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Home My WebLink AboutPacket Jun 3 2008WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 199 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/5/2008 6/3/2008 Natural Resources Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive_ TITLE OF DOCUMENT. Discussion regarding petition Dissolution Whatcom County Water Conservancy Board ATTACHMENTS: Letters regarding Water Conservancy Board Status SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) 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.) The Department of Ecology has petitioned the Whatcom County Council for Dissolution of the Whatcom County Water Conservancy Board. Dissolution is requested due to: ineligibility of the Board commissioners due to training and board member status. The Department of Ecology believes the public interest is not served when a board is inoperable and cannot perform its authorized functions to process water right change applications. 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. CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 WHATCOM COUNTY COUNCIL May 6, 2008 Mr. Douglas Campbell 3535 Garden Springs Lane Bellingham, WA 98226 Dear Mr. Campbell: COUNCILMEMBERS Barbara E. Brgnner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Bob Kelly L. Ward Nelson Carl Weimer According to our records, you are the remaining Board member on the Water Conservancy Board. At this time we would like to notify you that the Department of Ecology has petitioned the Whatcom County Council for dissolution of the Whatcom County Water Conservancy Board. The Dissolution is requested due to the ineligibility of the Board to perform their duties due to training and board member status. We have advertised the vacancies continuously and have not been able to fill the vacancies. In response to the petition the Whatcom County Council Natural Resources Committee will discussion the petition at the June 3, 2008, Natural Resources Committee at 9:30. Please let us know if you have any concerns regarding this matter. Sincerely, Carl Weimer Chair, Natural Resources Committee c: Dana Brown -Davis, Clerk of the Council Board/Committee file Correspondence file POat Atkinson, Northwest Regional Council is\shared\boards\water conservancy\2008\Campbell dissolution of the Board 2 Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 738-2550 c4eaDoy--Iqq From: "Atkinson, Pat" <AtkinPJ@dshs.wa.gov> To: NHanson@co.whatcom.wa.us Date: 5/5/2008 5:54:36 PM Subject: RE: Water Conservancy Board Nadean, I have forwarded your email to Doug Campbell for his thoughts. Here are mine--- Doug's continuing education is not current and he is the lone remaining board member. As far as I know, we have had only one person even mildly interested in filling one of the other two spots. We have had no activity at all for more than two years. I think it is reasonable to dissolve the Board. I will let you know what I hear from Doug. pat Pat Atkinson, Deputy Director Northwest Regional Council 600 Lakeway Drive, Suite 100 Bellingham, WA 98225 (360) 676-6749 (360) 738-2451 (FAX) atkinpj@dshs.wa.gov www.nwrcwa.org CONFIDENTIALITY NOTE: This message is intended only for the addressee and may contain information that is considered private, confidential, and exempt from disclosure under applicable law. If you are not the person(s) listed above and have received this communication in error, please notify the sender and delete the information immediately from your system. Thank you. -----Original Message ----- From: Nadean Hanson [mailto:NHanson@co.whatcom.wa.usj Sent: Monday, May 05, 2008 12:55 PM To: Atkinson, Pat Subject: Water Conservancy Board Hi Pat - Janet Rajala from the Department of Ecology has suggested the Council dissolve the Water Conservancy Board. So, we will place this on the Natural Resources Agenda for June 3, 2008. Is Doug Campbell still interested in serving on the Board? According to Janet he is behind in his training as well. Will you please let us kown your thoughts and Doug's status. Thanks Pat. NaDean 3 Council Staff 0 STAT COPY o� s 01S T ft► WE0 To JAPE 0 8 2008 STATE Of WASHINGTON ALL COUNCIL DEPARTMENT OF ECOLOGY 4601 N Monroe Street • Spokane, Washington 99205-1295 e (509)329-3400 January 4, 2008 Mr. Pat Atkinson Northwest Regional Council 600 Lakeway Drive Bellingham, WA 98226 RE: Inoperable status of the Whatcom Co. Water Conservancy Board and training eligibility status of the Board's commissioners Dear Water Conservancy Board Commissioners: .XLQ.�YI. o \ba' 1 A - f- y ,L The following provides the annual notification of continuing education status for each board commissioner on the Whatcom County Water Conservancy Board. In order to be considered eligible, a board commissioner is required to'obtain at least 8 hours of . continuing education for each year of service on the board. This list identifies the date ineligibility occurred for each commissioner. Hours accumulate annually. Commissioner name Douglas Campbell Vacant Vacant Appointment date Date of ineligibility July 10, 2001 Vacant Vacant July 9, 2007 Vacant Vacant Continuing ed hours needed 16 by 7/9/08k Vacant Vacant Mr. Campbell requires 8 hours of continuing education to regain eligibility plus 8 hours by July 9, 2008 to remain eligible. 5 Whatcom Co. Water Conservancy Board Training Status January 4, 2008 Page 2 As of the date of this letter, Ecology's records indicate NO board commissioners on the Board are eligible to take action on water right transfer decisions. A minimum of three of five eligible board commissioners are required to adopt a record of decision fora wafer right change application. T11e Board has been inoperable due to commissioner ineligibility since Juiy 9, 2005. It is the responsibility of each board commissioner to ensure his/her own eligibility and remain current on continuing education. Ecology will not regulate boards for compliance with the training regulations. If you have any questions, or feel the status of the continuing education information is in error, please contact me at (509) 329-3421 or jaca461@ecy.wa.gov as soon as possible. Sincerely, (I v� L� Janet L. Rajala Water Resources Program cc: Ecology Northwest Regional Office Whatcom County Board of Commissioners Center for Environmental Law and Policy 101 CLERK Of THE COUNCIL Dana Brown -Davis, C.M_C. COUNTY COURTHOUSE 311 Grand Avenue, Suite 9105 Bellingham, WA 98225-4038 October 3, 2007 MEMORANDUM 4G�M CD Gy s A � I NGor 9SH� WHATCOM COUNTY COUNCIL TO: Councilmembers FROM: NaDean Hanson, Confidential Clerk r� SUBJECT: Water Conservancy Board COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer We received a call from Janet Rajala, Department of Ecology, letting us know that our Water Conservancy Board is notable to expedite Whatcom County applications for surface and groundwater water rights transfers and changes at this time. The Board is composed of three commissioners, and as yet, no interest has been generated by our advertisement of the vacancy. Ed Henken has not yet completed the annual training requirements by the State, and Doug Campbell also became ineligible in July due to training requirements. The Department of Ecology suggested that we dissolve the Board if we are unable to fill the upcoming vacancies in 2008. According to Ms. Rajala we may establish the Board again at any time, but it would be beneficial if we would try and fill the upcoming vacancies as soon as possible. The vacancy is listed on our website and is on the copy of vacancies distributed to libraries, city halls, and the media. If someone is interested, please have them call our office for an application, or they may download one from our website. Thank you everyone. c: Dana Brown -Davis, Council Clerk Wa ter Conservancy Board ter Conservancy Board File Pat Atkinson, IVorthwest Regional Council, Board Facilitator [:\SHARED\Boards\Water Conservancy Board\Dissoultion of Board 7 „d6 ScwTa O,s `i-✓eLC/r� Vl.� / a 9 aye � goy STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDO Only (Hearing Impaired) (360) 407-6006 August 3, 2007 the Honorable Carl Weimer Whatcom County Council 311 Grand Avenue Bellingham, WA 98225-4038 RE: Petition for Dissolution of the Whatcom County Water Conservancy Board Dear Commissioner Weimer: the Department of Ecology (Ecology) formally and respectfully petitions the Whatcom County Council to consider dissolution of the Whatcom County Water Conservancy Board (Board). RCW 90.80.065 authorizes Ecology to petition the county legislative authority for a water conservancy board to be dissolved for "repeated statutory violations or demonstrated inability to perform the functions for which the board was. created.” The following provides the reasons for - our petition: l _ Statutory requirement: RCW 90.80.040 — "Prior to commissioners taking action on proposed water right transfers, the commissioners shall comply with training requirements that include state water law and hydrology." Violation or demonstrated problematic performance: the Whatcom County Water Conservancy Board has been ineligible to take action on pending water right change applications since July 9, 2005.. The initial reason the Board was ineligible to act on pending applications was because two of the Board commissioners did not complete the statutorily required training. In December 2005, one of the two ineligible commissioners ended his terra on the Board, creating a vacancy that has yet to be filled. As a three -member Board, two eligible commissioners (i.e_, commissioners that have received training) are required to make decisions on pending water right change applications. Since .July 2005, the Board has been unable to operate. Over the past two years, Ecology has communicated numerous times with the Board and County regarding the ineligibility of the Board commissioners. Specifically, Ecology notified the Board and individual Board commissioners regarding their ineligibility in letters dated November 29, 2006, January 4, 2006, .June 28, 2005, and January 5, 2005.. �" C $ The Honorable Carl Weimer August 3, 2007 Page 2 In addition, Ecology has offered nine continuing education opportunities for water - conservancy board commissioners in the past two years, including three in Western Washington. Only one person from the Board attended in 2005 and none since then. Board commissioners also can attain continuing education credits from other approved sources but the Whatcom Board commissioners did not avail themselves of these opportunities either.. 2. Statutory requirement: RCW 90.80.020 — ". _ _ the county legislative authority may adopt a resolution approving the creation of the board if it finds that the board's creation is in the public interest." Violation or demonstrated problematic performance: the public interest is not served when a board is inoperable for a period of years and cannot perform its authorized functions. In Ecology's letter to the County on November 29, 2006, Ecology encouraged feedback from the County regarding the fixture of the Board: As of -the date of this letter, the County has not responded to our letter. 3. Statutory r-equirement: RCW 90.80..0.30 — When approving the creation of a board, the director of'Ecology "must determine whether the creation of the board would further the purposes of this chapter and is in the public interest." Violation or demonstrated problematic performance: Ecology believes the public interest is not served when a board is inoperable and cannot perform its authorized functions to process water right change applications. In Ecology's letter to the County on November 29, 2006, Ecology requested that the County review the current,need for the Board and whether continuing the Board was in the public interest. Ecology has not heard back from the County and has determined that continuing the Board is not serving the public interest.. In the November 29, 2006 letter to the County Council, Ecology encouraged the County to take a more active role toward the success of the .County's water conservancy board and reconsider the future of that Board. To date, Ecology is not aware of any action taken by the County to further the purpose of the water conservancy board. I would appreciate your County's formal response to Ecology's petition for dissolution of the Whatcom County Water Conservancy Board_ Please forward a copy to me at the address above and to .lanet Rajala of my staff at the Department of Ecology, 4601 N= Monroe Street, Spokane, WA 99205_ If you have any questions about this letter, contact me at (360) 407-6602 or kshw46l @ecy.wa_goy.. Sincerely, Kenneth O.. Slattery, Manager Water Resources Program cc_ Whatcom County Water Conservancy Board Dan Swenson, Manager, Water Resources Program Northwest Regional Office Janet Rajala, Water Conservancy Board Coordinator, Water Resource Program 9 nn� v*d, y�2 �yy Mass ao STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 TTY 711 or 800-833-6388 (For the Speech or Hearing tmpa ) 1� f..- November 29, 2006 The Honorable Laurie Caskey-Schreiber Whatcom County Council 311 Grand Avenue Bellingham, WA 98225-4038 0LL 0 4 21006 rt Cv tiCI L �- -P,Lf ,�` � 5 RE: Operating status of the Whatcom County Water Conservancy Board and an opportunity to participate in an upcoming meeting Dear Commissioner Caskey-Schreiber: Ecology is sending this letter for two important reasons: 1. To inform your county of the current operating status of the Whatcom County Water Conservancy Board (Board) established by your county's legislative authority. 2. To encourage your county to take a more active role toward the future success of the Board. Current operating status The Board was established by the Whatcom County Council in December 1999, with final approval by Ecology's director, to process water right transfer applications. The director approved the creation of the board by determining if it would further the purposes of the Water Conservancy Board Statute, Chapter 90.80 RCW and was in the public interest. Once established the Board became a "public body corporate and politic and a separate unit of local government in the state." [RCW 90.80-050(1)] One of the many statutory responsibilities of the volunteer commissioners, aside from processing water right change applications, is to remain current with training requirements. RCW 90-80.040 stipulates commissioners must comply with training requirements before taking action on water right transfer applications. Upon appointment to the board, a commissioner must complete an Ecology -sponsored 32-hour training covering state water law, hydrology, and other topics. In addition, after serving one year on a board, each commissioner must participate in at least 8 hours of continuing education annually. WAC 173- 153-050 provides guidance about alternatives for fulfilling the continuing education requirements. 04 10 Whatcom County Council November 29, 2006 Page 2 Ecology's records indicate that as of the date of this letter the Whatcom Co. Water Conservancy Board is inoperable and unable to take action on proposed water right transfers. A.minimum of two of three eligible board commissioners are required to vote on a record of decision for a water right change application. Ecology's records indicate there is one vacancy on the board and one of three board.commissioners on the Board is currently eligible to take action on a water right transfer decision as follows: Commissioner name Appointment date Douglas Campbell July 10, 2001 Vacant Vacant Edwin Henken July 10, 2001 Date of ineligibility Eligible through 7/9/07 Vacant July 9, 2005 Continuing Ed Hours Needed 8 by 7/9/07 Vacant 24 by 7/9/07 The Whatcom Co. Water Conservancy Board has been inoperable since July 9, 2005. The board and the ineligible commissioners have been notified in writing and contacted by phone regarding the eligibility concerns. The county received a copy of a letter dated January 4, 2006 informing you of the board status and Nadine Hanson of your office has also been notified. County and state resources are required to track the training and terms of each commissioner and to provide training opportunities. Ecology tracks the training of each commissioner and board to ensure the records of decision have been made legally when the department makes its final review. Counties recruit and appoint commissioners and alternates to vacant positions. WAC 173-153-050(9) requires each board commissioner and alternate to ensure his or her own eligibility and remain current on continuing education. As a courtesy, Ecology notifies boards and counties annually regarding the training status of each board commissioner. Additionally, each board commissioner is notified again at the time ineligibility occurs. Whatcom County chose to establish a board because it identified a need for the board to operate in your county. Since the date of establishment, the board has accepted 2 applications for change. Ecology requests the county review the current status of the Board and consider the continued need for its operation. Here are a few questions to consider. a. Is the board providing a service to the county? b. Are the current commissioners committed to continue serving in this capacity? c. What can the county do to promote change or improvement on the board? d. Has the board become ineffective or obsolete? e. Is there a continuing need for the board in your county (i.e., are there sufficient number of change applications to warrant having a board in operation)? Because of the extended time period during which the Whatcom County Board has been ineligible, the Department of Ecology is considering filing a formal petition to dissolve the Whatcom County Water Conservancy Board in accordance with RCW 90.80.065. The statute states that Ecology may petition the county legislative authority, of the county to "request that the board be dissolved for repeated statutory violations or demonstrated inability to perform the functions for which the board was created." 11 Whatcom County Council November 29, 2006 Page 3 I would appreciate your county's reconsideration and thoughts about the future of your county's water conservancy board. The County's Role with the Board. There are several ways for the Whatcom County Council to take a more active role with the Whatcom Co. Water Conservancy Board such as: Two statewide board training meetings are currently planned for Wednesday, January 3, 2007 in Richland and Friday, January 5, 2007 in Wenatchee. Lunch will be provided. County commissioners and their administrative clerks are encouraged to attend one of these meetings. Ecology would appreciate the county's encouragement for the water conservancy board commissioners to attend. This provides two separate opportunities for board commissioners to obtain the annual 8-hour training credit, If a board commissioner. is unable to attend either of these trainings, numerous other educational opportunities are available that may qualify for credit. See the enclosed flyer for more information. 2. The county may want to provide board commissioners with available education opportunities through existing county administration and work activities. Ecology could be available to participate and/or assist in notifying the boards of such opportunities. 3. Ecology suggests the county monitor the board's activities and continued value to the community. This may be accomplished through attention to future Ecology correspondence regarding boards, their activities, and operations. If you have questions about this letter, contact me at (360) 407-6602 or kshw461(a)`y.wa.gov. For more information about board process, commissioner eligibility, or operation status of a board, contact Janet Rajala at (509) 329-3421 or email jaca461(a,ecy.wa.gov. For future reference, the operating status of each board is posted on Ecology's website at: http://www.ea.wa.gov/programs/wr/conservancy boards/pdf/bos 10242006.pdf Sincerely, Kenneth O. Slattery, Manager Water Resources Program Enclosure cc: Whatcom Co. Water Conservancy Board Dan Swenson, Manager, Water Resources Program Northwest Regional Office Janet Rajala, Water Conservancy Board Coordinator, Water Resources Program 12 WATER CONSERVANCY BOARD TRAINING MEETING Sponsored by the Department of Ecology Water Resources Program Meeting objective is to discuss current water -issues and how Ecology, counties and boards can improve communication and resolve ineligibility concerns Wednesday, Ecology Reg Water Conservancy Board Commissioners and Alternates Water Conservancy Board Administrative Staff County Board of Commissioners County Council Members County Administrative Staff Ecology Staff and Management 13 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 WHATCOM COUNTY COUNCIL July 24, 2006 MEMORANDUM TO: Councilmembers FROM: NaDean Hanson, Confidential Clerk,';1 SUBJECT: Water Conservancy Board COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer We received a call from Janet Carlson, Department of Ecology, letting us know that our Water Conservancy Board is not able to expedite Whatcom County applications for surface and groundwater water rights transfers and changes at this time. The Board is composed of three commissioners, and as yet, no interest has been generated by our advertisement of the vacancy. Ed Henken has not yet completed the annual training requirement by the State and Doug Campbell is our only current Board member. According to Ms. Carlson, we do not have any water permit applications, but it would be beneficial if we would try and fill the vacancy as soon as possible. The vacancy is listed on our website and is on the copy of vacancies distributed to libraries, city halls, and the media. if someone is interested, please have them call our office for an application, or they may download one from our website. Thank you everyone. c: Dana Brown -Davis, Council Clerk Water Conservancy Board File IASHARED\Boards\Water Conservancy Board\Vacancy on Board 14 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 4601 N Monroe Street • Spokane, Washington 99205-1295 • (509)329-3400 January 4, 2006 �' [ �'' L; b Pat Atkinson Northwest Regional Council �' �`' 600 Lakeway Drive Bellingham, WA 98226 C/Z Ceu �dt. RE:. Training Status and Ineligibility of Whatcom Co. Water Conservancy Board Commissioners f Dear Water Conservancy Board Commissioners: Pursuant to WAC 173-153-050(5), water conservancy board commissioners must complete a minimum of eight hours of continuing education annually. The year is determined by the appointment date of each commissioner. The rule stipulates that this minimum training requirement must be completed "before participating in any decision concerning a water right transfer application being considered by a board." [Emphasis added] It is therefore essential that commissioners keep their continuing education current, in order to fully participate in water right change decisions made by the board. Ecology's records indicate the status of continuing education for current board commissioner(s) is as follows: Commissioner name Douglas Campbell Douglas Clark Appointment date July 10, 2001 January 25, 2000 Next training due by July 9, 2007 January 24, 2004 Hours Needed current 24 by 1/25/06 Edwin Heriken July 10, 2001 July 9, 2005 16 by 7/9/05 Therefore, as of January 4, 2006, Ecology's records indicate 1 of 3 board commissioners are currently eligible to participate in water right transfer decisions In order to make a decision on a water right change application the board must have at least 2 of 3 eligible commissioners. It is the responsibility of each board commissioner to ensure his/her own eligibility and remain current on continuing -education. Ecology will not regulate boards for compliance with the training regulations. However, eligibility of a board commissioner could become a basis for reversal of a record of decision or an appealable action by a third party of Ecology's final administrative order. IM JI 15. Whatcorn Co. Water Conservancy Board Training Status January 4, 2006 Page 2 Remember that to receive credit for continuing education through any source other than Ecology, board commissioners must complete a Training Credit Request Form (Ecology form #040-104 — can be found on line at http://www.ecy.wa.gov/biblio/ecy040lO4.html). This form must be submitted tome with all requested information, including: • Documentation of training attended such as course agenda or certificate of attendance. • Short summary of information obtained (in the case of readings or general presentations). • Description of how the training directly relates to the commissioner's work on the water conservancy board. If you have any questions, or feel the status of your continuing education information is in error, please contact me at (509) 329-3421 orjaca461@ecy.wa.gov as soon as possible. Sincerely, Janet L. Carlson Water Resources Program cc: Ecology Northwest Regional Office Whatcom County Board of Commissioners Center for Environmental Law and Policy 16 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 217 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/27/2008 6/3/2008 NR Committee Division Head. - Dept. Head. - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. - Discussion on County's efforts to enforce codes re: water quality and habitat ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice Be specific and cite RCW or WCC as appropriate Be clear in explaining the intent of the action.) Discussion and update on the County's efforts to enforce codes related to protecting water quality and habitat 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 Co un 's website at: www.co.whatcom.wa.us/council. 17 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008— 227 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to. Originator: 5/27/2008 6/3/2008 Finance Division Head: Dept. Head: Prosecutor: Purchasin /Bud et.• &ecufive: TITLE OF DOCUMENT. Discussion with the Administration regarding 2009-2010 budget preparation ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) 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 required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion with the Administration regarding 2009-2010 budget preparation 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. WHATCOM COUNTY COUNCIL AGENDA BILL NO. AR2008-218 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assf ned to: Originator: -ih: uFID ll E C L� j� �� % D V MAN 2 7 ZOOS 1N H AT C 0 M C 0 U N TY COUNCIL Finance/Counil Division Head. Dept Head. Prosecutor Purchasinoudget: n. 66 5/�� Executive: / 'e-1 SUBJECT.- Whaticom Vounly Sheriffs Office providing a deputy to patrol the Mt. Baker-Snoqualmie National Forest ATTACHMENTS: Two (2) copies of the Forest Service Contract #07-LE-11060500-024 SEPA review required? ( SEPA review completed? ( ) Yes ( ) NO ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes, ( ) NO Requested Date: SUMMARYSTATEMENT. To provide services for the US Forest Service in the Mt. Baker-Snoqualmie- National Forest during the period of October 1, 2007 — September 30, 2008. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS 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 #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 19 WHA'TCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 MEMORANDUM TO: Pete Kremen, Co n y Exec tive FROM: Bill Elfo, Sheriff RE: US Forest Service Con ract #07-LE-11060500-024 DATE: May 9, 2008 CAREY JAMES UNDERSHERIFF JEFF PARKS CHIEF DEPUTY KEVIN MOYES CHIEF DEPUTY WENDY JONES CHIEF OF CORRECTIONS RECEIVED MAY 15 2008 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals between Whatcom County Sheriff's Office and the United States Department of Agriculture, Mt. Baker-Snoqualmie National Forest for your review and signature. ■ Background and Purpose To provide a deputy for the purpose of patrolling the Mt. Baker-Snoqualmie National Forest. ■ Funding Amount and Source $64,500.00 is the funding amount. The source of the funding comes from the United States Department of Agriculture. ■ Differences from Previous Contract n/a Please contact Undersheriff James 50423 , if you have any questions or concerns regarding the terms of this agreement, Encl. SHERIFF CORRECTIONS (360) 676-6650 (360) 384-5360 FAX: (360) 738-2494 (360) 676-6848 (360) 384-3291 FAX: (360) 738-248020 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aoo,?o5oIq Originating Department: Whatcom County Sheriff's Office Contract Administrator: Carey James, Undersheriff Contractor's /A ency Name: USDA Forest Service Mt. Baker-Sno ualmie National Forest Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No _X_ If yes, associated Whatcom County grant contract number(s) _20040-3-020 Rapid Bor de, Prosecution Grant Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $1 S, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 64 , 500.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ 64 500.00 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 [Insert language from contract (Exhibit A) or summarize; expand space as necessary] To provide one deputy to patrol the Mt. Baker-Snoqualmie National Forest from October 1, 2007 —September 30, 2008. o Contract:10/01/07 Expiration Date: 9/30/08 FTerm Contract Routinz Steps & Sienoff TSiPn or initial? /'indicate date transmitted 1. Prepared by: mg Date 5109108 [electronic] 2. Attorney reviewed. t- %,--x [electronic] OrDate 3. AS Finance reviewed.• Date I D electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date jelectronicJ hard copy printed 6. Attorney signofJ: Date 7. Contractor signed. • Date 8. Submitted to Exec Office ,i Date 5- IG-0�summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 21 FS Agreement No.: 08-LE-11060500-024 Page 1 of 7 RK:31N6 L SUPPLEMENTAL AGREEMENT NO.08-LE-11060500-024 WHATCOM COUNTY CONTRACT NO, aoo8o5ot� to `--+— COOPERATIVE LAW ENFORCEMENT AGREEMENT NO.04-LE-11060500-018 between WHATCOM COUNTY SHERIFF'S OFFICE and USDA FOREST SERVICE MT. BAKER-SNOQUALMIE NATIONAL FOREST FY 2008 Financial and Operating'Plan This Annual Financial and Operating Plan, is hereby made and entered into by and between the Whatcom County Sheriff's Office, hereinafter referred to as "Whatcom County," and the United States Department of Agriculture, Mt. Baker-Snoqualmie National Forest, hereinafter referred to as "Forest Service," under the provisions of Cooperative Agreement No. 04-LE-11060500-018 executed on April 22, 2004. This Operating Plan is made and agreed to as of the last date signed below and is for the period beginning October 1, 2007, and ending September 30, 2008. I. GENERAL: A. The following individuals shall be the designated and alternate representative(s) of each party, so designated, to make or receive requests for special enforcement activities: Designated Representatives: Whatcom County BILL ELFO Sheriff Whatcom County Public Safety Building 311 Grand Avenue Bellingham, WA. 98225 (360) 676-6650 Alternate Representatives: CAREY DAMES Undersheriff Whatcom County Public Safety Building 311 Grand Avenue Bellingham, WA. 98225 (360) 676-6650 Forest Service JOHN KLAASEN Patrol Captain USFS Law Enforcement & Investigations 1835 Black Lake Blvd. SW Suite A Olympia, WA. 98512 (360) 956-2262 JEREMY SMITH Law Enforcement Officer USFS Law Enforcement & Investigations Mt. Baker Ranger District 810 State Route 20 Sedro Woolley, WA. 98241 (360) 856-5700 22 FS Agreement No.: 08-LE-11060500-024 Page 2 of 7 II. WHATCOM COUNTY AGREES: A. To assign one full time deputy sheriff with a fully equipped and marked sheriff s vehicle to patrol any and all areas on National Forest Land within Whatcom County designated by the Forest Service. The assigned officer will be a fully commissioned and trained deputy sheriff. The officer will work on National Forest Land primarily, except when assigned to other life -threatening calls or emergencies. B. To coordinate patrols, police investigations and duty schedules with a designated Forest Service representative. C. To dispatch additional officers within their capabilities to emergency situations and predictable events requiring an increased law enforcement presence. D. To submit timely reports (Cooperative Law Enforcement Activity Report) regarding all enforcement activity, within the designated patrol areas, to the Mt. Baker Ranger District Law Enforcement Officer. E. Submit a quarterly itemized statement for services provided in Clause II. A through D of the Cooperative Agreement, based on the rate schedule contained in Clause III. B of this Operating and Financial Plan. The statement will include the Forest Service agreement number for the FY 2008 Financial and Operating Plan and certify that all services have been provided in accordance with the Cooperative Agreement. Reimbursement will not exceed a total of $64,500 for the periods of October 1, 2007 through September 30, 2008. Invoices. shall be mailed to: USDA Forest Service Albuquerque Service Center PAYMENTS: Grants & Agreements 101 B Sun Ave NE Albuquerque, NM 87109 Invoices may also be faxed to: 1-877-687-4894 FAX coversheet should be addressed to: USDA Forest Service ASC — Payments -Grants and Agreements Send a copy to: USFS Law Enforcement & Investigations Attn: Captain John Klaasen 1835 Black Lake Blvd. Suite A Olympia, WA 98512 The billing statements will be in sufficient detail to allow the Forest Service to verify these expenditures as authorized. Each billing will include a certification that the billed services have been performed. Accompanying this section will be "Patrol Logs" identifying the areas and activities patrolled each day. Bills will not be processed for payment without the required "Patrol Log" form. 23 FS Agreement No.: 08-LE-11060500-024 Page 3 of 7 III. THE FOREST SERVICE AGREES: A. To loan Whatcom County one portable radio for communications purposes. B. To pay Whatcom County on receipt of satisfactory statement, not to exceed $16,125.00 quarterly for the following periods: October, November, December 2007 January, February, March 2008 April, May, June, 2008 July, August, September 2008 Said amount will represent pre -authorized overtime, as agreed in section IV. G. of this agreement. An itemized statement, showing a breakdown by the above categories (salary, benefits, vehicle use costs and overtime), will be supported by the Cooperative Law Enforcement Activity Report. IV. IT IS MUTUALLY AGREED: A. The number and timing of patrols during a given week may be adjusted, as required, by either party with notification of the other party. B. The Deputy will not be assigned as a search and rescue deputy. The Deputy may be assigned the initial call for search and rescue assistance on National Forest lands. Any activity of this nature, requiring more than two hours, would be reassigned to additional officers. C. Whatcom County will be responsible for the installation and maintenance of radio equipment. In the event this agreement is cancelled, the radio identified in Clause III. A. of the Operating and Financial plan will be returned to the Forest Service. D. In the event that the budgeting process by Congress does not fund the monies necessary to complete and fulfill this contract, the number and hours. of patrol shifts will be adjusted upon mutu,1l agreement, to fit within the parameters of allotted and approved funds. E: The Deputy is primarily designated to the Forest Service area. Said assignment is subject to all applicable rules and regulations of Whatcom County, Whatcom County Sheriff's Office, applicable union contracts, civil service rules, and applicable state and federal laws and regulations. F. The work week and days off shall be established so as to provide maximum service to the area. The work week shall consist of forty (40) hours. The work week shall be adjusted so the deputy will be on duty an average of eight (8) hours a day during the forty (40) hour week. On duty time need not be in a continuous block of time. Days off shall be (2) consecutive days mutually agreed upon by the Forest Service and Whatcom County. 24 FS Agreement No.: 08-LE-11060500-024 Page 4 of 7 G. Overtime will be used only for emergency situations and must be authorized by Whatcom County. Reasonable overtime expense will be considered within the scope of this agreement. H. The Deputy will be allowed to schedule two weeks of vacation or holidays between Memorial Day and Labor Day. To the extent practical, all other accrued vacation and holiday time will be taken in the "off season." Whatcom County is not required to replace the Deputy during vacation/holidays leaves. Whatcom County will respond to emergency situations during vacation/holiday leaves at no additional cost to the Forest Service. 1. Court appearances and. normal and customary training will be considered "on duty" time if it meets both parties consent. J. The Deputy will coordinate work schedules, patrols, investigations, and area assignments with the designated Forest Service representative (Officer Jeremy Smith). Whatcom County will retain all responsibility for management and supervision. K. This agreement may be extended or modified by the mutual written consent of the parties. L. By signature below, Whatcom County certifies that the individuals listed in this document as representatives of Whatcom County are authorized to act in their respective areas for matters related to this agreement. V. AVAILABILITY OF FUNDS Funds in the amount of $64,500 are currently available for performance of this instrument through September 30, 2008. The Forest Service's obligation for performance of this instrument beyond this date is contingent upon the availability of appropriated funds from which payment can be made. No legal liability on the part of the Forest Service for any payment may arise for performance under this instrument beyond September 30, 2008, until funds are made available to the Forest Service for performance and until the recipient/cooperator receives notice of availability by written modification by the Forest Service. 25 FS AgreementNo.: 08-LE-11060500-024 Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have made and agreed to this supplemental agreement as of the last date shown below. For the Sheriff's Office: -F 0" BILL LFO Sheriff Date For the Forest Service: Y. ROBERT IWAMOTO Forest Supervisor For Whatcom County: PETE KREMEN County Executive Subscribed and sworn to me this Day of Date Notary Public in and for. The State of Washington Residing in THOMAS J. LYONS Date Special Agent in Charge Attachment: Special Enforcement Situations The authority and format of this instrument have e n reviewed and approved as to form. - _ 14 1 2cxn�w Agreements Speci list— Date Job Code: 1360 NFLE0608 Date Date "-�Q' Q.0 �u Ak& '�-- � ="�' �' RANDALL J. TT Date Chief Civil Depu Prosecutor 26 FS Agreement No.: 08-LE-11060500-024 Page 6 of 7 ATTACHMENT I. SPECIAL ENFORCEMENT SITUATIONS: A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement, and certain Group Gatherings. B. Funds available for Special Enforcement situations vary greatly from year to year and must be specifically requested and approved prior to any reimbursement being authorized. Requests for funds should be made to the Forest Service designated representative listed in Item I -A of the Supplemental Operating Plan, except as noted in Section I-B-2. The designated representative will then notify the Cooperator whether funds will be authorized for reimbursement. If funds are authorized for situations other than fire emergencies, the parties will prepare a revised Operating Plan. 1. Drug Enforcement: This will be handled on a case by case basis. The request will normally come from the Patrol Captain; however it may come from the Special Agent in Charge or their designated representative. Reimbursement shall be made at the rates specified .in Section I-C. Deputies assigned to the incident will coordinate all of their activities with the designated officer in charge of the incident. 2. Fire Emergency: During emergency fire suppression situations and upon request by the Forest Service pursuant to an incident resource order, the Cooperator agrees to provide special services beyond those provided under Section II of the Supplemental Agreement, within the Cooperator's resource capabilities for the enforcement of. State and local laws related to the protection of persons and their property. The Cooperator will be compensated at the rate specified in Section I-C; the Forest Service will specify times and schedules. Upon concurrence of the local Patrol Captain or their designated representative, an official from the Incident Management Team assigned to the fire may make such: a request and specify such times and schedules. Upon approval by the Forest Service or Incident Management Team managing the incident, Cooperator personnel assigned to an incident where meals are provided will be entitled to such meals. 3. Group Gatherings/Other Situations: This includes but is not limited to situations which are normally unanticipated or which typically include very short notice, large group gatherings such as rock concerts, demonstrations, and organizational rendezvous. Upon authorization by a Forest Service representative listed in Section I -A for requested services of this nature, reimbursement shall be made at the rates specified in Section I-C. Deputies assigned to this type of incident will normally coordinate their activities with the designated officer in charge of the incident. 27 FS Agreement No.: 08-LE-11060500-024 Page 7 of 7 C. Rates: The rates of reimbursement for all Special Enforcement situations is $65.00 / Dour, per unit which includes all costs involved with the officer, vehicle, and other necessary equipment. D. Billing Documentation: The billing for each incident shall include individual employee times and their agreement rate. Such times will be documented on Crew Time Reports, shift tickets or other agreed upon form, and must be approved by incident management personnel. For billing done using procedures specified in Section II-C of the Supplemental Agreement, original documentation will be maintained by the Forest Service in the appropriate fire documentation boxes or by appropriate incident management personnel; the Cooperator will maintain copies of all such documentation. II. BILLING: A. The Cooperator will submit invoices for reimbursement of Special Enforcement situations I-B-I & I-B-3 on a monthly or quarterly basis, to the address shown in section II. E of the Supplemental Agreement. The Cooperator will prepare an itemized statement for each invoice submitted to the Albuquerque Service Center. The statement will be in sufficient detail to allow the Forest Service to verify expenditures authorized under Sections 11. and III of the Supplemental Agreement. The itemized statement for reimbursement will also include the following information: l . Applicable Deputy Daily Activity Reports 2. Completed Cooperative Law Enforcement Activity (USFS Form 5300-5, furnished by the Forest Service) 3. Number of felonies and types (can be listed in remarks column) 4. Copy of the submitted invoice B. For reimbursement of services provided under Section I-B-2 of this agreement, the following billing procedure will be used. Incident management personnel will prepare an Emergency Use Invoice and, upon concurrence of the Cooperator, will submit the invoice for payment along with all required documentation using normal incident business procedures. The designated representative, IMT official, or a designated forest incident business official, will approve the invoice and submit to the Albuquerque Service Center, Incident Finance, for payment along with a copy of the current Operating Plan. C. The Cooperator will be listed and remain active in the Central Contractor Registration database accessible through the internet at http://www.ecr.gov. The Cooperator will notify the Forest Service of any changes of their applicable account numbers or banking information to help ensure prompt payment. WHATCOM COUNTY CO UNCIL AGENDA BILL NO. AB 2 0 0 8 - 21 9 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 517108 6/ 3/ 2 0 0 8 Fin/Council Michael McFarlane V E D l� yr A MAY tt�n 7 2008 Division Head: Dept. Head: 517108 Michael McFarlane 11 WHAT C®M COUNTY COUNCIL. Prosecutor: bb��J _ Purchasin ud et: �} E.tecutive: �a og TITLE dF DO UMENT. Interlocal Cooperative Agreement between City of Lynden and Whatcom County (Parks & Recreation) ATTACHMENTS: Interlocal Cooperative Agreement between City of Lynden and Whatcom County (Parks & Recreation) SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. In consideration of the premises, and exchanged mutual benefits to be derived from this Agreement, LYNDEN hereby leases to the Parks & Recreation Department of WHATCOM COUNTY for use as a satellite Senior Citizen Activity Center, the Lynden Community Center and its associated designated parking areas. WHATCOM COUNTY will .not be charged any rent for the use of the premises or facilities as described. This Agreement shall run for a full term of five (5) years from January 1, 2008 through December 31, 2012. 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/counci1. 29 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 GSM C PAC-u'•'� �G.f, �SHING� MEMORANDUM TO: Pete Kremen, County Executive FROM: Michael G. McFarlane, Directo RE: Interlocal Cooperative Agreement with City of Lynden DATE: May 7, 2008 Michael G. McFarlane Director 1 MAY 15 2008 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the Interlocal Cooperative Agreement between City of Lynden and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose In consideration of the premises, and exchanged mutual benefits to be derived from this Agreement, LYNDEN hereby leases to the Parks & Recreation Department of WHATCOM COUNTY for use as a satellite Senior Citizen Activity Center, the Lynden Community Center and its associated designated parking areas. ■ Funding Amount and Source WHATCOM COUNTY will not be charged any rent for the use of the premises or facilities as described. This Agreement shall run for a full term of five (5) years from January 1, 2008 through December 31, 2012. ■ Differences From Previous Contract This is a similar agreement with a new five (5) year term. The previous agreement with City of Lynden was Contract No. 200301013. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement. Encl. 30 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. '9'0UF05-0t± Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: City of Lynden Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X If yes, RFP and Bid number(s) 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 $ N/A memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council and will need an agenda bill This Amendment Amount: $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services In consideration of the premises, and exchanged mutual benefits to be derived from this Agreement, LYNDEN hereby leases to the Parks & Recreation Department of WHATCOM COUNTY for use as a satellite Senior Citizen Activity Center, the Lynden Community Center and its associated designated parking areas. WHATCOM COUNTY will not be charged any rent for the use of the premises or facilities as described. This Agreement shall run for a full term of five (5) years from January 1, 2008 through December 31, 2012. Term of Contract: January 1, 2008 — Expiration Date: December 31, 2012 December 31, 2012 Contract Routing Steps & Sienoff.• (sign or initiall (indicate date transmitted 1. Prepared by: bnims Date_517108 [hard copy] 2. Attorney reviewed: �R, Date [hard copy 3. AS Finance reviewed. Date /�OS lhard copy] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made: _ Date [electronic] 6. Attorney signoff Date 7. Contractor signed: city of lynden Date 8. Submitted to Exec Office ,i _313108 Date S-/S-o8 [summary via 9. Reviewed by DCA Date e 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date hard copy printed electronic; hardcopies] 14. County Original to CouncilDate this form may need to expand to more than one page 31 ORIGINAL FILED FOR RECORD AT REQUEST OF AND RETURN ORIGINAL TO: WILLIAM J. VERWOLF, CITY ADMINISTRATOR CITY OF LYNDEN 323 FRONT STREET LYNDEN, WA 98264 ASSIG]vED/RELEASED DOCUMENTS: 1. None GRANTOR(S): 1. CITY OF LYNDEN GRANTEE(S) 1. WHATCOM COUNTY LEGAL DESCRIPTION: 1. 401 GROVER STREET LYNDEN, WASHINGTON, 98264 ASSESSOR'S PARCEL NUMBERS 1. 400 320 262 330 2. 400 320 254 328 NTY CONTRACT NO. _a00,F650 i5 LYNDEN COMMUNITY CENTER LEASE This Lynden Senior Center Lease is made and entered into by and between the CITY OF LYNDEN, Washington, a Washington non -charter code city, hereinafter referred to as "LYNDEN," AND WHATCOM COUNTY, a Washington charter home rule county, hereinafter referred to as "WHATCOM COUNTY' as follows: Whereas, LYNDEN owns the Lynden Community Center situated at 401 Grover Street in Lynden, Whatcom County, Washington: Whereas, WHATCOM COUNTY, through its Parks and Recreation Department, operates a program to coordinate benefits and activities for senior citizens at selected senior citizen centers strategically situated throughout Whatcom County; Whereas, from 1973 through 2007 LYNDEN leased to WHATCOM COUNTY the Lynden Community Center as one of its satellite facility Senior Citizen Activity Centers; 32 Lynden Senior Center Lease Page 2 Whereas, the parties have reached an accord relating to the extension of their relationship for a period of five (5) years, Now Therefore Come Now the parties hereto and covenant and agree as follows: 1. Lease Granted. In consideration of the premises, and exchange mutual benefits to be derived from this Agreement, LYNDEN hereby leases to the Parks and Recreation Department of Whatcom County for use as a satellite Senior Citizen Activity Center, the Lynden Community Center and its associated designated parking areas as herein before legally described. 2. Term. This Agreement shall run for a full term of five (5) years from January 1, 2008 through December 31, 2012. 3. Extent of Use. WHATCOM COUNTY's use of the Lynden facilities shall be nonexclusive - the same shall remain available to other public uses at scheduled and/or selected times for selected occasions and meetings at reasonable reserved times. In view of the same, WHATCOM COUNTY shall ensure that at the close of each use period the Lynden Community Center is neat, clean, tidy, and secured. In addition, LYNDEN shall not be responsible to WHATCOM COUNTY for theft, destruction or injury to tangible personal property left unsecured in the premises between senior citizen activities. WHATCOM COUNTY is required to obtain its own casualty insurance covering any tangible personal property on the premises. 4. Priority for Use. The relative priorities for use of the Lynden Community Center is as follows: A. Regular and special Lynden official meetings (e.g. City Council, Planning Commission, etc.) B. Public shelter during times of emergency as declared by the Mayor of Lynden. C. Regularly scheduled Lynden Senior Center daytime activities; D. Reserved evening, weekend or holiday event use by nonprofit organizations or service clubs (including special Lynden Senior Center events on first -come, first -served basis); and E. Other uses. 5. Scheduling of Users. Ultimate control of the building and scheduling its use shall remain with LYNDEN's City Council, with specific uses to be coordinated through the City 33 Lynden Senior Center Lease Page 3 Administration. The normal scheduling of the Lynden Community Center shall rest with WHATCOM COUNTY through the management contract between LYNDEN and the Lynden Council on Aging, and through priority of use as established in Section 4 above. 6. Alterations or Improvements. WHATCOM COUNTY shall make no alterations or improvements to the Lynden Community Center except upon prior approval of LYNDEN's City Council. LYNDEN will provide WHATCOM COUNTY at least thirty (30) days notice of any alterations or improvements that will affect WHATCOM COUNTY's use of the premises. 7. Consideration. WHATCOM COUNTY will not be charged any rent for the use of the premises or facilities as herein described. As consideration for this lease, WHATCOM COUNTY will employ a Senior Center Coordinator to assist with the management of the facility and pay partial operational costs for maintaining the building and parking areas of the Lynden Community Center. The obligation may be effected directly by Whatcom County or indirectly through the Lynden Council on Aging and its use of the Lynden Community Center. LYNDEN will not be responsible for these costs. LYNDEN will maintain the building structure and its components, including the heating plant, electrical service, and plumbing system. WHATCOM COUNTY will, to the extent reasonably available within the Parks and Recreation Department, provide minor assistance with electrical, kitchen appliance and building repairs, and general maintenance within the Lynden Community Center. LYNDEN and WHATCOM COUNTY staff must jointly agree on any of the above work to be performed at the Lynden Community Center. 8. Indemnity. WHATCOM COUNTY will enter, defend, save and hold harmless, and indemnify LYNDEN, its officer, agents and employees, from and against all claims, actions or demands made by third parties, including officers, employees, volunteers and agents, for any losses, injuries or damages asserted to have been incurred on account of the use, occupancy, programs, activities, or operation of the Lynden Community Center which occurred during, or as a result of one of Whatcom County's programs WHATCOM COUNTY agrees to maintain, at its own expense, for the benefit of LYNDEN, insurance against liability for damage or loss and against liability for personal injury or death, arising from acts or omissions of WHATCOM COUNTY, its agents and employees. Such policy or policies shall contain a provision whereby LYNDEN must receive at least thirty (30) Days prior written notice of any cancellation of WHATCOM CONTY insurance coverage. Within fifteen (15) days of execution of this Lease Agreement, WHATCOM COUNTY shall deliver to LYNDEN certificates or binders evidencing the existence of the insurance required herein. Failure to provide proof of the insurance at any time to the satisfaction of LYNDEN shall be grounds for termination of this Lease Agreement. 34 Lynden Senior Center Lease Page 4 WHATCOM COUNTY shall provide insurance coverage in amount not less than the following: (a) Combined single limit of One Million Dollars or (b) One Million Dollars per occurrence/ Two Million Aggregate LYNDEN will enter, defend, save and hold harmless, and indemnify WHATCOM COUNTY, its officer, agents and employees, from and against all claims, actions or demands made by third parties, including its own officers, employees, and agents, for any losses, injuries or damages asserted to have been incurred on account of the structure of the condition of the Lynden Community Center. WHATCOM COUNTY shall immediately notify LYNDEN of any dangerous structural condition that it or its employees or volunteers observes, and shall by barricade, closure or other effective means, prevent contact by its program operators and participants with the dangerous condition. 9. Independence of Parties and Employees. WHATCOM COUNTY and LYNDEN shall not be deemed hereby to become joint operators of the Lynden Community Center and the same shall remain the sole activity and responsibility of WHATCOM COUNTY. All employees and volunteers engaged in serving WHATCOM COUNTY in the operation of the Lynden Community Center shall not by this Agreement or the activities or programs contemplated herein, be construed to be employees, agents or volunteers serving LYNDEN. WHATCOM COUNTY shall ensure that all employees and volunteers coming into contact with kitchen equipment, lifting objects counseling people, providing transportation and/or administering other programs are at all times properly licensed and trained to do so, and are covered by State of Washington Employment Security and Labor & Industries programs. 10. Nondiscrimination. During the term of this Agreement, WHATCOM COUNTY shall comply with the provisions of Title VI of Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), Chapter 49.60 RCW, and Title I of the Americans with Disabilities Act (42 USC 12111-12117) as now or hereafter amended. WHATCOM COUNTY shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental or physical handicap in: A. Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part; and 35 Lynden Senior Center Lease Page 5 B. Denying an individual the opportunity to participate in any program contemplated by this Agreement through the provisions of services, or otherwise afforded others. In the event of WHATCOM COUNTY's noncompliance or refusal to comply with the above provisions, this Agreement may be rescinded, canceled, or terminated in whole or in part without penalty by LYNDEN. WHATCOM COUNTY shall, however, be given a reasonable time in which to cure such noncompliance. 11. Governing Law and Venue. This Lease Agreement has been and shall be construed as having been made and delivered within the State of Washington, and is mutually agreed that this Agreement shall be governed by the laws of the State of Washington and that any action or law or equity concerning this Agreement shall be instituted and maintained only in the Whatcom County Superior Court, Bellingham Washington . 12. Non -Waiver of Breach. Failure of either party at any time to require performance of any provision of this Agreement shall not limit such party's right to enforce such provision, nor shall any waiver of any breach of any provision of this Agreement constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. 11 Amendments. This Agreement may be altered, amended, supplemented or terminated at any time by mutual agreement of both parties hereto, but no right or interest herein may be pledged, assigned, or subleased without prior written mutual consent of both parties. In Witness Whereof, the parties have executed this Agreement on the day and year indicated. CITY OF LYNDEN 4 J_ 4, . JACK L WS a r Date Signed:�-?j—Cx& —�-�- WHATCOM COUNTY See attached Whatcom County Signature Page PETE KREMEN, Executive Date Signed: 36 Lynden Senior Center Lease ._ Page 6 ATTEST: Administrator APPROVED AS TO FORM: I ( -0 J City Attorney ATTEST: APPROVED AS TO FORM: County Attorney 37 Lynden Senior Center Lease Page 7 Executed as of the date first written above. WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM) On this day of , 2007, before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Given under my hand and official seal this day of , 2007. NOTARY PUBLIC in and for the State of Washington, residing in Bellingham My Commission expires: WHATCOM COUNT PARK & RECREATION DEPARTMENT . McFXefe, Director APPROVED AS TO FORM: Deputy Prosecut Attorney [LyndenLease2008] C Drive EXHIBIT "A" CITY OF LYNDEN LYNDEN COMMUNITY CENTER MANAGEMENT CONTRACT The City of Lynden (hereinafter known as "CITY") and the Lynden Council on Aging (hereafter known as "COUNCIL") hereby enter into this Management Contract: I DURATION OF CONTRACT The COUNCIL will operate the Lynden Community Center from January 1" through December 31" in consecutive years, ending December 31, 2012. II RESPONSIBILITIES OF THE CITY The CITY of Lynden will, during the term of this contract, provide the following enumerated services: 1. Effect and finance all repairs not caused by COUNCIL activities to the Lynden Community Center building and fixtures and maintain ongoing maintenance of the same. 2. The COUNCIL Manager and the CITY Building Inspector will jointly make quarterly inspections of the total facility, recording these inspections in a log book. 3. The City Building Inspector will serve as the CITY's liaison to the COUNCIL in all matters dealing with the repair and maintenance of the Lynden Community Center building. 4. Maintain property insurance on the COUNCIL facility. 5. Appoint one member to the COUNCIL Board. 6. Pay a management fee to the COUNCIL as established by the City Council in its annual budget allocation process. Payments equal to one -quarter the annual amount and payable on a quarterly basis, will be paid by the CITY to the COUNCIL. In addition to the CITY management fee, the COUNCIL will receive all receipts for facility usage, membership fees, rentals, United Way fluids, donations, etc. 39 Exhibit "A' Management Contract Page 2 III RESPONSIBILITIES OF THE COUNCIL The Lynden COUNCIL on Aging Board of Directors will manage, in total, all facets of the operation,.more specifically as follows: The COUNCIL President will be the Chief Executive Officer of the Operation. 2. The COUNCIL, together with the Center Management, will be in full charge of all facets of the operation of the Center. 3. The COUNCIL will insure that the facility is kept clean and maintained. 4. The facility will be operated up to six (6) days per week from 9:00 a.m. to 5:00 p.m., Monday through Saturday, as a minimum operating time period. Additional times (to include hours or days) may be specified by the Board of Directors. The facility will be operated fifty-two (52) weeks of the year. National holidays during which the facility will be closed will be set by the COUNCIL Board of Directors. 5. Recommend to the CITY the continuance or the discontinuance of this management contract upon those occasions of renewal. 6. The COUNCIL will review and revise, as necessary, an operation budget prepared by the Center staff. IV MISCELLANEOUS 1. This contract shall remain in effect for the stated duration unless one of the parties provides the other, in writing, at least sixty (60) days prior to January 1 of any year, of its intention to terminate the contract. Upon timely provision of such notice of termination, the contract shall terminate at year end. 2. Mutual. agreement of the Lynden CITY Council and the Lynden COUNCIL on Aging Board of Directors may modify this contract. Any mutually agreed upon change will be in written form signed by each party and added as an addendum to the contract that is currently in force at the time of the change. 3. The COUNCIL maintains and agrees to maintain at its own expense, for the benefit of the CITY, as additional insured, insurance against liability for damage for loss and against liability for personal injury or death, arising out of or omissions of the COUNCIL its agents and employees. Such policy or policies shall contain a provision whereby the CITY must receive at least thirty (30) days' prior written notice of any cancellation of the COUNCILS insurance coverage. Prior to the commencement of this contract, the COUNCIL shall deliver to the W Exhibit "A' Management Contract Page 3 CITY certificates or binders evidencing the existence of the insurance required herein indicating the CITY as an additional insured. Failure to provide proof of the insurance at any time to the satisfaction of the CITY shall be grounds for termination of this contract. The COUNCIL shall provide insurance coverage in amounts not less than the following: a) Combined single limit of One Million Dollars or b) One Million Dollars per occurrence / Two Million Dollars aggregate 4. The CITY of Lynden agrees to hold the Lynden COUNCIL harmless from any liability incurred by reason of negligence or wrongful act of the CITY or any CITY employee. 5. This agreement contains all the terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this contract. 6. During the term of this agreement the COUNCIL agrees that no person shall on the grounds of race, creed, color, national origin, sex, marital status, age, religion, or on the presence of any sensory, mental or physical handicap, be excluded from full employment right with the COUNCIL nor from representation by the COUNCIL. Neither shall the COUNCIL discriminate against any employee nor applicant for employment for the above reasons, provided the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular work involved. 7. The COUNCIL shall not assign or subcontract any portion of the services provided under the terms of this contract without obtaining prior written approval from the CITY. All terms and conditions of this contract shall apply to any approved subcontract or assignment related to this contract. 8. The parties intend that this contract shall create an independent contractor relationship between the COUNCIL and the CITY. No agent, employee servant or representative of the COUNCIL shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose whatsoever, and no employee of the contractor will be entitled to any benefits of CITY employment. The contractor will solely and entirely be responsible for its acts and for the acts of its agents, employees, servants and/or sub -contractors during the term of this contract, and for all applicable taxes including State of Washington Labor & Industries and Unemployment coverage on all employees and volunteers. In the performance of the services herein contemplated, the COUNCIL and its agents or employees shall be deemed to be an independent contractor with the 41 Exhibit "A' Management Contract Page 4 authority to control and direct the performance of the details of the work, subject however, to direction by the CITY, and the CITY's right of inspection and review. 9. This contract has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually agreed that this contract shall be governed by the laws of the State of Washington and that any action in law or equity concerning the contract shall be instituted and maintained only in the Whatcom County Superior Court, Bellingham Washington. 10. Non -Waiver of Breach. Failure of either party at anytime to require performance of any provision of this contract shall not limit such party's right to enforce such provision, or shall any waiver of any breach of any provision of this contract constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. 11. It is understood and agreed by the parties that should any part of this contract be determined to be illegal, the validity of the remaining provisions shall be construed as if the agreement did not contain the illegal part. DATED this day of 52008. CITY OF LYNDEN LYNDEN COUNCIL ON AGING By _ ---� By Call �-- Mayor President AT Div_ ity Clerk APPROVED AS TO FORM: City Attorney ATTEST: �a;" (� Secretary 42 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2008-220 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JN'r � 08 6/3/08 Finance J. Thompson ��/ l n D J \`U/ vN.i Division Head: 6/3/08 Council 5, J Hutchings MAY 2 7 2008 F. ad: Abart Prosecutor: D. Gibson H ETC 01 COUNTY Purchasing/Budget: B. Bennett � � s�$ � 9 C O U N C � L Executive: P. Kremen � TITLE O DOC ME T.- Acme Early Chinook Restoration Project Grant Agreement with the State of Washington Salmon Recovery Funding Board ATTACHMENTS: ■ SRFB Salmon Project Agreement ■ Post Evaluation Project Summary ■ Eligible Reimbursement Activities Report ■ Milestone Report ■ Form A-19, Invoice Voucher ■ Press Release Template ■ General Provisions SEPA review required? ( ) Yes ( X ) NO SEPA review required? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO 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 requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Project Grant Agreement will provide $588,240 in grant funding from the Salmon Recovery Funding Board matched with $I00,000 from Whatcom County Flood Fund and $150,000 in match to be identifiedprior to construction start Funds will be used to restore complex pool habitat and bank cover using logjams to benefit ESA -listed early Chinook and other salmon while reducing bank erosion along the South Fork Nooksack River east of Acme. 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.wauslcouncil. 43 WHATCOM COUNTY CONTRACT INFORMA TION SHEET Whatcom County Contract No. doOFOS-0 35 Originating Department: Public Works — Stormwater / River & Flood Contract Administrator: John N. Thompson, Senior Planner Contractor's /Agency Name: Salmon Recovery Funding Board Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) RCO #07-1790R CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) 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 $ 838,240.00.00 This Amendment Amount: memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services This Project Grant Agreement will provide $588,240 in grant funding from the Salmon Recovery Funding Board matched with $100,000 from Whatcom County's Flood Fund and $150,000 in match to be identified prior to project start. Funds will be used to restore complex pool habitat with logjams to benefit ESA - listed early Chinook and other salmon while reducing bank erosion along the South Fork Nooksack River east of Acme. Term of Contract: Expiration Date: 413012010 Contract Routiniz Steps & Siznoff !sign or initial! !indicate date transmitted) 1. Prepared by: Remy Stratton Date 5/16/08 [electronic] 2. Attorney reviewed: , a.r. f, � 1 Date 169' [electronic] 3. AS Finance reviewed: Date [electronic) 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] 6. Attorney signoff.- Date 7. Contractor signed: Date 8. Submitted to Exec Office ��_ Date ,S-2Z-&g [summary via 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; - Date 14. County Original to Council Date this form may need to expand to more than one page hard copy printed electronic; hardcopiesj MI WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM PUBLIC WORKS ADMINISTRATION 322 N. Commercial St., Suite 210Bellingham, WA 98225 Phone # (360) 676-6692 Fax # (360) 738-4561 www. co.whatcom.wa. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County FCZD Board of Supervisors THROUGH: Frank M. Abart, Public Works Director`l�'44 to FROM: Jon Hutchings, Public Works Assistant Director-k RE: Acme Early Chinook Restoration Project Grant Agreement with State of Washington Salmon Recovery Funding Board (SRFB) DATE: May 16, 2008 Please find enclosed for your review and signaturetwo (2) originals of the Acme Early Chinook Restoration Project Grant Agreement (RCO #07-1790R) between the Salmon Recovery Funding Board and Whatcom County Flood Control Zone District. ■ Background and Purpose This grant from the Salmon Recovery Funding Board will assist Public Works to restore complex pool habitat with logjams to benefit ESA -listed early Chinook and other salmon while reducing flood damage in the river reach just east of Acme in the South Fork Nooksack River. The log structures will provide cover, scour pools, and exploit emergent groundwater to help moderate summer and fall pool water temperatures in the South Fork. The logjams will also allow perennial flow into seasonally dry lower reaches of Landingstrip Creek while reducing the potential for a major channel shift. Erosion of the riverbank this past winter and anticipated this next winter will necessitate design updates. The updated designs will be available later this year or early next and will provide a final detailed project budget. Easements required to accomplish the project have not yet been obtained from the private landowners but will be necessary for the project to proceed. If easements are not obtained, other project options may be pursued subject to local and Salmon Recovery Funding Board approvals. ■ Funding Amount and Source This new agreement provides $588,240.00 in grant funds reimbursable from the Salmon Recovery Funding Board. Whatcom County will provide $250,000 in match from the Flood Fund to be included in the proposed 2009 budget. Although this agreement requires'a3250,000 county match, it is our intent to reduce the County's contribution to just over $100,000. Our contribution will be decreased by identifying design efficiencies to implement the full scope for a lesser cost or to reduce the project scope. The minimum required match for this program is 15 percent. This agreement takes effect once signed and expires April 30, 2010. Please contact John N. Thompson at extension 50695 or inthomps(a,co.whatcom.wa.us if you have any questions or concerns regarding the terms of this agreement. Enclosures 45 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: Frank M. Abart, Public Works Director FROM: John N.-rhompson, L.E.G., Senior Planner/ESA CC: Jon Hutchings, Assistant Director DATE: May 22, 2008 322 N. Commercial St., Suite 201 Bellingham, WA 98225 Phone # (360) 676-6692 Fax # (360) 738-4561 www.co.whatcom.wa.us RE: Acme Early Chinook Project Match and Large Wood Debris Bid History The purpose of this memo is to describe the match requirements, large woody debris bid history, and match options for the Acme Early Chinook Restoration project. The Puget Sound Acquisition and Restoration (PSAR) Project Agreement for approval at the June 3 Council meeting totals $838,240. Of this $588,240 (70.18%) is grant award and $250,000 (29.82%) is sponsor match. Match included a $150,000 EPA grant through the Nooksack Tribe with the County to provide $100,000. The Nooksack Tribe reprogrammed the EPA funds when County staff informed them in mid -April that the project was canceled due to property easement issues. Furthermore, the EPA informed tribal staff that the funding could not be extended beyond the end of 2008. Construction would happen in 2009. The County is thus obligated to a match requirement of $150,000 more than originally anticipated The consultant estimated $345,000 for 230 pieces of large woody debris to build the project as currently designed. The County advertised a bid for proposals to provide the specified wood on March 19, 2008. Award Construction was the sole bidder at $240,823.80. The bid amount was $104,176 less than the design estimate. The bidder was notified on April 25, 2008 that the project was canceled and all bids rejected. The final design will provide revised materials and construction costs. We know that the current design will need to be adapted to account for site changes prior to the summer 2009 construction season. Assuming a similar project scope, it is anticipated that wood costs lower than originally estimated will help cover the match gap. If wood prices are similar and if we are able to subsequently amend the grant agreement to the'minimum match requirement of 15%, approximately $.15,000 - $25,000 of additional match will need to be budgeted. An alternative is to amend the project scope to reduce the total project budget such that the 29% match requirement is met with the $100,000 already budgeted and the total project budget is reduced. Please note that approval of an amendment is not guaranteed. However, if the final design accomplishes the salmon habitat restoration objectives originally proposed and a clear rationale is provided for the proposed changes, then it is likely that local and state approvals could be obtained. W PSAR Project Agreement Salmon Funding Accounts Project Sponsor: Whatcom County FCZD WHATCOM COUNTY CONTRACT N0. aoo U5o3 Project Number: 07-179OR Project Title: Acme Early Chinook Restoration - Implementation Approval Date: 12/13/2007 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504-0917 and Whatcom County FCZD, 322 North Commercial St., Suite 110, Bellingham, WA 98225 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is administered by the SRFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended for a minimum of five (5) years, or more as specified in the Landowner Agreement, after the final payment unless the site or facility is rendered unusable for the purpose it was intended by an act of nature. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on December 13, 2007 and end on April 30, 2010. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed $588,240.00. The SRFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: SRFB - Puget Sound Acq. & Restoration Project Sponsor Total Project Cost Percentage 70.18% 29.82% Dollar Amount $588,240.00 $250,000.00 100.00% $838,240.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. PSAR Project Agreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 1 of 2 PROJACtiR. R PT 47 I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact Name: John Thompson Title: Senior Resource Planner Address: 2011 Young Street,Suite 201 Bellingham, WA 98225 SRFB Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 www.rco.wa.gov/srfb/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIREAGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project #07-1790R, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREAT AND C S TION OFFICE (�Q BY: DATE: Kaleen Cottingh m Director PROJECT SPONSOR BY: d" DATE: TITLE: Pre -approved as to form: BY: /S/ Assistant Attorney General PSAR Project Aqreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 2 of 2 PROJAGR.RPT 48 WHATCOM COUNTY: Recommended for Approval: rank M. Abart Date Public Works Director Approved as to form: Y Daniel L. Gibson Date Assistant Chief Civil Deputy Prosecutor Approved: By: Pete Kremen, Whatcom County Executive and Chairman of the Board of Supervisors Whatcom County Flood Control Zone District STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County and Chairman of the Board of Supervisors of the Whatcom County Flood Control Zone District, 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 Puget Sound Acquistion & Restoration Fund r U9mm RECRERIION Puget Sound Recovery Projects Post -Evaluation Project Summary TITLE: Acme Early Chinook Restoration - Implementation NUMBER: 07-1790R (Restoration) STATUS: Board Funded SPONSOR: Whatcom County FCZD EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Puget Sound Acq. & Restoration $588,240 70% Force Acct - Equipment Local $250,000 30% Grant - Federal Total $838,240 100% DESCRIPTION: The Acme Early Chinook Restoration project is located on the South Fork Nooksack River at the community of Acme. The project will restore complex pool habitat with logjams along 600' in the South Fork, remove—150'of riprap, and improve floodplain tributary habitat connectivity and complexity in lower Landingstrip Creek. Priority species and life stages to benefit include adult and juvenile natural origin early chinook salmon, migrating and foraging bull trout, rearing juvenile steelhead, and other salmonids consistent with WRIA 1 Salmonid Recovery Plan priorities. The complex log structures will provide cover, scour pools, and exploit emergent groundwater to moderate summer and fall pool water temperatures in a reach where elevated temperature is a recognized limiting factor for ESA listed early chinook. The jams will also meter and promote perennial flow into the seasonally dry lower reaches of Landingstrip Creek. The Acme community supports the habitat goals of the project & also benefits as the jams will maintain the current alignment of the river through a bend & under the SR 9 bridge by roughening the bank & encouraging flow, but not avulsion, through the slough. This project complements associated restoration that includes land acquisition, building removal, and replanting of riparian vegetation on a flood prone property by the County, up and downstream engineered logjams, and tributary passage and riparian restoration projects in Landingstrip Creek. The restoration design was developed in SRFB grant 06-2256N. LOCATION INFORMATION: Just upstream of SR 9 bridge in Acme, WA COUNTY: Whatcom GOAL & OBJECTIVE: The goal of the project is to improve instream morphology and habitat in salmon bearing streams. The objective of the project is to increase instream cover, spawning, and resting areas. SALMON INFORMATION: (* indicates primary) Species Targeted Bull Trout Chinook (Threatened (06/06))* Chum (Not Warranted (06/06)) Coho (Species of Concern (06/06)) Habitat Factors Addressed Channel Conditions* Floodplain Conditions FISCAL YEAR: 2008 Cutthroat Pink Sockeye Steelhead (Proposed Threatened (06/06)) Riparian Conditions Water Quality DATE PRINTED: April 3, 2008 Acme Early Chinook Restoration - Implementation 50 � Interageney Camm�ttee fair (ROM Eligible Reimbursement Activities Report RECRERTION Project Sponsor: Whatcom County FCZD Project Number: 07-1790 R Project Title: Acme Early Chinook Restoration - Implementation Approval: 12/13/2007 Restoration Items: Worksite Element Item Unit Quantity Description 91, Acme Architectural & Engineering A & E development Lump Sum 1.00 91, Acme In -Stream Habitat Complex log jams Each 32.00 Quantity- 7 large/25 small Install jams along South Fork a #1, Acme In -Stream Habitat Dike removal/setback Linear ft 150.00 Remove existing left bank armor #1, Acme In -Stream Habitat Riparian plant installation Sq it 33,750.00 Site prep, bioengineering, seeding, plants, planting ELIGREIM.RPT April 3, 2008 Page: 1 51 /aaraggg Committee far k RE BE�flI'IQR Project Number: Project Name: Sponsor: Project Manager: Milestone Report By Project 07-1790 R Acme Early Chinook Restoration - Implementation Whatcom County FCZD Marc Duboiski x Milestone Target ..Comments/Description Project Start 12/13/2007 i Special Conditions Met 01/29/2008 Compliance with Executive Order 05-05 (cultural resources) was met via the Department of Archaeology & Historic Preservation letter concurring that this project is exempt. Applied for Permits 02/01/2008 I A&E Plans Submitted 06/30/2008 1 Construction Started 06/30/2008 Assume all permits and materials in hand. Annual Project Billing 07/31/2008 Annual Project Billing 07/31/2009 Monitor/Steward Plan Submitted 09/30/2009 Monitoring Complete 09/30/2009 I Construction Complete 10/31/2009 Allows for construction delays and project completion given short "in -stream fish window." I Project Complete 04/30/2010 Final Does/Billing to Mgmt Agy 06/30/2010 X = Milestone Complete I = Critical Milestone 1MILESTOAPT April 03, 2008 Page: 1 52 General Provisions Table of Contents Page A. Heading and Definitions .Section 1. Headings and Definitions ...................... ........ ............................................ ......:........ 1 B. Performance and Requirements (General Responsibilities) Section 2. Performance by Sponsor .................................................................................... :....2 .Section 3.: Assignment.............................................................................................................2. Section 4. Responsibility for Project.......................................:.................................................2 Section 5. Indemnification ..................................... :................................................................. 2 Section 6. Independent Capacity of the Sponsor.....................................................................2 Section 7. Conflict of Interest..................:.................................................................I..............2 Section 8. Acknowledgment and Signs...................................................................................3 C. Compliance with Laws, Records, and Inspections Section 9. Compliance with Applicable .Law ............................................................................. 3 Section 10. Records Maintenance ............... ................................................................................ 4 Section 11. Access to Data.......................................................................................................4 Section 12. Treatment of Assets Section 13. Right of Inspection..................................................................................................4 Section 14. Stewardship and Monitoring...................................................................................5 Section 15. Debarment Certification ........................... .................................................. ..5 D. Funding, Reimbursements Section16. Project Funding.....................................................................................................5 Section 17. Project Reimbursements........................................................................................5 Section 18. Advance Payments................................................................................................5 Section 19. Non -availability of Funds......................................................................... ..........6 Section 20. Recovery of Payments ............... :......... :.................................................................. 6 Section 21. Covenant Against Contingent Fees........................................................................6 E. Acquisition and/or DevelopmenVRestoration Section 22. Provisions Applying to Development/Restoration Projects....................................6 Section 23. Provisions Applying to Acquisition Projects............................................................7 Section 24. Hazardous Substances...............................................................................I..........7 F. Facility Uses and Fees Section 25. Restriction on Conversion of Facility to Other Uses...............................................8 Section 26. Construction, Operation, Use and Maintenance of Assisted Projects ...................9 Section 27. Income and Income Use ...... ..................................... :............................................. 9 Section 28. Preferences for Residents.......................................................................................9 G. Special Provisions Section 29. Provisions Related to Non -Profit or Not -For -Profit Sponsors...............................10 Section 30. Liability Insurance Requirements for Firearm Range Sponsors ...........................10 Section 31. Requirements of the National Park Service......................................................10 . 53 H. Remedies and Disputes Section 32. Order of Precedence............................................................................................11 Section 33. Amendments........................................................................................................11 Section 34. Limitation of Authority............................................................. Section35. Waiver of Default ................... :.............................................................................. 11 Section 36. Application Representations —Misrepresentations or Inaccuracy or Breach .......11 Section 37. Termination and Other Remedies.......................................................................11 Section 38. Termination for Convenience.................................................................................12 Section39. Dispute Hearing ................................................. ............. :..................................... 12 Section 40. Attorneys' Fees......................................................................................................12 Section 41. Governing Law/Venue..........................................................................................13 Section 42. . ............................. Severability........................................................................ ......13 54 April 15, 2002 - Page 1 General Provisions SECTION 1. HEADINGS AND DEFINITIONS A. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement, B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property.. Agreement - The accord accepted by all parties to the present transaction; the Agreement, supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner agreement between the Funding Board and a Sponsor. Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the Funding Board. Application - The forms and support documents approved by the Funding Board or its Director for use by applicants in soliciting project funds administered by the Office. Asset — Equipment purchased by the Sponsor or acquired or transferred to the, Sponsor for the purpose of this Agreement. This definition is restricted to non -fixed assets, such as vehicles, computers or machinery. Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of the eligible activities for this projects under a separate Agreement with the Sponsor. The term "Contractor" and "Contractors" means Contractor(s) in any tier, Development/Restoration - The construction, renovation, redevelopment, or installation of facilities to provide for outdoor recreation or natural resources. Director - The Office Director or the Director's designee. Funding Board — As identified in Paragraph A in the Agreement as either the (1) Interagency Committee for Outdoor Recreation (IAC) - The committee created under Chapter 79A.25.110 RCW includes eight members. Three are agency heads: the Commissioner of Public Lands, the Director of Parks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by appointment of the Governor with the advice and consent of the Senate, are members of the public at large who have demonstrated interest in and a general knowledge of outdoor recreation in the state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110 RCW, is comprised of five governor -appointed voting members (one a cabinet -level appointment) and five non -voting state officials: the Commissioner of Public Lands, the Secretary of Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) = The independent Board established by Congress to ensure hatchery reform programs in Puget Sound and Coastal Washington are scientifically founded and evaluated. Office - Office of the Interagency Committee - The Office provides support to the IAC, SRFB, and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.'85.110 and 79A.25.240 RCW. Landowner Agreement — A landowner agreement is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery projects. Milestone — Important.date(s) tracked in the Agreement for monitoring the Project status. Period of. Performance - The time period specified in the Agreement, under Section E, Period of Performance. Post Evaluation Summary - One of the documents used to summarize and describe the actions untaken in the Agreement. Project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by the Office on behalf of the Funding. Board. S onsor - The applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees and agents. 55 April 15, 2002 - Page 2 General Provisions SECTION 2. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the Project as described in this Agreement, Post Evaluation Summary, the Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the Funding. Board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 26: Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written consent of the Funding Board. SECTION 4. RESPONSIBILITY FOR PROJECT While the Funding Board undertakes to assist the Sponsor with the Project by providing a grant pursuant to this Agreement, the Project itself remains the sole responsibility of the Sponsor. The Funding Board undertakes no responsibilities to the Sponsor, or to any third party, other than as is'expressly set out in this Agreement. The responsibility -for the implementation of the Project, as those phases are applicable to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of. any nature by any third party related in any way to the Project. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law, the Sponsor expressly agrees to and shall indemnify, defend and hold harmless the State and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature arising out of or incident to the Sponsor's or any Contractor's performance or failure to perform the Agreement. Sponsor's obligation to indemnify, defend and hold harmless also includes any claim by Sponsor's agents, employees., representatives or any Contractor or its employees. Sponsor's obligation to defend includes payment of any costs or attorneys"fees. Sponsor's obligation shall not include such claims that may be caused by the sole negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the Sponsor, its Contractors; agents, or employees, this indemnity provision shall be valid and.enforceable only to the extent of the negligence of the Sponsor or its Contractors; agents, or employees. The Sponsor expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the State and its agencies, officials, agents or employees. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not employees or -agents of the Funding Board or the Office. The Sponsor will not hold itself out -as nor claim to be officer or employee of the Office or of the state of Washington by reason hereof, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B.16 RCW. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by.the.Executive Ethics Board or other tribunal, the -Office may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after. due notice.. and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Sponsor in the procurement of, or performance under this Agreement. In the event this Agreement is terminated as provided above, the Office shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the 56 April 15, 2002 - Page 3 General Provisions Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Office makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes Hearing" clause of this Agreement.. In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be, entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Funding Board or'the Office makes any determination under this clause may be reviewed as provided in the "Disputes" clause of this Agreement. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the program to this Project in any release or other publication developed or modified for, or referring to, the Project. B. Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other locations on the Project which acknowledge the program's funding contribution, unless exempted in Funding Board policy or waived by the Director. C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: 1. The percentage of the total costs of the Project that is financed with federal money; 2. The dollar amount of federal funds for the Project; and 3. The percentage and dollar amount of the total costs of the Project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The Sponsor will implement the Agreement in accordance with applicable federal, state_ , and local laws and regulations. The Sponsor shall.comply with, and the Office is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to, State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor maybe declared ineligible for further grant awards from the Funding Board. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to.so comply with applicable law. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. 57 April 15, 2002 - Page 4 General Provisions No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding, Sponsor shall not commence with clearing of riparian trees or in -water work unless and until an ESA consultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation of this paragraph shall not be the basis for any enforcement responsibility by the IAC. SECTION 10. RECORDS MAINTENANCE The Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by the Office, personnel duly authorized by the Office, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. SECTION 11. ACCESS TO DATA In compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated. under this Agreement to the Office, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. When the Sponsor discontinues use of the asset(s) for the purpose for which it was funded, the Office will. require the Sponsor deliver the asset(s) to the Office, dispose of the asset according to agency policies, or return the fair market value of the asset(s) to the Office. Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by the Office in writing. B. The Sponsor shall be responsible for any loss or damage to assets which results from the negligence of the Sponsor or which results from the failure on the part of the Sponsor to maintain and administer that property in accordance with sound management practices. SECTION 13. RIGHT OF INSPECTION The Sponsor shall provide right of access to its facilities to the- Office, or any.of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement.. If a Landowner Agreement. has been executed, it may further stipulate and define the Funding Board and the Office's right to inspect and access lands acq.Uired or developed with Funding Board assistance. April 15, 2002 - Page 5 General Provisions SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, where applicable and financially feasible,. any monitoring protocols recommended by the Funding Board. SECTION 15. DEBARMENT CERTIFICATION The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this*Agreement by any Federal department or agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this Agreement shall be incorporated into this Agreement by reference. SECTION 16. PROJECT FUNDING A. Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar amount as identified in this,Agreement, unless an additional amount has been approved in advance by the Funding Board or Director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the effective date of this Agreement shall be eligible for grant funds, in whole or- in part, unless specifically provided for by Funding Board policy. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. Compliance and Payment. The obligation of the Office to pay any amount(s) under this Agreement is . expressly conditioned upon strict compliance with the terms of this Agreement. by the Sponsor. B. Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed and approved by the Director. A Project is considered "complete" when: 1. all approved or required activities outlined in the Agreement are complete; 2. on -site signs are in place (if applicable); 3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement; 4. the completed Project has been*approved by the Office; 5. final amendments have been processed; and .6. fiscal transactions are complete. C. Invoice Frequency. Invoices are required at least once a quarter from state agencysponsors and at least once a year from all other sponsors. The, year-end invoice should include expenditures through June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final reimbursement requests should be submitted to the Office within ninety (90) days of the completion of the Project, funding end date, or the termination date, whichever comes first. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to salmon grants and must comply with SRFB policy. 59 April 15, 2002 - Page 6 General Provisions SECTION 19. NON -AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this Agreement are not appropriated by the Washington State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management (OFM) to the Office for expenditure for this Agreement in any biennial fiscal period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this section for a continuous period of one year, the Office's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this. section is not- subject to appeal by the Sponsor. SECTION 20. RECOVERY OF PAYMENTS In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, the Office reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity: The Sponsor shall reimburse the Office for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by the Office. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 21. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement uponan agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of this clause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provisions shall be in force only if the Project described in this Agreement is for development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all, construction plans and specifications to the Office for review. Review and approval by the Office will be for compliance with the terms of this Agreement. B. Contracts for Construction. Sponsor shall award all contracts for construction using whatever method is appropriate and legal for the Sponsor. C. Construction Contract Change Order. Only change orders that significantly reduce or change the scope of the Project as described to and approved by the Funding Board or the Office must receive prior written approval. D. Control and Tenure. Appropriate control and tenure of the land proposed for use must be executed and documented. E. Nondiscrimination. acept where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this Project "During the performance of this contract, the Sponsor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." ME April 15, 2002 - Page 7 General Provisions SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the Project described in this Agreement is for the acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has been established per Funding Board policy. B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or instruments which contain: 1. the legal description of the property acquired under this Agreement; 2. a conveyance to the State of Washington of the right to use the described real property forever for the purpose identified in the Agreement; and 3. a requirement to comply with applicable statutes, rules, and the Funding Board policies with respect to conversion of use. D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an instrument or instruments that contain: 1. The legal description of the conservation easement acquired under this Agreement; 2. An assignment to the State of certain rights for access to and stewardship of the property covered by the conservation easement; 3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the provisions of the conservation easement; and 4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the conservation easement. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act; PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this. Agreement, the Sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and. Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010 RCW), and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this Project, the.Sponsor agrees to provide any housing and relocation assistance required. SECTION 24. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (7) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); 4. Petroleum or petroleum products; and 61 April 15, 2002 - Page 8 General Provisions 5. Any substance or category of substances, including solid waste decomposition products, determined by the director [or director's designee of the department of ecology] by rule to present a threat to human health or the environment if released into the environment. 6. The term hazardous substance does not include any of the following when contained inan underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certify: (1) No hazardous substances were -found on the site, or (2) Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." C. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. D. Hold Harmless. The Sponsor will defend, protect and hold harmless the Office and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property being acquired. SECTION 25. RESTRICTION ON CONVERSION OF FACILITY TO OTHER USES The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to this Agreement to uses other than those purposes -for which assistance was originally approved, without the approval of the Funding Board or Director, in compliance with applicable statutes, rules, and Funding Board policies as identified in this Agreement. It is the intent of Funding Board's conversion policy that all lands acquired and all lands developed with funding assistance from the Funding Board remain in the public domain in perpetuity unless otherwise identified in the Agreement. A. By Funding Board policy a conversion may occur under any of the following circumstances: . 1. Conveyance. Property interests are conveyed for purposes inconsistent with the intent of the Agreement and the funding source. 2. Use. Non -eligible uses (public or private) are made of the Project area, or portion thereof. 3. Eligibility. Non -eligible facilities are developed within the Project area without prior approval of the Funding Board or the Office. 4. Termination of Use/Non-Conformance. The property acquired or project developed no longer meets or conforms to the intent of the Agreement or the funding source. B. Element Change. When approved by the Funding Board or Director, certain elements may be deleted from the Agreement without invoking the requirement to replace the elements. Such deletions are allowed when the Funding Board or Director determines that the elements are not needed or cannot - be retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached 5. Fire 6. ' Property or property rights lost as a result of legal action 7. ICC National Trails System Act reversion order (!National Trails System Act 8(d), 16 U.S.C. § 1247(d); WAC 286-27-060(2)): 62 April 15, 2002 - Page 9 General Provisions SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with Funding Board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: E. Follow all state and federal accessibility guidelines. F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. G. Be available for use at reasonable hours and times of the -year, according to the type of area or facility. SECTION 27. INCOME AND INCOME USE A. Income. 1. Compatible source. The source of any income generated in a Funding Board assisted Projector project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees maybe charged in connection with land acquired or facilities developed with Funding Board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunity(ies) furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety, classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.252.210 RCW). B. Income use. Regardless of whether income or fees in a Funding Board -assisted area (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue may only be used to offset: 1. the Sponsor's matching funds; and/or 2. the Project's total cost; avid/or 3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the Funding Board grant; and/or 4. the expense of operation, maintenance,stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; and/or 5. capital expenses for s.imilar acquisition and/or development. SECTION 28. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the Funding Board discourages the imposition of differential fees. Fees for nonresidents mush not exceed twice the fee imposed on residents. Where there,is no fee for residents.but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. 63 April 15, 2002 - Page 10 General Provisions SECTION 29. PROVISIONS RELATED TO NON-PROFIT OR NOT -FOR -PROFIT SPONSORS A non-profit or not -for -profit organization sponsor shall: A. Maintain a non-profit or not -for -profit status (including registering with the Washington Secretary of State) throughout the Sponsor's obligation to the Project as identified in this Agreement. B. Notify the Office prior to dissolution and within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. The Office will process an amendment transferring the Sponsor's obligation to the qualified successor. C. Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for any reason, the Project will be considered converted or a failed project, and be subject to all remedies available to the Funding Board and the Office. SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS A. The Sponsor' shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the Funding Board, and the Office as additional insureds and shall be in a form approved by the Funding Board or Director. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to the Project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to the Office not less than thirty. (30) calendar days .in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the Sponsor. E. The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state, . or municipal government which has established a program of self-insurance or a policy of self- insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as apart of its application to the Funding Board. F. By this requirement, the Funding Board and the Office does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based upon such death, injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by law. SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the Project has been approved by the National Park Service, United States Department of the Interior, for assistance from the Federal i-and and Water Conservation Fund'(LWCF), the Agreement General Provisions in Section 660.3 Attachment B of the L&WCF Grants -in -Aid Manual as now existing or hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these Agreement General Provisions. Further, the Sponsor agrees to provide the Office with reports or documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the L&WCF Grants -in -Aid Manual. ' As used in this Section, Sponsor refers to,Firearms Range Sponsors. E April 15, 2002 - Page 11 General Provisions SECTION 32. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal'and/or state statutes, regulations, policies and procedures including applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B. Project Agreement including attachments; C. Additional Provisions or Modifications of General Provisions; D. General Provisions. SECTION 33. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SECTION 34. LIMITATION OF AUTHORITY Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the Office. SECTION 35. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the Director, or the Director's designee, and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 37. TERMINATION AND OTHER REMEDIES The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in its application for a grant as finally approved by the Funding Board. The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to the Sponsor under this Agreement: A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; or B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion of the Project by the completion date set out in this Agreement. In the event this Agreement is terminated by the Funding Board or Director, under this section or any other section after any portion of the grant amount has been paid to the Sponsor under this Agreement, the Funding Board or Director may require that any amount paid be repaid- to the Office for redeposit into the account from which the funds were derived. 65 April 15, 2002 - Page 12 General Provisions The Funding Board and .the Office may enforce this Agreement by the remedy of specific. performance, which usually will mean completion of the Project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the Office. No remedy available to the Funding Board or the Office shall be deemed exclusive. The Funding Board or the Office may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 38. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, the Office may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, the Office shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 39. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the Funding Board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. 'rhe dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the Director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed upon, the third person shall be chosen by the Funding Board's Chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based upon written. material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of ,the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 40. ATTORNEYS' FEES If either party brings litigation to enforce any term or condition of this Agreement, or as a result of this - Agreement, the prevailing party shall be awarded its 'reasonable attorneys' fees together with necessary fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be determined by the court and not a jury. April 15, 2002 - Page 13 General Provisions SECTION 41. GOVERNING LAW/VENLIE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe, the following Governing. LawNenue applies: A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington.. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not. be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. B. Any judicial award, determination, order, decree or other relief, whether in law,or equity or otherwise, resulting from the action shall be binding and enforceable upon the parties. Any money judgment or award against the Tribe, tribal officers and members, or the State of Washington and its officers and employees may not exceed the amount provided for in Section F- Project Funding of the Agreement. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the State of Washington has waived its immunity to suit in state. court. These waivers are only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. SECTION 42. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity .of the remainder of the Agreement. 67 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2008-221 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator. 5/23/08 n V E C E�� p E ID6/03/08 lRl I� I� MAY 2 2 2008 WHATCOM COUNTY 1 COUNCIL Fin / Cnc 1 Division Head: Dept. Head: Kd` �� Prosecutor. • Purchasing/Budget: A6 15/23/08 Executive: W C -O TITLE OF DOC JMENT. Approval to Award Bid 08-38, Repairs to Civic Center Basement ATTACHMENTS: Memos from Finance and Facilities Management SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) 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 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.) Facilities Management is requesting approval to award Bid 08-38 and enter into a contract for repairs to the basement of the Civic Center Building. Four bids were received on May 6. The low bid was from ConTech Services, Inc. for a total cost of $66,005.84. This is a planned project, funding REET 1 was approved in Supplemental Budget #4. 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. 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: 23 May 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 08-38 Civic Center Basement Repairs FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us BRAD BENNETT Manager ID MAY 2 3 2008 PETE KREMEN COUNTY EXECUTIVE ■ Background & Purpose Bids were advertised for the various repairs to the basement parking area of the Civic Center Building. Four bids were received on Tuesday May 6 and the results are noted below. ConTech Services Inc 60,891.00 5,114.84 No= 66,005.84 Epic Construction 77,800.00 6,535.20 84,335.20 Ebenal General 112,000.00 9,408.00 121,408.00 Myers General Commercial Corp112,500.00 9,450.00 121,950.00 Facilities Management is requesting approval to award the bid and enter into a contract with the low bidder, ConTech Services, Inc. for a total of $66,005.84. ■ Funding This is a planned expenditure and REET 1 funds were approved in supplemental budget #4. 1 concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 69 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 COUNCIL AGENDA BILL NO. AB2008-222 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 05123108 June 3, 2008 Finance Originator: R IE C LF � V E D MAY !°EP�4i 0 2 � 200p Division Head: Dept. Head: ! J+� Prosecutor: r J WHATCOM COUNTY COUNCIL Purchasin lBud et: Executive: TITLE OF DOCUMENT Community Development Block Grant Contract— Whatcom County's East Whatcom Regional Resource.Center project ATTACHMENTS: Memorandum, Grant Contract 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.) This contract results from a $1,000,000 grant approved earlier this year. This grant funding will be directed towards the initial construction phase of the East Whatcom Regional Resource Center project, including those sections of the building that will house the Opportunity Council's Head Start Program and the Interfaith Community Health Clinic. 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 70 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM �GOM CO` sHlNG 0 To: Whatcom Count ouncil Members From: Dewey Desler C% Subject: East Whatcom egiorial Resource Center $1-million grant contract between Whatcom County and the Washington State Department of Community, Trade & Economic Development Date: May 22, 2008 Attached for your review are two (2) originals of a contract between Whatcom County and the Washington State Department of Community, Trade & Economic Development. Pete Kremen County Executive Dewey Desler Deputy Administrator * Background and Purpose This contract results from a $1,000,000 grant approved earlier this year. This grant funding will be directed towards the initial construction phase of the East Whatcom Regional Resource Center project, including those sections of the building that will house the Opportunity Council's Head Start Program and the Interfaith Community Health Clinic. * Funding Amount and Source The $1,000,000 grant represents a portion of the revenue of a projected $7-million budget for phase one of this project. Other funding sources identified to date include $1-million from the EDI fund and $1.72-million approved in the legislative capital budget (07-09). We intend to be applying for $2.25-million in additional capital funds from the legislature in the upcoming session. We request authorization for the County Executive to execute this agreement. In the coming weeks, we will be submitting a supplemental budget that will include a major portion of these revenues. If you have any questions, please contact me or Suzanne Mildner from this office. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 71 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. _ do OS- Originating Department: EXECUTIVE Contract Administrator: Suzanne Mildner Contractor's /A enc Name: WA State Department of Community, Trade & Economic Development Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) _08-64008-030 CFDA number 14.228 Is this contract grant funded? Yes _ No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes — No X If yes, RFP and Bid number(s) 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 $_1,000,000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services This is a General Purpose grant contract from the Washington State Dept. of Community, Trade & Economic Development being allocated to a portion of the phase one construction of the East Whatcom Regional Resource Center. Term of Contract: 3'/ years Expiration Date: 613012011 Contract Routine Steps & Sienoff %sijzn or initial] (indicate date transmitted 1. Prepared by: SM Date_5122108 [electronic] 2. Attorney reviewed: 7 Date [electronic] 3. AS Finance reviewed: � Date 5 J- [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date 7. Contractor signed: Date 8. Submitted to Exec Office Date [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 72 STATL, Off, 0 4' 2 oyn k'� 1889 a STATE OF WASHINGTON DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT 128 - 10th Avenue SW - PO Box 42525.Olympia, Washington 98504-2525 - (360) 725-4000 May, 20, 2008 Mr. Pete Kremen Whatcom County Executive 311 Grand Avenue Bellingham, WA 98225 MAY 21 2008 PETE KREMEN COUNTY EXECUTIVE Re: Community Development Block Grant (CDBG) Contract Number 08-64008-030 Dear Mr. Kremen: Enclosed are two copies of Whatcom County's 2008 CDBG General Purpose grant contract number 08-64008-030, with the Department of Community, Trade and Economic Development (CTED). Also enclosed are two Signature Authorization forms. Both copies of the original contract must be signed and dated by the official who is authorized by your jurisdiction to enter into such contract agreements. Once signed and dated, these documents must be returned to CTED. We will sign and date the contracts upon receipt and return a fully executed copy to you for your records. Please have the Signature Authorization forms completed, signed, and dated by the appropriate officials of your jurisdiction. I recommend that at least two individuals be authorized to sign vouchers. When complete, return one of the forms to me with the contract documents and retain one copy for your files. If you have any questions about the contract or signature authorization forms, please contact me at (360) 725-3010 or by email atjulieb@cted.wa.gov. I look forward to working with you on this worthwhile project. Sincerely, dulie Baker CDBG Project Manager Enclosures cc: Dewey Desler, Deputy Administrator, Whatcom County ,a 0 73 Washington State Department of Community, Trade, and Economic Development Ty Local Government DivisionlFti_ �I � Community Development Programs Unit C r ) � C_ �.�=UN I Y s, Community Development Block Grant Program..; CONTRACT FACE SHEET. GRANTEE NAME/ADDRESS: CONTRACT NUMBER: C�3NiP"1`ifbC1N�: Whatcom County 311 Grand Avenue 08-64008-030 $1,000,000 Bellingham, WA 98225 GRANTEE CONTACT PERSON, NAME/TITLE: GRANTEE PHONE NUMBER. - Dewey Desler, Deputy Administrator (360) 676-6717 DATE APPLICATION SUBMITTED: CONTRACT START DATE: CONTRACT END DATE: 11/16/2007 03/12/2008 06/30/2011 FUNDING AUTHORITY: Washington State Department of Community, Trade and Economic Development (hereinafter known as the "Department"), and U. S. Department of Housing and Urban Development (HUD). STATE AND FEDERAL "BARS" CODE: CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA): 333.14.228 14.228 SERVICE AREA: COUNTIES: NUMBER OF PAGES IN (BY LEGISLATIVE DISTRICT) 42 CONTRACT DOCUMENT: Whatcom (BY CONGRESSIONAL DISTRICT) 2 25 TIN: SUBRECIPIENT OR PARTICIPATING ENTITIES: 91-6001383 NIA PURPOSE FOR AWARDED FUNDS: Whatcom County is awarded a $1,000,000 CDBG General Purpose grant for a portion of the construction in phase one of the East Whatcom Regional Resource Center. The Center will serve as a community facility for early childhood education, family support and health services. It is located in a Low- and Moderate -Income (LMI) area which is not currently served. CDBG funds will build the Head Start wing that will accommodate services by the Opportunity Council, including the Head Start program. This project will provide a direct benefit to at least 284 people: 34 Head Start students, 150 low-income qualified recipients of the Home Energy Assistance Program (LIHEAP), and community services for 100 people who are hungry, homeless, or at risk of homelessness. The estimated cost of the CDBG-eligible portion of the project is $2,006,266 with a contribution of $506,256 from Whatcom County and $500,000 in Washington State funds. IN WITNESS WHEREOF, the Department and Grantee acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. The rights and obligations of both parties to this contract are governed by this Contract Face Sheet, Contract, Attachment I: Project Summary, and Attachment II: State and Federal Requirements and Assurances, Attachment III: Letter to Incur Costs (if applicable), Attachment IV: Additional Conditions and Agreement for Interim Financing/CDBG Float -Funded Activity if applicable), and Attachment V: Assignment of Rights, Title, and Interest (if applicable), and the following documents incorporated herein by reference: Grantee's Application for funding and the Community Development Block Grant Policies. and Procedures, prepared by the Department. FOR.THE DEPARTMENT: FOR THE GRANTEE: Karen J. Larkin, Assistant Director Mr. Pete Kremen Local Government Division Whatcom County Executive DATE: DATE: APPROVED AS TO FORM ONLY: APPROVED AS TO FORM: Alice Blado, As Attorney General (Signature on file) ' 3a J Date: March 19, 2007 AL Civil Prosecu 'n At o y Date 9H 11 Department Of Community, Trade and Economic Development Community Development Block Grant Program PART 1: PREAMBLE This contract agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, (the Department), a department of the State of Washington and the GRANTEE. The Department and the Grantee WITNESS THAT: The Department has received funds from the U.S. Department of Housing and Urban Development under the authority of Title I of the Housing and Community Development Act of 1974, as amended, 92 US Code 5301, with which to implement the State of Washington's Community Development Block Grant Program (CDBG) Consolidated Plan. The program Plan describes the state's objectives for use and distribution of the Washington State CDBG Program funds. The state's grant is subject to the regulations of the Department of Housing and Urban Development, 24 CFR Part 570, Subpart I. The state's grant and funds distributed through the program to local governments of the State of Washington are also subject to the specific legislation, regulations and policies applicable to the federal program entitled the Community Development Block Grant Program. These laws, regulations and policies are cited and described in the contract under ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS. AND ASSURANCES. PART 2: PURPOSE OF THE CONTRACT The Department and the Grantee have entered into this contract to undertake a local project that furthers the goals and objectives of the Washington State Consolidated Plan. The project will be undertaken by the Grantee and will include the activities described in ATTACHMENT 1: SCOPE OF WORK AND BUDGET which, by this reference, is hereby incorporated into this contract, and in the application submitted to the Department by the Grantee and upon which this contract is based. Project activities will be performed to the satisfaction of the Department and will be undertaken in accordance with the terms, conditions, performances, covenants and provisions contained in this contract, including ATTACHMENT I: SCOPE OF WORK AND BUDGET, ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS AND ASSURANCES, ATTACHMENT III: LETTER TO INCUR COSTS (if applicable), ATTACHMENT IV: ADDITIONAL CONDITIONS AND AGREEMENT FOR INTERIM FINANCING/CDBG FLOAT FUNDED ACTIVITIES (if applicable), and ATTACHEMENT V: ASSIGNMENT OF RIGHTS, TITLE, AND INTEREST (if applicable). PART 3: TERMS AND CONDITIONS In consideration o f the covenants, conditions, performances and provisions hereinafter contained, the parties hereto agree as follows: 3.01 Payment The Department shall issue warrants or electronic transfer payments to the Grantee for payment of allowable expenses incurred by the Grantee while undertaking and administering approved project activities in.accordance with ATTACHMENT I: SCOPE OF WORK AND BUDGET. "Approved project activities" shall mean those activities which the Grantee has accepted as meeting state and federal guidelines for the project. Payment or reimbursement of allowable expenses shall not be construed as acceptance of the project. work nor does payment or reimbursement of allowable expenses create an agency relationship between the Department and the Grantee. To request payment of expenses; the Grantee must identify the requested amounts by the line item categories that correspond to the line -item categories in the approved ATTACHMENT I: SCOPE OF WORK AND BUDGET, submit back up documentation and actual invoices representing allowable'expenses that can be paid as soon as administratively feasible, and must be submitted to the Department on a Washington State Invoice Voucher form. The voucher must also report all federal funds on hand as of the date of the voucher. Any cash 75 on hand must be subtracted from the amount of funds requested to meet cash -flow needs. Similarly, any program income earned during the reporting period must be deducted from the amount estimated to meet cash - flow needs. Vouchers shall be mailed to the Department of Community, Trade and Economic Development, Local Government Division, 906 Columbia Street SW, P.O. Box 42525, Olympia, Washington 98504-2525, Attention CDBG Project Manager. The Department must review and approve the vouchers before issuing payment to the Grantee. In no event shall the total amount of Washington State CDBG funds paid by the Department to the Grantee for allowable expenses incurred hereunder exceed the amount listed on the Contract Face Sheet, exclusive of any program income or contract amendments. The Grantee must submit the -required closeout performance report with the request for final payment. The Department has the right to withhold payment, pending completion and receipt of CDBG required documentation. 3.02 Time of Performance Activities payable under this contract and to be performed by the Grantee under this .contract shall commence on the date, Contract Start Date, and shall terminate upon the later of completion of the project described herein, or by the Contract End Date. Final closure of the contract will occur upon the Department's receipt, review and acceptance of the CDBG Grantee Closeout Performance Report and a complete municipal audit report covering the applicable contract years. This period shall be referred to herein as the "contract period," unless expressly stated otherwise. Costs incurred during the contract period shall be deemed costs incurred after the effective date thereof, unless the contract is otherwise conditioned, or the Grantee is expressly authorized in writing by the Department to incur costs prior to execution of the contract. 3.03 Legal Authority The Grantee certifies that it possesses legal authority to accept grant funds under the State of Washington CDBG Program and to execute the project described in this contract by signing the contract document. The Grantee's relation to the Department and the State of Washington shall be at all times as an independent contractor. 3.04 Waivers No conditions or provisions of -this contract can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance.of any provision of the contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this contract. 3.05 Nonassignability Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Grantee. 3.06 Financial Management and Accounting The Grantee shall establish and maintain a financial management and accounting system that conforms, to generally accepted accounting principles and complies with 24 CFR Part 85, Subpart C, "Post Award Requirements;" 24 CFR Part 570.489(e) "Program Income;" and the requirements and standards of OMB . Circular A-87 "Cost Principles for State, Local; and Indian Tribal Governments," which form thebasis of the Washington State CDBG Program's financial management requirements. 3.07 Program Income Program income will .be:; used first by. the Grantee, before drawing additional funds to complete activities . : included in the Scope of Work and referenced application.. Unanticipated program income shall be used to increase the overall project budget. Program income will be reported regularly, as requested by the Department. Program income received after closeout of this contract shall be used to continue the same activities to benefit low- and moderate -income persons, as described in the closeout performance report. Records on program income received and expended must be maintained. Program income must be reported annually, after closeout of the grant if the total amount of program income received in a single year equals or exceeds $25,000. Interest 276 earned on federal (CDBG) funds or state funds in excess of $100 shall not be retained by the Grantee. The Grantee must remit such interest in. the case of federal funds to .the Department so that it can be returned to the U.S. Treasury. 3.08 Amendments and Modifications The Grantee or the Department may request an amendment or modification of this contract. However, such amendment or modification shall not take effect until approved, in writing, by the Department.and the Grantee. 3.09 Record Keeping The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions of the contract. All such records, and all other records pertinent to .the grant and work undertaken as part of the project, shall be retained by the Grantee for a period of six years after the final audit of the program, unless otherwise required by the laws and regulations included in the contract under ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS AND ASSURANCES. If any claim, litigation, or audit is started before expiration of the six -year period, the. records must be retained until all litigation, claims or audit findings involving the records have been resolved. 3.10 Access to Records The Department and duly authorized officials of the state and the federal government shall have full access and the right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee and of persons or organizations with which the Grantee may contract, involving transactions related to the project and this contract. 3.11 Reports The Grantee, at such times and in such forms as the Department may require, shall furnish periodic reports pertaining to the activities undertaken pursuant to this contract. These reports may include: regular program income reports,.periodic Applicant/Recipient Disclosure Reports, one Equal Employment Opportunity (EEO) Report, the final closeout report, the costs and obligations incurred in connection therewith, and any other matters covered by this contract. 3.12 Acquisition and Disposition of. Property and Equipment The Grantee agrees to comply with the requirements of 24 CFR Part 85.36 "Procurement," or such other requirements as the Department may prescribe in the acquisition of property and equipment. The Grantee will also account for -any tangible personal property acquired with grant funds in accordance with 24 CFR Part6. Proceeds from the disposition of real property acquired with grant funds derived after contract closeout shall be treated as program income under Section 3.07 of this contract. 3.13. Obligations Regarding Third -Party Relationships None of the work specified in this contract shall be subcontracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or State of Washington and the subcontractor, any contract or any other relationship. The Grantee shall remain fully obligated under the provisions of this contract agreement notwithstanding its designation of any third party or parties of'the undertaking of 611 or any part of the project described herein. Any subcontractor that is not the Grantee shall - comply with all lawful requirements of the Grantee necessary'to ensure £hat the project is carried out in accordance with the provisions of this.contract agreement. 377 The Grantee shall bind all subcontractors to each and every applicable contract provision including a provision that the Department and the State of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Additionally, the grantee will ensure that any subcontractors and/or subrecipients comply with OMB Circular A 110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, and OMB Circular A-122, Cost Principles for Non - Profit Organizations (if applicable). 3.14 Conflict of Interest No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection.with the project assisted under this contract agreement. The Grantee shall include this provision in any subcontracts for work to be performed under this contract. 3.15 Nondiscrimination During the performance of this contract the Grantee shall comply with all nondiscrimination laws, including, but not limited to chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the Grantee's noncompliance or refusal to comply with any non-discrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further contracts with the Department. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 3.2..3 dispute procedures set forth herein. 3.16 Political Activity No portion of the funds provided under this contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. 3.17 Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. 3.18 Prohibition Against Payment of Bonus or Commission The assistance provided under -this contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services,.other than actual solicitation, are not hereby prohibited if -otherwise eligible as project costs. 3.19 Termination by Mutual Agreement This contract may be terminated, in whole or in part, when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determinewhether an environmental review. of the cancellation is. required., Theparties must agree. on the termination conditions, including effe.etive date and the portion..to be Germinated, The Grantee shall,not incur new obligations for the terminated portion after the effective date,. and skull cancel as many outstanding new obligations. for the terminated. portion after the effective date, and_ shall cancel as many -outstanding obligations as possible. The Department shall make funds available to the Grantee to pay for allowable expenses incurred before the effective date of termination. 478 3.20 Termination of Contract A. If, through any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this contract or if the Grantee shall violate any of its covenants, agreements, or stipulations, the Department shall have the right to terminate this contract and withhold the balance of state funding if such default or violation is not corrected within twenty (20) days after the Department submits written notice to the Grantee describing such default or violation. B. Not withstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for Grantee work performed, and not otherwise paid for by the Department prior to the effective date of such terminations shall be as the Department reasonably determines. 3.21 Withdrawal of Funds The Department may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. 3.22. Recovery of Funds In the event of a default or violation of the terms of the contract by the Grantee, the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repayment by the Grantee of contract funds under this recovery provision shall occur within 30 days of demand. 3.23 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by contract, shall be decided by the Department, which shall reduce its decision to writing and shall furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in this contract shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 3.24 Jurisdiction This contract shall be governed by the laws of the State of Washington. The venue of any action hereunder shall be in the Superior Court for Thurston County, Washington. 3.25 Indemnification It is understood and agreed that this contract is solely for the benefit of the parties to the contract and gives no right to any other party. No joint venture or partnership is formed as a result of this contract. The Grantee, its successors or assigns, will protect, save and hold harmless the Department and the State of Washington and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors, licensees, invitees, employees or any person whomsoever arising out of or in connection with acts or activities authorized by this contract. The Grantee further agrees to defend the Department and the State of Washington and.. their authorized' agents and employees in any litigation; including payment of any costs or attorneys fees for any claims or action commenced thereon arising out of or in connection with acts; or activities authorized by this contract. This%obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department or the State of Washington or their authorized agents or employees: Provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department and the State of Washington and their agents or employees, and .(2) the Grantee, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or employees. 579 3.26 Ownership of Proiect/Capital Facilities The Department makes no claim to any capitalfacilities or real property improved or constructed with funds under this contract, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the Department and the State of Washington harmless from any and all causes of action arising from the ownership and operation of the project. 3.27 Severability If any provision under this contract agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. 3.28 Performance The Department's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this contract. 3.29 Audit. Audits of the grant will be conducted by the Municipal Division of the State Auditor's Office in accordance with any guidelines the Department may prescribe. The Grantee is responsible for submitting a copy of the audit to the Department within 30 days of the Grantee's receipt of the audit report from the State Auditor's Office. Payment for the audit shall be made by the Grantee. An explanation of any questioned costs must be sent to the Department by the Grantee within 30 days of the Grantee's receipt of the audit report. The Department reserves the right to recover from the Grantee disallowed costs identified in the final audit. The recovery provision set forth in Section 3.22 Recovery of Funds shall be applicable to this section as well. The grantee is required to report to the department any other expenditure(s) of federal funds in order to assure compliance with the federal single audit act. 3.30 Insurance The Grantee shall cause its subcontractors to secure a Commercial General Liability policy with a limit of $1 million per occurrence and $2 million aggregate or proof of adequate self-insurance with the. same limits. Adequacy of self-insurance is subject to approval of the department. The Grantee shall provide that cancellation or lapse of the required insurance prior to subcontract completion shall be a material. breach of the subcontract and cause for subcontract termination. The Grantee shall require the subcontractor to provide it with a 30-day notice of cancellation issued by the insurance company or self- insurance program. 3.31 Subcontracts for Engineering Services In the event that the Grantee subcontracts for engineering services, the Grantee will require that the engineering firm certify that it is authorized to do business in the state of Washington and that the firm is in full compliance with the.requirements of the Bpard.,of Professional.Registration. The Grantee shall require that professional services providers:such as engineering and architectural:firim. be covered by errors and omissions Insurance in an amount not. less than the ariount.of the. firm's subcontract. If the. firm is unable to obtain errors and omissions insurance, the firm shall post a :bond with the Grantee for the benefit of the Grantee for not less than the amount of its .subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the subcontract shall constitute a material breach of the subcontract and cause for subcontract termination. The Grantee shall cause the subcontractor to provide it with a 30-day notice of cancellation issued by the insurance company. In the event that the engineering firm is also the project administrator, the Grantee, shall require that the bond or insurance shall be for not less than the amount of the entire CDBG.project. 3.32 Closeout The Department will advise the Grantee to initiate closeout procedures when the Department determines, in consultation with the Grantee, that there are no impediments to closeout and that the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of closeout costs and any unsettled third -party claims against the Grantee. Costs are incurred when goods and services are received_ or contract work is performed. B. A public hearing has been held to review program performance. C. The final Grantee Closeout Performance Report has been submitted. The Grantee's failure to submit a report will not preclude the Department from effecting closeout if it is deemed to be in the state's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in the event of the Grantee's failure to finish or update the report. D. Other responsibilities of the Grantee under this contract agreement and any closeout agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further state interest in keeping the grant open for the purpose of securing performance. PART 4: GRANTEE CERTIFICATIONS By executing this contract, the Grantee certifies that: 4.01 It will minimize displacement as a result of activities assisted with CDBG funds; and is following a Residential Anti -displacement and Relocation Assistance Plan; 4.02 It will conduct and administer its program in conformance with Title VI, of the Civil Rights Act of 1964 and the Federal Fair Housing Act, of the Civil Rights Act of 1968 and affirmatively further fair housing; 4.03 It will provide opportunities for citizen participation comparable to the state's requirements (those described in Section 104(a)(2) of Title I of the Housing and Community Development Act of 1974, as amended in 1992); 4.04 It will not use assessments or fees to recover the CDBG portion of capital costs of CDBG-funded public improvements from low- and moderate -income owner -occupants; 4.05 . It has adopted and is enforcing a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; and 4.06 It will ensure: A. No Federal appropriated funds have been paid or will.be paid, by or on behalf of the undersigned, to any person for influencing. or attempting to influence an officer or,employee of any agency, a Member of Congress, an officer or employee of Congress, .or an employee of a Member of Congress in connection with the awarding. of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any.cooperative agreement, and=the extension, -continuation; renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative. agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 781 Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The above provisions will be met if the grant award from the Department exceeds $100,000 and will further ensure that their provisions are included in any sub grant, contract, and subcontracts exceeding $100,000 of grant funds. 4.07 Certification regarding debarment, suspension, or ineligibility (24 CFR, Part 24) A. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible; or voluntarily excluded from participation in transactions by any Federal department or agency. B. The Grantee shall, prior to entering into a covered transaction or procurement, ensure that the persons or .organizations, and any lower -tier subcontractors associated with the covered transaction or procurement, with which it intends to do business necessary for completion of this contract, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any Federal department or agency and have not been convicted of -or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, receiving stolen property, making false claims or obstruction of justice within the previous 3 years, is not presently indicted for or otherwise criminally or civilly charged by a governmental entity, and has not had a public transaction terminated for cause of default within the previous 3 years. C. If the Grantee is unable to certify to. any of the statements in this certification, the Grantee shall attach an explanation to this contract. document. PART 5: ENVIRONMENTAL REVIEW 5.01 Environmental Review and Request for Release of Funds Funding in excess of the amount stipulated in ATTACHMENT III: LETTER TO INCUR COSTS, shall not be released to a Grantee by the Department until the following condition is met: A. The Grantee must prepare an environmental assessment of the project and make a finding of environmental impact. A notice of this finding must be published along with a notice of the Grantee's intent to request release of funds for the project unless the project is exempt from the publication requirements as described. The Grantee must allow a seven (7) or fifteen (15) day period for public review and comment following publication of the notices unless exempt under the National. Environmental Policy Act and the State Environmental Policy Act. When this review and comment period expires, the Grantee may, after considering any comments received, submit a request for release of funds to the Department. Upon receipt of the request, the Departmentmust allow a fifteen (15) day period for public review and comment. When the Department's public review and comment period expires, the Department may, after considering any comments received, .formally notify the Grantee in writing of the release of federal funds for the project. B. This special condition is satisfied when the Grantee completes the environmental review and request for release of funds from the Department:- The special condition is effectively :removed on the date the Department provides the Grantee with written notice of release of funds; ` 5.02 Environirientit Review end Assessment Process Exemption for Irriminent Treat Grants Funding shall not be released to an Imminent Threat Grantee until the following condition is met The Grantee assure's that assisted activities are for temporary or permanent improvements limited to the protection, repair or arrest of imminent threats to. public health and safety or physical deterioration. The Grantee further assures that assisted activities will result in either no change or minimal change in the environmental conditions that existed prior to the emergency. In addition, the Grantee assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions. specified for such exemption under Section 58.34 of 24. CFR, Environmental Review Procedures for Title I CDBG Programs. In cases where Grantees must take action immediately, or within a time too short to allow full compliance with SEPA, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public, or private property, or to prevent an immediate threat of serious environmental degradation, such actions are exempt from SEPA pursuant to WAC 197-11-880. 5.03 Environmental Review and Exemption Assessment Process for Planning -Only and Public Service Grants Funding shall not be released to a Planning -Only or Public Service Grant recipient until the following conditions are met: The Grantee assures that assisted activities are exempt under the National Environmental Policy Act (24 CFR 58.32) and categorically exempt under the Washington State Environmental Policy Act (RCW 43.21 C.110). The Grantee further assures that the activities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under (NEPA) 24 CFR Part 58.34.3 (for POG) or Part 58.34.9 (for PS) and (SEPA) WAC 197-11-800 (for POG) or WAC 197-11-305 (for PS). 5.04 Environmental Review and Request for Release of Funds for Float -Funded Activity Grants Funding shall not be released to a Float -Funded Activity Grant until the following conditions are met: A. If the Grantee completed a CDBG environmental review for the project under a previous CDBG General Purpose or Community Investment Fund grant, and has written notification from the Department of the release of federal funds under that grant, the Grantee must provide a Letter of Continuation notifying the Department that the environmental review requirements have been met. The Letter of Continuation must reference the General Purpose or Community Investment Fund grant under which CDBG environmental review requirements were met. It must also confirm that the project scope has not changed and that no additional environmental review activities are required. B. If the Grantee has not completed a CDBG environmental review for the project under a previous grant, it must meet the same conditions required for CDBG grants under paragraphs 5.01 (A) and (B). PART 6: HISTORICAL AND CULTURAL ARTIFACTS The Grantee agrees that if historical or cultural artifacts are discovered during construction, the Grantee shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Department of Archeology and Historic Preservation. PART 7: DUPLICATION OF COSTS The Grantee certifies that work to be performed under this Contract does not duplicate any work to. be charged against any other contract, subcontract, or other source. The Grantee shall include the provisions of this clause in any subcontract. This agreement consisting of Part 1 through Part 7 plus attachments listed below contains all terms and conditions agreed to by the Department and the Grantee. The attachments to this agreement are identified as follows: MN ATTACHMENT I: Scope of Work and Budget, consisting of Section A: Project Description; Section B: Goals/Expected Results/Products; Section •C: Project Schedule and Budget;, if applicable, Section D: Final Product. ATTACHMENT II: STATE AND FEDERAL REQUIREMENTS AND ASSURANCES ATTACHMENT III: LETTER TO INCUR COSTS (if applicable) ATTACHMENT IV: ADDITIONAL CONDITIONS AND AGREEMENT FOR INTERIM FINANCING/CDBG FLOAT -FUNDED ACTIVITIES (if applicable) ATTACHMENT V: ASSIGNMENT OF RIGHTS, TITLE, AND INTEREST (if applicable) O6" cd i+�y C/] ,r,9i`3� T f,� y �fvf'i M. FO.1 y, l � b a.�h y VL A♦ . y�y , � .„y O �1 .rl � �1-f -_ •Q O ^, 2; �C' o O O .o 4 cp ° o +� o b Ucd'd 3 cn o �• o -d ° O -5 U O N cVv end ++ 'd U sU• p cad bD m O a p O ° v, U N c>% 3 tz �r g o a Q- w-+5 CD= CD ,, cq UJ ;-.4 -- O cd ice. v, O U .x o 41 Ctfl vvj 4--q o Cd t° , O C� o C> 00 y . 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All.01 Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea.) (24 CFR Part 1) The Grantee must comply with the provisions of "Public Law 88-352," which refers to Title VI of the Civil Rights Act,of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. All.02 Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et sear commonly referred to as the Federal Fair Housing Act, as amended by the Fair Housing, Amendments Act of 1988 (P.L. 100-430) The Grantee shall comply with the provisions of the Federal Fair Housing Act. The law states that it is the policy of the United States to provide, within constitutional limitation, for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of. housing, the financing of housing or the provisions of brokerage services, including in any way making unavailable or denying a dwelling to any person, because of race, color, religion, sex, familial status, national origin or handicap. The Grantee must also administer programs and activities relating to housing and urban development in a manner that affirmatively promotes fair housing and furthers the purposes of the Federal Fair Housing Act, as amended. All.03 Executive Order 11063, As Amended by Executive Order 12259 (24 CFR Part 107) The Grantee must comply with the provisions of Executive Order 11063, as amended by Executive Order 12259, which directs the Grantee to take all action necessary and appropriate to prevent discrimination because of race, color, religion, creed, sex or national origin; in the sale, leasing, rental and other disposition of residential property and related facilities (including land to be developed for residential use); or in the use or occupancy thereof if suchproperty and related facilities are, among other things, provided in whole or in part with the -aid of loans, advances, grants or contributions from the federal government. Ail.04 Section 109 of the Housing and Community Development Act of 1974, As Amended through 1992 The Grantee must comply with the provisions of Section 109 of the Housing and Community Development Act of 1974, as amended through 1992, which require that no person in the United States shall on the grounds of race, religion, color, national origin or.sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with federal Community Development funds made available pursuant to Title ].of the Act. All.05 Section 104 (b) 4 of the Housing and Community Development Act of 1974, As Amended through 1992 The Grantee must comply with the provisions of Section 104 (b) 4 of the Housing and Community Development Act. of 1974, as amended through 1992, which requires that the Grantee will identify its community development and housing needs, including the needs of low- and moderate -income persons and the activities to be undertaken to meet such needs. Approved March 19, 2007 for 2007 All.06 Section 104 (d) of the Title I of the Housing and Community Development Act of 1974, As Amended through 1992. The Grantee must comply with the provisions of Section 104 (d) of the Housing and Community Development Act of 1974, as amended through 1992, which require that the Grantee will adopt, make public and certify to the State that it is following a "residential anti -displacement and relocation assistance plan." The plan must: (1) provide for one -for -one replacement of low- to moderate -income dwelling units demolished or converted to use other than low- to moderate - income housing as a direct result of the use of CDBG assistance; (2) provide for relocation assistance; and (3) describe steps to minimize displacement. AI1.07 Section 104 (1) of the Housing and Community Development Act of 1974, as Amended through 1992. Protection of Individuals Engaged in Nonviolent Civil Rights Demonstration The Grantee must comply with the provisions of Section 104 (1) of the Housing and Community .Development Act of 1974, as amended through 1992, which requires that. the Grantee must adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and it must adopt and enforce a policy of enforcing applicable state and local laws against physically barring. entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. AI1.08 Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101 et sea. The Grantee shall comply with the Age Discrimination Act of 1975, as amended, which provides that no person shall.be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal assistance. AI1.09 Section 504. of the Rehabilitation Act of 1973, As Amended (29 U.S.C. 794) The Grantee must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or be -subjected to discrimination under any program or activity receiving federal assistance funds. AI1,10 Public Law 101-336, Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et. seq. The Grantee must comply with the provisions of Section 202 of the Americans with Disabilities Act which .states that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. All.11 Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) (24.CFR Part 135) The Grantee shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968 which require, in connection with the planning and carrying out of any project assisted under the Act, to the greatest extent feasible, that opportunities for job training, employment, and contracting opportunities be.given to lower -income persons residing within the unit of local government or the non -metropolitan county in which the project is located, and contracts for work in connection with the project be awarded to eligible business concerns that are located in, or owned in substantial part by persons residing in the project area. The Grantee must assure good faith efforts toward compliance with the statutory directive of Section 3. Approved March 19, 2007 for 2007 2 All.12 Executive Order 11246, As Amended by Executive Order 11375 The Grantee must comply with Executive Order 11246, as amended, which applies to all federally assisted construction contracts and subcontracts. The Grantee and subcontractors, if any, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee and subcontractors, if any, shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee and subcontractors must post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrirnination clause. For contracts over $10,000 the Grantee and subcontractors will send to each applicable labor union a notice of the above requirements, the Grantee and subcontractors, if any, will comply with relevant rules, regulations and orders of the U.S. Secretary of Labor. The Grantee or subcontractor will make their books and records available to state and federal officials for purposes of investigation to ascertain compliance. AI1.13 Davis -Bacon Act; As Amended (40 U.S.C. 276a) The Grantee shall comply with the provisions of the Davis -Bacon Act, as amended. This Act mandates that all laborers and mechanics be paid unconditionally and not less often than once a week, and without subsequent deductions, the full amounts due at the time of payments, computed at wage rates not less than those contained in. the wage determination issued by the U.S. Department of Labor. Weekly certified payrolls are required to be submitted to the federally funded recipient by the contractor. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. AI1.14 Copeland Act (Anti -Kickback Act) (40 U.S.C. 276c) The Grantee shall comply with the Copeland Act, which makes it a criminal offense for any person to induce, by any manner whatsoever, any other person employed in the construction, prosecution; completion, or repair of any public building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he or she is entitled under his or her contract of employment. Compensation shall consist of wages and approved fringe benefits. AI1.15 Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) The Grantee shall comply with the provisions of the Contract Work Hours and Safety Standards Act. According to this Act, no contract work may involve or require laborers or mechanics to work in excess of 40 hours in a workweek,unless compensation of not less than one and one-half times the basic rate is paid for the overtime hours. If the Act is violated, the contractor or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages. These requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families. AI1.16 The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. Section 4321 et sea., and 24 CFR Part 58) The Grantee shall comply with the provisions of the National Environmental. Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation; risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining. and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the Grantee must also submit environmental certifications to the Department when requesting that funds be released for the project. The Grantee must certify that the proposed project will not significantly impact the environment and that the Grantee has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance .performance. Approved March 19, 2007 for 2007 3 a AI1.17 The Clean Air Act, As Amended (42 U.S.C. 7401 et seq.) The Grantee. shall comply with the Clean Air Act, which prohibits (1) engaging in, (2) supporting in any way or providing financial assistance for, (3) licensing or permitting, or.(4) approving any activity which does not conform to the state implementation plan for natural primary and secondary ambient air quality standards. The Grantee shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the U.S. Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by EPA. All.18 HUD Environmental Criteria and Standards (24 CFR Part 51) The Grantee shall comply with HUD noise abatement and control standards, which prohibit HUD support for most new construction of noise -sensitive uses on sites having unacceptable noise exposure. HUD assistance for the construction of new noise -sensitive uses is prohibited in general for projects with unacceptable noise exposures and is discouraged for projects with normally unacceptable noise exposure. AI1.19 Executive Order 11990, May 24, 1977: Protection of Wetlands (42 F.R. 26961 et se . The Grantee .shall comply with Executive Order 11990. The intent of this Executive Order is (1) to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetlands and (2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. The Grantee, to the extent permitted by law, must avoid undertaking or providing assistance for new construction located in wetlands unless (1) there is no practical alternative to such construction and (2) the proposed. action includes all practical measures to minimize harm to wetlands, which may result from such use. In making this determination, the Grantee may take into account economic, environmental and other pertinent factors. A11.20 The Wild and Scenic Rivers Act of 1968, As Amended (16 U.S.C. 1271 et seq.) The Grantee shall comply with the Wild and Scenic Rivers Act. The purpose of this Act is to preserve selected rivers or sections of rivers in their free -flowing condition, to protect the water quality of such rivers and to fulfill other vital national conservation goals. Federal assistance by loan, grant, license, or other mechanism cannot be provided to water resources construction projects that would have a direct and adverse effect on any river included or designated for study or inclusion in the National Wild and Scenic River System. All.21 Executive Order 11988, May 24, 1977: Floodplain Management and Wetland Protection (42 F.R. 26951 et seq.) The Grantee shall comply with the provisions of Executive Order 11988, The intent of this Executive Order is to (1) avoid, to the extent possible, adverse impacts associated with the occupancy and modification of floodplains and (2) avoid direct or indirect support of floodplain development wherever there is a practical alternative. If the Grantee proposes to conduct, support or allow an action .to be located in a floodplain, the Grantee must consider alternatives to avoid adverse effects and incompatible involvement in the floodplain. If siting in a floodplain is the only practical. alternative, the Grantee must, prior to taking any action, (1) design or modify its actions in order to minimize. any potential harm to the floodplain and (2) prepare and circulate.a notice containing an explanation of why the action is proposed to be located in a floodplain. A11.22 Coastal Zone Management Act of 1972, As Amended (16 U.S.C. 1451 et seq.) The Grantee shall comply with the Coastal Zone Management Act of 1972, as amended. The intent of this is to preserve, protect, develop; and where possible, restore.or enhance the resources of the nation's coastal zone. Federal agencies cannot approve assistance for proposed projects that are inconsistent with the state's Coastal Zone Management program except upon a finding by Approved March 19, 2007 for 2007 4 91 the U.S. Secretary of Commerce that such a project is consistent with the purpose of this chapter or necessary in the interests of national security. All.23 The Endangered Species Act of 1973, As Amended 06 U.S.C. 1531 et seq.) The Grantee shall comply with the Endangered Species Act of 1973, as amended. The intent of this Act is to ensure that all federally assisted projects seek to preserve endangered or threatened species. Federally authorized and funded projects must not jeopardize the continued existence of endangered and threatened species or result in the destruction of or modification of habitat of such species which is determined by the U.S. Department of the Interior, after consultation with the State, to be critical. AI1.24 The Reservoir Salvage Act of 1960, As Amended by the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.) Under the Reservoir Salvage Act, the Grantee must comply with provisions for the preservation of historical and archaeological data (including relics and specimens) that might otherwise be irreparably lost or destroyed as a result of any alteration of the terrain caused as a result of any federal construction project or federally licensed activity or program. Whenever any federal agency finds, or is notified in writing by an appropriate historical or archaeological authority, that its activities in connection with any federal construction project or federally licensed project, activity or program may cause irreparable loss or destruction of significant scientific, prehistoric, historical or archaeological data, the federal agency must notify the U.S. Secretary of Interior in writing and. provide appropriate information concerning the project or program activity: AI1.25 The Safe Drinking Water Act of 1974, As Amended (42 U.S.C. Section 20.1', 300(f) et seq., 21 U.S.C. Section 349 as amended, and 40 CFR part 149 (Environmental Protection Agency); The Grantee must comply'with the Safe Drinking Water Act, as amended, which is intended to protect underground sources of water, and no commitment for federal financial assistance shall be entered into for any project which the U.S. Environmental Protection Agency determines may contaminate an aquifer that is the -sole or principal drinking water source for an area. AI1.26 The Federal Water Pollution Control Act of 1972, As Amended, including the Clean Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251 et seq.) The Grantee must assure compliance with the Water Pollution Control Act, as amended, which provides for the restoration of chemical, physical and biological integrity of the nation's water: AI1.27 The Solid Waste Disposal Act, As Amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) The Grantee must assure compliance with the Solid Waste Disposal Act, as amended. The purpose of this Act is to promote the protection of health and the environment and to conserve valuable material and energy resources. AI1.28 The Fish and Wildlife Coordination Act of 1958, As Amended (16 U.S.C. Section 661 et sea.) The Grantee must assure compliance with the Fish and Wildlife Coordination Act, as amended. The Act assures that wildlife conservation receives equal consideration and is coordinated with other features of water resources development programs. AI1.29 The National Historic Preservation Act of 1966 (16 U.S.C. 470) Prior to undertaking any activity under this contract, the Grantee shall evaluate -the effects of the activity on. any district, site, building structure and object listed in, or eligible for, the National Register of Historic Places; and shall give the Department of Archaeology and Historical Preservation a reasonable opportunity to comment on the proposed activity. Approved March 19, 2007 for 2007 5 92 AI1.30 The Archaeological and Historical Data Preservation Act of 1974 (16 U.S.C. 469 a-1 et se The Grantee shall comply with the Archaeological and Historical Data Preservation Act, which provides for the preservation of historic and archaeological information that would. be lost due to development and construction activities as a result of federally funded activities. AI1.31 Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 The Grantee shall assure that plans for federally funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. A11.32 Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) as Amended in 1989 The Grantee shall comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property Acquisition Policies.Act of 1970, as amended in 1989, and will comply with Sections 303 and 304 of Title III, and HUD implementing instructions contained in 24 CFR Part 42. The Grantee shall inform affected persons of their rights and the acquisition policies and procedures set.forth in the regulations of 24 CFR, Part 42 and 24 CFR 570.496(a). The Grantee shall comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition, Act of 1970, as amended in 1989, and HUD implementing regulations of 24 CFR Part42 and 24 CFR 570.496(a) which requires the Grantee to certify that it is following a "residential anti -displacement and relocation .assistance plan." The plan must contain two components --a requirement to replace all low- to moderate - income dwelling units that are demolished or converted to a use other than low- to moderate - income housing as a direct result of the use of CDBG assistance and a relocation assistance component. The grantee must provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under the Community Development Block Grant program. Such payments and assistance shall be provided in a fair, consistent and equitable manner that ensures that the relocation process does not result in a different or separate treatment of such persons on account of race, color, religion, national origin, familial status, handicap, sex, or sources of income. The Grantee shall assure that, within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to all displaced families, individuals, businesses, nonprofitorganizations, and farms and that the range of choices available to such persons will not vary on account their race, color, religion, national origin, familial status, handicap, sex, or source of income. AI1.33 Title IV of the Lead -Based Paint Poisonina Prevention Act (42 U.S.C. 4831 b) The Grantee shall comply with the provisions of Title IV of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831 b), which prohibits the use of lead -based paint in residential structures constructed or rehabilitated with federal assistance of any kind. AI1.34 U.S. Office of Management and Budget Circular A-87, Principles for Determining Costs Applicable to Grants and Contracts with State. Local and Federally Recognized Native American Tribal Governments The Grantee shall comply with the guidelines of Federal Circular A-87, which sets forth principles and standards for determining the costs allowable under grants and contracts involving federal funds. Approved March 19, 2007 for 2007 0 93 AI1.35 Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (24 CFR, Part 85) The Grantee shall .comply with the requirements of 24 CFR, Part 85, or any equivalent procedures and requirements that the state may prescribe. This forms the basis for a number of specific requirements on the financial management and record keeping of CDBG funds, cash depositories, bonding and insurance, record keeping, program income, property management, procurement, closeout, audit and other requirements. AI1.36 Federal Audit Requirements (OMB Revised Circular A-133) Grantees expending $500,000 or more in federal funds from all sources, direct and indirect, are required to have an audit. conducted in accordance with the Office of Management and Budget (OMB) Revised Circular A-133. Grantees required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GARS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Grantee has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the audit may be allowable grant expenditure. The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. The Grantee is responsible for any audit exceptions incurred by its own organization or that of its subrecipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Grantee must respond to the Department with its response(s) and corrective action plan concerning any audit issues or management letters within 30 days of the date of the audit report. The Department reserves the right to recover from the Grantee all disallowed.costs resulting from the audit. The Grantee must send a copy of the audit report and all related responses no later than nine (9) months after the end of the Grantee's normal audit cycle, for the years of the contract, to: Department of Community Trade and Economic Development. -906 Columbia Street SW PO Box 4.2525 Olympia WA 98504-2525 ATTN: Audit Review Office The Grantee shall include the above audit requirements in any subcontracts. A11.37 Prevailing V1/ages on Public Works, Chapter 39.12 RCW The Grantee shall comply with the provisions of Chapter 39.12 RCW, Prevailing Wages on Public Works. This statute mandates that the prevailing rate of wage, as determined by the state Department of Labor and Industries, be paid to workers performing under public works contracts.. AI1.38 Relocation Assistance and Real Property Acquisition Policy, Chapter 8.26 RCW The Grantee shall comply with the provisions of Chapter 8.26 RCW and Chapter 365-24 WAC when its activities involve any acquisition of real property assisted under this contract or the displacement of any family, individual, business, nonprofit organization or farm that results from such acquisition. AI1.39 State Environmental Policy Act (SEPA), Chapter 43.21(C) RCW The Grantee shall comply with the provisions of Chapter 43.21(C) RCW and Chapter 197-11 WAC, the guidelines by which local agencies will (1) require environmental checklists from private and . Approved March 19, 2007 for 2007 7 public entities considering an action potentially subject to the Environmental Impact Statement (EIS) requirement of SEPA, (2) make "threshold determinations" that such an action will not have a significant environmental impact, (3) provide for the preparation of a draft and final EIS if the action has significant impact, and (4) circulate the EIS to other agencies and interested parties. AI1.40 Noise Control, Chapter 70.107 RCW The Grantee shall assure compliance with the state Noise Control Act. Objectives of the Act are to assist local governments in implementing local noise ordinances and to control and reduce excessive noise in Washington. AI1.41 Shoreline Management Act of 1971, Chapter 90.58 RCW The Grantee shall comply with the provisions of Chapter 90.58 RCW. This Act defines a planning program and a permit system, which are initiated at the local government level under state guidance. Its purpose is to protect and enhance the state's shoreline and it includes a comprehensive shoreline inventory process and a master program for regulation of shoreline uses. A permit application at the local level must be in compliance with those plans and consistent with the state Coastal Zone Management program if substantial developments and shoreline modifications occur and a record of the application and decision must be submitted to the state. AI1.42 State Building Code, Chapter 19.27 RCW: Energy Related Building Standards, Chapter 19.27A RCW; and Provisions in Building scsffor Aged and Handicapped Persons, Chapter 70.92 RCW The Grantee shall comply with the provisions .of Chapter 19.27 RCW and Chapter 70.92 RCW and regulations for barrier free facilities adopted by the Washington State Building Code Council pursuant to these statutes. The State Building Code Act provides for a uniform state building code and mandates counties, cities and towns to administer and enforce its provisions. Local governments are authorized to modify the state building code to fit local conditions as long as such modifications do not result in a code that is less than the minimum performance standards and objectives contained in the state code. AI1.43 Open Public Meetings Act; Chapter 42.30 RCW The Grantee shall comply with the provisions of Chapter 42.30 RCW, which require that all meetings of the governing body which pertain to this contract shall be open to the public except those where specific provision is made for executive sessions pursuant to RCW 42.30.110. AII.44 Law Against Discrimination, Chapter 49.60 RCW The Grantee shall comply with the provisions of Chapter 49.60 RCW in all activities relating to this contract. AI1.45 Interlocal Cooperation Act, Chapter 39.34 RCW The Interlocal Cooperation Act establishes as state policy the authority for local governments, including special purpose districts and Native American tribes, to. enter into agreements for providing a broad spectrum of cooperative services. Local governments undertaking joint community development projects can use this Act as a means for establishing interlocal agreements. AI1.46 Governor's Executive Order 89-10, December 11, 1989: Protection of Wetlands, and Governor's Executive Order 90-04, April 21, 1990:. Protection of Wetlands The Grantee shall ensure that it avoids any activities that would adversely affect wetlands and adequately mitigates unavoidable impacts. For the purposes of this requirement mitigation means: (1) avoiding the impact altogether by not taking certain action or part of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using Approved March 19, .2007 for 2007 95 appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over by preservation and maintenance operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (6) monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. Emergency work that is essential to save. lives and protect property and public health is exempt from these provisions. AI1.47 24 CFR. Part 24 Debarment and Suspension When entering into a covered transaction or procurement with another person, organization or associated subcontractors at the next lower tier, the grantee must verify that the person with whom the grantee intends to do business is not excluded or disqualified, has not been convicted of or had a civil judgment rendered against them for commission of fraud or a crimina1.offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, tax evasion, receiving stolen property, making false claims or obstruction of justice within the previous.3 years, is not presently indicted for or otherwise criminally or civilly charged by a governmental entity, and has not had a public transaction terminated for cause of default within the previous 3 years. AI1.48 Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seg. and 7 CFR Part 658 The Grantee shall comply With the Farmland Protection Policy Act, which discourages Federal activities that would convert farmland to nonagricultural purposes. Check with the USDA Natural Resources Conservation Service (NRCS) or with your city or county planning department to determine if your site is on farmland regulated under the act. Farmland regulated under the Act includes prime farmland, unique farmland and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It.can be forestland, pastureland,, cropland or other land, but not water or urban built-up land. AI1.49 Environmental Justice (Executive Order 12898) The Grantee shall comply with Executive Order 12898, which directs each Federal agency to make achieving environmental justice part of its mission by "identifying and addressing as appropriate disproportionately high and adverse human health or environmental effects of.its programs, policies, and activities on minority populations and low-income populations." AI1.50 Explosive and Flammable Operations (Sec. 2 of Housing and Urban Development Act of 1969 (42 U3.C. 1441(a) and 24 CFR Part 51 C) The Grantee shall comply with Section 2 of the Housing and Urban Development Act by determining whether the project includes development, construction or rehabilitation .or modernization of a building that increases residential densities, converts a building for habitation or makes .a vacant building habitable. If the project includes such activities, the project must be located at an Acceptable Separation Distance (ASD) from any above -ground explosive or flammable fuels or chemical containers. Approved March 19, 2007 for 2007 9 0 A11.51 Airport Clear Zones and Accident Potential Zones (Section 2 of the Housinq Act of 1949 as amended, 42 U.S.C. 1331, affirmed by Section 2 of the Housinq and Urban Development Act of 1969m P.L. No 90-448; Section 7(d) of the Dept HUD Act of 1965, 42 U.S.C. 3535(d) and 24 CFR Part 51 D and 32 CFR Part 256. The Grantee shall comply with Section 2 of the Housing Act of 1949.and subsequent laws in order to promote compatible. land uses around civil airports and military airfields. Determine if the project is located within 3,000 feet of the runway at a civil airport or within 2.7 miles of the runway of a military airfield and if so, contact the airport operator and obtain written documentation of the Clear Zone and Accident Potential Zones and a. determination if your project is in the CZ or APZ. AI1.52 Toxic Chemicals and Radioactive Materials (Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by Superfund Amendments and Reauthorization Act and 24 CFR 58.5(i)) The Grantee shall comply with and assure that all property proposed for use in HUD programs must be free of hazardous materials, contamination, toxic chemicals and gasses and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property. AI1.53 Prohibition of Use of CDBG Assistance for Job -Pirating Activities, 24 CFR 570, revised June 2006 The Grantee shall ensure that CDBG funds are not used for job pirating, and prohibits the use of CDBG assistance for employment relocation activities of for -profit businesses from one labor market area to another if the relocation is likely to result insignificant job loss at the original location. All.54. Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency -.40 CFR parts 6, 51, and 93. The Grantee assures compliance with these laws as they pertain to the design, implementation and administration of the approved local.project. Approved March 19, 2007 for 2007 10 97 STATE OF WASHINGTON DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT 128 - loth Avenue SW • PO Box 42525.Olympia, Washington 98504-2525 • (360) 725-4000 March 31, 2008 Mr. Pete Kremen Whatcom County Executive 311 Grand Avenue Bellingham, WA 98225 Dear Mr. Kremen: Congratulations on being selected by the Department of Community, Trade and Economic Development (CTED) to receive up to $1,000,000 in 2008 Community Development Block Grant (CDBG) funds. I will be your CDBG contact during negotiation of the grant contract. The following information will assist in guiding you through the contracting process. Costs Incurred before Contract Signature This letter allows Whatcom County, prior to contract execution, to begin incurring costs not to exceed $100,000 as of March 12, 2008, for the following activities: • Administration: including.staffing, travel and other administrative expenses; • Preliminary environmental studies and review of 24 CFR 58.5 laws and authorities including Section 106 of the National Historic Preservation Act of 1996; • Preliminary engineering feasibility studies to the extent needed for environmental assessment; and • Professional service. contracts for any of the above activities. This list includes only those activities that are needed to begin your project and -do not require an' environmental review. Costs incurred for the eligible activities listed above will be reimbursed by CTED once a contract agreement between the department and Whatcom County is formally executed and the environmental' review is complete. All incurred costs must comply with the CDBG Management Handbook as well as state and federal requirements. Costs for activities that require an environmental review cannot be incurred, nor can HUD or Non -HUD funds be committed (Refer to 24 CFR 58.22), until specific procedures required by the State Environmental P61icy Act (SEPA) and the National Environmental Policy Act (NEPA) are completed and the time period for public review, if applicable, is expired. Section 6 of the CDBG Management Handbook describes how the county can meet these requirements. Guidance for Hiring a Consultant The required procurement procedures for hiring professional services and contractors are described in the CDBG Management Handbook, Sections 5 and 7 respectively. In the event that work is started on the basis of this letter, procurement procedures, terms, and requirements in the Management Handbook must be met. ° '° %04 98 Mr. Pete Kremen March 31, 2008 Page 2 Items Needed prior to Signing of Contract Prior to signing the contract with CTED, the county must: • Submit income survey documentation if an income survey was conducted to determine CDBG eligibility; • Submit a completed and signed Title VI Certification stating that the needs of protected.groups within the community or target area have been analyzed (Attachment 10-A, Management Handbook); • Submit a Residential Anti -displacement and Relocation Assistance Plan (Attachment 11-A, Management Handbook); and • Submita policy prohibiting the excessive use of force (Attachment I-D, Management Handbook). Directions are available to assist you in meeting these requirements and model documents are available in the CDBG Management Handbook. CDBG Management Workshops CDBG Grant Management Workshops are scheduled for April 23, 2008 in Olympia and April 30, 2008 in Moses Lake. The county's Project Manager or consultant directly engaged in the project MUST attend one of these workshops. The updated Grant Management Handbook will be distributed at that time. On-line registration and pertinent workshop information is available on the department's website at www.cted.wa:gov/cdbg. I will work with you to bring this project under contract as quickly as possible. Delays in completing the execution of a final contract of 90 days or more from the date of this letter, due to the project's readiness to proceed, may lead to the rescission of this award and an invitation to apply during the next CDBG General Purpose Grant application cycle. In the event the grant award is rescinded, the resources will be redirected to an eligible CDBG project that is ready to proceed. If you have any questions about this letter or your grant, please contact me at (360) 725-3010 or via email at julieb@cted.wa.gov. We look forward to working with you on this worthwhile project. Sincerely, ulie Baker CDBG Project Manager cc: Dewey Desler, Whatcom County 99 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 216 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/21/2008 6/3/2008 Special COTW Division Head: Dept Head: Prosecutor: Purchasin /Bud et: .Executive: TITLE OF DOCUMENT. - WA State Department of Transportation presentation on 1-5, Fairhaven to Slater ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Washington State Department of Transportation presentation on 1-5, Fairhaven to Slater 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 100 WHATCOM COUNTY -CO UNCIL AGENDA BILL NO. A' 9 n n 8_ 1 21 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Committee Originator: i 5119108 6l3/08 Of the Whole Wendy Wefer-Clinton G G EDD CL, V (Executive Session) Division Head CY 4'' 5119108 Karen Goens: fl@ MAY M i 2 7 2008 WHATCOM COUNTY COUNCILudget: Dept. Head: Prosecutor: {- �� z�/� Purchasing/B Executive: , /S of TITLE OF OCUMENT. ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion and negotiations update for County Council on expired collective bargaining agreements and discussion on Unrepresented Resolution. 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. 101 WHATCOM COUNTY COUNCIL AGENDA BILL NO- AB 2 0 0 8— 2 2 3 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AH 06103108 G CIE VVE MAY 2 7 2008 WHATCOM COUNTY COUNCIL 6103108 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budg et: Executive TITLE OF DO WENT. Executive Kremen to present "State of the County" ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Executive Kremen to present "State of the County" 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.wltatcom.wa.us/council. 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Whatcom County Council Special Surface Water Work Session March 18, 2008 Council Chair Carl Weimer called the meeting to order at 10: 10 a.m. in the Whatcom County Civic Center Annex, Second Floor Meeting Room, 322 N. Commercial, Bellingham, Washington. Present: Absent: Barbara Brenner None Bob Kelly Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson Sam Crawford SURFACE WATER WORK SESSION (AB2008-025) 1. WATER RESOURCE FUNDING MECHANISMS DISCUSSION John Hutchings, Public Works Department, submitted information (on file). He discussed the history and status of the coordinated water resource integration project (CWRIP) so far, including public involvement. Today they will focus on governance structures. He's talked to several community, stakeholder, and advisory groups. Brenner asked who makes sure that people in the Birch Bay watershed, other than the Birch Bay steering group, gets information. Roland Middleton, Public Works Department, stated they let as many people know as possible. Hutchings stated they will go to a Birch Bay Chamber meeting. They will soon be talking to additional community, stakeholder, and advisory groups. There is a gap in the Lake Whatcom community, however. There isn't one particular stakeholder group for the staff to address. He asked the Council for guidance on whom to talk to in that community. Nelson stated there are small organizations in the watershed, such as Silver Beech neighborhood, Sudden Valley Community Association, a Geneva transportation group, and Water District 10. There aren't any groups like the Birch Bay group in the Lake Whatcom watershed. Discuss how to integrate all the Lake Whatcom entities into a functional group. Hutchings stated they want to make sure they have discussions with everyone, and not leave anyone out, without getting involved in the political discussion. They want to focus on what they've done administratively. Nelson stated that Water District 7 may serve the watershed. Surface Water Work Session, 3/18/2008, Page 1 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated people in the outer parts of the Birch Bay watershed didn't know they were a part of that watershed. There is a similar issue with Lake Whatcom. Weimer stated councilmembers can get information to Dr. Hutchings about who to contact so they don't leave anyone out. There is a group called People for Lake Whatcom that is trying to re -energize. There are a number of email lists for Lake Whatcom. Hutchings stated focus specifically on stakeholders who are active and part of the discussion as it develops. Middleton stated that if they can get an email list for Lake Whatcom, the staff would also have a public meeting to describe this process. Any email list would be helpful. Hutchings stated they are making a special trip out to the Lummi Nation. He asked if the Council would like them to make a trip to the Nooksack Tribe as well. Kelly stated they can contact the Nooksack Tribe Natural Resources Department Director. Hutchings stated an issue is consistency between the CWRIP process and the water resource inventory area (WRIA) process. The processes are consistent. In the list of WRIA implementation actions, one item in the natural resource integration policy program included improving efficiency and effectiveness between existing natural resource programs. Milestones including presenting the outcomes of the CWRIP and identifying additional areas if necessary for improving coordination and integration. Another action talks about identifying long-term funding options. What the County is doing is very consistent with WRIA. The purpose today is to look at historical revenues for water resource programs, with the idea of agreeing to where they are today and to look forward. Second, look at options for enhanced or changed governance structures. He referenced the handout with the colored graphs. Nelson stated the graphs show well what is going on with expenditures and revenues. The revenues seem to be dropping from 2004 when they converted to a tax. Describe why, and how that affects any potential funding formulas. Hutchings read through the Flood Control Zone District (FCZD) and Water Resources (WR) Revenue graph. The bulk of revenues for water resources comes from the flood control assessment, leveraged by outside grant monies. They continually talk about how to get more outside monies. He continued to read through the FCZD and WR Expenditures graph. Overall, expenditures are about $4 million. Revenue is about $3.5 million. Beginning in 2001, the ending fund balance has diminished. The rule of thumb has been that about $5 million has been set aside for flood emergency response. There is a question of what that reserve amount should be and how it plays into the operating reserve in the Flood Control Zone District fund for the future. Crawford asked if they need to subtract $5 million from those amounts in the bottom graph if they want to keep that reserve. Hutchings stated that is correct. They are looking into what other counties are doing for their flood reserves and operating expenses. They Surface Water Work Session, 3/18/2008, Page 2 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. are also looking at whether $5 million is adequate to respond to different flood scenarios. There are other mechanisms for responding to floods, such as using general fund money or borrowing money. Nelson stated they should be developing infrastructure to prevent or mitigate flooding. Hutchings stated that is the intent of the Flood Hazard Management Plan. Nelson stated the amount they maintain in the flood reserve should be side -by -side with the long-term effectiveness of a flood mitigation plan. If they can reduce flooding impacts by a certain amount, they can adjust the ending fund balance accordingly. Hutchings stated that's true conceptually. Paula Cooper, Public Works Department, stated most of the money is for repair and maintenance. The County has not done a lot of mitigation. Over the next year or 18 months they will analyze recommendations in flood mitigation plan and come up with a list of projects they want to do so they can leverage repair money in the future to help implement the plan. They haven't spent a lot of money in the past on flood hazard reduction. Nelson asked if they weighted equally repair and maintenance with flood prevention when evaluating criteria for this integration project. Cooper stated the criteria depend on how the project affects health and safety, property, and other things. Crawford asked the impact of the changes to what they've traditionally done with Swift Creek. He asked if cost liability risk goes up because they don't do historic activities and if they must think about keeping more in the reserve. Cooper stated the cost of doing anything goes up over the years. Recently, they've spent about $200,000 per year, with some State money. The cost of work on Swift Creek has gone up, too. She doesn't know about potential liability. Hutchings stated it is a different liability. Crawford stated he's talking about downstream effects, not asbestos. They've dredged in the past because it improved the downstream situation. Now they will change what they do. That makes the situation downstream more tenuous. He asked if that is another liability they can't protect against. Cooper stated there are a lot of other significant problems out there. Hutchings asked if they all understand the FCZD fee history. Caskey-Schreiber stated the FCZD revenue indicates a potential levy of $4.28 million. She asked if that has to be voter -approved. Dewey Desler, Deputy Administrator, stated it is a Council decision, according to the law. The Executive believes that the public should be involved in tax increase decisions. If they explain themselves well, they will be successful. If not, they will get criticized. All the statewide tax initiatives over the last ten years indicate that the voters want to be involved in those revenue decisions. The administration respects that. There are significant projects to work on, including jails, water resource issues, and health. Take those issues to the voters and seek their consent. Surface Water Work Session, 3/18/2008, Page 3 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer asked if the administration believes that the bonding capacity decisions should go to the voters. Desler stated that if there is going to be an additional cost to pay for those bonds beyond what the County can pay back, it should go to the voters. The County made a lot of decisions to redo the courthouse, all within existing revenue capacity. They are close to paying off that bond. They've spent 17 years trying to pay off that debt with existing revenues. Crawford asked the levy amount on a per $1,000 basis. Desler stated it is $.14. That fee was reset at an amount that was about $.13 per $1,000. It generated about $2.5 million per year. Brenner stated they are in a recession. They must be very aware that this isn't a good time to raise anyone's taxes. Caskey-Schreiber stated she doesn't advocate for raising taxes. She just wants to know how to access that banked capacity. Nelson stated he would like to know the legal ramifications of each funding option. He would like to know for what the funding options can and can't be used and how they can be applied. Bill Derry, CH2MHill, referenced the list of selected special districts and a stormwater utilities in Washington State and their key components in the handout. They generally seem to agree there is a demand and possibly a need for more revenue. One question is whether funding is necessary. If so, they must be able to clearly articulate that need to the public. Another discussion is whether another source of funding is necessary. The County has additional banked capacity, which is impressive. Whatcom County has been responsible in managing its resources, and has some excess tax capacity, which is unusual. One option is to use the additional excess banked capacity. If that is not adequate or appropriate, other funding sources are available. A fundamental difference in sources is whether it is a tax or a fee. If it goes to a fee for services or contribution to a problem, the County must legally provide a clear, rational nexus between the fee and the service provided. With a general fee to everyone for a general purpose such as fish habitat, it's difficult to show that rational nexus between how much someone pays and how much someone benefits. That's not an issue with a tax. Consider whether the revenue can be collected and administered efficiently. They already have an efficient mechanism set up. Make sure the public understands the need and equity. The public must believe it's fair and necessary. There are many interest groups and geographic areas within the county. The County may fund the range of those activities with taxes. If there is a specific local benefit or interest, they may consider a local revenue source. A question is whether revenue should come from a fee, tax, or combination of the two. Surface Water Work Session, 3/18/2008, Page 4 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Have a discussion about the role of the cities, whether there is a clear benefit or contribution from the residents of the city, and whether there is a process for the cities to participate. He referenced and read through the table. Hutchings asked if the river improvement fund was a precursor for the flood control zone district. Desler stated he would have to check. Derry continued to read through the table. Most of the funding sources cross- reference each other. There isn't a big distinction about what they can do with these funds in the Revised Code of Washington (RCW). Hutchings stated the Flood Control Zone District funds can be used for a broad cross- section of things, including stormwater. He asked if it works the other way. Derry stated it does. Brenner stated she thought flood control is supposed to be about flood. It was changed from a fee to a tax. This looks like another way the State keeps throwing unfunded mandates to the counties and allows the County to use County taxes for those unfunded mandates. She asked if there was ever an intent for them to ever be different. Derry stated they were all generated at the specific request of counties. At some point in the past, there was a need requested of the State. In the late 1970's, counties asked for stormwater utility authority from the State, which the State granted. At some point, the counties asked for and received this additional authority. Many jurisdictions established stormwater utilities. Some later decided to ask for additional authority from the legislature to do flood work. Other counties went the other way and established a flood control zone district. It wasn't clear that they could do urban drainage, so they asked for that authority from the legislature. That's how they evolved. Fleetwood asked the distinction between a stormwater utility and the stormwater projects allowed under the flood control zone district, in RCW 86.15. Derry stated there isn't much difference. The difference is that a stormwater utility is a fee, based either on contribution from impervious area. The FCZD authorizes that utility mechanism. The FCZD also allows a tax. RCW 36.89 is specifically a fee. Nelson stated a problem is associated with trying to raise the revenues necessary to accomplish anything useful because of the cities. The population in the cities have taxes as well. They may talk about raising revenues in a flood control zone district countywide or a flood subzone. They can't really impose a flood subzone tax on city citizens because of the City's senior stormwater rights for that type of work. He asked if the City already has taxes from residents in the city for stormwater protection in the watershed and water quality issues. Dan Gibson, Prosecutor's Office, stated the City is currently imposing a fee for stormwater issues. Politically, it would represent a significant conflict for the County to impose a tax at the same time for the same stormwater purpose. (Clerk's Note: End of tape one, side A.) Surface Water Work Session, 3/18/2008, Page 5 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Gibson continued to state that any tax imposed by the County would be outside the city limits, and just in unincorporated areas of Whatcom County around the lake. It would not generate an amount that is significant. Weimer stated it would be politically difficult, but not illegal. Derry stated it's not a junior taxing authority. It's not a taxing issue. Weimer stated it's something they'd have to work out with the City. Nelson stated that the City's fee doesn't preclude the County from creating a subzone that uses additional monies for water resources and stormwater protection of their drinking water source. He asked if a sub -district could include the city. Derry stated it's not a junior/senior taxing district issue. It's a different issue. They are also limited from charging twice for the same service. That's the issue. Gibson stated that for taxing districts, the flood sub -zone is the most junior of the taxing mechanisms. That is for taxing purposes. That doesn't answer the question of how it relates to a general purpose district imposing an assessment. The question is whether a tax from a junior district could override a fee from the general district. The political issue is joined. The fee by the general purpose district doesn't rule out the junior district tax. The people paying the fee may have a strong argument that they are paying a fee for something for which they are taxed by someone else. Derry continued to read through the table. Nelson asked who sets up the Lake Management District. Caskey-Schreiber stated the issues would be the same with the City as the previous issue. The stormwater fee is supposed to go to that purpose. Derry stated the question is whether counties can impose a lake management district inside a city. The Lake Stevens Lake Management District includes portions of the city of Lake Stevens. It can be done. Gibson stated they've used the lake management district at Lake Samish. Special assessment is the revenue mechanism, based on benefit or rates and charges. That has the same conflict with another jurisdiction imposing a rate or charge for the same thing. Brenner asked if the conservation real estate excise tax (REET) is for cities and counties, or just counties. Derry stated he believes it's just for counties. Brenner stated that seems disingenuous from the State. The County is forced to funnel all economic development into the cities. The County doesn't get any REET from the cities. Nelson stated the County has to correct all the problems, but doesn't get any money to do that. Surface Water Work Session, 3/18/2008, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Desler asked to what the tax in the stormwater utility option refers. Derry stated he will find that information. Caskey-Schreiber stated they are not going to use any of the taxing options. The best thing for them to do is to prioritize and then take it to a vote of the people. Fleetwood stated the table talks about the underlying assumption that they need more revenue. A question is also whether funding is necessary. There is a difference between necessity and need. He asked how they've defined necessity. He asked if the Speicher 9000 decision support system (DSS) will prioritize need or necessity. They must have a clear notion of necessity. Derry stated they need food, water, shelter, and safety. Everything else is a want. They began this process by looking historically at what County's must do. It's a short list. Everything else is public expectation. Legally, they don't have to provide flood protection. They have to have a plan that says how they will or will not reduce flood hazards. A road closed sign on the road, for example, can be the extent of the plan. Fleetwood asked if they are considering that what is necessary and what is needed are the same things. Derry stated they are. Hutchings stated the database allows them to define mandates. There are hard mandates and soft mandates. They can figure out the cost of implementing mandates, and begin the discussion there. Weimer stated that's what they'll discuss at the next meeting. Fleetwood asked if they must define what is necessary before going to the public for more revenues. He asked if they've done that. He's not sure the Speicher system does that. Derry stated necessity is national pollutant discharge elimination system (NPDES) compliance and doing some plans. There's no requirement to build and maintain flood structures, but they have to maintain them to get Army Corps of Engineers funding. There is no requirement for counties to restore habitat, but there are strong public expectations to do that. There are requirements to have land use plans that define how and whether they are going to protect habitat. Desler stated there are requirements from court decisions about total maximum daily load (TMDL) study standards. Derry stated that's correct. Nelson stated they would only lose funding sources. They still have a choice. Derry stated the TMDL requirements would go into the NPDES permit, which makes them enforceable. Fleetwood stated they must find answers to these key questions. He asked if Mr. Derry will put together a recommendation that the Council will consider later. Hutchings stated the intent now is to provide the Council with a look at what those mandates are. Talk about the level of service. There will be a list of activities that are Surface Water Work Session, 3/18/2008, Page 7 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. sorted by when they are implemented, whether they are required by any kind of legal mandate, and whether funding is identified. Make some sense out of all those pending activities over the course of the next couple of years. From that list of activities, the Council can decide whether it agrees with the list and then whether it is reasonable, given the existing and projected resources. The Council can also take a look at what resources have to be raised to fund a higher level of service. They will bring that information to the Council based on the concept of what the County must do versus what the County wants to do. It is a discussion about the Council's priorities. Weimer stated that at some point, define the legal mandates and desired projects. Derry stated he will present to the Council a list of projects identified in the CWRIP process, ranked by their environmental benefit. There will be a separate list of the legal requirements and their associated costs. Fleetwood stated another question is general funding source or local funding source. He asked how that information will be processed and presented. Hutchings stated that as they define the activities with a larger, countywide benefit that are also mandated, they'll find certain local activities that they can't afford. If those activities are important for local communities, the County can create an environment in which the communities can complete those activities. Nelson stated prioritize countywide plans and projects. They have a community response to those needs. The County must have a similar process in place for communities to identify their priorities. If a community has a highly developed project with funding, it becomes a higher priority for him. Desler stated they are considering the tools that may exist. He would like more information about a stormwater utility and see examples of how other counties and cities have worked together to overcome that tax/fee issue. The City of Bellingham and Whatcom County are talking about working together intensely around Lake Whatcom. This could be a test of whether or not they can carry out something significant in a collaborative way. The road fund is used for some stormwater work. It isn't listed in the table. Derry stated there are clear limits on the use of road funds. The funds don't have to be spent specifically in a right-of-way, but it has to be clearly tied to a road need. Since a majority of increased stormwater flows come from the impervious surfaces of roads, they can do a lot more with road funds than people have historically done. The issue of local options is a good discussion. The discussion of taxes versus fees was also good. Whatcom County now has excess taxing authorities. It's unusual for a county to have excess capacity. A reason many jurisdictions have gone to fees is because they've used up all their capacity, or they want to save it for emergencies. In weighing a tax versus a fee, consider that the tax revenues changes over time. It becomes difficult to manage a program that takes six years to finish a capital project when revenues depend on taxes. An advantage of a utility fee is that it's more predictable and stable. They can plan a capital program on that certainty. Weimer stated he's been looking at these things for years. The flood control zone district mechanism, which they already have set up, provides the most flexibility and can raise the most money, especially if they get over the junior/senior taxing priority. He would Surface Water Work Session, 3/18/2008, Page 8 110 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. like to know how Drayton Harbor shellfish issue fits in. They can do everything they want with the FCZD. Nelson stated he also has the same questions about the shellfish protection district. The FCZD seems the best mechanism for countywide purposes. He would like to see if they can work with the City on a lake management district for Lake Whatcom regarding stormwater management. There may be opportunities to work with the City on a fee structure to manage stormwater. Weimer stated a drawback of the FCZD is that a subzone of the district can be overthrown and taken over by a vote of the people. That can't happen with a stormwater utility. He asked if that's ever happened. Derry stated he didn't know. Hutchings stated they will address the Council's questions at the beginning of the next work session. They will review different levels of service at that time. At that point, the discussion will become interesting. Staff will provide a summary of what that information will look like, for the Council's review, before the work session. If there are specific questions, bring them to him before the meeting so he can provide an answer at the meeting. ADJOURN The meeting adjourned at 11:30 a.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Surface Water Work Session, 3/18/2008, Page 9 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole April 15, 2008 Council Chair Carl Weimer called the meeting to order at 1:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson 1. ORDINANCE FOR PROJECT -BASED BUDGET REQUEST NO. 2008-02 FOR COUNTY ROAD PROJECT 905014, REPLACEMENT OF THE WHATCOM CHIEF (AB2008-109) Frank Abart, Public Works Director, stated he is available for questions. Crawford moved to adopt the ordinance. Fleetwood stated he talked to the County Road Administration Board (CRAB) representatives. There is an assumption that the County will use the money. At some point, the CRAB may decide that the County isn't going to use the money. There is no deadline to make a decision today. The CRAB wants to hear officially if the County will accept the $8 million grant. The timeline is a gray area. The $8 million is for a ferry as currently designed, plus dock improvements. There is an open question about whether or not the County will lose the $8 million if they learn in the future they have to have a new dock location in the future. That is a question for the CRAB. Abart stated his impression from the CRAB is that they want a County decision before its board meeting tomorrow. He has not heard about a flexible deadline. If they acquire another ferry, there will be an additional expenditure to accommodate the ferry on the dock. They must do about $4 million worth of dock work, regardless of which ferry they have. Weimer asked how the CRAB grant is relevant to the docks. The CRAB money doesn't even cover the cost of the ferry. Nelson stated it comes down to dock location. He asked how well the current ferry can use another location, if the location changes. Abart stated that's difficult to say. They don't have any idea of potential locations right now. A dock relocation study is underway. Nelson asked if the Whatcom Chief is able to operate from any location in the area. Abart stated any new dock relocation will have to take into consideration all the technical Special Committee of the Whole -New Ferry, 4/15/2008, Page 1 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. aspects. They haven't even identified possible locations. That work is years away. Optimistically, it will take ten or 20 years to relocate anywhere. Weimer stated there are six or eight other locations identified. He asked if all those sites are on the Lummi peninsula, or if some are in Fairhaven. Abart stated they go all the way to the Port of Bellingham. Locations are not limited to the Lummi peninsula. Brenner asked if they are not going to do any changes to the docks until they determine whether or not they are going to be there for awhile or whether they will move. Abart stated that's not accurate. They still have to do repair work on both existing docks, regardless. Weimer stated they have $4 million of work to do if they don't make any changes. Brenner stated he said there is an additional $1.2 million of work that needs to be done. Abart stated that additional cost was if they acquire a new ferry to accommodate a new ferry. Fleetwood stated he suggests asking the question to the CRAB about keeping the $8 million with a different dock location. He would like an answer from the CRAB. During the time they are waiting for the answer, the County will not lose the $8 million. Weimer stated they may not get an answer on potential dock location sites for five years. Fleetwood stated ask the question to CRAB about whether they lose the money if there is another dock location. If the answer is no, it may be relevant in the Council's decision -making. Caskey-Schreiber asked why that is relevant to accepting the money. The new ferry may be able to adapt to different dock situations. However, if the County does not buy a new ferry, and the County is forced to move to a location where the Chief can't operate, that will be relevant if the County had decided to turn down the $8 million. The Lummi Tribe doesn't want to kick the County out of the site. She asked why that would be a catalyst for the CRAB to give the County extra time. Fleetwood stated the CRAB questions whether the dock location is relevant to the County's entitlement to $8 million. If the Lummi Tribe is inclined to move the dock location, if today the Council votes to accept the $8 million, and if they learn in the future that the new boat is not compatible with the new dock, it's money wasted. Caskey-Schreiber stated it's more likely the new boat will be more accommodating to a new dock location than a the old boat. Abart stated dock relocation would require dock construction. Construct a dock to make sure it works with whatever boat they have. Nelson stated the CRAB has more projects in line than Whatcom County's project. It wants a decision next week. It will not hold the money. The County has a limited amount of time in which it can use the money. Special Committee of the Whole -New Ferry, 4/15/2008, Page 2 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Abart stated the CRAB assumes the County already decided it wants the new boat. Their indication for final decision is that the County will put the boat out to bid. Weimer asked the condition of the hull since 2005, when it was deemed in good condition. L. Paul Zankich, Columbia Sentinel Engineers Principal Naval Architect, stated they have done surveys about every three years. The Whatcom Chief hull has continued to show that it is in very fine condition. It still shows two to six percent degradation in spots. They don't think about replacing hulls until about 25 percent. He doesn't suspect that the hull shows a propensity for accelerated corrosion. What they see in the report is a mis-wire in the boat, such as the generator system or bilge, or the Lummi Island dock has straight currents. When the smallest flake of paint is missing from the hull, all that straight current accelerated corrosion will concentrate in that pinhole and surrounding area for eight to 12 inches. The flake he saw is indicative of straight current corrosion. They've replaced a lot of plate on the boat, in the sizes of approximately three feet by four or five feet, for a little hole that was approximately three-quarters of an inch in diameter. That is not indicative of the hull condition. The hull is in excellent shape. The maintenance department needs to do a silver chloride probe survey of the dock where the boat sits, look for the straight currents, and find the mis-wiring. That will go away. If they continue to coat the vessel as they have in the past, it has a long life. This boat will last. He doesn't know if it's the right size. Weimer asked if the rest of the boat is in good shape. They hear that repairing the Whatcom Chief will cost more than the purchase of a new boat. Zankich stated the County has replaced much of the equipment and systems over the years. The boat's electrical systems are up to date. Weimer stated it's not the age of the boat, it's straight current corrosion. Caskey-Schreiber asked a cost estimate to make it Americans with Disabilities Act (ADA) compliant. Zankich stated that to make one of or both cabins ADA compliant, they'd have to do retrofits to the cabin. They'll never make the restroom ADA compliant. Making handicap lanes would be difficult. They were able to extend the deck on the Guemes Island ferry. Brenner asked if there are any federal regulations to require the County to retrofit the Chief to ADA standards any time soon. Zankich stated he is not aware of that. Weimer asked Mr. Zankich to address the propulsion system. Zankich stated he hasn't looked at the propulsion system, even though he is familiar with it. There is a variety of propulsion systems that are appropriate. Generally little boats have direct drive diesel. Kelly asked if there are no over -arching safety concerns related to the hull that they've overlooked. Zankich stated there are not, as long as they keep up maintenance. Nelson stated the Coast Guard report raised conditions about ADA compliance and the hull. He asked what drove this issue in the first place. Abart stated the original reason for getting a new ferry was car capacity. They may keep the Chief forever if they keep up on maintenance. There are also issues related to safety in terms of ADA compliance. Special Committee of the Whole -New Ferry, 4/15/2008, Page 3 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer asked if maintenance will be more and more costly. Zankich stated labor rates and steel costs are going up. Electronic costs are going down. He can't predict that those maintenance rates will go up. There is a natural attrition of costs. The steel hull won't degrade any more rapidly than it has over the last 50 years. They should pay a little more attention to landings, but that's all. Crawford asked if a new boat requires fewer maintenance costs than a 50-year old boat. Zankich stated it does. The equipment they put on the Whatcom Chief 10 years ago needs extra maintenance or replacement now. A new boat will not need capital maintenance for several years. Fleetwood asked if there are any examples of an ADA compliance issue pointed at a ferry, so the ferry had to stop service until compliance. Zankich stated he's never heard of that. Jurisdictions do the best they can to comply, including make special accommodations for those who need it. Abart stated the County, as a public entity, has a responsibility to meet reasonable ADA requirements. Weimer stated if the $1 million cost to refurbish the Whatcom Chief is to comply with ADA requirements. Abart stated it is. They have the issue during dry dock every year. Caskey-Schreiber asked about degradation in the quality of steel during initial construction, and whether a new boat will have the same quality of steel. Zankich stated they use the same standard for steel. They will get the same steel quality in a new vessel. Caskey-Schreiber stated Mr. Zankich's questions helped her make a decision. There are many benefits of a new ferry. The benefits include knowing they are investing in infrastructure with the help of grants, being ADA compliant, fewer uncertainties during dry dock, and increased capacity. The drawbacks, which swayed her decision, include that the grant money isn't up- front and has associated costs to that debt. The biggest drawback is that the new ferry would significantly increase operating costs. Given today's uncertainty of their dependence upon fuel, she's leery of going down that road for a small population. It will change the community forever. People will have to move off the island because the ferry rates will be too high. It's likely that the rates will triple. Fuel costs will continue to rise. There will also be hidden, unknown costs, such as making the staging areas larger on either side. In spite of the CRAB grant, she is not comfortable purchasing a new vessel. Nelson asked if Mr. Abart's recommendation is to adopt the ordinance. Abart stated it is. Nelson stated his concern is ADA compliance and the safety of passengers. The boat hull will last a long time. However, the Whatcom Chief will continue to have problems. The County has a liability for those passengers. The administration recommends going forward with this contract, but the Coast Guard indicates problems. He's not sure how to comply with ADA requirements and still have a cost -savings to the community. Certain safety issues don't have to do with ADA requirements. Insurance is another question. Act Special Committee of the Whole -New Ferry, 4/15/2008, Page 4 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. responsibly to understand that the County is responsible for each and every individual. He asked how other communities handle insurance. Other communities are going before the CRAB for grants. Abart stated the County is in compliance with Coast Guard requirements. When the Coast Guard says the County isn't in compliance, the County will have to address those issues. Nelson asked if they are okay with insurance requirements if they are okay with the Coast Guard. Abart stated they are. That's part of compliance. They don't get insurance without Coast Guard appliance. He acknowledges that there are some safety concerns. Brenner stated this is the toughest decision for her since she's been on the Council. Mr. Zankich has been familiar with the boat for a long time. The kind of money they are talking about over time is significant. She can't come up with a reason to not believe Mr. Zankich. It seems they will get quite a few years from the boat by doing routine maintenance. People will be upset no matter what the Council decides. Kelly asked if Whatcom County is looking at new dock sites on the mainland side. Abart stated he doesn't know. Other sites were considered during the feasibility study. Kelly stated he has concerns about the budget impacts over the next 20 years and how it would affect the entire county. He is not comfortable strapping the county to future debt when they don't have a serious safety issue. With good maintenance, the Whatcom Chief will last a good, long time. Also, it appears that the County administration is looking at additional sites, but the Council has never received a briefing about it. They have never discussed whether a new site would necessitate a new ferry design. Since they don't know where the ferry will end up on the mainland in the future, and the fact that a new location will lead to a new design, there is too much uncertainty to move forward with this proposal. He will not vote for a new ferry. It's too uncertain to move forward. Fleetwood stated he's struggled with the need for a new ferry at some point in the next generation, and whether it would be this cheap. (Clerk's Note: End of tape one, side A.) Fleetwood continued to state that a new ferry would not stimulate new growth on the island. Growth is controlled by zoning, not ferry boats. He is also sensitive to the concern about passenger rates. He asked if Councilmember Caskey-Schreiber considered the relatively inexpensive cost, which they may never get again. Caskey-Schreiber stated she did, but there are 800 people on the island. There is potential for another 300 new homes. That is a huge investment for not many people. There are many other projects for which they're trying to find funds. The County road fund is over -budgeted now. They must make hard decisions about the infrastructure this County can invest in right now. If the situation can continue to work, she won't take on the financial burden when there is another option. Weimer stated he is also against the motion. Remodeling the existing ferry and docks will cost about $5 million. A new ferry will cost $12.6 million, even after the State grant. A new ferry will cost $7.5 million more than a remodel. The bigger concern is the higher operating cost of $800,000 more per year for the new ferry. Both ferries will be ADA Special Committee of the Whole -New Ferry, 4/15/2008, Page 5 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. compliant at some point. They already addressed the question of hull corrosion. The dry dock costs for the Whatcom Chief will cost more, but not as much as the additional fuel or staffing level for a new ferry. They are uncertain about the Lummi Nation dock lease. The capacity needs have changed. They can build in peak hour fares to deal with capacity issues. Different types of loading can deal with the issue of getting in and out of the cars. A new ferry isn't a good option at this point, especially with the fuel costs going up. He will vote no. Motion failed 2-5 with Nelson and Crawford in favor. Desler stated he recommends that the Council allow the County to ask the County Road Administration Board (CRAB) to amend the County request to use the $8 million grant to renovate the Whatcom Chief ferry and make dock improvements. Fleetwood moved to allow the County to ask the County Road Administration Board (CRAB) to amend the County request to use the $8 million grant to renovate the Whatcom Chief ferry and make dock improvements. Motion carried 4-0 with Nelson, Brenner, and Kelly out of the room, OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at approximately 2:30 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Special Committee of the Whole -New Ferry, 4/15/2008, Page 6 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council May 6, 2008 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS There were no announcements. MINUTES CONSENT Absent: None Brenner moved to approve the Minutes Consent items one through nine. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR MARCH 11, 2008 2. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 18, 2008 3. COMMITTEE OF THE WHOLE FOR MARCH 25, 2008 4. REGULAR COUNTY COUNCIL FOR MARCH 25, 2008 5. COMMITTEE OF THE WHOLE FOR APRIL 8, 2008 6. REGULAR COUNTY COUNCIL FOR APRIL 8, 2008 7. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 22, 2008 8. COMMITTEE OF THE WHOLE FOR APRIL 22, 2008 9. REGULAR COUNTY COUNCIL FOR APRIL 22, 2008 Whatcom County Council, 5/6/2008, Page 1 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. OPEN SESSION The following people spoke: Kathy Warner, Kendall Watch Community Action Group, stated she supports the Kendall area urban growth area (UGA) as submitted to the Planning and Development Services Department. The Columbia Valley area needs a park, pharmacy, and grocery store. She supports the Foothills Subarea Plan. Veronica Dearden, Kendall Watch Community Action Group, stated the area used to be a recreation area, with mostly Canadian residents who vacation in the area. No new facilities have been built in 41 years. Now, there are 4,000 people in a two mile radius. It is the fourth most populous area in Whatcom County. Out of 4,000 total residents of the area, about 17 to 20 people repeatedly cause trouble. Those few people have given the area a bad name. They need community facilities and amenities for their well-being. She supports the Foothills Subarea Plan. Joyce Sappington, Kendall Watch Youth Coordinator, stated she thanks the Council for supporting the Kendall Watch Community Action Group on issues in the community. She supports the Foothills Subarea Plan. The plan provides for local businesses and jobs. They won't be forced to leave the area to meet those needs. It will also provide jobs and services for the youth. Now, they don't even have a local park. Approve the plan. Norma Otto, Kendall Watch Community Action Group and Water District 19 Commissioner, stated they are in the process of putting a street light district together. It will make a dramatic difference to the Paradise Lakes area. Also, District 19 and District 13 commissioners will work on a joint emergency plan for the two districts. They are continuing cleanup efforts. They have collected garbage, appliances, and scrap metal. She thanked the Council for supporting that effort. She supports the Foothills Subarea Plan, especially the commercial overlay district. It should help revitalization efforts. She submitted photos of a property that needs revitalization (on file). The site is a blight. It is being used as a dump site. They can't seem to do anything about it. There are several sites like this. Without the commercial overlay that's in the plan, they will have to continue to fight these issues. Caskey-Schreiber asked when the Planning Commission will see the Kendall Subarea Plan. David Stalheim, Planning and Development Services Department Director, stated the staff are in the middle of writing a supplemental draft environmental impact statement (EIS). Council authorized a contractor to review the water quality component of the draft EIS. They are also working on the transportation component. They hope to release the draft EIS in July. After that, they will go through public comments, publish a final EIS, and hold a hearing probably this fall. Johnnie Grames, 1506 E. Maplewood Avenue, stated make the process of deciding on a new jail a public process. Two weeks ago, the Council approved a study on adding 50 new work release beds at the interim jail. Whatcom County Council, 5/6/2008, Page 2 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dan McShane, 1451 Grant Street, Bellingham, stated he supports the administration's recommendation to not extend the preliminary plat approval for Governor Road at Lake Padden. The total maximum daily load (TMDL) study of Lake Whatcom now will happen to Lake Padden in 20 years if they don't do something. John Hutchings, Public Works Department, stated the staff is hosting a meeting tomorrow night at 7 p.m. for the community on the coordinated water resource integration program (CWRIP). He hope to see councilmembers there. Marian Beddill, People for Lake Whatcom, read from a letter her group sent to the Council today (on file). She supports the Lake Whatcom Comprehensive Stormwater Plan and pollution control at the source. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through three. Motion to approve Consent Agenda items one through three carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM HERALD, TO PRINT REQUIRED PUBLICATIONS IN THE AMOUNT OF $11.34 FOR A SINGLE COLUMN, PER COLUMN ONE -INCH FIRST INSERTION, AND $10.50 PER COLUMN INCH FOR THE SECOND AND ALL SUBSEQUENT INSERTIONS (AB2008-192) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE NORTHWEST HIGH INTENSITY DRUG TRAFFICKING AREA BORDER TASK FORCE PROSECUTION INITIATIVE IN THE AMOUNT OF $160,724 (AB2008-193) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM HIGHLAND GAMES ASSOCIATION TO HOLD THE EVENT AT HOVANDER HOMESTEAD PARK EACH YEAR, 2008 — 2012, IN THE ANNUAL AMOUNT OF $4,490 (AB2008-194) OTHER ITEMS 1. RESOLUTION APPROVING THE LAKE WHATCOM COMPREHENSIVE STORMWATER PLAN (2008-181) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Whatcom County Council, 5/6/2008, Page 3 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nelson stated he is in favor of the resolution. The work done on the plan is commendable. He thanked Councilmember Fleetwood for working on the plan. Many things can be done that will have great positive impacts to the lake. This is the right thing to do for the lake. Weimer stated he will support the resolution. The Public Works Department staff think the idea of the pilot project is an interesting idea. Motion carried unanimously. 2. RESOLUTION AUTHORIZING WHATCOM COUNTY'S APPLICATION FOR FUNDING ASSISTANCE TO THE RECREATION AND CONSERVATION OFFICE, WASHINGTON WILDLIFE AND RECREATION PROGRAM PROJECT TO AID IN THE FINANCING COST OF LAND ACQUISITION AND PRESERVATION OF FARMLAND, THE SUBJECT PROPERTIES ARE THE SORENSEN AND PERRY FARMS (AB2008-191) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Motion carried unanimously. 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HERRERA ENVIRONMENTAL CONSULTANTS FOR PORTAGE BAY SHELLFISH PROTECTION DISTRICT FECAL COLIFORM BACTERIA MONITORING IN THE AMOUNT OF $57,925 (AB2008-178) Nelson reported for the Finance and Administrative Services Committee and moved to approve the request. Motion carried unanimously. 4. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH BRICKLIN NEWMAN DOLD, LLP, TO ASSIST IN REPRESENTING THE COUNTY BEFORE THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD, IN THE AMOUNT OF $90,000 (AB2008-182A) Brenner moved to approve the request. Motion carried 5-2 with Crawford and Nelson opposed. 5. CONSIDERATION OF REQUEST FOR EXTENSION OF PRELIMINARY PLAT APPROVAL FOR GOVERNOR ROAD — PHASE II, SUBMITTED BY DARCY JONES, PLS, AICP, JONES ENGINEERING (AB2008-184) Fleetwood reported for the Planning and Development Committee and stated this item comes forward with no recommendation. He is in not favor of the extension. He moved to approve the extension so there can be a vote. Many things have changed. There Whatcom County Council, 5/6/2008, Page 4 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. are new standards and rules in place. This development will be in place for decades. This is an opportunity to improve the environmental protection. Motion failed 3-4 with Crawford, Nelson, and Brenner in favor. Addendum: DISCUSSION OF PROPOSED LETTER TO BE SENT TO GOVERNOR CHRISTINE GREGOIRE REGARDING THE NEED FOR STATE ASSISTANCE TO MANAGE SWIFT CREEK'S NATURALLY -OCCURRING ASBESTOS (AB2008-027A) Weimer reported for the Planning and Development Committee and stated they will not send the letter. Crawford stated there was a recommendation to send a letter to send a letter to the head of the State Department of Ecology. Executive Kremen sent a letter today to the head of the State Department of Ecology Pete Kremen, County Executive, stated he is seeking assistance from the Governor and State of Washington. He is in favor of the Executive and Council sending a letter to the Governor or head of the Department of Ecology as a joint communication. His staff can draft the letter. Brenner stated the Department of Ecology is not interested in taking the lead in this project. The only thing the County can do is ask for money and any offer of help. No one wants to take this project on. Kremen stated the County must express its position on the issue to the Governor and Department of Ecology Director. This issue will need State, local, and federal cooperation. He is pursuing those partnerships. Brenner stated that the Department of Ecology is interested in providing assistance, but not taking the lead. She doesn't care who takes the lead, if they can get enough money. The County can't do this project by itself. That should be the focus of the letter, rather than putting any constraints on how the money should come to the County. Crawford moved to authorize the Council Chair to co-sign the letter with the Executive when the letter is written. Weimer stated set aside the issue of who will coordinate the project, and focus on the resources. Kremen stated they ought to address the Governor, and send a copy to the Director. Motion carried unanimously. 6. APPOINTMENTS TO THE BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT AND ADVISORY COMMITTEE, APPLICANTS: CHRISTINE AUSTIN, RALPH FALK, ALAN FRIEDLOB, T. KEATS GARMAN, LESLI HIGGINSON, DONALD IMHOF, GERALD LARSON, DON MONTFORT, AND DENNIS SANDVIG (INITIAL APPOINTMENTS WILL BE STAGGERED TERMS, Whatcom County Council, 5/6/2008, Page 5 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WITH TWO MEMBERS APPOINTED FOR TWO YEARS, TWO MEMBERS APPOINTED FOR THREE YEARS, AND ONE MEMBER APPOINTED FOR FOUR YEARS) (AB2008-129A) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Weimer stated the person with the most votes would be appointed to the position for four years, the two people with the second and third most votes would be appointed for three years, and the two people with the fourth and fifth most votes would be appointed for two years. Fleetwood nominated all applicants. Crawford voted for Falk, Friedlob, Higginson, Montfort, and Pruitt. Kelly voted for Friedlob, Garman, Higginson, Larson, and Sandvig. Brenner stated they are supposed to be considering geographic diversity. The Councilmembers should consider that when voting. Fleetwood voted for Austin, Friedlob, Garman, Higginson, and Sandvig. Weimer voted for Friedlob, Garman, Higginson, Imhof, and Larson. Brenner voted for Falk, Garman, Imhof, Montfort, and Sandvig. Nelson voted for Falk, Friedlob, Higginson, Imhof, and Montfort. Caskey-Schreiber voted for Austin, Friedlob, Garman, Higginson, and Montfort. Weimer stated the top votes go to Alan Friedlob, T. Keats Garman, Lesli Higginson, and Don Montfort. There is a three-way tie for the last vacancy. Caskey-Schreiber stated she will change her vote. Brenner stated there is no one from the Ferndale area on the committee. Crawford stated he will change is vote for Pruitt to a vote for Imhof. Weimer stated Donald Imhof is appointed to the last vacancy. There is a tie for the four-year term. Caskey-Schreiber moved to appoint Alan Friedlob to the four-year term. Motion carried unanimously. Weimer stated the appointments are as follows: • Alan Friedlob, four years • T. Keats Garman, three years • Lesli Higginson, three years • Don Montfort, two years Whatcom County Council, 5/6/2008, Page 6 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Don Imhof, two years Brenner stated this committee needs to meet in the evenings. People are concerned that the meetings be held for the public in the meeting. Not everyone can go to a daytime meeting. 7. APPOINTMENT TO FILL THE BUSINESS/INDUSTRY REPRESENTATIVE VACANCY ON THE SOLID WASTE ADVISORY COMMITTEE, APPLICANT: CARL LUNDGREN (AB2008-186) Brenner moved to appoint Carl Lundgren. Motion carried unanimously. INTRODUCTION ITEMS 1. 2. 0 4. S. 6. 7. 8. Brenner moved to accept the Introduction Items. Motion carried unanimously. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-06 (AB2008-138A) (RESOLUTION BEING REINTRODUCED FOR PUBLIC HEARING NOTICE PURPOSES) RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-07 (AB2008-139A) (RESOLUTION BEING REINTRODUCED FOR PUBLIC HEARING NOTICE PURPOSES) RECEIPT OF AN APPEAL FILED BY VIRGINIA WATSON OF HEARING EXAMINER'S DECISION ON REMAND ON CUP06-0031 REGARDING LAKE WHATCOM RESIDENTIAL TREATMENT CENTER (AB2007-321B) ORDINANCE TEMPORARILY REMOVING THE LOT CLUSTERING PROVISION FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2008-189) ORDINANCE REPEALING WHATCOM COUNTY CODE SECTION 9.04.030, PUBLIC CARDROOMS PROHIBITED - RESTRICTIONS ON SOCIAL CARD GAMES (AB2008-190) ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, SIXTH REQUEST, IN THE AMOUNT OF $1,040,180 (AB2008-195) ORDINANCE DEFINING "INDIGENCE" FOR THE VETERANS' RELIEF FUND (AB2008-196) RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT APPLICATIONS, MASTER FILE NUMBER OS2008-2 (AB2008-197) Whatcom County Council, 5/6/2008, Page 7 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 9. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN SPACE CURRENT USE ASSESSMENT APPLICATIONS, MASTER FILE NUMBER OS2008-3 (AB2008-198) 10. RESOLUTION TO VACATE A PORTION OF WILLOW STREET (AB2008-105A) 11. RESOLUTION ESTABLISHING A PEAK OIL TASKFORCE TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE CONSEQUENCES OF DIMINISHING ENERGY RESOURCES ON WHATCOM COUNTY AND THE CITY OF BELLINGHAM (AB2008-200) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Pete Kremen, County Executive, stated the local, State, and federal first -responding agencies held a simulated terrorism attack in the Birch Bay area. It was a good collaboration between the public and private sectors, including British Petroleum (BP) and St. Joseph's Hospital. Public safety was the ultimate objective today. They demonstrated that they are all working in true collaboration. He thanked Communications Coordinator Joe Bates for his work today. The federal and State governments are aware of the vulnerability of this area in terms of natural disasters and terrorist threats. Brenner asked what's happening with the Chambers video project. It's on the schedule. Weimer stated he attended the first Lake Whatcom Policy Group meeting yesterday. They discussed how sewer hookups are no longer allowed outside urban growth areas (UGA's) in the Lake Whatcom watershed. It was a good first meeting. ADJOURN The meeting adjourned at 7:45 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Whatcom County Council, 5/6/2008, Page 8 125 1 2 3 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair Whatcom County Council, 5/6/2008, Page 9 126 WHATCOMCOUNTYCOUNCILAGENDABILL NO. AB2008-215 CLEARANCES Initial Date Date Received in Council Office Date Assigned to: Council Originator: Twh 05/08/08 —Agenda 6/J/08 Division Head: Dept. Head: 6� Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Public Records Performance Audit Report ATTACHMENTS: Final Audit Report for Public Records SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO Requested Date: 6 / 3 / 08 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) As authorized through Initiative-900 a public hearing must be held within 30 days of the release of the public records audit report. The final pubic records audit report was released on May 19, 2008. There will be a brief overview of the report and the results specific to Whatcom County's performance. 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. 127 .�GOM co WHATCOM COUNTY P EXECUTIVE'S OFFICE J County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 SHrN�� MEMORANDUM TO: Whatcom County Council Members FROM: Dewey Desler, Deputy AdministratorA�j DATE: 5/19/08 SUBJECT: Public Records Performance Audit Pete Kremen County Executive Dewey Desler Deputy Administrator Requested Action: A public hearing is requested to review the final report of the public records audit scheduled for release on May 19, 2008. This report includes an evaluation of Whatcom County's performance in providing public records. Background and Purpose: The release of this audit report triggers a series of actions by the state Legislature. One such action is for the council to hold at least one public hearing within 30 days of this report's issue to receive public testimony. The Council will then publish a summary of -the public testimony on its Web site after the hearing. This will be accomplished through the council minutes. I'm pleased to note that the final audit report identified Whatcom County as a "Best Practice County" in implementing and adopting Public Records policies and processes. Also, the performance evaluation reported that "one of the best examples we found was Whatcom County's Web site(hftp://www.whatcomcounty.us/publicrecords/), which provides a direct link to the county's Public Records Officer under a heading of "Hot Topics". The State Auditors also confirmed their respect for our process by adding that they would be replicating many components of our public records disclosure process into their own organization. Outcome: Whatcom County will have fulfilled the state requirement to hold a public hearing within 30 days of the release of the final Public Records Performance Evaluation Audit. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 128 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2 0 0 8 — 2 2 4 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. SM 5120108 'D-' E C E V E D MAY 2 7 2008 Tune 3, 2008 Council Division Head. - Dept Head: Prosecutor: WHATCOM COUNTY � UI N C COUNCIL Purchasing/Budget: Executive: / �tft °Z � B TITLE OF DOCUMENT. Reappointments to the Northwest Senior Services Board ATTACHMENTS: NWRC Executive Director correspondence recommending the re -appointment of Gil Thurston and Alan Friedlob. 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 reappointment of Gil Thurston and Alan Friedlob 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 129 NORTHWEST REGIONAL COUNCIL April 23, 2008 , Pete Kremen, Whatcom County Executive Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Dear Pete, The term of, Pit Th.4rsto,n:gf;t.he Northwest Senior Services Board ends on June 30, 2008. Mr. Thurston has expressed a desire to be reappointed to a new three-year term beginning July 1, 2008 and ending June 30, 2011. As a board member and chair, he has provided exemplary service to the board. P1ese lirt`us knrinw tieecisith rtitLdirgutfe'"fpr��i'i�eh��of`M�. ��hli��f�hY tow the,Nerl lwest�S io( S.i"1 I es Boo* Should he be reappointed, Whatcom County will have two remaining slots vacant and we will continue to recruit candidates for your consideration. If I can be of `urther assistance, please do not hesitate to contact me. Sincerely, Victo Exec 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 Q:\NWSSB\Appoint,Reappoint,Resign\Reappointments\2008 Whatcom Reappt Request_Thurston.doc 130 NORTHWEST REGIONAL COUNCIL April 23, 2008 Pete Kremen, Whatcom County Executive Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Dear Pete, `fhe term of(-Alan.fri'edIbb--ofth"b Northwest Senior Services Board ends on June 30, 2008. Mr. Friedlob has expressed a desire to be reappointed to a new three- year term beginning July 1, 2008 and ending June 30, 2011. Please let us know the decision regarding the reappointment=bf M ~F�edyt;1 the N'ertfiWe t :n1Qr . rv,c s Bc r y; Should he be reappointed, Whatcom County will have two remaining slots vacant and we will continue to recruit, candidates for your consideration. If I can be of further assistance, please do not hesitate to contact me. Sinc rely, c Victoria Doerper Executive Directo 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 Q:\NWSSB\Appoint, Reappoint, Resign\Reappointments\2008 Whatcom Reappt Request_Friedlob.doc 131 WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2 0 0 8 - 2 2 5 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Originator: SM 5121108 �EDEOMED MAY 2 7 2008 WHATCOM COUNTY COUNCIL .Tune 3, 2008 Council Division Head: Dept. Head: Prosecutor: Purchasin lBud et: Executive: 2 4� TITLE OF DOCUMENT. • Appointment to the Whatcom County Appeals Board ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests the confirmation of his appointment of Roger Axelson to the County Appeals 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.wauslcouncil. 132 Ub/ld/ZUU6 14:16 VAA JUU /J4 4D4D Date: nnnlUUHL UUULMkX ■v.a http://www.co.whatcom.wa.us/executivelboardscomm/appl icatiot'tg_Via.. Whatcom County Executive's Office County Courthouse Voice (360) 676-6717 FAX (360) 676-6775 311 Grand Avenue, Suite #108 County (360) 384-1403 Bellingham, WA 98225AO82 MD (360) 738-4555 APPLICATION FOR APPOINTMENT TO BOARDS AND COMMISSIONS Date: hA?y JZ, Zoe 8 1 am interested in servina on the: .9rJ//_z7 L t. OE- /'r/aP Ls Board/Commission Name: 0 4�'I" AX e I s o n Day Telephone: �(o - 6 2 f 09 3_ 3 (� Address: ) �) O 13iZ o ^yW 4! j * Zi „ l-�e A J" Occupation: 2C 1) T 1< C" r- Education: � t_ I- Lam-_ jp— r•' 1V 30 CJM'71~ _�W alificalions related to position: Ll S17 3ZO O.A. QG1� 1 � � C` n 3n Y(z -- - - .-- -_ . - . - - - -- . ... . - - - - =7Z1 O W A) i,h Svw^" rz o�EG TS - _ i`l Ate$ a 'l t F7 E7� Desert ewe ou are Inter led in.,seryjn }fin this boar. or commission:j'_ 9�t eta r-Tyl,ent p- op Krcr�,wG g/ 11! WA;. 11Z0 L'a er ; ...Co.0 a'. Do you ,or your spouse have a financial interest in or are.you an employee or officer df any business or agency which does business with Whatcom County? ( ) YesXNo If yes, please explain: Are you a US citizen?XYes Si nature of applicant: 9 PP Refdsriances: 1)L rZ_,Ti^f f :;E M7 5 o rV Day Telephone: 5_6 O- ?33 — ZA 4�s 0 2) S u es. t 1 eims255— Day Telephone: 4z-7. 3)a7m D� S 0 Y7 Day Telephone: _-SlrU - .-73q g� 3 0 NOTE: Asa candidate to a public board or commission, -the above information will be available to the County Council, County Executive and the public. - - PLEASE PRINT CURRENT AA6S ONLYI RECEIVED [Executive Homel 13oa ids [Executive's Nt ;wsl [Contact Usl KAY-14 2008 Whatoom County PBDS 7/20/01 9:51 1