may be appealed through Human Resources to the County Executive for final resolution. 16.09 New Employees' Self -Pay Option. if permitted by the -plan, new employees may elect to be covered under the Whatcom Self -Insured Medical Plan effective the first of the month following one hundred and twenty (120) compensated hours in a calendar month by paying the full cost of such coverage for themselves and their dependents at the applicable rates through payroll deduction. 16.10 Medical Advisory Committee. If the County establishes a medical advisory committee of County employees for the specific purpose of reviewing, modifying or substituting a medical plan provided in Rule 16.02 above, the UNIONS shall be given advance notice of such committee formation and shall be afforded an opportunity to designate one (1) representative to attend and participate in such advisory committee meetings that could impact members of the bargaining unit. RULE 17 - SICK LEAVE: 17.01 Eligibility Criteria & Accrual Rate. Cumulative sick leave shall accrue to each employee covered by this Agreement who has completed three months of at least one hundred and twenty (120) compensated hours per calendar month of employment in the amount of one (1) day for each month of employment to a maximum of one hundred twenty (120) days. In general one (1) day of sick leave is accrued each month even if an employee has accrued the maximum sick leave permitted under the contract. 17.02 Proof of Illness. Upon request of the EMPLOYER, the employee will provide proof of illness. 17.03 Accrual During Leave or Layoff. Sick leave shall continue to accrue during periods of approved sick leave or absence with pay only, and during periods of illness. If an employee is on layoff, sick leave shall not accrue during such layoff, however, upon return to work the sick leave accrual at time of layoff shall be made available to the employee and additional days shall accrue from the first month the employee returns to work. 17.04 Cashout. An employee with three (3) or more years of employment with the EMPLOYER shall be entitled to cash termination in the amount of twenty-five (25%) of their sick leave bank which has been accrued, provided that such employee has given at least thirty (30) days notice prior to termination and provided further, that this section shall not apply to any employee terminated for cause. The total amount of accumulated sick leave 2008--2010WNW CBA— page 13 226 accrued and unused by the employee shall be subject to the cash -out provisions of this RULE, regardless of when accrued. RULE 18 - BEREAVEMENT LEAVE: 18.01 Bereavement Leave. If an employee suffers a death in the immediate family, the employee shall be allowed not more than four (4) days (not to exceed 40 hours) off without loss in pay for the death of a spouse, child or parent of either the employee or the employee's spouse including step-parents and step -children; three (3) days off without loss in pay for the death of other immediate family members; and two (2) additional days off without pay upon approval of the EMPLOYER as personal holiday, vacation, comp time, or unpaid leave, to make necessary arrangements regarding the death and/or to attend the funeral. Other immediate family is defined to be: registered spousal equivalent, brothers, sisters, grandchildren or grandparents of either the employee or the employee's spouse. Employees must register their spousal equivalent with Administrative Services — Human Resources on the appropriate form before being able to utilize bereavement leave. RULE 19 - HOLIDAYS: 19.01 Holiday Schedule. The following shall be paid holidays: New Year's Day M.L. King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Personal Holiday 19.02 Personal Holiday. Each employee shall receive one (1) personal holiday each calendar year which may be taken by the employee after the employee has notified the department head one (1) week in advance of the holiday. The personal holiday must be taken during the year and cannot be cashed out upon separation. No employee shall be eligible to receive a personal day until after completion of three months of employment. 19.03 Holiday Pay. Regular employees not scheduled to work on a paid holiday shall be paid for nine (9) hours at the straight time rate of pay. Regular relief employees shall be paid on a pro -rated basis. RULE 20 - MAINTENANCE AND CURE: 20.01 Maintenance Rate. When a crew member is entitled to daily maintenance, it shall be at the rate of seventy-five dollars ($75.00) per day. For payments made, $37.50 shall be deemed maintenance and $37.50 shall be deemed wage substitute. If an employee elects to utilize sick leave for the same period in which maintenance and cure is received, the combined rate for maintenance and cure and sick leave shall not exceed the employee's regular pay. Should any lawsuit arise concerning this issue, the settlement will be reduced by the amount of wage substitute money already received under this Rule. Transportation to or from a hospital if needed shall be furnished by the EMPLOYER if the employee becomes ill or is injured on duty. 2008 — 2010 IBU/MMP CBA — page 14 227 20.02 No Pay Withheld. Wages and maintenance and cure shall not be withheld merely because an employee claimant has also filed a claim for damages or has filed suit therefore, or has taken steps toward that end, regardless of the EMPLOYER'S arrangement with the insurance company. 20.03 Reimbursement for Lost Personal Items. Crew personnel will be reimbursed for the loss of personal effects, equipment or instruments resulting from shipwreck, stranding, sinking, burning or collision of the vessel in an amount not to exceed three hundred dollars ($300.00). Each employee must provide the EMPLOYER with an itemized list including replacement value. RULE 21 - STANDARD DRESS: 21.01 Ferry Dress Code. All -personne[ covered by this Agreement shall be required to wear standard dress in accordance with Whatcom County's Ferry Dress Code. This shall consist of navy blue trousers and light blue shirts for Masters, navy blue trousers and shirts for deckhands, and a navy blue jacket as required during the seasons, and black oxford -style shoes and a regulation steamboat cap having a black top or approved ball caps and displaying the Whatcom County Ferry insignia. During inclement weather, employees will be permitted to wear foul weather gear, including a watch cap. RULE 22 - EXPENSE ALLOWANCE: 22.01 Actual Expenses. Crew members required to remain away from home over twenty-four (24) hours shall be paid for actual expenses incurred for quarters and subsistence. RULE 23 - FERRY PASSAGE: 23.01 Employee Passage. Employees and members of their immediate family who reside with them shall be allowed free passage on the Whatcom County Ferry. 23.02 Retiree Passage. Retired members and their spouses of the Whatcom County Ferry crew receiving state retirement benefits and residing on Lummi Island shall be allowed free passage. RULE 24 - JURY DUTY LEAVE: 24.01 Jury Duty Leave. When a regular employee covered by this Agreement is called upon for jury service in any municipal, county, state or federal court, the employee shall advise the department head upon receipt of such call and if taken from work for such service, shall be reimbursed as provided herein for any loss in wages while performing such services; PROVIDED, that there shall be deducted from the wages of such employee an amount equal to the amount such employee received from jury duty. RULE 25 - BENEFIT ELIGIBILITY: 25.01 Paid Leave Eligibility. To be e[igible to accrue vacation leave, sick leave, or holiday benefits under RULES 15, 17 and 19, employees must receive compensation for work performed, vacation, holiday, and/or paid leave must equal or exceed payment for 2008 — 2010 IBUIMMP CBA —page 15 228 one hundred twenty (120) hours in a calendar month. Income resulting from an industrial injury to a maximum of twelve (12) months from the date of the injury shall also be credited as compensation. RULE 26 - TERM OF AGREEMENT: 26.01 Duration. This Agreement shall be in force and in effect from January 1, 2008 until December 31, 2010, and shall continue in full force and effect thereafter during negotiations for a subsequent Agreement, unless written notice of desire to cancel or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration. 26.02 Notice of Continuation & Intent to Bargain. It is further provided that where no cancellation or termination notice is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a notice at least sixty (60) days prior to January 1, 2011 advising that such party desires to continue this Agreement but also desires to revise or change the terms or conditions of such Agreement. 26.03 Effective Date for Revisions. Revisions agreed upon shall be effective January 1st, 2008, unless otherwise specified. RULE 27 - SEPARABILITY AND SAVINGS: 27.01 Separability & Savings. If an Article or Section of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, the balance of this Agreement shall continue in full force and effect. The Article or Section held invalid shall be modified as required by law or the tribunal of competent jurisdiction, or shall be renegotiated for purpose of an adequate replacement. RULE 28 - MANAGEMENT RIGHTS: 28.01 Management Rights. Subject to strict and absolute compliance with all terms and conditions of this Agreement including past practices, the EMPLOYER retains the right and duty to manage its business, including the right to adopt regulations governing the appearance, dress, conduct, discipline and work procedures of its employees, which regulations are in no way contrary to the terms and provisions of this Agreement and in accordance with past practices and which are reasonably required to maintain safety, efficiency, quality of service and the confidence of the traveling public. Rights not specifically abrogated by this Agreement or past practice are reserved to the EMPLOYER. The UNION reserves the right to intercede on behalf of any employee who feels aggrieved because of any exercise of rights by the EMPLOYER in accordance with the conditions set out in RULE 11. 2008-2010 iBU1MMP CBA—page 16 229 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed this 16th day of January, 2007. INLANDBOATMEN'S UNION OF THE PACIFIC By: 1 � � Dennis Conklin INTERNATIONAL ORGANIZATION OF MASTERS, MATES & PILOTS Pacific Maritime Region By: Michael Murray WHATCOM COUNTY, WASHINGTON APPROVED AS TO FORM: / Jz� lk"-' Assistant Chief Civil Deputy Prosecuting Attorney Pete Kremen Whatcom County Executive DATE COUNCIL APPROVED: 2008 — 2010 BMW CBA — page 17 230 LETTER OF UNDERSTANDING BY AND BETWEEN WHATCOM COUNTY, WASHINGTON, THE INLANDBOATMEN'S UNION OF THE PACIFIC AND THE INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS This Letter of Understanding is in consideration of the January 1, 2008- December 31, 2010, collective bargaining agreement BETWEEN the Inlandboatmen's Union of the Pacific (IBU), the International Organization of Masters, Mates and Pilots Union (MMP), and Whatcom County. 1. Until Purser/Deckhands agreement will be: Position Purser/Deckhand the purser duties are discontinued, the rates for the three (3) current and anyone appointed to this- classification during the term of this 1-1-07 1-1-08 1-1-09 1-1-10 24.06 24.78 25.52 26.29 2. Effective with the discontinuation of the purser duties, the rates for those in the Purser/Deckhand classification at that time shall become a Grandfathered-Deckhand classification: Position 1-1-07 1-1-08 1-1-09 1-1-10 Grandfathered-Deckhand 24.06 24.78 25.52 26.29 3. Employees who because of their shift assignment must make bank deposits outside their regular work hours shall be compensated at the rate of ten dollars ($10.00) for each shift worked as a purser. It is understood and agreed that this compensation constitutes full payment for all job -related off -duty time spent in this activity. Effective with the discontinuation of the purser duties, $.42 per hour will be added to the Grandfathered-Deckhand rate above. Approved as to Form: A,t "."J 2 0 Daniel L. Gibson Da Assistant Chief Civil Deputy Prosecuting Attorney 2008 — 2010 IBU/MMP CBA — page 18 231 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 33 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Brenner 1/9/2007 1/16/2007 Public Works Com Division Head: Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Discussion regarding speed limit reduction on three locations of the Y Road ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? { } Yes { X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public !rearing, you mustprovide the language far use in the required public notice. Be specific and cite RCW or WCCas appropriate. Be clear in explaining the intent of the action.) Discussion of possibly reducing the speed limit in three sections of the Y Road. 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. 232 T 0 : What c om County Council and What c om County Public Works. FROM: Steve Otten. RE: Speed limit on the "Y" Road. DATE: Dec. 11, 2006. I would like the County Council and Public Works Department to also consider the speed limit on the ""Y"' Road. The speed limit on the north portion of the "Y" Road needs to be reduced from the current 40 M.P.H. to 35 M.P.H. On the map below I have indicated 3 locations where some drivers simply drive to fast. This is creating a dangerous and potentially fatal _. ait.uat ion. 1. As traffic heading east turns onto the t'Y" Road. 2. At the intersection of the "Y" Road and Squalicum Lake Rd. 3. The corners on the '"Y" Road. DISTRIBUTED TO Thank You, DEC 12 2006 Steve Otten 4418 "Y" Rd. ALL COUNCIL MEMBERS B"ham, WA. 98226 WHATCOMCOUNTYCOUNCIL (360) 927-1076 N�san Rd olsnn 'ihW`LZ it 3 it - Towanda 233 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 32 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Brenner 1/9/2007 1/16/2007 Public Works Corn Division Head: Dept. Head: Prosecutor: Furchasrnpl,Budget Executive: TITLE OF DOCUMENT. Discussion regarding letter to WSDOT- installation of stop signs at 1-5 Exit 270 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a (rearing ? ( ) Yes ( x ) NO Requested Date: SUM" YSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide lire language far use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining lire intent of the action.) Discussion regarding a request to install stop signage at Exit 270 on Interstate 5. COMMITTEEACTION: 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.whateom.wa.us/council. 234 (1/3I2007) Dana. Brown -Davis - [=wduThank you and Exit 270 on 15 -� _.____ Page 1T From: <BBGUN1010@aol.com> To: <hkpyles@dccnet.com>, <nhanson@co.whatcom.wa.us>, <dbrow n@co.whatcom.wa.us> Date: 12/21/2006 9:52 AM Subject: Fwd: Thank you and Exit 270 on 15 Attachments: Re: Thank you and Exit 270 on 15 Thought you'd be interested in knowing that public works supports the county requesting the state to install stop signage at the exit. I'll put it on our agenda for a January public works committee meeting to see if we can get the council's approval to send a request to the state. Have a Merry Christmas. Barbara Brenner 235 WHATCOM COUNTY COUNCIL AGENDA BILL N0. 2006-47 1 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: rigin tor.- btnk Origin Ori inator.• -13-�16 1/16/07 P&D/Council Division Head: De L Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Cabochon Construction, Planned Unit,PUD06-0004, and Preliminary Long Subdivision, LSS06-0009, for "10.10 Telegraph Road Plat" ATTACHMENTS: Hearing Examiner files: Cabochon Construction, PUD06-0004 and LSS06-0009, and Recommendation, and Memorandum to Council Members, dated December 13, 2006 SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a Bearing? { ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public Bearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear it: explaining the intent of the action.) The Whatcom County Hearing Examiner hereby recommends the' Whatcom County Council approve the Planned Unit Development and Preliminary Long Subdivision, proposed by Cabochon Construction, for the proposal to be known as "1010 Telegraph Road Plat, " subject to conditions. 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. 236 RE: Planned Unit Development ) PUD06-0004 Preliminary Long Subdivision ) LSS06-0009 Application for } } FINDINGS OF FACT, Cabochon Construction ) CONCLUSIONS OF LAW, "1010 Telegraph Road Plat" ) AND RECOMMENDATION TO } WHATCOM COUNTY COUNCIL SUM MARY OF APPLICATION AND RECOM MI;NDATION Application: The Applicant seeks Preliminary Long Subdivision and Planned Unit Development Approval for the proposed creation of 15 single-family residential lots, with associated wetland buffer open space and other open space tracts on a 2.99-acre parcel located at 1010 Telegraph Road, Bellingham, Washington. The property is within the City of Bellingham Urban Growth Area. The Technical Review Committee of Whatcom County Planning and Development Services has recommended approval of the proposed subdivision and PUD, subject to conditions. Recommendation: The Whatcom County Hearing Examiner recommends the Whatcom County Council grant Preliminary Long Subdivision and Planned Unit Development Approval to the -proposed 15-lot development, to be called "1010 Telegraph Road," subject to conditions. The Hearing Examiner is recommending that the Whatcom County Council eliminate Condition #19 in the Staff Recommendation, which would require a note be placed on the face of the plat prohibiting accessory dwelling units. . FINDINGS OF FACT INTRODUCTION The following Findings of Fact and Conclusions of Law are based upon consideration of the exhibits admitted and evidence presented at the public hearing. I. Applicant: . Cabochon Construction and Development, Inc. I 237 Site Location/Address: 1010 Telegraph Road Bellingham, WA 98226 Legal Description: within a portion of the NWl/4 of the NW '/a of Section 18, T38N, R3E, W.M. Assessor's Parcel Nos: 440465 and a portion of 384481 Zoning: Urban Residential Mixed Use (URM)Q Comprehensive Plan: Bellingham Urban Growth Area (UGA) Subarea: Bellingham Urban Fringe (URF) Number of Lots: 15 single-family lots Open Space: four open space tracts Total Acreage 2.99-acres Roads: Private Water Supply: City of Bellingham Water and Sewer District Sewage Disposal: City of Bellingham Water and Sewer District )Fire Protection: Whatcom County Fire Distinct No. 4 Law Enforcement: Whatcom County Sheriff s Office Public Schools: Bellingham No. 501 Topography: nhy: Flat with a creek corridor (wetland depression) in the northern part of the site Vegetation: Mixture of coniferous and deciduous trees, shrubs, grass and wet soil plants. Adjacent Land Use: Mixture of undeveloped woodland, single-family residences, commercial uses Utility Easements: Necessary utility easements will be established prior to recording the final plat. Variances: No variances requested SEPA Review: Determination of Non -significance, issued September 29, 2006 2 238 Authorizing Ordinances: 1) Revised Code of Washington Chapter 58.17 2) Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance 3) Whatcom County Code Title 21, Subdivision Regulations 4) State Environmental Policy Act (SEPA)..Washington Administrative Code Chapter 197-11 Whatcom County Environmental Policy Administration Chapter 16.08 5) Whatcom County Code Chapter 12.08, Development Standards 6) Whatcom County Code Chapter 16.16, Critical Areas Legal Notices: Posted — November 21, 2006 Mailed — November 16, 2006 Published = July 19 and November 23, 2006 Hearin Date: December 6, 2006 Parties of Record: Cabochon Constriction and Development, Inc. Ali Taysi 114 West Magnolia, Suite 501 Bellingham, WA 98225 Mary White Division of Engineering Marilyn Bentley Planning and Development Services Steve and Cathi LeCocq . 127.5 East Bakerview Road Bellingham, WA 98226 Exhibits: 1 Land Use Application 2 Legal Notice, dated July 19, 2006 3 DNS, dated September 29, 2006 d Staff Report, dated November 20, 2006 5 Wetland Agency Comments 6 Certificate of Mailing, dated November 16, 2006 3 239 8 Memorandum, dated August 1, 2006 from neighboring property owner 9 Zoning Map 10 Vicinity Map 11 Aerial Map . 12 Wetland Delineation, November 2005 13 Mitigation Plan, January 2006 14 Preliminary CC&Rs 15 Deeds 16 Revised Site Plan 17. Posting Notice, dated November 21, 2006 18 Addendum to Staff Report, dated December 6, 2006 re: Condition #19 of the Staff Report 19 Revised Preliminary Stormwater Report, dated August 2006 lip The Applicant is requesting Preliminary Long Subdivision and Planned Unit Development Approval for the proposed creation of 15 small, single-family residential lots and.associated open space tracts on a 2.99-acre parcel, located at 1010 Telegraph Road, within the City of Bellingham's Urban Growth Area. Sewer and water will be supplied to the proposed subdivision by the City of Bellingham,. under the terms of a Utility Service Zone Agreement entered into between the Applicant and the City. III. The proposed lots range in size from 5,094-square feet to 1,207-square feet. All but two of the lots will have less than 2,000-square feet. The Applicant is proposing an unique PIanned Unit Development, which consists of small cottages on very small lots, plus an off -lot parking area, all to be located in the southeast portion of the parcel. Most of the,parcel will remain in open space. An open space tract containing a large on -site wetland and its buffers will set aside 54% of the parcel. More than 50% of the parcel will be in open space, including the wetland and its buffer, and -the associated 100-foot protective buffer of a fish- 4 240 bearing tributary to Baker Creek. . The proposal includes requirements for significant restoration of an existing degraded buffer and an additional wetland restoration. The applicant has agreed to a request by the City of Bellingham Parks Department that the Applicant grant Parks a trail easement through open space areas, with the easement location to be determined in future. The proposal allows maximum development of a site which will mostly remain in open space due to critical area's by using an innovative combination of small cottage style houses on very small lots, with an associated off -lot parking area. The zoning regulations require a minimum density of six dwelling units per acre in this Urban Residential zone. This proposal meets this requirement through the creation of small lots using the PUD modification process. 1V. The Technical Review Committee has recommended in Condition No. 19 of the Staff Report a condition requiring "a note shall be placed on the face of the plat prohibiting accessory dwelling units." The Hearing Examiner is forwarding a recommendation to the County Council which would eliminate this condition. The Hearing Examiner is sending to the County Council with this recommendation a memorandum discussing the issue of placing notes on the face of the plat which prohibits accessory dwelling units. In this case, accessory dwelling units would be'probably infeasible on all but the single lot of 5,094-square feet. However, the proposed subdivision is within the Urban Growth Area for the City of Bellingham and will likely be annexed to the City in the future. Placing a note on the face of the plat forbidding accessory dwellings is not required by the Whatcom County Code and could unnecessarily limit future flexibility regarding land use on this site. V. The Technical Review Committee of Wbatcom County Planning and Development Services has recommended approval of this proposal in a Staff Report, Exhibit #4 in the Hearing Examiner file, a copy of which is attached hereto and incorporated herein by this reference. There was no public comment on this proposal at the public hearing. The Applicant has indicated that the Factual Findings set forth in the Staff Report are accurate. The Applicant has indicated no objection to any of the Conditions of Approval recommended by Staff. The Findings of Fact set forth in the Staff Report are supported by the record as a whole and are hereby adopted by . the Hearing Examiner as Findings of Fact herein. 241 V1. Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted as such. Based on the foregoing Findings of Fact, now are entered the following CONCLUSIONS OF LAW 1. Subject to the Conditions of Approval recommended by the Hearing Examiner, the proposed Preliminary Long Subdivision and Planned Unit Development will be consistent with the requirements of RCW 58.17, the requirements of the State Environmental Policy Act, the requirements of Chapter 12.08 of the Whatcom County Code, Development Standards, the requirements of Chapter 16.16 of the Whatcom County Code, Critical Areas, the applicable requirements of WCC Title 20, the Official Whatcom County Zoning Ordinance, and the applicable requirements of WCC Title 21, the Subdivision Regulations. H. The TechnicalReview Committee of Whatcom County Planning and Development Services has indicated in the attached Staff Report the Technical Committee's conclusions in regard to the . proposed Long Subdivision and Planned Unit Development's conformance with both the . requirements of State and local law, as indicated. above. The Technical Review Committee has concluded, as does the Hearing Examiner, that the proposal does meet these requirements. The conclusions set forth in the Staff Report by the Technical Committee are adopted as Conclusions of Law by the Hearing Examiner. Based on the above Findings of Fact and Conclusions of Law, the Whatcom County Council should granted approval to the proposed Preliminary Long Subdivision and Planned Unit Development, subject to conditions. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following RECONEMNDATION The Whatcom County Hearing Examiner recommends that the Whatcom County Council grant Preliminary Long Subdivision and Planned Unit Development Approvalfor theproposed 15single-family residential lot development on a 2.99-acre parcellocated at 1010 Telegraph Road, within the Urban Residential Mixed Use District, and within the City of Bellingham Urban Growth Area, subject to the following conditions: 1) The use and location on the site shall not be amended or changed in any way without further G 242 approval of the Whatcom County Hearing Examiner. 2) The applicant shall comply with all of the conditions of the Whatcom County Division of Engineering, memorandum dated September 7, 2006, unless modified by the Division of Engineering or appealed to the appropriate agency. 3) The applicant shall comply with the conditions of the Whatcom County Deputy Fire Marshal, memorandum dated May 18, 2006, unless modified by the Deputy Fire Marshal or appealed ' to the appropriate agency. 4) The applicant shall comply with the conditions of the Whatcom County Chief Plans Examiner, memorandum dated November 14, 2006, unless modified by the Chief Plans Examiner or appealed to the appropriate agency. 5) The applicant shall comply with the conditions of the Whatcom County Critical Areas Administrator, memorandum dated November 14, 2006, unless modified by the Critical Areas Administrator or appealed to the appropriate agency. 6) The applicant shall comply with the conditions of the Whatcom County Health Department, memorandum dated August 1, 2006, unless modified by the Health Department or appealed to the appropriate agency. 7) The applicant shall comply with all conditions of the City of Bellingham Utility Service Zone Agreement, as outlined in the City of Bellingham Public Works Department, memorandum dated November 15, 2006, unless modified by the City of Bellingham Public Works Department or appealed to the appropriate agency. 8) Should archaeological materials (bone, shell midden, cobble tools, etc.) are observed during project activities, all work in the immediate vicinity shall stop and the area shall be secured. The State Office of Archaeology and Historic Preservation (360-586-3065), the Lummi Nation (LNT HPO) (384-2298) and the Whatcom County SEPA Administrator (676-6907), shall be contacted immediately in order to help assess the situation and determine how to preserve the resource(s). Compliance with all other applicable laws pertaining to archaeological resources is required. 9) All outside lighting shall be installed pursuant to WCC 20.80.523 to reduce impacts to adjacent residential uses and streets. 10) The applicant shall provide some type of screening/protective barrier along the eastern property. boundary, by agreement with the neighboring property owner on that side. If these parties cannot agree, the issue shall be submitted to the Hearing Examiner for resolution. 11) All trash collection areas shall be enclosed on three sides by a 4-foot high, solid wood fence. In addition, the applicant shall contact the local service provider to determine if the proposed 7 243 location will allow adequate maneuverability for garbage and recycling trucks. 12) Written verification of a Contract to Purchase TDRs is required prior to preliminary plat approval. 13) The final CC&Rs shall be modified to specifically indicate. the type of facilities (i.e. playground equipment) to be installed on the playground, and safety and maintenance of the playground shall be included in the CC&Rs as the responsibility of the Community Association. 14) The playground and all equipment shall be installed prior to final plat approval. 15) Community identification signs shall be permitted pursuant to WCC 20.80.470 (4) Exemptions. 16) No sign shall be located closer than 10-feet to any right-of-way, per WCC 20.80.410 (1), and a building permit shall be obtained for any and all signs installed on the site. 17) Proper inscriptions shall be placed on the face of the mylar. 18) All appropriate deed, dedications, and easements will be established on the face of the plat during the final review process, and recorded on the face of the mylar. 19) The Applicant shall comply .with the request of the City of Bellingham Parks Department for a trail easement through the open space areas of the parcel, with the final location to be decided in the future. This. recommendation of the Hearing Examiner will be forwarded to the Whatcom County Council for Council approval, disapproval, or other action, within twenty-one days, as set forth in WCC 20.85.340. No land comprising any part of a proposed Planned Unit Development and subdivision to be established henceforth per this decision shall be sold, leased or offered for sale or lease until such plan or subdivision has been approved as provided by Whatcom County Code Title 21, and in the case of a subdivision, until the final plat thereof has been filed for record with the. Whatcom County Auditor, except as provided in Section 21.20.130.6. Any person so selling, leasing or offering for sale any such lot, tract or portion thereof shall be guilty of a gross'misdemeanor, and subject to a fine of not more than five thousand dollars ($5,000.00) or imprisonment for not more than ninety (90) days, or both. DATED this 13'b day of December 2006. Michael Bobbink, Hearing Examiner M 244 November 20, 2006 WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES STAFF REPORT The application of Cabochon Construction LSS2006-00009 & PUD2006-00004 for a Long Subdivision and Planned FINDINGS, CONCLUSIONS, Unit Development (1010 Tele-graph Road) I AND RECOMMENDATIONS 1. SUMMARY OF APPLICATION AND RECOMMENDATIONS Summary: The project consists of 15 single-family residential lots, a wetland and wetland buffer open space tract and three other open space tracts located on a 2.99-acre site at 1010 Telegraph Road within the City of Bellingham's Urban Growth Area. Recommendation: The Technical Review Committee recommends approval of the requested permits, subject to the attached conditions. II. PRELIMINARY INFORMATION A. BACKGROUND INFORMATION Applicant: Cabochon Construction and Development, Inc. (Ali Taysi) 114 West Magnolia, Suite 501 Bellingham, WA 98225 Site Location/Address: 1010 Telegraph Road Bellingham, WA 98226 Legal Description: Located within a portion of the NWY4 of the NW'/ of Section 18, T38N, R3E, W.M, Assessor's Parcel Nos: 440465 & portion of 384481 Zoning: Urban Residential Mixed Use (URMX) Comprehensive Plan: Bellingham Urban Growth Area (UGA) Subarea: Bellingham Urban Fringe Area (URF) EXHIBIT Number of Lots: 15 single family lots Oven Space: 4 open space tracts Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 W Land Use !) sion12 Land Use DMsionWan7ydLom Pials1staRreporUISS2006-0091010 Telegraph Roaddoc 245 Sewage Disposal: City of Bellingham Water and Sewer District Fire Protection: Whatcom County Fire District No. # 4 Law Enforcement: Whatcom County Sheriffs Office Public Schools: Bellingham No. 501 Topography: Flat with a creek corridor (wetland depression) in the Northern part of the site Vegetation: Mixture of coniferous and deciduous trees, shrubs, grass and wet soil plants. Adjacent Land Use: Mixture of undeveloped woodland, single family residences and commercial uses Utility Easements: Necessary utility easements will be established prior to recording the final plat. Variances: No variances requested SEPA Review: Determination of Nonsignificance issued September 29, 2006 B. Procedural Information Authorizing Ordinances: 1) Revised Code of Washington Chapter 58.17 2) Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance 3) Whatcom County Code Title 21, Subdivision Regulations 4) State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11 Whatcom County Environmental Policy Administration Chapter 16.08 5) Whatcom County Code Chapter 12.08, Development Standards 6) - Whatcom County Code Chapter 16.16, Critical Areas Site Description The subject 2.99-acre site, is made up of two parcels, located on the north side of Telegraph Road between James Street and Deemer Roads. The 1prger parcel is a rectangular site with approximately 197-feet of frontage on Telegraph Road and a depth of approximately 654-feet. The second smaller somewhat triangularly shaped piece of property is located adjacent to the larger parcel in the southwest corner. A Boundary Line Adjustment is in process and will be recorded prior to the hearing. 19ai f arc 'I has; pprokima ly '153 feeT=of frontage on Telegraph Rb d, a :depth of approximately 144 Jeeton the:eas .side.and measures approxim tely,,.lb feet..along the.wesflnorth.leg —As -previously stated, the topography is described as fairly flat with a creek corridor (wetland depression)- in the Northern part of the site. Vegetation consists of a mixture of coniferous and deciduous trees, shrubs, grass and wet soil plants. Surrounding properties on all sides are zoned Urban Residential Mixed Use (URMX). Property to the north consists of woodland with a single-family residence. Property.to the west consists of undeveloped woodland with the creek corridor continuing on through that site to the west. Property to the south across Telegraph Road is developed with single-family residences, and property to the east is developed with single-family residential uses. Proiect Proposal The subject long plat development is a 15-lot single-family project, with an open space/conservation easement and pedestrian easement (trail) on Tract A, a storm water detentionlroadway and playground area on Tract B, open space reserve on Tract C and parking area on Tract D. Residential lots range in size from 1,207-square feet to 5,094-square feet in size. The applicant has also submitted a Planned Unit Development application stating: "...We will be requesting flexibility in our lit design standards in order to reduce the minimum lot size below 4,000-square ft, to reduce the lot frontage, width and depth requirements below the allowed minimums & to reduce setback requirements on some lots. We will also be requesting flexibility from the requirements to front on public roads, water mains & sewer mains (per C.O.B. Stds.) for our lots." In exchange for the above requested design flexibility, the applicant states: 'We will engage in significant wetland enhancement (buffer enhancement), restoring existing degraded buffers to full functionality. We will also engage in conservation. of extensive open space (up to 54% of the site). We will also engage in design characteristics that encourage community interaction (with the project). We will also utilize construction methods & materials in order to produce products that are built green & energy stat certified! B. PLANNED UNIT DEVELOPMENT REVIEW Conservation of natural elements and features Critical Areas Review Northwest Ecological Services, LLC prepared Wetland Delineation and Mitigation Plans for the site in November of 2005. These plans were submitted to Planning and Development Services on July 7, 2006. The Whatcom County Critical Areas Administrator has reviewed the plans, inspected the site and submitted a memo on dated November 14, 2006 with following comments and conditions of approval for the subject proposal: "The applicant proposed to apply for a land disturbance permit independent of the LSS project so as to facilitate mitigation construction in the fall of 2006 3 247 M-15-in. irrtf}veRced mrtigatibn opporttintties:ilit�rveGtd atld�'ess �r potenttaCeveloprnenf.on #h :adjacent parcal to tfie west°, Tfi applicant also wan#ed'ta initiate demolition of existing site structures and implement the approved mitigation plans 'independent of the LSS approval process. The applicant bonded fully for the demolition and clean up of existing structures as well as for the proposed mitigation. Under these circumstances; LDP2006-00275 was issued on November 6, 2006. The following special conditions were required for issuance of LDP2006-00275. These same conditions apply to approval of 102006-0 . - In addition, implementation of all aspects of the mitigation plans, including the preparation of the as -built plan and the performance monitoring reports, shall be accomplished by a qualified specialist." LDP2006-00275 Conditions Wetland A shall be given a Category 11 rating with low habitat function score. These along with high intensity development, yields a 100-ft protective buffer. • The tributary to Baker Creek is fish -bearing and therefore, is afforded a 100-ft buffer.. The 100 ft buffer on Wetland A prevails as it extends further onto the subject property than the stream buffer. • Given the opportunity and probability of substantial ecological lift with mitigation, the proposed residential project is allowed to encroach 25 percent in to the outer 100 foot buffer. • Two mitigation plans have been submitted; one is for the proposed development and the other is an advanced mitigation plan for a soon -to -be -proposed development on the adjacent parcel. Both mitigation.plans shall be implemented as a function of this LDP. • A conservation easement shall be recorded for the area contained in the NGPE and north on the parcel to provide additional required protection to the wetland/stream system. A split rail fence and NGPE signs at 100-ft.intervals shall be installed along the NGPE boundary. • The applicant may establish a trail through the outer 25 percent of the reduced buffer, or no closer than 75-feet from the edge of wetland A. • Approximately 14,000-square feet of degraded buffer shall be restored through removal of buildings, refuse and fill, and planted with native indigenous trees, shrubs, and an herbaceous groundcover per the mitigation plans. • An additional 18,000-square feet of wetland restoration shall be implemented by removing fill from the area of pre-existing wetland and planted with native indigenous trees, shrubs, and an herbaceous groundcover per the advanced mitigation plan. • An upland seed mix and wetland seed mix comprised of native indigenous species shall be planted in addition to the containerized stock. Seed mixes shall be approved by PDS critical areas staff before installation. y 4 248 j r A=stlt fence.and construction fencing sha�I: be installedinspected dot rid the: margin of. tFie treated;:area:,and:againr;t the undisturbed Wotland.•:The--applicant shall:`calf for-ari ihspection prior °=; to any land disturbance activity. A 10 percent non-native invasive weed standard shall be utilized. The amount of credit available from advance mitigation to address unidentified adverse impacts on the adjacent parcel is undetermined for this permit and will be determined once a proposed project is advanced on adjacent parcel #380318384481. Release of mitigation credit for the undetermined impacts will be contingent on review and .approval of the nature, design, construction, and siting of the proposed project on parcel #380318384481 in compliance with WCC 16.16, including mitigation sequencing (16.16.260A). •.. The applicant shall submit an as -built plan upon completion of mitigation installation' no later than November 30, 2006. • Annual performance monitoring by a qualified specialist shall be conducted over -a five-year period. Annual performance monitoring reports shall be submitted by November 30 of each .year. • Adjustments may be necessary to the mitigation plan at the discretion of the Technical Administrator based on the result of demolition of existing buildings and removal of fill for wetlands restoration. • The applicant shall comply with all other conditions associated with LDP2006-00275. The applicant shall comply with the above conditions of the Critical Areas Administratoras memo of November 14, 2006 unless modified by the Critical Areas Administrator or appealed to the appropriate agency The Lummi Nation Tribal Historic Preservation Office (LNTHPO) submitted a letter dated August 2, 2006 stating that they have coordinated an internal review, and have determined that an archaeological assessment is -not required at this time. The LNTHPO does, however, request that the following inadvertent discovery language be included as a condition of approval of this permit. Should archaeological materials (bone, shell midden, cobble tools, etc.) are observed during project activities, all work in the immediate vicinity shall stop and the area shall be secured. The State Office of Archaeology and historic Preservation (360-586-3065), the Lummi Nation (LNTHPO) (384-2298) and the Whatcom County SEPA Administrator (676-6907), shall be contacted immediately in order to help assess the situation and determine how to preserve the resource(s). Compliance with all other applicable laws pertaining to archaeological resources is required. The Deputy SEPA Official issued a Determination of Completeness on September 29, 2006. 2) Harmony of selected uses to each other Surrounding Properties J0 As previously indicated, the surrounding properties on all sides are also zoned Urban Residential Mixed Use (URMX). Property to'the north consists of woodland with a single-family residence. 5 249 RrQper#y ta#he wes# uoris s s of unaieveioped`woo,, and w-- i °the cre-­comdor edntinuin' on�_through that site2-to,the.southeast P:ropei#y. to -the south'across Telegraph Road is developed:wi#h single-family . residences, and property to the east is also developed with single-family residences and some commercial uses. Therefore, the Technical Review Committee finds that this single-family development will be harmonious with the existed and proposed residential mixed -use character of the surrounding area. Additionally the proposed trail will provide a connection for neighborhood access and enjoyment of the outdoors in the area. Building Services Review The Whatcom County Chief Plans Examiner submitted a memo dated November 14, 2006 with the following generic subdivision conditions of approval applicable for this proposal: 1) A building permit is required at the initial site development stage of the project for any proposed nonexempt structures or buildings. See the 2003 International Building Code (IBC), Section 105.2 regarding nonexempt structures. 2) When applicable, development stages that include the construction of multi family and mixed occupancy (commercial) projects shall require the applicant to apply to the Building Official for a pre -application screening prior to building permit. application submittal. A pre -application meeting may be required at the discretion of the Building Official. 3) A Washington State Professional Engineer may be required to engineer applicable portions of any proposed nonexempt structures or buildings. 4) The proposal shall comply with all applicable codes and ordinances adopted by Whatcom County. 5) Nonexempt structures may include fences, retaining walls, concrete vaults and other poured -in -place concrete structures, some retention/detention structures, bridges, permanent signs and the like. 6) All information, details, conditions and specifications which determine the building envelope for each individual lot, including but not limited to easements, setbacks, critical areas buffers, etc., shall be clearly indicated on the face of the approved, recorded plat and/or subdivision plan(s), no exceptions. The applicant shall comply with the above conditions of the Chief Plans Examiner's memo of November 14, 2006 unless modified by the Chief Plans Examiner or appealed to the appropriate agency. In summary the Technical Committee finds the subject proposal to be in harmony with existing and future uses designated for urban densities and urban growth. 3) Grouping and design of buildings, service, parking areas, circulation and open space as an integrated -unit such that a safe eificignt and convenient PUD is created. The Deputy Fire Marshal, Chief Plans Examiner and Division of Engineering have not identified any life safety issues related to the proposed design or grouping of buildings. 6 250 4) Harmony of the proposed PUD with the existing and proposed characteristics of its surroundings, with emphasis and due consideration given to air, water and soil pollution, flood protection and aesthetics. As stated previously, the proposal has been determined to be harmonious with the character of the surrounding area. (See page 6 of this report). Water and soils have been reviewed by the Division of Engineering and Critical Areas and the site is not within a designation flood zone or flood way. The site has been designed to comply with the aesthetic design requirements of the City of Bellingham. Thus, the Technical Committee finds that properly mitigated the proposal will not significantly change the character, and will comply with the intended land use pattern established by the Comprehensive Plan, and zoning for the area. 6) Conformance with the policies, goals and objectives of the comprehensive plan. The proposed preliminary plat conforms to the requirements of GMA, is consistent with the Comprehensive Plan and the Urban Fringe Subarea Plan, is consistent with County -Wide Planning policies and is consistent with interlocal planning agreements. The following goals, policies and code sections support the proposed project: Growth management Goals (RCW 36.70A.020) Urban Growth Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Housing Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Public Ensure that those public facilities and services necessary to support Facilities and development shall be adequate to serve the development at the time Services development is available for occupancy and use without decreasing current service levels below locally established minimum standards. County Wide Planning Policies Policy F.13. In urban Growth Areas where development is occurring based on the presence of utilities, urban development shall meet common urban standards including fire flow requirements and supply. The county and the cities will work together to develop reasonable standards over time. Policy G.2. The county and the cities shall plan for a range of housing types and costs commensurate with their affordable housing needs. Policy G.3. Affordable housing should be convenient to major employment centers and public services or be designed to accommodate public transportation. 7 251 Comprehensive Plan Goals and Policies Policy 2A-1: Concentrate urban levels of development within designated urban growth areas. Goal 2C: Channel growth to areas -where adequate services can be provided. Urban Fringe Subarea Plan A. General policies applicable to the Urban Fringe Subarea and Bellingham's Urban Growth Areas. The following list of policies are intended to ensure cooperation between Whatcom County and the City of Bellingham in directing and managing urban and rural development in the Urban Fringe Subarea. In adopting these polices, both jurisdictions agree to: Policy 1.03 Provide opportunities for a diversity of housing types in the Urban Growth Area. Policy 1.05 Direct urban growth and development into areas where existing City utilities and services are available and can be readily expanded. Policy 1.06 Promote development that supports and enhances efficient public transportation and an intermodel transportation system. Policy 1.08 Cooperate and coordinate with special districts and other governmental agencies' to ensure efficient provision -of a full range of urban services in the Urban Growth Area. Policy 1.09 Continue joint City and County site plan review for all new residential, commercial, industrial, and Airport Operations development in the Urban Growth Area. Note: No comments were received from the City of Bellingham Planning Department and that Department did not send a representative -to either the Pre -application meeting or the final TRC Meeting. Policy 1.10 Recognize that the City of Bellingham will be the primary provider of urban services and facilities within its designated urban growth areas. 7) With regard to compliance with Title 20 and Title 21, and other land use Controls, the Technical Review Committee finds the following: The subject site is designated Urban Residential Mixed (URMX). Additionally, the subject site is designated as a Short Term Urban Growth Area in the Comprehensive Plan. The URMX zone requires Minimum net density, per WCC 20.24.252.. The net density is based on the subtraction of critical areas, their buffers and all infrastructure from the gross density of 2.99-acres. In this case the net parcel size would be 47,087 squire feet, which would provide only 6.5 units. Therefore, in order to meet the applicant's goal of 15 units, the applicant will purchase three TDRs, (totaling 9 density units). Written verification of the contract to purchase TDRs is required prior to preliminary plat approval. 8 252 _' . A �arev ousl f teal; the applEcant submitted:a Planned Unit-Ae�elopr6bht applicaation This-a�pl_ cation;';:'' OR...'allow a refit . ion ln-R a mrnimum,ll size from 4,006 square feet to.as; low as:1.,20.7-square feet; reduction of the 5-foot'rear yard setbacks from zerq l-#oot, 'and" reduction ofthe #ront yard setbacks from 20-feet to 3-feet, pursuant to WCC 20.85.1091 & 2. Parking will also be provided in a central park[rfgFarea; sot— ri th- t idi�duallots. -Additionally;-the following summaryindica-tes compliance of the- -- proposal with the URMX zoning and subdivision lot design requirements in relation to the modifications provided by the PUD section: Parameter Minimum density: Minimum Lot size: Min. width @ street line: Min. mean depth: Zoning/Subdivision Req.'s. 6 dwellings per acre 4,000-s.f. NIA NIA Applicant's Proposal 6 dwellings per acre 1,207-s.f. (PUD modification) 26-feet 43-feet The applicant did not request accessory dwelling units. In summary the proposed subdivision complies with the density and lot size requirements of the URMX zone as modified through the PUD & TDR processes. A note shall be placed on the face of the plat prohibiting accessory dwelling units. Comments on Schools and Fire Protection With regard to schools and fire protection, RCW 82,02.050(b) states: ".:.To promote orderly growth and development by establishing standards by which counties, cities and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve the growth and development..." No such ordinance is in place in Whatcom County, and RCW 82.02.020 is clear that the county has no authority to require such fees. However RCW 82.02.020 "...does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of the proposed development, subdivision or plat." In addition, RCW 58.17.110 (2) requires that a proposed subdivision shall not be approved unless the city, town or county legislative body makes written findings that: a) Appropriate provisions are made for the public health, safety, and general welfare and.... schools and school grounds and all other relevant facts. A school mitigation agreement dated June 28, 2006 between the applicant and the Bellingham School District (# 501) was submitted with the plat application. The subject site is located within Whatcom County Fire District No. 4. The Fire District also submitted a will letter for this proposal dated April 25, 2006 stating that they will provide fire protection services for this subdivision. JV The Whatcom County Deputy Fire Marshal submitted a memo dated May 18, 2006 at the Pre - application TRC Meeting and has indicated that there are no changes to the following conditions: 0 253 Fire #lo s regrr� ci: � lytlr2[nts-shall=�6e loc ed`to meet 8ellinghaizi Fire`Departrnerit' requirements: Eire flow:shall`be-,sufficientforthe�size and-donstruction typle&-buildings at the site. 2) The fire department access shall meet the requirements of the Whatcom County Development standards for roads. 3) The proposal shall comply with all applicable codes and ordinances adopted by Whatcom County. The applicant shall comply with all of the above conditions of the Deputy Fire Marshal's May 18, 2006 - memo unless modified by the Deputy Fire Marshal or appealed to the appropriate agency. 6) Adequate provision of utilities and circulation to serve the project and, where appropriate, contribute to the overall development of urban areas. The Whatcom County Health Department submitted a memo dated August 1, 2006 with the following requirements for this proposal: 1) Proof of public water and sewer availability to serve the entire project required prior to Preliminary plat approval. Prior to final approval. the applicant must provide proof that sewer and water infrastructure serving each lot has been installed, inspected and approved by the water and sewer provider. The applicant shall comply with the above conditions of the Whatcom County Health Department's memo of August 1, 2006 unless modified by the Health Department or appealed to the appropriate agency. The applicant received a Utility Service Zone Extension Agreement for water and sewer from the City of Bellingham and submitted with the application as proof of water and sewer availability as required above. Access and circulation are addressed in the following Division of Engineering Comments: The Whatcom County Division of Engineering submitted a memo dated November 7, 2006 with the following conditions of approval for this proposal: 1) All development shall comply with the City of Bellingham Development Standards. 2) Sight distance at entrance shall meet City of Bellingham Development Standards. 3) A prohibited vehicle access note shall be placed on the face of the plat on all lots along. Telegraph Road except at access to plat. Urban 3/ frontage improvements are to be completed the full length of the project to the required with set by the City of Bellingham. 4) Access road to lots shall be a minimum of 24 feet wide with curb & gutters. Sidewalk shall be provided as shown. 5) All signing -and striping shall be installed per MUTCD standards at the developer's expense. 10 254 An-E#tgirtee�ed Storm v+stet Ddaign Report ho ad, esses cQriveya ce :de en#ior�, t d water,quality,measures.bV'a Washington,:State:licensed:civil-eiigin --shall be:submitted for'approval'by Whatcom County Engirieering'and the City of Bellingham. 7) Provision for maintenance of private storm water system will be required as set forth in Whatcom County Development Standards, Chapter 2, Section 220. 8) A Revocable Encroachment Permit will be obtained for work within the county right of way. 9) Erosion control plans shall be submitted and approved prior to any clearing or grading on the site. 10) All easements, any physical appurtenances. such as fences or structures which may indicate encroachment, lines of possession, or conflict of title must be shown on the final mylar. [WAC 332-130-050(1)(b)] 11) Road name proposals for all roads must be submitted for approval. A map at 1 "=400' scale of the lots shall be provided to Whatcom County Engineering for address assignment. Address fee of $150 shall be paid prior to recording. 12) All road, drainage facilities, and grading plans shall be designed and stamped by a Washington State licensed civil engineer and submitted for county engineering approval prior to construction. As -built road plans and a letter of certification from a licensed engineer must be submitted to the County Engineer prior to acceptance of any roads into the County Road System. 13) Developer shall provide a plat layout to the post office to get approved mailbox location(s). The applicant shall comply with the above conditions of the Division of Engineering's memo of November 7, 2006 unless modified by the Division of Engineering or appealed to the appropriate agency. The City of Bellingham Public Works Department submitted a memo dated November 15, 2006 with the following comments and conditions of approval for this proposal: The proposal shall meet all conditions of the Utility Service Zone Agreement, which includes: ■ Roadway - Telegraph Road 2 -11' lanes with a center turn lane, 5' Bike lane north side, curb and gutter northside. Set back sidewalk. Street lights. Street Trees. All to Arterial Standards. Driveway width limited to 30' max. ■ ROW - 10' additional dedication. Centerline of Telegraph to match the alignment of SR-163. ■ Water and Sewer - one service for a 15-unit development. ■ Stormwater - 2005 DOE Manual. 11 255 Open Space A total of 72,255-square feet or approximately 54% of the overall acreage has been allotted to wetlands and their required buffers, and 32,145-square feet, .has been designated for drainage structures, parking and the playground. In addition, the design -of a planned unit development shall take into account the relationship of the site to the .surrounding areas. The perimeter of the PUD and arrangement of uses on the site shall be designed to minimize adverse impacts between the project and adjacent land uses. Compatibility factors include but are not limited to visual and audio intrusion and conspicuous visual barriers. WCC 20.85.105 also states that, where buffering is required by the PUD ordinance, the following factors will be considered in determining the adequacy of the type and extent of the buffer. • The purpose of the buffer, for example, to decrease noise -levels, absorb air pollution, filter dust or to provide a visual barrier. e The size of the buffer needed in terms of width and height to achieve the purpose. The location of the buffer. Regarding buffering, surrounding existing and.future uses are also residential in nature, with one commercial use, and there is no apparent conflict between this plat and other existing or future uses. Furthermore, there does not appear to -be any incompatibility based on congestion, noise or visual intrusion on the site perimeter or within the site where landscape (zoning) buffering would be required. However, the applicant shall comply with the wetland buffering requirements of the Critical Areas Ordinance as required by the Critical Areas Administrator. 8) That the system of ownership, and means of developing, preserving and maintaining open space and other common facilities, is acceptable to the County. The applicant has indicated that a Community Association will be formed and will be responsible for the operation and upkeep of all common areas including open space areas, wetlands and wetland buffers, the private interior road, playground, and all amenities and common facilities within the PUD. See Pages 10 through 12 of the proposed CC&Rs. This is acceptable to the County. The City Parks Department will maintain the trail. 9) Where expanded land uses as allowed by WCC 20.85.053 are requested for an application, the criteria of WCC 20.85.0V are met, and where a phasing plan is proposed, the criteria of WCC 20.85.117 (3) are met. Phasing is not proposed, and Transfer of Density Rights (TDRs) will be used to achieve the required 15-unit density. 12 256 10): P � motion of.crea v�ty'and.affordability i i residential, commercial and. ndustrli development. :. The Technical Review Committee has determined that the design is creative, in that it permits the preservation of open space -and wetlands, and provides public road access and a pedestrian/bicycle trail without compromising the applicant's objective of developing the site with residential uses under the PUD provisions of the zoning ordinance. Additionally, the smaller cottage -type homes provide affordable housing and having joint parking is an innovative way in which to maximize the use of the property. In summary the Technical Review Committee has reviewed the proposed creative design, finds that the applicant's proposal complies with the standards of the PUD ordinance, and therefore, recommends approval of the requested Planned Unit Development. C. LONG PLAT REVIEW Pursuant to the Revised Code of Washington (RCM 58.17.110, in order to approve a preliminary long subdivision, Whatcom County must find that appropriate provisions are made for the public health, safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and the public use and interest will be served by the platting of such subdivision. 1) With Regard to the public health, safety and general welfare, the Technical Committee submits the following findings: One public comment letter, dated August 1, 2006 was received from a neighboring property owner, who is generally supportive of the proposal. However, some concerns were cited in the letter regarding safety and lighting and the a request was included for the following conditions of approval be added to the report:: ■ Construct a nice, two-sided, six-foot high, wood fence down the development's east property line from Telegraph Road to the northeast comer of Lot 15. ■ Parking lot lighting, of such design to shield as much light as possible form encroaching beyond the development's easterly property line. ■ These two mitigations to be a permanent and binding maintenance commitment.on the future homeowner's association. Staff Response Staff contacted the applicant who has indicated a reement to provide a visual screen satisfactory to the neighbors. However, as part of the concern was`safety related to access to the pond on the neighbor's property, some fencing may be required. The applicant has indicated that they have a good relationship with the neighbors and will come to an agreement with them on this issue. 13 257 Irr. ddriion, a1F oa%ide;ligiiting ts`required tq be shielded:prtlir cted away from neig�►bpnng.streets and, properties {see pagel:5: ofi this report): 2) With regard to open space, parks and playgrounds the Technical Review Committee finds the following: The applicant has designated a portion of tract "B " in the northern portion of the site as playground facility for the plat. As previously stated, open space is addressed on page 12 of this report. The final CC & Rs shall be modified to specifically indicate the type of facilities (i.e. playground equipment) to be installed on the playground, and safety and maintenance of the playground shall be included in the CC & R's as the responsibility of the Community Association. The City of Bellingham Parks and Recreation Department submitted a memo dated October 16, 2006 with the following comments: The draft North Bellingham Trail Plan shows a trail through this area. Recreational trails, parks and open space corridors are all needed in this areas as there are currently no public recreational amenities serving this area. The property is within the proposed King Mountain annexation currently under consideration. Provisions should be made via an easement dedication to the City to allow for a future, multi -use trail corridor along the west and north side of the proposed development. The applicant shall comply with the above requirements of the City Parks Department's memo of October 16, 2006. 3) With regard to streets or roads, alleys, other public ways and transit stops, the Technical Review Committee finds the following: See Division of Engineering comments and conditions and City of Bellingham Public Works conditions on pagesl0 throughl2 of this report. According to the Whatcom Transit Authority the closest transit stop is on Deemer Road and runs between Deemer and Guide Meridian. However, it is anticipated'that the addition of residential units and continued infilling of the UGA will encourage addition transit routes'in future. In summary, the Technical Review Committee finds that the development will 'be adequately served by roads, subject to implementation of the conditions proposed by the Division of Engineering. 4) With regard to drainage Technical Review Committee finds the following: The proposal, with required mitigation, is not expected to generate significant levels of air, water or soil pollution, as it is a residential development and storm water treatment will be required. (See Division of Engineering conditions and City of Bellingham Public Works conditions on pages 10 through 12 of this report). 6) With regard to schools and playgrounds, the Technical Committee finds the following: Schools -and playgrounds have been addressed on pages 9 and 13, and 14 of this report. 6) With regard to compliance with the relevant polices of the Whatcom County Comprehensive Plan the Technical Review Committee finds the following: 14 258 Y :See Comprehensive Plan goals and pal�cies.on pages:? and 8:-6 #his reportt:. ~: 7) With regard to compliance with Tine 20 and Title 21, and other land use controls, the Technical Review Committee finds the following: See analysis on page 9 of this report. Community identification signs shall be permitted pursuant to WCC 20.80.470 (4) Exemptions. No sign shall be located closer than 10-feet to any right-of-way, per WCC 20.80.410 (1), and a building permit shall be obtained for any and all signs installed on the site. All outdoor lighting shall be shielded or directed away from neighboring streets and properties. Pursuant to WCC 20.80.535, all trash collection areas shall be enclosed on three.sides by a 4-foot high, solid wood fence. In addition, the applicant shall contact the local service provider to determine if the proposed location will allow adequate maneuverability for garbage and recycling trucks. a) All service providers serving the development have issued -a letter that adequate capacity October 20,exists or arrangements have been made to provide adequate services for the development See Health Department comments on page 10 of this report regarding water and sewer availability, and the attached service zone agreement from the City of Bellingham. b) No county facilities will be reduced below applicable Levels of Service as a result of the development Written conditions to support the above requirements have been placed on the permit by the Whatcom the Deputy Fire Marshal, and the Division of Engineering. - No comments were received from the Sheriffs Office. As required by the Revised Code of Washington 58.17.110 and WCC 21.20.090, the Technical Review Committee finds that with appropriate conditioning, adequate provisions have been made for the public heath, safety and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and other relevant factors as required, and that the public use and interest will be served by the platting of such subdivision. Additionally it is found that the subdivision conforms to the zoning ordinance and other applicable land use controls and the modifications allowed by the Planned Unit Development Section of the code. ATechnical Review Committee meeting was convened with the applicant on October 20, 2006 to discuss the proposal. Some modifications and clarifications were required at that time. The Comm ittee.reviewed those modifications and clarifications and determined that subject to the following proposed conditions, the proposal would comply with the following county and state regulations: A) Revised Code of Washington Chapter 58.17 15 259 B) The �rlex� and=estab4�sl�ed poltcis ©f thelibara`Residenffal component ofie llllhatco C.o�aniy1 Gompreherisiiie Land Use Plan: C) Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance; D) Whatcom County Code Title 21, Subdivision Regulations; E) State Environmental Policy Act (SEPA), Washington Administrative Code Chapter 197-11; Whatcom County Code Chapter 16.08, Whatcom County Environmental Policy Administration. F) Provide for access, sanitation and potable water. IV. CONCLUSIONS AND RECOMMENDATIONS Subject to the preceding technical review, the Technical Review Committee recommends approval of the requested Planned Unit Development and Long Subdivision V. CONDITIONS OF APPROVAL 1) The use and location on the site shall not be amended or changed in any way without further approval of the Whatcom County Hearing Examiner. 2) The applicant shall comply with all of the attached conditions of the Whatcom County Division of Engineering's memo of September 7; 2006 unless modified by the Division of Engineering or appealed to the appropriate agency. 3) The applicant shall comply -with the attached conditions of the Whatcom County Deputy Fire Marshal's memo of May 18, 2006 unless modified by the Deputy Fire Marshal or appealed to the appropriate agency. 4) The applicant shall comply with the attached conditions of the Whatcom County Chief Plans Examiner's memo of November 14, 2006 unless modified by the Chief Plans, examiner or appealed to the appropriate agency. 5) The applicant shall comply with the attached conditions of the Whatcom County Critical Areas Administrator's memo of November 14, 2006 unless modified by the Critical_ Areas Administrator or appealed to the appropriate agency. 6) The applicant shall comply with the attached conditions of the Whatcom County Health Department's memo of August 1, 2006 unless modified by the Health Department or appealed to the appropriate agency. 7) The applicant shall comply with all conditions of the attached Utility Service Zone Agreement, and as outlined in the attached City of Bellingham Public Works Department's memo of November 15, 2006, unless modified by the City of Bellingham Public Works Department or appealed to the appropriate agency. -v 16 260 8) . `Should :archaeological `materials (bone;. shelFthidderi, -cobble tools;; etc.} :are_otiserved during project activities; alf work in -the immediate vicinity shall stop. and the `area shall be sectired. The State Office of Archaeology and historic Preservation (360-586-3065), the Lummi Nation (LNTHPO) (384-2298) and the Whatcom County SEPA Administrator (676-6907), shall be contacted immediately in order to help assess the situation and determine how to preserve the resource(s). Compliance with all other applicable laws pertaining to archaeological resources is required. 9) All outside lighting shall be installed pursuant to WCC 20.80.523 to reduce impacts to adjacent residential uses and streets. 10) The applicant shall provide some type of screeninglprotective barrier along the eastern property boundary, which is acceptable to the neighboring property owner on that side. . 11) All trash collection areas shall be enclosed on three sides by a 4-foot high, solid wood fence. In addition, the applicant shall contact the local service provider to determine if the proposed location will allow adequate maneuverability for garbage and recycling trucks. 12) Written verification of a contract to purchase TDRs is required prior to preliminary plat approval. 13) The final CC & Rs shall be modified to specifically indicate the type of facilities (i.e. playground equipment) to be installed on the playground, and safety and maintenance of the playground shall be included in the CC & R's as the responsibility of the Community Association. 14) The playground and all equipment shall be installed prior to final plat approval. 15) Community identification signs shall be permitted pursuant to WCC 20.80.470 (4) Exemptions. 16) No sign shall be located closer than 104eet to any right-of-way, per WCC 20.80.410 (1), and a building permit shall be obtained for any and all signs installed on the site. 17) Proper inscriptions shall be placed on the face of the mylar. 18) All appropriate deed, dedications and easements will be established on the face of the plat during the final review process, and recorded on the face of the mylar. 19) A note shall be placed on the face of the plat prohibiting accessory dwelling units. Report prepared for the Technical Review Committee by Marilyn D. Bentley Senior Planner 17 261 WHATCOM COUNTY HEARING EXAMINER FOREST STREET ANNEX 1000 N. Forest St., Suite 100 Bellingham, WA 98225 MEMORANDUM TO: Whatcom County Council Members FROM: Michael Bobbink, Hearing Examiner DATE: Wednesday, December 13, 2006 RE: Accessory Dwelling Units MAILING ADDRESS Hearing Examiner's Office 311 Grand Avenue Bellingham, WA 98225-4038 On November 9, 2006, the Hearing Examiner signed and forwarded to the Whatcom County Council a recommendation that the County Council approve a Preliminary Long Subdivision and Planned Unit Development, "Sunrise Meadows," subject to conditions. Condition No. 17 required, "A note shall be placed on the face of the plat prohibiting accessory dwelling units." When the Whatcom County Council considered the Hearing Examiner's recommendation, the Council determined that it was appropriate to remove this condition. The Hearing Examiner has reviewed the taped record of the Council's review of "Sunrise Meadows." At the time, the Council was not clear on the rationale for such a condition and appeared not to want to limit the options allowing accessory dwellings within the Urban Growth Areas. The Hearing Examiner realizes that the Council may now have received additional information on this issue. However, for the Council's information, I have prepared this memorandum which the Council can use as they see fit. Whatcom County Planning and Development Services was concerned about the elimination of this condition requiring a note on the face of a plat regarding accessory dwelling units and prepared an Addendum to the Staff Report, (a copy of which is attached), discussing this condition in regard to LSS06-0009 and PUD06-0004, a Subdivision and Planned Unit Development, being forwarded to the Council along with this memorandum. The Hearing Examiner has recommended that the Council approve this new Planned Unit Development without the condition requiring a note on the face of the plat prohibiting accessory dwellings. WCC 20.24.133(7)(a) states as follows: (7) Long plats and short plats which are granted after January 25, — I — 262 Phone (360) 676-6794 County Residents (360) 398-1310 FAX (360) 738-4560 1994, shall be marked, specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners. Accessory apartments and detached accessory dwelling units shall be prohibited on: (a) All lots in long plats, which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process. As indicated in the attached Staff memorandum, this section does not allow accessory apartments or detached accessory dwelling units within new long plats, short plats, and/or PUDs approved after January 25, 1994, unless the developer requests the option of accessory units and unless lots for which accessory units have been approved are specifically noted as such on the face of the plat. I cannot recall any'Plats or Planned Unit Developments over the last few years which have designated lots on which accessory dwellings would be allowed. There is nothing in WCC 20.24.133(7)(a) that requires the County to note on the face of the plat that accessory dwelling units are prohibited. However, unless the Council chooses to modify WCC 20.24.133(7)(a), accessory dwellings are prohibited on all lots created after January 25, 1994, which have not specifically been designated for accessory dwelling use. The reasoning behind placing a note on the face of a plat was to inform property owners that accessory dwelling units are not allowed under the current Whatcom County Code and to better enable staff to identify subdivisions in which accessory dwelling units are not allowed under the current code. However, placing the note on the plat may have the unintended consequence of permanently banning accessory units even if the current or future County Council should choose to modify or eliminate WCC 20.24.133(7)(a). Notes placed on the face of a plat and covenants filed with a plat are extremely difficult to change. A decision not to place a note on the face of a plat indicating that accessory dwelling units are prohibited will not change the fact that, under the current County Code, such accessory dwelling units would be prohibited. Not placing a note on the face of a plat at least leaves open the possibility that, should the Whatcom County Council in the future choose to modify this prohibition in order to allow accessory dwelling units on lots created after January 25, 1994, it would be effectively able to do so. At this point, unless WCC 20.24.133 is modified, accessory dwelling units are prohibited -2- 263 on all plats created after January 25, 1994, unless the lots are specifically designated for such a use prior to Plat or PUD approval. The Hearing Examiner does not believe that it is necessary to put the prohibition language on the face of the plat. Without such a note on the face of a plat, the Whatcom County Council will maintain maximum flexibility for future modifications regarding rules on accessory dwelling units. As long as WCC 20.24.133(7) remains in effect as currently written, accessory dwelling units will be prohibited on plats unless the lots have been specifically designated. as allowing such units during the approval process, with or without a note on the face of the plat. The Code allows accessory dwelling units to be rented only if the other unit is owner occupied. It is my understanding that Planning and Development Services has taken the position that only a lot owner who intends to live in a newly constructed house can obtain a building permit which allows an attached accessory dwelling unit to be included. Under this interpretation, a builder who is constructing a new home to sell on the market would not be able to obtain a building permit for a home which includes an accessory dwelling unit. Since nearly all new homes are being constructed.by developers for sale after construction, developers cannot obtain a building permit for a home which includes an accessory dwelling unit. ..Based on the Council's decision in the "Sunrise Meadows" Long Subdivision and PUD, the Hearing Examiner will no longer recommend notes on the face of the plat indicating that accessory dwelling units are prohibited unless the Whatcom County Council indicates a desire to reinstitute the placing of such notes on the face of newly approved plats. If the Council wishes to encourage accessory dwelling units, the current rules should be re-evaluated. The current rules appear to discourage such units and have resulted in the creation of hundreds of lots where they are prohibited because they were not' designated as allowing accessory dwelling units during the platting process. Attachment: Addendum to Staff Report, dated December 6, 2006 -3- 264 `w A. coUNnr . . PLANNINOA DEVELOPMENT SERVICES :.:1528D.Northwest Drive' Bellingham, WA 98226 TO: FROM _.-Diirector .. ROLAHD MIDDLETON;i ,.LEG AICP. .: Land Use Division Manager ADDENDUM TO STAFF REPORT LSS2006-00009 & PUD2006-00004- . F:• Michael Bobbink Whatcom County Hearing Examiner Marilyn Bentley Senior Planner/Land a pecialist DATE: December 6, 2006 SUBJECT: Condition # 19 WCC 20.24.133 states: 7) "Long plats and short plats which are granted after January 25, 1994, shall be marked, specifically designating lots allowed to be developed with accessory apartments or detached accessory dwelling units at the option of the developer for future individual owners. Accessory apartments and detached accessory dwelling units shall be prohibited on: (Emphasis added). a) All lots in long plats, which received preliminary plat approval after January 25, 1994, unless those lots have been specifically marked for such use through the long plat process. (Emphasis added). Essentially what this means is that if the applicant specifically requests Accessory Dwelling Units during the long plat process (TRC review) and there is sufficient density, per WCC 20.24.150 (9) (a), and the plat is reviewed for the additional road, drainage, water and sewer and other impacts, then the lots will be specifically marked on the plat allowing Accessory Dwelling Units on the approved lots. However, if the applicant makes no such request, and a TRC review is not conducted for additional dwellings, or assessed for adequacy of accommodating ADU's with all necessary code and development standard requirements, then according to WCC20.24.133 (7) Accessory Dwellings are prohibited. A note stating this prohibition is placed on the plat reiterating the code restriction for the benefit of -clarifying the issue for future lot owners. Staff respectfully submits the above comments in view of the fact.that a recent PUDILong Plat, which included the condition prohibiting accessory dwelling units, was approved with that particular condition deleted. As a result there are no notes on the face of that particular plat referencing ADU's one way or the other, and as such they remain prohibited as outlined above, per Title 20. This restriction appears in all residential zoning designations. Any change at this point would require a costly and time-consuming plat amendment Condition # 19 of the Staff Report for LSS2006-00009 & PUD 2006-00004 references the above code requirement. cc. Martin Blackman M Land Um n;w az Lamd Uxp.WwU=&P , & kncrMdd=d=toSafReport,U,Ozck Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 265 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006--443A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: John Everett 111"7 PD Committee Division Head: 1130107 Introduction Linda Peterson Dept. Head: Hal Harr 2173107 Public Hearin Prosecutor: Royce Buckingham Purchasing/Budge!: Executive: TITLE OF DOCUMENT. Revised Transportation Concurrency Management Ordinance ATTACHMENTS: Memorandum and draft revised ordinance SEPA review required? ( ) Yes (X) NO Should Clerk schedule a Bearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT 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.) An ordinance relating to transportation concurrency management; establishing development review procedures ensuring that adequate transportation facilities are available or provided concurrent with development, in accordance with the Growth Management Act. COMMITTEEACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: ZON2007-0001 AB2006-060 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. •: WHATCOM COUNTY Hal H. Hart, A.I.C.P. PLANNING & DEVELOPMENT Director SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Whatcom County Council THROUGH: Linda Peterson, Long Range Planning Division Manager FROM: John Everett, Transportation Planner DATE: January 9, 2006 RE: Revisions to Interim Transportation Concurrency Management Ordinance The County Council passed an interim Transportation Concurrency Management Ordinance on December 5, 2006. Per direction received at that Council meeting, County Planning and Legal staff have met with interested parties to discuss possible language revisions to help clarify the intent and operation of the ordinance. The attached revised ordinance was developed with the help of with the Building Industry Association of Whatcom County and Mr. Doug Robertson. The proposed revisions clarify, but do not change the overall operation of the concurrency management program. County staff support these text revisions. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2493 267 mnii 2 Chapter 20.78 3 TRANSPORTATION CONCURRENCY MANAGEMENT 4 Sections: 5 20.78.010 Purpose. 6 20.78.020 Authority. 7 20.78.030 Transportation concurrency — Exempt development. 8 20.78.040 Level of service standards. 9 20.78.050 Concurrency evaluation. 10 20.78.060 Concurrency determination. 11 20.78.070 Certificates of transportation capacity. 12 20.78.080 Administrative reconsideration. 13 20.78.090 Appeal. 14 20.78.100 Annual Transportation Concurrency Report 15 20.78.W110 Definitions. 16 17 20.78.010 Purpose. 18 The purpose of this chapter is to ensure that adequate transportation facilities are available or 19 provided concurrent with development, in accordance with the Growth Management Act (RCW 20 36.70A.070) and consistent with WAC 365-195-510 and WAC 365-195-835. No development 21 permit shall be issued except in accordance with this chapter. 22 20.78.020 Authority. 23 The planning and development services director, or his/her designee, shall be responsible for 24 implementing and enforcing this chapter. 25 20.78.030 Exempt development. 26 The following development permits shall be exempt from requiring a new concurrency evaluation: 27 (1) Developments with complete applications prior to the effective date of this ordinance so long as 28 the original proposal has not been modified after the effective date of this ordinance in a manner that 29 increases development units. 30 (2) Renewals of previously issued, unexpired permits. 31 (3) Phases of projects that were included in a concurrency evaluation as part of the original 32 application (i.e., phased development), provided that the determination of concurrency was approved 33 for the subsequent phase. 34 (4) Development applications for public buildings, including but not limited to: 35 (a)Public libraries; 36 (b)Publicly funded and operated educational facilities; 37 (c) Public parks and recreation facilities; and 38 (d) Public transportation facilities. 39 (5) Development that does not result in an impacted transportation facility as defined by this 40 chapter; such development includes but is not limited to: 41 (a) Residential development projects of four (4) or fewer dwelling units; 42 (b) Subdivision of land that will result in four (4) or fewer dwelling units; 43 (c) Non-residential developments that generate four (4) or fewer peak hour project trips; 44 (d) Any addition or accessory structure to a residence with no change in use or increase in the 45 number of dwelling units; Page 9 268 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 (e) Interior renovations with no change in use or increase in the number of development units; (f) Interior completion of a structure for use(s) generating the same or Iess peak hour traffic as the existing use or a previously approved use; (g) Replacement structure with no change in use or increase in the number of development units; (h) Temporary construction trailers; (i) Driveway resurfacing or parking lot paving; 6) Reroofing structures; and (k) Demolitions. (6) At his or her discretion, the director may require of an applicant for a development permit that does not qualify as exempt pursuant to WCC 20.78.030(5) a trip generation and distribution study performed by a traffic engineer to confirm that the proposed development or use does not result in an impacted transportation facility. (7) Notwithstanding the exemptions listed above, the traffic resulting from any exempt use or permit shall be included in computing background traffic for any nonexempt development. 61 20.78.040 Level of service standards. 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 The transportation level of service standards are described and contained in the Whatcom County Comprehensive Plan and any adopted modifications. 20.78.050 Concurrency evaluation. (1) Application. (a) County review of all applications for development permits, unless exempted by WCC 20.78.030, shall include a concurrency evaluation. (b) For transportation concurrency evaluation, the applicant shall provide a traffic study prepared by a traffic engineer, which shall compare the calculated level of service to the adopted level of service standard for each impacted transportation facility. The traffic study shall, at a minimum, provide the following information: (i) Number of peak hour trips generated by the development according to the I TE trip generation manual or other method approved by the director; (ii) Anticipated trip distribution; (iii) The current calculated level of service of all impacted transportation facilities; (iv) The future calculated level of service of all impacted transportation facilities incorporating traffic volumes from the proposed development; (v) Any proposed mitigation; and (vi) The future calculated level of service of all impacted transportation facilities with the incorporation of proposed development traffic volumes and any proposed mitigation. (c) The concurrency evaluation shall be accompanied by an application on a form provided by the department and an application fee as provided in the County's Unified Fee Schedule. (d) The concurrence evaluation and determination shall be completed prior to: (i) Issuance of administrative approval/denial of the proiect permit if SEPA review is not a requirement of the project, (ii) Issuance of the DNS, MDNS or DS if SEPA review is a requirement of the project, or (iii) Issuance of the staff report to the Hearings Examiner if there is a hearing before the Hearings Examiner and SEPA review is not a requirement of the project. -if SEPA is requifed fOF the SEPA ipr-eeess- (e) Development Permits for phased developments shall have the concurrency evaluation completed for the entire project. A developer may elect to have the concurrence evaluation undertaken for less than the entire project, if and only if (i) The Director agrees to such limited evaluation; Page 2 269 (ii) Each hale shall include all of the infrastructure to service that phase; (ii) There is a written note included in the preliminary approval for such phased development that the traffic concurrence evaluation is limited only to the specific phases for which approval has been provided.FeF phased pr-ejeets, an evaluation f the ,,,hole p eGt , ndeF SEP has Fiet been per-fb�ed dur-ing the SE12A pr-eeess, may be made for- that phase. A detennination and V V [ 421 [{Jate issued fOF a single phase shall not guaFantee- 20.78.060 Concurrency determination The County shall not approve a development appheatien permit unless there are adequate transportation facilities to meet the level of service standards for existing and approved uses, based on the forecast PM peak hour traffic volumes and the committed transportation system. (1) If the concurrency evaluation shows that the ratio of the forecast PM peak hour traffic volume to the capacity of each transportation facility is equal to or less than the adopted level of service standard for each impacted transportation facility, the director shall issue a determination of concurrency finding and a certificate of transportation capacity according to the provisions of WCC 20.78.070. (2) If the concurrency evaluation shows that the ratio of the forecast PM peak hour traffic volume to the capacity of eaehany transportation facility exceeds the adopted level of service standard for eaehr4Dy impacted transportation facility, the concurrency test is not passed and the director shall notify the applicant in writing of the denial of the issuance of the certificate of transportation capacity. The applicant may: (a) Amend the application within nii et.. «n` days in such a way to ensure that the ratio of the forecast PM peak hour traffic volume to the capacity of each transportation facility does not exceed the adopted Ievel of service standard for each impacted transportation facility. To meet the foregoing, amendments may include one or more of the following ways: (i) Modify the project to reduce the impact on affected facilities; (ii) Phase the project to coincide with planned improvements that will ensure concurrency; (iii) Mitigate the impacts of the project to ensure concurrency; (iv) Arrange with the service provider to provide the additional capacity of facilities required; and/or (v) Propose transportation strategies that will reduce the demand for capacity. (b) Ask the director for formal reconsideration of the concurrency evaluation in accordance with the provisions of WCC 20.78.080; (c) Withdraw the application and reapply for an evaluation when concurrency can be ensured; or (d) , .,lie-atio -shall ho dete—mined t b ineeRipk4eAppeal the denial per WCC 20.78.090. (3) A concurrency determination shall expire if the underlying permit application upon which the determination was based expires or is withdrawn. 135 20.78.070 Certificates of transportation capacity. 136 (1) A certificate of transportation capacity shall be issued upon approval of the development 137 prepesa4-permit for which a concurrency evaluation was conducted by the applicant, reviewed by the 138 County and issued a determination of concurrency by the director. If applicable, payment of fee 139 and/or performance of any condition required by a service provider shall be a condition of certificate 140 issuance if such fee or performance of condition has been approved by the County. In no event shall 141 the director determine concurrency for a greater amount of capacity than is needed for the 142 development proposed in the underlying permit application, except as provided for phased 143 development. 144 (2) A certificate of transportation capacity shall apply only to the specific land uses, densities, Page 3 270 145 intensities and development projects described in the appheation andapproved development permit. 146 In the event that, subsequent to issuance of the certificate, the approved development is modified to 147 generate lower traffic impacts on the transportation system, the certificate shall be modified to reflect 148 the reduced traffic impact. The eAi fieate ..hall . my hevalid for- the t.pe and intensit , e 149 , 150 . 151 (3) Phasing. 152 . A certificate of transportation capacity tnayshall be issued for all 153 phases of a development permit, except when the conditions set forth in WCC 20.78.050(e) have been 154 fulfilled. if the undedying peFmtt is enly fef a phaseAn this case the certificate shall be conditioned to 155 note that certificates are required for future phases. The certificate shall specifically identify the 156 amount, extent and timing of any required traffic mitigation. 157 158 , the eeAifieate may allow mitigation to 159 be phased se long as the fflifigation enstwes eapae4y fOF eash phase. 160 (4) Transferability. A certificate of transportation capacity is not transferable to other land;. The 161 certificate of transportation capacity, once issued, shall become part of the development permit and 162 shall but may be transferred to new owners of the original land if and only if the development permit 163 is so transferred to the new owners. 164 (5) Capacity allocations. The devele}ef-applicant may, as part of a development permit 165 application, designate in waiting the amount of capacity to be allocated to portions of the property, 166 such as lots, blocks, parcels, or tracts included in the application. Any such allocation shall be 167 reflected in the certificate of transportation capacity. Capacity may be reassigned or allocated within 168 the boundaries of the original property by application to the director. The director shall amend the 169 certificate accordingly. 170 (3o Life Span of Certificate. A certificate of transportation capacity shall expire ifwhen the 171 accompanying development permit expires or is revoked. The certificate may be extended according 172 to the same terms and conditions as the accompanying development permit. If the development 173 permit is granted an extension, so shall the certificate of transportation capacity. If the accompanying 174 development permit does not expire, the certificate of transportation capacity shall be valid for four 175 years from the date of issuance. The director may approve an extension of up to one year. 176 (67) Unused Capacity. Any capacity that is not used because the developer voluntarily surrenders 177 the certificate, decides not to develop, or the accompanying development permit expires, shall be 178 returned to the available pool of capacity. 179 20.78.080 Administrative reconsideration. 180 (1) The applicant may request reconsideration of the results of the concurrency evaluation within 181 15 days of the written notification of the evaluation results by filing a formal request for 182 reconsideration specifying the grounds thereof, using forms authorized by the department. 183 , the depat-tment shall notify the appr-ep 184 e o 'ideF(s) f sush request. 185 (42) The director shall reconsider the evaluation results and issue a determination within 30 days 186 of the filing of such request either upholding the original determination or amending it. 187 20.78.090 Appeal. 188 (1) The results of an administrative reconsideration pursuant to WCC 20.78.080 may be appealed 189 to the hearing examiner, as provided by Chapter 20.92 WCC. 190 (2) Any appeal shall be accompanied by a fee as defined in the County's Unified Fee Schedule. 191 (3) Upon filing of such appeal, the department shall notify the appropriate service provider(s) of 192 the appeal. 193 Page 4 271 194 20.78.100 Annual transportation concurrency report. 195 (1) The director shall prepare an annual report presenting; current capacities and levels of service 196 for affected facilities. The report shall identify any known existing and proiected service deficiencies 197 and recommend steps necessary to achieve concurrency including, but not limited to, reevaluating 198 level of service standards, improvement financing strategies and/or reassessment of land use policies. 199 The report shall be used in the review and update of the County's Six -Year Transportation 200 lmprovement Proaram and the Countv's Six -Year Capital Improvement Program. 201 20.78.4,NIIO Definitions. 202 (1) "Adequate transportation facilities" means transportation facilities which have the capacity to 203 serve development while meeting the County's established level of service standards. 204 (2) "Calculated level of service" means the ratio of the forecast peak hour traffic volume to the 205 capacity of a transportation facility. 206 (3) "Capacity" means the estimated directional rate of traffic flow that can be accommodated by a 207 given transportation facility within the PM peak hour and is expressed in terms of vehicles per hour. 208 The capacity used in the concurrency evaluation is defined by the County and based on the committed 209 transportation system. 210 (4) "Certificate of transportation concurrency" is the final document issued by Whatcom County, 211 confirming availability and reserving capacity on the County's transportation facilities specific to the 212 proposed development or development permit. 213 (5) "Committed transportation system" means the system of transportation facilities used to 214 calculate the level of service relative to a development proposal. It includes existing transportation 215 facilities and proposed facilities which are fully funded for construction in the most currently adopted 216 Six -Year Transportation Improvement Program or for which voluntary financial commitments have 217 been secured in an amount sufficient to complete the particular facility improvement. The County 218 may make adjustments to the committed transportation system for corrections, updates, and 219 modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications 220 consistent with the adopted comprehensive plan, or the date of construction (scheduled for 221 completion within the six -year period) of any facility enumerated in the Six -Year Transportation 222 Improvement Program. The committed transportation system includes: 223 (a) County roads; 224 (b) State highways and freeways within the County; 225 (c) Bus routes; 226 (d) Park and ride lot locations; 227 (e) Trails, pathways, or other non -motorized transportation facilities; 228 (f) High occupancy vehicle exclusive lanes; and 229 (g) Projects to be provided by the State, cities or other jurisdictions may become part of the 230 committed transportation system upon decision of the County. 231 (6) "Concurrency" means that adequate transportation facilities are in place at the time of 232 development or that a financial commitment is in place to complete the improvements or strategies 233 needed for adequate transportation facilities within six years. 234 (7) "Concurrency evaluation" means the process to determine if a proposed development's impact 235 on transportation facilities meets the County's level of service standards set for those affected 236 roadways, as defined in this ordinance. 237 (8) "Determination of concurrency" means a determination by the director based on a concurrency 238 evaluation that shows that the development's impacts on the transportation system dwill not 239 result in the level of service of a transportation facility falling below the adopted level of service 240 standard for the facility. 241 (9) "Department" means the planning and development services department of Whatcom County. Page 5 272 242 (10) "Development appfeyialpermit" means any order, permit or other official action of the County 243 granting, or granting with conditions, an application for development as defined by WCC 20.97.099 244 which authorizes the commencement of development activity. 245 (11) "Development units" means the proposed quantity of development measured by dwelling 246 units for residential development and square feet for specific nonresidential use categories, which are 247 the basis of the calculations of level of service for the determination of concurrency. 248 (12) "Director" means the planning and development services director, or his/her designee. 249 (13) "Financial commitment" consists of the following: 250 (a) Revenue designated in the most currently adopted Six -Year Transportation Improvement 251 Program for transportation facilities or strategies comprising the committed transportation system. 252 Projects to be used in defining the committed transportation system shall represent those projects that 253 are identified as funded for construction in the six years of the Six -Year Transportation Improvement 254 Program; 255 (b) Revenue from federal or state grants for which the County has received notice of approval; 256 and 257 (c) Revenue that is assured by an applicant in a form approved by the County in a voluntary 258 agreement. 259 (14) "Forecast peak hour traffic volume" means a forecast PM peak hour traffic volume that 260 includes existing traffic, ambient traffic growth, traffic from other future development projects that 261 were applied for prior to the subject development application based on Whatcom County records, and 262 the traffic anticipated from the subject development. 263 (15) "Growth Management Act" means the Washington State Growth Management Act (RCW 264 36.70A) and any adopted amendments. 265 (16) "Impacted transportation facility" includes any transportation facility which is impacted by 266 five (5) or more peak hour project trips in one direction. 267 (17) "ITE trip generation manual" means the manual prepared by the Institute of Transportation 268 Engineers, latest edition, for the purpose of assigning numbers of vehicle trips associated with various 269 land uses. 270 (18) "Level of service standard" means the transportation level of service standard as adopted in 271 the Whatcom County Comprehensive Plan based on the ratio of forecast peak hour traffic volumes to 272 capacity. 273 (19) "Mitigation" means transportation demand management strategies and/or facility 274 improvements constructed or financed by a developer which ofi,ms a degfadea f eility level e 275 sep,4ee to the standard for- the fa6ilit•rfully offsets the subject development's impacts to a facility so 276 that a) the level of service for a transportation facility with a -pre-existing level of service deficiency is 277 not further degraded, or b) the level of service for a transportation facility without a pre-existing1evel 278 of service deficiency is not reduced below the approved level of service. 279 (20) "Peak hour project trips" means the traffic estimated by a traffic engineer to be generated by a 280 proposed development during the one -hour weekday afternoon period during which the greatest 281 volume of traffic uses the road system. 282 (21) "Peak hour traffic" means traffic volumes during the one -hour weekday afternoon period 283 during which the greatest volume of traffic uses the road system, as identified separately for each 284 segment of a transportation facility. 285 (22) "PM peak hour" means the one -hour weekday afternoon period during which the greatest 286 volume of traffic uses the road system, as identified separately for each segment of a transportation 287 facility. 288 (23) "SEPA" means the State Environmental Policy Act (RCW 43.21) as implemented by 289 Whatcom County. 290 (24) "Service provider" means the jurisdictions, department or agency responsible for providing 291 the facility. Page 6 273 292 (25) "Six -Year Transportation Improvement Program" means the expenditures programmed by the 293 County for capital purposes over the next six -year period in the Six -Year Transportation 294 Improvement Program pursuant to RCW 35.77.010. 295 (26) "Traffic engineer" means an engineer licensed in the State of Washington qualified to 296 perform traffic impact analyses. 297 (27) "Transportation facilities" means all principal arterials, minor arterials, collector arterials, 298 major collectors, and minor collectors in Whatcom County as defined in Whatcom County 299 Development Standards Chapter 5 "Road Standards", incorporated herein by this reference. 300 (28) Transportation strategies" means transportation demand management strategies and other 301 techniques or programs that reduce single -occupant vehicle commute travel or improve the capacity 302 of a transportation facility and that are approved by the director. Strategies may include but are not 303 limited to vanpooling, carpooling, public transit, access management, signalization and 304 channelization. Page 7 274 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 22 CLEARANCES nitial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/8/2007 Division Head.- Dept. Head: //ll I ' / o ' Prosecutor: Purchasin /Bud el: Executive.• TITLE OF DOCUMENT. 2007 Reorganization of the Whatcom County Council ATTACHMENTS: SEPA review required? ( ) Yes { ) NO SEPA review completed? ( ) Yes { ) NO Should Clerk schedule a !rearing ? ( ) Yes { ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public Bearing, 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) 2007 Reorganization of the Whatcom County Council 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.wliatcom.wa.us/council. 275 WHATCOM COUNTY COUNCIL. COMMITTEE PREFERENCES 2007 County Council Committee ASsI[jnment5 At Larne: Seth Fleetwood 1st Dist-.2nd Ward Nelson 1st Dist-. Dan mcsi, Dlst: Laurie Ca Schreiber 2nd Dist: Sam Crawford 3rd Dlst: Car[ Weimer 3rd Dlst: Barbara Brenner Council Chairperson X X X Council Vice -Chairperson X X Executive Pro-Tempore X X X Standing Committees: Finance & Administrative Services X X X Planning & Development X X X X X Public Works & Safety X x Natural Resources X X X Other Committee Assignments Bellingham International Airport Advisory X Council of Governments (COG) (2) x X Drayton Harbor Shellfish Protection District X Economic Development Council x Energy Facility Site Evaluation Council (EFSEC). Public Health Advisory Board x Developmental Disabilities Board X Mental Health Advisory Board X Substance Abuse Advisory Board X Intergovernmental Tribal Relations Committee (2) X X X LEOFF Board X Local Emergency Planning Committee LEPC X X Marine Resources Committee X North Sound Mental Health Administration X Northwest Clean Air Agency X Northwest Regional Council (NWRC) X Portage Bay Shellfish Protection District X Opportunity Council x Public Defense Advisory X X Solid Waste Advisory X Urban County Caucus Whatcom Transit Authority X (X) Indicates Chair of Committee 276 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2006-406 CLEARANCES Inj1iqL,- Date Date Received in Council Office Agenda Date Assigned to: 1019106 10124106 Introduction Originator: Mail Aamot "D T 1 7 2006 T, r? 11108/06 Division Head: P&D/Council Dept Head. Hal Hart LOAA 11/21/06 P&D/Council Prosecutor: Royce Buckingham V 12/05/06 Introduction PurchasinglBudger 1/16/07 Public Hearii Executive: Pete Kremer ex TITLE OF DOCUMENT. Ordinance amending the Whatcom County Comprehensive Plan and Urban Residential & Urban Residential Medium Density zoning district requirements relating to lot clustering, reserve tracts, and water & sewage disposal facilities ATTACHMENTS: (1) Proposed ordinance. (2) Whatcorn County Planning Commission Findings of Fact & Reasons for Action, Conclusions and Recommendation Notes; Background materials are available or review at the County Council o fface. SEPA review required? ( x ) Yes ) NO Should Clerk schedule a hearing ? Yes x' ) No SEPA review completed? ( X ) Yes ) NO Requested Date: . I A hearing must be held iffhe Council changes floe Planning Commission recommendation (7VCC20.10.110). SUHM,4R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: Amend the Comprehensive Plan cluster subdivision, reserve tract, and water and sewage disposal provisions for land divisions in Urban Growth Areas. Amend the Urban Residential (UR) and Urban Residential Medium Density (URM) zoning districts to require that, if the site is in a long term planning area or does not have public water & sewer, minimum lot size for clustered lots will be reduced, a maximum size for clustered lots will be imposed, lots will be located in a single cluster, the reserve tract will be unbuildable for residential uses (until rezoned and public water & sewer are- available) and, when the reserve tract is developed, wells, sewage disposal systems and associated easements located on the reserve tract will be abandoned and the clustered lots will hook-up to public water and sewer. This proposal would not change the one dwelling/five acre maximum gross density currently allowed in these areas. COMMITTEE ACTION: COUNCIL A C TION: 11/08/2006: Held in Committee for two weeks 10/24/06: Introduced 11/08/06: Held in Committee for two weeks 11/21/2006: Forwarded to Council for approval 12/5/2006: Introduced of the substitute version (purple cover) 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 websiteat., www.co.whatcom.wa.uslcouncil. 277 10-9-06 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN AND THE UR & URM ZONING DISTRICTS RELATING TO LOT CLUSTERING, RESERVE TRACTS AND WATER & SEWAGE DISPOSAL FACILITIES and WHEREAS, The proposal will facilitate efficient utilization of land in urban growth areas; WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held public hearings on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments and modified the staff recommendation; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. The County Council approved resolution No. 2006-024 initiating the original version of the amendment for further review on March 14, 2006. 2. Notice that the County Council initiated the original version of the amendment for further review was e-mailed to city planners on March 21, 2006. Notice that the County initiated the original version of the amendment for further review was published in the Bellingham Herald on March 22, 2006. 4. Notice of the amendment was sent to state agencies, including the Department of Community, Trade and Economic Development (CTED), on April 4, 2006. 5. Notice of the Planning Commission hearings for this legislative action was published in the Bellingham Herald on July 16, 2006 and September 3, 2006. 6. Notice of the Planning Commission hearings for this legislative action was posted on the County's website on July 11, 2006 and August 31, 2006. 278 7. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) for the original version of the amendment on May 9, 2006 and for the revised version of the amendment on October 6, 2006. 8. The Planning Commission held public hearings relating to the subject amendment on July 27, 2006 and September 14, 2006. 9. Whatcom County Code (WCC) 20.10.080 contains approval criteria for Comprehensive Plan amendments. 10. WCC 20.10.080(1) states that the amendment must conform to the requirements of GMA, be internally consistent with the Comprehensive Plan, be consistent with the County - Wide Planning Policies and be consistent with any interlocal planning agreements. 11. The Growth Management Act (GMA), at RCW 36.70A.020, includes the following planning goals: • Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. • Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development. 12. Whatcom County's important interest in facilitating appropriate urban densities is expressed in Whatcom County Comprehensive Plan Goal 2A, which is to "Ensure provision of sufficient land and densities to accommodate the growth needs of Whatcom County and protect the qualities that make the county a desirable place to Live." 13. Whatcom County Comprehensive Plan Goal 2R is to "Ensure adequate land supply is provided to accommodate twenty years of growth within urban areas." 14. County -wide planning policy D-3 states: "... Short term and long term boundaries may be used to facilitate provision of urban levels of service and to not preclude future urban densities as defined within the Whatcom County Comprehensive Plan." 15. The proposed amendment is intended to reduce suburban sprawl and facilitate land uses in urban growth areas that will that allow urban levels of density to be achieved in the future. 16. Whatcom County's important interest in protecting rural, agricultural and forestry lands (including such lands surrounding urban growth areas) is expressed in the Comprehensive Plan. Specifically, Comprehensive Plan Goal 2DD is to "Retain the rural character and lifestyle of Whatcom County." Policy 2A-9 is to "Retain existing rural and heavy industrial areas in the northwestern region of the county." The Comprehensive Plan states ... Maintaining the rural character and lifestyle is very important to Whatcom County residents... " (p. 2-62). Additionally, Comprehensive Plan Goal 8A is to "Conserve and enhance Whatcom County's agricultural land base for the continued production of food and fiber." Finally, Comprehensive Plan GOAL 8F is to "Maintain and enhance Whatcom County's forest land base." P. 2 279 17. A substantial amount of the land surrounding urban growth areas in Whatcom County is designated rural, agriculture or forestry by the Comprehensive Plan. Inefficient large -lot residential land uses in the urban growth areas will place more pressure to convert rural, agricultural, and/or forestry lands to urban growth areas in the fixture. 18. One strategy for maintaining rural character, agricultural lands, and forest lands is to achieve appropriate urban densities in existing urban growth areas so that urban growth areas do not have to be expanded into rural, agricultural and forestry lands within the planning period. I9. WCC 20.10.080(2) states that fixrther studies made or accepted by the department of planning and development services and planning commission must indicate a need for the amendment or that changed conditions must indicate a need for the amendment. 20. Approximately 57.5% of the acreage in existing long term planning areas can be divided under the current regulations. Additional large -lot land divisions that could occur under the existing regulations in these long term planning areas, as well as in short term planning areas that do not have public water and sewer, would hinder the ability to achieve fixture urban density developments in these urban growth areas. 21. WCC 20.10.080(3) states that the public interest must be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: • The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. • The anticipated effect upon the ability of the County and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facil ities. • The suitability of the site to provide on -site wells and/or on -site sewage disposal, if applicable. • Anticipated impact upon critical areas. • Anticipated impact upon designated agricultural, forest and mineral resource lands. 22. The proposed text amendments would reduce the conversion of developable land within urban growth areas to suburban development patterns. This is intended to provide more effective utilization of urban growth areas so that, over the planning period, they can be developed at appropriate urban densities as envisioned in the Whatcom County Comprehensive Plan. The public policy of Whatcom County, as expressed in the Comprehensive Plan, calls for the retention of rural, agricultural and forestry lands. More efficient use of existing urban growth areas should translate into less need to expand these urban growth areas into rural, agricultural and/or forestry lands. Therefore, the subject amendment will serve the public interest. 23. No adverse impacts to service providers, critical areas or designated resource lands have been identified. P. 3 WC 24. WCC 20.10.080(4) states that the amendment must not include nor facilitate illegal spot zoning. 25. The proposed text amendments are applicable to rather large areas, and these amendments are not intended to facilitate private gain. Rather, they are intended to serve the public interest by ensuring efficient use of existing urban growth areas. Therefore, the proposal does not constitute "spot zoning." CONCLUSIONS The subject amendment is consistent with the approval criteria of WCC 20.10.080 and serves the public interest. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown on Exhibit B. Section 3. 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. ADOPTED this day of , 2006 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: Civiep% ecutor P. 4 Laurie Caskey-Schreiber, Chairperson O Approved O Denied Pete Kremen, Executive Date: 281 Exhibit A Policy 2S-2: Land within a UGA but outside a Short Term Planning Area shall retain its current zoning until a new joint plan is identified and the Short Term Planning Area is moved, but with the following additional limitations on development which shall be included in the County development regulations: No sewer shall be extended outside a Short Term Planning Area. Water lines shall not be extended to serve urban levels of development outside a Short Term Planning Area. Exceptions may be made in cases where human health is threatened as determined by the County Health and Human Services Department (the use of interties for emergency purposes will be allowed to the extent that other needed approvals are given); (2) where vested rights currently exist - the city/district will provide the County detailed maps specifying the location and nature of the vested rights; (3) to help meet regional supply needs, as discussed under the CWSP, so long as the purveyor has sufficient quantities of water to meet needs in its entire UGA as determined by the purveyor and agreed to by the County. • All development in urban growth areas shall be done in a manner which will not preclude development at urban levels of density when the area is annexed into the city. • No residential development shall occur at a gross density greater than one dwelling unit per five acres. All residential land divisions will be developed as cluster subdivisions. All lu+ldaMe clustered lots will be grouped together in one cluster. Clustered lots will be as small as possible in order to maintain a large reserve tract available for future urban development. Wells, sewage disposal systems, and easements associated with these facilities may be placed on the reserve tract only if it is not feasible to place them within the boundaries of the clustered lots. • When the site is rezoned to short term planning area and public water and sewer serve the site, the reserve tract of a cluster subdivision may be developed with urban densities allowed in the zoning district. If the clustered lots are served by wells, sewage disposal facilities and/or associated easements that are located on the reserve tract, then the clustered lots will be required to hook up to public water and sewer when the reserve tract is developed with urban densities. The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. P. 1 i A Exhibit B Amend the Urban Residential (UR) District of the Official natcom County Zoning Ordinance as follows: 20.20.251 Minimum lot size within an urban growth area. For the purpose of creating new building lots within the Urban Residential District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, and, where required by regulation, stormwater collection and detention facilities serve the proiect site. Where the lot cluster land division method is used the minimum lot size is based on consideration of the zoning district's setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown below. Where a maximum lot size is imposed, clustered lots shall be as small as allowed by the Health Department. 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. Min. Reserve Area {Cluster District Maximum Gross Density Minimum Lot Size Maximum Lot Size Subdivisions] Conventional Cluster Cluster Lots UR: all densities without public sewer and water 1 dwelling unit/5 acres NIA* 12,500 sq. 22,000 sq. NIA ** UR: all densities outside short-term planning areas ** 1 dwelling unit/5 acres NIA * 12,500 sq. 22,000 sq, NIA UR: all densities with 1 dwelling NIA* 12,500 sq. 22,000 sq. NIA public sewer or water ** unit/5 acres UR-3: in short-term lanninq areas with ublic sewer and water, 3 dwelling units/1 acre 12,000 sq. ft. 8,000 sq. ft. NIA 25% nd stormwater ollection and detention facilities UR-4: in short-term planning areas with public sewer and water, 4 dwelling units/1 acre 8,000 sq. ft. 6,000 sq. ft. NIA 20% and stormwater collection and detention facilities P. 2 283 * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. ** Does not apply to the Bellingham urban growth area. 20.20.253 2-5-1- Minimum lot size outside an urban growth area. For the purpose of creating new building lots within the Urban Residential District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, and, where required by regulation, identified by the anpFe ria}e Germprehennive Plan ng!iG;ec' stormwater collection and detention facilities serve the project site. Where the lot cluster land division method is used the minimum lot size is based on consideration of the zoning district's setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown below. (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 11, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 82-58, 1982). 20.20.254 2-52 Maximum density and minimum lot size outside an urban growth area. Minimum Lot Size Min. Reserve District Gross Density Area (Cluster Conventional Cluster Subdivisions) UR: all densities without public sewer 1 dwelling 5 acres 1 acre 80% and water unit/5 acres 1 acre without public water and UR: all densities outside shGrt 1 dwelling sewer 80% planning areas small towns and resort unit/5 acres 5 acres recreational subdivisions 12,500 sq. ft. with public water or sewer UR: all densities with public sewer or 1 dwelling 5 acres 12,500 sq. ft. 80% water unit/5 acres UR-3: in shoe} -term planning areas mall towns or resort recreational 3 dwelling 12,000 sq. ubdivisions with public sewer and units/1 acre ft. 8,000 sq. ft. o 25 /o ater, and stormwater collection and etention facilities UR-4: in short -te FFn planning areas small towns or resort recreational 4 dwelling subdivisions with public sewer and units/1 acre 8,000 sq. ft. 6,000 sq. ft. o 20 /o water, and stormwater collection and detention facilities Note: Renumber existing section 20.20.253 to .255 P. 3 WE 20.20.305 Lot clustering. (1) The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. (2) The clustering option is also intended to help preserve open space and the character of areas and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. (3) Lot clustering is required for residential land divisions developments on paFGels 10 anres eF greate when: (a) The property is located within a short-term planning area and public water and sewer are not available; or (b) The property is located within a long-term planning area. fAl (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 90-45, 1990). 20.20.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following FeGemme"design standards: (1) Clustered building lots may be created only through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Within short-term planning areas where public water and sewer are not available and within long term planning areas, all fesi WAW clustered building lots shall be grouped together in a single cluster. In all other cases, Wwhere practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatiblewith physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. (Ord. 90-45, 1990; Ord. 87-12, 1987; Ord. 87-11, 1987). P. 4 285 20.20.320 Reserve tract. For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The reserve tract may be considered as a building lot, provided that it is included in the overall density calculation of the original parcel of record. Within short-term planning areas where public water and sewer are not available and long term planning areas, the reserve tract may be considered a building lot only under one of the following additional conditions: (a) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall: i. Be contiquous with the outside boundary of the clustered lots; and ii. Be entirely located 200' or less from the outside boundary of the clustered lots; and iii. Not exceed the maximum lot size for clustered lots in the zone. (b) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall: i. Be contiguous with an exterior property line of the original parcel of record; and ii. Be entirely located 200' or less from an exterior property line of the original parcel of record; and iii. Not exceed the maximum lot size for clustered lots in the zone. (c) An existing residential use and accessory structures may be located anywhere on the reserve tract. Clustered lots shall be located adiacent to such existing residential use, unless the zoning administrator determines that: L Because of physical circumstances applicable to the site, clustering adjacent to the existing residential use would hinder access to the reserve tract for future urban development; or H. Protection of environmental features would be negatively impacted; or iii. Existing agricultural structures would be negatively impacted. P. 5 vsui��a�a= 1 1 1 1 1 ge (3) The "reserve tract" may be further subdivided only through the long subdivision process and only under one of the following circumstances: (a) The county finds that in developing adjacent tracts it would help to further the objectives listed in WCC 20.20.305by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (c) The site is within a short-term planning area and public water and sewer serve the proposed development on the reserve tract. (4) For sites located within urban growth areas, wells, sewage disposal systems, and associated easements that sereve the GlusteFed4etn may be located on the reserve tract only if: (a) The applicant demonstrates to the Whatcom County Health Department that there is not adequate space on the clustered lots for such facilities and/or easements, and (b) A note is placed on the face of the plat stating that, prior to filing a final plat with the County Auditor that divides the reserve tract for urban density development: Owners of clustered lots and the reserve tract shall hook-up to public water and sewer; and ii. Easements and restrictive covenants for wells and/or sewage disposal systems on the reserve tract shall be extinguished, with Health Department approval; and iii. Wells on the reserve tract shall be decommissioned in accordance with Washington Department of Ecology regulations and sewage disposal systems on the reserve tract shall be abandoned. P. 6 287 The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. (5 4) The purpose of the reserve tract as stated in subsections (1), (2), and (3) and 4 of this section shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts." (6 a) That the above stated requirements in subsections (2) to fQ (4� of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 14, 1998; Ord. 90-45, 1990; Ord. 82-58, 1982). P. 7 Amend the Urban Residential —Medium Density (URM District of the Official Whatcom County Zoniniz Ordinance as follows: 20.22.252 Maximum/minimum density and minimum lot size -- General. Maximum Lot Size Minimum Lot Minimum Gross Density Size — Minimum Lot Reserve Area District Conventional Size — Cluster (Cluster Divisions) Clustered Lots Maximum URM: all densities without public density: NIA* 5 awes 12,500 sq. ft. NIA sewer and water** 1 dwelling unit! GReaGFc 22,000 sq. 90% ft. 5 acres 12,500 sq. ft. Maximum GRe e without pu51is 22,000 sq. URM: all densities outside short- densi . N/A*-5 awes wateF and ft. NIA term planning areas* 1 dwelling unit) sewe 9"0 5 acres 12,50�0 sq. ft. with publir. Ater nr sew of Maximum URM: all densities with public densi . N/A*-5 awes 12500 sft. NIA sewer or water** 1 dwelling unit/ ,q. 22,000 sq. 50°4 ft. 5 acres URM-6: with public sewer and Maximum water, and stormwater collection densi L. 6 dwelling 7,200 sq. ft. NIA NIA N/A and detention facilities units/4 acre URM-12: with public sewer and Maximum water, and stormwater collection density: 12 dwelling 7,200 sq. ft. NIA NIA NIA and detention facilities units/acre URM-18: with public sewer and Maximum water, and stormwater collection density: 18 dwelling 7,200 sq. ft. NIA NIA NIA and detention facilities units/acre Minimum net URM-24: with public sewer and density: 10 water, stormwater collection and dwelling detention facilities and units/acre. transferable development rights Maximum NIA NIA NIA pursuant to the provisions of density: 24 NIA Chapter 20.89 WCC and dwelling subsection (4) of this section. units/gross acre. * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. ** Does not apply to the Bellingham urban growth area. P. S M (2) Where the lot clustering land division method is used, the minimum lot size is based on consideration of the zoning district's setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown above. Where a maximum lot size is imposed, clustered lots shall be as small as allowed by the Health Department. (3) Where the Whatcom County Comprehensive Plan policies call for restricting densities and allow for the transfer of densities and where the provisions of Chapter 20.89 WCC are met, then the maximum allowable density shall be equal to that established by the Comprehensive Plan; provided, that public sewer and water are available. (4) In the URM-24 zones in the Bellingham Urban Growth Area, minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements. (5) In the URM-24 zones in the Bellingham Urban Growth Area, transferable development rights (TDRs) from the Lake Whatcom watershed sending area, must be used, pursuant to the provisions of Chapter 20.89 WCC, Density Transfer Procedure, in order to develop at the prescribed densities. Each development right transferred from the Lake Whatcom watershed may be used to develop three dwelling units in the UGA. For the purpose of using TDRs, the base density is considered to be four dwelling units per acre. TDRs must be used to attain any density greater than four per acre as illustrated in the following table: TDR Base Density Transfer of Development Rights (I TDR = 3 dwelling units per acre) Allowed Density (range from Za to 24 dwelling units per acre) 4 dwelling units/acre 2 TDRs 10 dwelling units/acre 4 dwelling units/acre 3 TDRs 13 dwelling units/acre 4 dwelling units/acre 4 TDRs 16 dwelling units/acre 4 dwelling units/acre 5 TDRs 19 dwelling units/acre 4 dwelling units/acre 6 TDRs 122 dwelling units/acre (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 20, 1998; Ord. 89-92, 1989; Ord. 84-38, 1984). 20.22.305 Lot clustering. 1) The Durpose of lot clusterina is to Drovide an alternative method of creatin economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for forestry, open space or future development. (24) Lot clustering is required for residential land divisions deVelOpMeR+ ^n p aFGG'@ 10 aG a OF gFeator when: (a) The property is located within a short-term planning area and public water and sewer are not available; or (b) The property is located within a long-term planning area. P. 9 290 I Ot Gli st .ill he s phi G 'in (2�cvr-vr�.�ceflA�Sklu�r-��vjefi�t��Fe�N��1�ERt8 �v20 305 20.20.310, and 29.20. (Ord. 2005-041 § 1 Exh. A, 2005). 20.22.310 Design standards. The creation of new building lots, pursuant to this section, shall be governed by the following MGGrnme^design standards, except that in the Bellingham Urban Growth Area, the city of Bellingham's design and development standards and guidelines shall be applied: (1) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (2) Within short-term planning areas where public water and sewer are not available and within long term planning areas, all resedentmal clustered building lots shall be grouped together in a single cluster. In all other cases. Wwhere practical, the majority of building sites should be arranged in a concentrated pattern to be compatible with physical site features, and have no more than two common encroachments on existing county roads. The arrangement of concentrated building lots is intended to discourage development forms commonly known as linear straight-line or highway strip patterns. (Ord. 2004-021 § 1, 2004). 20.22.320 Reserve tract. For the purposes of this section. "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subiect to the following provisions: (1) After a site is initially subdivided pursuant to this chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) The reserve tract may be considered as a building lot, provided that it is included in the overall density calculation of the original parcel of record. Within short-term planning areas where public water and sewer are not available and long term planning areas, the reserve tract may be considered a building lot only under one of the following additional conditions: a) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. 'rho building envelope shall: i. Be contiguous with the outside boundary of the clustered lots; and ii. Be entirely located 200' or less from the outside boundary of the clustered lots; and iii. Not exceed the maximum lot size for clustered lots in the zone. P. ] 0 291 b) Residential construction and accessory structures are restricted to a building envelope that is delineated on the final plat or short plat. The building envelope shall: L Be contiguous with an exterior property line of the original parcel of record; and I Be entirely located 200' or less from an exterior property line of the original parcel of record; and iii. Not exceed the maximum lot size for clustered lots in the zone. (c) An existing residential use and accessory structures may be located anywhere on the reserve tract. Clustered lots shall be located adjacent to such existing residential use, unless the zoning administrator determines that: i. Because of physical circumstances applicable to the site, clustering admacent to the existing residential use would hinder access to the reserve tract for future urban development, or H. Protection of environmental features would be negatively impacted; or iii. Existing agricultural structures would be negatively impacted. m.1 - - _.11 ►mot .'-"1•C-�. a,:RIMINY - PTM < < .. ��.I Pvj 1 N P.rqm 1 _ (3) The "reserve tract" may be further subdivided only through the long subdivision process and only under one of the following circumstances: (a) The county finds that in developing adjacent tracts it would help to further the obiectives listed in WCC 20.22.305 by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adverselv affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (c) The site is within a short-term planning area and public water and sewer serve the proposed development on the reserve tract. P. 11 292 (4) For sites located within urban growth areas, wells, sewage disposal systems, and associated easements that serve the qlustmd4ets may be located on the reserve tract only if: (a) The applicant demonstrates to the Whatcom County Health Department that there is not adequate space on the clustered lots for such facilities and/or easements; and (b) A note is placed on the face of the plat statinq that, prior to filing a final plat with the County Auditor that divides the reserve tract for urban density development: i. Owners of clustered lots and the reserve tract shall hook-up to public water and sewer; and H. Easements and restrictive covenants for wells and/or sewage disposal systems on the reserve tract shall be extinguished, with Health Department approval; and iii. Wells on the reserve tract shall be decommissioned in accordance with Washington Department of Ecology regulations and sewage disposal systems on the reserve tract shall be abandoned. The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. (5) The purpose of the reserve tract as stated in subsections (1), (2), (3) and (4) of this section shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts." (6) That the above stated requirements in subsections (2) to (5) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. Repealed by Qr-d. 2004 021. (Ord. 98-083 Exh. A § 21, 1998; Ord. 90-45, 1990; Ord. 84- 38, 1984). Note: WCC 20.22.253 and. 254 are not being altered by this proposal. P. 12 293 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS Amendments to the Whatcom County Comprehensive Plan and to the Urban Residential and Urban Residential Medium Density Zones relating to Lot Clustering, Reserve Tracts, and Water & Sewage Disposal Facilities WHEREAS, The proposal will facilitate appropriate urban densities in urban growth areas and preservation of rural and resource lands surrounding urban growth areas; and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held public hearings on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments; NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS: FINDINGS OF FACT AND REASONS FOR ACTION 1. The County Council approved resolution No. 2006-029 initiating the original version of the amendment for further review on March 14, 2006. 2. Notice that the County Council initiated the original version of the amendment for further review was e-mailed to city planners on March 21, 2006. 3. Notice that the County initiated the original version of the amendment for further review was published in the Bellingham Herald on March 22, 2006. 4. Notice of the amendment was sent to state agencies, including the Department of Community, Trade and Economic Development (CTED), on April 4, 2006. 5. Notice of the Planning Commission hearings for this legislative action was published in the Bellingham Herald on July 16, 2006 and September 3, 2006. 6. Notice of the Planning Commission hearings for this legislative action was posted on the County's website on July 11, 2006 and August 31, 2006. 7. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on May 9, 2006. Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-000061Planning Commission Find ings.doc P. 1 294 8. The Planning Commission held public hearings relating to the subject amendment on July 27, 2006 and September 14, 2006. 9. Whatcom County Code (WCC) 20.10.080 contains approval criteria for Comprehensive Plan amendments. 10. WCC 20.10.080(1) states that the amendment must conform to the requirements of GMA, be internally consistent with the Comprehensive Plan, be consistent with the County - Wide Planning Policies and be consistent with any interlocal planning agreements. 11. The Growth Management Act (GMA), at RCW 36.70A.020, includes the following planning goals: • Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. • Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development. 12. Whatcom County's important interest in facilitating appropriate urban densities is expressed in Whatcom County Comprehensive Plan Goal 2A, which is to "Ensure provision of sufficient land and densities to accommodate the growth needs of Whatcom County and protect the qualities that make the county a desirable place to live." 13. Whatcom County Comprehensive Plan Goal 2R is to "Ensure adequate land supply is provided to accommodate twenty years of growth within urban areas." 14. County -wide planning policy D-3 states: "... Short term and long term boundaries may be used to facilitate provision of urban levels of service and to not preclude future urban densities as defined within the Whatcom County Comprehensive Plan." 15. The proposed amendment is intended to reduce suburban sprawl and.facilitate land uses in urban growth areas that will that allow urban levels of density to be achieved in the future. 16. Whatcom County's important interest in protecting rural, agricultural and forestry lands (including such lands surrounding urban growth areas) is expressed in the Comprehensive Plan. Specifically, Comprehensive Plan Goal 2DD is to "Retain the rural character and lifestyle of Whatcom County." Policy 2A-9 is to "Retain existing rural and heavy industrial areas in the northwestern region of the county." The Comprehensive Plan states "... Maintaining the rural character and lifestyle is very important to Whatcom County residents... " (p. 2-62). Additionally, Comprehensive Plan Goal 8A is to "Conserve and enhance Whatcom County's agricultural land base for the continued production of food and fiber." Finally, Comprehensive Plan GOAL 8F is to "Maintain and enhance Whatcom County's forest land base." Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006.-00006/Planning Commission Findings.doc P. 2 295 17. A substantial amount of the land surrounding urban growth areas in Whatcom County is designated rural, agriculture or forestry by the Comprehensive Plan. Inefficient large -lot residential land uses in the urban growth areas will place more pressure to convert rural, agricultural, and/or forestry lands to urban growth areas in the future. 18. One strategy for maintaining rural character, agricultural lands, and forest lands is to achieve appropriate urban densities in existing urban growth areas so that urban growth areas do not have to be expanded into rural, agricultural and forestry lands within the planning period. 19. WCC 20.10.080(2) states that further studies made or accepted by the department of planning and development services and planning commission must indicate a need for the amendment or that changed conditions must indicate a need for the amendment. 20. Approximately 57.5% of the acreage in existing long term planning areas can be divided under the current regulations. Additional large -lot land divisions that could occur under the existing regulations in these long term planning areas, as well as in short term planning areas that do not have public water and sewer, would hinder the ability to achieve future urban density developments in these urban growth areas. 21. WCC 20.10.080(3) states that the public interest must be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: • The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. • The anticipated effect upon the ability of the County and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. • The suitability of the site to provide on -site wells and/or on -site sewage disposal, if applicable. • Anticipated impact upon critical areas. • Anticipated impact upon designated agricultural, forest and mineral resource lands. 22. The proposed text amendments would reduce the conversion of developable land within urban growth areas to suburban development patterns. This is intended to provide more effective utilization of urban growth areas so that, over the planning period, they can be developed at appropriate urban densities as envisioned in the Whatcom County Comprehensive Plan. The public policy of Whatcom County, as expressed in the Comprehensive Plan, calls for the retention of rural, agricultural and forestry lands. More efficient use of existing urban growth areas should translate into less need to expand these urban growth areas into rural, agricultural and/or forestry lands. Therefore, the subject amendment will serve the public interest. Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-000061Planning Commission Findings_doc P. 3 296 23. No adverse impacts to service providers, critical areas or designated resource lands have been identified. 24. WCC 20.10.080(4) states that the amendment must not include nor facilitate illegal spot zoning. 25. The proposed text amendments are applicable to rather Iarge areas, and these amendments are not intended to facilitate private gain. Rather, they are intended to serve the public interest by ensuring efficient use of existing urban growth areas. Therefore, the proposal does not constitute "spot zoning." CONCLUSIONS The subject amendment is consistent with the approval criteria of WCC 20.10.080 and serves the public interest. RECOMMENDATION Based upon the above findings and conclusions, the Planning Commission recommends approval of the amendments to the Whatcom County Comprehensive Plan shown in Exhibit A and amendments to the Official Whatcom County Zoning Ordinance shown in Exhibit B. WHATCOM COUNTY PLANNING COMMISSION i David H er, Chairperson CIA 1? 06 Date �r Hal . Hart, Secretary Lo6-2 �?r Dat Commissioners present at the September 14, 2006 meeting when the vote was taken on the subject amendment: Rabel Burdge, David Hunter, John Lesow, Kenneth Mann, Dave Pros and Ron Roosma. Vote: Ayes: 5, Nays: 1, Abstain: 0, Absent: 3. Motion carried to adopt the above amendments. Planning/Comp Plan Amendments/Comp Plan 20061CMP2006-00006/Planning Commission Findings.doc P. 4 297 Exhibit A Policy 2S-2: Land within a UGA but outside a Short Term Planning Area shall retain its current zoning until a new joint plan is identified and the Short Term Planning Area is moved, but with the following additional limitations on development which shall be included in the County development regulations: No sewer shall be extended outside a Short Term Planning Area. Water lines shall not be extended to serve urban levels of development outside a Short Term Planning Area. Exceptions may be made in cases where human health is threatened as determined by the County Health and Human Services Department (the use of interties for emergency purposes will be allowed to the extent that other needed approvals are given); (2) where vested rights currently exist - the city/district will provide the County detailed maps specifying the location and nature of the vested rights; (3) to help meet regional supply needs, as discussed under the CWSP, so long as the purveyor has sufficient quantities of water to meet needs in its entire UGA as determined by the purveyor and agreed to by the County. • All development in urban growth areas shall be done in a manner which will not preclude development at urban levels of density when the area is annexed into the city. • No residential development shall occur at a -gross density greater than one dwelling unit per five acres. • All residential land divisions will be developed as cluster subdivisions. All buildable lots will be in one cluster. Clustered lots will be as small as possible in order to maintain a large reserve tract available for future urban development. Wells, sewage disposal systems, and easements associated with these facilities may be placed on the reserve tract only if it is not feasible to place them within the boundaries of the clustered lots. • When the site is rezoned to short term planning area and public water and sewer serve the site, the reserve tract of a cluster subdivision may be developed with urban densities allowed in the zoning district. If the clustered lots are served by wells, sewage disposal facilities and/or associated easements that are located on the reserve tract, then the clustered lots will be required to hook up to public water and sewer when the reserve tract is developed with urban densities. The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.doc P. 5 ON Exhibit B Amend the Urban Residential (UR) District of the Official Whatcom County Zoning Ordinance as follows: 20.20.251 Minimum lot size within an urban growth area. For the purpose of creating new building lots within the Urban Residential District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, and, where required by regulation, stormwater collection and detention facilities serve the project site. Where the lot cluster land division method is used the minimum lot size is based on consideration of the zoning district's setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown below. Where a maximum lot size is imposed, clustered lots shall be as small as allowed by the Health Department. 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. District Maximum Gross Density Minimum Lot Size Maximum Lot Min. Reserve Area (Cluster Size Subdivisions) Conventional Cluster Cluster Lots UR: all densities without public sewer and water 1 dwelling unit/5 acres NIA* 12,500 sq. 22,000 sq. NIA ** UR: all densities outside short-term planning areas ** 1 dwelling unit/5 acres NIA* 12,500 sq. 22,000 sq, NIA UR: all densities with public sewer or water ** 1 dwelling unit/5 acres NIA* 12,500 sq, 22,000 sq. ft. NIA ft. UR-3: in short-term lannina areas with ublic sewer and water, 3 dwelling unitsll acre 12,000 sq. ft. 8,000 sq. ft. NIA 25% nd stormwater ollection and detention acilities UR-4: in short-term planning areas with public sewer and water, 4 dwelling units/1 acre 8,000 sq. ft. 6,000 sq. ft. NIA 20% and stormwater collection and detention facilities Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.doc 299 * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. ** Does not apply to the Bellingham urban growth area. 20.20.253 2-54 Minimum lot size outside an urban growth area. For the purpose of creating new building lots within the Urban Residential District, several land use densities are herein provided. The minimum lot size requirements for new construction vary according to the method of subdivision, as well as whether or not public sewer, water, and, where required by regulation, identified by the annr.-.nriat ('nrrmnrehensive Plan nnVnieo stormwater collection and detention facilities serve the project site. Where the lot cluster land division method is used the minimum lot size is based on consideration of the zoning district's setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown below. (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 11, 1998; Ord. 87-12, 1987; Ord. 87-11, 1987, Ord. 82-58, 1982). 20.20.254 2,52 Maximum density and minimum lot size outside an urban growth area. Minimum Lot Size Min. Reserve District Gross Density Area (Cluster Conventional Cluster Subdivisions) UR: all densities without public sewer 1 dwelling 5 acres 1 acre 80% and water unit/5 acres 1 acre without public water and UR: all densities outside n"F-+ 1 dwelling sewer 80% planning areas small towns and resort unit/5 acres 5 acres recreational subdivisions 12,500 sq. ft. with public water or sewer UR: ail densities with public sewer or 1 dwelling 5 acres 12,500 sq. ft. 80% water unit/5 acres UR-3: in 61194 teFM planning areas mall towns or resort recreational 3 dwelling 12,000 sq. subdivisions with public sewer and units/1 acre ft. 8,000 sq. ft. o 25 /o water, and stormwater collection and detention facilities UR-4: in short _te FFn Planning area& small towns or resort recreational 4 dwelling subdivisions with public sewer and units/1 acre 8,000 sq. ft. 6,000 sq. ft. o 20 /o water, and stormwater collection and detention facilities Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.doc P, 7 300 Note: Renumber existing section 20.20.253 to .255 20.20.305 Lot clustering. (1) The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. (2) The clustering option is also intended to help preserve open space and the character of areas and reduce total impervious surface area thereby reducing runoff while assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, preservation of wetlands, preservation of aesthetic values including view corridors, and preservation of potential trail and recreation areas. (3) Lot clustering is required for residential land divisions developments an when: (a) The property is located within a short-term planning area and public water and sewer are not available; or (b) The property is located within a long-term planning area. (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 90-45, 1990). 20.20.310 Desiqn standards. The creation of new building lots, pursuant to this section, shall be governed by the following FeGGFAFnen design standards: (1) Clustered building lots may be created only through the subdivision or short subdivision process. (2) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (3) Within short-term planning areas where public water and sewer are not available and within Iona term planning areas, all residential building lots shall be grouped together in a single cluster. In all other cases Wwhere practical, the majority of building sites should be arranged in a cluster or concentrated pattern to be compatible with physical site features, allow for the efficient conversion of the "reserve tract" to other uses in the future, and have no more than two common encroachments on existing county roads. The arrangement of clustered building lots is intended to discourage development forms commonly known as linear, straight-line or highway strip patterns. (4) Common access to clustered building lots should be provided by short length roads or loop roads. In addition, interior streets shall be designed to allow access to the "reserve tract" for the purpose of future approved development. (Ord. 9045, 1990; Ord. 87-12, 1987; Ord. 87-11, 1987). Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.dot P. 8 301 20.20.320 Reserve tract. For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for agricultural, forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subject to the following provisions: (1) After a site is initially subdivided pursuant to this chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. (2) Within short-term planning areas where public water and sewer are not available and Iona term planning areas, the "reserve tract" shall remain unbuildable for residential uses until the reserve tract is further subdivided pursuant to WCC 20.20.320(3)(c), except that a house and accessory structures existing prior to December 31, 2006 shall be allowed on the reserve tract. In all other cases, Tthe "reserve tract" may be considered as a building lot; provided, that such lot is included in the overall density calculation of the original parcel of record. (3) The "reserve tract" may be further subdivided only through the long subdivision process and only under one of the following circumstances: (a) The county finds that in developing adjacent tracts it would help to further the objectives listed in WCC 20.20.305(2-) by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (c) The site is within a short-term planning area and public water and sewer serve the proposed development on the reserve tract. Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.doe P. 9 302 (4) For sites located within urban growth areas, wells, sewage disposal systems and associated easements that serve the clustered lots may be located on the reserve tract only if: (a) The applicant demonstrates to the Whatcom County Health Department that there is not adequate space on the clustered lots for such facilities and/or easements; and (b) A note is placed on the face of the plat stating that, prior to filing a final plat with the County Auditor that divides the reserve tract for urban density development: i. Owners of clustered lots shall hook-up to public water and sewer; and ii. Easements and restrictive covenants for wells and/or sewage disposal systems on the reserve tract shall be extinguished, with Health Department approval; and iii. Wells on the reserve tract shall be decommissioned in accordance with Washington Department of Ecology regulations and sewage disposal systems on the reserve tract shall be abandoned. The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells, sewage disposal facilities and easements associated with these facilities. (5 4) The purpose of the reserve tract as stated in subsections (1), (2), and (3) and 4 of this section shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts." (6 a) That the above stated requirements in subsections (2) to (5) (4) of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistency and compliance with the Official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 98-083 Exh. A § 14, 1998; Ord. 90-45, 1990; Ord. 82-58, 1982). Planaing/Comp Plan Amendments/Comp Plan 20061CMP2006-00006IPlanningCommission Findings.doe P. 10 303 Amend the Urban Residential — Medium Density (URA4) District of the Official Whatcom County Zoning Ordinance as follows: 20.22.252 Maximum/minimum density and minimum lot size — General. Maximum Lot Size Minimum Lot Minimum {i) Gross Density Size — Minimum Lot Reserve Area District Conventional Size — Cluster (Cluster Divisions) Clustered Lots Maximum URM: all densities without public density: NIA* 5 awes 12,500 sq. ft. NIA sewer and water" 1 dwelling unit/ One GFe 22,000 sq. ft. 5 acres 12,500 so. ft. Maximum G Reese without pubiis 22,000 sq. ft. URM: all densities outside short- density: NIA* 5 asr66 water NIA term planning areas** 1 dwelling unit/ seweF 5 acres 12,6.n� 00 sq, ft. With PUbliG tauter nr nnwe-F Maximum URM: all densities with public density., N/A*-5 asfes 125DD sft. NIA sewer or water" 1 dwelling unit/ ,q. 22,000 sq. 89°k ft. 5 acres URM-6: with public sewer and Maximum density: water, and stormwater collection 6 dwelling 7,200 sq_ ft. NIA NIA NIA and detention facilities units/4 acre URM-12: with public sewer and Maximum density: water, and stormwater collection 12 dwelling 7,200 sq. ft. NIA NIA N/A and detention facilities unitslacre URM-18: with public sewer and Maximum density: water, and stormwater collection 18 dwelling 7,200 sq. ft. NIA NIA NIA and detention facilities units/acre Minimum net URM-24: with public sewer and density: 10 water, stormwater collection and dwelling detention facilities and units/acre. transferable development rights Maximum NIA NIA NIA pursuant to the provisions of density. 24 N/A Chapter 20.89 WCC and dwelling subsection (4) of this section. units/gross acre. Planning/Comp Plan Amendmcnts/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.doc P. 11 304 * For the purpose of administering the lot consolidation provisions of WCC 20.83.070, the conventional minimum lot size shall be 5 acres. ** Does not apply to the Bellingham urban growth area. (2) Where the lot clustering land division method is used, the minimum lot size is based on consideration of the zoning district's setback requirements and the Whatcom County health code regulations for sewage systems and drinking water, but shall not be less than that shown above. Where a maximum lot size is imposed, clustered lots shall be as small as allowed by the Health Department. (3) Where the Whatcom County Comprehensive Plan policies call for restricting densities and allow for the transfer of densities and where the provisions of Chapter 20.89 WCC are met, then the maximum allowable density shall be equal to that established by the Comprehensive Plan; provided, that public sewer and water are available. (4) In the URM-24 zones in the Bellingham Urban Growth Area, minimum density shall be calculated as net density, after deducting the areas restricted from development by critical area regulations and infrastructure requirements. (5) In the URM-24 zones in the Bellingham Urban Growth Area, transferable development rights (TDRs) from the Lake Whatcom watershed sending area, must be used, pursuant to the provisions of Chapter 20.89 WCC, Density Transfer Procedure, in order to develop at the prescribed densities. Each development right transferred from the Lake Whatcom watershed may be used to develop three dwelling units in the UGA. For the purpose of using TDRs, the base density is considered to be four dwelling units per acre. TDRs must be used to attain any density greater than four per acre as illustrated in the following table: TDR Base Density Transfer of Development Rights (1 TDR = 3 dwelling units per acre) Allowed Density (range from 10 to 24 dwelling units per acre) 4 dwelling units/acre 2 TDRs 10 dwelling units/acre 4 dwelling units/acre 3 TDRs 13 dwelling units/acre 4 dwelling units/acre 4 TDRs 16 dwelling units/acre 4 dwelling units/acre 5 TDRs 19 dwelling units/acre 4 dwelling units/acre 6 TDRs 22 dwelling units/acre (Ord. 2005-041 § 1 Exh. A, 2005; Ord. 2004-021 § 1, 2004; Ord. 98-083 Exh. A § 20, 1998; Ord. 89-92, 1989; Ord. 84-38, 1984). Planning/Comp Plan AmendmenWComp Plan 20061CMP2006-000061Planning Commission Findings.doe P. 12 305 20.22.305 Lot clustering. (1) The purpose of lot clustering is to provide an alternative method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for forestry, open space or future development. (24-) Lot clustering is required for residential land divisions deyelepmeints an paFGelc 40 aGFe GF gFeatar when: (a) The property is located within a short-term planning area and public water and sewer are not available; or (b) The property is located within a long-term planning area. (71 1 Gt rlustelFi g shall be t rW thc, s nr }c of 5A GG 7n 20 306 ��vr-�r��rccrrF'lg�riai--v�—L6� crr�--r££}lTrr2Fie•F�ca--��--v : w�, 20 20 310 and 20.20. (Ord. 2005-041 § 1 Exh. A, 2005). 20.22.310 Desiqn standards. The creation of new building lots, pursuant to this section, shall be governed by the following reGOmmelFll design standards, except that in the Bellingham Urban Growth Area, the city of Bellingham's design and development standards and guidelines shall be applied: (1) Building lots should be designed and located to the fullest extent possible to be compatible with valuable or unique natural features, as well as physical constraints of the site. (2) Within short-term planning areas where public water and sewer are not available and within long term planning areas, all residential building lots shall be grouped together in a single cluster. In all other cases, Wwhere practical, the majority of building sites should be arranged in a concentrated pattern to be compatible with physical site features, and have no more than two common encroachments on existing county roads. The arrangement of concentrated building lots is intended to discourage development forms commonly known as linear straight-line or highway strip patterns. (Ord. 2004-021 § 1, 2004). 20.22.320 Reserve tract. For the purposes of this section, "reserve tract" is defined as that portion of a proposed subdivision or short subdivision which is intended for forestry, open space or future development purposes. All "reserve tracts" created through the subdivision process shall be subiect to the following provisions: (1) After a site is initially subdivided pursuant to this chapter, the "reserve tract" may be retained by the subdivider, conveyed to residents of the subdivision or conveyed to a third party. Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findin&s.doc P. 13 1: (2) Within short-term planning areas where public water and sewer are not available and long term planning areas, the "reserve tract" shall remain unbuildable for residential uses until the reserve tract is further subdivided pursuant to WCC 20.22.320(3)(c), exceptthat a house and accessory structures existing prior to December 31, 2006 shall be allowed on the reserve tract. In all other cases, the "reserve tract" maybe considered as a building iot; provided, that such lot is included in the overall density calculation of the original parcel of record. (3) The "reserve tract" may be further subdivided only through the long subdivision process and only under one of the following circumstances: (a) The county finds that in developing adiacent tracts it would help to further the obmectives listed in WCC 20.22.305 by dividing the reserve tract and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in reserve area; and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract; or (b) When the Comprehensive Plan and zoning have been updated as part of the normal process (other than a revision initiated by the private sector or done for a specific area) and the public process has been gone through, subject to findings that there is no adverse impact to critical areas and when the reserve tract is owned by the original developer or a third party, no property owner within the original subdivision will be significantly adversely affected or suffer a substantial decrease of property value as a result of dividing the reserve tract: or (c) The site is within a short-term planning area and public water and sewer serve the proposed development on the reserve tract. (4) For sites located within urban growth areas, wells, sewage disposal systems, and associated easements that serve the clustered lots may be located on the reserve tract only if: (a) The applicant demonstrates to the Whatcom County Health Department that there is not adequate space on the clustered lots for such facilities and/or easements; and (b) A note is placed on the face of the plat stating that, prior to filing a final plat with the County Auditor that divides the reserve tract for urban density development: L Owners of clustered lots shall hook-up to public water and sewer: and ii. Easements and restrictive covenants for wells and/or sewage disposal systems on the reserve tract shall be extinguished, with Health Department approval: and iii. Wells on the reserve tract shall be decommissioned in accordance with Washington Department of Ecology regulations and sewage disposal systems on the reserve tract shall be abandoned. Planning/Comp Plan Amendments/Comp Plan 2006/CMP2006-00006/Planning Commission Findings.doc P. 14 307 The intent of this provision is to ensure that the reserve tract can be developed to its fullest potential, and such development will not be restricted by the existence of wells sewage disposal facilities and easements associated with these facilities. O The purpose of the reserve tract as stated in subsections (1), (2). (3) and (4) of this section shall be communicated in writing on the face of the plat or short plat. The number of developable building sites remaining (if any) with the original parcel of record, based on the assigned density, shall also be prominently displayed on the plat or short plat. Whatcom County shall make every effort to assist all agents in communicating clearly such information to all purchasers and prospective purchasers of building lots or "reserve tracts." fi That the above stated requirements in subsections 2 to 5 of this section shall be recorded as a deed restriction at the time of filing of the final plat or short plat, and shall constitute an agreement between Whatcom County and the owner of record. Said deed restriction may be amended by mutual agreement between said parties after review for consistencv and compliance with the Official Whatcom County Zoning Ordinance the Whatcom County Subdivision Ordinance and the Whatcom County Comprehensive Plan. Repeated b,, 0 004 021. (Ord. 98-083 Exh. A § 21, 1998, Ord. 90-45, 1990; Ord. 84- 38, 1984). Note. WCC 20.22.253 and .254 are not being altered by this proposal. Planning/Comp Plan Amendments/Comp Plan 20061CMP2006-000060anning Commission Findings.doc P. 15 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-260 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: k'r 09-06-06 [� rt; September 12, 2006 Introduction Division Head: k'r 09-06-06 Se tember 26, 2006 Public Hearin Dept. Head: mrtfW`' 09-06-06 S? 0 6 2G06 10/10/2006 Public Hearing Proseculor.• 10/24/2006 Public Works Purchasin /Bud et: 11/21/2006 Council 12/05/2006 Introduction Executive: '+ < <' '+ `;��;tila[„ 1/16/07 Public Hearin TITLE OF DOCUMENT. An ordinance amending Whatcom County Code 10.34 Ferry Rates, and the Unified Fee Schedule for user fees for the Lummi Island Ferry. (Substitute Agenda Bill for 2006-260) ATTACHMENTS: Memorandum, proposed Ordinance, Exhibit "A" Proposed changes to WCC 10.34, and Exhibit `B" Proposed changes to the 2007 Unified Fee Schedule. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: September 26, 2006 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.) Intended to replace Agenda Bill 2006-260. An ordinance is proposed to change the provisions of Whatcom County Code 10.34 Ferry Rates and the 2007 Unified Fee Schedule as it pertains to the user fees charged for the Lummi Island Ferry. COMMITTEE ACTION: COUNCIL ACTION: 9/12/06: Introduced 10/10/06: Rescheduled to 10/24/2006 Public Works 10/24/06: Discussion held 11/21/06: devised ordinance — will be introduced at a later date 12/05/06: Introduction 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.)va.us/council. 309 SPONSORED BY: Council 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 PROPOSED BY: Weimer & Brenner INTRODUCTION DATE: December 5, 2006 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND THE WHATCOM COUNTY UNIFIED FEE SCHEDULE WHEREAS, Chapter 10.34 of the Whatcom County Code discusses administration of ferry rates and an interpretation of the rate schedule, included in the Whatcom County Unified Fee Schedule; and WHEREAS, ferry rates are set forth in the Unified Fee Schedule; and WHEREAS, it is necessary to amend the rates charged to users of the ferry; and WHEREAS, in order for the user fees to be amended as requested on Exhibit B, it is necessary to amend Chapter 10.34 of the Whatcom County Code as shown on Exhibit A. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 10.34 is hereby amended as indicated in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that the Whatcom County Unified Fee Schedule is hereby amended as set forth in the attached Exhibit "B". BE IT FINALLY ORDAINED that the amended fares set forth in Exhibit "B" shall be effective March 1, 2007. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROV D AS TO ZFORM: ivi Deputy P secutor 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: Page 1 310 2 3 4 EXHIBIT A Chapter 10.34 FERRY RATES' 5 Sections: 6 10.34.005 Definitions. 7 10.34.010 Effective date for ferry user fees. 8 10.34.020 Interpretation of rate schedule. 9 10.34.030 Use of ferry user fee revenues. 10 11 10.34.005 Definitions. 12 A. "Ferry system" means all physical elements of the Lummi Island 13 ferry operations, including both the Gooseberry Point and Lummi 14 Island vehicle and pedestrian staging areas, vehicle parking areas, 15 and ferry docks, and any and all boats utilized for transport 16 purposes. 17 18 B. "Operating cost" means all actual daily running expenses and all 19 actual regular and routine maintenance and administrative 20 expenses associated with the use and operation of all physical 21 elements of the ferry system. 22 23 C. "Capital cost" means all capital expenditures, including financing 24 and depreciation expenses applied to the replacement, expansion, 25 or creation of ferry system physical elements. 26 27 D. "Fare box recovery rate" means the calculated percentage of total 28 revenue generated through ferry user fees in comparison to total 29 actual operating costs for the same period of time. 30 31 E. "Ferry user fees" means the rates and charges required of and 32 collected from any and all users of the ferry system, as established 33 and periodically amended in the unified fee schedule. 34 35 F. "Rate schedule" means the combination of ferry user fees and 36 operational policies affecting the use of the ferry system. (Ord. 37 2005-090 Exh. A). 38 10.34.010 Effective date for ferry user fees. 39 Ferry user fees are set forth in the Whatcom County unified fee 40 schedule and become effective as set forth in the ordinance adopting or 41 amending such schedule. (Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 42 2001-064; Ord, 93-080 Exh. Q). 43 10.34.020 Interpretation of rate schedule. 44 The following provisions should be observed in application of the ferry 45 rate schedule: 46 Page 2 311 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 51 52 A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. B. Special trips are a surcharge in addition to the applicable fare. C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over -width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over -width trailers shall also be charged a 50 percent surcharge. G. Student multiride cards shall be sold to full-time students only. Proof of age and enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. A special rate may be applied to children under 12 and children 12 to 18 years of age. No special child discount is available for drivers of vehicles. I. County employees on official county business shall be exempt from fares. J. Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. left blankn� K. A special needs based discount is provided for Lummi Island residents who meet the income levels listed below. These special tickets will only be sold at the Whatcom County Treasurer's Office in Bellingham and will require proof of income and family size. Eligibility will be reviewed at least annually. Forms and procedures will be developed by the Whatcom County Treasurer's Office • Family of or more with less than $40,000 total annual income • Family of 3 with less than $30,000 total annual income • Family oft with less than $20,000 total annual income • Individual with less than $10,000 total annual income Page 3 312 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 L. Eligibility for a special "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458-16-020 and 458-18-020, and as these may be hereafter amended. Eligibility for a special "senior/disabled" discount is also available to all Lummi Island residents that also qualify for medical assistance within the Medicaid Program. M. Multiride cards shall be valid until six (6 months after rates change. No Ocredit orrefund will be allowed. afteF Get ebe i sf may be . eeeiv d at the . eu. theuse tewards ..-.:ids N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. (Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward. An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. (Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064). Footnotes 'Prior legislation: Ord. 89-103. Page 4 313 A W N Cn O cn CD CD CCD CD CD CD v v v CD CD �. 0 0 " O O O OD i O y y � N •I M M a a CD CD fin ffl ffl V N A O O O O O o ffl �_ ffi O � V O O O i N i TO CTT31 � j j C Q a Q fan in 'a n n n a a a O O O ims��NK O O O a a a ffl ffl W i O O O o I�r a a o $ w W p W CA cn cn CD r ^Z C N CD 0 . a y CD 0 m 0 0 M H � O. o O C. y v �y C)M On C C CD C ¢, a CD : CA 1 0 7 fin fe O CT1 O O O O fg Q Q cn O G CD CD TI N N Cn cn O r. m N N O a 0 a CD a' y O C n n a � 0 0 0 A A A • o 0 0 W W I O cn A W N i O O O O O O N a) -Pk A W CL co cn N C rtl W CD `C CCDA i Q a CCA (AA cn CD N CD i CD 0 0 (D I 3 :3 7 O fQ c0 fQ f= f= CD CD CD D 0 C- Q. C CD m O O C O CD r. r. Q- I N' n W 0 i N CD N CD CA O CA O �> > I I i CD C N 1V =3 CA =, _► a OD CD OD a CD �• CL N y @ N I I ! ff3 fig ffl ffl ffl ffl i C1� O O CO W i O O O O O O O O O O O O {� ffi Efl Efl H9 ffi N i O O O CA r-n N O O O O O 0 N i i i N i CD Cil O O Xl rti O Q. 7 7 Q a =1 O' CL Q- -I p. .a. 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J J J J'} rF n O O O X o A o T o A � C C c 7 C � c � C v a) Q Q a a n c CL ° CL a cn M C CD 1mm --I1M.. � �. � 'O 'O 'O _0. N C7 N M. y Mm a N co ro 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O a a a a_ a a a a 7 7 7 _a 7 = _a = 7 3 _a 7 = 0) _ _ _ _ _ _ _w _ _ N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N b o 6 6 6 1 0 1 o J b J b 1 o 6 J W W w .-�, w w W W w w w w 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ro G a 0 M K m x 3 cr rF W N O O y C CD� C. CD cn =r C. c 3 CD m C. 3 CD m Pool b VQ CD IV O M N 315 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-466 CLEARANCES Initial Date Date Received in Council Office Agenda Assigned to: Date Originator dig 11/22/065 L �� ! 12/5/06 Introduction Division Head: = — 1/16/07 Public Hearin Dept. Head. - Prosecutor dig 11/22/06 j� `�'� @ WFIATC01RA 4C.+0U'N r l Purchasin Bud et: C0UINC1L Executive: -04 TITLE OFDOCUMENT: An Ordinance in the Matter of Approving a Change in Control of Guiness Communications, Inc. from Delta Cable Communications, Ltd. to Persona Communications Corp. ATTACHMENTS. Ordinance & Memorandum SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? (X) Yes { ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: January 16, 2007 at 7:00 p.m., in the County Council Chambers of the Whatcom County Courthouse 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) Pursuant to RCW 36.55.040 and Whatcom County Code 12.24.051, notice is hereby given of public hearing before the County Council on a proposed ordinance that, if adopted, would change control fo Guiness Communications, Inc., from Delta Cable Communications, Ltd., to Persona Communications Corp. The public hearing will be held during the County Council meeting scheduled for 7:00 p.m., January 16, 2007, in Council Chambers of the Whatcom County Courthouse, 311 Grand Avenue, Bellingham, Washington. Pursuant to RCW 36.55.050, the hearing may be adjourned from time to time by order of the County Council until action is taken by the Council upon the proposed ordinance. COMMITTEE ACTION. COUNCIL ACTION: 12/5/2006: Introduced 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/councA 316 WHATCOM COUNTY PUBLIC WORKS DEPT. Jeffrey M. Monsen, P.E. Director MEMORANDUM Administration Civic Center 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: 360.676.6692 or 800.676.6757 FAX: 360.738.4561 www.whatcomcounty.us RECEIVED TO: The Honorable Pete Kremen, Whatcom County Executive and NOV 2 2 2006 Honorable Members of the Whatcom County Council PETE KREMEN FROM: Daniel L. Gibson, Assistant Chief Civil Deputy Prosecuting Attorney COUNTY EXECUTIVE RE: Change in Franchise Ownership and Control Within Guiness Communications Inc. DATE: November 22, 2006 Enclosed Is a proposed Ordinance in the matter of approving a change in control of Guiness Communications, Inc. from Delta Cable Communications, Ltd. to Persona Communications Corp. ■ Requested Action Public Works respectfully requests the County Council to conduct a public hearing on January 16, 2007 for the proposed franchise agreement change between the County and Guiness Communications, Inc. The proposed franchise agreement change is recommended for approval following the completion of the public hearing process. ■ Background and Purpose Guiness Communications, Inc. is a long-time franchisee of Whatcom County. This change reflects a change in control of the corporation as a reflection of the sale of shares by Delta Cable Communications Ltd. in Guiness Communications Inc. during an anticipated sale of its assets. ■ Funding Amount and Source This proposed ordinance has no particular public cost attached to it. ■ Differences from Previous Franchise Ordinance The major difference between this proposed franchise modification and the prior franchise agreement is that the control of Guiness Communications will, upon completion of the sale of company stock, shift from Delta Cable to Persona. Please contact Daniel Gibson at extension #50703 if you have any questions or concerns regarding the terms of this agreement. Enclosure 317 SPONSORED BY: Consent PROPOSED BY: Executive/Public Works INTRODUCTION DATE: December 5, 2006 ORDINANCE NO. AN ORDINANCE IN THE MATTER OF APPROVING A CHANGE IN CONTROL OF GUINESS COMMUNICATIONS, INC. FROM DELTA CABLE COMMUNICATIONS, LTD. TO PERSONA COMMUNICATIONS CORP. WHEREAS, Guiness Communications, Inc. was granted a non-exclusive franchise dated October 27, 1992, under Ordinance 92-076; and WHEREAS, the franchise agreement in Section 17 addressed the need for consent in writing from the County Council prior to the sale, transfer, or assignment of any interest in the Franchise; WHEREAS, Guiness Communications, Inc., hereafter referred to as "Guiness", is a company owned by a single shareholder, Delta Cable Communications Ltd.; and WHEREAS, Delta Cable Communications Ltd., hereinafter referred to as "Delta", is intending to sell all of its shares in Guiness to Persona Communications Corp., hereinafter referred to as "Persona"; and WHEREAS, while the Franchise itself is not being sold, transferred, or assigned, the control of the company which holds the Franchise is being transferred from Delta to Persona; and WHEREAS, Delta has requested written consent from the Whatcom County Council to a change in control of Guiness from present ownership to Persona; and WHEREAS, Persona appears, from information provided, to be a corporate entity that has the ability to direct the performance of Guiness according to the terms of the franchise agreement upon assuming control of Guiness; NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County, Washington that this change in control of Guiness be approved contingent upon the final closing of the sale of stock from Delta to Persona. 318 ADOPTED this ATTEST: day of January, 2007. Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber, Council Chair O Approved O Denied Pete Kremen, County Executive Date: 319 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006-468 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: I f ,�Q 0 1215106 Introduction S. Tan Division Head: , f�� 1` 1116107 Public Hearing K. Christensen l�/ �� Dept. Head: s� J. Hansen prosecutor: D. Gibson Purchasing/Budget: B. Bennett Executive: A Kietnen TITLE OF DOCUMENT: Ordinance re-establishing Drayton Harbor and Portage Bay Shellfish Districts ATTACHMENTS: Memo re: Shellfish Protection District Ordinance; Draft Ordinance Amending Whatcom County Code 16.20, Whatcom County Shellfish Protection District SEPA review required? { ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X ) Yes { ) NO SEPA review completed? { ) Yes ( ) NO Requested Date: SU31M.4RYSTATEMENT OR LEGAL NOTICE LANGUAGE: (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.) The attached ordinance re-establishes the Drayton Harbor and Portage Bay Shellfish Districts with a new sunset date of December 31, 2008. Stormwater staff recommends the continuation of the shellfish districts and feels the work of these groups are vital in identifying and addressing pollution sources that are affecting nearshore marine environments. These districts are also essential if we wish to see these downgraded shellfish areas reclassified to approved status and continue to protect those shellfish areas that have been re -opened. COMMITTEE ACTION. COUNCIL ACTION: 12/5/2006: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 95-036, 98-069, 2000-028, 2002-069, 2004-061 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. Shellfish 6thOrdinance_Drayton Harbor Extend Sunset Date 320 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. IVIONSEN, P.E. Director MEMORANDUM TO: The Honorable Pete Kremen, County Executive The Honorable Members of the Whatcom County Council FROM: Kirk N. Christensen, PE, Stormwater Manager 06.- RE: Shellfish Protection District Ordinance DATE: November 30, 2006 STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whafcomcounty. us Enclosed for your review is a draft ordinance to reestablish the two shellfish protection districts in Whatcom County, Drayton Harbor and Portage Bay, both with a sunset date of December 31, 2008. Background and Purpose The current sunset date for the Drayton Harbor and Portage Bay Shellfish Protection Districts occurs on December 31, 2006. A public hearing will be held on January 16, 2007, to reestablish these districts with a new sunset date of December 31, 2008. It is necessary to continue the work of these districts as we still have not achieved enough improvements in water quality in Drayton Harbor to see a complete upgrade to the shellfish growing area and Portage Bay shellfish areas continue to be identified as "threatened". To help the Council in this process, following is a brief history of how and why the districts were created. The Revised Code of Washington requires the legislative authority of a county to create a shellfish protection district within 180 days of the State Department of Health closing or downgrading a shellfish growing area due to the degradation of water quality from ongoing non -point source pollution. The regulations also require that a shellfish protection program be developed to identify and address the causes of the pollution. The legislative authority is the governing body of the district, but can appoint a local advisory committee to advise them on issues related to the shellfish protection program. The shellfish program should contain elements that deal with non -point pollution that affects the shellfish growing areas, and "may include but not be limited to, requiring the elimination or decrease of contaminants from stormwater runoff, establishing monitoring, inspection, and repair elements to ensure that on -site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are consistent with best management practices, Shellfish 6thOrdinance_Drayton Harbor Extend Sunset Date 321 and establishing educational and public involvement programs to inform citizens on the causes of the threatening non -point pollution and what they can do to decrease the amount of such pollution." The Whatcom County Council created a shellfish protection district for Drayton Harbor in July 1995 and for Portage Bay in March 1998, due to closures and downgrades in these areas due to pollution. Advisory committees were formed for both districts to assist the Council, by helping to identify and address the various pollution sources that could be affecting the shellfish growing areas. Initial closure response strategies were developed for both districts, identifying potential pollution sources in the two districts. The advisory committees use these documents to help address these areas of concern and to help track progress being made in reducing or eliminating the various pollution sources. Significant work has been done in both districts to address the various pollution sources. A few examples include: • On -site septic surveys and increased education on maintenance • Repairs and upgrades to municipal sewer systems • Nutrient management plans for dairy farms • Work with marinas to reduce human impacts to water quality • Educational efforts, such as this year's "Tideflat Tours" in Drayton Harbor, to improve community awareness • Reduction of contributions from pet waste • Sub -basin community projects that address local water quality problems We have seen some improvements in water quality in both the marine and freshwater systems, to the extent where partial upgrades have occurred in both shellfish districts. Community members are excited to continue efforts to maintain and expand the reopening, and we are seeing additional partnerships underway to try and address pollution concerns. Public Works staff recommends the re-establishment of the two shellfish protection districts. The work of these groups is vital to identifying and addressing pollution sources that are affecting our nearshore marine environments and is essential if we wish to see these shellfish areas be reclassified to an approved status and continue to remain open to shellfish harvest. If you have any questions or concerns regarding the ordinance for re-establishing shellfish protection districts, please contact Scarlet Tang at extension 50638. Encl. Shellfish 6thOrdinance_Drayton Harbor Extend Sunset Date 322 I Sixth Drayton Harbor/ Portage Bay Shellfish Ord. 2007 SPONSORED BY: Consent 2 PROPOSED BY: Public Works 3 INTRODUCED: 12/5/06 4 5 6 ORDINANCE NO. 2007- 7 8 READOPTING AND AMENDING WHATCOM COUNTY CODE 16.20 9 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT 10 1 t WHEREAS, on July 18, 1995, the Whatcom County Council adopted 12 Ordinance 95-036, creating the Drayton Harbor Shellfish Protection District, with a 13 sunset date of December 31, 1998; and 14 WHEREAS, on March 24, 1998, the Council adopted Ordinance 98-069, approving 15 an updated version of the Recovery Plan and setting a revised sunset date for the 16 Shellfish Protection District of December 31, 2000; and 17 WHEREAS, on June 27, 2000, the Whatcom County Council adopted 18 Ordinance 2000-028, creating a revised sunset date for the Drayton Harbor and Portage 19 Bay Shellfish Protection Districts of December 31, 2002; and 20 WHEREAS, on November 26, 2002, the Whatcom County Council adopted 21 Ordinance 2002-069, creating a revised sunset date for the Drayton Harbor and Portage 22 Bay Shellfish Protection Districts of December 31, 2004; and 23 WHEREAS, on November 11, 2004, the Whatcom County Council adopted 24 Ordinance 2004-061, creating a revised sunset date for the Drayton Harbor and Portage 25 Bay Shellfish Protection Districts of December 31, 2006; and 26 WHEREAS, numerous efforts have occurred in both the Drayton Harbor and 27 Portage Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the 28 shellfish beds, through improved partnerships, cooperative efforts and increased 29 community involvement; and 30 WHEREAS, on October 27, 2003, the Washington State Department of Health 31 reopened approximately 625 acres of Portage Bay shellfish beds, bringing the total area 32 of Portage Bay open for shellfish harvesting to 1,210 acres, and leaving 110 acres in the 33 "restricted" classification; and 34 WHEREAS, on May 4, 2004, the Washington State Department of Health 35 conditionally approved shellfish harvest for approximately 525 acres of Drayton Harbor 36 and left 1975 acres closed to shellfish harvest; and C \Documents and Setdngs\Admin1strator\Loca1 Settings\Temp\XP1GTWIse\6th DH Shellfish Drdinance.doc h 3 37 WHEREAS, on May 26, 2006, the Washington State Department of Health 38 upgraded approximately 110 acres of the shellfish growing area in Portage Bay from 39 "restricted" to "approved" classification; and 40 WHEREAS, work needs to continue to ensure that approved shellfish harvest 41 areas maintain open status, and remaining closed areas are reopened, and 42 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 43 Drayton Harbor Shellfish Protection District and the Portage Bay Shellfish Protection 44 District shall be reestablished immediately, with a sunset date of December 31, 2008, 45 all as indicated in Exhibit A to this Ordinance. 31 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 ADOPTED this day of , 2007. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Clerk of the Council APPROVED AS TO FORM: Senior Civil Deputy Prosecuting Attorney Laurie Caskey-Schreiber, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive C:kDocuments and Settings\Mm1n1stratorXLoca1 Settings\Temp\XPGrpMse�6th DH Shellfish Ordlnance.doc h4 62 EXHIBIT A .1 64 Chapter 16.20 65 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS 66 67 Sections: 68 16.20.010 Establishment and authority of district. 69 16.20.015 Purpose. 70 16.20.016 Establishment of program. 71 16.20.020 District boundaries. 72 16.20.040 Revenue authority. 73 16.20.045 Collection of charges or rates and exemptions. 74 16.20.050 Sunset date and dissolution of district. 75 16.20.060 Relationship with other entities. 76 16.20.065 Advisory groups. 77 16.20.090 Severability. 78 79 16.20.010 Establishment and authority of district. 80 There is hereby established the Drayton Harbor and Portage Bay shellfish protection districts 81 under the authority of Chapter 90.72 RCW, Shellfish Protection Districts. (Ord. 98-019 Att. C; 82 Ord.95-036). 83 84 16.20.015 Purpose. 85 The purpose of these districts is to provide services to citizens experiencing nonpoint pollution 86 of surface water drainages and coastal waters and to implement those portions of the Drayton 87 Harbor and Portage Bay closure response strategies necessary to allow removal of the Drayton 88 Harbor and Portage Bay downgrades. (Ord. 98-019 Att. C; Ord. 95-036). 89 90 16.20.016 Establishment of program. 91 The Portage Bay Initial Closure Response Strategy dated February 10, 1998, is hereby adopted 92 as the Portage Bay shellfish protection program. (Ord. 98-019 Att. Q. 93 94 16.20.020 District boundaries. 95 The Drayton Harbor shellfish protection district shall be the approximate area included in the 96 Drayton Harbor Watershed and contained within the boundaries that are declared as follows: 97 98 Commencing on the forty-ninth parallel at the point dividing the American and 99 Canadian territory in the Gulf of Georgia; thence easterly along said international 100 boundary line to the intersection of Markworth Road; thence southerly along the 101 centerline of Markworth Road to the intersection of Badger Road; thence easterly 102 along the centerline of Badger Road to the intersection of Glendale Road; thence 103 southerly along the centerline of Glendale Road to the intersection of Loomis Trail 104 Road; thence westerly along the centerline of Loomis Trail Road to the intersection 105 of Bob Hall Road; thence southerly along the centerline of Bob Hall Road to the 106 intersection of Birch Bay Lynden Road; thence westerly along the centerline of Birch 107 Bay Lynden Road to the intersection of Woodland Road; thence southerly along the 108 centerline of Woodland Road to the intersection of Harksell Road; thence easterly C kDocuments and SetdngsWdmfnlstratorXLocal Settings\Temp\XPGrpMse\6th DH Shellfish Ordinance.doc h 5 109 along the centerline of Harksell Road to the intersection of Enterprise Road; thence 110 southerly along the centerline of Enterprise Road to the intersection of Aldergrove 111 Road; thence westerly along the centerline of Aldergrove Road to the intersection of 112 Olson Road; thence northerly along the centerline of Olson Road to the intersection 113 of Grandview Road; thence westerly along the centerline of Grandview Road to the 114 intersection of Valley View Road; thence northerly along the centerline of Valley View 115 Road to the intersection of Bay Road; thence westerly along the centerline of Bay 116 Road to the intersection of Kickerville Road; thence northerly along the centerline of 117 Kickerville Road to the intersection of Birch Bay Lynden Road; thence westerly along 118 the centerline of Birch Bay Lynden Road to the intersection of Blaine Road; thence 119 northerly along the centerline of Blaine Road to the intersection of Lincoln Road; 120 then westerly along the centerline of Lincoln Road to where it becomes Semiahmoo 121 Parkway; thence following the centerline of Semiahmoo Parkway to the intersection 122 of Drayton Harbor Road; thence following a line running off -shore to the point of 123 origin in the Gulf of Georgia, plotted in such a manner as to follow existing 124 boundaries of land parcels. 125 126 The Portage Bay shellfish protection district shall be the approximate area included in the 127 Nooksack Watershed and contained within the boundaries that are declared as follows: 128 129 Commencing on the forty-ninth parallel at the intersection of Markworth Road; 130 thence easterly along said international boundary line to the easterly section line of 131 Township 41 North, Range 3 East, Section 35; thence southerly along said section 132 line to the intersection of Halverstick Road; thence westerly along the centerline of 133 Halverstick Road to the easterly section line of Township 40 North, Range 3 East, 134 Section 3; thence southerly along said section line to the northerly line of Township 135 40 North, Range 3 East, Section 11; thence easterly along said section line to the 136 easterly section line of Township 40 North, Range 3 East, Section 11; thence 137 southerly along said section line to the intersection of East Badger Road; thence 138 easterly along the centerline of East Badger Road to the intersection of Trap Line 139 Road; thence southerly along the centerline of Trap Line Road to the intersection 140 with the City Limits of Everson; thence proceeding easterly along the City Limits of 141 Everson to the intersection with the City Limits of Nooksack; thence proceeding 142 along the City Limits of Nooksack to the easterly section line of Township 40 North, 143 Range 4 East, Section 31; thence southerly along said section line to the northerly 144 section line of Township 39 North, Range 4 East, Section 5; thence easterly along 145 said section line to the intersection with Nooksack Road; thence southerly along the 146 centerline of Nooksack Road to the intersection with Hopewell Road; thence easterly 147 along the centerline of Hopewell Road to the intersection with Lawrence Road; 148 thence southerly along the centerline of Lawrence Road to the northerly section line 149 of Township 39 North, Range 4 East, Section 21; thence easterly along said section 150 line to the westerly section line of Township 39 North, Range 4 East, Section 13; 151 thence northerly along said section line to the northerly section line of Township 39 152 North, Range 4 East, Section 1; thence easterly along said section line to the 153 westerly section line of Township 40 North, Range 5 East, Section 31; thence 154 northerly along said section line to the northerly section line of Township 40 North, 155 Range 5 East, Section 31; thence easterly along said section to the westerly line of 156 Township 40 North, Range 5 East, Section 28; thence northerly along said section C;kDacuments and Settings�Adminlstrator\Locat SetUngs\TernPVPGrPMse\6th DH SheIIWsh Ordinance.doc 3426 157 line to the northerly line of Township 40 North, Range 5 East, Section 4; thence 158 easterly along said section line to the westerly section line of Township 41 North, 159 Range 5 East, Section 34; thence northerly along said section to the 49th parallel; 160 thence easterly along the 49th parallel to the easterly section line of Township 41 161 North, Range 5 East, Section 36; thence southerly along said section line to the 162 northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly 163 along said section line to the easterly section line of Township 40 North, Range 6 164 East, Section 5; thence southerly along said section to the northerly section line of 165 Township 40 North, Range 6 East, Section 9; thence easterly along said section line 166 to the National Forest Boundary; thence proceeding southerly along said National 167 Forest Boundary to the boundary between Whatcom County and Skagit County; 168 thence westerly along said County boundary to the westerly section line of Township 169 37 North, Range 5 East, Section 34; thence northerly along said section line to the 170 southerly section line of Township 37 North, Range 5 East, Section 21; thence 171 westerly along said section line to the westerly section line of Township 37 North, 172 Range 5 East, Section 21; thence northerly along said section line to the southerly 173 section line of Township 37 North, Range 5 East, Section 17; thence westerly along 174 said section line to the westerly section line of Township 37 North, Range 4 East, 175 Section 13; thence northerly along said section line to the southerly section line of 176 Township 37 North, Range 4 East, Section 11; thence westerly along said section 177 line to the westerly section line of Township 37 North, Range 4 East, Section 11; 178 thence northerly along said section line to the southerly section line of Township 38 179 North, Range 4 East, Section 15; thence westerly along said section line to the 180 westerly section line of Township North, Range 4 East, Section 17; thence northerly 181 along said section line to the southerly section line of Township 38 North, Range 4 182 East, Section 7; thence westerly along said section line to the westerly section line of 183 Township 38 North, Range 4 East, Section 7; thence northerly along said section line 184 to the intersection of East Smith Road; thence westerly along the centerline of East 185 Smith Road to the easterly section line of Township 39 North, Range 3 East, Section I86 31; thence southerly along said section line to the intersection of Kelly Road; thence 187 westerly along the centerline of Kelly Road to the intersection of Guide Meridian; 188 thence southerly along the centerline of Guide Meridian to the southerly section line 189 of Township 38 North, Range 2 East, Section 1; thence westerly along said section 190 line to the easterly section line of Township 38 North, Range 2 East, Section 11; 191 thence southerly along said section to the southerly line of Township 38 North, 192 Range 2 East, Section 11; thence westerly along said section to the easterly 193 sectionline of Township 38 North, Range 2 East, Section 16; thence southerly along 194 said section line to the intersection with Bellingham Bay; thence recommencing at 195 the westerly section line of Township 38 North, Range 2 East, Section 20 in the 196 Nooksack Delta; thence northerly along said section line to the northerly section line 197 of Township 38 North, Range 2 East, Section 17; thence easterly along said section 198 line to the centerline of the Nooksack River; thence following the centerline of the 199 Nooksack River to the intersection with the City Limits of Ferndale; thence westerly, 200 proceeding along the City Limits of Ferndale to the intersection with Mt. View Road; 201 thence westerly along the centerline of Mt. View Road to the intersection with the 202 City Limits of Ferndale; thence northerly, proceeding along the City Limits of 203 Ferndale to the intersection with Church Road; thence northerly along the centerline 204 of Church Road to the intersection of Aldergrove Road; thence easterly along the C:XDocuments and Settlngs�Adm1nlstralorXLom1 Setdngs\TempVPGrpWise\6th DH SheAfish Ordlnance.doc 127 205 centerline of Aldergrove Road to the intersection of Enterprise Road; thence 206 northerly along the centerline of Enterprise Road to the intersection of Harksell 207 Road; thence westerly along the centerline of Harksell Road to the intersection of 208 Woodland Road; thence northerly along the centerline of Woodland Road to the 209 intersection of Birch Bay-Lynden Road; thence easterly along the centerline of Birch 210 Bay-Lynden Road to the intersection of Bob Hall Road; thence northerly along the 211 centerline of Bob Hall Road to the intersection of Loomis Trail Road; thence easterly 212 along the centerline of Loomis Trail Road to the intersection of Glendale Road; 213 thence northerly along the centerline of Glendale Road to the intersection of West 214 Badger Road; thence westerly along the centerline of West Badger Road to the 215 intersection of Markworth Road; thence northerly along the centerline of Markworth 216 Road to the forty-ninth parallel, POB. 217 218 (Ord. 98-019 Att. C; Ord. 95-036). 219 220 16.20.040 Revenue authority. 221 The revenue authorities granted under Chapter 90.72 RCW shall be exercised at the discretion 222 of the board of supervisors, which shall be the county council for the operation of these 223 districts. (Ord. 98-019 Att. C; Ord. 95-036). 224 225 16.20.045 Collection of charges or rates and exemptions. 226 Property owners within these shellfish protection districts may be assessed charges or rates as 227 allowed by Chapter 90.72 RCW to finance the shellfish protection programs. The owner of any 228 property within a shellfish protection district which is exempt from charges or rates because 229 such property is subject to the National Pollution Discharge Elimination System as specified in 230 RCW 90.72.070 shall demonstrate such exemption annually to the county assessor. If evidence 231 of exemption is not provided, the property will automatically convert from exempt status and 232 the property will be subject to charges or rates. Land exempt from charges and rates as 233 specified in RCW 90.72.070 because of its forest land classification will automatically convert 234 from exempt status if the land classification changes and will be subject to charges or rates. 235 (Ord. 98-019 Att. Q. 236 237 16.20.050 Sunset date and dissolution of district. 238 The Drayton Harbor shellfish protection district shall be dissolved on—Deeem eF31, 2006 239 December 31, 2008, unless specifically extended by ordinance of the county legislative 240 authority, or upon the removal of the downgrade. The Portage Bay shellfish protection district 241 shall be dissolved and this chapter repealed on-DeeembeF31, 2 December 31, 2008, unless 242 specifically extended by ordinance of the county legislative authority, or upon the removal of 243 the downgrade. These districts may also be dissolved by the county legislative authority by 244 ordinance. The county legislative authority shall review the continued need for these districts 245 four months prior to their sunset dates. (Ord. 98-069; Ord. 98-019 Att. C; Ord. 95-036). 246 247 16.20.060 Relationship with other entities. 248 No program or activity proposed by the district shall replace or consolidate existing activities 249 performed by cities or other non -county provided water -related special purpose districts without 250 their consent. In formulating new programs, consultation and coordination shall occur with 251 cities and other water -related special districts. (Ord. 98-019 Att. C; Ord. 95-036). 252 C:�Davments and Setdngs�Adm1n1stratar\Loca1 Setdngs\7empVPGrpWIse\6th DH ShellAsh ordlnance.dvc h p 253 16.20.065 Advisory groups. 254 The board of supervisors shall appoint advisory committees of not more than eleven members 255 to advise on the overall operations of these districts. Two of the eleven members will represent 256 tribal interests of the Nooksack Tribe and Lummi Nation. In establishing district advisory 257 committees, all members shall have a direct interest in the district. (Ord. 98-019 Att. C; Ord. 258 95-036). 259 260 16.20.090 Severability. 261 If any provision of this chapter is found to be invalid, all remaining provisions shall continue in 262 effect. (Ord. 98-019 Att. C; Ord. 95-036). CADocuments and Settings�Adminlstrator\Wcal Settings�Temp\XKrpWlse�6th DH Shellfish Ordinance.doc h WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 — 435 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 12/5/2006 12/5/2006 Introduction Division Head: 1 16 2007 Public Heari , Dept. Head; Prosecutor: Purchasin /Bud e1; Executive: TITLE OF DOCUMENT: Resolution Adopting a Recommendation for Open 5pacerrimber, Nielson Bros. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO Requested Date: 1/16/2007 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 required public notice. Be specific and cite RCW or WCCas appropriate. Be clear in explaining the intent of the action.) A Resolution Adopting a Recommendation for Open 5pacelTimber, Nielson Bros. COMMITTEE ACTION.• COUNCIL ACTION: 12/5/2006: 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.wa.us/council, 330 OS 2006-1 Additional Res. Page 1 RESOLUTION NO. INTRODUCED BY. PROPOSED BY Planning/Dev. Services DATE: 12/5/2006 A RESOLUTION ADOPTING A RECOMMENDATION FOR OPEN SPACEITIMBER WHEREAS, The Planning Commission received one (1) application for OS/Timber with a Management Plan for review and recommendation pursuant to RCW 84.34; and WHEREAS, pursuant to WAC Section 197-11-800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from threshold determination and environmental impact statement requirements of the State Environmental Policy Act, and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Saturday, July 1, 2006, and a copy of said notice was sent in a timely manner to the applicant; and WHEREAS, on Thursday, July 13, 2006, the Planning Commission opened the public hearing on the application and received testimony from the Planning Division staff regarding the proposed Open Space Timber application; and WHEREAS, Open Space Timber is evaluated upon conformance with RCW 84.34.041; and WHEREAS, the Planning Commission recommended denial of the Open Space/Timber application for a transfer from Designated Forestryto Open Space Timber for: Nielsen Bros.; and WHEREAS, the Planning Commission forwarded its recommendation to the Whatcom County Council; and WHEREAS, County Council held a public meeting on January 16, 2007, to consider the Planning Commission's recommendations; and WHEREAS, County Council recommended approval to the OST application from Nielsen Bros. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. The Whatcom County Council recommends approval of the Open Space Timber application. 331 OS 2006-1 Additional Res. Page 2 2. The Whatcom County Council directs the Assessor to place the parcel in the appropriate Open Space status category. 3. Adjudication of invalidity of any of the sections, clauses or provisions of this Resolution shall not affect or impair the validity of the Resolution as a whole or any part thereof other than the part so declared to be invalid. PASSED this 16 day of January, 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST:- Laurie Caskey Schreiber, Chairperson ( ) APPROVED ( ) VETOED Dana Brown -Davis Clerk of the Council Pete Kremen, County Executive Approved as to form: Date: R:byG Civil Deputy Prosecutor 332 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2006-440B CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: I/I ti/2007 Originator.- counnil Division Head. - J A iY 9- 2GO7 Dept Head: Prosecutor: rr g -! Purchasin Bud el: 1616 ) TITLE OF DOCUMENT: AN EMERGENCY ORDINANCE A UTHORIZING THE EXTENSION OF THE 2006 UNIFIED FEE SCHEDULE FOR 60 DAYS OR UNTIL ADOPTION OF THE 2007 UNIFIED FEE SCHEDULE ATTACHMENTS: Ordinance 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.) Emergency Ordinance for the 2006 Unified Fee Schedule to remain in effect for 60 days or until the 2007 Unified Fee Schedule is adopted, whichever comes first. 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. 333 INTRODUCED BY: Consent PROPOSED BY: County Executive DATE: January 16, 2007 ORDINANCE NO. AN EMERGENCY ORDINANCE AUTHORIZING THE EXTENSION OF THE 2006 UNIFIED FEE SCHEDULE FOR 60 DAYS OR UNTIL ADOPTION OF THE 2007 UNIFIED FEE SCHEDULE WHEREAS, on December S, 2006 the Whatcom County Council adopted an Emergency Ordinance authorizing the extension of the 2006 Unified Fee Schedule for 60 days or until adoption of the 2007 Unified Fee Schedule; and WHEREAS, the adoption of the 2007 Unified Fee Schedule has been delayed to allow time for additional review and discussion; and WHEREAS, the Emergency Ordinance will expire before the adoption of the 2007 Unified Fee Schedule will take place; and WHEREAS, Section 2.40 of the Whatcom County Charter allows for the adoption of an Emergency Ordinance when necessary for the support of county government; and WHEREAS, it is imperative for the continued financial support of county government to have a fee schedule in effect, NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Whatcom County Council that the 2006 Unified Fee Schedule will remain in effect for 60 days or until the 2007 Unified Fee Schedule is adopted, whichever comes first. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPR VED AS TO FORM: ivil Deputy Prosecutor 2007. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey-Schreiber, Council Chair ( ) APPROVED () NOT APPROVED Pete Kremen, Executive Date: 334 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-051 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: stir 12119106 January 16, 2007 Council Originator: � Division Head-�� E� J `—� JR N O — 2007 Dept. Head: Prosecutor OM Purchasin /Bud et: p/ J' G /^7-07 Executive: TITLE OF DOCUMENT. • Reappointment to the Whatcom County Parks & Recreation Commission ATTACHMENTS. Application for reappointment from Gordon Rogers 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 confirmation of his reappointment of Gordon Rogers to serve on the Parks and Recreation Commission. COMMITTEE ACTION. COUNCILACTION. Related County Contract #: Related File Nuinbers: 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.waus/counciL 335 12/05/2006 TUE 10:17 FAX 360 738 8232 160011001 PETE KREMEN C011NCILMEMBERS; County Executive <oM eon Barbara E. Bremner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: t Which position on this board are you applying for (if applicable)? b Which Council district do you reside in? { } One Vwo ( )Three Are you a US citizen? (k<yes ( } no Are you a registered voter? ("-yes { } no Name: street Address - Mailing Address (if different from street address): Date: k ad L 10.(0— Day Telephone: CO I Uf' LOT L±I Evening Telephone: Fax Number: 'W3`-- E-mail address: "V- Occupation (If retired, please Indicat former occupation): e e Professional/Community Activities: Education: Qualificatic 1! A _ Ala - ��. _.�� �� i. d i Describe why you are interested In serving on this board or commission: mcni %3 Uy�� JQ O a— 2!e r& d4 a IL'1 1 6 6 �5,��— r D our spouse have a Tfinancial interest in or ar�,�yo an employee or rcer of any business or g�,please does busine s i h W tcorn Cau y? ( ye T explain: Q.4 n S References (please include name and daytime telephone number): ..71 6 Z % - Rio 7 L-7 - OjW L ! [ IAILaAOX lle� 6rO-A, W`L f f W . ( 71-1 'Z'7 Ca Signature of applica As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. i 336 HIM TCOM COUNTY COUNCIL AGENDA BILL No. 2007-052 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: sM 12120106 111612007 Council Originator- n p p�� L �; T— 0 E; E Division Head. - 26697 ti r r, "c a Dept. Head: Proseculor. Purchasin /Bud et: + Executive: TITLE OF DOCUMENT: Rural Library Board reappointment ATTACHMENTS. Application for appointment 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.) County Executive Pete Kremen requests confirmation of his reappointment of Janet Boyhan to the Whatcom County Rural Library Board. COMMITTEE A CTION.• COUNCIL A CTION: Related County Contract A Related File Numbers: Ordinance or Resolution Number. - Please Note: Once adopted and signed, ordinances and resolutions are available far viewing andprinting on the Coun 's website at: www.co.Whatcom.wa.us/counciL 337 PETE KREMEN nm pkoarbara NCILMEMBERS: County Executive Q a ��o ' E. Brenner 3=' y� une CaskeySchreiber Sam Crawford 0 C T 2 - 2006 Seth M. Fleetwood Dan McShane Nelson °S+xlNGS�� PETE KPEMEN ` Sh ron Roy COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS V'wR/st.' Lti�5RX R" ` 'x5A'iz� !Name of board or committee -please see reverse: Was wwttw (MAKtu���v Which position on this board are you applying for (if applicable)? L Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? DQ yes ( ) no Are you a registered voter? (A) yes (} no Name: �} �� L?� f�CS-1 Date: Street Address: SS --rri-A PCyN R_io City: �vkaZS�� W it,, Zip Code:7 Mailing Address (if different from street address): Day Telephone: -C o (P - 3M Evening Telephone: q to (a OI9 Fax Number: E-mail address: Occupation (If retired, please indicate former occupation):by�i�li�5� Professional/Community Activities: _2.USTi539 WGL's WUSLSt'W C-1 LW f_c�o Cov-n mu,n ut.- CL�-1 a G�� / ?vim �C . N c U tun ta2.i/, c� CtS�Aa Education: t7 L s �. �Qualifications related to osition: F Z--,��o n n e, ck)n d '51, +na_.in C,9- Describe why you are interested in serving on this board or commission: Des ' �a Y'Ve-renr&oUsWork 0'ec)ntV6Q iVA Do you or youd spouse have a fi racial interest in or are you an a ployee or officer of any bu mess or r f} agency that does business with Whatcom County? ( } yes no -� If yes, please explain: References (please include name and daytime telephone number): pXN Amowl,ln3C-S DIaer—To dq ��l�o� 201 rvu Pcc_K iwc�.S�2t � GSA i Tz731557J 12IS4+ INv��r��S�Z�. Signature of applicant: 523? As a candidate to a public 0ov,4rd or commissiotCtWabove information will be available to the Courki Council, County Executive, and the public. 338 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-053 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: sM 12a9/06 111612007 Council Originator. Division Head: p. Af — , � r1 Eti S 2e07 _ . rr 0 gg Dept. Head: Prosecutor: Purchasin /Bud el: i �7 Executive: ` TITLE OF DOCUMENT: Appointment to the American's With Disabilities Act (ADA) Compliance Committee ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( } NO SEPA review completed? ( ) 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.) County Executive Pete Kremen requests confirmation of his appointment of Robert L. Brower, Sr. to serve on the American's With Disabilities Act (ADA) Compliance Committee. COMMITTEE A CTION.• COUNCIL A CTION.• 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.waus1council. 339 PETE KREMEN County Executive RECEIVED DEC 2 7 Z006 PETE KREMEN COUNTY EXECUTIVE COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer APPILICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: I, D A C 0Mj0 'VWCe Caimii YVIF!r, Which position on this board are you applying for (if applicable)? D1t'S0,6nj ft_?EW4t Which Council district do you reside in? 0,� One Are you a US citizen? i yes { ) no ( ) Two ( ) Three Are you a registered voter? 0< yes ( ) no Name: Kv,6_x L,..L. BrOL~ S*r- _ Date: ZZ Dec - Street Address: 2Z;;5i Vo10nCiA 'Pf, 0-102- City: ap-1IivL!!�KO VK I uj-A. Zip Code: '?0ZZ9 Mailing Address (if different from street address): 514rnE Day Telephone:(ZS3 ) g qz _ QBgq Evening Telephone: Fax Number: Occu ation (If retired, please E-mail address: &641 i XvtdLft+rle�6 _ Ca"' indicate former occupation):r&Qrcj 1 IXF100m, ket Ybt 4- Professional/Community Activities: Education:141420$APPI I 1Z (646:p Qualifications related to position: AW&.4- ee Describe why you are interested in serving on this board or commission: 1, hVP A�►raaa� V-1A V%1 Lnm druf 2 se_e h.*.,, ti4hevc Avc c 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? ( ) yes 06 no If yes, please explain: References (please include name and daytime telephone number): e%4 Y"t& ' a:r. (job �Z�v�ZgoS Signature of applicant d� „rO A.AIc,ren-- As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 340 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-054 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to. Originator: sM 12129106 r'� E, L�.VL::,rr, J n N 9 2 0 0 a I/I612007 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: �% TITLE OF DOCUMENT. Appointment to the Whatcom 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 requiredpublic notice. Be specific and cite RCW or WCCas appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of Rud Browne to serve on the Whatcom County 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.waus/counciL 341 PETE KREMEN o COUNCILMEMBERS: County Executive aBarbara E. Brenner R E C E I V ELaurie Caslcey-Schreiber Sam Crawford Seth M. Fleetwood °' DEC 1 9 2006 Dan McShane iN L. Ward Nelson PETE KREMEN Carl Weimer COUNTY EXECUTIVE IVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: ��� I C , (Z Wr14! 5 SIO Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (v� One ( ) Two ( ) Three Are you a US citizen? (yes ( ) no Are you a registered voter? ( yes ( ) no Name: f�Uo Date: 6 Street Address: S!2Ig PINIzS D City: 11�LLl /L4ff�w W Zip Code: Mailing Address (if different from street address): _ Day Telephone: 36U -7/4-00v x 162-r Evening Telephone: 3 6f- 7 3 Fax Number: 3%U - 5��+ -CIS C1� E-mail address: i�iJD ° 1312o1 /L/a � iLyz�x -- Lvwf I Occupation (If retired, please indicate former occupation): _ Professional/Community Activities: Ni T ,114AAM 4-A) WO (W + L- C IMPIT61 ) PM 909D M rw113d (L : 80((y-11' %Mr2,12 SNfil) 6DVI s AVf +,W I M' L Pr0Ufi(-i s Education: Qualifications related to position: OWN/niG # 3Sy PNZ60A) MULT) Ali}T (014L 6WNfA"% iL x *6,S M (z -70 Mf 01 11YM lL12' x 155 *,S, faSD PST vn F7-1*6S Er� Uff (116 VOA - '"12TIal or- yt"vc P2aySf�r2t iyyV Describe why you are interested in serving on this board or commission: 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? ( ) yes ( ) no If yes, please explain: IVOT SUizP, . &JT ON I W7-6R (zST ] F 17- OW'-S G X JS7- WDV-o 132i- o r fi M 1 NO -A- 1V47UY.1-7- References (please include name and daytime telephone number): KftTff7 vIARVW 73`f -27IS- MVV1v A1N6- '73_ br6 x ram, at.vc6- 98rxl-- �02- -7gq-215 Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 342 RIM TCOM COUNTY COUNCIL AGENDA BILL NO. 2007-055 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 1102107 111612007 Council Originator: FM) Division Head: j A sN 0 — 2007 Dept Head: Prosecutor: Purchasin /Bud et: i( i r ,?'T : i 11L���v�siL Executive: 1 !' TITLE OF DOCUMENT: Appointment to the Northwest Senior Services Board ATTACHMENTS. Letter from Northwest Regional Council Executive Director regarding appointment; Application for Appointment SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( } Yes ( } NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT 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.) County Executive Pete Kremen requests confirmation of his appointment of Ron Adams to the Northwest Senior Services Board. 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.uslcounciL 343 RECEIVED DEC 2 2 Z006 PETE KREMEN COUNTY EXECUTIVE NORTHWEST REGIONAL COUNCIL To: Pete Kremen, Whatcom County Executi 5ti From: Victoria Doerper, Executive Director Re: Recommendations for Whatcom County Northwest Senior Services Board (NWSSB) Position Date: December 21, 2006 9C Background Currently, Whatcom County has two vacant slots on the Northwest Senior Services Board (NWSSB) and we are eager to fill these openings. Recommendations We received an application from Ron Adams to serve on the NWSSB. As you may recall, Ron previously served on our advisory board beginning in 1993 through 2002. During his tenure, Ron provided exemplary service to the board. Currently he is the Seniors Program Coordinator with Lummi Nation. If appointed, his term will run through June 30, 2009. Attached is a copy of Ron's application. If I can provide you any additional information, please do not hesitate to contact me. We are still seeking interested and qualified applicants for the remaining vacant position. Thank you for your attention to this Board appointment process issue. Enclosure An Association of County Governments Serving the People of Island, San Juan, Skagit and Whatcom Counties 600 Lakeway Drive • Bellingham, Washington 98225 • (360) 676-6749 V/TDD • FAX (360) 738-2451 344 Q:INWSSB\Appoint, Reappoint, ResignMhatcorn=06 l_tr to Whalcorn Co re Ron Adams.doc Please return to: Northwest. Regional, Council 600 Lakeway Drive Bellingham -,.WA 98225'. FAX:- 860-738-2451. The information you submit in this application will remainconfidential. if you need: more space for. your answers, please.feel free to write on the backs of pages o;� use additional sheets,if necessary: Though not required-, youare.aiso welcome to otto 11 any statements,:r6aterials, or''information flat may bettter indicate your illtereSt or qualifications for serving on the NWSSB., . Please feel free to make: copies of.this application if'you Knowsom,+eone: else who is, int'}ere-sted.-in applying. Name.. Mailing Address. Ci Zip County: Gam- Phone: W • 7,S-"ff. ?�•. Od Fax: E-mail (if applicable): r^ 0,144, If your home address is different than your mailing address, please list it here: Questionnaire Please Iist educational background and employment experience for most. recent. five years o�f�work. ` 1 NWSSB MEIVIBERSHIP APPLICATION, continued 2 Ple.ase.,Iist your membership in organizations, boards of directors, advisory councils, or c6mmis"sibris. Give special attention to affiliations with programs servihgethnic minorities age 55 and -older and/or thcy . se people ople with functional disabilities over .9 serving p the ago' of, 18. Please list any concerns you have about services to -older p0op!6, rhipoeiti d .. '. . 1. _. . . 11. :.7 .. . I . ­ I ". .­ 'with.disabiliti 18,.years, and older. Discuss how r p tid 000 le you ar Apation p on the NWS513 might i mpact'these concprns. k J, C UK JSA SZ rU'-AJ k NWS,SB MEMBERSHIP APPLICATION:, continued 3 Please indicate,.your willingness tornake the time commitment . 'to -aft. end and participat e in board.mOeAings, read matedalsa, sta Jnformed-aboutthe needs of oldef people and peopl'e'with.disabilities,'and help the -board to develop programs to: M'eetthd`so needs.." Thb. estimated monthly time commitment is 8-12 hours- including atLhOme, p'reparafion. time. Meetin'as, are held on the.thirdof most months, -witK.ekc&bfiohs during - the summer and holidays, and are usually1ocated in AnacoFtes, Bellingha mi dr Camano Island. // eu Please list the names and phone. number's of three -references: L' r4- L) j+6 K f/4- t-0 I e Feel free to make any additional comments on the reverse or on a separate sheet of paper. ys.: 0 L d WNWSMAdministrative -'Fdans, Wflngtlsts, EWNForms -For new boardrriernoqq%ft n orrh plic.Mio.. 'F idoc'Revis-0 6 4104 WHATCOM CO LINTY COUNCIL AGENDA BILL NO. 2007-ash CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: SM 113107 111612007 Council Originator: � i� r3 i_� G�1'E��1V[EZ.1 Division Head: J A N 9 — 2007 t,5 rrII Dept. Head: Prosecutor: Purchasin lBud el: �� O Executive: TITLE OFDO NT.• Appointment to the Civil Service Commission ATTACHMENTS: Application for Appointment 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.) County Executive Pete Kremen requests the confirmation of his appointment of Francine Kincaid to the Whatcom County Civil Service 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 andprinting on the Coun 's website at: www.co.whatcom.wa.us/councih PETE KREMEN County Executive RECEIVED JAN 4 - 2007 PETE KREMEN COUNTY EXECUTNE COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: (-�'yr'l Scryr-e '= v7 Which position on this board are you applying for (if applicable)? Which Council district do you reside in? (X) One Are you a US citizen? (>� yes ( ) no Name: ( ) Two ( ) Three Are you a registered voter? ()0 yes ( ) no Date: SAL -y wdx Street Address: a?/a�s may'' SL�r� z`G� City: {7 ��a.�ro �, , Lc% Zip Code: 98a?p2 5- Mailing Address (if different from street address): Day Telephone: .3G4 - G ?/ - -? 3S'a Evening Telephone: Fax Number: E-mail address: e! Occupation (If retired, please Indicate former occupation): LI •'tee 1 7'Y Professional/Community Activities:e,�,Cr»- Education: Qualifications related to position: uy�! rrror�d Way KM�v-r� l� E.'7`" Describe why you are interested in serving of this /..a ir_.! Y Ya v rJ► �.e �97d� - — Ve- 1 r, rd or commission: N Do you or your spouse have a financial interest in or are you an employee or officer of an agency that does business with Whatcom County? ( ) yes (A7 no If yes, please explain: usiness or References (please include name and daytime telephone number): I "A Q Ca��— 4?4 Signature of appiicant:- As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 349 WHATCOM COUNTY COUNCIL AGENDA BILL No. 200--057 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: SM 1105107 1116107 Council Originator: M f" tf ] n Q n� LEG� r� ,Division Head: CI J A N 9 - 2007 4 y ` ,TC OJ1 , Y�ir�i��� � 16 Dept. Head: Prosecutor: Purchasin /Bud et: i j r'p j r r, I r. t �j Executive: TITLE OF DOCUMENT.- Appointment to the Whatcom County Veteran's Advisory Board ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE: (!f 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.) County Executive Pete Kremen requests confirmation of his appointment of Vincent Daddio to the Veteran's Advisory Board COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: elated File Numbers: Ordinance or Resolution T 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. 350 PFTE KREMEN County I-Aecutive R�p1+1 eo RECEIVED JAN 5 - 7007 11*-1'�rllw :: l:.. CauNCI-MP-MrrBERS; Barbara E- Dm finer Laurie Caskey-Schreiber 5sm Crawford Seth M- Fleatwoad Dan PAC;5hene L. Ward Nelson Carl Weirner PETE KREMEN APPLICATION FOR APPOINTMENT TO WHATCOM couNTYN txM BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Veterans Advisory Board Which position on this board are you applying for (if applicable)? Which Council district do you reside. in? ( ) One Are you a US citizen? (0 yes ( )Ito Name:- Vincent A. Daddio Street: Address: - City" Bellingham 724 East Kellogg Road Mailing Address (if different from street address): M Two ( ) Three ,Are you a registered voter? (C) yes ( ) no Dare: December 15, 2006 Zip Code: 98226 3t3 B6S-7225 360-656-6033 Day Telephone: Evening Telephone: • - —� Fax Number. E-mail address: vdaddio(pwmcast.net Occupation (If retired, please Indicate former occupation); Corporate Director of information Technology Professional/Community Activities: Education: HS, USAF Pnuedmullc Engineer, BA Computer Science, AA Elech briies, AA Procurement and Contracting Masten Computer Science Qualifications related to position: U5 Vietnam Veteran Describe why you are interested in serving on this board or commission: As a Vietnam Vet I have a continued interest in supporting all vaiarans to ensure that they and their families receive the support they deserve, as well as the community. 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? ( } yes (Cj no If yes, please explain: _ References (please include name and daytfine telephone number): Ken Richardson 676-6876 Signature of applicant: Vince paddio � W` q.�s.tie.w,d.nay.ns e� t+'ar�a wez r""avrr.�� ae e��w As a candidate to a public board'or commission, the above Information will be available to the County Council, County Executive, and the public. 351 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-058 CLEARANCES .Initial Date Date Received in Council Office A enda Date Assigned to: SM 1105107 1/16107 Council Orr 'valor: Fo—j r n f rll ` C U I � Division Head: a A N 9 _ 2007 {f! Dept. Head: Prosecutor: �itHA"Ti �;0i,ia Purchasin /Bud el: EY 1--7-0 7 Executive: 1 1 TITLE OF DO MENT.• Appointment to the Whatcom County Mental Health Advisory Board ATTACHMENTS: Application for Appointment 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: af 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 confirmation of his appointment of Susan Burke to the Whatcom County Mental Health Advisory Board COMMITTEE A CTION.- COUNCIL A CTION. 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 352 PETS KREMEN County Executive RECEIVED DEC 2 9 Z006 PETE KREMEN COUNTY EXECUM COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Z ly/ecz Z7 ��yi. a/'t✓g �-d Which position on this board are you,•applying for (if applicable)? Which Council district do you reside in? ( ) One (x) Two ( ) Three Are you a US citizen? (4 yes ( ) no Are you a registered voter? (/-) yes { ) no Name:- 5w.5a_A1 13u rAe Date: l� Street Address: 2-6.z9 77rarn 5- city: Zip Code: 5';- a Mailing Address (if different from street address): jaly C Day Telephone: 3&6G 76 --6 7,4,?X ,3�Z3� Evening. Telephone: 3 6 o-& y7 - Go Fax Number: E-mail address: whahlo,-n , w . Occupation (If retired, please indicate former occupation): Gr) Professional/Community Activities: eo-Bade/` i�a6i,. SGf,`�';�e SL12Ui'✓f c..�zdc�-rv� 7"�i9zv5Fdre��+�f-T�o,tJ Education: P�o,J � � T � %✓ai4aL 7 lI7�.I77 6�r �L�Jr���'a-m�i'easf��egL.'� Cac�1 � !ci a rt, A,,_ �e Qualifications related to position: 6' 550A1.4721, T.> s Tccc7 ✓ l� .d5 ✓n hC�d� �G (/G/`+ Describe/why you are interested in serving on this board or commission: fo 5 ce Z4 f W as /7% e a eze Aazt /Z e,,- S� rr1�s CcJGi �. 7�L� a n2 �i .f Pi i4 J� elek Do you or your spouse have a financial interest in or are you an employee or bfficer of any business or agency that does business with Whatcom County? (A yes ( ) no If yes, please explain: zam a h g�0ie_e, y-f ,-j6en eo e,- J7`4_ _De-9 - References (please include name and daytime telephone number): r Signature of applicant: -7( 75- As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 353 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-059 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: SM 1105107 1116107 Council Originator: DivisionHead: 11 L= L� IJ- , •� " til G _ 4007 Dept. Head: Proseculor: Purchasin /Bud e[: i a n •, [ . ; T- f- 70-71 &ecutive: TITLE OFDOC MENT.• Appointment to the Whatcom County Development Standards Technical Advisory Committee. ATTACHMENTS. Application for appointment SERA review required? { ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SERA 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.) County Executive Pete Kremen requests confirmation of his appointment of David Carpenter to serve on the Development Standards Technical Advisory Committee (TAG). COMMITTEE ACTION: CO UNCIL A CTION. 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.whatconz.wausleounciL 354 RECEIVED PETE KREMEN DEC 2 200fi G? •�. COUNCILMEMBERS: County Executive ���' Barbara E. Brenner PETS KREMEN 'r ,� Laurie Caskey-Schreiber Sam Crawford COUNTY EXECUTIVE- . T.h ryq ��=�. Seth M. Fleetwood Dan McShane . !_ Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: a� +lFL (JIMC KT S 7'Ahl4 AR_Z)S 7A C Which position on this board are you applying for (if applicable)? Which Council district do you reside in? O4 One Are you a US citizen? M yes ( ) no Name: 4AV.JF CAap,C-iV7•L`?__ ( ) Two ( ) Three Are you a registered voter? (>4 yes ( ) no Date: 1a 4 23 b04 Street Address: $dS AQejDo/V -r S7- *- 7 City: 13cZ-c./1l6HA.,,r! IAIA Zip Code: r-1 -P2?. - Mailing Address (if different from street address): Day Telephone:366 -7 3.2 - C10 n Evening Telephone: _gC.0 Fax Number: 36'-0 E-mailaddress: �' d ncil Occupation (If retired, please indicate former occupation): S ie'A./ fOAL Professional/Community Activities: Education: . S. C1 i1i4. �nlGinl� E�1ryG� /rt(ASP/1'AlG 710 N S i'A-TE Uf- Qualifications related to position: AA.4c T1 C IlVG CCIVIZ- !rV A ae' C A /=0 R_ co V L R_ '20 YR— S. Describe why you are interested in serving on this board or commission: 7-0 V-1 CoMNJL/"/ 7- Y S,6��PVICE ,P—c.A-7,514 7-jo M% PR_D,�,r_-SS1Q 1 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? (� yes ( ) no If yes, please explain: M11(_s0nl t2CcAS1Q1,1A4_C y P,0_0VIP65"X S igr,r° V IC IE-CS' �=,o Z GO Lt l�f ? v . References (please include name and daytime telephone number): Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 3 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-060 CLEARANCES Initial Date Date Received in Council Office A ernda Date Assigned to.- Originator. - Leah J. Mclrnfyre 4 16/07 Council Division Head: Dept. Head: Barbara J. Cory/Steve N. Oliver, Deputy U +_• 260' Prosecutor / 7 i - 3 -a r}Fa Purchasing/Budget: e 1 ir- s �y �r a++U X-• rT• • + e Executive. - [[ SUBJECT. Treasurer's Annual List of Property Tax Refunds ATTACHMENTS: 1. Cover Letter 2. Resolution 3. List of Property Tax Refunds Related County Contract #: Should Clerk schedule a hearing: NO /X/ YES / / Requested Date: SUMMARYSTATEMENT: Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. Pursuant to RCW 84.69. 020 the Treasurer is required to ADS Facilities Management Present to the Council annually a list ofProperty Tax Refunds. ADS Finance ADS Human Resources No action is required however a notion to approve the list ADS Info Services Would be appropriate. Assessor Auditor Cooperative Extension District Court Executive Health hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN. Prosecutor Public (Yorks Sheriff Superior Court Treasurer Leah J. McIntyre other Related File Numbers: Ordinance or Resolution Number (this item): AgendalJilbloc 356 WHATCOM. COUNTY TREASURER'S OFFICE COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA98227-5268 treasurer@co.whatcom.wa.us December 29, 2006 The Honorable Pete Kremen Whatcom County Executive 311 Grand Avenue Bellingham, WA 98225 Dear Sir: OM CO QSF/I NG�0 BARBARA J. CORY TREASURER STEVEN N. OLIVER CHIEF DEPUTY The Whatcom County Treasurer's Office is presenting you with this annual list of property tax refunds. Pursuant to RCW 84.69.020 the County Treasurer is required to present this list to the County Council by the 1 st Monday of February each year. There is no action required, however, a motion to approve the list would be appropriate. Please put this resolution on the agenda for the next County Council Meeting. If you have any questions please call our office extension 50082. Sincerely, yeo� �r Leah J. ilntyre Revenue Deputy Enclosure cc: Refund File 357 Phone: (360) 676-6774 Countv: (360) 398-1310 TTY: (.360) 738-4SSS FAX- (3601 71R-7477 1 2 3 4 5 6 7 SPONSORED BY: consent PROPOSED BY: Treasurer INTRODUCTION DATE: 01-17-2007 RESOLUTION NO. A RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR PROPERTY TAX REFUNDS WHEREAS, RCW 84.69.020 requires that the County Treasurer present a list of all petitions for property tax refunds made during the previous year to the County Council, and; WHEREAS, a list of the Whatcom County Treasurer's 2006 Petitions For Property Tax Refund is attached to this resolution, and; WHEREAS, the Whatcom County Council has received and reviewed the Treasurer's list of property tax refunds consisting of the names of the persons receiving the refunds, the amounts of the refunds, and reasons for the refunds for the year 2006 in accordance with RCW 84.69.020. NOW, THEREFORE BE IT RESOLVED, that the Whatcom County Council approve the 2006 petition for property tax refund list, hereto attached as "Exhibit A". 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CN 0 -CN C) 0 -" CD -N CD N CD N 0 IN -1 C3 N 0 I " C� IN CD IN a 0 C3 CD IN ON 0 Z D LL W LU G1. w L1. 0 LL Z 0 F- p w a. co 0 0 N o � co cfl 0 co 0 0 0 Nr ch ca o N H C S� o CO 0 0 C C CD0 ONO Q ao� ar Y w c') N O .t._. •Lo as ko 3ai a� EL m m aD co o Z Q N 0 Nt O O m rn m IL 399 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 6s CLEARANCES Initial Date Date Received in Council O ice A enda Date Assigned to: Originator: 1/10/2007 1/16/2007 Council Division Head. - De t. Head: Prosecutor. Purchasin Bud et: Executive: TITLE OF DOCUMENT.• Discussion regarding Geneva stormwater improvement 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 tine required public notice. Be specific and cite RCW or WCC as appropriate Be clear in explaining lite intent of tine action.) Discussion regardng Geneva stormwater improvement COMMITTEE ACTION: CO UNCIL 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.iva.uslcouncil. Mrs WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. IVIONSEN, P.E. Director MEMORANDUM TO: Honorable Members of the Whatcom County Council FROM: Kirk Christensen, Engineering Manager - Stormwater[/ DATE: December 6, 2006 STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounfv. us RE: Geneva Stormwater Improvements — Wall Street Homeowner Concerns Background Phase I of the Geneva neighborhood stormwater project was successfully completed during the summer of 2006. This project involved the construction of a state-of-the-art treatment system involving a novel bio-infiltration system and stormwater filtrations vaults. Stormwater from a 130- acre area will be treated by this system. In duly 2006 a number of residents in the Wall Street Neighborhood expressed a series of concerns related to proposed work in their neighborhood. In response to these concerns, the County Council requested that work be delayed in this neighborhood until their concerns were addressed. Since July, staff has met on numerous occasions with residents of this neighborhood as well as with design engineers to address their concerns. In November, staff was able to develop an alternative that met the needs of the neighborhood. At this juncture, this new alternative will be implemented during the 2007 construction season. The proposed alternative can be constructed at a similar cost and achieve a similar pollutant removal efficiency. During the December 121' work session staff will provide a brief overview of the proposed alternative and answer any council questions. Information Receive presentation at the December 12'' meeting. Action Requested Request Council concurrence with Wall Street Neighborhood's proposed alternative. 5 401 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 — 31 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/9/2007 1/16/2007 Council Division Head.- Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Resolution approving name change for Fire Dist.13 to WC Fire Protection Dist. 21 ATTACHMENTS: Resolution SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide lite 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.) This resolution approves the name change from Whatcom County Fire Protection District No. 13 to Whatcom County Fire Protection Distiict No. 21. COMMITTEE ACTION. COUNCIL A CTION., Related County Contract #l: 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.w{tatcom.wa.us/council. Ali SPONSORED BY: Council PROPOSED BY: Council INTRODUCTION DATE: January 16, 2007 RESOLUTION NO. APPROVING WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 13'S PROPOSAL TO CHANGE ITS NAME TO WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 21. WHEREAS, the Revised Code of Washington, Section 52.30.060, states that the name of a fire protection. district shall be changed, as proposed by resolution of the board of fire commissioners of -the district, upon the adoption of a resolution approving the change by the county legislative authority; and WHEREAS, the Board of Fire Commissioners for Whatcom County Fire Protection District No. 13 passed Resolution 2006-09 proposing to adopt the name Whatcom County Fire Protection District No. 21. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Whatcom County Fire Protection District No. 13's proposal to adopt the name Whatcom County Fire Protection District No. 21 is hereby approved. APPROVED this 16tl' day of January 2007. ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Caskey-Schreiber, Council Chair. 403 A partnership in serving our communities 307 I9`h Street, Lynden, WA 98264 January 5, 2007 Whatcom County Council Whatcom County 311 Grand Avenue Bellingham. WA 98226 Re: Requested Name Change Honorable Council Members: r .. S a — 12118 Lii'•r� L=5 Please accept this letter as supporting information accompanying the formal request and resolution to approve the name change of Whatcom County Fire Protection District No. 13 to Whatcorn County Fire Protection District No. 21. As you know, in the general election held November 7, 2006, the voters overwhelming approved the merge of Whatcom County Fire Protection District No. 3 into Whatcom County Fire Protection District No. 13. On December 7, 2006 the Boards of Fire Commissioners of the two fire districts, approved joint resolutions to merge the districts. At a special meeting held December 11, 2006, the new Board of Fire Commissioners approved changing the name of the fire district to Whatcom County Fire Protection District No. 21. You will find copies of supporting documentation enclosed herein. Please note that, if approved, the "new fire district" will be identified at Whatcom County Fire protection District No. 21, dba. "North Whatcom Fire and Rescue". The decision to change the name is important in that doing so, we remove the stigma of one fire district "taking over" another fire district. Such is not the case in this merge. Both fire districts involved in the merge have a long and valued history and tradition within the fire service in Whatcom County. It is our intent to preserve that individual history and tradition, and move forward as a "new fire district" establishing new traditions and making new history. It cannot be overlooked that over the past few years, Fire district #3 and Fire District #13 experienced some difficult times in putting this merge together. All of us at North Whatcom Fire and Rescue would like to leave that behind us and move forward as a new agency with an exciting new future. M The entire membership of more than forty full paid personnel and eighty volunteer firefighters support the name change and are looking forward to creating a "new history" for a new fire district. I respectfully request that the entire Council recognize the efforts of those who have worked so hard to make improvements and increase the levels of service we provide, by unanimously supporting the requested name change. Sincerely, T. M. Fields Fire Chief Cc: Board of Fire Commissioners F. Chmelik, Attorney file 405 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 3 RESOLUTION NO. 2006-05 A RESOLUTION of the Board of Fire Commissioners of Whatcom County Fire Protection District No. 3 declaring Whatcom County Fire Protection District No. 3 and Whatcom County Fire Protection District No. 13 merged, under the name Whatcom County Fire Protection District No. 13. WHEREAS, pursuant to RCW 52.06.030, the Whatcom County Auditor called and conducted an election in Whatcom County Fire Protection District No. 3, in the manner provided by law, on November 7, 2006, in conjunction with the State general election held that same date, submitting to the voters of Whatcom County Fire Protection District No. 3, for their approval or rejection, a proposition of whether Whatcom County Fire Protection District No. 3 shall be merged into Whatcom County Fire Protection District No. 13; and WHEREAS, pursuant to RCW 29A.60.190, the Whatcom County Canvassing Board has certified that a majority of the votes cast at the November 7, 2006, election on the proposition of whether Whatcom County Fire Protection District No. 3 shall be merged into Whatcom County Fire Protection District No. 13 favor merger; and WHEREAS, pursuant to RCW 52.06.050, the Board of Fire Commissioners of Whatcom County Fire Protection District No. 3 notified the Board of Fire Commissioners of Whatcom County Fire Protection District No. 13 of the results of the election. NOW, THEREFORE, pursuant to RCW 52.06.050, the Board of Fire Commissioners of Whatcom County Fire Protection District No. 3 declare Whatcom County Fire Protection District No. 3 and Whatcom County Fire Protection District No. 13 merged, under the name Whatcom County Fire Protection District No. 13. ADOPTED by the Board of Fire Commissioners of Whatcom County Fire Protection District No. 3, at an open public meeting thereof this 7th day of December, 2006, of which notice was given in the manner provided by law, the following Commissioners being present and voting. Whatcom County Fire Protection District No. 3 By: Corgmissioner By: L".4, Commissioner RESOLUTION NO. 2006-05 Page 4 of 2 M By: Commissioner ATTEST: Tom Fieldytistrict Secretary MFMm11EC[S#"MVY1 =W MM i RWCUMb PLM)A L-YLM3uer dH�Ya--WC Dn— RESOLUTION NO.2006-05 Page 2 of 2 407 WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 13 RESOLUTION NO.2006-08 A RESOLUTION of the Board of fire Commissioners of Whatcom County Fire Protection District No. 13 declaring Whatcom County Fire Protection District No. 13 and Whatcom County Fire Protection District No. 3 merged, under the name Whatcom County Fire Protection District No. 13. WHEREAS, pursuant to RCW 52.06.030, the Whatcom County Auditor called and conducted an election in Whatcom County Fire Protection District No. 3, in the manner provided by law, on November 7, 2006, in conjunction with the State general election held that same date, submitting to the voters of Whatcom County Fire Protection District No. 3, 'for their approval or rejection, a proposition of whether Whatoom County Fire Protection District No. 3 shall be merged into Whatcom County Fire Protection District No. 13; and WHEREAS, pursuant to RCW 29A.60.190, the Whatcom County Canvassing Board has certified that a majority of the votes cast at the November 7, 2006, election on the proposition of whether Whatcom County Fire Protection District No. 3 shall be merged into Whatcom County Fire Protection District No. 13 favor merger; and WHEREAS, pursuant to RCW 52.06.050, the Board of Fire Commissioners of Whatcom County Fire Protection District No. 3 notified the Board of•Fire Commissioners of Whatcom County Fire Protection District No. 13 of the results of the election. NOW, THEREFORE, pursuant to RCW 52.06.050, the Board of Fire Commissioners of Whatcom County Fire Protection District. No. 13 declare Whatcom County Fire Protection District No. 13 and Whatcom County Fire Protection District No. 3 merged, under the name Whatcom County Fire Protection District No. 13. ADOPTED by the Board'of Fire Commissioners of Whatcom County Fire Protection District No. 13, at an open public meeting thereof this 7th day of December, 2006, of which notice was given. in the manner provided by law, the following Commissioners being present and voting. 11'1 Whatcom CouY Fire, rotectton District No. 13 %! , . ,' 7 11 By: Mal RESOLUTION NO.2006-08 Page 1 of 2 408 By: Commissioner ATTEST: Tom Fie], istrict Secretary Z44 F.V'%0WR=WfDM'HWKkTC011 FRE & RESMEWWw (3913) kL,"UDME—Rw&Aw-WCFDjftLdw RESOLUTION NO. 2006-08 Page 2.of 2 M WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 13 RESOLUTION NO.2006-09 A RESOLUTION of the Board of Fire Commissioners of Whatcom County Fire Protection District No. 13 proposing to adopt the name Whatcom County Fire Protection District No. 21. WHEREAS, pursuant to RCW 52.06, Whatcom County Fire Protection District No. 3 and Whatcom County Fire Protection District No. 13 merged under the name Whatcom County Fire Protection District No. 13; and WHEREAS, pursuant to RCW 52.30.060, the Board of Fire Commissioners of Whatcom County Fire Protection District No. 13 desires to adopt the name Whatcom County Fire Protection District No. 21. NOW THEREFORE, the Board of Fire Commissioners of Whatcom County Fire Protection District No. 13 hereby proposes to adopt the name Whatcom County Fire Protection District No. 21, and requests that the Whatcom'County Council adopt a resolution approving the name change. . ADOPTED by the Board of Fire Commissioners of Whatcom County Fire Protection District No. 13,'at an open public meeting thereof this 11th day of December, 2006, of which notice was given in the manner provided by law, the following Commissioners being present and voting. Whatcom By: ,I unty Fire! r: District No. 13 7-.WMWMM7'JrV ' -M Commissioner By:___�.�C Commissioner "', �'.W ��..Commissioner RESOLUTION NO. 2006-09 Page 1 of 3 410 By: Co issioner By:6=dz r Commissioner ATTEST: 01 Tom Fig -Ids, District Secretary RESOLUTION NO.2006-09 Page 2 of 3 411 CERTIFICATION I, the undersigned, Secretary of Whatcom County Fire Protection District No. 13, hereby certify as follows: 1. The attached copy -of Resolution No. 2006-09 (the "Resolution") is a full, true, and correct copy of -the Resolution drily adopted at a special meeting of the Board of Fire Commissioners of Whatcom County Fire Protection District No. 13 held on December 11, 2006, as the Resolution appears on the minute book of the district and the Resolution is now in full force and effect. 2. The special meeting was held in accordance with law. 3. A quorum of the members of the Board 'of Fire Commissioners of Whatcom County Fire Protection District No. 13 was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand thisl lth day of December, 2006. go Tom 'l--ids ecretary FSV@�lMC1fY1R[IHYIIN7COYF�a 11113114211illill■ LwiFUOLar6MO PYdim-WMMMA- RESOLUTION NO.2006-09 Page 3 of 3 412