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Packet Sep 23 2008
WHATCOM COUNTY COUNCIL AGENDA BILL NO- 2008 — 74 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/16/2008 9/23/2008 Natural Resources Division Head. - Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Work session on agreement with DNR regarding Lake Whatcom reconveyance ATTACHMENTS: 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.) Work session on the memorandum of agreement with the State Department of Natural Resources for the purpose of preparing an inter -grant exchange and subsequent re -conveyance proposal for a transfer of lands within and adjoining the Lake Whatcom Watershed Reservoir for park purposes pursuant to RCW 79.22.300 (A62008-074A) 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 CounLys website at: www. co. whatcom. wa. us/council. N . Lake Whatcom Watershed Land Transact' nsWHATCOM COUNTY C'ekMemorandum of Agreement CONTRACT NO. between o?ov�o9oa� Whatcom County and Washington State Department of Natural Resources September 23, 2008 Purpose of the Proposed Transaction Whatcom County (County) and the Washington State Department of Natural Resources (DNR) propose to prepare a re -conveyance to the County of certain State Forest lands within the Lake Whatcom watershed for park purposes, pursuant to RCW 79.22.300, following a re -arrangement of trust designations of state-owned trust land in the watershed (inter -grant exchange) which will consolidate some or all State Forest lands and federally -granted State Trust lands. This Memorandum of Agreement will guide and govern.all actions by the County and DNR necessary to prepare the inter -grant exchange and the subsequent re -conveyance, for approval by the Whatcom County Council and the Board of Natural Resources. The County and DNR seek by this proposed transaction to resolve long-standing -questions regarding the management of state trust lands in the watershed in a manner that serves the best interests of both local and state residents, including the beneficiaries of state trust lands. This objective builds upon unique circumstances present in the watershed, in which a large block of state-owned trust forest land is situated very near a major metropolitan area. The County and DNR intend to use this MOA to facilitate a well -coordinated and predictable process to accomplish this stated objective. The County seeks to accommodate future park needs of County residents by securing and managing for park purposes major tracts of relatively undeveloped forest land within minutes of a major population center. The County intends to manage the re -conveyed lands primarily for passive park and recreational experiences in a relatively wild and natural setting, within walking or biking distance for many urban residents. The proposed future park lands will also provide wildlife habitat and a minimally disturbed portion of the lake's watershed. This proposal helps ensure that these opportunities are available for future generations. to enjoy, and maintains a high quality of life for County residents. DNR will recognize and act on the County's request for re -conveyance, while fulfilling its legal obligation to the beneficiaries of the state-owned trust lands which will remain in State ownership and DNR management in the watershed. DNR acknowledges the topographic diversity in the watershed and the resulting diversity of management settings for trust forest land management. DNR seeks to create an ownership pattern in the watershed which facilitates sustainable management of trust forest lands for trust purposes and for associated ecological and public benefits including clean water, timber, public revenue, wildlife habitat, and recreation. Washington State Department of Natural Resources - Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 2 Summary of the Agreement This Memorandum of Agreement specifies the scope, rationale, procedural steps and understandings, subsequent management considerations, and timeline for the proposed transaction. Background and Context State trust lands in the Lake Whatcom Landscape Planning Area comprise approximately 15,700 acres, including small adjoining portions of contiguous parcels, and a block of lands west of Cain Road and Reed Lakes. As a whole the watershed is composed of 31 percent urban residential, 46 percent state trust forest land, and 23 percent private forest land. Of the state trust forest land, about 9,350 acres are State Forest lands managed to benefit Whatcom County and its junior taxing districts (8,470 acres of State Forest "transfer," and 880 acres of State Forest "purchased"), and about 5,660 acres are federally -granted trust lands managed to benefit various trust beneficiaries, primarily K- 12 common schools statewide. In addition, 690 acres are State Forest lands located in and managed to benefit Skagit County. The watershed provides drinking water to a majority of the residents of Whatcom County. In 1993, at the request of Whatcom County, DNR doubled its acreage of state-owned trust forest land within the watershed through a land exchange with Trillium Corporation. The watershed has a long history of damaging storm -induced landslides from its steep forested slopes. In 1999, and again in 2000, County residents urged the state legislature to pass legislation relating to DNR's planning and trust land management in the watershed, and addressing local residents' concerns over drinking water quality and public safety in relation to landslides. The 2000 legislation created a local Inter jurisdictional Committee (IJC), which DNR worked with until 2004 to create a Lake Whatcom Landscape Plan and accompanying Environmental Impact Statement. The plan represented DNR-IJC consensus on most management issues, including streamside and unstable slope protection that goes beyond current state forestry regulations. The Board of Natural Resources adopted the Lake Whatcom Landscape Plan in November, 2004, while expressing concern over the balance of costs and benefits of implementing the plan, in relation to the State's fiduciary responsibilities to trust beneficiaries. As called for in the landscape plan, DNR established a new Inter :jurisdictional Committee, which had its first meeting in February, 2005. The committee conducts a site - specific review of proposed DNR activities in the watershed and makes recommendations. The IJC has met numerous times, conducted many field tours, and provided written recommendations on many planned DNR management activities including proposed timber sales, road construction, maintenance and abandonment plans, and silvicultural projects. Also in February, 2005, Skagit County and junior taxing districts in Skagit and Whatcom Counties filed a lawsuit against the State challenging the validity of the landscape plan, Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 3 alleging that it violated the State's trust obligations to the County and taxing districts. That lawsuit is ongoing. In the spring of 2007, representatives of Whatcom County approached DNR to introduce a County proposal regarding re -conveyance of State Forest lands in the watershed for park purposes under RCW 79.22.300. After several meetings over the course of the spring and summer of 2007, Whatcom County Executive Pete Kremen and Commissioner of Public Lands Doug Sutherland agreed on September 21, 2007 to develop and sign a Memorandum of Agreement to accomplish a re -conveyance. Scope of the Land Transactions The proposed inter -grant exchange and re -conveyance is most likely to result in two ownership blocks that will be transferred to Whatcom County for public park use and three ownership blocks that will remain in trust ownership and be managed by DNR as working forests. The attached map, labeled "Proposed Inter -grant Exchange and Re - conveyance," shows the location of the trust land parcels in the Lake Whatcom Landscape Planning Area that are being considered for exchange and re -conveyance, as well as an outline of the Whatcom County and DNR management blocks that would result from this proposal. The map depicts preliminary ideas only, and both size and precise boundaries for the final re -conveyance should not be inferred. DNR and the County understand that specific parcels will be brought up for discussion in the process of finalizing the inter -grant exchange and developing a final re -conveyance package. Rationale for the Inter -grant Exchange In the current configuration of trust land designations in the watershed, various designations are intermingled in a complex way, including State Forest lands and federally -granted State Trust lands. Therefore, re -conveying the State Forest lands to the County in their current configuration would result in a complex intermingling of future County park and future State Trust land ownership. This intermingling would greatly complicate the ongoing management of both the park and the trust lands. In addition, the intermingled character of the land designations greatly increases the costs of preparing for and carrying out the re -conveyance. Finally, in many cases the lands most appropriate for ongoing park purposes and for ongoing working forest management as trust lands don't currently reflect State Forest and other State Trust ownership, respectively. An opportunity exists to rearrange the State Forest lands and other State Trust lands into more contiguous blocks prior to re -conveyance, to provide more manageable areas for each, to increase compatibility of future management of the respective ownerships, to reduce transaction costs, and to position the future park lands and working forests on the most appropriate landscape features. In general, future County park lands would be located on both sides of the central portion of the watershed, often on relatively more environmentally sensitive lands, while state trust lands would be located to the northeast and southeast areas of the watershed, often on less steep and more stable lands. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement - September 23, 2008 0 Inter -grant Exchange Process Washington's Department of Natural Resources, as trust land manager, occasionally facilitates an exchange between trusts under RCW 79.22.300. Inter -grant exchanges are subject to all the requirements for land exchanges described in Chapter 79.17 RCW. Inter -grant exchanges must also comply with the common law duties of trust management, which is to say that one trust can't benefit at the cost of another trust and that the current generation cannot benefit at the cost of future generations, or vice versa. Inter -grant Exchange Steps 1. Identify State Forest Land and exchange parcels that have similar attributes (site class, current use, appreciation potential). 2. Conduct title and property reviews in order to identify any issues or attributes that may affect value. 3. Select contract timber cruiser, timber appraiser, land appraiser, review appraiser as needed. All properties in the exchange must be appraised by a qualified appraiser, and the appraisal must meet all applicable department and industry standards. 4. Advertise and conduct at least one public hearing, jointly with the County. 5. Balance values in the exchange once cruise and appraisal are completed. The final balance should result in either benefit for both trusts, or provide a benefit to one trust without harming the value of another. 6. Prepare documents and presentation for Board of Natural Resources approval. 7. Close transaction by updating title documents and other internal records. Rationale for the Re -conveyance With rapid growth and development occurring throughout Whatcom County, Lake Whatcom and its relatively undeveloped watershed currently provides a rare and unique opportunity to accommodate the park and recreational needs of County residents. Within minutes of the major population center are large tracts of wild lands comprised of parks, working forests and other lands. While invaluable for wildlife habitat and lake protection, this area can also provide a passive recreational experience seldom found in close proximity to the urban environment. The value of these lands for recreational purposes was first identified in County planning efforts in the early 1970s when the area was designated as a recreational resource management area. The continued increase in population 'and proximity to the City of Bellingham and Sudden Valley Urban Growth area places increased demand upon these lands for public parks and recreation. The location of these lands within the Lake Whatcom Watershed requires additional management efforts and strategies to minimize impacts to the watershed and properly accommodate use. Whatcom County is proposing to take a major leadership role by requesting from the DNR that two areas in the Lake Whatcom watershed be set aside through re -conveyance Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 5 as regional parks serving a multitude of park and recreational purposes and providing a wild and natural experience within walking and biking distance for many residents. These regional parks will connect with neighborhoods, communities and other area attractions and will be similar in scope and nature to the highly successful Chuckanut Mountain Recreation Area. Activities will be determined through a planning process and may provide a variety of passive recreational activities such as camping, hiking, fishing, picnicking and bicycling. Development and management will need to be sensitive to the watershed and utilize low impact design practices. Lookout Mountain Regional Park: If re -conveyed, Lookout Mountain Regional Park will be located on the western side of Lake Whatcom and encompass the eastern slope of Lookout Mountain. This parkway will provide a buffer between the Bellingham Urban Growth Area and Lake Whatcom. Public access will be provided to trails, day use areas and destination points within the Park. A trail system will be developed to lead visitors to spectacular views of Bellingham Bay and Lake Whatcom and will interconnect to City and County parklands and private trails to the north and west. Lake Whatcom Regional Park: Located on the eastern shore of Lake Whatcom, Lake Whatcom Regional Park, if re - conveyed, is envisioned to encompass portions of the Smith Creek Watershed and over three miles of lake shoreline. Active recreation and parking will be accommodated within the existing Lake Whatcom County Park with access provided to a system of trails leading to other park areas, overlooks, and connecting trails. The re -conveyance will include the southern mile of the Hertz multi -use trail, waterfalls, rock climbing areas, fishing accesses and scenic overlooks of Lake Whatcom. Also envisioned are rustic back country campsites and hiking trails linking the Y-Road trailhead, Sunnyside Landing, South Lake Whatcom and the community of Acme. Re -conveyance Process. RCW 79.22.300 allows a county to request the transfer of certain State Forest lands back to the county for public park use when in accordance with the county and the state comprehensive outdoor recreation plans. The statute requires the Board of County Commissioners to file an application for re -conveyance with the Board of Natural Resources, and specifies that DNR is to determine whether the request is consistent with the state comprehensive outdoor recreation plan. DNR may place conditions on the re - conveyance regarding management of adjacent public lands for maximizing multiple use and reserving of necessary rights of way, and may only deny a request if the department finds that the proposed use is not in accord with the state comprehensive outdoor recreation plan. Re -conveyance Steps 1) A request for re -conveyance is initiated by the County submitting a letter requesting re -conveyance to DNR's region manager. 2) The region reviews the County's letter.to determine: a. Documented need for the subject land as public park land, Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 0 b. Consistency with an approved county recreation plan, and c. Consistency with the state comprehensive outdoor recreational plan, including consultation with other entities if applicable. 3) DNR will give public notice of a public meeting per RCW 42.30.060 to seek public comment, jointly with the County, on the need for the subject land as public park land, and consistency with the applicable recreation plans. 4) The region will use public input, internal review, and consultation with other agencies and tribes, to identify any necessary conditions for continued management of adjacent trust lands, including: a. Conditions that maximize multiple use, and b. Reservation of rights -of -way to manage other public lands in the area. 5) The region will prepare for the Board of Natural Resources a summary of public comments and a recommendation regarding acceptability with applicable recreation plans, including necessary conditions. 6) The County will present the request for re -conveyance to the Board of Natural Resources as an agenda item at a scheduled meeting. 7) . The Board of Natural Resources may: a. Approve the request, b. Approve with conditions, or c. Deny the request if found to be inconsistent with the state outdoor recreation plan. 8) If approved, DNR will prepare the necessary transfer paperwork to complete the re -conveyance. Management Issues to be Addressed by County and DNR Roads & Easements: Agreements will need to be developed for: 1. The maintenance and repair of roads shared by both the County and DNR - including the status of current road system at time of transfer. (Note: DNR will complete road maintenance and abandonment work meeting State Forest Practices standards by November, 2008.) 2. Access needs across both ownerships (roads and trails) a. Administrative b. Public 3. Easement documentation Forestry/Resource Management. Agreements will need to be developed to address: 1. How forest practices within the potentially re -conveyed areas will be handled by DNR during the negotiation period. For example, timber sales not already prepared and approved will be located to avoid areas being considered for re - conveyance, other than as necessary for salvage. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 7 2. Any roles, responsibilities or obligations DNR would retain on lands re -conveyed to the County, and conversely the roles, responsibilities and obligations the County assumes, including: a. Any potential management of timber on the re -conveyed lands; b. Habitat Conservation Plan obligations; c. Fire control responsibilities; d. Other legal rights, obligations, or liabilities. Management Issues for Retained Trust Lands This proposal would result in three blocks of trust ownership that will continue to be managed by DNR for trust beneficiaries. These are the Olson Creek block in the northeast part of the planning area, and the Park Road and Anderson Mountain blocks in the southeast part of the planning area. In addition, DNR will retain approximately five acres at the Lookout Mountain Communication Site and two acres at the South Lookout Mountain Communication Site, which are within the Whatcom County Lookout/Cain management block, for ongoing trust management of these sites. See the "Proposed Inter -grant Exchange and Re -conveyance Map" for locations of these blocks. Access: As part of this transaction DNR will need to: • Reserve an easement for the existing LM-1000 and LM-2000 Roads, on property re -conveyed to Whatcom County. This will be necessary for management access to the Lookout Mountain and South Lookout Mountain communication sites. Be granted an easement for the existing Lookout Mountain Road (LM-2000), from the Lake Louise Road to existing State Forest lands, from Whatcom County. This will be necessary for management access to the South Lookout Mountain communication site. • Reserve an easement for access and future construction of up to 0.6 miles of road on property re -conveyed to Whatcom County. This will be necessary for access to a portion of the Olson Creek block and to the existing communication site on Galbraith Mountain. Public Use: There is existing recreational use of all. three management blocks. Hikers and horseback riders regularly use the roads and user built trails in the Olson Creek block. There is less use of the Park Road and Anderson Mountain blocks due to their steeper topography. These uses are currently compatible with resource management activities but conflicts could develop in the future if the frequency of use grows. Potential public concern about resource management in the Lake Whatcom watershed or adjacent to newly created park land would need to be addressed collaboratively by DNR and Whatcom County. Communication and Dispute Resolution The County and DNR will at all times attempt to develop and adhere to joint public statements about the re -conveyance and related actions, progress in completing the work Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 outlined by this MOA, and any issues that arise pertaining to this work. This will include periodic joint statements of progress, as well as a mutual commitment to make public statements regarding the matters related to implementing this MOA only after notifying the other party and attempting to develop a joint statement. If a dispute or potential dispute arises regarding activities relating to implementing this MOA, the parties agree to attempt to promptly resolve such dispute by consulting together first at the organizational level at which the dispute or potential dispute arises. If resolution is not reached, the dispute will be elevated to the named principal contacts for the MOA, and then, if needed, to the signatories to the MOA or their successors. Staffing The County and DNR commit to providing the necessary staff effort to accomplish the transaction described in this MOA approximately according to the timeline presented below. The County and DNR will execute an Interagency Agreement under which the County will provide funds to DNR to hire a staff person to assist with the transaction, so that the timeline can be met. Without that funding, DNR will not be able to meet the proposed timeline. Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 9 0 0 00 00 pp O 00od� N � a 0� O 0 U �aU UU H 0 O P.-4 U N v] ,rn rn ° a � }y i c^ cm, U �i WA O�PU� r. O C 0 .+ S- - O rn y0 ¢" O cn U � O 0 O v� cd •� U O N rA 0 O U� Oz O 4-4 U oU4. o bo W pq o U C\ co 0 0 N M N N .n E m a f) c E a� m rn Q 15 E c m E M 12 a? E U m L Y J m m z 0 cu m 0 CD 0 rn 10 Principle Contacts for this Memorandum of Agreement Accepted For Whatcom County: Approved as to form: "I S Prosecuting Atto at C Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) )ss COUNTY OF WHATCOM ) Dated: On this day of , 2008, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires _ Accepted For Washington State Department of Natural Resources: Dated: Doug Sutherland, Commissioner of Public Lands Washington State Department of Natural Resources STATE OF WASHINGTON ) )ss COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Doug Sutherland, to me known to be the Commissioner of Public Lands for the Washington State Department of Natural Resources, 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 Washington State Department of Natural Resources • Lake Whatcom Watershed Memorandum of Agreement • September 23, 2008 10 11 PROPOSED INTERGRANT EXCHANGE - BEFORE State Trust Ownerships in Lake Whatcom Landscape TMENT OF .dices Public lands PROPOSED RECONVEYANCE - AFTER INTERGRANT EXCHANGE State Trust and Whatcom County Ownerships in Lake Whatcom Landscape .ANDS NDS EA EA E 4RTMENT QP DUrces r of Public Lands WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 98 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/16/2008 9/23/2008 COTW Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Countywide Housing Affordability Taskforce presentation 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.) Countywide Housing Affordability Taskforce presentation COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing tCoun 's website at: www.co.whatcom.wa.usleouncil. 14 WHATCOM COUNTY COUNCIL AGEATDA RTf.T. AT" 2nnR — 227 c CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: Originator- Weimer 9/16/2008 9/23/2008 COTW Division Head: Dept, Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT.• Discussion of Inventory of Services relating to the 2009-2010 Budget ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public 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 of 2009/10 Inventory of Services to ensure that that document which we received last week from the Administration is what people were interested in previously, and have a brief discussion about what it means and what the Council wants to do with it. 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. 15 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. AB2008-325 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 919108 Intro Originator: p V D 9123108 Finance Division Head: Committee; SEP 11-` 6 2008 WHATC®M COUNTY Y COUNCIL Council Dept Head: Prosecutor: `�% Z. Purchasing/Budget: Executive: TITLE OF DOCUM NT. 2008 Supplemental Budget Request #10 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: Supplemental #10 requests funding from the General Fund.- (]) To appropriate $30,000 in Council to fund interlocal with City of Bellingham - Litigation. From the Trial Court Improvement Fund: (2) To appropriate $19,257 to fund the transfer to facilities for basement prox lock for second viewing room exterior access. From the Emergency Management Fund. (3) To appropriate $18,437 to fund HLS SHSP FFY2006 —Amendment B: increase of funding. From the Conservation Futures Fund. (4) To appropriate $124,900 to fund the Bauthues PDR Purchase. From the Public Utilities Improvement Fund. (5) To appropriate $1,500,000 to fund the Hannegan Road1SR 544 (Pole Road) Signalization. From the Ferry Fund. (6) To appropriate $206,220 to fund Ferry Sheaves Replacement. From the Administrative Services Fund. (7) To appropriate $19,257 to fund basement prox lock for second viewing room exterior access. (8) To appropriate $20,912 to fund the Animal Control Facility maintenance. COUNCIL ACTION: 9/09/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 16 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 09/09/08 101 V 611 Ll F.A10 [$1 :8 0 AMENDMENT'NO. 10 OF THE 2008 BUDGET WHEREAS, the 2007-2008 budget was adopted November 8, 2006; and, WHEREAS, changing circumstances require modifications to the approved 2007-2008 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2007- 2008 Whatcom County Budget Ordinance #2006-Q54 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect General Fund Council 30,000 - 30,000 Total General Fund 30,000 - 30,000 Trial Court Improvement Fund 19,257 - 19,257 Emergency Management Fund 18,437 (18,437) - Conservation Futures Fund 124,900 (57,500) 67,400 Public Utilities Improvement Fund 1,500,000 - 1,500,000 Ferry Fund 206,220 - 206,220 Administrative Services Fund 40,169 (40,169) - Total Add'I Supplemental 1,938,983 116 106 1.822.877 ADOPTED this day of , 2008. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: e k � � . ) A � \ , z) '—) t� '__ Civil Depu y cutor Carl Weimer, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 17 WHATCOM COUNTY Summary of the 2008 Supplemental Budget Ordinance No. 10 Net Effect to Increased (Increased) Fund Department/Fund Description Expenditure Revenue Balance (Decrease) (Increase) Decrease General Fund Council To fund interlocal with City of Bellingham - litigation 30,000 - 30,000 Total General Fund 30,000 - 30,000 rox lock for 2nd viewing Trial Court Improvement Fund room exterior access 19,257 - 19,257 To fund FFY2006 St Emergency Management Fund Homeland Security Grant increase 18,437 (18,437) - Conservation Futures Fund To fund Bauthues PDR Purchase 124,900 (57,500) 67,400 To fund Hannegan Public Utilities Improvement Fund Road/SR544 (Pole Rd) Si nalization 1,500,000 - 1,500,000 Ferry Fund To fund Ferry Sheaves Replacement 206,220 - 206,220 Administrative Services Fund Facilities Management To fund Prox reader basement alley door 19,257 19,257 - Facilities Management g To fund Animal Control Facility maintenance 20,912 1 (20,912) - Total Administrative Services Fund 40,169 (40,169) - Total Additional Supplemental 1,938,983 (116.106) 1.822.877 IN Supplemental Budget Request status: Pending Council supp'l lD # 741 Fund 1 Cost Center 1100 Originator: Dana Brown -Davis Expenditure Type: One -Time Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Interlocal with City of Bellingham - litigation Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6630.902 Professional Services $30,000 Request Total $30,000 1a. Description of request: The City of Bellingham and Whatcom County entered into an Interlocal Agreement (#200802008), signed by the County Executive, the Mayor of Bellingham, and approved by the County Council in February 2008. The City of Bellingham and Whatcom County are defendant -intervenors in Skagit County, et al. v State of Washington, et al. wherein the plaintiffs have challenged the validity of the Lake Whatcom Landscape Plan adopted on November 2, 2004. The City has entered into a contract with David Mann and Toby Thaler to provide legal services in the aforementioned case. The Interlocal states that the County agrees to share the cost of legal services and necessary experts for the purpose of preparing for and presenting its case at trial. The terms of the agreement are that the County will reimburse the City for 50% of the cost of legal services and the cost of retaining experts for the purpose of preparing for and presenting their case at trial in Skagit County, et al. v. State of Washington, et al., Skagit County Cause No. 05-2-00246-1. 1b. Primary customers: Whatcom County, City of Bellingham Z Problem to be solved: Whatcom County has agreed to reimburse the City for 50% of the full cost of legal services and 50% of the full cost of retaining experts for the purpose of preparing for and presenting their case at trial. All payments are considered reimbursements for services rendered. The City has paid for the services and are now billing the County for reimbursement. The Council does not have funding in its budget to pay the current invoice ($7,886.05), or any future invoices. 3a. Options / Advantages:, The Council discussed this situation recently and agreed that there needs to be a cap on the amount of money the County will pay. The majority of the Council voted to allow another $30,000 to be paid for these services to get through the settlement portion of the case. 3b. Cost savings: N/A 4a. Outcomes: Council is hopeful that a settlement will be reached. 4b. Measures: Prosecutor's Office staff will let us know. 5a. Other Departments/Agencies: The Interlocal alleviates a very large amount of work that would need to be done by an attorney from the Prosecutor's Office. This takes a large burden off their shoulders. 5b. Name the person in charge of implementation and what they are responsible for: Tuesday, August 26, 2008 Rpt: Rpt Suppl Regular 19 Supplemental Budget Request Status: Pending Council Supp7 IQ # �a� Fund 1 Cost Center 1100 Originator. Dana Brown -Davis p� 9 The City of Bellingham administers the contracts with Mann and Thaler 6. Funding Source: General Fund Tuesday, August 26, 2008 Rpt: Rpt Suppl Regular 20 Whatcom County Contract No. i g no �0200� 2007-08 iNTERLOCAL AGREEMENT CITY OF BELLINGHAM & WHATCOM COUNTY FOR PAYMENT OF ATTORNEY FEES AND EXPERT WITNESS COSTS IN SKAGIT COUNTY, et al. v. STATE OF WASHINGTON, et al. WHEREAS, the City of Bellingham, 210 Lottie Street, Bellingham, WA 98225 ("City") and Whatcom County, County Courthouse, Bellingham, WA 98225 ("County") are defendant -intervenors in Skagit County, et al_ v. State of Washington, et al., Skagit County Cause No. 05-2-00246-1, wherein the plaintiffs have challenged the validity of the Lake Whatcom Landscape Plan adopted on November 2, 2004; WHEREAS, the plaintiffs in the aforementioned case filed a motion for partial summary judgment that was heard on January 26, 2007; WHEREAS, an order granting partial summary judgment was entered on February 27, 2007 and the matter was set for a two -week non jury trial commencing on June 2, 2008; WHEREAS, the City has entered into a contract with David Mann and Toby Thaler to provide legal services in the aforementioned case; WHEREAS, the County has agreed to share the cost of these legal services and the cost of necessary experts for the purpose of preparing for and presenting the City's and the County's case at trial, and the County has agreed that David Mann and Toby Thaler will represent the County in this matter for the purpose of preparing for and presenting its case at trial; WHEREAS, it is in the best interest of each party to enter into this Interlocal Agreement, NOW THEREFORE, the City and County agree as follows: Purpose: The purpose of this agreement is to set the terms whereby the County will reimburse the City for the cost of legal services and the cost of retaining experts for the purpose of preparing for and presenting their case at trial in Skagit County, et al. v. State of Washington, et aL, Skagit County Cause No. 05-2- 00246-1. I1_ Administration: No new or separate legal or administrative entity is created to administer the provisions of this agreement. Interlocal Agreement for Payment of Legal Fees and Cost of Experts Page 1 21 -111. City of Bellingham Responsibilities: The City hereby agrees to pay the full cost of legal services and the full cost of retaining experts for the purpose of preparing for and presenting their case at trial in Skagit County, et al. v. State of Washington, et a1., Skagit County Cause No. 05-2-00246-1. IV. Whatcom County Responsibilities: The County hereby agrees to reimburse the City for 50% of the full cost of legal services and 50% of the full cost of retaining experts for the purpose of preparing for and presenting their case at trial in Skagit County, et al. v. State of Washington, et aL, Skagit County Cause No. 05-2- 00246-1. V. Payment: All payments under this agreement are considered reimbursement for services rendered. Each request for payment herein is to be submitted in the usual form of a claim for services rendered, which claim shall be supported by detailed documentation of the services actually performed so as to comply with auditing requirements. Payment shall be upon approved claims and in accordance with customary procedures: The County will compensate the City for services rendered within thirty (30) days following receipt of a detailed invoice, provided all other terms and conditions of the City's contract with David Mann and Toby Thaler have been met and are certified as such by the City. Vl. Term: This Agreement shall be effective for services performed beginning upon City's approval of the contract with David Mann and Toby Thaler and extending through the completion of the trial, and may be renewed by mutual written agreement of all of the parties hereto. It may be terminated by any party upon -the giving of five (5) days written notice to the others, at which time any remaining financial obligations shall be paid in full according to the provisions of V. Payment, stated above. VII. Responsible Persons: The persons responsible for administration of this Agreement shall be the Whatcom County Prosecutor and the Bellingham City Attorney, or their designees. Vlll. Treatment of Assets and Property: No fixed assets or personal or real property will be jointly or cooperatively acquired, held, used, or disposed of pursuant to this Agreement. IX. Indemnification: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to. fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the Parties by reason of entering into this Agreement except as expressly provided herein. X. Modifications: This Agreement may be changed, modified, amended or waived only by written agreement executed by the Parties hereto. Waiver or breach of Interlocal Agreement for Payment of Legal Fees and Cost of Experts Page 2 22 any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. XI. Applicable Law: In the performance of this Agreement, it is mutually understood and agreed upon by the Parties hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance, and the venue of any action arising herefrom shall be in the Superior Court of the State of Washington in and for Whatcom County. XII. Severability: In the event any term or condition of this Agreement or application the to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. XIII. Entire Agreement: This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. XIV. Recordation: Upon execution of this Agreement, Whatcom County shall file a copy of it with the office of its County Auditor pursuant to the requirements of RCW 39.34. IN WITNESS WHEREOF, the parties have signed this Agreement this day of , 200A: CITY OF BELLINGHAM: Dan'Pike, Mayor Attest: h d6- R.-Carter- Finance Director Approved as to form: ffice of City Attorney Interlocal Agreement for Payment of Legal Fees and Cost of Experts Page 3 23 STATE OF WASHINGTON ) ss. County of Whatcom } On this 'day of , 200 before me personally appeared DAN PIKE, to me known to be the -Mayor the CITY OF BELLINGHAM, and who executed the. above instrume q cknowledged to me the act of signing and sealing thereof. c,..N EXP/9 Z•h`O 06. N6TAKY KJBLIC in and for the State of o♦�- Washington residing at Bellingham. My appointment expires: i WHATCOM COUNTY: Approved s to form: Civil Deputy Prosecuting Attorney Approved: Accepted for Whatcom County: Pet men Whatcom County Executive STATE OF WASHINGTON ) ) ss. County of Whatcom ) On this /3'`� day of . 2;&� , 2006, before me personally appeared PETE KREMEN, to me know o be the County Executive of WHATCOM COUNTY, .and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of ��:`��• s+ : Washington residing at Bellingham. J:v OTARY �'� 9 9 9 My appointment expires: /Z :3 / -/o Ptj moo: p lnterlocal Agreemen vent of s and Cost of Experts r'���••_~3% ..•�J�C� Page 4 24 WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 92 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Frakes 2/7t2008 2/1212008 Council Division Head. - Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT.• Interlocal with City of Wham regarding payment of fees in Skagit v State of Wa A TTA CHMENTS: Interlocal SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUM41AR 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.) The County has agree to share the cost of legal services provided by David Mann and Toby Thaler for the purpose of preparing for and presenting the City's and the County's case at trial in Skagit County, et al. v. State of Washington, el al., Skagit County Cause No. 05-2-00246-1__ The purpose of this agreement is to set the terms whereby'the County will reimburse the City for the cost of legal services and the cost of retaining these experts. COMMITTEE ACTION. COUNCIL ACTION: 2/12/2008: Forwarded to Council for approval 2/12/2008: Council Approved 6-0, Fleetwood Crawford opposed absent Related County. Contract #: Related File Numbers: Ordinance or Resolution 200612024 Number. - Please Note. Once adopted and signed, ordinances and resolutions are available far viewing and printing on the Coun 's website at: wwn co. whatcom wa.us/council 25 Supplemental Budget Request Status: Pending Administrative Services Facilities Management sty l la # 748 Fund 135 Cost Center 135100 Originator. Tawni Helms Expenditure Type: One -Time Year 1 2007 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Prox Lock for 2nd Viewing Room Exterior Access X ,GPI�V_ L Department H ad Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($19,257) 8351.507 Operating Transfer Out $19,257 Request Total $0 1a. Description of request. As described in Supplemental Budget Request #736 a second prox lock will be added the to courthouse basement alley as a safety measure to mitigate the potential for unguarded entry into the building. 1b. Primary customers: Courthouse employees and general public 2. Problem to be solved: With the addition of the second viewing room utlitized by the public there is a potential for the public to seek entry into the building without going through a secured and guarded entry. The addition of the second prox lock and audio/visual alarm will monitor the exterior door for people attempting to open from the inside without a prox lock. The alarm will alert the Guard Station of an unauthorized exit/entry. 3a. Options / Advantages: Placing a guard at the door would incur a much greater expense than monitoring the door through prox lock. 3b. Cost savings: 4a. Outcomes: Access to the buidling will be secured 4b. Measures: 5a. Other Departments/Agencies: Prosecuting Attorney's office, Sheriffs Office, Superior court. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Trial Court Improvement Fund. Wednesday, August 27, 2008 Rpt: Rpt Suppl Regular 26 WHATCOM COUNTY SHERIFF'S OFFICE SHERIFF BILL ELFO DIRECTOR PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 DIVISION OF EMERGENCY MANAGEMENT DON BOYD, C.E.M. DEPUTY DIRECTOR COUNTY COURTHOUSE 311 Grand Avenue Bellingham, WA 98225-4049 MEMO AUG 1 12008 To: Pete Kremen, Whatcom County Executive PETE KREMEN From: Sheriff Bill Elfo, Director of Emergency Management COUNTY EXECUpVE Date: August 9, 2008 4 Re: Supplemental Budget Request, Supp'I ID # 738 State Homeland Security Program FFY2006 Whatcom County Contract # 200701041, Amendment 2 The attached supplemental requests $18,437 to fund the Whatcom County Homeland Security Program to be reimbursed by a federal grant from the U.S. Department of Homeland Security. ■ Background and Purpose Whatcom County Sheriff's Office Division of Emergency Management was awarded $174,608 from the Department of Homeland Security (DHS) State Homeland Security Grant Program (SHSP) for Federal Fiscal Year 2006. DHS provides these funds to enhance the capability of state and local units of government to combat terrorism. On August 5, 2008, Whatcom County Council approved a contract amendment increasing the award amount by $18,437, for a total amended amount of $193,045 (AB2008-298). The Whatcom County Emergency Management Council has voted to utilize these additional funds to upgrade RACES (Radio Amateur Communication Emergency Service) equipment, enhancing RACES' ability to provide essential communications and upgraded services during emergencies and disasters. DEM requests budget authority to expend these funds. The performance period for this grant runs from July 1, 2006 through October 31, 2008. ■ Funding Amount and Source $18,437 from a Federal Grant: DHS FFY2006 SHSP, Contract # E07-190, CFDA# 97.067. Please contact Don Boyd or Frances Burkahrt at 676-6681 for additional information. Phone (360) 676-6681 Email wcdem@co.whatcom.wa.us Fax (360) 738-2518 27 Supplemental Budget Request Status: Pending Sheriff Emergency Management Supp'1 lD # 73s Fund 167 Cost Center 16742 Originator. Frances Burkhart Expenditure Type: One -Time Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request. HLS SHSP FFY2006 - Amendment B x -i�- Department Hea ature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.8705 St Homeland Sec Grt Prg ($18,437) 6510 Tools & Equip $18,437 Request Total $0 1a. Description of request: On August 5, 2008 Whatcom County Council approved a contract amendment to contract # 200701041 between Whatcom County and Shohomish County for the FFY2006 State Homeland Security Grant Program increasing the award amount by $18,437 for a total amended amount of $193,045 (AB2008- 298). DEM now requests budget authority to expend these additional funds. 1b. Primary customers: Whatcom County responding agencies, through enhanced emergency communications support. 2. Problem to be solved. RACES (Radio Amateur Communication Emergency Service) supports Whatcom County governments, law enforcement agencies, fire districts, EMS, St Joseph's Hospital, American Red Cross, and other responding agencies by providing emergency communications when traditional means of communication are down, overwhelmed by demand, or unavailable due to terrain. Much of their equipment is old, unreliable, and does not support new technologies, such as packet/digital radio, critical to their mission. The Whatcom County Emergency Management Council allocated these funds to upgrade RACES equipment, enhancing their ability to provide essential communications during emergencies and disasters. 3a. Options / Advantages: SHSP funds are awarded specifically for projects to combat terrorism, such as this RACES emergency communications project, which would otherwise have to be eliminated or funded with local monies. 3b. Cost savings: $18,437 in equipment costs. 4a. Outcomes: Equipment will be received by the contract performance end date. 4b. Measures: Monitoring of the procurement process. 5a. Other Departments/Agencies: By upgrading their equipment, RACES will be able to provide enhanced emergency communications to responding agencies throughout Whatcom County. 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: Federal Grant: Dept of Homeland Security FFY2006 State Homeland Security Program, Contract #E07- 190, CFDA# 97.067. Whatcom County Contract # 200701041. Saturday, August 09, 2008 Rpt: Rpt Suppl Regular �GOM C�V WHATCOM COUNTY 3�P ti� Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384' 360-738-2525 Fax i'iMLOW1,,3117M TO: Pete Kremen, Whatcom County Executive Dewey Desler, Deputy Administrator THROUGH: David Stalheim, DirectorP�°�� FROM: Linda J Peterson, AICP, Planning Division Manage Samya Lutz, Planner w�— DATE: August 19, 2008 David Stalheim Director 3.E. "'Sam" Ryan Assistant Director AUG 2 5 2008 FETE KEEP COUNTY EXECUTIVE RE: Supplemental Budget Request for Bauthues Conservation Easement Introduction The Whatcom County Purchase of Development Rights (PDR) Program was initiated in September of 2001. Over the past seven years the program has successfully purchased seventy-seven development rights on approximately five hundred and seventy-one acres. The Purchase of Development Rights Oversight Committee recommends the purchase of one additional development right on the Bauthues farm property. A supplemental budget request in the amount of $124,900 is proposed, which will allow for this purchase to take place (see below for details). Background and Purpose The Bauthues property, located north of Loomis Trail Road in unincorporated Whatcom County, is the eleventh purchase under the County's Purchase of Agricultural Development Rights Program. The property is actively farmed and consists of approximately 11 acres. An initial supplemental budget request totaling $124,900 provides for the cost of purchase and other associated costs, including payment to the Whatcom Land Trust, and costs associated with closing and title insurance (please refer to the table on page two). An initial budget request of $124,900 is required for the purchase of the Bauthues property. After the purchase has been approved, Whatcom County will issue a reimbursement request in the amount of $57,500 to the Natural Resource Conservation Service (NRCS) Farm and Ranch Land Protection Program (50% match contributor). Therefore, the final Whatcom County budget request will be $67,400. Page 1 of 2 29 Bauthues PDR Supplemental Budget Request Purchase Price for Development Rights $ 115,000 Whatcom Land Trust Monitoring fund fee $ 6,900 Background Documents preparation $ 1,000 Closing Costs $ 2,000 TOTAL $ 124,900 NRCS 50% program match to be reimbursed $ 57,500 Whatcom County - Conservation Futures Fund $ 67,400 The total purchase price for one development right on the farm is $115,000 and is acceptable to the owners. The value is derived by an appraisal completed by a certified, professional appraiser. Half of the $115,000 will be reimbursed by NRCS from Farm and Ranchland Protection Program funds. The matching funds are from the NRCS 2006 matching grant. Upon authorization of County Council and the Natural Resource Conservation Service, final purchase of the Bauthues property conservation easement can be completed. Please contact Samya Lutz at (360) 676-6907 ext. 51072 if you have any questions or concerns regarding the terms of this request. Page 2 of 2 30 Supplemental Budget Request Status: Pending Planning & Development Services Planning S;4p;.lr Fund 175 Cost Center 2570 Originator: Samya Lutz Expenditure Type: One -Time Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Bauthues PDR Purchase �,�'if''"�'"/L..� Department Head Signature (Required on Hard Copy Submission) // Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($67,400) 4331.1091 Farmland Protection Prg ($57,500) 7320 Land $124, 900 Request Total $p 1 a. Description of request: The proposed budget amendment is for the purchase of development rights on the Bauthues property. Approximately 11 acres will be under a perpetual conservation easement which will be monitored by Whatcom Land Trust. This easement limits future development to protect soil based agriculture. 1b. Primary customers: The community at large benefits from this program due to the permanent protection of the land for farming purposes. This area will stay in low -service cost status in perpetuity. Multiple benefits to wildlife, water quality and stormwater retention are among the benefits for the community. 2. Problem to be solved: The primary focus of the Purchase of Development Rights Program is to permanently protect prime/productive agricultural land from conversion to non-agricultural uses. 3a. Options / Advantages: The Agricultural Advisory Committee has considered the PDR program an integral component of any overall agricultural protection strategy. The Growth Management Act requires the protection of resource lands. This is one of several efforts the County is making to comply with the state requirement. Zoning and Open Space Taxation are other programs currently employed by Whatcom County to protect agricultural land. TDRs are contemplated in the near future. PDR's are valuable because they are the only action currently available for the County to achieve permanent protection on agricultural land. 3b. Cost savings: Savings are difficult to quantify. Studies indicate that resource lands are the lowest cost properties for community services. Other savings are based on the benefits of not converting the property to some more intensive use. Water quality degradation, excessive stormwater runoff and increased costs for roads and other service provisions are eliminated when conservation easements establish a permanent low density development pattern in a given area. 4a. Outcomes: The PDR program originally targeted 10,000 acres for purchase. Since that time the Council endorsed a Rural Land Study that has targeted some 20,000 acres of agricultural lands within rural zoned land that they would like to see with additional protection. This additional acreage will require significant increase in funding for the PDR program as well as the development of additional innovative techniques like Transfer of Development Rights program. 4b. Measures: The addition of this farm to the PDR land base will occur, if funded, by the end of September. Tuesday, August 19, 2008 Rpt: Rpt Suppl Regular 31 Supplemental Budget Request Status: Pending Planning & Development Services Planning s:,/ Fund 175 Cost Center 2570 Originator: Samya Lutz 5a. Other Departments/Agencies: This project is a joint project which involves the United States Department of Agriculture/Natural Resource Conservation Service (50/50 funding match) the Whatcom Land Trust (on -going monitoring/enforcement responsibilities) and Whatcom County — PDR program administration/funding. 5b. Name the person in charge of implementation and what they are responsible for: The Whatcom Land Trust will be responsible for the long-term monitoring under the terms of the conditions in the conservation easement and based on the contract that they have with Whatcom County. 6. Funding Source: Conservation Futures Fund and existing contracts with USDA Farm and Ranch Land Protection Program funds (50/50 match on purchase price). USDA funds will be reimbursed after purchase. "Tuesday, August 19, 2008 Rpl: Rpl Supp( Regular 32 Supplemental Budget Request Status: Pending Administrative Services 31LZo3 Administration supp i o # 739 1 Fund 332 Cost Center =1000I Originator: Tawni Helms Expenditure Type: One -Time Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Hannegan Road & SR544 (Pole Road) Signalization X Department ad Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,500,000) 8351.108 Operating Transfer Out $1,500,000 Request Total $0 la. Description of request: This project is located 4 miles south of the city of Lynden at the intersection of SR544 (Pole Rd) and the Hannegan Road. Intersection improvements will involve installation of a permanent traffic signal with left turn lane channelization and illumination. This will be a joint project with the Washington State Department of Transportation. 1 b. Primary customers: Hannegan Road is a significant local and regional corridor across the Nooksack River to North County, and SR 544 is a significant East-West truck corridor from 1-5 to Sumas/Abbotsford International border. This intersection serves our local agricultural and resource extraction (gravel) traffic. It is also the primary alternative route for 1-5 International traffic between North Puget Sound and Aldergrove, British Columbia. 2. Problem to be solved. This intersection is a significant rural commercial crossroad in Whatcom County. It is a key intersection for both important transportation routes running North -South (Hannegan Road) and East-West (Pole Road, SR 544). Commerce depends on predictable and safe transportation corridors. Along with supporting our local, regional and international flow of commerce, primary goals of installing this road improvement infrastructure are: 1. Preservation 2. Safety 3. Environmental upgrade (treatment of runoff) While these improvements will be imperative for a safe and reliable Level of Service for transit, it is also noted that some development in the immediate area would be impacted from the change in access from current configuration. 3a. Options /Advantages: No other options have been considered. This is the option that will allow for the greatest safety on the existing roadway. 3b. Cost savings: 4a. Outcomes: The project includes recontstruction of the roadway, new storm drainage system, and signalization of the intersection. Additionally, curb, gutter and siewald will be constructed. 4b. Measures: road and signalization will be complete ,.;.naa��rra-..,.,,_„ r �.,..;�,� r c'rir,�:r;r✓rrm , , ,,ram,;: ,>,:,:., ,,.�r,.,rx,✓,,..a.,. „�,:,,,;, r ,.,�,�,r s: mays,,, c:: ,.. ,rrst:✓ai.�, rr✓�....:,rru�,�,�. ,:,�✓.;✓r. Wednesday, August 27, 2008 Rpt: Rpt Suppl Regular 33 Supplemental Budget Request Status: Pending Administrative Services Administration I supp'l 1J 739 Fund 332 Cost Center 4eeeeeeOriginator. Tawni Helms 5a. Other Departments/Agencies: This will be a joint project with the Washington State Department of Transportation. 5b. Name the person in charge of implementation and what they are responsible for. Joe Rutan, Public Works 6. Funding Source: Public Utilities Improvement Fund Wednesday, August 27, 2008 Rpt: Rpt Suppl Regular 34 Supplemental Budget Request Status: Pending Public Works Ferry & Docks supp`l 1D # 75o Fund 444 Cost Center 444510 Originator: Peggy Leviton Expenditure Type: One -Time Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Ferry Sheaves Replacement Depa ment Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2880.1000 Retained Earnings ($206,220) 6630 Professional Services $176,220 7069 Repairs & Maint-interfun $30,000 Request Total $0 la. Description of request. Replace hoist and couterweight sheaves installed on the ferry terminals. 1b. Primary customers: Whatcom Chief passengers. 2. Problem to be solved: Ferry terminal sheaves are cracked. This presents a hazard to passengers and vehicles during loading and unloading, should they completely fail. In addition, vehicle ferry service would come to a halt until they were replaced. 3a.. Options / Advantages: The.only other option is to not replace them, with subsequent ferry service disruption when the sheaves eventually fail. 3b. Cost savings: 4a. Outcomes: Upon award of the bid, new sheaves will be manufactured and replaced. 4b. Measures: Ferry service will not be halted due to the sheaves failing. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Ferry Fund Balance Thursday, September 11, 2008 Rpt: Rpt Suppl Regular 35 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director bm C, coG JOSEPH P. RUTAN, P.E. Z Assistant Director/County Road Engineer 2011 Young St., Suite.201. Bellingham, WA 98225-4052 Phone: (360) 715-7450 9SHIN�� Fax: (360) 715-7451 MEMORANDUM To: Brad Bennett, Finance Manager From: Chris Brueske, P.E., Engineering Manage CC: Frank M. Abart, Director Date: September 10, 2008 Re: Recommendation for Award of Bid No. 08-81, Supply of Counterweight and Hoist Sheaves for the Lummi Island Ferry Terminals The above -referenced bid was advertised on August 27 and September 3, 2008. Two (2) responsible bids were received and opened at 2:30 PM on September 9, 2008. The following table summarizes the results of the bid opening: Woods Logging Supply, Inc. Jesse Engineering Company Base Bid $162,564.80 $176,870.00 Tax $13,655.44 $14,857.08 Total Bid �� � `.; $191,727.08 It is my recommendation that award of Bid No. 08-81 be made to Woods Logging Supply, Inc. as the lowest responsible bidder in the amount of12Qt24 These items are replacements for the hoist and counterweight sheaves installed on the ferry terminals in the 1980's. The new sheaves will be installed by the M&O bridge crew. Please contact me if you require any further information regarding this issue. -36 {9/1/11/408 Pe, Leviton - Sheave bid award From: Chris Brueske To: Mohnkern, Chris CC: Frank Abart; Green, Mary; Mankle, Brian; Peggy Leviton Date: 9/10/2008 11:44 AM Subject: Sheave bid award Attachments: 20080910 Bennett Memo.pdf Please see the attached memo. Frank, the estimated cost to install these sheaves is based on approximately 10 days of bridge crew time. This equates to approximately $30,000 for labor and equipment for the installation. C. Brueske 37 Supplemental Budget Request Status: Pending Administrative Services Facilities Management Supp t 1D # 7 s Fund 507 Cost Center 50712 Originator. Michael Russell Expenditure Type: One -Time Year 1 2007 Add'1 FTE ❑ Add'i Space ❑ Priority 1 Name of Request: Prox Reader Basement Alley Door X Depa Costs: Head Signature (Required on Hard Copy Submission) Date Object Object Description Amount Requested 7410 Equipment -Capital Outlay $19,257 8301.135 Operating Transfer In ($19,257) Request Total $0 la. Description of request. Due to the high volume of witnesses participating in a 5th floor viewing room a second viewing room was added in the basement of the courthouse. This has helped to resolve some of the space issues and conflict situations between the different parties acccessing the single viewing room. However, it has created a safety issue with unguared/monitored entry into the building. Because the basement is now utilized by the public for the 2nd viewing room there needs to be additional security in place to mitigate the potential for unmonitored access into the building. This safety gap will be addressed by adding a prox lock and visual/audio alarm that is sounded when the exterior doors are opened from the inside without a prox lock. This will be. an effective safety measure and should alleviate the need for a guard to be placed by the downstairs exterior access. Addition and Programming of a Second Prox Reader at the Courthouse Basement Alley Door with an additional two Day/Night IP Networked Cameras and a Network 500gb DVR plus an audible and visual alarm connected to the Prox System to alert the Guard Station of an Un-Authorized Exit/Entry. 1 b. Primary customers: Courthouse Employees and the General Public 2. Problem to be solved: Currently the Courthouse basement alley door has a prox reader to gain outside entry only. This is no longer sufficient with the addition of the 2nd viewing room now being utilized by the public. Exiting the basement is not monitored and this could cause a potential hazard for an unguarded entry. 3a. Options / Advantages: Placing a guard at this door would incur a much larger expense than monitoring this door by camera and alarm. 3b. Cost savings: 4a. Outcomes: Currently the Courthouse basement alley door has a prox reader to gain outside entry only. Exiting the basement is not monitored and this could cause a potential hazard for an unguarded entry. 4b. Measures: 5a. Other Departments/Agencies: Prosecuting Attorney's Office, Superior Court, Sheriffs Office. 5b. Name the person in charge of implementation and what they are responsible for: .S'+?$1i.45,.eai4WUG'c;.. .�'N�9Xuafe �/..m�, 5i�e.ff .... ,t,'UC.3..PF�ti . ..<u<YX'k'.".'�.*�R"(Saq` ,Gxf."F.s(dE;�/f.J.�" .o, „!fi. .NN„/!/S., ;.. //A`'/,,.xrll(.✓//,ti., i.-a,Mi/�,�J,%'r. /s`Ym.d.7/!�✓/%, i ��Wmi F Tuesday, August 26, 2008 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Administrative Services Facilities Management supp'l f 7 s Fund 507 Cost Center 50712 Originator. Michael Russell Michael Russell 6. Funding Source: Whatcom County Trial Improvement Fund. Tuesday, August 26, 2008 Rpt: Rpt Suppl Regular 39 Supplemental Budget Request status: Pending Administrative Services Facilities Management Supp'l i # 91 Fund 507 Cost Center 50756 Originator. Michael Russell Expenditure Type: One -Time Year 2 2008 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Animal Control Facility Department ead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4348.9201 Svc Charges - General Facilities ($20,912) 7060 Repairs & Maintenance $20,912 Request Total $0 la. Description of request. Maintenance costs for the Animal Control building were approved in Supplemental #1 2008 on 11/7/07. Although funding was approved it was not designated in the appropriate Facilities budget. Budget should include the $20,912 allocated for maintenance in 2008. 9b. Primary customers: Whatcom County residents 2. Problem to be solved. Facilities has encumbered $8,368 for repairs and maintenance to date knowning the maintenance costs had been authorized for animal control . This supplemental will move the appropriation to the Facilities division where the expenses are being incurred. 3a. Options /Advantages: This is the only option, because the expenses are being incurred in the Facilities division. 3b. Cost savings: None 4a. Outcomes: ❑To provide maintenance services for the operation of the Animal Control building. 4b. Measures: ❑To keep this building operational 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for. Michael Russell, Facilities Manager 6. Funding Source: General Fund (already appropriated for 2008 through supplemental request#1 approved on 11/7/07. Wednesday, August 27, 2008 Rpt: Rpt Suppl Regular EN WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-329 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: TSGH 09-02-2008 � E E V D 9/23/08 COTW/Council Division Head: SEP t 6 2008 N TV HATCOM COUNTY COUNCIL Dept. Head. Prosecutor. Purchasin / et: 9�3 v& A?'-- ZS dk Executive: TITLE F DOCU ENT: Contract with Black Rock Cable, Inc for fiber optic connectivity to the Jail Work Center. ATTACHMENTS. 1. Memorandum 2. Contract Information Sheet 3. Contract SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: S UMMA R Y S TA 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.) Administrative Services Department - Division of Information Technology is requesting approval to renew a contract with Black Rock Cable, Inc. to provide Whatcom County with twelve (12) strands ofsingle mode fiber optic connectivity between the Whatcom County Courthouse located at 311 Grand Avenue, Bellingham, WA and the Sheres Office, Jail Work Center, located at 2030 Division Street, Bellingham, WA. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers. Ordinance or Resolution Number: 200606009 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. 41 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DEWEY G. DESLER Director TO: FROM: RE: DATE: MEMORANDUM Pete Kremen, County Executive Dewey Desler, Deputy County Administrator Perry L. Rice, Information Technology Manager INFORMATION TECHNLOLGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 Bellingham, WA 98225-4083 PERRY L. RICE Manager RECEIVED SEP 4 -- 2008 FETE KREMEN COUNTY EXECUTIVE Fiber Optic Lease Agreement between Black Rock Cable, Inc. and Whatcom County for Sheriff's Office, Jail Work Center September 3, 2008 Enclosed are two (2) originals of the Dark Fiber Optic Lease Agreement between Black Rock Cable, Inc. and Whatcom County for your review and signature. ■ Background and Purpose The purpose of this contract is to provide Whatcom County with twelve (12) strands of single mode fiber optic connectivity between the Whatcom County Courthouse located at 311 Grand Avenue, Bellingham and the Sheriff's Office, Jail Work Center, located at 2030 Division Street, Bellingham, WA. This will provide connectivity to the following systems: data, public data, phone, security video, security, and Heating Ventilation & Air Conditioning (HVAC). ■ Funding Amount and Source This Contract is for $28,800.00 ($800.00 per month for 3 years plus applicable fees and taxes). Funding for this service is from the Sheriff's Office -Jail budget. ■ Differences from Previous Contract This new contract reduced the number of strands from sixteen (16) to twelve (12) and changed the term from two (2) years to three (3) years with an automatic renewal for an additional one (1) year unless notified in writing by either party at least ninety (90) days prior to the expiration. These changes have reduced expenditures by over $100 per month over the prior contract. Please contact Perry Rice at extension 52511, if you have any questions or concerns regarding the terms of this agreement, Encl. 42 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,20 o kD boo 2- Originating Department: Administrative Services - Division of In ormation Technology Contract Administrator: Perry L. Rice Contractor's /Agency Name: Black Rock Cable, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes_ No Ifyes, previous number(s): 200606009 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 $28,800.00 ($800.00 a month plus applicable memo. Any amendment that provides either a 10% increase in amount or more than fees and taxes) $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 $ supporting memo for approval. Total Amended Amount: $ Scope of Services The purpose of this contract is to provide Whatcom County with twelve (12) strands of single mode fiber optic connectivity between the Whatcom County Courthouse located at 311 Grand Avenue, Bellingham, WA and the Sheriff's Office, Jail Work Center, located at 2030 Division Street, Bellingham, WA. Term of Contract: 3 Years Expiration Date: —August 31, 2011 Contract Routing Stens & Sienoff (sign or initial! [indicate date transmitted 1. Prepared by: Tami Gee -Hardy Date 0910212008 [electronic] 2. Attorney reviewed: Date [electronic) 3. AS Finance reviewed: Date electronic] 4. IT reviewed if IT related Date 3 40 electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date . 7. Contractor signed.- ,/ Date 8. Submitted to Exec Office Date g� �-p$ summary via electronic; hardcopies] 9. Reviewed by DCA 10. Council approved (fnecessary) IL Executive signed: _ 12. Contractor Original 13. Returned to dept; 14. County Original to Council Date Date Date Date Date this form may need to expand to more than one page this form may need to expand to more than, one page 43 4 ..t ORIGINAL Whatcom County Contract No. o2 0Q 8$0100 7— .DARK FIBER OPTIC LEASE AGREEMENT This Dark Fiber Optic Lease Agreement ("Agreement") is made and entered into this day of , 2008, ("Execution Date") by and between Whatcom County ("Customer") and Black Rock Cable, a Nevada Corporation DBA Black Rock Cable, Inc., registered as a .foreign corporation in the State of Washington ("Black Rock"). Whereas, Black Rock has the authority under various municipal and county franchise ordinances to construct and maintain various wire line facilities within the rights -of -way of certain counties and municipalities; Whereas, Black Rock is offering for compensation unrestricted bandwidth dark fiber optic connectivity ("Fiber") to customers; Whereas, the Customer desires to obtain from Black Rock certain Fiber connectivity between locations within Black Rock's franchise authority. Black Rock is willing to do so under the terms and conditions set forth herein. Accordingly, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. BLACK ROCK RESPONSIBILITIES FOR FIBER FACILITY Black Rock shall arrange for the installation and shall install, own, operate and maintain the facility necessary to provide Fiber to the Customer between the demarcation point at the locations, under specific terms and conditions for each such location, described in Exhibit A attached to and made part of this Agreement. The demarcation point shall be the termination cabinet at each Customer location and shall be the point of separation of responsibility between Black Rock and the Customer. Black Rock shall be responsible for everything including operations and maintenance between the demarcation points and the Customer shall be responsible for everything including operations and maintenance on the Customer side of each demarcation point. During the term of this Agreement, Black Rock will be responsible for securing and maintaining any and all necessary franchises, permits, easements or agreements necessary for the use of public and private property and the use of utility poles for the construction and maintenance of the Fiber facility. Black Rock will deploy a standard single mode fiber optic product and will perform all work using industry standards. 2. FIBER ROUTE AND LOSS BUDGET Black Rock at all times maintains the discretion to choose the route of the fiber optic lines and such route may not be the most direct route between the locations desired by the Customer. Prior to the execution of this Agreement, Black Rock shall notify the Customer of the proposed fiber footage distance between the locations and the maximum loss budget, which shall be included on Exhibit A to this Agreement. Black Rock reserves the right to change the route of the Fiber that is used for the Customer's connections, provided that the actual optical loss for the re-routed connection is less than the maximum loss budget, which shall be included on Exhibit A to this Agreement. Page 1 3. DELIVERY OF FIBER FACILITY When required by Black Rock, the Customer shall promptly facilitate Black Rock's access to the Customer buildings to construct and maintain the Fibers. Black Rock shall notify the Customer in writing that the Fiber has been placed and is ready for use. The date of such notification ("Start Date") shall be the first day that the Customer must pay Black Rock a payment under this Agreement for the Fiber. This fiber connection was already established, so the Start Date for this Agreement will be the day that it is executed by both parties. 4. TERM The Term of this Agreement ("Term") shall be for three (3) year(s) from the Start Date of this Agreement. This Agreement shall automatically renew for additional one (1) year terms ("Extension Term") unless either party gives written notice to the other party at least ninety (90) days prior to the expiration of the existing Term or Extension Term. 5. COMPENSATION Customer will be billed for Fiber service from the Start Date on a monthly basis. If necessary, the first invoice for service commencing on the Start Date shall be prorated. Thereafter, monthly lease payments will be invoiced at the beginning of each. monthly period. Such payment will be due in fifteen (15) days from the date of the invoice. Exhibit A shall contain the monthly lease payment amount and amounts for all non -recurring charges. Payments received after the fifteen (15) day period are subject to a 2% penalty on the total including taxes and fees. If payment is not received for any given month within forty-five (45) days of invoice, Fiber connectivity will be subject to suspension for non-payment. 6. FIBER CONNECTIVITY RESTORATION, REPAIR & MAINTENANCE Black Rock must maintain continuity of the Fiber at all times. If the Customer becomes aware that Fiber continuity is lost between locations ("Failure Event"), the Customer shall notify Black Rock immediately. Once Black Rock has been notified, Black Rock will inspect the Fiber and report back to the Customer within four (4) hours after gaining access to each terminated end of the Fiber. Black Rock must reestablish continuity of the Fiber as soon as possible or notify the Customer that problems encountered are not due to lack of Fiber continuity. If Black Rock cannot provide continuity within twenty-four (24) hours after notification by the Customer, then the Customer will be allowed a credit equaling two times the effective outage length. This is the Customers sole remedy for loss of continuity. Black Rock must have the ability to perform emergency and regular maintenance of the Fiber. Such maintenance may require that the Fiber continuity be disrupted for a period of time. Black Rock shall coordinate with the Customer to schedule regular maintenance at times that are mutually convenient to both parties. Within fourteen (14) days of the Failure Event the Customer shall document in a written notice to Black Rock the date, time and duration of the Failure Event. Page 2 45 If during a thirty (30) day period there is one (1) Failure Event not caused by emergency and or regular maintenance of the Fiber the customer shall give written notice to Black Rock within fourteen (14) days of the latest Failure Event documenting the Failure Event. During the term of this Agreement, Black Rock will provide all outside plant maintenance of the Fiber at no additional cost to the Customer. If maintenance is required due to any acts of the Customer or employees or agents of the Customer, the Customer will be responsible for all costs of maintenance related to the specific act. Black Rock will need access to interior areas to access the demarcation points. The customer shall provide 24/7 escorted access as necessary to repair and maintain the Customer Fiber. 7. CREDITS FOR LOSS OF CONTINUITY Credits for loss of continuity will not be issued by Black Rock, if failure to restore connectivity is attributable to any of the following: (a) unavailability during any regular maintenance of the Fiber; (b) unavailability caused by the Customers applications, equipment, or facilities; (c) unavailability due to acts or omissions of a Customer; (d) unavailability due to electronics associated with the actual transport or conversion of information moving through the Fiber; or (e) unavailability due to reasons of Force Majeure. In the event of unavailability due to reason of Force Majeure, if Black Rock cannot provide continuity within twenty-four hours after initial Force Majeure event, then Customer will be allowed a credit equaling the effective outage length. 8. TERMINATION FOR REPEATED LOSS OF CONTINUITY After giving written notice of three (3) Failure Events in a three month period, the Customer shall have the option to terminate this Agreement if the Failure Events are not attributable to any of the following: (a) unavailability during any regular scheduled maintenance of the Fiber; (b) unavailability caused by the Customers applications, equipment, or facilities; (c) unavailability due to acts or omissions of a Customer; (d) unavailability due to electronics associated with the actual transport or conversion of information moving through the Fiber; (e) unavailability due to any other factor other than unavailability proximately caused by Black Rocks breach of and obligation under this agreement; or (f) unavailability due to reasons of Force Majeure. If the Customer exercises this option to terminate this agreement because of repeated Failure Events then the Customer must within thirty (30) days of latest Failure Event provide written notice to Black Rock of its intent to terminate and Black Rock shall provide the Fiber to the Customer for up to sixty (60) days in order that the Customer may transition to another provider or service, provided that the Customer is otherwise in compliance with this Agreement. If the Customer does not provide written notice of its intent to exercise the option to terminate within thirty (30) days, the Customer shall lose its option to terminate this Agreement only with respect to any previous loss of Failure Events. 9. LIMITATIONS OF LIABILITY Notwithstanding any provision of this Agreement to the contrary, except to the extent caused by its own willful misconduct, neither party shall be liable to the other party for any special, incidental, indirect, punitive or consequential damages including, but not limited to, loss of profits or revenue, cost of capital, or claims of customers, (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), whether foreseeable or not, arising out of, or in connection with either party's Page 3 W performance or non performance of its respective obligations under this Agreement or any other cause or nature whatsoever and all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 10. CUSTOMER RESTRICTIONS ON USE OF FIBER Black Rock will provide dark Fibers to the Customer with no bandwidth -restrictions. The Customer warrants that it will use the dark Fiber .only for legal and authorized purposes. The Fiber optic line will be provided as a discreet and dedicated connection for the Customer and no other party. The Customer must use the Fiber for internal purposes only and cannot resell, lease or rent the dark Fiber to any other without the written consent of Black Rock. 11. INDEMNIFICATION Subject to the provisions of this Agreement, Black Rock hereby releases and agrees to indemnify, defend, protect and hold harmless Customer, its directors, officers, stockholders, agents, and employees, and its respective successors or permitted assigns from and against: (i) any and all causes of action, demands, claims, suits, losses, judgments or costs (collectively "Damages") which may be brought by or asserted by any third party against Customer related to Black Rock's design, construction, maintenance or operation or use of the Fiber, or (ii) each and every breach, or material default by Black Rock of any of its, covenants, agreements, duties or obligations hereunder, or (iii) any violation by Black Rock of any regulation, rule, statute or court order of any local, state or federal governmental agency, court or body in connection with Black Rock's performance of its obligations under this Agreement, or (iv) damages directly attributable to the negligent act or omission or willful misconduct of Black Rock. Subject to the provisions of this Agreement, Customer hereby releases and agrees to indemnify, defend, protect and hold harmless Black Rock, its directors, officers, stockholders, agents, and employees, and its respective successors or permitted assigns from and against: (i) any and all causes of action, demands, claims, suits, losses, judgments or costs (collectively "Damages") which may be brought by or asserted by any third party against Black Rock related to Customer's maintenance, operation or use of the Fibers, or (ii) each and every breach, or material default by Customer of any of its covenants, agreements, duties or obligations hereunder, or (iii) any violation by Customer of any regulation, rule, statute or court order of any local, state or federal governmental agency, court or body in connection with Customer's performance of its obligations under this Agreement, or (iv) damages directly attributable to the negligent act or omission or willful misconduct of Customer. 12. RESOLUTION OF DISPUTES The parties shall attempt to resolve by negotiation and compromise any disputes as to the validity or enforcement of any term or provision of this Agreement. Failing such compromise, such claim or assertion shall be settled by binding arbitration. Venue of any such proceeding shall be in Bellingham, Whatcom County, Washington. There shall be one arbitrator agreed upon by the parties, or if the parties cannot agree on that arbitrator within two (2) days of the initial arbitration demand, the arbitrator shall be selected by the administrator of the American Arbitration Association ("AAA") office closest to Bellingham, Washington. The arbitrator Page 4 47 selected by AAA shall reside in, or as close to, Bellingham as practical. The arbitration shall be conducted under the AAA Commercial Arbitration Rules with Expedited Procedures in effect. The arbitrator may award injunctive relief or any other remedy available from a judge, including temporary restraining orders or injunctions or the joinder of parties or consolidation of the arbitration proceedings with any other proceedings involving common issues of law or fact or which may promote judicial economy. Pending appointment of an arbitrator, any party to a claim or assertion may apply to a court of competent jurisdiction for such interim order or relief as may be appropriate, including temporary restraining orders or injunctions, provided that once the arbitrator is appointed, all further interim relief, including temporary restraining orders or injunctions, shall be awarded by the arbitrator whose powers in that regard shall include the power to vary or dissolve any temporary order or relief granted by the court. The arbitrator in such proceedings shall award to the substantially prevailing party reasonable attorney's fees and costs incurred by the substantially prevailing party in conjunction with such dispute. 13. ASSIGNMENT & TRANSFER The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto and all of the parties shall be jointly and severally liable hereunder. The Customer may not assign this Agreement without the written consent of Black Rock, which consent shall not be unreasonably withheld. 14. REPRESENTATION & WARRANTY The signatories of this Agreement represent and warrant that they are authorized to execute this Agreement on behalf of the entities which are party to this Agreement, bind their respective entities to this Agreement; that the parties are registered to do business in the State of Washington and that the execution of this Agreement has been approved by the governing boards, members or partners, if any, of the parties to this Agreement. 15. FORCE MAJEURE Neither party shall be in default under this Agreement if, and to the extent that, any failure or delay in such party's performance of one or more of its obligations hereunder is caused by any of the following conditions, each of which shall constitute a force majeure, and the affected party shall be released from liability and shall suffer no prejudice for the failure of performance of its obligation or obligations, and, if the construction schedule is affected, the Start Date shall be excused and extended for and during the period of any such delay: any circumstance beyond the reasonable control of the affected party, including without limitation, any change of circumstances not reasonably foreseen at. the time this Agreement was executed which is beyond the reasonable control of the affected party, and which materially affects the ability of the affected party to perform its obligations hereunder; any act of God; fire; flood; lack of or delay in transportation; the adoption or amendment of government codes, ordinances, laws, rules, regulations or restrictions that materially impair the affected party's performance hereunder; war or civil disorder; strikes, lock -outs or other labor disputes; failure of a third party to grant or recognize. an obligation to Black Rock (provided Black Rock has made timely and reasonable commercial efforts to obtain the same). Page 5 16. ENTIRE AGREEMENT This Agreement constitutes the full and final agreement between the parties hereto and incorporates and supersedes all prior agreements and negotiations. It may not be modified or supplemented in any manner whatsoever, except upon the written agreement of all parties hereto. CONTRACTOR: Black Rock ale, I Fred Miller, Sales Manager Black Rock Cable, Inc. STATE OF WASHINGTON ) ) ss. COUNTY OF Ljh of c T, , ) On this,3Qocday o , 200S- , before me personally appeared Fred Miller to me known to be the Sales anager of Black Rock Cable, Inc. and who executed the above instrument and who acknowledged to me the qAt of signing and sealing thereof. NOTARY PUBLIC in and for the State of \--shington, residing at My commission expires Page 6 WHATCOM COUNTY: Recomme d for Ap r val: 3 J� Depa a t-Dire tor Datel Approved as to form: . _' Prosecuting Atto y Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires CONTRACTOR INFORMATION: BLACK ROCK CABLE, INC 1512 Fairview St. Bellingham, WA 98229 Contact Name: Fred Miller Contact Phone: 360-543-5200 Contact FAX: 877-298-7061 Contact Email: fredmablackrockcable.com Page 7 50 EXHIBIT A TO DARK FIBER OPTIC LEASE AGREEMENT BETWEEN BLACK ROCK CABLE, INC. AND CUSTOMER LOCATIONS / WORK PROVIDED The Customer has indicated a desire for twelve (12) strands of single mode fiber optic connectivity between the main building demares located at: Whatcom County Courthouse 311 Grand Ave Bellingham, WA Sheriff's Office and Jail Work Center 2030 Division Street Bellingham, WA FIBER DISTANCE AND LOSS BUDGET The proposed distance of the Fiber is 10 km and the maximum loss budget at 1310nm is 16 db. INSTALLATION CHARGES The one-time charge to install the Fiber shall be as follows: Sheriff's Office . N/C Courthouse N/C PRICING The monthly price for the lease of the facility and maintenance is $800.00 plus applicable fees and taxes (currently franchise fee of 3%). Taxes and fees are subject to change. Any additional building entry fees charged by the building owner or property management will be the responsibility of the Customer. Page 8 51 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-330 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 0 /j n ,ram E �j SEP 1; 6 2008 HATCOM COUNTY COUNCIL 1 9/23/08 COTW/Council Division Head: Dept Head: — ! 3 b Prosecutor: Purchasin /Bu e: Executive: A04 r T. A RESOLUTIONAPPROVING CHANGES TO CONTRACT NUMBER 200804021 WITH TOPSIDE TITLE OPDOC=COIVSTRUCTIONPERTAINING ROOFING AND TO THE REPLACEMENT OF THE ROOFS ON THE ROEDER HOME AND HORN RESIDENCE ATTACHMENTS. Resolution and copies of change orders 1-6 from Topside Roofing and Construction SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public 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.) Approve resolution authorizing a change in contract number 200804021 in the amount of $18,314.18 for additional work and materials required for the roof replacement project at the Roeder Home and Horn rental. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #:200804021 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. Page 0 52 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Highway Bellingham, WA 98226 MEMORANDUM Michael McFarlane Director RECEIVED SEP 8 - 2008 PETE KREMEN COUNTY EXECUTIVE TO: Pete Kremen, County Executive and Members of the Whatcom County Council FROM: Michael McFarlane, Director RE: Roeder Home Roofing Resolution and Change Orders DATE: September 8th, 2008 Enclosed are two copies of the resolution to amend contract number 200804021 from Topside Roofing and Construction for the roofing of the Roeder Home and adjoining Horn residence for your review and approval. ■ Background and Purpose The Parks and Recreation Department contracted with Topside Roofing and Construction for replacement of roofing on the Roeder Home and Horn residence. During removal of the old roof material several areas of substantial dry rot were discovered that required replacement and rebuilding. This additional work and materials totaled $18,314.18 (includes sales tax) and was not part of the original contract amount of $36,942.72 (includes sales tax). The resulting change orders exceed the current approved limits and I am requesting approval by the Council per policy. ■ Funding Amount and Source The total amount of the six change orders is $18,314.18. Funding is available and approved in the Roeder Home's REET 1 project and operating budgets. Additional funding is not being requested. ■ Differences from Previous Contract The original contract for the two buildings was $36,942.72. With the six change orders the amount will increase to $55,256.90. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement, Encl. Page 1 53 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's l Agency Name: Topside Roqflng and Construction Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No X Yes X No If yes, previous number(s): 200804021 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 X No If yes, RFP and Bid number(s) 08-09 Roof Replacement Roeder Home and Horn Rental 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 $ 36,942.72 (includes sales tax) memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: . $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ 18,314.18(includes sales tax) and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. SS 256.90 Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Approve resolution authorizing an increase of $18,314.18 to contract 200804021 for additional work required for the replacement of the roof at the Roeder Home and Horn rental. Term of Contract: Expiration Date: 1. Prepared by: 2. Attorney review 3. AS Finance reviewed: 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff. 7. Contractor signed. 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13..Returned to dept; 14. County Original to Council this form may need to expand to more than one page Date y-J-&% [electronic] Date [electronic] Date [electronic] Date _ [electronic] Date [electronic] hard copy printed Date . . Date Datesummary via electronic; hardcopies] Date Date Date Date Date Page 2 54 PROPOSED BY: SPONSORED BY: _ INTRODUCED: RESOLUTION 2008- A RESOLUTION APPROVING CHANGES TO CONTRACT NUMBER 200804021 WITH TOPSIDE ROOFING AND CONSTRUCTION PERTAINING TO THE REPLACEMENT OF THE ROOFS ON THE ROEDER HOME AND HORN RESIDENCE WHEREAS, The Whatcom County Parks & Recreation Department contracted with Topside Roofing and Construction for replacement of the roofs on the Roeder Home and adjoining Horn residence in accordance with Whatcom County purchasing policies and those policies require that changes in a contract in excess of $10,000 or 10% of the original contract amount require approval of the Whatcom County Council. WHEREAS, unforeseen damage was discovered in the process of replacing the roofs which required additional work and materials to reconstruct and replace the damaged areas. WHEREAS, this additional work resulted in an increase of $18,314.18 to the original contract amount of $36,942.72. THEREFORE, BE IT RESOLVED, by the Whatcom County Council that the Roeder Home contract with Topside Roofing and Construction, number 200802041 be amended by $18,314.18 for a total amount of $55,256.90.. APPROVED this ATTEST: day of Dana Brown -Davis, Council Clerk APPROVED as to form: Chief Civil Deput F % ecutor STATE OF WASHINGTON ) ss. COUNTY OF 2008 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Date: Carl Weimer, Chairperson Pete Kremen, Executive On this day of 2008 before me personally appeared to me known to be the County Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires: 55 � �Wvqh �04 10 To. P S ID19 . ROOFING &CONSTRUCTION I ROOFING P.O. Box 30618 Bellingham, WA 98228 Toll Free: (877) 318-1900 Office: (360) 752.2220 Fax: (360) 752-0398 #TOPSIC104OQ5' CHANGE ORDER Customer: �Ovkiroy\.. Date: Job Address: 2 .0.4 Foreman: p 2) A 3) A -) e-A fi 4) 6) 7) 8) 9) 10) ADDITIONAL COST (AMOUNT TO BE ADDED TO ORIGINAL ESTIMATE): 1; W Z I E nevil 11*1:4 4 Z F-1 e &-) Cei ► 10-7-1119 I oi-lll -- DISCLAIMER: By signing above, Homeowner hereby acknowledges the increase in cost of the Original Bid # . dated _/_/ ' . ORIGINAL/WHITE COPY TO TOPSIDE ROOFING & CONSTRUCTION DUPLICATE/YELLOW COPY TO HOMEOWNER 56 .-k AW('e o�eK I UPI 0 As 1 METAL ROOFING • RE -ROOFING SPECIALISTS P.O. Box 30618 Bellingham, WA 9822S Toll Free: (877) 31S-1900 Office: (360) 966.2042 Fax: (360) 966•2475 #TOPSIC1041Q5 Job Address: • �� V !.'r-•:�J C.�C.1 `.i" ,si; <". ,: .._f.... �, •,� ti...J�... .,t Q,• Dat Foreman: ..' r ,:. , P.O. #: SCOPE OF WORK TO BE PERFORMED: _.�--• ) a�""'�e;!•%''i f 'i / %��'rF t F-d,.�' 4r,•iir4 %' ems.. ,: .:f � '! (';� t �/ � r r'...,� �.•J: e - f i .i t.'i t i r `�' yr , .� .. MATERIALS: 6) C. �r f•'f F ��t 'r's 3) 8) _ _. 5) 10) Im HOMEOWNER SIGNATURE: 0/0 DATE: FOREMAN SIGNATURE: C DATE: "I'll I NOT VALID UNLESS SIGNED BY THE HOME NER & JOB FOREMAN. DISCLAIMER: By signing above, Homeowner hereby acknowledges and agrees to the price quoted above for said repairs and also agrees to remit full payment to Topside Roofing & Construction upon receipt of invoice for said work. ORIGINAL/WHITE COPY TO TOPSIDE ROOFING & CONSTRUCTION DUPLICATE/YELLOW COPY TO HOMEOWNER 57 A, P ROOFING & CONSTRUCTION GP.O. BOX 30618 Bellingham, WA 98228 V Toll Free: (877) 318.1900 Office: (360) 966•200 ";� :� a'��. Z Fax: (360) 9664425 #TOPSICI041Q5 - *� Job Address:, 4,- %n c- 4, cl� `�� Date: c2 Foreman: ,A��.�' A A ° A,,-,—. � P.O. #: � �" �• _ a'r� SCOPE OF WORK TO BE PERFORM MATERIALS: i 3)8) 4) ` 4)_S,2 9) 5) 10) TOTAL COST: + TAX (8.2%) HOMEOWNER SIGNATURE: • "A t DATE: 9 /� �� A FOREMAN SIGNATURE: DATE: NOT VALID UNLESS SIGNED BY THE HOMEDWER &JOB FOREMAN. DISCLAIMER: By signing above, Homeowner hereby acknowledges and agrees to the price quoted above for said repairs and also agrees to remit full payment to Topside Roofing & Construction upon receipt of invoice for said work. ORIGINAL/WHITE COPY TO TOPSIDE ROOFING & CONSTRUCTION DUPLICATE/YELLOW COPY TO HOMEOWNER wool T PSI 0 E ROOFING &CONSTRUCTION ROOFING * SIDING i P.O. Box 30618 Bellingham, WA 98228 Toll Free: (877) 318-1900 Office: (360) 752-2220 Fax: (360) 752-0398 #TOPSIC1040QS CHANGE ORDER . i Customer: W1aa - (.-,vv-\ Date: Job Address: .4 S Foreman: Ac—vAe,A P.O.# 9 DESCRIPTION OF WORK TO BE PERFORMED: LOU V, �' R.A" 2) J 3) 4) A 5 is r-� 60 2_19 I; Rl z 1 *617 I; L*1:4 4 Z F-, I W 6) 7) 8) 9) 10) ADDITIONAL COST (AMOUNT TO BE ADDED TO ORIGINAL ESTIMATE): DISCLAIMER: By signing above, Homeowner hereby acknowledges the increase in cost of the Original Bid # H041 -, dated o / / -31 / C) 2 ORIGINAL/WHITE COPY TO TOPSIDE ROOFING & CONSTRUCTION DUPLICATE/YELLOW COPY TO HOMEOWNER 59 TOPSIDV. ROOFING 9 SIDING ROOFING t�' CONSTRUCTION P.O. Box 3o6i8 Bellingham, WA 98228 Toll Free: (877) 318.1900 Office: (360) 752-ZZ20 Fax: (360) 752-0398 #TOPSICI04oQ5 CHANGE ORDER Customer: Date: OK Job Address: L:oo Foreman: 1 P.O.# T) DESCRIPTION OF WORK TO BE PERFORMED: -ci 1) 1Xt 3)a,�.., 4) 6) 7)s�a� 8) 9) 10) ADDITIONAL COST [AMOUNT TO BE ADDED TO ORIGINAL ESTIMATEI: --- �A DISCLAIMER: By signing above, Homeowner hereby acknowledges the increase in cost of the Original Bid # a dated )_/ 7 1/ O h ORIGINAL/WHITE COPY TO TOPSIDE ROOFING F3 CONSTRUCTION DUPLICATE/YELLOW COPY TO HOMEOWNER 60 �rrly+ TOPS11)19 ROOFING &CROOFING * SIDING ONSTRUCTION P.O. Box 3o618 Bellingham, WA 98228 Toll Free: (877) 318-1900 Office: (360) 752.2220 Fax: (36.0) 752-0398 #TOPSICI04oQ5 Customer: Job Address: Foreman: i--� 7-1 A.F i r:, --{- s i' 1('roti^ > ` ChY�c' `ttlia ii <�tn'�cr•1 ttt; "G — LIST OF MATERIALS USED r 2) x L�. i, ;` c 7) 3) r'J8) 4) ... �... fir} r� 1 9 ) 5) 10) ADDITIONAL COST (AMOUNT TO BE ADDED TO ORIGINAL ESTIMATE): I emu OF, k W.. I k' DISCLAIMER: By signing above, Homeowner hereby acknowledges the increase in cost of the Original Bid # , dated ORIGINAL/WHITE COPY TO TOPSIDE ROOFING & CONSTRUCTION DUPLICATE/YELLOW COPY TO HOMEOWNER 61 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2008-331 CLEARANCES Initial Date Date Received in Council Oflice Agenda Date Assigned to: Originator., 9/04/08 n 1111 ( D SEP 1: 6 2008 WHATCOM COUNTY COUNCIL 9/23/08 COTW/Council Division Head. Dept Head. Prosecutor. Purchasin Bu t. 99/04/08/ Executive:AL'� TITLE OP DOQVMENT. Approval to Purchase Computer Equipment ATTACHMENTS: Memo from Finance & Information Technology 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.) Information Technology is requesting approval to purchase computer equipment for a storage area network. The vendor is IBM. The total cost for this purchase is $52,230.98. This is a planned purchase and funds were approved with ASR 2007-236 and re -appropriated in Supplemental Budget #3. 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. 62 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: 4 September 2008 GOM'COG A P J ��SHINGC0 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Computer Equipment BACKGROUND FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Information Technology is requesting approval to purchase equipment for a storage area network. They would like to use the Western States Contracting Alliance through the Washington State Contract. The vendor is IBM and the total price for this equipment is $52,230.98. FUNDING Funds for this purchase are in the current IT budget, ASR 2007-236, was re - appropriated in Supplemental Budget #3. 1 recommend approval AS Finand"e 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 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-455563 M COG WHATCOM COUNTY AGO ti ADMINISTRATIVE SERVICES Whatcom County Courthouse ' 311 Grand Avenue, suite 108 �9SHtNc,�0� Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER. Director TO: Brad Bennett Finance Manager FROM: Perry Rice a IT Manager DATE: September 3, 2008 INFORMATION TECHNOLOGY Whatcom County. Courthouse 311 Grand Avenue, Suite B-06 Bellingham, WA 98225-4038 PRice@co.whatcom.wa.us PERRY L. RICE Manager RE: Request to Purchase Storage Area Network (SAN) from WSCA Contract Attached is a requisition for $52,230.98 to purchase equipment for a Storage Area Network (SAN) from IBM via the Western States Contracting Alliance contract. Funding for the SAN was approved in ASR 2007-236 for calendar year 2007. Due to key staffing changes, the project was delayed and funding was re -appropriated to 2008 in Supplemental Budget #3 on 1/29/2008. The countywide Storage Area Network (SAN) is critical to efficiently meeting the increasing computer server and storage requirements of Whatcom County government. The SAN was planned for over 3-years ago and is an essential addition to.our IBM Blade Center architecture. 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 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 7384553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555 64 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2008-332 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 9/04/08 M p 0 V SEP 1', 6 2006 Lt v ��/HATCOM COUNTY COUNCIL 9/23/08 COTW/Council. Division Head: Dept Head: - Prosecutor. PurchasingB t: 9/04/08 Executive: L ,66 Q r �U 110 6- TITLE VF DOCUMENT. Approval to Award Bid 08-81 Sheaves for the Ferry Terminals ATTACHMENTS: Memo from Finance & Public Works 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.) Public Works is requesting approval to award the bid for the supply of various sheaves for the Lummi ferry terminals to the lowest responsive bidder, Woods Logging Supply for a total of $176,220.24. Funds for this purchase were approved in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 65 WHATCOM COUNTY ADMINISTRATIVE SERVICES DEPARTMENT Dewey Desler Director DATE: 8 September 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Bid Award 08-81 Ferry Terminal Sheaves FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Background Bids have been advertised and received for supply of various sheaves for the ferry terminals. Two responsive bids were received on Tuesday September 9 and the results. are noted below. Woods Logging Supply 162,564.80 13,655.44 $ 176,220.24 Jesse Engineering 176,870.00 14,857.08 191,727.08 Public Works, Engineering is requesting approval to award the contract and enter into an agreement with the lowest responsive bidder, Woods Logging Supply for $176,220.24. Funding Funding for this purchase is included in Budget Supplemental #10 scheduled for the County Council meeting September 23, 2008. AS inance Man Approved as recommended County Executive Date of Council Action 0 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director °M °°oy� JOSEPH P. RUTAN, P.E. Assistant Director/County Road Engineer 2011 Young St., Suite 201 Bellingham, WA 98225-4052 ca 4SHINGS Phone: (360) 715-7450. Fax: (360) 715-7451 MEMORANDUM To: Brad Bennett, Finance Manager From: Chris Brueske, P.E., Engineering Manages CC: Frank.M. Abart, Director Date: September 10, 2008 Re: Recommendation for Award of Bid No. 08-81, Supply of Counterweight and Hoist Sheaves for the Lummi Island Ferry Tenninals The above -referenced bid was advertised on August 27 and September 3, 2008. Two (2) responsible bids were received and opened at 2:30 PM on September 9, 2008. The following table summarizes the results of the bid opening: Woods Logging Supply, Inc. Jesse Engineering Company Base Bid $162,564.80 $176,870.00 Tax $13,655.44 $14,857.08 Total Bid $176,220.24 $191,727.08 It is my recommendation that award of Bid No. 08-81 be made to Woods Logging Supply, Inc. as the lowest responsible bidder in the amount of $176,220.24. These items are replacements for the hoist and counterweight sheaves installed on the ferry terminals in the 1980's. The new sheaves will be installed by the M&O bridge crew. Please contact me if you require any further information regarding this issue. 67 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-334 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Eric L. Schlehuber Q t ���,�� ((� !�� p D `J �C v IE 09123108 COTW/Cou_ _nC11 Division Head: I���O� Eric L. Schlehuber. Q q. ���� SEP 1' WHATCOM COUNTY COUNCIL Dept. Head: Frank M. Abart q /t ((/ O F Prosecutor: Daniel L.Gibson dl 09102108 Purchasing/Budget: Brad Bennett 0 1 j,x a9 J Executive: '1►" Pete Kremen TITLE O DOC MENT.• Contract Extension for Truck & Tanker Fuel Service ATTACHMENTS. Memo and Contract Amendment 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.) Approval and authorization for the County Executive to enter into a contract amendment for extension of the term of services with Reisner Distributor, Inc., in the amount of $990,577.50 (contract amount amended to $1,684,980.50) for the purposes of purchasing and delivering fuel to be used in Whatcom County equipment and vehicles. Regular delivery service of truck and trailer loads will be F.O.B. Whatcom County Central Shop, 901 West Smith Road., Tank wagon deliveries will be used for delivery of fuel for usage on the Whatcom County Ferry (Whatcom Chief at Gooseberry Point) and at Silver Lake Park in Maple Falls. Contract to be extended from October 1, 2008 through September 30, 2009. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution 200710004 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. EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, County Executive and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, PW Director..1�4wq(tc (ob FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: Truck & Tanker Fuel Service Contract — Contract Extension Reisner Distributor, Inc. (Contract #200710004) DATE: September 10, 2008 901 W. Smith Road Bellingham, WA 98226 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager RI SEP 12 2008 PETF KREMEN COUNTY EXECUTIVE ■ Requested Action Enclosed are two (2) contract amendment originals between Whatcom County Public Works and Reisner Distributor, Inc. in the amount of $990,577.50 for your review and signature. ■ Background and Purpose This agreement is a result of the bidding process in 2007, which resulted in the awarding of a bid pursuant to Bid 07-85 — Truck & Tanker Fuel Service for the purposes of purchasing and delivering of fuel to be used in Whatcom County equipment and vehicles. This contractor was chosen because they were overall the lowest responsive and responsible bidder. The truck and tank fuel service bid (AB2007-366) and subsequent contract received unanimous executive/council approval on September 25, 2007 at the Regular County Council Meeting. The original contract agreement provided the option of extending the truck and tanker fuel service for up to three (3) annual renewals. (for a period of one year each) for a total of four years on this contract, which would expire on September 30, 2011 if all renewal options are utilized. This, if approved, is the first extension of this contract. ■ Funding Amount and Source This contract amendment is in the approximate amount of $990,577.50 for a new running total of approximately $1,684,980.50. Payment under the contract is accomplished through interfund billings on an as - needed basis. The actual amount may vary from this figure since the price per gallon is subject to fluctuation during the term of the contract and the exact amount of fuel to be delivered is unknown. The actual expenditure will be a function of the supplier's rack price (Tosco Conoco -Phillips), which fluctuates, the same fixed delivery cost, and the actual amount of fuel delivered, which may also vary somewhat from the estimate contained in the contract. The funding has been allocated in the 2008 ER&R Fund Budget. ■ Differences from Previous Contract This is an amendment to extend/renew the contract for the purchase of fuel for another year with the contract amount increased solely due to the suppliers current rack prices, which have increased significantly, from 2007 rack prices of $2.0635 to $2.9400 per gallon (42%) for Unleaded Regular (87 Octane), from $2.3150 to $3.3500 (45%) for Ultra Low Sulfur #2 Dyed Diesel, and from $2.3510 to $3.7310 (59%) Biodiesel (1320). ■ Recommended Action Please approve this contract amendment and forward to the Executive and the Whatcom County Council for approval at the September 23, 2008 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns regarding the terms of this agreement. Enclosures WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. .�oo-7/0004-I Originating Department: Public Works / Equipment Services Division Contract Administrator: Eric L. Schlehuber Contractor's / Agency Name: Reisner Distributor, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No X Yes X No If yes, previous number(s): 200710004 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 X No If yes, RFP and Bid number(s) 07-85 Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is more amt and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $ 694, 403.00 (approximation) supporting memo. Any amendment that provides either a 10 % increase in amount or more than $10, 000, whichever is greater, must also go to This Amendment Amount: $ 990, 577.50 (approximation) Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Executive with supporting memo for Total Amended Amount: $ 1, 684, 980.50 (approximation) approval. Scope of Services Truck & Tanker Fuel Service: To provide for the purchasing and delivering of fuel for use on Whatcom County equipment and vehicles.. Term of Contract: 1 year w/1 year extensions: this contract is for year two Expiration Date: September 30, 2009 contract [touting steps & signoU. /sign or intti 1. Prepared by: Deb Douglas 2. Attorney reviewed. Daniel L. Gibson 3. AS -Finance reviewed bbennett 4. IT reviewed if IT related. 5. Corrections made: 6. Attorney signoff.• Daniel L. Gibson 7. Contractor signed: 8. Submitted to Exec Office: 9. Reviewed by DCA: 10. Council approved (if necessary): 11. Executive signed. - 12. Contractor Original returned to dept: 13. County Original to Council: Date 09102108 Date 09102108 Date 09104108 Date Date Date_ 09/027o8 Date 09110108 Date 09110108 Date Date Date Date Date [electronic] [electronic] [electronic] [electronic] [electronic] hard copy printed [summary via electronic; hardcopies] this form may need to expand to more than one page 70 Whatcom County Contract No. CONTRACT EXTENSION #1 2007 / O 00 q- —� ` SERVICES AND MATERIALS AGREEMENT FOR TRUCK & TANKER FUEL SERVICE BETWEEN WHATCOM COUNTY AND REISNER DISTRIBUTOR, INC. This extension of Whatcom County Contract #200710004 is made this _ day of September, 2008, by and between Whatcom County, a municipal corporation, hereinafter referred to as the "COUNTY", and Reisner Distributor, Inc., hereinafter referred to as the "CONTRACTOR", for the purpose of providing for the purchase and delivery of fuel to be used on Whatcom County equipment and vehicles. A. The following paragraphs are amended and should be substituted into the original agreement: 10.1 Term: Services and materials provided by Contractor prior to or after the term of this contract shall be performed or provided at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term.of this Agreement shall be extended by mutual agreement of the parties for a period of one year, beginning October 1, 2008 through September 30, 2009. The term shall be as stated regardless of the date of signature. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties thirty days prior to expiration, for a period of up to one year at a time for two additional one-year terms, and for a total of no longer than four years on this contract. The option for extension shall be considered to be automatic, unless one party to the Agreement opts to terminate the Agreement. The minimum period of notification of intent to terminate the Agreement prior to the otherwise automatic extension shall be no less than 120 days prior to September 30, 2009. B. Exhibit "A" shall be substituted in its entirety by Exhibit "A-1" as attached hereto. C. Exhibit "B" shall be substituted in its entirety by Exhibit "B-1" as attached hereto. D. Exhibit "C" shall be substituted in its entirety by Exhibit "C-1" and a current certificate of insurance, identifying Whatcom County as an additional insured, shall be submitted with this contract extension. The general liability and property damage insurance minimums shall remain the same. E. All other terms and conditions set forth in the original agreement will remain in full force and effect. F. The maximum consideration for the extended term of this agreement or for any renewal term shall not exceed approximately 990 577.50, for a total amended amount of approximately $1,684,980.50 on this contract. The contract number, set forth above, shall be included on all billings or correspondence in connection therewith. IN WITNESS WHEREOF, the parties have executed this Agreement this 0 day of September, 2008. CONTRACTOR: REISNER DISTRIBUTOR, INC. Averill, Vice -President STATE OF WASHINGTON ) ss COUNTY OF WHATCOM On this/Q Distributor, Inc., who before me personally appeared Dan Averill, to me known to be the Vice -President of Reisner. 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 = Extension #1 Services and Materials Agreement Page 171 Contract for Truck & Tanker Reisner Distributor, Inc. WHATCOM COUNTY: Recommended for Approval: rank M. Abart, Department Director Approved as to form: �J'ct - li� Daniel L. Gibson, Assistant Chief Civil Deputy Prosecuting Attorney Approved: Accepted for Whatcom County: Bv: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Date 1 09 Date Date On this day of September, 2008, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: REISNER DISTRIBUTOR, INC. Dan Averill, Vice -President Address: 1922 Front Street Lynden, WA 98264 Mailing Address: P.O. Box 673 Lynden, WA 98264-0673 Contact Name: Dan Averill Contact Phone: (360) 354-2169 Contact FAX: (360) 354-4768 Contact Email: daverillaa.reisnerdistributor.com Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 272 EXHIBIT "A-1" (SCOPE OF WORK) A. PRODUCT PRICE ADJUSTMENT Provisions or conditions for product price adjustment during the contract period must be supplied in a bidder statement accompanying the bid. Adjustments up and down may be based only on supplier rack price changes to the vendor, must be clearly documented, and must be easily auditable. Product price adjustments during the contract period must be supplied at each delivery. Whatcom County reserves the right to negotiate an acceptable method of price adjustment prior to awarding the bid and at any time during the contract period. The vendor's delivery charge or margin must be firm for the period of October 1, 2008 through September 30, 2009 for truck and trailer loads to be delivered to the Whatcom County Central Shop, located at 901 West Smith Road, including tank wagon loads to be delivered to the Whatcom Chief Ferry, Gooseberry Point or to the Silver Lake Park, Maple Falls. B. FUEL SERVICE DELIVERY Delivery is desired within 24 hours after receipt of order. Delivery shall not be complete until items listed in these specifications are delivered to the address shown on the purchase order. Bid price is F.O.B. Whatcom County Central Shop, 901 West Smith Road Bellingham; the Lummi Ferry Terminal at Gooseberry Point, and Silver Lake Park Maple Falls WA. Deliveries may be made any time between 8:00 a.m. and 3:30 p.m., Mondays through Fridays, except during County holidays. The following is a list of the County holidays that are observed: New Years Day, Martin Luther King's Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day. Delivery must be made in the presence of designated County personnel. Tank wagon deliveries must be metered. The delivery driver must check the County storage tank(s) for water before delivery. Water quantity must be recorded on the delivery slips. Truck and trailer deliveries must show County tank reading in inches before and after delivery. Delivery slips, signed by a County employee, must accompany invoices. C. RIGHT OF REFUSAL Whatcom County reserves the right to analyze fuel at any time during the contract period and may refuse fuel if defective or substandard. All fuels purchased as a result of this bid are subject to the approval of the Whatcom County Public Works Equipment Services Manager. Any fuel rejected because of nonconformance with the terms and conditions of this bid, whether held by the County or returned, will be at the vendor's own risk and expense. The County reserves the right to terminate contracts with thirty days of written notification for unsatisfactory performance or other significant change. D. PAYMENT TERMS Whatcom County intends to take advantage of prompt payment terms offered. Prompt payment discounts of 20 calendar days or more after receipt of correct material and invoice will be considered in evaluating bids as a constant percentage of dollar reduction to unit bid price. Payments will be processed in accordance with Whatcom County's established policies and procedures. Delivery slips, signed by a designated County employee, must accompany invoices. E. SUPPLIER CONTRACT All bulk fuels must be supplied by the same certified major brand supplier. Whatcom County reserves the right to test fuel against the supplier's specifications. F. DISTRIBUTION FACILITIES Contractor must have local distribution facilities in Whatcom County. G. RIGHT OF PURCHASE During the contract period, if the supplier cannot supply product or service due to problems beyond its control, Whatcom County reserves the right to purchase from another vendor. H. COMPLIANCE STANDARDS Gasoline being bid must have a minimum octane rating of 87 for unleaded regular gasoline and must conform to ASTM D4814, Standard Specification for Automotive Spark -ignition Engine Fuel, ASTM International (ASTM D439-89 was withdrawn in 1990 and replaced with this standard). Bidder must indicate on the bid form the octane rating for the unleaded regular gasoline being bid. The #2 dyed diesel and the Ultra Low Sulfur #2 dyed diesel must conform to the most recent issue of ASTM D975, Standard Specification for Diesel Fuel Oils, and must be dyed where applicable to meet the government tax exempt status. Biodiesel B5 and B20 must conform to ASTM D396, Standard Specification for Fuel Oil, ASTM International. Biodiesel 13100 must conform to ASTM D6751, Standard Specification for Biodiesel Fuel Blend Stock (13100) for Middle Distillate Fuels, ASTM International, and United States Environmental Protection Agency Guidelines. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement, Reisner Distributor, Inc. Page 373 1. UNITED STATES COAST GUARD CERTIFICATION The Contractor must be certified by the U.S. Coast Guard and proof of this certification may be requested. This certification shall be maintained current and failure to do so may result in termination of the contract. The Contractor shall comply with all applicable U.S. Coast Guard and Department of Ecology regulations regarding the delivery of fuel. In addition, the Contractor must provide relevant refueling hardware which includes but is not limited to properly sized U.S. Coast Guard - approved hose and fittings. J. ESTIMATED QUANTITES Contract is based on the following approximate annual quantities, which is estimated in gallons based on the past year's consumption. These estimates are not guaranteed and were- provided for bidding purposes only. Tables listed below show the type of delivery, fuel type, approximate usage (annually unless otherwise specified), storage (tank) capacity, and additional information listed under the comments column. SECTION A TRUCK & TRAILER DELIVERY F.O.B. Public Works Central Shop; 901 West Smith Road, Bellingham WA 98226 Fuel Type 'Approximate. Usage Storage Tank Capacity Comment Unleaded Regular Gasoline 110,000 gallons 5,000 gallons 10,000 gallons Ultra Low Sulfur #2 Dyed Diesel and/or 50,000 gallons 20,000 gallons Potential biodiesel use: Biodiesel 75,000 gallons April 1 thru November 30 SECTION B TANK WAGON DELIVERY (ON -CALL DELIVERY) F.O.B. Whatcom Chief Ferry (Gooseberry Point) Fuel Type Approximate: Usage; Storage Capacity Comment . #2 Dyed Diesel 60,000 gallons 4,400 qallons Average Delivery 2,000 gals Note: Bidder must be U.S. Coast Guard -certified to fuel over water. SECTION C TANK WAGON DELIVERY (ON -CALL DELIVERY) LF.O.B. Silver Lake Park (Maple Falls) Fuel Type Approximate.Usa�e Storage Capacity Comment Ultra Low Sulfur #2 Dyed Diesel 300 gallons 300 allons Annual Delivery 1-2 Times K. SPILL RESPONSE The successful bidder, otherwise known as the contractor, shall be solely responsible for any and all spills, leaks or releases, which occur as a result of, or are contributed to by, the actions of its agents, employees, or subcontractors. The contractor shall take all measures as required by law to prevent fuel spills, which includes but is not limited to any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or onto any land or water. In the event of a fuel spill, leak, or release, the contractor shall be responsible for the required notifications, containment, clean up, and disposal of the oil spilled and agrees to take the following actions: 1. If warranted, evacuate and warn those persons that may be affected by the spill. 2. Immediately contact the appropriate Emergency Response Agencies as required. 3. Notify the appropriate customer representative of the spill. Clean up the spill in a manner that complies with federal, state and local laws, regulations, rules and standards. 4. For spills that occur other than on a customer's owned or leased property, provide all notifications and reports as specified by federal, state and local laws, regulations, rules, standards and permits. 5. Possibly attend additional spill prevention training, at the contractor's expense. Possibly acquire, at the contractor's expense, additional spill prevention equipment. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 474 Should the contractor fail or refuse to take the appropriate and timely containment, clean up, and disposal actions, the customer may do so and the contractor shall reimburse the customer for all expenses incurred including fines levied by appropriate agencies of federal or local governments. If there are no monies due, the remediation costs shall be the responsibility of the contractor or submitted as a claim to the bonding company. L. ENVIRONMENTAL Contractor shall comply with all environmental regulations relevant to the contracted refueling service. A comprehensive spill contingency plan shall be provided to the County. Department of Ecology has a guidebook, Mobile Facility Response Plan Preparation Guide (November 2006), which may be used as a guide in preparing a spill response plan to comply with Chapter 173-180 WAC, Facility Oil Handling Standards. The delivery equipment shall be equipped with spill response kits and have a wireless or remote shut-off device capable of stopping flow of oil from the mobile facility and the vessel. Drivers should.be trained to comply with Department of Ecology oil handling and certification. Drivers providing tank wagon delivery of fuel to the Whatcom Chief Ferry shall maintain 24-hour "Hazwoper" (Hazardous Waste Operations and Emergency Response Standard) training certification. Personnel with oil transfer duties shall have radios and a secondary means of communication. M. PETROLEUM FUEL SPECIFICATIONS All unleaded regular gasoline must meet or exceed the most current ASTM specifications relevant to the fuel type ordered. The County reserves the right to test fuel samples to verify specification compliance and failure to supply fuel that meets the minimum specifications may result in contract termination. Ultra Low Sulfur #2 dyed diesel must meet or exceed ASTM D975-03 S-15 specification and must be red -dyed where applicable to meet the government tax exempt status. N. BIODIESEL SPECIFICATIONS Biodiesel must conform to ASTM standards and United States Environmental Protection Agency Guidelines. Currently two grades of biodiesel are offered on a limited basis by the state: (1) B#1 offers improved quality control measures to customers; and (2) B#2, for which the intent is to offer customers what is readily available. 0. BIODIESEL B#1 A. QUALITY : Besides adhering to government and industry quality standards, the Biodiesel B#1 must at a minimum adhere to the following requirements: 1. Biodiesel B91 must be produced by a BQ-9000 certified facility. Accreditation is provided through the National Biodiesel Accreditation Program, which is a cooperative and voluntary program for both producers and marketers of biodiesel fuel called BQ-9000. This unique program combines both the ASTM standard for biodiesel and a quality systems program, which includes storage, sampling, testing, blending, shipping distribution, and fuel management practices. 2. Manufacturing consistency (one manufacture utilizing one feedstock). One sample shall be taken from each batch of the B100 B#1 produced. These samples are to be labeled, sealed, and stored for a period of up to 7-months. Samples shall be provided for testing upon request. 3. Biodiesel B#1 must be free of contamination resulting in bacteria or condensation. If bacteria are present, the appropriate treatment shall be applied to the biodiesel at their expense. 4. B100 B#1 must be filtered to 5 microns or less on transfer from storage tanks to the hauler's truck. 5. Biodiesel B#1 must be virgin (unaltered) from a single feedstock and homogeneous. The inclusion of recycled products such as "yellow grease" in the manufacturing process will not be permitted for the B#1 specification. 6. B#1 must meet or exceed ASTM D6751-03a Grade S15 specification. B. MINIMUM SPECIFICATIONS: The following minimum specifications shall be met or exceeded. Pro ";e Tegt Method Current Limits Units Flash point closed cup) D93 130.0 min °C Water and Sediment D2709. 0.050 max % volume Kinematic Viscosity, 400C D445 1.9 - 6.0 mm21s Sulfated Ash D874 0.020 max % mass Sulfur . D5453 0.05 max % mass Copper Strip Corrosion D130 No. 3 max Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 575 Property Test Method Current Limits Units Cetane Number D613 47 min Cloud Point D2500 -1 ° °C Carbon Residue D4530 0.050 max % mass Acid Number D664 0.80 max mg KOH/ Free Glycerin D6584 0.020 % mass Total Glycerin D6584 0.240 % mass Distillation Temperature, AET, 90% D1160 360 max °C Calcium plus Magnesium 5.0 max ppm Sodium plus Potassium 5.0 max ppm Oxidation Stability ASTM D2274 or Rancimat EN 14112 10/100 max 1.75 min mg/ml hour Linolenic acid concentration 12 max % mass Water content Karl Fischer Moisture 500 max ppm Particulate contamination 24 max mg/kg Acid Number ASTM D664 0.50 max mg KOH/ Kinematic Viscosity, 40°C ASTM D445 1.9 — 5.0 mm2/s Calcium plus Magnesium 5.0 max ppm C. BLENDING & HANDLING: Unless otherwise specified, the blending and handling of biodiesel must conform to the most current Biodiesel Handling and Use Guidelines as defined by the U.S. Department of Energy. 1. Hauler shall blend the B100#1 with petroleum diesel as specified by the County. 2. The biodiesel shall be loaded prior to loading the petroleum diesel. 3. The B100#1 is to be transferred using clean, dedicated hoses that are properly labeled for that purpose only. 4. All B100#1 transfers shall be metered into the hauler's truck compartments. 5. Each compartment in the hauler's vehicle shall be loaded with the correct percentage of biodiesel corresponding to the blend ordered. Example: If B20#1 blend was ordered, each compartment shall contain 20% volume of biodiesel; if a 135#1 blend was ordered, each compartment shall contain 5% volume of biodiesel. 6. After the biodiesel is loaded into the hauler's truck, the tanks are then filled with petroleum diesel so as to achieve the requested biodiesel blend ratio and to achieve proper mixing. 7. Biodiesel is to be metered and not measured by weight, unless the County specifies otherwise in writing. D. SAMPLING & TESTING: So as to rule out biodiesel as the cause of the trouble, the hauler shall obtain two samples of the delivered product upon request of the County. These samples shall be retained for 7 months from the delivery date and provided to the County upon request. These two samples shall be as follows: 1. A one -quart sample of B-100#1 at the time the biodiesel is loaded into the hauler's tank truck. 2. A one -quart sample of the blended, finished product (e.g., B5, B20) at the time of delivery. This sample shall be taken from the middle of one of the hauler's tank truck compartments using an appropriate sample gathering device. E. PRODUCT AGE: Biodiesel in its pure form, 6100 is known to degrade due to age. Due to this possibility, the County seeks to obtain as fresh a product as practical, but no older than four months from date of manufacture. P. BIODIESEL B#2 A. UQ ALITY: Besides adhering to government and industry quality standards, the Biodiesel B#2 must at a minimum adhere to the following requirements: 1. Consistency in manufacturing (one manufacture utilizing one feedstock). 2. Biodiesel B#1 shall be free of contamination resulting in bacteria or condensation. If bacteria are present, the appropriate treatment shall be applied to the biodiesel at their expense. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 676 3. Biodiesel B#2 must be virgin (unaltered) from a single feedstock. 4. B#2 must meet or exceed ASTM D6751-03a Grade S15 specification. B. BLENDING & HANDLING: Unless otherwise specified, the blending and handling of biodiesel must conform to the most current Biodiesel Handling and Use Guidelines as defined by the U.S. Department of Energy. 1. Hauler shall blend the B100#2 with petroleum diesel as specified by the County. 2. The biodiesel shall be loaded in accordance with industry standards. 3. All B100#2 transfers shall be metered into the hauler's truck compartments. 4. Each compartment in the hauler's vehicle shall be loaded with the correct percentage of biodiesel corresponding to the blend ordered. Example: If B20#2 blend was ordered, each compartment shall contain 20% volume of biodiesel; if a B5#2 blend was ordered, each compartment shall contain 5% volume of biodiesel. 5. After the biodiesel is loaded into the hauler's truck, the tanks are then filled with petroleum diesel so as to achieve the requested biodiesel blend ratio and to achieve proper mixing. 6. Biodiesel is to be metered and not measured by weight, unless the County specifies otherwise in writing. C. PRODUCT AGE: Biodiesel in its pure form B100 is known to degrade due to age. Due to this possibility, the County seeks to obtain as fresh a product as practical, but no older than four months from date of manufacture. Q. INSURANCE REQUIREMENTS The Contractor shall, at its own expense, obtain and keep in force insurance as follows until completion of the contract. Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the County that insurance in the following kinds and minimum amounts has been secured within fifteen (15) calendar days of receipt of notice of award. Failure to provide proof of insurances, as required, shall result in contract cancellation. Contractor agrees to assume full liability for all claims arising from this contract including claims resulting from negligent acts of all subcontractors. Contractor is responsible to ensure subcontractors have insurance as needed and failure of subcontractors to comply with insurance requirements does not limit Contractor's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by County. Employers Liability (Stop Gap) — The Contractor shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statues, and regulations to the full extent applicable and shall maintain Employers Liability insurance with a limit of no less that $1,000,000.00. The County shall not be held responsible in any way for claims filed by the Contractor or its employees for services performed under the terms of this contract. Commercial General Liability Insurance — The Contractor shall at all times during the term of this contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under this contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants. The insurance shall also cover bodily injury, including disease, illness, and death and property damage arising out of the Contractor's premises/operations, independent Contractors, products/completed operations, personal injury and advertising injury,.and contractual. liability (including the tort liability of another assumed in a business contract), and contain separation of insured's (cross liability) conditions. Contractor waives all rights against the County for the recovery of damages to the extent they are covered by general liability or umbrella insurance. Limits of Liability Insurance: • General Liability — $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $2,000,000.00 aggregate limit. • Automobile Liability — $1,000,000.00 combined single limit per accident for bodily injury and property damage. MSC90 endorsement and CA9948 endorsement including upset and overturn. • Workers' Compensation — Statutory requirements of the state of residency. • Employers Liability (Stop Gap) — $1,000,000.00. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 7 77 • Umbrella — $4,000,000.00 over General Liability and Automobile to equal $5,000,000.00 per occurrence limit. • Pollution Liability — $5,000,000.00 coverage to include loading and unloading of all petroleum products. Additional Insured - Whatcom County and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, pollution, and property insurance policies. All policies shall be primary over any other valid and collectable insurance. Notice of Policies CancellationlNon•Renewal — For insurers subject to RCW 48.18, a written notice shall be given to Whatcom County forty- five (45) calendar days prior to cancellation or any material change to the policies as it relates to this contract. For insurers subject to RCW 48.15 a written notice shall be given to Whatcom County twenty (20) calendar days prior to cancellation or any material change to the policy as it relates to this contract. If cancellation on any policy is due to non-payment of premium, Whatcom County shall be given written notice at least ten (10) calendar days prior to cancellation. Identification — Policy and Certificate of Insurance shall reference the bid/contract number. Insurance Carrier Rating — The insurance required. above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best's Reports, Any exception shall be reviewed and approved by the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies shall comply with RCW 48.15 and WAC 284-15. Excess Coverage — The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. Pollution Coverage — Contractor shall obtain pollution legal liability coverage for the duration of the contract, including investigation and legal defense costs, for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed. Such coverage shall provide coverage for both on -site and off -site clean-up costs and cover gradual and sudden pollution. Maritime Laws and Coverage — Contractor is responsible for providing insurance to comply with Longshoremen's and Harbor Workers' Act and Jones Act if applicable to the work or services provided under this contract. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 878 EXHIBIT "B-1" (COMPENSATION) PAYMENT TERMS: • Whatcom County intends to take advantage of prompt payment terms offered. Prompt payment discounts of 20 calendar days or more after receipt of correct material and invoice will be considered. Payments will be processed in accordance with Whatcom County's established policies and procedures. • Delivery slips, signed by a County employee, must accompany invoices. SAMPLE PRICE TABLE FOR TRUCK & TRAILER LOADS DELIVERED TO CENTRAL SHOP' a tti: yai fxc-4k �r Y A .. .J e ii'-1 F,OrbeltuPotnt= ; {,, Whalor Coont C�e.,ntral 5ho , 9U��4i�llsflttt,,�aa, �e�,tn h ;WA,98226 y = ,t7F ESTIMATE64 SUPPLIER RACK DELIVERY = DELIVERED PRICE TV EGA PPRGALL�N L EXTENDEDPRICE LLONS PRICE': CH!';RGE ' .: (ejicludmg taxes) ,. " Unleaded Regular 87 Octane 110,000 $ 2.9400 $ .04200 $ 2.9820 $ 328,020.00 Ultra Low Sulfur #2 Dyed Diesel 50,000 $ 3.3500 $ .04750 $ 3.3975 $ 169,875.00 Biodiesel B20 * 75,000 $ 3.7310 $ .06750 $ 3.7985 $ 284,887.50 TRUCK & TRAILER TOTAL $ 782,78250__ *Note: Only the preferred biodiesel blend of B20 is indicated in bid award amount. SAMPLE PRICE TABLE FOR TANK WAGON DELIVERY2 {. - : •..: ^Y%. �f'Y.'�i.Y � . h��. �iil�. � §F .: ��`ik,�`! §,..}.{ �. .M'� zb2',J'2 Y9„tik'rC 2�f ZT, w. � L t9+.b 6"`N•.;,6�. t... � }`r '�' �J he .CiEt^�., tL:-4 6., + X., fi'' 3. 13 ? u �+�`=Y2 Yes e`'c� "�C`,2 C}. H 1�,{,� S , a:§i1Ta . se >vi ti.7f F'C�kSF �4 '=`y�'4 �,5'i-�.�''.�s!Likal �5 �i`^ �oC'C`4 •2� 7':-„Yi4�a �h,,�1r4-�:$1-�5.___ 4�, }'�.ro. Z. v�hl 1 "%'i`h sy. Fi 3 .y :{ ,�� �1 , t �\1 ttvi 4 F'fr ,�'�`� §V%�1�� t��,. .�.,,� (MATED DELIVERY DELI1/ERED PRICE ` FUEL ESl SUPPLIER RACK PER G�ILLON EXTENDED PI2�CE GALLON$ PRICE CHARGE , ; exciudin #2 Dyed Diesel 60,000 $ 3.3500 $ .0950 $ 3.4450 $ 206,700.00 FERRY TANK WAGON DELIVERY TOTAL rr w a",.J V P,I�C�rI.LO�XrE�JDEOPfICE yz,L n F� Ultra Low Sulfur #2 Dyed Diesel 300 $ 3.3500 $ .3000 $ 3.6500 $ 1,095.00 SILVER LAKE TANK WAGON TOTAL re �MEN M—, The price table establishes that the County will pay supplier's rack price based on Tosco Conoco -Phillips rack price at the applicable time plus the fixed delivery charge as stated in the table. Thus the total price may vary from that listed .due to fluctuations in the supplier's rack price and total number of gallons ordered. 2 Same qualification on price as stated in footnote #1, above. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 979 PRODUCT PRICE ADJUSTMENT • Product price adjustments during the contract period must be supplied at each delivery. Adjustments shall be based only on supplier rack price changes to the vendor, must be clearly documented, and may be audited. • The vendor's "delivery charge" as listed above for truck and trailer loads to be delivered at Central Shop (located at 901 West Smith Road) and for tank wagon delivery to the Whatcom County "Whatcom Chief Ferry" and to Silver Lake Park or margin must be firm for the period of October 1, 2008 through September 30, 2009 • Whatcom County reserves the right to negotiate an acceptable method of price adjustment at any time during the contract period. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 10 80 EXHIBIT "C-1" (CERTIFICATE OF INSURANCE) q �. �I{ s�yry�wwrr RD`''R: L:1 ?...... DATE IMMIDDIYY) .:: ;t .. .:. r' =>i•: •' ;: .� . >�! , 05/14l0 .THIS PRODUCER CERTIFICATE IS• ISSUED AS AMATTER OF INFORMATION CER I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8-516 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE UNITY GROUP ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ___. _.___-____ COMPANIES. AFFORDING COVERAGE _ _..... ...__ BOX X BELLINGHAM WA 98227 COMPANY FEDERATED SERVICE INSURANCE COMPANY OR A FEDERATED MUTUAL INSURANCE COMPANY _ --- INSURED 300-108-8 ----... - -.._.. -- - '- .... -.._.. --- ------'---...._...__........--- ............ COMPANY REISNER DISTRIBUTOR INC B PO BOX 409 ANACORTES WA 98221 COMPANY ----- ... .... _........................ —'—... ........... _ .... '—...._.._..._..._.. COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY H_AVE_B_EEN REDUCED BY PAID CLAIMS. ._..-------- -- -- — - __ ---..._.__-.__._._ ..._._.. -- .._-.-.-..-....._.--- ------- _.. - - -- ... - ---- --- CO 1 I POLICY EFFECTIVE POLICY EXPIRATION TR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYI DATE (MM/DDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE - S 2,000,000 COMMERCIAL GENERAL LIABILITY PROD_VCT_S •COMP/OP _AG_G _ S 2i000,O00 A T 7 CLAIMS MADE 7 OCCUR I�_ 9081714 07/01/08 07/01 /09 PERSONAL & ADV INJURY _ '$_«1 ,000, 000--__ - —_ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE - -- -$ 1 000 000 __---_ fLf! DAMAGE (Any ono Iire1- S 100,00� •�, MED EXP (Any one person) 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS 9081714 07/01/08 07/01/09 (perporson) X HIRED AUTOS BODILY INJURY S X NON•OWNEO AUTOS IPer nccidentl ..w. ._--.-_..,_.._.-.—_._..._._......_- PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT' S ANY AUTO O'YHER THAN AUTO ONLY: _ EACI4 ACCIDENT _.__._._.._____.._._.—___._......___-..__-__......... $ ..___..-_......_.__.._........... ... ____.._ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S 4�000,OQO•._.,,••__ A X UMBRELLA FORM 9081715 07/01/08 07/01 /09 AGGREGATE _ _ _ s_4, 000,,000 —_...._ OTHER THAN UMBRELLA FORM S WC STATU• OTIi• EMPLOYERS' LIABILITY EL EACH ACCIDENT A THE PROPRIETOR/ NCL 9081714 07/01/08 07/01 /09 EL DISEASE • POLICY LIMIT PAR'fNERS/EXECUTIVE OFFICERS ARE: REXCL EL DISEASE • EA EMPLOYEE S 1 OOO OOO OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISP£CIAL ITEMS STOP-GAP(EMPLOYER'S LIABILITY) COVERED STATE(S): CONDITIONS OF THE CG 2010. WA RE; DELIVERY OF FUEL ONLY BY REISNER DISTRIBUTOR INC TO CERTIFICATE HOLDER IS ADDITIONAL INSURED PER THE TERMS AND WHATCOM CO PUBLIC WORKS -'�i�ji`".`::d%��?si':•;%<':%v?::>:}i�i"`.':^"?:`i'';:`:;>>,';;:c#ri3i:?v'::":it%;':`:z;':?>E:: :. .. .fi.�1�I.�.ATEt.L•itkL.#ffif3:...,::«:,:.<...<..:,......,<:,�.:.., ................. ..,......,..:.... ......>.....,:t,..:... ....... 3001088 WHATCOM CO PUBLIC WORKS 58 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 901 W SMITH RD EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL BELLINGHAM WA 98226 _45 . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMP ITS AGE14TS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV . }y. .. ..�y�< ^)..p. .�«::. :.......�.>:+,.: <:.:+.::. :::. ....... .. .. .. :...... .�. :..,,;,:;.;:<::.:::'...:..,;.,..:''::.:2:>t5..,:•:::.:`•:'fis4:qx;.�:r:::.^•.:xi':?:;::;2.:.:::;:<.:;:;o:..::i.�.�-,d_Q..,.�i.1.::: :.. i:M:,�'.��A�/37:::`I:D;Q O;. Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 1181 Additional Insured Copy POLICY NUMBER: 9081714 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONALOR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Person(s) Or Organizations Location(s) Of Covered Operations WHATCOM CO PUBLIC WORKS DELIVERY OF FUEL 901 W SMITH RD BELLINGHAM WA 98226 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. REISNER DISTRIBUTOR INC PO BOX 409 ANACORTES WA 98221 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 CG 2010 07 04 Policy Number., 9081714 Transaction Effective Date: 07-01-2008 Contract for Truck & Tanker Fuel Service — Extension #1 Services and Materials Agreement Reisner Distributor, Inc. Page 1282 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-335 CLEARANCES initial Date Date Received in Council Office A ends Date Assigned to: Originator: Dee �� M � �=�j DD SEP 1.6 20013 ����®� COUNCIL COUNTY 9/23/08 COTW/Council Division Head. JURussell Dept. Head: Prosecutor: � Purchasin Budget: BB Executive: !�] %�Zl°8 G l �G/ 4 TITLE OF D UMEN : Whatcom Outside Plant Cable Infrastructure Re -Locate ATTACHMENTS. Contract, Contract Information Sheet, Memo SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Contract for Whatcom Outside Plant Cable Infrastructure Re -Locate — between Whatcom County Health Building and Whatcom County Facilities Building. Contract amount not to exceed ,$75,880.44 including Washington State Sales Tax. Funds provided for this contract in ASR#2007-291, approved in the 2007 budget. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at. www.co.whatcom.wa.us/council. Contract Re -locate Outside Plant Cabling V 1.0 83 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 TO: Pete Kremen, County Executive Whatcom County Council FROM: Dewey Desler, Deputy Administrato�A.L.,^1 DATE: August 15, 2008 Pete Kremen County Executive Dewey Desler Deputy Administrator RE: Contract — Whatcom Outside Plant Cable Infrastructure Relocate Enclosed for your review and signature are two (2) originals of the Agreement between Whatcom County and Sasco for the purpose of the fiber cable relocation that must be done prior to the 401 Grand Avenue property demolition. Background and Purpose Prior to demolishing the 401 Grand Avenue building the fiber optic and copper cabling that runs through the building must be relocated. There will be new fiber and copper cabling pulled from the Courthouse, through the Facilities building and in to the Health building. Existing conduit pathways are to be utilized. This project has been reviewed and supported through our telecommunications division and is a key component in the demolition costs as well as the success of the project. ■ Funding Amount and Source Funding amount will notexceed $75,880.00 including WSST. Funding was provided in the 2007 budget through ASR 2007-291 in the amount of $297,000.00. This funding allocation was re -appropriated in the 2008 budget for the costs incurred with the demolition of the 401 Grand Avenue structure. ■ Differences from Previous Contract This project is a one-time agreement. Please contact Dewey Desler at extension 50120, if you have any questions or concerns regarding the terms of this agreement. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 84 WHATCOM COUNTY CONTRACT INFORMATIONSHEET AS -Facilities Contact Person: Michael Russell, Facilities Manager Contractor's Name: Sasco Data Systems Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes x No Yes No X If an Amendment, previous number(s): Is this a renewal? Yes T No x Whatcom County Contract No. a00�090lq 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 $ 75,880.00 incl. WSST memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount. $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 contract is to relocate the outside plant -cabling infrastructure from Health Building to the Facilities Building and the Courthouse in Bellingham, Washington. Nature of Contract Amt. ( Check one) Fixed Amount ' Not to Exceed _x Open Ended _ Term of Contract. • Expiration Date: 90 daysftom notice to proceed Renewal Option Yes No Last Renewal Expires: Special Dates or clauses that require calendaring. 1. Prepared by. AS Faciliti&DAN115axgzl 2. Finance reviewed: 1901_ 3. Attorney reviewed: j-- 4. Corrections made: 5. Attorney signoff.• ' 6. Contractor signed.--.--_: 7. Submitted to Exec Office 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed: 11. Contractor Original Returned to dept, 12. County Original to Council Date 0 V . M, Date 8 2 D _ Date [electronic] Date [electronic] hard copy printed Date Date 9-12 eY Date--? - 1-2 -ak [summary via electronic; hardcopies] Date Date Date Date Date thisform may need to expand to more than one page Contract Re -locate Outside Plant Cabling V 1.0 85 Whatcorn County Contract No. a00F'0 90/y CONTRACT DOCUMENT Sasco Outside Plant Cable Infrastructure Re -Locate Sasco hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9-11 Exhibit B (Compensation), pp.12 Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence ten days following the issuance of Notice to Proceed, and subject to authorized adjustments, and shall, unless terminated or renewed as elsewhere provided in the Agreement, shall be substantially complete 90 days following issuance of the Notice to Proceed. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed seventy-five thousand eight hundred eighty dollars and zero cents ($75,880.00) including WSST. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. The general purpose or objective of this Agreement is to: provide services to re -locate the outside plant -cabling infrastructure between the Health Building, Facilities Building and the Courthouse as more fully and definitively described in Exhibit A. The language of Exhibit A controls in case of any conflict between it and that provided here. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this A+ day of CONTRACTOR: Sash Roy He11a,-President STATE OF WASHINGTON ) ss. COUNTY OF On this a of 200 before me personally appeared CAMy p y pp e,eee to me known to be the Frejeet-hlarteger and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. � � •R E� �•�1wy NOTAR UBLIC in and for a State Washington, residing at Mycommission expires IF T. Poop Contract Re -locate Outside Plant Cabling Page 3 v 1.0 0 WHATCOM COUNTY: Approved as to form: Prosecuting Attorn l at ' (C� Approved: Accepted for Whatcom County: By: - Pete Kremen, Whatcom County Executive STATE OF WASHINGTON } j ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing (hereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Sasoo Address: 16650 Woodinville -Redmond Road Woodinville WA 98072 Mailing Address: 16650 Woodinville -Redmond Road Woodinville, WA 98072 Contact Name: Evert Magnuson, Project Manager Contact Phone - (425) 806.8400 Contact FAX: (425) 806-9797 Contract Re -locate Outside Plant Cabling Page v 1.0 GENERAL CONDITIONS Series 00.09: Provisions Related to Scope and Nature of Services 0.1. Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in, the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be fumished by the County, unless otherwise provided for in the Agreement. Series f0.19. Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing prior to the commencement or continuation of work. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate. the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and al damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for toss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29. Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit'S." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B.' Contract Re -locate Outside Plant Cabling Page's v 1.0 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any; and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold Ulte. The County is exempt from Federal Excise Tax. 22.1 Withholcting Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and In no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid -or incurred from amounts due or to become due the Contractor: In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with DisabillUes Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30.39: Provisions Related to Administration of Agreement 30.1 Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits .including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/shefit maintains a separate Mace of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assi_ nment and Subcontraclino: A Subcontractor or an Agent to the Subcontractor will not be permitted to perform any work under the contract until a Request to Sublet Work (Form 421-012) and a Statement of Intent to Pay Prevailing Wages (Form 4217022) documents have been completed and submitted to the Facilities Manager. Contract Re -locate Outside Plant Cabling Page 4 v 1.0 89 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copydght Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1. Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three .(3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured is required. Contractor must submit certificate of insurance as described above to the County prior to the commencement of any work on this project. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Tine 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, inducting, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such Injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the. County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: the County's policy Is to provide equal opportunity In all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the Contract Re -locate Outside Plant Cabling Page 5 vto a grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising,. hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all.qualified applicants will receive consideration for employment without regard to race, color religion, sex, sexual orientation or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Wgiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with .sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Michael Russell, Facilities Manager, Whatcom County AS -Facilities Management, 316 Lottie Street, Bellingham, WA 96225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information' section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40.49: Provisions Related to Interpretation ofAgreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding by both parties, shall be in writing and signed by both of the parties prior to the implementation of the modifications. 40.2 Contractor Commitments. Warranties and R rg_esentations: Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor Noble for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties of not less than one year. Contract Re -locate Outside Plant Cabling Page U v 1.0 91 Contractor agrees to provide a warranty for all workmanship, materials, and equipment for a period of not less than one year. If a manufacturer warrants materials and/or equipment for a time greater than one year, all warranties will remain in effect for the duration as specified by the manufacturer. 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatoom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1,11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract Re -locate Outside Plant Cabling Page 7 v 1.0 92 EXHIBIT "A" (SCOPE OF WORK) Comgosite Fiber Project — Annex to Central Shoo Specifications of Project: Contractor will refer to Proposal Letter PQ3 08.007 R2 Documents for a full description of work on this project. Execution of Contract: Contractor must furnish a contract and performance bond set forth in these documents, and shall be done in a manner satisfactory to the County prior to the commencement of any work on this project. Contractor is required to submit a list to the AS -Facilities office of all subcontractors performing work on this project, completed Statement of Intent to Pay Prevailing Wage for the Primary and all Subcontractors, Performance Bond, Insurance Certificate, Relainage Option Investment Form, Escrow Agreement (if applicable), and all applicable Material Safety Data Sheets (MSDS) for materials to be utilized for this project. Hours of Work: All work shall be performed Monday through Friday beginning at 7:30 AM to 5:00 PM. Any work to be performed outside those days and times must be authorized by the Facilities Manager. Schedule of Work: Work shall commence once the contractor has obtained the proper permits, completed and submitted to the AS -Facilities office Statement of Intent to Pay Prevailing Wage for the Primary and all Subcontractors, Performance Bond, Insurance Certificate, Retainage Option Investment Form, Escrow Agreement (if applicable), and all applicable Material Safety Data Sheets for materials to be utilized for this project. Subcontracting: A Subcontractor or an Agent to the Subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Facilities Manager, 1. Request to Sublet Work (Form 421-012) 2. Statement of Intent to Pay Prevailing Wages (Form 421-022) The Contractor's records pertaining to the requirements of this special provision shall be open to inspection or audit by representatives of the Department during the life of the contract and for a period of not less than three years after the date of acceptance of the contract The contractor shall retain these records for that period. The Contractor shall also guarantee that the records of all Subcontractors and Agents shall be open to similar inspection or audit for the same period. Clean UP: The Contractor shall at all times keep the site of work free of any accumulation of waste material or rubbish caused by his employees or by his operations in, the performance of the work. At the completion of the work, the Contractor shall remove all rubbish from and about the site of work, and shall leave the work, and Its Immediate vicinity, "room clean" or equivalent unless otherwise specified. All costs incurred by the Contractor In complying with the requirements of this section shall be considered part of the contract bid items and no additional compensation will be allowed. Contract Re -locate Outside Plant Cabling Page ,O v 1.0 93 0 SASCO 16650 Woodinville-RedinuM Road Woodinville, 14.E 98072 425-8064400 Wtxmc) 425-806-9797 (Fax) Carol Rofkar Whatcom County Administrative Services 311 Grarid Ave, Suite B-06 Bellingham, WA. 98225 Re: Whatcom Outside Plant Cable Infrastructure Re -Locate Dear Carol: 7129/08 Proposal Letter PQ3 08-007 R2 Thank you for allowing SASCO Data Systems to provide a quotation to re -locate the outside plant -cabling infrastructure between the Health Building and the Facilities building in Bellingham, WA. Scope of Work: OSP Cable Infrastructure Re -Locate — Option t'#4: 12/12 Composite Fiber & 200 Pair Copper. O Provide and install (1) composite fiber cable & (1) 200 pair copper cable from health building to the facilities building and the eounhouse. ✓ Composite cable shall contain (1) 12-strand single -mode TeraSpeed fiber, and (1) 12-strand multi -mode LazerSpeed fiber_ ✓ Copper cable shall be a Scalpic RDUP PE-39 rated, 24 A WG, aluminum shielded, filled cable. O Termination of fiber & copper cables at the health, facilities buildings, and the courthouse. ✓ Termination of single -mode fiber shall utilize Systimax P6001A-Z-125 "SC" Connectors. ✓ Termination of multi -mode fiber shall utilize Systimax P6201A-Z-125 "SC" Connectors. Install Systimax 60OG2 (1 RU) rack mount fiber enclosure and associated duel "SC fiber panels in each building. ✓ Each fiber port shall be labeled in accordance with the Whatcom County Standards. ✓ OSP Copper cable shall terminate in IDF Systimax 100 pr 489 building entrance terminals ✓ Building entrance terminals shall be loaded with Systimax 4CIS building entrance protector modules. Modules are balanced solid state with heat coils, which provide. fast response, tight breakdown voltage (higher level of protection) and a longer life threshold. r Building cable shall be installed from BEP terminals. to back board and terminated on 110-300 pair blocks. 0 Pre -test fiber reel prior to installation Q Post-test installed fiber after installation. 0 Continuity test 200 pr. copper O Fiber & copper cable shall be installed in existing underground conduit pathways and hand holes between the health and facilities buildings, which have been made available to Sasco. D Labor rates reflect fiber cable installation to be completed on overtime rates. Q Installation to meet Whatcom Counly & Systimax installation standards o Installation to meet City- of Bellingham local codes. The material lead time, for the IV12 OSP composite fiber cable, is currently 6 to 8 weeks. For this reason Sawa has broke oat the Fiber cattle pricing from the project pricing. If Whatcom Co. so ebooses Sasco will order fiber separate from project, so this does not hold up the construction schedule. 0 Due to material pricing iluctuatioas in the copper market Sasco cannot guarantee pricing for 200 pr. OSP cable for more than 30 Dasx. For this reason Sasco has broken out the copper cable pricing from project pricing. If Whatcom Co. so chooses Sasco 'Siff order copper cable separate from project to preservc quoted pricing. Pro'ect Ex t' n- Q Provide daily cleanup and maintain treat and clean working area. All trash removal is the responsibility of SASCO. Q Work hour deviations, if any, shall be coordinated with Whatcom County Representative. Q Provide all required permitting for newly installed work. MSCO Dara Srstems Confidenthd.R Proly ietam Ararerials. 'Woodimille, W4 Cl All RirAce Rtsen-ed. M Warranty- ❑ Provide warranty upon completion. Cat des & Standards- ❑ Applicable TIA/EIA standards; national, state and local codes: as well as BICS[ standards for installation and workmanship witl be adhered to. These include but are not limited to: ✓ TIA/E[A 568A & B Communications Cabling standard ✓. TIA/EIA 569 Communications Cable Pathways and Spaces Standard ✓ TIA/E[A 606 Communications Cable Administration Standard ✓ TIA/E[A 607 Communication Equipment Grounding and Bonding Standard NEC 800 series articles regarding Communications Cabling ✓ NFPA Standards for plenum cable and Fire stopping wall penetrations BICSI Workmanship Standard for Communications Cable Plant installations Pro*"" Pridnz7 12/12 Composite Fiber & 200 Pair Copper.: for and Materials: S7Q 000 00 Sub-Totxl: $79,000.00 *%VA State 7'ax: 55,880.00 0 Priciag below is for the Fiber & Copper Cable only. If either or both are purchased separately costs would be deducted from the project pricing above. Fiber cable Prig[ns 113,375.00 *OVA State Tax: $1.123.50 Conner cable Priein¢ S19.825 00 *WA State Tax: $1,665.30 EXC�usions- O Providing and!or installing any required concrete cores, poke -through cutouts in raised floors or Floor boxes. 0 Provision of conduit stubs O Providing and mounting any required plywood backboards, O .Performing the programming of extensiotts for the switch for telephones or perfornung The placement and detailing of each of these telephones. t] Line cords for the telephones. 13 Providing and/or installing fire -stopping products other than those used to seal conduit sleeves or a cable tray path used by SASCO. 0 Providing and/or installing any active hardware. ❑ Providing and/or installing any underground conduit pathways, or overhead pathways. U Obtaining any required rights of way from authority having jurisdiction. ❑ Traffic control S:•ISCO[MtnSrsienrs (:�,Jidenrr�lcf Prupriernn'.4lmcrirrls. All Rielas Reserved. 95 Assumptions ❑ SASCO shall use exlsfing pathways to route cable in buildings. D SASCO shall provide pernitling for cabling portion of the work. ❑ SASCO personnel will be provided continuous access to areas where work is to be performed for the duration of the installation period. ❑ Sisco will provide necessary man hole safety equipment and take reasonable steps to limit public access to work areas. ❑ If required, the customer will provide all installation.personnel with access badges, keys, and/or escorts in order to perform the work in a timety and cost effective manner. ❑ The customer will provide an adequate area for on -sire storage of tools, equipment, and some materials, specifically a job box. ❑ Others will perform the installation/placement of network electronics. ❑ Any conduit provided by others will be installed in accordance with the NEC and will be free of defects and/or obstructions. ❑ Work to be completed is limited to the above Scope of Work. ❑ This is a T&X11 NOT TO EXCEED proposal. Billing will reflect actual material and labor costs associated with tine completion of the Scope of %York referenced above. ❑ Installation will be performed during "Off Hours', nights or weekends. ❑ SASCO will require Change Orders, signed by authorized customer personnel for work requests that fall outside of the original and agreed upon Scope of Work. SASCO will require the Change Orders to be signed by authorized customer personnel before the additional work can be perfommed. ❑ Standard payment terms are NET30. ❑ Pricing is valid for 30 days from date of proposal ❑ Confidential Information: This bid information is confidential and proprietary, for use only by Whatcorn County. Thank you once again for this opportunity and we look forward to working with you in the future on the implementation of this project. Should you have any questions or comments, please feel free to contact me directly (425-949-4208). Respectfully, Evert Magnuson SASCO V.SVfDulaCmrJiJerliinl Prnpn+ar.tlawrials. WaadWitle. " All Ri¢htr ltercned. EXHIBIT " B" (COMPENSATION) The total contract amount shall not exceed dollars, ($75,880.00) including Washington State Sales Tax. The Contract Number, set forth, shall be included on all billings or correspondence in connection therewith. Contractor may bill the County progressively not more than once per month, Progressive billings will be for the amount of work completed. Contractor must submit to the Facilities Manager a completed Retainage Option Investment Form prior to submitting first invoice for payment. Contractor may bill the County upon completion of the project in its entirety for the full contract amount. Retainage will be administered in accordance with RCW 60.28.010, as amended, and in accordance with the "Retainage Option Investment Option' form. Contractor must submit a Payment Form, to be provided by Whatcom County facilities management, as an invoice for payment in addition to contractor's own invoice for payment. In either case of billing, the amount tilled must reflect 5% withholding for retainage. Contract Re -locate Outside Plant Cabling Page 1 Z v 1.0 97 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-337 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Twh 9/I2/08 p � � ((�' � \J �J SEP 1.6 2008 WHA COM COUNTYPurchasing/Bud COUNCIL 1 9123108 COTW/Council Division Head: Dept. Head: Prosecutor: �� et: ! r Executive: TITLE OFDOCUMENT: Resolution for the demolition of structure located at 401 Grand Avenue ATTACHMENTS: Background memo and Resolution SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: Resolution authorizing the demolition of a structure located at 401 Grand Avenue. COMMITTEEACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. SPONSORED BY: County Executive PROPOSED BY: Director of Administrative Services INTRODUCTION DATE: September 9, 2008 RESOLUTION NO. A RESOLUTION of the County Council of Whatcom County, Washington, authorizing the demolition of the vacant structure located at 401 Grand Avenue. This demolition is the outcome of exploring many alternatives to the appropriate use of this structure. WHEREAS, the Whatcom County Code 1.10.395 requires that all County Department Heads shall notify the Director of Administrative Services of county -owned structures deemed to be worthless; and WHEREAS, following a request from Facilities Management, the Director of Administrative Services considered all relevant options including: 1. County considered restoration and upgrades compliant with ADA regulations and found them to be cost prohibitive. 2. County was able to salvage some materials out of the building by using the jail crew to remove materials for the ReStore. 3. A reconstruction price of $325/sgft for repairing the facility would be higher than building a new structure if the County chose to do so. WHEREAS, the structure has been used as a storage facility for the Facilities, Finance and Jail; and WHEREAS, the County Executive concurs with the determination of the Administrative Services Director and is seeking the approval of the Whatcom County Council; and WHEREAS, the County would like to dispose of the structure before it becomes a hazard to the public; and WHEREAS, the County will utilize the Jail Work Crew to salvage materials that can be recycled and reused prior to destruction; and WHEREAS, the County will gain the property and leave the option open for building a new facility on the site; and WHEREAS, the County anticipates the total cost of the destruction to be no more than $297,000. This will be paid from the Facilities budget as approved in ASR 2007-291; Page 1 0 NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, as follows: The County Council; pursuant to Whatcom County Code 1.10.395 titled Worthless county - owned structures, authorizes the destruction of the structure located at 401 Grand Avenue. ADOPTED by the County Council of Whatcom County, Washington, this 9th day of September, 2008. ATTEST. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Pro for Page 2 100 WHATCOM COUNTY Administrative Services Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 Ddesler@co.whatcom.wa.us TO: Pete Kremen, County Executive County Council FROM: Dewey Desler, Deputy Administrate \ DATE: August 12, 2008 RE: 401 Grand Avenue — Demolition Request DEWEY G. DESLER Director Background: The structure at 401 Grand is in derelict condition. As a result it would be financially prohibitive to bring the structure up to serviceable condition. The roof requires replacement, the internal space requires complete demolition and the floor require leveling at the street Ievel..The basement of the structure has an incomplete and unlevel concrete floor. To create usable and acceptable space the entire foundation would need to be redone as well as a full modification of the interior. In addition, there is significant damage to the exterior walls. The building was vacated approximately two years ago and is currently used as an unheated storage area for Facilities, Finance and the Jail. Options Explored: 1. Refurbish This option was explored and quickly dismissed as the. initial costs proved to be prohibitive at $325/square foot to bring up to acceptable condition. 2. Recycle/Demolish Because the structure is housing supplies for three different departments we met with each of those departments to determine where to relocate the supplies. Items determined to be of value to the County were moved to another facility to be used or auctioned off. All items were tagged and accounted for. Those items slated for disposal have been left in the building to be disposed of at a later date. We will be working with the jail crew to recycle material from the building. 101 Steps Taken: a. County staff have completed the necessary hazardous materials abatement of the structure (this is required for either demolition or remodel). b. Contract for county/city fiber optic cable relocation is ready to execute upon approval. c. Contract for demolition is ready to execute upon approval. Conclusion: This is a prime piece of downtown real estate. The location on the river is an asset to the County if and when they choose to develop it. In its current state it is more of a liability than an asset. We recommend removing the building, filling in the area between the lower lot and the sidewalk with sloped landscaping and adding a guard rail at the street level. This will allow the County to gain a few parking spots in the lower lot. It will also remove the liability of a structure that is unfit and a potential hazard. It will also allow the County time to develop a long term strategic plan for use of the site. We have budgeted in ASR 2007-291 for $297,000. The costs associated with the demolition of this building are not expected to exceed that budgeted number. 102 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-338 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: DGD 9115108 9/23108 COTW/Counnil Ori inator: Division Head. " SEP 1: 6 2008 WHATCOM COUNTY COUNCIL Dept Head: Prosecutor: Purchasin lBudg : 4A of Executive: /-- TITLE OF D MEN : REQUkSTAUTHORIZATION FOR THE EXECUTIVE TO RENEW INSURANCE FOR THE WHATCOM CHIEF F RRY FOR POLICY YEAR 913012008 THROUGH 913012009 IN THE AMOUNT OF $35,545. ATTACHMENTS: Letter and Insurance proposal/premium comparison from Barry Hanson, Unity Group SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide.the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) REQUEST AUTHORIZATION FOR THE EXECUTIVE TO RENEW INSURANCE FOR THE WHATCOM CHIEF FERRY FOR POLICY YEAR 9/3012008THROUGH 913012009 IN THE AMOUNT OF $35,545. COMMITTEE ACTION: COUNCILACTION. 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 103 September 4, 2008 Dewey G.. Desler, Deputy. Administrator Randy. Watts,. Chief. Civil. Deputy Whatcom County Prosecuting Attorney Whatcom County Courthouse Bellingham, WA 98225 RE: Whatcom County Ferry Insurance. Renewal Dear Dewey. and Randy: SEP 9 -- 2008 PETE KREIVIEKI COUNTY EXECUTIVE The insurance coverage on the "Whatcom Chief' is scheduled to renew. on September 30, 2008. Based. on our survey of the market place. our recommendation for the 2008.-. 2009 renewal is. to continue. to. place. the. Primary Coverage with MOAC and Excess. Protection & Indemnity. with Northern. Assurance,. as they have offered a. total renewal premium of $34,545. This. represents. increase in. premium over last year's renewal. by $444. The premium is. made up. of $8,370 for the. Hull & Machinery,. $19,525 for the. Protection & Indemnity and. $6,650 (which includes a 250 policy fee) for the. Excess. Protection & Indemnity. . The renewal policy provides. Hull and. Machinery coverage limit of $930,000,. Protection and Indemnity coverage limit of $1,000,000, and Excess Protection and. Indemnityy limit of $4,000,000. The deductible for the. Protection & Indemnity coverage. has, increased from $5,000. to $10,000).. The. MOAC. and. Northern Assurancepolicies. have the option. to. provide. Terrorism coverage for a total additional. premium of $1,157... If you. should. have. any questions, or require. any additional information, please call.. BesRegards. 2�E. a son Enclosure. MAILING ADDRESS PO Box X, Bellingham, WA 98227-1583 BELLINGHAM LOCATION 110 Unity Street, Bellingham, WA 98225 PHONE (360) 647-9000 TOLL FREE (800) 339-9270 FAX (360) 734-8496 EVERETT LOCATION 1010 SE Everett Mall Way, Ste. 206, Everett, WA 98208 PHONE (425) 259-0002 TOLL FREE (800) 339-9270 FAX (425) 259-0006 V c N Q O E E IL c� N O Q. O IL N V i N C O 0 O N O M 0) O O o 0 O N O M O 0 C � d C C c 0 ca C O ++ 0 CLC N � N _ N t v a x cc W M r obi O 0 w =m U � a= OO W V O Z Efl cc LO 6s 69- 0). W U. U. 93 N 0 In 6FJ Re 02 4t} rEf} Ef? Mid N a w e p r 00 r eo rn �2 LN C Wco co M N O CL CD O C _U O o o_ ca = o '3 O 0 co E 0o > m� o O �o CM i N r 0) = v- C •c c O 7 Y C G� UO o d +' N U o a o a a .o (D fl d Ch 0 co a co o c o c•c/off 0o o f O w0 Q Co —C3 h E T +4'I C) "= O r 0�a3: 0 0- Co -0-0 a)-0N 0 �_ O 75 O E '- CD F O N O aU >v) cL -0 a)ao Z oQ C)N� O).= O C)0 0 >p0 � C Z N p i L �� O O Q CL ZO .Q U °Zi > � O U co M W 0) Z C .� >- cis o a) cn N o a o 0 = Q (D — a) _O c 0 a_' ~ N O) Z � co O) �. to C (o 'C 5� a"C... a Z 0 y� 0 •E O G a= ao o o 0 o as �p Oo Ta coi F-o ccoo CD W a a o� °�O O�•O O O J C U O W 0�� O N U U NO O J W Q :) 3 CCr�r�55 X6400 p x a W i- 105 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2008-333 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: G�l 4 9-26-08 COTW/COuncil Paula J. Cooper If � Division Head: % L � /C Jon Hutchins "�%! / 1 SEP 1, 6 2008 Dept. Head: �G8 Frank M.Abart VVHATVOM COUNTY Prosecutor: COUNCIL CIL Dan Gibson Purchasin /B et: n�/ h V l l b Executive: y /�/ i 4 !J TITLE OF D CUMENT.- Joint Funding Agreement with United States Geological Survey ATTACHMENTS: Memorandum SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's six stream gages within the early flood warning system. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing resolutions. on the Coun www.co.whatcom.waus/counciL website at. wwco.whatcom.wa.us/council 106 WHATCOM COUNTY M c0G RIVER AND FLOOD ti 322 N. Commercial Street, Suite 120 PUBLIC WORKS DEPARTMENT 3� Bellingham, WA 98225 FRANK M. ABART Phone: (360) 676-6876, (360) 398-1310 Director Fax: (360) 738-2468 9SHtNG=< ., .�� www.whatcomcounty.us S F P ,_ I �.i 108 MEMORANDUM I P'ETE KPIEMEN COUNT'( EXECUTIVE TO: The Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flood Manager 4/ RE: Early Flood Warning System - Joint Funding Agreement with USGS DATE: September 11, 2008 Enclosed are two (2) originals of a Joint Funding Agreement between the Whatcom County Flood Control Zone District (FCZD) and the United States Geological Survey (USGS) for your review and signature. Requested Action Public Works respectfully requests that the County Executive, acting on behalf of the FCZD Board of Supervisors, enter into a Joint Funding Agreement in the amount of $70,290 with the USGS for annual operation and maintenance (O&M) of the County's stream gage network. Background and Purpose The FCZD has worked cooperatively with the USGS for a number of years to collect stream gaging data. Stream flow and river stage data are provided on a real-time basis as part of the early warning system, and the historical data are maintained by the USGS for a variety of uses by various agencies. The system includes six gaging stations located throughout the Nooksack River system, as specified in the agreement. Please note that the South Fork gage at Wickersham is being discontinued and replaced by the new gage at the Saxon bridge. Financing of this program is provided on a cost -share basis through the USGS Cooperative Program. Funding Amount and Source The proposed agreement is for a total amount of $70,290, of which $57,130 will be the FCZD share and $13,160 will be funded by the USGS. As in the past, the City of Bellingham, and the Department of Ecology have provided funding for portions of the annual costs for some of the gages. These cost shares are not included in this agreement as they are addressed in separate agreements between the USGS and those entities. The source of funding for this agreement is the FCZD Fund. Differences from Previous Contract The cost of similar services provided last year was $74,750 with a FCZD share of $61,710. The cost decrease is due to discontinuation of the Wickersham gage. Last year, we operated both the Wickersham and Saxon gages on the South Fork to provide a transition period before switching over to the new gage. The rating for the new gage at Saxon appears to be more stable than the old site. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. I:\FLOOD\110 - Early Flood Warning Program\USGS\2009 O&M JFA\2009 JFA Memo Annual M&O.doc 107 Whatcom County Contract No. a 0 0 f10 % 0 I Z INFORMATION SHEETCONTRACT Ori inatin Department: Public Works - River and Flood Contact Person: Paula Cooper Contractor's Name: f US Geological Survey Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No Yes No If an Amendment, previous number(s): Is this a renewal? Yes No X Contract Amount: (sum of original contract If a Professional Services Agreement is more than $15, 000 or a Bid is more than amt and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting Total project $70 290: FCZD Share: $57,130 memo. Any amendment that provides either a 10% increase inamount or more than $10, 000, whichever is greater, must also go to Council and will need an This Amendment Amount: $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Contract Amount: Executive with supporting memo for approval. $ . 70,290 Scope of Services Operation and maintenance of stream gages within Whatcom County early flood warning network Nature of Contract Amt: (Check one) Fixed Amount _X_ Not to Exceed _ Open Ended _ Term of Contract: Expiration Date: September 30, 2009 Renewal Option Yes _ No X_ Last Renewal Expires: Special Dates or clauses that require calendaring: 1. Prepared by: 2. Attorney revi 3. AS -Finance reviewed:j�o 4. Corrections made. 5. Attorney signoff.- 6. Contractor signed: 7. Submitted to Exec Office v 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed. 11. Contractor Original Returned to dept; 12. County Original to Council Date _9j 0 1- Date -J9 // Off [electronic] Date o9 li d8 Date electronic] hard copy printed Date Liqlarar Date Date -1Z-0� [summary via electronic, hardcopies] Date Date Date Date Date NAL . GI Form 9-1366 U.S. Department of the Interior (Oct. 2005) U.S.. Geological Survey Joint Funding Agreement a WHA€ _0 3 � Customer : WA088 Agreement #: 09W4WA04200 Project #: 97229EU TIN #: 916001383 Fixed Cost 17 F Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1ST day of OCTOBER, 2008, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the 9&w4y=a4 Whatcom, CoLunf`f Fleo,(W+Yol 'Zmte, pt3hric f(FQO�arty of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for the continued operation and maintenance of the Whatcom County-USGS Early Flood Warning stream gaging network as detailed in Exhibit A which is considered a part of this agreement, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services, in the amount of $ N/A. 3. 4. 5. 6. 7. 8: by the party of the first part during the period (a) $13,160 OCTOBER 1, 2008 to SEPTEMBER 30, 2009 by the party of the second part during the period (b) '$57,130 OCTOBER 1, 2008 to SEPTEMBER 30, 2009 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. The areas to be included in the program shall be determined by mutual. agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 109 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Bob Kimbrough Address: USGS WAWSC 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1608 Email: rakimbro(a-)-usgs.gov Signatures Name of Customer Whatcom County F1006 (b0ty- t -1-a vle bistyld Customer Point of Contact Name: Pau i a cc�op—P-V . Address: 1) , GOtM ✓►1 �rGt ci-1 , Sty i� l 2� 5e(t►vu)Oa.vvi , WA q�22S Telephone: 76GO-(o-7fo -- fa S-76 Email: FC.00?evG G.a, (, tq a j-&O Yr . Loa. , L S Signatures By `W _far Date % �d o 8� By S�t� �3. a e Ul e'A Date Name: Cynthia Barton, Ph.D., L.G., L.H.G. Title: Center Director, USGS Washington Water Science Center By Date Name: Title: By Date. Name: Title: Name: Title: By_ Date Name: Title: By_ Date Name: Title: 110 WHATCOM COUNTY: Recommended for Approval: Frank M. Abart, Pu lic Works Director Date Approved as to (form: 1 Daniel Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom Countyt lwit (?crfiml �i, ri�f By: Pete Kremen, Whatcom County Executive Cllcr.i r, �lo�aC_�frvl �P D; rI'ri'c� Pvticivd ��� �"1"'' yiy�'� STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of 20 , before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 111 EXHIBIT A Agreement 09W4WA04200 Whatcom County/USGS Nooksack Basin Gaging -Station Network October 1, 2008' to September 30, 2009 Whatcom County USGS Total i=CID USGS Station, No. 12205000 N.F. Nooksack Riverbelow Cascade Creek near Glacier Gaging: Station Operation and maintenance (daily discharge) $7,300 $6,580 .$13,88b . Real-time data (basic service) $2,490 $Q $2,490 Real-time data (priority service) 780 LQ 780 Subtotal $10,570 $6,580 $17,150 USGS Station No..12208000 M.F. Nooksack River. near Deming Gaging Station Operation and maintenance (Funded by City of Bellingham) $0 $0 $0 Real-time.data (basic service) $2,490 $0 $2,490 Real-time data (priority service) $780. L0 780 Subtotal $3,270 $0 $3,270 USGS. Station No.12209000 Station Will Be Discontinued. On October 1, 2008 S:F: Nooksack'River near Wickersham Gaging Station Operation and maintenance (daily discharge) $0 : $0 .$0 Real-time data (basic service) $0 $0. $0. Real-time data (priority Service): $0 $0 L Subtotal $0 $0 $0 USGS Station No..12210000 S.F. Nooksack River atSaxon: Bridge Gaging Station Operation and maintenance I (daily discharge) $7,300 $6,580 $13,880 Real-time data (basic service) $.2,490 $0 $2,490 Real-time data:(priority. service) , 7�80 $0 78.0 Subtotal $10,570 $6,580 $17,150 USGS Station No. 12210700 Nooksack River at Cedarville Gaging. Station Operation and maintenance (daily.diischarge, : funded 6 months by Ecology and USGS) $6,940 $0 $6;940 Real=time data (basic service) $2,490 .$0 $2490 Real-time data (priority service) $780 $0 $780 Climate .Data (unpublished. precipitation and air temp) $2,080, $0 $2,080 Subtotal. $12,290 $0 $1:2,290 112 . EXHIBIT A Agreement 09W4WA04200 Whatcom CountyjUSGS Nooksack Basin Gaging Station Network October 1, 2008 to September 30, 2009 Whatcom County USES Total FCC USGS Station No. 12211200 Nooksack River at Everson Gaging Station Operation and maintenance (October 15 to April 1, unpublished. stage) $1,250 $0. $1,250 Rating Development $2,780 $0 $2,780 'Real-time data (basic service) $1.,350 $0 $1,350 Real-time data (priority service) $390, L 390 Subtotal $6,770 $0 $5,770 USGS Station No.12213100 Nooksack River.near Ferndale Gaging Station Operation and maintenance (daily discharge) Real-time data (basic service, $13,8810 $0 $13,88.0 funded by Ecology and USGS) $0 $0. $0 Real-time data (priority service) 780 $0 780 Subtotal $14,660 $0 $14,660 TOTAL $57,130 $13,160: $70,290 113 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-336 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator r �' J Q� 9/26/08 �OTW/CounCi Paula Cooper p ED � C E 0 V 1E D Division Head: // Jon Hutchins SEP 11 6 2008 Dept. Head: FrankAbart q / / aI �g Prosecutor: Dan Gibson 09110108 FfMil fl��o��y nn COUNTY Purchasing/Budget: bb 9111108 Brad Bennett COUNCIL Executive: p A / D p Pete Kremenze�� T TITLE OPbOCUMENT. Centennial Clean Water Program and Federal Clean Water Act Section 319 Nonpoint Source Fund Agreement (Grant No. G0900040) between the State of Washington Department of Ecology and Whatcom County Public Works care of the Whatcom County Flood Control Zone District (FCZD). ATTACHMENTS: 1. Cover Memorandum SEPA review required?_ ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) SEPA review completed? ( ) Yes ( ) NO 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 proposed grant agreement provides for reimbursement of 75% of the FCZD's costs for continuing implementation of a low cost riparian restoration program utilizing labor from Whatcom County Alternative Corrections crews. The grant scope includes implementation and maintenance of new riparian restoration projects for FCZD and Drainage Improvement District (DID) Projects. 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. 114 WHATCOM COUNTY C,0 ca Frank M. Abart PUBLIC WORKS DEPT. sP� °tip Director 322 N. Commercial Street 3 �e Bellingham, WA 98225 ' RECEN 9SH I N G� SEP 12 2008 MEMORANDUM PETE KREMEN COUNTY EXECUTIVF- TO: The Whatcom County Flood Control Zone District Board of Supervisors FROM: Paula Cooper, River and Flood Division Manager 1V THROUGH: Frank M. Abart, Public Works Director ?7le9l, a.�Q� RE: Riparian Revegetation Program Department of Ecology. Grant Agreement (No. G0900040) DATE: September 11, 2008 Enclosed are three (3) originals of a proposed Centennial Clean Water Act Section 319 Nonpoint Source Fund Grant Agreement grant agreement with the Washington Department of Ecology (DOE) for your review and signature. Requested Action Public Works respectfully requests that the County Executive, acting on behalf of the Flood Control Zone District (FCZD) Board of Supervisors enter into a grant agreement for the sum of $666,667 with Washington State Department of Ecology for the implementation and maintenance of new riparian restoration projects for the FCZD and Drainage Improvement District (DID) projects. Background and Purpose In 2000, the River and Flood Division initiated a riparian revegetation program to address permit conditions associated with projects performed by the FCZD and DID's. The program includes the following: Two Whatcom County Alternative Corrections Crews (one crew is funded under this grant) Coordination and planning of projects and crews provided by the Whatcom Conservation District (WCD) Plant materials and supplies Over the past eight years, approximately 50 miles of channel have been revegetated and maintained. The program has greatly improved the quality of revegetation projects, and provides for ongoing monitoring and maintenance of projects until the plants are established, typically a period of two to three years. In addition to complying with permit requirements, the program is reducing the.need for future drainage ditch maintenance, reducing disturbances and improving fish habitat. As the new vegetation becomes established and develops a canopy, the increased shading will inhibit the growth of reed 115 canary grass and lower stream temperatures. Growth of vegetation within drainage ditches is the most common cause for maintenance to restore channel capacity. This grant will enable continuation of the program through March 31, 2012. Proposed Agreement and Funding The proposed grant agreement will cover costs associated with one of the Alternative Corrections Crews, coordination by WCD, and plant materials and supplies over a four- year period. The grant cost share is 75% State and 25% local funding, up to a total project cost of $666,667. Based on this cost share, the total reimbursement from the State will be $500,000, and the total FCZD expenditure will be $166,667. Differences from Previous Contract The grant agreement is essentially the same as the previous agreement with the exception of the expiration date. DOE wants a March 31, 2012 expiration date to allow more time for project close out. However, the proposed expiration date can be extended to no later than June 30, 2012 if it is apparent toward the end of the term that more time is needed to finish up projects and to complete all the grant close out materials. Please contact Paula Cooper at x50625 if you have any questions or concerns regarding this agreement. Thank you. 116 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aa0Yo q 0 / 3 Originating Department: Public Works — River and Flood Division Contract Administrator: Paula Cooper Contractor's I Agent Name: Washington Department o Ecolo (DOE) 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) _G0900040 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 and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $ 666, 667 supporting memo. Any amendment that provides either a 10% increase in State Share: amount or more than $10,000, whichever is greater, must also.go to Council $_500, 000 and will need an agenda bill and supporting memo. If less than these FCZD Share: thresholds, just submit to Executive with supporting memo for approval. $ 166,667 Scope of Services The proposed grant agreement provides for reimbursement of 75% of the FCZD's costs for continuing implementation of a low cost riparian restoration program utilizing labor from the Whatcom County Alternative Corrections. The grant scope includes implementation and maintenance of new riparian restoration projects for FCZD and DID Projects. Term of Contract: Expiration Date: March 31, 2012 Contract Routing SteDS & Signoff [sign or initiall findicate date transmitted 1. Prepared by: Travis Bouma Date_91512008 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 09110108 [electronic] 3. AS Finance reviewed: bbennett Date 9111108 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] 6. Attorney signoff.- Daniel L. Gibson Date 09110108 7. Contractor signed. Date 8. Submitted to Exec Office ,/ Date -/�- p `—[summary via 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date. 12. Contractor Original Returned to dept; Date 14. County Original to Council Date hard copy printed electronic; hardcopies] 117 SIGNATURE AUTHORIZATION FORM FOR GRANT/LOAN RECIPIENTS Department of Ecology Water Quality Program PO Box 47600 Olympia, WA 98504-7600 Phone: (360) 407-6600 FAX: (360) 407-7151 Name of Organization Date Submitted W ��i{-cowt f�tt,wlij ftoadCdwhro( �,y►� Project Title Title Agreement Number Re- es�dbl�Shvv►ew� l��%iat� �%t 000+0 AUTHORIZING SIGNATORY Signature Print or Type Title/Term of Office �e Krarn�� Cnu � CxewfN<, ou bA61I of FC-�,P Boavd oFSv- � J a KAA-A,v tj , 2v 12- e v\hscA AUTHORIZED TO SIGN AGREEMENT AMENDMENTS Signature Print or Type Title �-e"( ck FC-?-D 601& �).eV\jty 94?C--1ev- DeVwf-Lj ikd Kt(14Cs AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT Signature Print or Type Title a� C I�au�l� CooP�V- Rw M(inayw IPA, ECY 070-206 (Rev. 01/2006) Ecology is an equal opportunity agency. 1 1 8 ly ORINNAL CONTRACT NO. CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) AND FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND (SECTION 319) GRANT No. G0900040 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT 119 Blank Page 120 Table of Contents PARTI. GENERAL INFORMATION.................................................................................................... 5 PARTII. PROJECT SUMMARY............................................................................................................ 6 PARTIII. PROJECT BUDGET............................................................................................................... 7 PART IV. PROJECT GOALS AND OUTCOMES................................................................................ 8 PARTV. SCOPE OF WORK................................................................................................................... 8 PART VI. ALL WRITINGS CONTAINED HEREIN .......................................................................... 12 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND.........................................................................................1 BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION................................................................... 1 EDUCATIONAND OUTREACH................................................................................................................... 3 FUNDINGRECOGNITION........................................................................................................................... 3 INDIRECTRATE........................................................................................................................................ 3 MATCH..................................................................................................................................................... 3 MATCHINGREQUIREMENTS..................................................................................................................... 4 MINORITY AND WOMEN'S BUSINESS PARTICIPATION.............................................................................. 4 PAYMENTREQUEST SUBMITTALS............................................................................................................ 4 POSTPROJECT ASSESSMENT.................................................................................................................... 5 PROCUREMENT......................................................................................................................................... 5 PROGRESSREPORTS................................................................................................................................. 5 REQUIREDDOCUMENT SUBMITTALS....................................................................................................... 6 SPECIAL CONDITION FOR CENTENNIAL -FUNDED PROJECTS USED TO MATCH SECTION 319-FUNDED PROJECTS.................................................................................................................................................. 7 WATERQUALITY MONITORING............................................................................................................... 7 ATTACHMENT II: ADDITIONAL GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR FEDERAL CLEAN WATER SECTION 319 - FUNDED GRANTS ............................................ 1 SECTION 319 REPORTING REQUIREMENTS................................................................................................ 1 CERTIFICATION REGARDING SUSPENSION & DEBARMENT..................................................................... 1 COMPLIANCE WITH OMB CIRCULARS: .................................................................................................... 1 HOTELAND MOTEL FIRE SAFETY ACT.................................................................................................... 2 SMALL BUSINESS IN RURAL AREAS (SBRAS)......................................................................................... 2 ATTACHMENT III: GENERAL TERMS AND CONDITIONS.......................................................... 1 A. RECIPIENT PERFORMANCE.......................................................................................................... 1 B. SUBGRANTEEXONTRACTOR COMPLIANCE ............................................................................ 1 C. THIRD PARTY BENEFICIARY........................................................................................................ 1 D. CONTRACTING FOR SERVICES (BIDDING)................................................................................ 1 E. ASSIGNMENTS................................................................................................................................. 1 F. COMPLIANCE WITH ALL LAWS.................................................................................................... 1 G. KICKBACKS...................................................................................................................................... 2 H. AUDITS AND INSPECTIONS........................................................................................................... 2 I. PERFORMANCE REPORTING.................................................................................................I......... 2 J. COMPENSATION............................................................................................................................... 3 121 K. TERMINATION................................................................................................................................. 4 L. WAIVER............................................................................................................................................. 4 M. PROPERTY RIGHTS.......................................................................................................................... 5 N. SUSTAINABLE PRODUCTS................................................................................................:........... 6 O. RECOVERY OF PAYMENTS TO RECIPIENT................................................................................ 6 P. PROJECT APPROVAL....................................................................................................................... 6 Q. DISPUTES.......................................................................................................................................... 6 R. CONFLICT OF INTEREST................................................................................................................ 7 S. INDEMNIFICATION.......................................................................................................................... 7 T. GOVERNING LAW............................................................................................................................ 7 U. SEVERABILITY................................................................................................................................ 7 V. PRECEDENCE................................................................................................................................... 7 122 CENTENNIAL CLEAN WATER PROGRAM (CENTENNIAL) AND FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND (SECTION 319) FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and Whatcom County Flood Control Zone District (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT, who will carry out the requirements described in this agreement. PART I. GENERAL INFORMATION Project Title: Special District Riparian Re-establishment Initiative Grant Number: G0900040 State Fiscal Year: 2009 RECIPIENT Name: Whatcom County Flood Control Zone District (FCZD)* *Note: The FCZD is a distinct entity, with its own budget, that utilizes County staff to perform the work necessary for fulfillment of the FCZD's purposes and reimburses the County for such staff services. Mailing Address: Federal Taxpayer ID Number: Total Cost: Total Eligible Cost: DEPARTMENT Share: RECIPIENT Share: DEPARTMENT Maximum Percentage: 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 91-6001383 $666,667 $666,667 $500,000 $166,667 75 % 123 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 CHECK ALL THAT APPLY: • Centennial Funds (state funds): N Yes Amount: $228,915 ❑ No If Centennial Funds, will this Centennial project be used to match Section 319? N Yes ❑ No • Section 319 Funds: (Catalog of Federal Domestic Assistance No. 66.460) N Yes Amount: $271,085 ❑ No • Prior Authorization Granted: ❑ Yes N No • Increased Oversight? ❑ Yes N No • On -Site Septic Local Loan Program? ❑ Yes N No • Activities Stormwater Hardship? ❑ Yes N No The effective date of this AGREEMENT is the date this AGREEMENT is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this AGREEMENT, without written Prior Authorization of the DEPARTMENT,will be at the sole expense and risk of the RECIPIENT. This agreement expires March 31, 2012. Post Project Assessment date (see Post Project Assessment in Attachment I): June 30, 2016 PART II. PROJECT SUMMARY The project will improve water quality by re-establishing vegetated riparian corridors along targeted streams within special district boundaries. Improvements will include control of invasive species; bank stabilization; shade to reduce water temperatures and create fish habitat; interception of nutrients and bacteria; and reduced long-term need for any watercourse maintenance activities. Page 6of13 124 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 PART III. PROJECT BUDGET Whatcom County Flood Control Zone District TOTAL TOTAL ELEMENTS (Tasks or Objects) ELIGIBLE PROJECT ELIGIBLE COST COST. (TEC)* 1— Project Management $20,000 $20,000 2 - Landowner Outreach and Project Planning $35,000 $35,000 3 - Riparian Re-establishment $611,667 $611,667 Total $666,667 $666,667 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share: 75% of TEC $500,000 RECIPIENT Share: 25% of TEC $166,667 Cash $166,667 Interlocal $ In -kind $ Is any combination of the above match allowed? ❑ Yes ® No Page 7of13 125 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 PART IV. PROJECT GOALS AND OUTCOMES A. Financial Assistance Water Quality Project Goals: One or more of the selected following goals apply to this project: ❑ Severe Public Health Hazard or Public Health Emergency eliminated. ® Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies restored to water quality standards, healthy waters prevented from being degraded. ❑ Regulatory compliance with a consent decree, compliance order, TMDL or waste load allocation, etc., achieved. B. Water Quality Project Outcomes: The following are quantitative results anticipated from the project. 1. Reduce sediment input to streams and rivers and associated impacts; improve water quality; and replant native vegetation in riparian areas to restore functions. 2. Re-establish riparian buffers on approximately 20 miles of streambank as called for in Special District conservation planning, Flood Control Zone District projects, and agreed to by individual landowners. 3. Employ best management practices and implement activity limitations to control surface erosion and fine sediment delivery to streams; examples include vegetated buffer strips, filter strips, streambank stabilization projects, large woody debris projects, and livestock exclusion fencing. 4. Restrict livestock access to streams and riparian areas to prevent concentration of livestock waste and delivery to streams where applicable to specific properties. 5. Planting approximately 30,000 native trees and shrubs each year for a total of 120,000 plants. PART V. SCOPE OF WORK Task 1- Proiect Administration/Management: (Total Task Cost: $20,000) A. The RECIPIENT shall administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress reports; compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. Page 8of13 126 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 B. The RECIPIENT shall manage the project. Efforts will include: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. The RECIPIENT shall ensure this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project -related work. Required Performance: 1. Effective administration and management of this grant project. 2. Submittal of all required performance items, including the Post Project Assessment Plan, progress reports, financial vouchers, and maintenance of all project records. Timely submittal of all required performance items, progress reports, and financial vouchers. Task 2 - Landowner Outreach and Project Planning (Total Task Cost: $35,000) A. The RECIPIENT and Whatcom Conservation District (WCD) will work with cooperators (e.g., Diking Districts, Flood Control Zone District, Watershed Improvement Districts, Drainage Improvement Districts, private landowners) to prioritize degraded areas for riparian re-establishment. The RECIPIENT and WCD staff will contact approximately 50 landowners each year and establish native riparian buffers on approximately 20 miles of streambank (averaging five miles of streambank per year). The RECIPIENT will prepare a list of proposed riparian re-establishment projects (Project List), which will include information on site location, watershed name, property ownership, and linear feet of stream riparian corridor to be established. The Project List will be updated and submitted annually by October 15th to the DEPARTMENT for approval before the planting season. B. For each riparian re-establishment project on the Project List, the RECIPIENT will prepare a Planting Prescription Plan. Each plan will identify the location, landowner, a description of the current water quality problem, and existing riparian conditions of the site. The plan will describe site preparation needed, species and quantity of plant material required, plant layout design, estimated crew hours needed to complete the planting, and a tentative planting schedule. Buffer design standards will meet or exceed USDA NRCS Hedgerow Planting (code 422) criteria for small water courses and will include a 20-foot wide filter strip if needed to meet a minimum 35-foot buffer width. Buffer designs for larger water courses will meet or exceed the USDA NRCS Riparian Forest Buffers (code 391). Page 9of13 127 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 C. The RECIPIENT will coordinate riparian re-establishment schedules with Whatcom County Alternative Correction Program crews and WCD staff. D. The RECIPIENT will work with landowners within the special district boundaries and other cooperators regarding work schedules and site access and will develop landowner agreements to clearly state the responsibilities of each party. E. Landowner agreements will be developed for each new riparian restoration project and will define site maintenance requirements, easement restrictions, and property access limitations after project installation. Both the landowner and the RECIPIENT will sign an agreement that will address site maintenance for a period of at least ten (10) years. F. Required Performance: 1. Recipient will convene and attend annual special district meetings and educate elected commissioners on the advantages of riparian re-establishment. 2. Recipient will contact 50 landowners each year with riparian re-establishment proposals and educate landowners on the advantages of riparian re-establishment. 3. Prior to each planting season (November through April), the RECIPIENT will develop a Project List of riparian re-establishment projects to be completed: RECIPIENT will develop a draft Project List after annual special district meetings and a revised Project List after permits are received in June of each year. For each riparian re-establishment project on the revised Project List, the RECIPIENT will prepare a Planting Prescription Plan and will submit both to the DEPARTMENT by October 15th of each year for review and approval. 4. The RECIPIENT will develop landowner agreements for each new riparian restoration project. The DEPARTMENT will review a model agreement before any agreement is signed with a landowner. Deviations from the approved model agreement will need to be approved by the DEPARTMENT. The RECIPIENT will submit copies of all signed landowner agreements to the DEPARTMENT. Task 3 - Riparian Re-establishment (Total Task Cost: $611,667) A. The RECIPIENT will re-establish vegetated riparian buffers along approximately 20 miles of streambank (average of five miles each year) within Special District boundaries targeting high priority areas totally lacking in riparian buffers (DID #7 - California Creek; CDID #1 - Lower Fishtrap Creek and Duffner Ditch; CDID #20 - Kamm Creek; and CDID #21 - Scott Ditch). Bank stabilization measures such as fabric, seeding, mulching, and woody debris placement will be incorporated into planting plans when needed to further protect watercourses from erosion and sedimentation. Project areas may also include riparian buffer re-establishment within Whatcom County Flood Control Zone District, if opportunities arise during the course of the grant cycle. Innovative, cost-effective planting plans emphasizing early succession plant species will meet or exceed USDA NRCS Hedgerow Planting (code 422) criteria for small water courses and Page 10 of 13 128 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 will include a 20-foot wide filter strip if needed to meet a minimum 35-foot buffer width. Buffers on larger watercourses will meet or exceed USDA NRCS Riparian Forest Buffer Standards (code 391). B. The RECIPIENT will order and secure native plants, seedling protectors, and other materials and supplies identified in the Planting Prescription Plan for each re- establishment project. C. The RECIPIENT will coordinate and supervise Whatcom Sheriff s Office Alternative Corrections crews performing the required site preparation, planting and maintenance work identified in the Planting Prescription Plan for each site. Maintenance of project sites will include, but not be limited to, watering of plants, and controlling noxious weeds to ensure a plant survival rate of 80 percent until they reach the "free to grow" stage. D. The RECIPIENT will monitor riparian re-establishment projects completed under this agreement annually using adapted Conservation Reserve Enhancement Program (CREP) protocols including photographic documentation. Photo documentation will include pre - and post- riparian buffer re-establishment conditions. The photos will document progressive changes in riparian vegetation and stream channel morphology. E. The established riparian corridor vegetation will provide a buffer between adjacent agricultural land use and the watercourse. To track water quality benefits of the riparian buffer establishment, the RECIPIENT will calculate nutrient and sediment load reductions using EPA's Spreadsheet Tool for Estimating Pollutant Load (STEPL). F. The established riparian corridor vegetation will shade the channel, helping to maintain lower water temperatures and assist in the control of growth of undesirable vegetation such as reed canary grass. The RECIPIENT will document canopy closure and estimate percent shade provided to watercourses within project riparian buffers. Required Performance: 1. The RECIPIENT will re-establish riparian vegetation following the Planting Prescription Plans developed for each site identified on annual Project Lists. Riparian buffer establishment will average five miles of streambank per year, toward a minimum establishment of 20 miles of riparian buffer during the length of this grant agreement. Buffer establishment will meet or exceed USDA NRCS Hedgerow Planting (code 422) criteria for small watercourses and will include a 20-foot wide filter strip if needed to meet a minimum 35-foot buffer width. Buffers on larger watercourses will meet or exceed USDA NRCS Riparian Forest Buffer Standards (code 391). 2. The RECIPIENT will monitor all riparian re-establishment sites to document the success of planting using adapted CREP protocols and photo documentation. The RECIPIENT will estimate nutrient and sediment load reductions using EPA's Page 11 of 13 129 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 Spreadsheet Tool for Estimating Pollutant Load (STEPL), and will estimate.shade and canopy closure following project completion. 3. The RECIPIENT will monitor plant survival rate and replant to maintain 80 percent survival rate. PART V(a). SPECIAL TERMS AND CONDITIONS A. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein by February 16, 2009, the DEPARTMENT reserves the right to terminate this agreement. PART VI. ALL WRITINGS CONTAINED HEREIN The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement • Attachment I: General Project Management Requirements for the Centennial Clean Water Program and the Federal Clean Water Act Section 319 Nonpoint Source Fund • Attachment II: General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the Fiscal Year in which the project is funded • The applicable statutes and regulations • The Federal Clean Water Act Section 319 Nonpoint Source Program Requirements No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. Page 12of13 130 Special District Riparian Re-establishment Initiative Whatcom County Flood Control Zone District Grant No. G0900040 IN WITNESS WHEREOF, the parties hereby execute this agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY KELLY SUSEWIND DATE WATER QUALITY PROGRAM MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (Revised September 2007) By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) COUNTY OF WHATCOM ) WHATCOM COUNTY PETE KREMEN DATE WHATCOM COUNTY EXECUTIVE, ACTING ON BEHALF OF THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS DANIEL L. GIBSON DATE DEPUTY PROSECUTING ATTORNEY Date On this day of , 2008, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Approved As To Form Only: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 09/i(�cl� Daniel L. Gibson Date Deputy Prosecuting Attorney Page 13of13 131 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND. BEST MANAGEMENT PRACTICES (BMP) IMPLEMENTATION Technical assistance for eligible water quality -related agriculture activities provided under the terms of this agreement must be consistent with current U.S. Natural Resources Conservation Service (MRCS) standards and Technical Guide. Technical assistance, proposed practices, or project designs that do not meet these standards may be accepted if approved in writing by the NRCS and the DEPARTMENT. All restoration activities must be consistent with the Stream Habitat Restoration Guidelines, available at hlt2://www.wdfw.wa.jzov/hab/ahg/shrg—doc.htrn, and the requirements below. If the RECIPIENT wishes to design a riparian buffer not consistent with the following requirements, the RECIPIENT shall submit an adequate justification as to why these cannot be met and an alternate plan to the DEPARTMENT for review and approval. . 1. Riparian Buffers: a. For agricultural areas, minimum buffer size for streams will be 35 feet (on both sides of the stream) measured from the top of the stream bank. For those streams which provide habitat for endangered or threatened aquatic species, the minimum buffer size will be two active stream channel widths (but not less than 35 feet on both sides). To maintain fully functional riparian ecosystems and provide sufficient habitat to meet the needs of fish and wildlife, it is recommended that the RECIPIENT use Washington Department of Fish and Wildlife buffer widths table whenever possible. When buffers are to be created in forested areas, buffer width must also be consistent with Forest Practices Rules. b. The RECIPIENT must obtain a conservation easement or a landowner agreement signed by the landowner prior to the establishment of a riparian buffer on private property. The conservation easement must be consistent with Funding Guidelines Volume One (see Attachment 2 for applicable document reference). The easement or a landowner agreement must be effective for a minimum of ten years unless otherwise authorized by the DEPARTMENT. c. The RECIPIENT must develop a written and signed three-year maintenance plan prior to establishing all riparian buffers. This plan will detail responsibilities for both the landowner and the RECIPIENT and must include details concerning, but not limited to, watering plants, replacing dead plants, controlling noxious weeds, and repairing and maintaining buffer fencing. d. Buffers established as part of this grant may not violate county Critical Area Ordinances, county Shoreline Rules, or other state and local regulations. Page 1 of Attachment I 132 2. Riparian Plantings: a. The RECIPIENT shall develop plans for all riparian buffers prior to establishment which include plant locations and species. The plan must be based on an assessment of native plant associations and community types. b. The RECIPIENT shall only plant species that are riparian in nature and indigenous to the primary watershed where the buffer is being established. (Ask the question, "Would this plant historically have occurred at this site?") c. The RECIPIENT shall use, to the greatest extent possible, genetically appropriate plant materials collected from the primary or secondary watershed where the buffer is to be established. d. The RECIPIENT shall utilize, to the greatest extent possible, plant species that are early successional within the primary watershed. Early successional species are those whose characteristics are such that they are first to colonize after a disturbance. 3. Streambank Protection: a. Streambank protection projects must not stand alone, but be part of a larger riparian buffer project. The project must include the buffer and planting requirements listed above. b. Rock should not be used to armor a bank against the erosive forces of a stream or river unless a bridge, road, or other manmade structure cannot be protected by any other means. In any situation where rock is to be used, the RECIPIENT must submit the design to the DEPARTMENT for an evaluation. c. Streambank protection designs must be consistent with the Aquatic Habitat Guidelines Integrated Streambank Protection•document provided by the DEPARTMENT upon request. 4. Livestock Watering: a. If the RECIPIENT proposes to convey water from a stream or river to a stock tank, the project must be consistent with the Policy for Conveymg Stockwater AwayFrom rom Streams to Protect Water Quality (Water Resources Program Policy POL-1025) and the requirements specified in the associated program funding guidelines. This policy allows small amounts of water consistent with historic practice to be diverted to stockwater tanks for consumption by livestock. b. Off -stream watering systems will be the priority above designs that include water gaps in fencing for livestock access. If the RECIPIENT wishes to design water gaps, a plan must be submitted to the DEPARTMENT which details the design and a description of why off -stream systems cannot be utilized as well as detailing how potential impacts to water quality resulting from water gaps will be minimized. Page 2 of Attachment I 133 EDUCATION AND OUTREACH The RECIPIENT shall provide the DEPARTMENT up to two copies and an electronic copy either on floppy disks or CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT shall provide a complete description including photographs or printouts of the product. The RECIPIENT shall also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English, the RECIPIENT shall produce all pamphlets, fliers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. EQUIPMENT PURCHASE The following equipment will be eligible for purchase through this project: NONE. The total cost of all equipment purchased under this project will not exceed $0. Changes in equipment type must have prior approval from the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT shall inform the public about DEPARTMENT or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from the DEPARTMENT upon request. See the following Web site for specific EPA -required, funding - recognition language: htlp://www.ecy.wa.gov/projuams/wq/funding/2009/index.html INDIRECT RATE To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employee's direct salary and benefit costs incurred while conducting project -related work. The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. MATCH The RECIPIENT shall report to the DEPARTMENT the total number of volunteer (unpaid) hours contributed to the restoration or monitoring project, including time not being credited for matching purposes. This information will be conveyed to the Governor of the State of Washington in fulfillment of a request for state agencies to collect information about volunteers working for clean water. Page 3 of Attachment I 134 MATCHING REQUIREMENTS Cash Match Requirement. If grant funds awarded are more than $250,000, the RECIPIENT share for the project must be entirely in the form of cash or interlocal contributions. If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in -kind match is allowed. Stormwater hardship grants require cash match only. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub -and/or sub -subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The Page 4 of Attachment I 135 DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT shall submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Form A19-1A (original signature) Form Bl (ECY 060-3) Form Cl (ECY 060-8) Form D (ECY 060-11) Cash Only Match Form A19-1A (original signature) Form B2 (ECY 060-7) Form C2 (ECY 060-9) Form D (ECY 060-11) Where Applicable Form E (ECY 060-12) Form F (ECY 060-13) Form H (F-21) Form I (ECY 060-15) Reporting eligible costs. The RECIPIENT shall report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Reimbursements. Payments will be made on a cost -reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three to five years after project completion. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment. PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT shall submit quarterly Progress Reports to the DEPARTMENT's Financial Manger and Project Manager. Payment requests will not be processed without a Progress Report. Page 5 of Attachment I 136 Reporting Periods. • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the quarter. Report Content. At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager: • Draft project completion reports — up to 3 copies • Electronic copy of final project completion report —1 copy • Final project completion reports — up to 8 copies • Final project completion reports of statewide significance — up to 50 copies • Educational products developed under this agreement — up to 2 copies • Documents that require DEPARTMENT Approval — 2 copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements — 1 copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements —1 copy to the DEPARTMENT's Financial Manager Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching requirement. Federal Clean Water Act Section 319 Grant Data Reporting Form — 1 copy to DEPARTMENT's Financial Manager during the first quarter following the effective date of the agreement Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form — 1 copy to the DEPARTMENT's Financial Manager by January 15 of each year. _ Page 6 of Attachment I 137 CENTENNIAL -FUNDED PROJECTS USED TO MATCH SECTION 319-FUNDED PROJECTS This project is being used by the DEPARTMENT to meet a matching requirement for the Section 319 program, and the RECIPIENT must comply with Federal Section 319 reporting requirements. Required reporting includes project data on BMP implementation and annual pollutant load reduction. TRAINING The following training will be eligible for payment through this project: NO TRAININGS. The total cost of all training under this project will not exceed $0. Changes or modifications must have prior approval from the DEPARTMENT. WATER QUALITY MONITORING Quality Assurance Project Plan (OAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The applicant may also reference the Technical Guidance for Assessing the Quality ofAquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to Ecology's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website, available at: http://www.cey.wa.goy/programs/eqp/lab-acereditation.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal / Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website, currently available at: http://www.ecy.wa. ovg_ /eim Page 7 of Attachment I 138 The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim_data coordinator@ecy.wa.gov If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. Page 8 of Attachment I 139 ATTACHMENT II: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR FEDERAL CLEAN WATER SECTION 319 - FUNDED GRANTS SECTION 319 REPORTING REQUIREMENTS The RECIPIENT shall complete the DEPARTMENT'S "Clean Water Act Section 319 Initial Data Reporting Sheet." This form must be submitted to the DEPARTMENT'S Financial Manager with the first progress report. The RECIPIENT shall complete the DEPARTMENT's "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form." This form is used to gather information on load reduction for each best management practice (BMP) installed for the project. This form must be submitted to the DEPARTMENT'S Financial Manager by January 15 of each year. The "Clean Water Act Section 319 Initial Data Reporting Sheet." and the "Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form" can be found on the Water Quality Web page at: hltp://www.ecy.wa.goy/programs/wq/fimding/2009/l*ndex.html CERTIFICATION REGARDING SUSPENSION & DEBARMENT Federal Executive Order 12549 provides that Executive departments and agencies shall participate in a government -wide system for monitoring suspended, debarred, and excluded parties. These departments and agencies have further passed this requirement onto their recipients and have provided pertinent regulations in the Code of Federal Regulations. The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. The Web site for checking suspended, debarred, or excluded parties is www.gpls.gov. COMPLIANCE WITH OMB CIRCULARS: The following apply to Local or Tribal Governments receiving Section 319 rants: 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. OMB Circular A-133, Compliance Supplement 3. OMB Circular A-102, Uniform Administrative Requirements for States and Local Governments 4. OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments The following apply to Non -Profit Organizations receiving Section 319 grants: 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. OMB Circular A-133, Compliance Supplement 3. OMB Circular A-122, Cost Principles for Non -Profit Organizations 4. OMB Circular A-110, Uniform Administrative Requirements for Institutions of Higher Education and Non -Profit Organizations Page 1 of Attachment II 140 The following apply to Higher Education Institutions. receiving Section 319 giants: 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. OMB Circular A-133, Compliance Supplement 3. OMB Circular A-110, Uniform Administrative Requirements for Institutions of Higher Education and Non -Profit Organizations 4. OMB Circular A-21, Cost Principles for Educational Institutions All OMB Circulars can be found at: http://www.whitehouse.gov/omb/circulars. HOTEL AND MOTEL FIRE SAFETY ACT The RECIPIENT agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act of 1990. SMALL BUSINESS IN RURAL AREAS (SBRAs) If a contract is awarded by the RECIPIENT under this agreement, the RECIPIENT is also required to utilize the following affirmative steps: 1. Place SBRAs on solicitation lists 2. Make sure the SBRAs are solicited whenever there are potential sources 3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs 4. Establish delivery schedules, where requirements of work will permit, which could encourage participation by SBRAs 5. Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate 6. Require the contractor to comply with the affirmative steps outlined above The negotiated "Fair Share Percentage" for the SBRAs is 0.5 percent. There is no formal reporting requirement for SBRAs at this time. Page 2 of Attachment II 141 ATTACHMENT III: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEEXONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with fall rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. Page 1 of Attachment III 142 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall Page 2 of Attachment III 143 be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. Page 3 of Attachment III 144 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. Page 4 of Attachment III 145 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or.patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos; reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction. costs of such property. Page 5 of Attachment III 146 N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's.determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Page 6 of Attachment III 147 Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function. or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION I . The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-010 Rev. 04/04 Page 7 of Attachment III im WHATCOM COUNTY COUNCIL AGENDA BILL Art) 2008-304A CLEARANCES Initial Date Date Received in Council Offwe Agenda Date Assi ned to: Originator: m E� V E D SEP 1: 6 2008 VVHATCOM COUNTY COUNCIL 9-23-o8 Planning Division Head: Dept, Head: rray Prosecutor: f urchasing/ a et: Executive: UA 10l✓ T ✓ 0(� TITLE OJFD CUMENT, Growth Management Coordinating Council ATTACHMENTS: Public Involvement Plan 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.) Review and update regarding the Growth Management Coordinating Council and Public Involvement Plan. 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. 149 Whatcom County Comprehensive Plan 2011 Update (Phase 1) ■ Whatcom County ■ September 2008 wwwwww'.„ __ ICFI Smto'k'e"'s' 150 Public Involvement Plan Whatcom County Comprehensive Plan 2011 Update (Phase 1) Prepared for: Whatcom County 5280 Northwest Drive Bellingham, WA 98226 Contact: David Stalheim Prepared by: PCFJSmt'omke&s wigMwwllawlQm�wq 711 South Capitol Way, Suite 504 Olympia, WA 98501 Contact: Meg O'Leary 360/357-6817 September 2008 151 This document should be cited as: ICF Jones & Stokes. 2008. Public Involvement Plan. Whatcom County Comprehensive Plan 2011 Update (Phase 1). September. (ICF AS 00710.08.) Olympia, WA. Prepared for Whatcom County. 152 Table.of Contents Chapter 1. Introduction.......................................................1-1 1.1. Regulatory Context.............................................................1-2 1.2. Public Involvement Plan Format.........................................1-3 Chapter 2. Project Key Messages ...................................... 2-4 Chapter 3. Audiences ........................: ... ............................. 3-6 3.1. General Public................................................................I... 3-6 3.2. Interested Property Owners and Developers ......................3-7 3.3. Community Organizations 3.4. Schools, Colleges and Universities.....................................3-7 15. Environmental Groups........................................................ 3-8 3.6. Governmental/Quasi-Governmental Groups .......................3-8 3.7. Media.................................................................................. 3-9 3.8. Methods.............................................................................. 3-9 Chapter 4. Outreach Activities ......................................... 4-11 4.1. Phase I Outreach Activities ......................................... ....... 4-11 4.2. Outreach Tools.................................................................4-12 4.2.1. Project Graphics and Identity ................................. 4-12 4.2.2. Project Fact Sheet .................................................. 4-12 4.2.3. Key Topic Questionnaire.........................................4-12 4.2.4. Meeting Announcement ......................................... 4-12 4.2.5. Comment Card ........................................ ...I........... 4-13 4.2.6. Display Boards or Posters......................................4-13 4.2.7. Stakeholder Database ............................................ 4-13 4.3. Outreach Meetings ............... "......................... :................. 4-13 4.3.1. Regional Workshops .............................................. 4-14 4.3.2. Partner City Outreach ............................................ 4-15 4.3.3. Interjurisdictional Meetings.....................................4-15 4.4. County -Initiated Public Involvement..................................4-16 4.5. City -Initiated Public Involvement.......................................4-16 4.6. Other Initiatives .......................................... :...................... 4-16 153 Public Involvement Plan (Phase 1) Appendices A. Stakeholder Outreach List Whatcom County Comprehensive Plan Update Phase I Schedule Whatcom County Comprehensive Plan 2011 Update 154 Chapter 1. Introduction Whatcom County has initiated the first phase of a multi -year project to update its Comprehensive Plan by 2011, as required by the Washington State Growth Management Act (GMA). The update will represent the county's vision for the next twenty years. Consistent with GMA, the update will involve; ■ Revising vision statements to reflect community aspirations for twenty years for both urban and rural areas; ■ Developing population and employment forecasts and methods to allocate growth; ■ Developing alternative growth scenarios that capture the range of visions for the future and allow for informed decision -making; ■ Conducting environmental review of alternatives to consider how alternative growth scenarios could affect the natural environment and built environment; ■ Reviewing and updating County -wide Planning Policies; and ■ Reviewing and updating County Comprehensive Plan elements. Phase I of this coordinated planning and community involvement effort is scheduled to occur over a 5-month period, from August through December 2008. During that time, the County and partner cities will implement an inclusive, interactive Public Involvement Plan (PIP) to encourage countywide participation in the development of vision statements, growth forecasts and methods, and regional conceptual growth alternatives, and ultimately, a community -supported plan.. 155 Public Involvement Plan (Phase 1) This PIP is intended to guide the project team, including the County, partner cities, and consultant team, during the Phase I Whatcom County Comprehensive Plan 2011 Update. Phase l PIP is designed to meet the following objectives: ■ Inform the community about the update effort, including the purpose of the Comprehensive Plan, steps in the update process, and state requirements; ■ Communicate clearly about constraints, values, and trade-offs associated with the Comprehensive Plan update; ■ Generate trust, confidence and credibility in the project team, process and project; ■ Obtain input from a broad range of community members through all aspects of plan development; ■ Coordinate public involvement with the planning work so that citizen participation is meaningful and timely; ■ Encourage two-way communication between the County and community stakeholders; ■ Identify interests, concerns and issues as early as possible to avoid surprises later in the process; ■ Ensure that elected officials, staff and consultants are fully aware of and understand community and stakeholder concerns; ■ Ensure that community values are incorporated in the Whatcom County Comprehensive Plan; Gain community input on visions for the future, conceptual regional growth alternatives, population and economic projections, and land supply, demand, and monitoring methodologies; and . ■ The Phase I PIP is a first step in developing a community supported plan that will guide Whatcom County's growth over the next 20 years. 1.1. Regulatory Context The GMA has two distinct requirements for Comprehensive Plan review and update: ■ RCW 36.70A.130(3) requires the County to review, at least every ten years, its urban growth area or areas, and the densities permitted within. This review will be completed in 2009. ■ RCW 36.70A.130(4) requires review and update of the comprehensive plan and development regulations every seven years. Whatcom County was required to Whatcom County Comprehensive Plan 2011 Update 1 2 156 complete this review in 2004 and will be required to complete another review and update in 2011. This PIP represents the first phase in a multi -year process to complete the 2011 comprehensive plan update, and will serve as the basis for the required ten-year UGA review. Prior to the completion of Phase I, the project team will revisit and revise this PIP as appropriate, to address the remaining Comprehensive Plan Update phases through the year 2011. 1.2. Public Involvement Plan Format To meet PIP objectives consistent with GMA goals, the remainder of this document addresses the following: ■ Key Messages ■ Audiences ■ Outreach Activities In addition, a Stakeholder List is provided in Appendix A, and a Public Involvement Schedule is provided in Appendix B. 1-3 September 2008 157 Public Involvement Plan (Phase I) Chapter 2. Project Key Messages Consistent key messages are the foundation of a successful outreach program. The following messages will guide the overall effort and will be reemphasized through project materials and outreach activities facilitated by County staff, city staffs, and the consultant team. ■ The Whatcom County Comprehensive Plan Update process is designed to comply with the State Growth Management Act (GMA), which guides population growth into urban areas and seeks to protect agricultural and forest lands, critical areas, open spaces, and rural character. ■ Public involvement is a state requirement and key component of the plan update. The County desires an open and welcoming process to involve the public and to identify or affirm a collective future vision for Whatcom County. ■ Though the Plan Update is directed by state law as to the elements it must address, there is a degree of latitude to prescribe how and where the county will grow. ■ The plan update is not the only opportunity to review the Whatcom County Comprehensive Plan. The County and cities have had comprehensive plans in place since the mid-1990s. This Comprehensive Plan Update is part of a periodic review cycle, and coordinates city and community plans with the County plan. Over time, the County and cities will regularly revisit their plans to ensure they reflect changing circumstances and visions within the GMA framework. ■ Easy and convenient access to project information is critical; County staff, city staffs and consultants will ensure that information is easy to obtain, useful, timely, pertinent and easy to understand. ■ Public involvement will be important through all phases of the plan update. Whatcom County Comprehensive Plan 2011 Update 2 4 158 ■ The Growth Management Hearings Board and/or courts will decide the outcome of the urban and rural cases before them, and will seek assurance that the update was developed with the community's input. Whatcom 2037 Theme In addition to ensuring consistent messages, it is important that project materials and documents convey a cohesive identity or theme. "Whatcom 2031" is the recommended key phrase for the plan update process. It invites the community to collectively participate in formulating the County's vision for the next twenty years. It is recommended that this phrase, together with a consistent graphic identity, be used on all project materials developed by the consultants, the County's project Web page, and for any outreach activities conducted by the partner cities. The County may also wish to have a Web domain name with the phrase that links to the Web page. 2-5 September. 2008 159 Public Involvement Plan (Phase I) Chapter 3. Audiences The PIP is designed to reach all audiences that may have an interest in the Comprehensive Plan Update process. It is also designed to reach out to other groups and individuals —those that may not yet have an interest or be inclined to participate —to encourage their awareness, understanding and involvement in the process. The PIP also promotes use of existing communication networks to encourage involvement in the Whatcom County Comprehensive Plan Update process. Subsections 3.1 to 3.7 describe the audiences that the public involvement program is designed to reach. Appendix A further provides an initial stakeholder list that will be refined, expanded and updated as appropriate. A matrix of methods to reach the various audiences is provided in Subsection 3.8. 3.1. General Public The general public is defined as members of the community including residents, property owners, businesses and any others that might be interested in the Comprehensive Plan Update process. An outreach challenge is identifying and implementing a cost-effective method for reaching a broad range of the public. Outreach Approach Outreach activities associated with the general public will be focused on generating awareness, confidence and interest in the plan update process. Outreach should be focused on keeping the general public informed and updated as to project progress, meetings and key decision -making points. Whatcom County Comprehensive Plan 2011 Update 3-6 160 3.2. Interested Property Owners and Developers Interested property owners and developers are defined as members of the community that have an interest in growth and development regulations, especially as they relate to their private property rights. They may have an interest in developing or preserving their property. This might include real estate and development groups and other related professionals. Outreach Approach The outreach approach associated with the general public applies to interested property owners and developers. In addition, based on their area of interest and focus, some real estate and development associations may help spread information about Comprehensive Plan Update activities through their Web sites, newsletters, announcements and meetings. 3.3. Community Organizations Community organizations are loosely defined as groups, associations, or committees that come together for a common interest or cause. This includes service groups, chambers of commerce, non-profit organizations, community councils, neighborhood associations, local granges, social service organizations, religious organizations, and others. Outreach Approach There are two key outreach tactics that will be used to reach these groups. The first is to communicate with them in a similar fashion as the groups identified above — making sure that they have basic information about the purpose of the project, project updates, meeting announcements, milestones —the who, what, why, when and where. The second outreach tactic is to coordinate with their existing outreach activities to promote the Comprehensive Plan Update effort. For example, local organization Web sites and newsletters may at their discretion include a project fact sheet, article, public meeting notice, or link to the County project Web site. 3.4. Schools, Colleges and Universities Schools; colleges, universities and educational organizations offer unique opportunities to raise awareness and actively involve young people in the Comprehensive Plan Update process. 3-7 September 2008 161 Public Involvement Plan (Phase 1) Outreach Approach The first outreach tactic is to communicate with them in a similar fashion as the general public and organizations identified above —making sure that they have the basic information about the purpose of the project, project updates, meeting announcements, milestones. The second tactic is to leverage the classroom environment and create interactive learning opportunities. For example, students could participate in the public workshops, a journalism student could run a story in the school newspaper, or a student DJ could conduct an interview. 3.5. Environmental Groups Public involvement activities will include environmental groups that have an interest in the update process, such as those that are related to conservation, preservation and protection of Whatcom County natural resources. Some may be helpful in distributing information; others will be direct participants in the process. Outreach Approach These groups will be reached through similar outreach activities as those described above. Based on their area of interest and focus, some may help spread information about Comprehensive Plan Update activities through their Web sites, newsletters, announcements and meetings. Others will be interested in activities that may affect a particular location or natural resource. These groups will likely participate in Comprehensive Plan Update public workshops and may be interested in hosting special or regular meetings for project - related presentations. In addition, some groups develop and distribute newsletters and conduct regular meetings and other outreach activities with their membership. 3.6. Govern mentaI/Quasi-Governmental Groups Governmental and quasi -governmental groups are defined as organizations that have a connection to local government,. including the multi jurisdictional Growth Management Coordinating Council (GMCC); Whatcom Council of Governments; Whatcom County Council; City Councils; Whatcom County and individual cities' Planning Commissions; area tribes; local special districts; and others. Groups typically consist of elected officials, appointed community members, or jurisdictional staff. It will be important to coordinate with these groups early on to confirm meeting dates and ensure adequate time for Comprehensive Plan Update discussions. Whatcom County Comprehensive Plan 2011 Update 3-6 162 Outreach Approach These groups will be reached through all of the outreach methods described above. In addition, the Comprehensive Plan Update process may be a periodic topic at their regularly scheduled meetings, providing progress updates and seeking input at key plan milestones. The GMCC meetings in particular will be a key forum for multijurisdictional issues associated with the Comprehensive Plan Update. 3.7. Media Key Whatcom County media include newspaper and radio stations in the various communities. Outreach Approach Media relations will be handled by the County. News releases and calendar announcements can be used as a method for communicating important project information. It is recommended that the County continue its positive dialogue with the local media, be responsive and available to answer questions, participate in media interviews, and be open and forthcoming with as much information as possible to keep the media informed. It is also recommended that the County invite reporters to participate in meetings and other public involvement activities and generally encourage media -directed interest in the plan update process. 3.8. Methods The following matrix lists the audiences and the key methods used to reach them. Outreach activities are further described in Chapter 4. 3-9 September 2008 163 x X x X X x X X R =p N C C N C.1 E E x x x x x x x X X (D CD CD> R! > O =3 O 0 Cr C9 C d E x x x x x x x x x 0 0. o w 0 N d N y y X X X X X x X X X cn O Cf } VI V> N C w O C =I N X X x X X X X X X E t00 O � 00 O C CD cc CD CL X X X X X X X X x N cu O d O. c 00 V .O x X x x x x x x x cu d C7 v o_ C o U .0 O) L _ co N E N O d d iC E N O N cn co E L f0 O U N c N 'O V m H y c c a c E ccov rn c c 0 3 ai v a� c m y o E o a� � a m .o m m 4, ca j, o ii a m E aEi c LLi O W N C C O j N O O 37 E W = O O 0 2 co 0 S. 164 Chapter 4. Outreach Activities The visioning and conceptual regional growth alternatives tasks will provide the framework for Phase I public outreach (August through December 2008), and will serve as the basis for the required ten-year UGA review. The outreach activities will guide and inform the project team as they develop population and economic projections, and land supply, demand, and monitoring methodologies. The intent of Phase I outreach is to develop and implement the PIP; design an identifiable graphical look; prepare communication materials; develop the schedule; and coordinate and participate in the visioning and conceptual regional growth alternatives workshops. The project team will coordinate outreach with the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas, and other interested communities including Birch Bay and Columbia Valley. Additionally, the project team with coordinate with other public planning processes including the Whatcom County Comprehensive Plan rural element update, Birch Bay Watershed Characterization project, agricultural committee work, and Whatcom Legacy Project. 4.1. Phase I Outreach Activities Phase I activities generally follow key project milestones outlined in the Whatcom County Comprehensive Plan Update Schedule (see Appendix B). These correspond to the following key topics and dates: ■ August 2008: Develop Draft Public Involvement Plan ■ September 2008: Finalize Public Involvement Plan Develop Key Topic Questionnaire Develop outreach materials Develop Project Web page 165 Public Involvement Plan (Phase 1) Outreach and awareness -raising conducted by partner cities. ■ October 2008: Visioning outreach and workshops ■ November 2008: Conceptual Regional Growth Alternatives outreach and workshops ■ August to December 2008: GMCC meetings first Wednesday each month. Discussion topics may include: draft vision statements, alternative growth concepts, population projections, economic projections, and methodologies for land supply, demand, and monitoring. 4.2. Outreach Tools 4.2.1. Project Graphics and Identity ICF Jones & Stokes will develop a consistent graphic look that will be used on all Comprehensive Plan Update communication materials. The look will include a graphical treatment including consistent use of fonts, colors and project tag line, "Whatcom 2031". 4.2.2. Project Fact Sheet ICF Jones & Stokes will write, review edits, and make final recommendations on a project fact sheet. Distribution methods will include public workshops, community libraries and public counters, and outreach efforts conducted.by the partner cities. The fact sheet will be posted on County and city Web pages. 4.2.3. Key. Topic Questionnaire The project team will prepare a one -page questionnaire in order to gather community input on key project -related topics; this will consist of 5 or 6 "visioning" or other core questions to ensure focused and consistent feedback. The questionnaire will be distributed at public workshops, through outreach efforts conducted by the partner cities, and by GMCC members and elected officials. The questionnaire results will inform the team's analysis and formulation of the conceptual regional growth alternatives. The questionnaire will be posted on County and city Web pages. 4.2.4. Meeting Announcement A meeting postcard will be used to publicize the visioning and conceptual regional growth alternatives public workshops. It will bewritten and designed to reflect the Whatcom County Comprehensive Plan 2011 Update 412 166 Whatcom 2031 graphical look. The meeting postcard will be distributed to all stakeholder database contacts through email or direct mail. The meeting announcements will be posted on County and city Web pages. 4.2.5. Comment Card A comment card will be designed for use throughout the life of the project. It will include a return address. It will be distributed in the same manner as the project fact sheet. Comments will be reviewed and incorporated into the County and consultant work and be reviewed for common questions, themes or issues. The comment card will be posted on County and city Web pages. 4.2.6. Display Boards. or Posters Designed for high visibility, one graphic board or poster for each set of workshops will be developed to communicate Phase I Comprehensive Plan Update activities. The boards/posters will announce upcoming meeting dates and provide general information and be placed in high traffic areas such as government offices, libraries, post offices and other locations. 4.2.7. Stakeholder Database The County will develop a project stakeholder database that will be used for direct mail and/or email distribution of project materials. The database will include public meeting attendees, community organizations, environmental groups, schools, colleges, universities, elected officials, media representatives and any other groups that may be interested in the Comprehensive Plan activities. The County will update the database as necessary throughout the project, to reflect new public meeting attendees, additional stakeholders and others that become engaged in the process. 4.3. Outreach Meetings Outreach meetings fall into three categories: Regional Workshops These interactive meetings will focus on visioning and conceptual regional growth alternatives, as well as population and economic projections, and land supply; demand, and monitoring methodologies, and will be conducted by County and consultant staff. 4-13 September 2008 167 Public Involvement Plan (Phase 1) Partner City Outreach City staff will either present at regularly scheduled stakeholder group meetings or host separate gatherings as appropriate. They will utilize the outreach tools developed by the consultant. lnte�unsdictional Meetings These include GMCC meetings at which the Technical Advisory Group (County and city planning directors and others) and consultant team present various Comprehensive Plan Update materials for discussion. 4.3.1. Regional Workshops The County and consultant team will conduct six workshops focused on visioning, conceptual regional growth alternatives, and population and economic projections, and land supply, demand, and monitoring methodologies. Working closely with County and Technical Advisory Group staff, the consultant team will develop workshop exercises to encourage active citizen participation. Four meetings will be hosted in the evening and two in the morning in order to provide options for people. Visioning Workshop ICF Jones & Stokes will conduct three public visioning workshops in October 2008, two in the evening and one in the morning. The consultant will hold a strategy and planning session with County staff, develop a workshop format, coordinate logistics with the County, manage the development of the fact sheet and display boards, facilitate the public workshops, and prepare a summary of each workshop. The three workshops will be held in the north county, in the south county, and possibly the east county. The purpose of the visioning workshops are to 1) share input about the Comprehensive Plan Update process; 2) identify issues, concerns and questions of participants; 3) share information about the County's and cities' existing vision concepts; and 4) obtain feedback about the relevance and/or revisions necessary to reflect a current county vision. The format will consist of small interactive work groups and question and answer sessions led by County staff and consultants. A pre -meeting coordination session will be held with the County and cities prior to the workshop dates. Regional Growth Alternatives Workshop The second round of three additional public workshops will be focused on conceptual regional growth alternatives, and address other relevant issues. The purpose will be to share information and obtain input about potential alternatives to be analyzed and further refined for the future identification of a preferred growth alternative. The Whatcom County Comprehensive Plan 2011 Update 4-14 . format will consist of hands-on.working groups and question and answer sessions with County staff and consultants. The consultant will hold a strategy and planning session with County staff, develop a workshop format, coordinate logistics with the County, manage the development of outreach materials, facilitate the public workshops, and prepare a summary of each workshop. As needed, a pre -meeting coordination session will be held with the County and cities prior to the workshop dates. 4.3.2. Partner City Outreach Partner city meetings are intended to raise awareness and spread the word about the update process, and reach out to diverse stakeholders that may not be interested or able to attend the regional workshops. These partner city meetings, where appropriate and desirable, will be led by city staff or officials. The format may include: ■ Conducting meetings in local communities using similar materials and approaches as the regional workshops. For example, the cities could hold their own vision or alternatives workshops with the same questions, handouts and exercises utilized at the regional workshops. ■ Attending regularly scheduled stakeholder meetings (e.g. Planning Commissions, schools, community or environmental organizations). City staffs and officials can inform these groups about the plan update process at their regular meetings, identify what information is available, identify how to comment, and invite stakeholders to regional meetings. ■ Using the Key Topic Questionnaire to gather stakeholder comments. 4.3.3. Interjurisdictional Meetings The primary body that will make decisions about the Whatcom County Comprehensive Plan Update is the County Council consistent with its GMA responsibilities. The County Council and individual city councils will hold public meetings periodically as they consider elements of the Plan Update that affect their communities. However, since several plan update aspects involve county -city consultations, a special regional forum —the Growth Management Coordinating Council, or GMCC—has been created to serve as an advisory body to the County Council and city councils. The GMCC meetings are open to the public and will provide another opportunity for public involvement. The GMCC typically meets the first Wednesday of the month. Discussion topics may include: draft vision statements, alternative 4-15 September 2008 169 Public Involvement Plan (Phase 1) growth concepts, population and economic"projections, and methodologies for land supply, demand, and monitoring. 4.4. County -Initiated Public Involvement Several public involvement activities will be led by County staff. These include: ■ Development of the project Web page on the County's Web site. ■ Providing notice to stakeholder groups. ■ Identifying and securing locations for display board/poster placement. ■ Identifying and securing locations for public workshops. ■ Printing and distributing outreach materials. ■ Media relations. 4.5. City -Initiated Public Involvement Several public involvement activities will be led by city staff. These include: ■ Posting of project materials and meeting announcements on city Web sites. ■ Management and coordination of the city -specific stakeholder outreach activities. It is expected that the cities will contact interested stakeholder groups and coordinate with County staff as appropriate. City staff will take the lead in making presentations to stakeholder groups. ■ Identifying and securing locations for display board placement. 4.6. Other Initiatives The project team will maintain a schedule of events for other relevant regional planning efforts in order to coordinate activities where appropriate. To date the team has identified the following: Rural LAMIRD (Limited Areas of More Intense Rural Development): This effort began the week of August 18, 2008. The LAMIRD project team will develop a public outreach plan. The County will review the Comprehensive Plan Update Phase I PIP and share it with the LAMIRD consultant. ■ Birch Bay Watershed: The project team will coordinate with the Birch Bay Watershed efforts as appropriate. Whatcom County Comprehensive Plan 2011 Update 4-16 170 Agriculture Committees: There are three agricultural committees. There may be a retreat with the three committees in October 2008. Outreach at this retreat during the visioning phase may be possible. Legacy Partnership: Their Web site is: www.whatcomlegacy.org/index.html. Some of the group's 2008 efforts will parallel the County's Comprehensive Plan Update. - I September 2008 171 Appendix A: Stakeholder Outreach List September 2008 This represents an initial list of stakeholder organizations. As the Comprehensive Plan Update proceeds, it will be updated as appropriate. Agricultural Community ■ Agriculture Advisory Committee ■ Bellingham Farmers Market ■ Conservation District ■ Food Bank ■ Purchase of Development Rights Oversight Committee ■ Sustainable Connections/KCLT (Food and Farming Program Partnership) ■ USDA-NRCS and FSA Office ■ Whatcom Farm Friends ■ Whatcom Farmers Co -Op ■ WSU Cooperative Extension Affordable Housing Organizations ■ Affordable Housing Task Force ■ Bellingham-Whatcom County Housing Authority ■ Habitat for Humanity ■ Kulshan Community Land Trust ■ Northwest Youth Services ■ Opportunity Council ■ Whatcom/Skagit Self -Help Housing Builders/Realtors ■ Building Industry Association of Whatcom County ■ Whatcom County Association of Realtors Cities/Urban Growth Areas ■ Bellingham ■ Birch Bay/Birch Bay Village ■ Blaine ■ Columbia Valley ■ Everson ■ Ferndale ■ Lynden ■ Nooksack ■ Sudden Valley ■ Sumas . Whatcom County Comprehensive Plan Update 2011 A-1 172 Public Involvement Plan (Phase 1) Appendix A Community Groups ■ Bellingham City Club ■ Bellingham Community Food Co -Op ■ Citizens of the Columbia Valley ■ Economic Development Councils ■ Foothills Friends ■ Glacier Chamber of Commerce ■ Kendall Watch ■ Migrant Council ■ Mount Baker Foothills Chamber of Commerce ■ Mount Baker Foothills Economic Development Association ■ Opportunity Council ■ Rotary ■ Whatcom Coalition for Healthy Communities Educational Institutions ■ Bellingham Technical College ■ Northwest Indian College ■ Public School Districts (7) ■ Western Washington University ■ Whatcom Community College Environmental Groups ■ Conservation Northwest ■ Futurewise ■ Lake Whatcom Advocacy Groups ■ Lummi Island Heritage Trust ■ Nooksack Salmon Enhancement Association ■ Sustainable Connections ■ Whatcom Land Trust ■ Whatcom Legacy Project Governmental/Quasi-Governmental ■ Birch Bay Steering Committee ■ Community Transportation Advisory Groups ■ CTED ■ Department of Ecology ■ Fire Districts ■ Flood Advisory Committee ■ Lummi Island Community Association ■ Port of Bellingham ■ Public Utility District ■ Small Cities Caucus ■ Tribes ■ Water Districts ■ Watershed Advisory Groups ■ Whatcom Council of Governments ■ Whatcom Transportation Authority ■ WSDOT — Mount Baker Office Whatcom County Comprehensive Plan Update 2011 A-2 173 Public Involvement Plan (Phase 1) Appendix A Media ■ All Point Bulletin (Point Roberts) ■ Bellingham Herald ■ Cascadia Weekly ■ Ferndale Record -Journal ■ Foothills Gazette ■ KGMI 790 AM ■ Lynden Tribune ■ Northern Light (Blaine) ■ Western Front ■ Whatcom Watch Whatcom County Comprehensive Plan Update 2011 A•3 174 175 WHATCOM COUNTY COUNCIL AGENDA BILL ' NO. 2008-120A CLEARANCES Initial Date Received in Countcil Office A enda Date Assi ned to: Originator-—yr(" G�Date (.G- D LE�Division D SEP f6 2008 WHATCOM COUNTY COUNCIL 9-23-0$ Planning Head: Dept. Head: '( _ Prosecutor I"ttrchasinglB et: Executive: / TIT& OF D CUMENT: Comprehens' a Plan Docket Items Schedule Update ATTACHMENTS: Concurrent Review List SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a !tearing? ( ) 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.) j Review and update regarding the Comprehensive Plan docket items and concurrent review schedule. 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. 176 .0 v d CD 0 0 0 0 0 U O U O LL CD O of N m CD N E •C o O , V 3 CL c m fay a: Q :3 E Q. o o m c (D LEs z a ¢ OD c U O O 0 d C � � N a5 N 0 C O t� v c a d o c o C) d dog w o o Z W QQa C. M U C Z � C � v � >+ C co 0000 Q >, r (Dm t �a C E 2 a w mom `-' aa))Q 3 Q is o� o,C0a m UQ' aci aJ O N �n 0 LL. .3 D E J E 'O O ^ W >' C N O t M j 7 U a 7 LLHLLUJJfAco a. h-0-' ,N fCC as vaf6i c m � Qco ff E 0.:3L U C a¢m 177 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-339 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Committee Originator: 918108 9/23108 of the Whole Wendy Wefer-Clinton WC-1 " E ^ E � V E D (Executive Session) Division Head16"D 918108 , . Karen Goens: C q SEP i" 6 2008 WHATCOM COUNTY Dept. Head: Prosecutor: COUNCIL Purchasing/B dg t: Executive: TITLE D CUMENT: ATTACHMENTS: SEPA review required? ( ) Yes ( X )No Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: S UMMAR Y S TA 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.) Negotiations update for County Council on soon -to -be expired collective bargaining agreement 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. 178 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 Board of Health July 29, 2008 Council Chair Carl Weimer called the meeting to order at 10:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson 1. PUBLIC SESSION No one spoke. 2. WHATCOM ALLIANCE FOR HEALTHCARE ACCESS (WAHA) UPDATE Regina Delahunt, Health Department Director, stated they will present background information on the Whatcom Alliance for Healthcare Access (WAHA). She showed a video on the benefits of WAHA and read a presentation (on file) regarding the background of WAHA. Sue Sharpe has been facilitating WAHA, but will transition to another position. They have undergone leadership changes. Kerri Lenderman will become the WAHA Executive Director. She introduced the board members present. WAHA is a partnership, and they must acknowledge private practices for their participation. WAHA focuses a lot on getting kids into care. The County's contribution isn't included in the proposed base budget for 2009/2010. Stephen Gockley, WAHA Board Member, described his background. Connection Services are largely carried out by WAHA staff. They are now dealing with a compartmentalized and fragmented healthcare system that is difficult to use. He read the presentation, beginning with the WAHA Connection Services. Sue Sharpe, WAHA Co -Director, continued the presentation regarding Small Business Health Insurance Connection. The largest number of uninsured are people employed in small businesses. WAHA staff and board members sit on many committees that implement legislation. The WAHA system has been presented nationally. One reason they are successful is because they don't rely heavily on federal funding. They keep the scale to a community level. A Washington State Department of Social and Health Services (DSHS) worker is stationed in their office to increase turn -around time. Board of Health, 7/29/2008, Page 1 179 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 asked if there is an effort to create a countywide small business insurance policy group. Sharpe stated they considered it. They haven't decided to do it. The State has a new program beginning in January to subsidize low income employees if employers are willing to provide coverage. They want to see how that works first. Right now, they think they can be more competitive than a group program. Brenner asked if there is a formula for all doctors to participate. Sharpe stated that they sign an agreement for project access. They say they will provide a certain level of service to a certain number of patients for the year. They look for that kind of commitment, track it, and report it. It's a formal process. Brenner asked if the State knows about the County's rural health designation. Sharpe stated the State helped WAHA with that designation. The State worked on data collection. Brenner stated make sure the State understands that this resource is important. She asked what happens when services aren't available to Medicaid patients. Sharpe stated that happens in most cases. They must first get people covered to get into routine care. Coverage doesn't solve the whole problem. That's the challenge they face. Brenner asked if they are focused on getting money back. Sharpe stated they get money back to providers, but they also get Medicare patients to a provider who will accept Medicare or Medicaid, which can be a challenge. Caskey-Schreiber stated she thanks Ms. Sharpe for her service to this group. She also thanked Councilmember Nelson for his leadership. She asked about the WAHA budget, overhead costs, community matches, and whether they need annual support from the County. Sharpe stated the goal is to seek funding from a broad variety of funding sources, including the hospital. (Clerk's Note; End of tape one, side A.) Sharpe continued to state it contributes $135,000 to $180,000 per year. The St. Luke's Foundation consistently gives the Alliance $50,000 per year. The County funds of $50,000 are used to leverage many other funds. She described the funding sources. This Alliance works because everyone contributes. They must broaden the funding base further. They will consider how to do that in the next year. They are looking for ongoing support so they know everyone is participating, which makes the Alliance a lot healthier. They also recognize that they must have different approaches. Weimer asked if the County's match of $50,000 is not included in the proposed budget. Delahunt stated that's correct. Also, there is $25,000 from the Small Business Development Center (SBDC). They contract directly with SBDC rather than go through WAHA for the physician survey and small business support. Nelson stated WAHA isn't the complete answer to solve health care access problems for everyone. It is a tool for the goal. Educate the public, and the public will endorse and support a plan. He hopes to connect efforts such as WAHA and other community organizations to create a healthy community. Support the organizations as best they can within the means they have. WAHA must maintain efficiency and support. He will work Board of Health, 7/29/2008, Page 2 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 WAHA to do more work within the community to find other support mechanisms. Larger businesses are supported by this effort. He appreciates the WAHA board and staff. Dewey Desler, Deputy Administrator, stated the County jails are constitutionally required to provide healthcare to inmates. These are very sick people who often aren't connected with health insurance options. He asked if WAHA has talked with the County to see if it can connect that population to health care. Sharpe stated they haven't talked to anyone specifically. They attended a conference in June where it was discussed. The WAHA board discussed it at a retreat. They are aware of that group needing help. Gockley stated they are presented with a unique opportunity through State action. Previously, Medicaid patients were ineligible while in jail and for a time after their release. The State now allows for expedited reauthorization for prisoners being released. Caskey-Schreiber asked the number of paid WAHA staff and asked the amount necessary in the WAHA annual budget needed to continue. Sharpe stated the number of staff is about eight, but it fluctuates. Many are part-time. They are direct service providers. The budget this year was about $550,000. The goal is the same next year. 3. COMPREHENSIVE HEALTH PLAN UPDATE Susan Sloan, Health Department, read from the Overview of the Comprehensive Health Plan (CHP) Public Input Summary Document information. They have completed step one, which included interviews with stakeholders, community focus groups, and public forums. They have 655 individuals on the mailing list for this type of communication. The Board packet includes a 113-page document summarizing the public's input. Word about what Whatcom County is doing is getting out around the State and nation. She has made presentations to others in the State and will make a presentation in Washington D.C. this fall. During the process of getting public information, they began to hear about a vision for health in the county. They heard about the barriers to and issues regarding the vision. Therefore, they created the vision map for health in Whatcom County. She read the vision map. They are working to determine what is going on in the community now related to those vision topics. Regarding the health promotion topic, a future search conference on the built environment is scheduled in December. They are developing that conference now. Regarding the communicable disease, it is the province of the Health Department. Regarding the health care deliver, they hope the Whatcom Alliance for Healthcare Access (WAHA) will take a lead on that topic. A discussion is necessary about transferring what they've learned and how they can support WAHA in that topic area. Regarding the healthy environment topic, it is the most complex. There isn't one organization that would naturally address that topic. They could possibly have another future search conference for that topic, specifically the topic of water. The first draft of the Comprehensive Health Plan is expected in December 2009. Fleetwood asked how and what the Board of Health would prioritize. Sloan stated the Board would prioritize within each quadrant of the CHP Vision Map. Board of Health, 7/29/2008, Page 3 181 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 she thanks Ms. Sloan for her work. She read the entire thing. Some of the things are repeated within the same topic, such as the use of the word "fabulous." She doesn't know what was asked of people. For instance, they can't end homelessness completely. The vision has to be realistic. Some of the things won't be possible and are out of their control, which makes it discouraging. Delahunt stated this is a summary of what people said. It's not a recommendation from the department. Some of the input was kind of unrealistic. If they look just at the visioning map, it gives a good, broad idea. The big document is just a list of what people in the community said. It's useful information. Brenner asked if there were any limits on the comments. Nelson stated there were not. Crawford stated he has the same concerns, but will trust the process for now. The Board of Health will have a discerning eye when prioritization occurs to get to the significant community factors that affect health. For now, take it as what it is, and see what results. Caskey-Schreiber stated this is just feedback. Don't censor that feedback. It is information to gauge what the community is thinking and what is important to them. Look at their suggested solutions to see if the County can facilitate any of those solutions. The Board and County must let the public know what's already been done or is being done. This process was a great way to gauge the community. Nelson stated the community has many different perspectives. It was important that the community knows the County is listening without judgment. When they go into the future search process, he is concerned that they don't get so myopic that they narrow the goals. They won't reach all their goals. However, they can include all the goals to benefit lobbying efforts and have plans in place to show community commitment. When they get to the future search process, they will be ready to start implementing some processes. He asked if the Public Health Advisory Board (PHAB) recommends leaving the topics in the health promotion section for the entire future search, and not narrow the focus. Delahunt stated the future search topic connects chronic disease with environment and is the broad topic. The PHAB realizes that the topic contains all elements of health promotion. Brenner stated she fears that this kind of a document will result in unrealistic expectations. By the time the Board gets to it, the expectations are still out there. Sloan stated that's why they are trying to communicate through the newsletters what is actually occurring after the input process. They will take quantitative data and attach it to what people have said to see the reality of the situation. Delahunt stated that in the end, the responsibility is to develop reasonable goals that they can obtain and have already obtained. Brenner stated there are a lot of comments that go far beyond what they, at the local level, can do. That scares and overwhelms her. Fleetwood asked whose expectations will be dashed by having lofty goals in the health care plan. Board of Health, 7/29/2008, Page 4 182 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 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 whoever made these comments in the document has these expectations. She doesn't know who those people are. This is a public document. When she sees something in a public document, it implies that is what the County is doing. This public document doesn't say that this is just a wish list and has nothing to do with reality. This list will remain on the shelf as a public document. Sloan stated this was presented as a brainstorming process. The prioritization process was always intended to narrow it down to define what they can actually impact, who would be willing to work on it, and where they can find funding. Delahunt stated the participants understood the process and that things would be prioritized to something realistic. Nelson stated this document encompasses a wide vision from the public, but it's not the final plan for goals and priorities. Brenner stated she's glad they discussed it. 4. DISEASE SURVEILLANCE & 2010 OLYMPICS This item was not discussed. It will be discussed at a future meeting. ADJOURN The meeting adjourned at 12:02 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2008. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Board of Health, 7/29/2008, Page 5 183 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 Committee Of The Whole August 5, 2008 Council Chair Carl Weimer called the meeting to order at 6:00 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 (Clerk's Note: Due to audio recorder malfunction, this meeting was not audio taped.) Caskey-Schreiber moved to go into executive session to discuss the first two items as shown in the order, below. Motion carried unanimously. 2. DISCUSSION WITH CHIEF DEPUTY PROSECUTOR RANDALL WATTS REGARDING PENDING LITIGATION (AB2008-018) 3. DISCUSSION REGARDING GARBAGE AND RECYCLING ISSUES (AB2008-018) 4. DISCUSSION REGARDING VIDEO RECORDING EQUIPMENT PURCHASE OPTIONS (AB2008-017) S. DISCUSSION AND POSSIBLE APPOINTMENT OF THREE MEMBERS TO SERVE ON A "PRO" COMMITTEE AND THREE MEMBERS TO SERVE ON A "CON" COMMITTEE TO PREPARE STATEMENTS FOR THE VOTERS PAMPHLET ON A PROPOSED CHARTER AMENDMENT (AB2008-017) 1. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. APL08-0003, FILED BY LARRY STONER FOR MIKE AND LAURIE RICHARDSON, REGARDING A REQUEST FOR A BOUNDARY LINE ADJUSTMENT IN THE AGRICULTURE ZONE (AB2008-228) 6. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2008-018) OTHER BUSINESS ADJOURN The meeting adjourned at 7:15 p.m. Committee of the Whole, 8/5/2008, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2008. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair Committee of the Whole, 8/5/2008, Page 2 185 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 51 52 53 WHATCOM COUNTY COUNCIL Regular County Council August 5, 2008 Council Chair Carl Weimer called the meeting to order at 7:22 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 Absent: None Weimer made announcements from the Committee of the Whole meeting: 3. DISCUSSION REGARDING GARBAGE AND RECYCLING ISSUES (AB2008-018) See Other Business for the announcement of this item. 4. DISCUSSION REGARDING VIDEO RECORDING EQUIPMENT PURCHASE OPTIONS (AB2008-017) This item was not announced. 5. DISCUSSION AND POSSIBLE APPOINTMENT OF THREE MEMBERS TO SERVE ON A "PRO" COMMITTEE AND THREE MEMBERS TO SERVE ON A "CON" COMMITTEE TO PREPARE STATEMENTS FOR THE VOTERS PAMPHLET ON A PROPOSED CHARTER AMENDMENT (AB2008-017) Weimer stated Councilmembers Nelson and Brenner will be on the "pro" committee. Councilmember Crawford and citizen Bob Wiesen will be on the "con" committee. Each of those two committees will appoint a third member. 6. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2008-018) Caskey-Schreiber moved to allow the County Executive to enter into a settlement agreement with Mayor Pike regarding the Landscape Plan and authorize the Executive to sign that settlement. Motion carried 5-2 with Nelson and Crawford opposed. 2. DISCUSSION WITH CHIEF DEPUTY PROSECUTOR RANDALL WATTS REGARDING PENDING LITIGATION (AB2008-018) Whatcom County Council, 8/5/2008, Page 1 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 51 52 53 Crawford moved that the County provide legal representation for the Sheriff's Office in a matter of litigation. Motion carried unanimously. 1. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. APL08-0003, FILED BY LARRY STONER FOR MIKE AND LAURIE RICHARDSON, REGARDING A REQUEST FOR A BOUNDARY LINE ADJUSTMENT IN THE AGRICULTURE ZONE (AB2008-228) Crawford moved to uphold the Hearing Examiner's decision. Motion carried unanimously. Caskey-Schreiber stated these folks have an option to lease their land to promote agriculture. It is a nice solution that the Planning Department came up with. SPECIAL PRESENTATION 1. COUNTY EXECUTIVE PETE KREMEN TO READ A PROCLAMATION FOR PURPLE HEART DAY PROCLAMATION (AB2008-017) Pete Kremen, County Executive, read the proclamation into the record. MINUTES CONSENT 1. REGULAR COUNTY COUNCIL FOR JULY 8, 2008 Caskey-Schreiber moved to approve the minutes. Motion carried unanimously, OPEN SESSION The following people spoke: (Clerk's Note: Upon request, the following comments from Johnnie Grames and Councilmember Caskey-Schreiber are transcribed verbatim.) GRAMES: Johnnie Grames, uh, 1506 E. Maplewood Avenue, and uh, I've been using purple heart stamps. Now they're $.42. Um, last time I couldn't speak about the jails, uh, because it was a public hearing, and it was jammed up, and I guess there was no opposition and no dissent. Um, and I asked to speak this afternoon, I asked the Chair of the Finance Committee. Everyone was here except for Caskey-Schreiber. And, um, but, uh, because uh, Richard, um, Maneval got to speak on the preliminary plan, and uh, he were calling the Law and Justice Council a committee. They're a council like you guys are. And, uh, you asked, uh, Mr., Whatcom County Council, 8/5/2008, Page 2 187 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 51 52 53 Mr. Desler a question about the preliminary plan, and he's on the committee, and they've also hired, uh, uh, a architectural firm to uh, uh, advise them on, um, what, how to plan for this $100 million jail. And uh, you know, I've tried to go to their meetings and also, um, uh, find out exactly what's going on because it's, it's all behind the scenes, and uh, all these people are lobbying each other. And uh, so I might say at this point that when something goes to the voters, that's democracy. And when something goes to the Council like the budget, that's representative democracy. When nothing goes to either one, there's a lot of names. I won't put a label on that, but it's not a no-brainer. And, uh, I, you know, I'm, I'm concerned about it. Because, you see how nice sunshine is. And, the, the Law and Justice Council, they don't keep minutes, uh, they don't tell anyone, you know, what's going on. And uh, I don't, and then also you, you people you didn't show, don't show up there. And then I might, just in closing, uh, I brought up last time that, uh, Schreiber has a conflict of interest. And if it was a real election, in a democracy, she would have to disclose that her husband, who she shares salary and perks and promotions with, uh, CASKEY-SCHREIBER: Mr. Grames, this Council appointed my husband to the Law and Justice Council. GRAMES: I don't think you should have voted. CASKEY-SCHREIBER: I think I did recuse myself, for the record. Dennis Jones, 1487 Sudden Valley, displayed an electric outboard motor that can replace a 1-15 horsepower gas motor. Energy can be regenerated by wind or hydropower. It's efficient. Regarding the Lake Whatcom Management Plan, they can find consensus and agreement. Sudden Valley represents about 40 percent of the watershed runoff, roads, and money. He thanked Councilmember Nelson for helping the Sudden Valley community. Sudden Valley is a unique community in many ways. It capped its population and created an extensive runoff system, but the system has never been finished. The system should be finished. He is looking for matching funds to complete the stormwater runoff system in Sudden Valley from a bio-swale system to a cascading system, concurrent with the Lake Whatcom Management Plan. Mike Abendhoff, British Petroleum (BP), stated he asks the Council to delay its decision regarding the amendments to Shoreline Master Program. Allow the public time to review the amendments. Jodie Read, Alcoa Intalco Works, stated she asks the Council to delay its decision regarding the amendments to Shoreline Master Program for a couple of weeks. She is concerned about amendments. Give the public time to consider the amendments. Mary Dickinson, Building Industry Association of Whatcom County Governmental Affairs Director, stated she has the same request as the previous speakers. Defer approval of the Shoreline Management Program until there is public notice and a public hearing. Whatcom County Council, 8/5/2008, Page 3 im 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 51 52 53 They can't change an ordinance by resolution. According to the County Charter, changes that have force of law must be adopted by ordinance. Suzanne Dougan, Windermere Real Estate, stated she represents a builder with an approved plat. There has been a lot consolidation signed off on February 12, 2008, which was ongoing since March 2000. They were unaware that this has finally gone through. The builder is appealing what is happening. A current house sits on a property he can't sell. According to the County, two more lots have to be added to the house. It will not be economically feasible for the builder to proceed. There is a current purchase and sale agreement with someone who wants to buy the property. She's pleaded with County staff about expediting this item. The owner may lose the sale. The owner was not ever told that there would be lot consolidation from seven buildable lots to four buildable lots. Please expedite this process for the builder. Public notice seems to be the issue quite a bit, in the sense of people not knowing what is going on. They need better public notice. PUBLIC HEARINGS 1. ORDINANCE (INTERIM) RELATING TO TRANSPORTATION CONCURRENCY MANAGEMENT ESTABLISHING DEVELOPMENT REVIEW PROCEDURES ENSURING THAT ADEQUATE TRANSPORTATION FACILITIES ARE AVAILABLE OR PROVIDED CONCURRENT WITH DEVELOPMENT, IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT (AB2008-091A) Weimer opened the public hearing and, hearing no one, closed the public hearing. Caskey-Schreiber moved to adopt the ordinance. Brenner stated she is against the ordinance. The narrative talked about it being interim since 2007, however this has been in effect for longer than that. The Council was told that it would receive the final draft in six months from the date the initial ordinance was adopted. This interim ordinance says it will only be in effect for a short time, until the final ordinance would be brought forward. However, the Council was told that four years ago. It's deceitful. They haven't done something they said they would do. This is just an ordinance that says they will develop an ordinance. Caskey-Schreiber stated it has been a long time, but the interim ordinance protects them if they need to collect fees for big developments that affect road projects. Without the interim ordinance, they lose that tool. Planning Director Stalheim has made the permanent ordinance a priority for next year's work plan. Former Planning Director Hart was very convincing about how the County needs this to do anything related to a mitigation impact fee. Brenner stated Mr. Hart wasn't assertive, and used a lot of subjective words, but there wasn't any mention of this protecting something in the interim. She can't support it any more. It hasn't gotten them anywhere. She wants to see a final ordinance. David Stalheim, Planning and Development Services Department Director, stated the Planning Commission is having a public hearing next week on the permanent concurrency ordinance and transportation impact fee ordinance. As soon as the Planning Commission is done with those ordinances, they will come to the Council. The concurrency requirement from the interim ordinance is used on any major development project, regardless. The Growth Management Act requires a concurrency ordinance. Whatcom County Council, 8/5/2008, Page 4 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 51 52 53 Brenner stated concurrency was already required through the County Code. This interim ordinance was to help the County figure out what it wants in the final concurrency ordinance. This is not an ordinance to get transportation concurrency. It's a blueprint on how to get a transportation concurrency ordinance. It should be called a strategy. Stalheim stated the exhibit is very specific about how to do transportation concurrency. The permanent ordinance is very similar to this, except this doesn't include the fee portion. Motion to adopt carried 5-2 with Brenner and Crawford opposed. 2. ORDINANCE REVISING WCC 3.40, TAX ON BINGO, RAFFLES, PUNCHBOARDS AND PULL TABS, TO LEVY A TAX OF TEN PERCENT OF GROSS REVENUE ON PUBLIC CARDROOMS (AB2008-281) Weimer opened the public hearing and, hearing no one, closed the public hearing. Caskey-Schreiber moved to adopt the ordinance. Brenner stated this is a tax on gross, not net. That will put a card room out of business. She asked if they are trying to put them out of business. If they don't want card rooms, they should just say that. She isn't pleased with the ordinance, and won't support it. Nelson stated they had eliminated the taxes. He asked how this came forward, again. He asked who this benefits, and the amount that would be collected. Steve Oliver, Treasurer, stated the County currently taxes all other forms of gambling in unincorporated areas. The County Council chose to authorize card rooms in unincorporated Whatcom County, and there is no tax for card rooms. This tax would make the County consistent with the City of Bellingham. If approved, the tax would affect one business in Whatcom County, which is a card room in Point Roberts. There is one card room that operates in unincorporated Whatcom County. Nelson stated this tax is supposed to help law enforcement. It's not justified. Fleetwood stated there isn't a clear statement in the ordinance of the public purpose. Oliver state the State law allows a local option tax. The tax collected must be used for law enforcement purposes related to gambling enforcement. Caskey-Schreiber stated this makes the County equal to what the cities tax. The County may not want an incentive for card rooms and similar things in unincorporated areas. Crawford stated they want to ensure a level playing field when it comes to taxes. That makes sense. They currently tax other forms of gambling. It makes sense for the regulatory structure to be consistent when it comes to gambling. It makes sense for the proceeds to go to law enforcement. Brenner stated the ten percent of gross is too much. Nelson stated he appreciates being consistent, but law is for a reason. A tax is for a benefit. The benefit described is for law enforcement. Card rooms have not blossomed around the county because of the tribal casinos. He won't support the ordinance. Whatcom County Council, 8/5/2008, Page 5 190 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 51 52 Brenner asked the tax collected on bingo. Oliver stated they collect two percent from bingo and nonprofit pull tabs. They collect five percent from pull tabs. Kelly stated he heard that another county taxes at 12 percent. Oliver stated the State law allows a tax up to 20 percent of the gross. Some counties do levy a tax as high as 20 percent. Motion to adopt carried 5-2 with Nelson and Brenner opposed. 3. ORDINANCE REGARDING ESTABLISHMENT OF A SCHOOL SPEED LIMIT ZONE ON YEW STREET (AB2008-282) Weimer opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. Motion carried unanimously. 4. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2009-2014 (AB2008-262) Weimer opened the public hearing and the following people spoke: Carol Sandvig, 8212 Birch Bay Drive, stated she would like to know about the project on Lincoln Road at Birch Bay. The County promised and funded the project in 2005. It was to have started in 2008, including right-of-way acquisition. She asked where the money has gone, if it was completely funded in 2005. Doralee Booth, 8188 Birch Bay Drive, stated Birch Bay has done a lot of planning for the future. The Council has made promises to reconstruct Lincoln Road since 1992. The project has yet to begin. The County should honor its promise made to Birch Bay. Begin implementing the Birch Bay transportation plan. She read goals from the plan. The County promised $5 million in 2005. She would like to know where the money went. Birch Bay was for many years the fastest growing community in the county. (Clerk's Note: End of tape one, side A.) Dennis Sandvig, 8212 Birch Bay Drive, stated it seems like they are at the bottom of the list to get anything done. This may be a way to get them to incorporate. They've been treated shabbily. Promises are not being kept. The only way anything will get done in Birch Bay is if they incorporate. The Fire District is doing the same thing. Hearing no one else, Weimer closed the public hearing. Brenner asked why the money is not now available. Joe Rutan, Public Works Department, stated that since the Council passed the 2008 Six -Year Transportation Improvement Program in July 2008, more information came forward on the Pole Road and Hannegan Road project. When they put together the annual program, Lincoln Road was divided into two projects. They have worked diligently on the Whatcom County Council, 8/5/2008, Page 6 191 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 51 52 53 project. The design is 90 percent complete. They are ready to move forward with right-of- way acquisition. The five projects moving forward are heavily grant -funded. The two big projects they want to get done are Yew Street and Lincoln Road. The Lincoln Road project is number two in priority. The only funding for it now is grant funding in the amount of $500,000 in rural arterial preservation (RAP) funds. Frank Abart, Public Works Department Director, stated funding is a problem. In 2005, the project estimate was $5.5 million. The Lincoln Road project is now estimated at $12.5 million. The Yew Street Road project went from $3 million to $12 million over the same period. Construction costs have exploded in the last few years. There is a world demand for construction materials. Rutan stated right-of-way acquisition is also four to five times as expensive. Caskey-Schreiber stated money just isn't available. The road fund is in dire straits. Building permits have greatly declined. Lincoln Road will get done at some point. Given the road fund decline, she's not sure when that will be. Nelson asked if there other ways a community can put in a road, such as road improvement districts, transportation impact fees, and other things. Rutan stated the transportation impact fee ordinance will come before the Council soon. The Lincoln Road project is key to that ordinance. They are still seeking other grant sources. Abart stated they haven't given up on the project. It's still an important improvement they are pursuing. Brenner asked what has changed in the past year. Abart stated they indicated last year that they were drawing down the fund balance, but they didn't emphasize it. Now the fund is drawn down further, and there are no reserves. That makes him nervous. They need to keep a balance for bills and payroll. A budget of $3 million to $5 million is minimal for this type of public operation. Rutan stated they had shown the fund being drawn down to about $1.8 million at the end of 2008. When they did the annual plan, the fund balance became even more drastic, which is why they divided the Lincoln Road project. Since then, gas and oil prices have risen. Chip seal costs have quadrupled. It's a difficult time for the road fund. Abart stated they project a fund balance of $3.133 million at the end of 2009. Weimer asked the balance of the real estate excise tax (REET) II fund. Dewey Desler, Deputy Administrator, stated the balance is $8 million projected to the end of the year. The money they've spent on REET II have been on small parks projects. The administration is working on the 2009 REET II budget for these projects. They may also use Economic Development Investment (EDI) funds. Caskey-Schreiber stated they started on this path of a reduced fund with the Park Road, Frost Road, and Sudden Valley bridge projects, all if which Councilmember Brenner voted for. Consider using REET II funds, but they will need that fund for stormwater fixes. That money can be used for stormwater upgrades, retrofits, and new systems. REET II is a way to maintain parks, which has no dedicated revenue stream. Whatcom County Council, 8/5/2008, Page 7 192 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 51 52 53 Brenner stated those three projects mentioned had to do with safety issues. She will always support projects that fix safety issues. Lincoln Road is becoming a safety issue. Begin putting money toward it now. Rutan stated Councilmember Brenner is talking about the clear zone recovery area. In the past two weeks, there have been three fatalities on County roads, where people have hit fixed objects in the clear zone recovery area. This is very important. That's why the revised Lincoln Road project allows clear zone recovery areas. Paved shoulders, for example, create a safer scenario. They need to preserve the pavement on Lincoln Road. Brenner asked if there is a way to deal with the safety issues on Lincoln Road rather than doing all the things that everyone wanted. Rutan stated the revised project is essentially a structural overlay of the existing pavement and six- or eight -foot paved shoulders. The revised project doesn't include the off -site trail or roundabouts. The first phase would cost about $3 million. Brenner stated there is money to get started on that revised project, rather than postponing it for longer. Abart stated that if the Council approves Attachment E as part of the plan, the staff will proceed with the project if it finds the funding or gets grants. Brenner asked how much they used from the EDI fund for the Pole Road and Hannegan Road intersection. Rutan stated they used $1.5 million this year. Abart stated they will use $1.5 million for next year, also. Brenner stated that with the EDI funds and REET II funds, they should be able to cover the safety issues of phase one. Rutan stated the County may get an additional grant of $1.9 million from the State. He will find out this fall. Caskey-Schreiber stated they still have to solve the issue with Mr. Bovencamp's section of the road. The first leg from Birch Bay Village is not complete. Pursue the State grant for the County's share. She hopes Mr. Bovencamp will finish his part of the road. It's not a simple issue. Rutan stated other projects along this corridor affect the area. Weimer asked the difference between approving Attachment E versus waiting for the budget to develop to see how they want to use EDI and REET II funds. Rutan stated the attachments are simply for information. Attachments A through D go with the memo, not the resolution, which has two exhibits. Brenner stated the most dangerous sections of the road are the County's responsibility, not Mr. Bovencamp's responsibility. Begin working on it with whatever money there is. She asked what right-of-way they need. Rutan stated the only right-of- way they've bought is for wetland mitigation. They would have to buy strips of property for one mile along the road. They would have to buy property for detention and treatment facilities. They have spent about $300,000 on Lincoln Road so far, for design. They spent $160,000 for the wetland mitigation. Whatcom County Council, 8/5/2008, Page 8 193 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 51 Brenner asked what happened to the $5.5 million referenced in the letter from 2005. Rutan stated it is not a budgetary document. It's a planning document. They use the six - year plan to create the annual program. They use the annual program to create a budget. The budget they've gotten every year has included design and a little bit of right-of-way. They have not requested any money for construction. Abart stated that if they request the money to build what was committed in 2005, it would cost $12.5 million. Caskey-Schreiber moved to approve the resolution. Brenner suggested a friendly amendment to include attachment E as part of the six -year program. Add that amount of money to the plan over the next two years for Lincoln Road. Split it the same way they did with the Pole Road and Hannegan Road project. Caskey-Schreiber stated they didn't use REET II funds for the Pole Road and Hannegan Road project. The Council would have to go through the EDI Board process to use EDI funds. Bring it up during the budget process. Abart stated Attachment E is already in the six -year program. It includes clarifications on how and whether the County gets funding related to grants. The only reason REET II is listed is because it was discussed. No one should get an impression that REET II funds will be used in any way here. They can approve the resolution with or without Attachment E. Approving Attachment E gives him better direction. Weimer stated that either way, they only have $500,000 for Lincoln Road in the plan. The motion to approve includes the resolution and all the attachments. Motion to approve the resolution passed 6-1 with Brenner opposed. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. Motion to approve Consent Agenda items one through three and six through eight carried unanimously. 1. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD THE BID AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SOLE BIDDER, PUGLIA ENGINEERING FOR ANNUAL DRYDOCK REPAIRS AND MAINTENANCE FOR THE WHATCOM CHIEF FERRY IN THE AMOUNT OF $371,664 (AB2008- 291) 2. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE NORTHWEST RESOURCE ASSOCIATES FOR A PROGRAM EVALUATION OF THE WHATCOM HOMELESS SERVICE CENTER IN THE AMOUNT OF $22,300 (AB2008-292) Whatcom County Council, 8/5/2008, Page 9 194 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 51 52 53 3. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A WASHINGTON STATE CONTRACT WITH DELL FOR THE PURCHASE OF COMPUTER EQUIPMENT IN THE AMOUNT OF $44,413.75 (AB2008-293) 4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND JONES & STOKES ASSOCIATES, INC. FOR CONSULTING SERVICES RELATED TO UPDATING THE WHATCOM COUNTY COMPREHENSIVE PLAN IN THE AMOUNT OF $150,000 (AB2008-294) Nelson moved to approve the request. Brenner stated she is against the request. Portions of it is duplicative. Don't spend money on another consultant. This consultant is supposed to pull information from different committees. That is the function of the County Planning Department. Those committees are self-sufficient, and can bring their own committee reports directly to the County Council. The County Council could work on it in committee. The Council Planning Committee could then put forward priorities. The Growth Management Act doesn't require many of the intricate ways they do things. It only requires they get it done, but doesn't specify how intricate it has to be. They've already set up committees to do these things. Motion to approve carried 6-1 with Brenner opposed. S. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MAKERS ARCHITECTURE AND URBAN DESIGN FOR CONSULTING SERVICES RELATED TO ENSURING THAT ADEQUATE PUBLIC PARTICIPATION AND ANALYSIS IS PROVIDED TO ADDRESS THE REQUIRED COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS TO MEET THE REQUIREMENTS OF THE GROWTH MANAGEMENT ACT IN THE AMOUNT OF $50,000 (AB2008-295) Nelson moved to approve the request. Brenner stated she is against the request, for the same reasons as stated for the previous item. Revisit the architectural expenses for the Northwest Annex. Motion to approve carried 6-1 with Brenner opposed. 6. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ACCENT BUSINESS SERVICES, INC. FOR CONSULTING SERVICES FOR THE DEVELOPMENT OF THE PROJECT STATEMENT OF WORK FOR REPLACEMENT OF THE ASSESSOR/TREASURER PROPERTY TAX SYSTEM AND SOFTWARE VENDOR CONTRACT NEGOTIATIONS IN THE AMOUNT OF $ 24,394 (AB2008-296) 7. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH THE WASHINGTON STATE MILITARY DEPARTMENT TO SUPPLEMENT THE WCSO-DIVISION OF EMERGENCY MANAGEMENT'S OPERATING BUDGET IN THE AMOUNT OF $51,286 (AB2008-297) 8. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND SNOHOMISH COUNTY FOR Whatcom County Council, 8/5/2008, Page 10 195 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 51 52 53 THE FFY2006 STATE HOMELAND SECURITY GRANT PROGRAM IN THE AMOUNT OF $18,437.00 FOR A TOTAL AMENDED AMOUNT OF $193,045 (AB2008-298) OTHER ITEMS 1. RESOLUTION RESCINDING, IN PART, RESOLUTION 2008-016, PROVIDING FOR THE PUBLICATION OF BOARD OF SUPERVISORS ACTIONS AND ADOPTING OPERATING RULES FOR SUBZONE ADVISORY COMMITTEES (AB2008-284) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Motion carried unanimously. 2. ORDINANCE RESCINDING PARTS OF ORDINANCE 98-085 AND RESCINDING WHATCOM COUNTY CODE CHAPTER 2.93 IN ITS ENTIRETY (AB2008-285) Weimer reported for the Natural Resources Committee. Brenner moved to adopt the ordinance. Motion carried unanimously. 3. RESOLUTION AUTHORIZING THE PURCHASE OF CONSERVATION EASEMENTS ON THE BOUCHARD TJOELKER FARM PROPERTIES (AB2008- 289) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Motion carried unanimously. 4. REQUEST COUNCIL AUTHORIZATION FOR THE CHAIR TO SIGN THE FINAL PLAT MYLAR FOR SCHOLTEN SHORES LONG PLAT (AB2008-273A) Fleetwood reported for the Planning and Development Committee and moved to approve this and the following two requests. Motion carried unanimously. 5. REQUEST COUNCIL AUTHORIZATION FOR THE CHAIR TO SIGN THE FINAL PLAT MYLAR FOR WISER REACH LONG PLAT (AB2008-273B) See Other Item Four for approval of this item. 6. REQUEST COUNCIL AUTHORIZATION FOR THE CHAIR TO SIGN THE FINAL PLAT MYLAR FOR SHUKSAN HIGHLANDS PHASE I (AB2008-273C) See Other Item Four for approval of this item. Whatcom County Council, 8/5/2008, Page 11 196 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 51 52 53 7. APPOINTMENT TO FILL A VACANCY ON THE SUMAS/EVERSON/ NOOKSACK FLOOD CONTROL SUB -ZONE ADVISORY COMMITTEE (APPLICANT - ED BOSSCHER) (AB2008-301) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Crawford moved to appoint Ed Bosscher. Motion carried unanimously. OTHER BUSINESS Weimer reported for the Committee of the Whole and stated the committee held a discussion regarding garbage and recycling issues (AB2008-018). The Council directed staff to work out a deal in Point Roberts to make garbage and recycling collection go more smoothly up there. Brenner reported for the Public Works and Safety Committee and stated there was discussion of a proposed ordinance amending Whatcom County Code Section 8.10.050, residential recycling collection (AB2008-287). The committee moved to look at all solid waste issues relating to Point Roberts. Nelson stated the committee requested that the Solid Waste Advisory Committee (SWAC) review the ordinance that Councilmember Crawford brought forward regarding solid waste and recycling programs, including impacts with the regular waste materials picked up in Point Roberts. Brenner moved that the Solid Waste Advisory Committee (SWAC) look at all solid waste issues and review the ordinance that Councilmember Crawford brought forward regarding solid waste and recycling programs, including impacts with the regular waste materials picked up in Point Roberts, and come back to the Council with a recommendation. Motion carried unanimously. Weimer reported for the Natural Resources Committee and the Planning and Development Committee on the update and discussion regarding Whatcom County's Shoreline Management Program approval (AB2008-261A). There is a resolution approving the State Department of Ecology's (Ecology) approval, with required and recommended changes, of the Whatcom County Shoreline Master Program. He moved to approve the resolution. Brenner stated she is not convinced they can do it by resolution. There is no problem with waiting until the public has looked at this information. The loss of the public process is more important than the possible problems that may occur if they don't respond. Many people haven't seen this or just found out about it today. It wasn't on the Council agenda. Barry Wenger, Washington State Department of Ecology, stated he will suggest additional changes he's found as necessary since their discussion this afternoon. (Clerk's Note: End of tape one, side B.) Whatcom County Council, 8/5/2008, Page 12 197 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 51 52 53 Nelson stated the process is awkward. He described the process. Even though the Council has concerns, they won't have anything if they don't accept this. The resolution has no force of law. He asked if the resolution would connect the current ordinance with Ecology's changes until September. Then the Council would have another hearing in September. He asked the process to make changes to the plan if the Council decides after the public hearing that it can't agree to Ecology's recommended and required changes. Wenger stated that the plan becomes effective as a State law as soon as Ecology receives a letter from anyone in the County government accepting the changes. If the changes are different from what the Council already adopted, the County has to go back and change its ordinance through the County process. However, it can be implemented through the State as a State law as soon as Ecology approves the plan. It is implemented jointly with the County. Introduce the ordinance to schedule a public hearing on these changes. In the meantime, the County won't have a critical area ordinance because of the recent Supreme Court decision. He doesn't know how much of a problem it will be to not have the critical areas ordinance during this time, but the risk is probably low. He agrees that the public should look at the changes. The County has the option to not send a letter of approval to Ecology. The County may also send a letter of approval with exceptions or changes the County wants to make. There are a couple of changes that they need to make from the current recommended and required changes. There are glitches. He will work with the staff on those changes. If the County accepts Ecology's changes as they are, they will have to go through an amendment process to fix those glitches. He doesn't want to do that. Weimer asked if it would be easier for Mr. Wenger to fix the glitches than for the County to fix them through a public hearing. Wenger stated the best thing is for him to work with County staff. Weimer asked if the changes will be substantial. David Stalheim, Planning and Development Services Department Director, stated he doesn't know if the changes will be substantial. He encourages written input from the community in the next two weeks, and staff will create a package of information for the Council to go through at the public hearing. Most of it is refining the wording, and the proposed changes won't be large. Weimer stated they can review changes at the first meeting in September, and then send a letter to the Department of Ecology in September. Kelly asked about the gap in protection created by the Supreme Court ruling. That's his biggest concern. Wenger stated that gap is there. It's a concern. It will exist for a short period of time, until the Council adopts the changes. The existing Shoreline Master Program has some language to prevent people from doing really bad things. Stalheim stated the legislature determined in 2003 that the shoreline program and growth management need to be integrated. The Shoreline Master Programs had to be as protective as the critical areas ordinances. That's why the new Shoreline Master Program dovetails with the critical areas ordinance. However, the Supreme Court threw out the critical areas ordinance, so they don't have two sets of regulations on one resource. The 1998 Shoreline Master Program was built around the theory that the critical areas ordinance was in place at the time. It was standard practice for jurisdictions to have shoreline rules and critical areas rules written separately, but compatibly. The 1998 Shoreline Master Whatcom County Council, 8/5/2008, Page 13 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 51 52 53 Program does not have the same level of protection as the critical areas ordinance, so there is an issue. During this period of time, an applicant would have to submit a complete application and meet all the application requirements to be vested. They are weighing the need for public input for those risk issues. Weimer stated that the Supreme Court last week removed the critical areas ordinance from the Shoreine Master Program. If the County doesn't have a new plan with stronger protection, it will lose protections for the next 30 days, while the Council waits to have a public hearing in September. The chance is that not a lot of things will come forward, but there is a chance. Brenner stated the County still has very good protections in place, with the 1998 plan, even without the critical areas ordinance. Weimer withdrew his motion to approve the resolution. Mr. Wenger said he has found glitches, and it's a much bigger process to fix them if they move forward with the resolution. Kelly moved to approve the resolution. Nelson stated he thanked Mr. Wenger for working on this issue with the County for years. He appreciates all that Mr. Wenger has done, and hopes that everything Mr. Wenger has learned can be applied to other communities. Caskey-Schreiber stated she's torn. She's nervous about potential appeals and applications that may come forward. She would rather risk having Ecology go through its correction nightmare than risk the County having to go back to 1998 standards. Crawford asked if Councilmember Kelly would withdraw his motion to approve the resolution if he moved to approve an emergency moratorium on applications for substantial shoreline development permits, shoreline conditional use, and shoreline variances effective for 60 days or until the Council approves its shorelines ordinance, whichever comes first. Kelly stated he would accept the friendly amendment if staff can assure him that they cover the gap, and it's legal to do that. He doesn't want to risk the environment for something that no one seems to understand and on which everyone says something different. He trusts Mr. Wenger's judgment, but he has gone back and forth on this. What they've gained in protection since 1998 is not worth risking for someone to get vested in something large. He has no idea what this means for riparian zones of small forested landowners and other important salmon recovery areas. He asked if that suggestion would be legal and would meet his needs. Crawford stated that when immediate action is necessary to protect the public or forestall activities that could undermine future changes being developed for the Comprehensive Plan, emergency moratoria can be useful. Additional coordination needs to be done to be sure all procedural requirements are met. Because the action of implementing a moratorium is immediate, State Environmental Policy Act (SEPA) review must comply with the emergency provisions provided in the categorical exemptions section of SEPA. The SEPA official must determine that the proposed action is an emergency as defined by the Washington Administrative Code (WAC) 197-11-880. He read WAC 197-11- 880. The Planning Director or designee can act as the SEPA official tonight and give the Whatcom County Council, 8/5/2008, Page 14 199 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 51 52 53 Council an assurance that a determination can be made, that this constitutes an emergency. He asked if they can do an emergency ordinance without findings and an emergency ordinance document. Karen Frakes, Prosecutor's Office, stated the Council needs a written emergency ordinance to take action. The Council could take a break and write one for consideration tonight. Crawford stated that is a more desirable alternative to approving a letter saying the County agrees with Ecology. Ecology has also overlooked things. He is not usually in favor of moratoria. He speculates that the shoreline substantial development application process is big enough that a person will not likely be impacted much by a month's delay. He would rather do this than send a letter to Ecology that doesn't reflect what the Council or community wants for its shorelines. Brenner stated she doesn't believe that people won't likely be impacted much. There won't be significant harm because they have a strong 1998 program. The votes aren't there to approve the resolution. She will support it since it's there, if that's the wish of the Council majority. Despite what Councilmember Kelly says, she knows the 1998 program is good. Crawford asked if the administration is willing to provide that SEPA assurance that they would need for an emergency ordinance. Stalheim stated the reference to SEPA in the categorical exemptions probably has to do with subjects not previously discussed. The Shoreline Master Program went through environmental review. The SEPA call has already gone through SEPA review. They don't have to do any additional SEPA review. Everything read from the WAC has to do with categorical exemptions. Fleetwood stated he would support an emergency moratorium. That process would be cleaner. None of them have reviewed the proposed changes to the degree they would like. An emergency moratorium would solve the problem. Nelson asked if an emergency moratorium can be designed specifically to critical areas. He asked if a project with no impact to critical areas would still be held up by a moratorium. Stalheim stated it depends on how the ordinance is written. Fleetwood stated it would be specific to an area, the shoreline management zones, rather than the critical areas ordinance. Nelson asked if all applications for shoreline permits require critical areas review. It wouldn't make sense to hold up those types of applications. Crawford asked how many applications they've received recently. Stalheim stated they must be careful about classifying the types of permits. A fourth category would be all development permits that are subject to shoreline rules, but are exempt from permit requirements. The bulk of the activity in the program is exempt from some kind of shoreline permit requirement, such as single family homes, docks, and other things. Everything under the dollar threshold are all exempt from permit requirements. That's 75 percent of their regulated shoreline activities. Crawford stated they are not affected by the critical areas ordinance if they are exempt. Stalheim stated they are exempt from a shoreline permit, but they are subject to critical areas ordinance regulations. They would no longer be subject to critical areas Whatcom County Council, 8/5/2008, Page 15 200 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 51 52 ordinance regulations. They are exempt from a permit under the Shoreline Master Program. They are not exempt from the regulations of the Shoreline Master Program. Chad Young, Planning and Development Services Department, stated they have received about five substantial development permits, a couple of variances, and a couple of conditional use permits in the past four weeks. They've probably done 40 exemption reviews. Kelly asked if they would anticipate more, with this ruling. Young stated every single family residence permit that comes in within the shoreline jurisdiction is an exemption review. They see four or five per week. If they trigger certain thresholds, they are no longer eligible for exemption review and become substantial development permits. Crawford stated that if they hold up 20 or 30 residential permits in the next month, he is more reluctant to do an emergency ordinance. Caskey-Schreiber asked if they can amend the resolution to change some of the recommendations from Ecology. Brenner stated that ignores and makes a sham of the public process. Caskey-Schreiber stated there isn't an intent to sham the public process. There is an intent to uphold what they already worked on for years. That public process deserves respect, as well. Many hours of meetings took place to craft the Shoreline Master Plan. Don't abandon it at a whim. Wenger stated that as nice as the moratorium may sound, it's problematic. There are court decisions that have been struck down. There is no provision in the Shoreline Act to have moratoria. Caskey-Schreiber suggested a friendly amendment to approve resolution with an amended version of Exhibit B to delete the following revisions: • Page 73 - Ch 23.90.06.B.2 - Vegetation Conservation - Regulations, and • Page 74 - Ch 23.90.06.B.6 and 7 - Vegetation Conservation - Regulations Weimer asked if this will protect the County for the next 30 days. Wenger stated it will protect the County with the critical areas ordinance. Nelson stated they are talking about approving this without having a chance to look at this and without giving the public a chance to respond. He asked what happens if the Council decides next month that it doesn't like some of these changes. Wenger stated they would put together an amendment. That process would take a few months, once it reaches Ecology. (Clerk's Note: End of tape two, side A.) Kelly accepted the friendly amendment. Peter Gill, Planning and Development Services Department, stated the committee discussed other proposed changes to Exhibit B: • Page 187 - Ch. 100.17.A.5 - CPMA - Shoreline Ecological Functions and Processes - To be consistent with... functions and processes should be Whatcom County Council, 8/5/2008, Page 16 201 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 51 52 53 assessed weighed with the other long-term statewide eeerreing+c benefits interests. Page 189 - Ch. 100.17.B.3 - CPMA - Critical Areas - In order to provide equal or better critical areas protection this section needs to reference Ch 23.90.073, Ecological Protection and Critical Areas as follows, "In addition to meeting the provisions of Ch 23.90.073 Ecological Protection and Critical Areas, Development and alteration...." Nelson asked why they are removing the language "economic benefits" and replacing it with the term "interests." That affects a wide variety of interests that may more or less than any economic interests. Economic interests may not even be weighed. The State wanted to look at the economic impact of anything done out there. Cherry Point is a significant economic resource to this community and to the State. Wenger stated there is language that address those economic interests, but they also have to protect the environment out there. According to the Attorney General's Office, it implies that they don't have to pay as much attention to environmental impacts if they pay attention to long-term economic benefit. Nelson stated the language could be amended, "...functions and processes should be assessed weighed with the other long-term statewide economic its and environmental interests. Crawford stated it's a political question. He won't vote in favor of this resolution. He agrees with Councilmember Nelson. There is significant public concern about this just from this morning. When he gets something like this, he relies on his constituents to review it. The people in Whatcom County are far more expert than he is. He relies on the public to review and present public input to him. He understands the issue given the Supreme Court decision, but he can't agree with these changes. It's a poor way to legislate. Kelly accepted the additional amendments from Mr. Wenger and Mr. Gill. Given the court decision and this unique situation, a unique approach is required. The risk associated with potential losses to the environment outweigh the time it takes to make amendments. Weimer stated he would support the resolution with the amendments. They address the two issues that came from staff and others today. They made Ecology happy. It's tough to weigh the public process against doing what's right for the environment through this process. In the Puget Sound, they always give the public process a higher priority than the natural process. He will support trying to protect the shorelines for 30 days. Brenner stated she will vote against the resolution, but is still voting to protect the shorelines for 30 days with the good 1998 Shoreline Master Program. Weimer stated the critical areas ordinance will not be in place if they fall back to the 1998 Shoreline Master Program. Brenner stated there are plenty of protections in the 1998 Shoreline Master Program without the critical areas ordinance. Weimer stated they are not the same protections. Nelson stated the process is regrettable. It is a mark against Ecology's original attempt to build consensus -based shoreline management. The Council has degraded the Whatcom County Council, 8/5/2008, Page 17 202 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 51 52 work that has gone on the past three years to bring forward a document that is almost complete. He appreciates Mr. Wenger's comments in favor of waiting to make sure a process is in place that other communities can emulate. Motion to approve the resolution with Mr. Wenger's and Mr. Gill's amendments carried 4-3 with Nelson, Brenner, and Crawford opposed. (Clerk's Note: Discussion continued, below.) INTRODUCTION ITEMS Brenner moved to accept the Introduction Items. Motion carried unanimously. 1. RECEIPT OF APPEAL FILED BY DOUGLAS SHEPHERD FOR LYLE AND SUE RADER ON APL06-0035, REGARDING ORDER TO CORRECT ISSUED BY PLANNING AND DEVELOPMENT SERVICES (AB2008-268) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CHAPTERS 20.71 AND 20.80, ON AN INTERIM BASIS, TO ADD LAKE PADDEN AS A WATER RESOURCE PROTECTION OVERLAY DISTRICT, STORMWATER SPECIAL DISTRICT, AND WATER RESOURCE SPECIAL MANAGEMENT AREA (AB2008-094A) 3. ORDINANCE ADOPTING A ZONING TEXT AMENDMENT WHICH WOULD AMEND THE GENERAL COMMERCIAL, LIGHT IMPACT INDUSTRIAL AND GENERAL MANUFACTURING ZONES (AB2008-112A) 4. ORDINANCE (INTERIM) FOR THE UR AND URM ZONING DISTRICTS IN THE BELLINGHAM URBAN GROWTH AREAS RELATING TO DENSITY, LOT CLUSTERING AND RESERVE TRACTS (AB2008-108A) 5. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, NINTH REQUEST, IN THE AMOUNT OF $694,325 (AB2008-299) 6. ORDINANCE AMENDING WHATCOM COUNTY CODE 15.04, BUILDING CODES, REGARDING FEE FOR APPEALS TO THE COUNTY COUNCIL (AB2008-300) 7. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 23, SHORELINE MANAGEMENT PROGRAM REMOVING THE ADMINISTRATIVE PROCEDURES FROM THE SHORELINE MANAGEMENT PROGRAM (AB2008-302) 8. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 23- SHORELINE MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP AND ASSOCIATED PROVISIONS OF WCC CHAPTER 16.16- CRITICAL AREAS, AND WCC, TITLE 20 ZONING ORDINANCE TO UPDATE THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE WASHINGTON STATE SHORELINE GUIDELINES (WAC 173-26) AND OTHER APPLICABLE LOCAL, STATE, AND FEDERAL ENVIRONMENTAL REGULATIONS (AB2008-303) Whatcom County Council, 8/5/2008, Page 18 203 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 51 52 53 OTHER BUSINESS UPDATE AND DISCUSSION REGARDING WHATCOM COUNTY'S SHORELINE MANAGEMENT PROGRAM APPROVAL (AB2008-261A) Wenger stated he agrees with Councilmember Nelson that the process is regrettable. It's not how he wanted to finish this. It would have been different if the Supreme Court hadn't made its decision on the critical areas ordinance. Either way, the County will come out fine. If there are any problems, he vows to get any necessary changes through Olympia as soon as possible. He appreciates all the collaboration from everyone in the community. They should have had more time to talk about these things for the next month. There was an issue about shoreline resources not being defined. It's a broad term. It's in reference to the Cherry Point area. In the Shoreline Act, it means navigation, commerce, deep-sea water -dependent uses, public access, and environmental shoreline resources. The clauses in the Cherry Point section refer to the normal public access provision. Those are still in place. The public access isn't required if there are safety problems, for example. The facility out there will still be completely protected. Crawford stated he reported to the Public Works Committee today about an issue in Columbia Valley regarding junk vehicles and garbage. They are losing the battle up there. It's getting worse. As a County, there's only so much they can do. However, the problems seem to be growing. They've got to do something. He doesn't have a solution yet. Conditions are shocking. The Council, Health Department, and Planning Department should tour the area. Caskey-Schreiber stated she is also very concerned about that area. The County must do more there. The people are typically low-income. The gas price crisis has hit them the hardest, because they have to commute the farthest. If things get too far behind, other problems will grow. Do another garbage amnesty day. Bring in another enforcement position, if necessary. Don't ignore the problem. There are many kids out there. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS There were no reports or other items. ADJOURN The meeting adjourned at 10:03 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on September 9 , 2008. ATTEST: WHATCOM COUNTY COUNCIL Whatcom County Council, 8/5/2008, Page 19 204 1 2 3 4 5 6 Dana Brown -Davis, Council Clerk WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Whatcom County Council, 8/5/2008, Page 20 205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole September 9, 2008 Council Chair Carl Weimer called the meeting to order at 6:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. items. Present: Absent: Barbara Brenner None Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson Nelson moved to go into executive session for 30 minutes to discuss the two agenda Motion carried 6-0 with Crawford out of the room. 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2008-018) 2. CONSIDERATION OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. CUP06-0031, FILED BY WATSON, REGARDING LAKE WHATCOM RESIDENTIAL TREATMENT CENTER / LAKE WHATCOM WATER AND SEWER DISTRICT'S APPLICATION FOR ZONING CONDITIONAL USE PERMIT (AB2007-321B) OTHER BUSINESS ADJOURN The meeting adjourned at 7:00 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Committee of the Whole, 9/9/2008, Page 1 206 1 2 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 Committee of the Whole, 9/9/2008, Page 2 207 WHATCOM .COUNTY COUNCIL AGENDA BILL Nn_ AB2 0 0 8 — 3 21 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assi ned to: Originator: JPR 811512008 O ® 91912008 Public Works Committee & Intro. Division Head: JPR 8/I5/2008 9/23/2008 Pubic Hearing/Adoption Dept. Head: D l;�O 1 � V /� p SEE o 2 Prosecutor: �,�7/0 0 .2008 WHATCONI COUNTY COUNCILtive: Purchasing/Budge AC,/ 8128l08 ExecuLW I v TITL OF DO UMENT.• 2009 Annual Road Construction Program Resolution. ATTACHMENTS: 1. Memo to County Executive and Council 3. 2009 Annual Construction Program 2. Resolution 4. Summary Sheets for Projects Funded in 2009 SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 912312008 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.) Resolution adopting the Whatcom County 2009 Annual Construction Program. The Annual Construction Program is an integral part of the County budget process and reflects the first year of the adopted 2009-2014 Six Year Road Capital Construction Program. COMMITTEE ACTION.• COUNCIL ACTION.• 9/09/2008: Amended and ,forwarded to Council 9/09/2008: Introduced amended version for approval 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 G0NI co JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT Assistant Director/County Road Engineer 3. z� 2011 Young St., Suite 201 ` Bellingham, WA 98225-4052 FRANK M. ABART �y c� Phone: (360) 715-7450 Director �SNIN�+� Fax: (360) 715-7451 MEMO TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council AUG 2 8 2008 THROUGH: Frank M. Abart, Director���� PETE KREMEN 'PUNTY EXECUTIVE FROM: Joseph P. Rutan, P.E. Assistant Director/County Road Engine` DATE: August 15, 2008 SUBJECT: 2009 Annual Construction Program Requested Action Public Works Committee work session and Introduction on September 9, 2008, followed by a Public Hearing and adoption on September 23, 2008. Background and Purpose: RCW 36.81.130 requires the adoption of the Annual Construction Program. Adoption of this program is an element of the County budget process. This Annual Construction Program is identical to the 1st year of the Six Year Transportation Improvement Program (STIP) approved on August 5, 2008, except for the three (3) items noted below: • Lincoln Road is shown with $30,000 for Preliminary Engineering (PE) and Right of Way (ROW) while it does not appear in the first year of the STIP. • Yew Street Road is shown with $30,000 for PE and ROW while it does not appear in the first year of the STIP. • Hampton Road/Mormon Ditch Bridge Replacement, ROW costs increased by $100,000 to $200,000. Information• A proposed resolution is enclosed for your consideration. In addition, each project that has funding available in 2009 has a project summary sheet for your review. If you have questions or require additional information, please contact me at the number provided above. 209 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 51 SPONSORED BY: Consent PROPOSED BY: Public Works INTRODUCTION DATE: 9/9/2008 RESOLUTION NO. ADOPTING THE WHATCOM COUNTY 2009 ANNUAL CONSTRUCTION PROGRAM WHEREAS, pursuant to RCW 36.81.130, the Whatcom County Engineer did file with the Whatcom County Council a recommended plan for laying out, construction, maintenance and special maintenance of County roads for the fiscal year of 2009; and, WHEREAS, the Whatcom County Council held a public meeting on the 23rd day of September, 2008, and has considered the testimony given as well as the recommended plan; and, WHEREAS, the Whatcom County Council had determined that said plan is necessary as nearly as practicable to the Whatcom County 2009-2014 Six -Year Transportation Program, adopted by Resolution 2008-053 August 5, 2008. NOW, THEREFORE, BE IT RESOLVED that the 2009 Whatcom County Annual Construction Program is hereby adopted as shown on the attachment hereto; and, BE IT FURTHER RESOLVED that no changes be made in the program without the unanimous vote of the Whatcom County Council; and, BE IT FINALLY RESOLVED that the 2009 Annual Construction Program be filed with the Director of Highways of the State of Washington. APPROVED this ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney day of , 2008. 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Line (B) the computed day labor limit as per RCW 36.77.065; compute as follows and enter in the Line (B) space (use the larger of the dollar amount or percent limit calculation) : The digital form makes this selection automatically. Counties > 50,000 in population: or Line A amount Limit�%Limit of Line A > $4 million L $4 M) $800,000 15% > $1.5 M to < $4 M $525,000 20% > $500,000 to < $1.5 M $250,000 35% Less than $500,000 $250,000 (or $35,000 per project for entire program) Counties < 50,000 in population: Line A amount Limit L it of Line A > $4 million L $4 M) $880,000 25% > $1.5 M to < $4 M $577,000 30% > $500,000 to < $1.5 M $275,000 45% Less than $500,000 $275,000 (or $38,500 per project for entire program) **** COLUMNAR DATA REQUIREMENTS **** (1) Item No. Use consecutive numbers beginning with 1. No priority is assumed. (2) 6 Year Road program item No. - Use the priority number from column 1 on your most recent 6 year transportation improvement program (DOT Form 140-049). No number is necessary for miscellaneous projects as permitted under WAC 136-16-025. (3) Road Log No. - County road log number (when applicable) as per the current road log as maintained by each county. (4) Road/Project Name and Location - Enter the road or project name and location information as assigned by the county. As appropriate, include mileposts (from county road log), bridge numbers and etc. (5) Project length - Enter the project length in miles. (6) Functional Class - Enter the functional class for the (7) Type of Work - Use one or more of the codes listed. List major work road on which the project is to be located. The codes items first reflecting the nature of the anticipated final project. listed below can be found in the road log. RURAL 02 Principal Arterial 06 Minor Arterial 07 Major Collector (FAS) 08 Minor Collector 09 Local Access URBAN 12 Principal Arterial 13 Principal Arterial 14 Major Arterial 15 Principal Arterial 16 Minor Arterial 17 Collector Arterial 19 Local Access (8) Environmental Assessment - Use the A. GRADING & DRAINAGE B. BASE & TOP COURSE C. B.S.T. / SEALS D. A.0 ./ P.C.C. PAVEMENT E. CURBS AND GUTTERS F. SIDEWALKS G. TRAFFIC FACILITIES H. PATHS, TRAILS, BIKEWAYS I. BRIDGES J. FERRY FACILITIES K. ENVIRONMENTAL MITIGATION L. FISH PASSAGE assessment codes (Reference: State Environmental Policy Act): S = Significant I = Insignificant E = Exempt *** PLEASE NOTE THAT THE DOLLARS IN COLUMNS 9 through 16 REFLECT ONLY THE AMOUNTS AND SOURCES EXPECTED TO BE SPENT DURING THE APPLICABLE CALENDAR YEAR (9) Source of Funds - County - Enter the total amount of county funds estimated for the project (use columns 10 and 11 for RID, developer contributions, and similar non -county funds). (10) Source of Funds - Other Funds - Enter the total amount of other funds estimated for the project. If more than one "other' source (such as RAP + FAS), show each "other' amount separately. (11) Source of funds - Other Funds Program Source - For each "other" source shown in column 10, enter the abbreviation for the source type (ex: RAP, FAS, CAPP, BROS, UAB, TIB, RID, PVT, PWTF, etc.) (12) Estimated Expenditures - Preliminary Engineering - Enter the estimated amount of preliminary engineering expenditures for the project this year. All engineering costs incurred prior to contract award are considered preliminary engineering. (13) Estimated Expenditures - Right of Way - Enter the estimated amount of right of way expenditures for the project this year. (14) Estimated Expenditures - Construction - Contract - Enter the estimated amount of contract construction expenditures, including construction administration and engineering, to be incurred by the county. (16) Estimated expenditures - Construction - Day Labor - Enter the estimated amount of day labor expenditures, including construction administration and engineering, for the project in the program year. Materials incorporated into a day labor project, even though created or supplied by a separate contract (ex: crushing) are to be included in the day labor construction amount. (16) Estimated expenditures - Grand Total - Enter the total estimated expenditures for the project this year. This must equal the sum of columns 12 through 15 and also the sum of columns 9 through 10. The program total of this column should also equal the amount of construction shown in the final annual road budget. Please note that total anticipated costs for Maintenance is required lines per WAC 136-16-035 Please calculate and show your day labor calculations; total all funding and expenditure columns at the bottom of the last page submitted. 213 2009 ACP Narrative List Projected ro Year 2009 # 2009 Project Identification 2009 01 CRP #904002 Hanne an Road / SR 544 Intersection TBD 02 CRP #902008 Lincoln Road - Phase I TBD 04 CRP #998001 Yew Street Road - Phase 2 2009 07 CRP #905002 West Illinois St / Tim son Way 2009 08 ICRP #904016 Hampton Road, Mormon Ditch Bridge #261 2009 09 CRP #908013 Baker Lake Road, Sulphur Creek Bridge #422 2009 10 CRP #904019 Mosquito Lake Road, Middle Fork Bridge #140 2010 13 CRP #907012 Haxton Way Non -motorized Improvements 2009 15 CRP #905017 Clearbrook Rd, Johnson Creek Bridge #302 2012-14 17 ICRP #998027 Potter Road, South Fork Bridge #148 2012-14 23 CRP #908011 Lincoln Road - Phase II 2012-14 28 CRP #908014 Hanne an Road, Scott Ditch Bridge #245 2011 29 CRP #909003 Refurbish / Upgrade of the Whatcom Chief 2009 30 CRP #907002 Ferry Dock Improvements 2009 31 1 CRP #908003 Various Ferry Parking and Staging 2012-14 32 1 CRP #906006 Gooseberry Point Ferry Dock Relocation 2009 33 CRP #909001 2009 Various Bridges Rehabilitation / Replacement 2009 36 CRP#909002 2009 Right of Way Acquisition 2009 37 CRP #909004 2009 Unanticipated Site Improvements TBD = To Be Determined \\E ng-1 \VOL1 \Users\E N G\S HARE D\Annual Road Construction Program\2009 Project Narratives\Narrative List 2009.xls 8/22/2008 214 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Hannegan Road / SR 544 Intersection Signalization - CRP #904002 2009 Annual Construction Program Construction Funding Year(s): 2008- 2009 I Project Narrative: This project is located 4 miles south of the city of Lynden at the corners common to Sections 4, 5, 8, and 9, T39N, R3E. Intersection improvements include installation of a permanent traffic signal with left turn channelization and illumination. This project is listed #1 on the 2009-2014 Six Year Transportation Improvement Program. New Construction Features: Total Width 60' Lane Width 12' Shared Shoulder 5' Curb / Gutter Yes Sidewalk Yes Project Status: Design and Environmental Permitting is complete. RM has been secured allowing utility relocation to to proceed. Construction is scheduled for Fall 2008 through Spring 2009. Project Funding: 2009 Total Federal / State $0 $0 Local $1,910,000 $1,910,000 Total $1,910,000 $1,910,000 Environmental Permitting (Agencies/Permits): ECS, SEPA, CLR/CAO Right -of -Way Acquisition ($ Estimate): $1, 300, 000 Day Labor ($ Estimate): $10,000 ABBOTT RD. STICKNEY p z w N Scott 0, �qND RD- NO TE D. RIVER VA DYK oz i -J N RD. I m m = a o o EVERSpN, + s rWISERLAKE RD E. m w\SLAKE RD.zVAGis r EVERS��ON NTS FountainW. E. BARTLETT z Lake w F-- z G(eeN w 54 E. POLE RD. w o 0 1 ,- J Green z z O Lake 12] =BEARD RD•e p UT CENTRAL W. KING TUT RD. 0 w z p w z ~ TEN MILE RD. 0o 0 _ U W LG" E. HEMMI RD. Fazon Lake hAnnual Road Construction Program\2009 Project Narratives\01 Hannegan Road -SR 544 Intersection Narrative Final 09.doc 215 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Lincoln Road - Phase I - CRP #902008 2009 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located southwest of Blaine in Sections 13 and 24, T40N, R1 E. This phase of Lincoln Road lies between Shintaffer and Harborview Roads. The revised project scope includes: structural overlay of the existing roadway, 8' wide shoulders and minor intersection improvements. This project is listed #2 on the 2009-2014 Six Year Transportation Improvement Program. Reconstruction Features: Total Width 40' Lane Width 12' Shoulder Width 8' Curb / Gutter No Sidewalk No Project Status: Construction is contingent upon obtaining grant funding of $2,400,000. Environmental Permitting and R/W to be completed by late spring 2009, with construction to occur in 2009 - 2010. Project Funding: 2009 Total Federal / State $0 $0 Local $115, 000 $115, 000 Total $115, 000 $115, 000 Environmental Permitting (Agencies/Permits): SEPA, CLR/CAO, Army Corps of Engineers, ESA Right -of -Way Acquisition ($ Estimate): $100,000 Day Labor ($ Estimate): N/A [:\Annual Road Construction Program\2009 Project Narratives\02 Lincoln Road I Narrative Final 09.doc 216 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Yew Street Road - Phase 2 - CRP #998001 2009 Annual Construction Program Construction Funding Year(s): 2010-2011 Project Narrative: This project is located on Yew Street Road, one mile south of Bellingham's city limits, in Sections 4 & 9, T37N, R3E. The revised scope involves two road segments with differing features that will improve motorist and pedestrian safety. See detail boxes —► Kingsmill Rd to Tacoma Ave: Approx. 1,500 feet of a new road section with urban features. Tacoma Ave to Samish Way: Approx. 3,800 feet of road reconstruction with non -motorized enhancements. Construction of both segments is contingent upon retaining current AIP/STP(R).Grant funding. This project is listed as #4 on the 2009- 2014 Six Year Transportation Improvement Program. New Construction: Approx. 1500' Kingsmill Rd to Tacoma Ave Total Road Width 34' Lane Width 12' Shoulder Width 5' Curb / Gutter Yes Sidewalk (one side) 5' Reconstruction: Approx. 3800' Tacoma Ave to Samish Way Lane Width 11' Shoulder Width Varies Curb / Gutter No Sidewalk No Project Status: Construction is contingent upon retaining grant funding of $3,500,000. Design will be completed by March 2009. RNV acquisition and Environmental Permitting to occur in 2009/2010, construction in 2010-2011. Project Funding: 2009 Total Federal / State $ 0 $ 3,500,000 (AIP/STP(R)) Local $ 30,000 $ 30,000 Total $ 30,000 $ 3,530,000 Environmental Permitting (Agencies/Permits): BA, CORPS, DOE, HPA, ECS, SEPA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): $15,000 Day Labor ($ Estimate): To Be Determined BELLINGHAM BELLINGHAM i ; l a / i DR. CABLE�Whotcom- BAY LAKEWAY 6 _ _ CNY 1lMITSJ NTS o � O G N N J Lil 11 i SCHOOL KINCSMILL ST j Post Padd T co°" A": Point en l 5�° LAnnual Road Construction Program\2009 Project Narratives\04 Yew St Rd Phase 2 Narrative Final 09.doc 217 Whatcom County Public Works 2009 Annual Construction Program Project Narrative West Illinois Street/ Timpson Way - CRP # 905002 2009 Annual. Construction Program Design/Construction Funding Year(s): 2009 Project Narrative: This project is located just northeast of Bellingham's city limits in Sec- tion 23, T38N, R2E. This is a partnership project between the County, City of Bellingham, Bellingham Technical College and Morse Steel. The project involves constructing a new roadway from Marine Drive to the existing terminus of West Illinois Street. The new roadway will be an urban section composed of two-12 foot lanes and multi -modal enhancements. This project is listed #7 on the 2009-2014 Six Year Transportation Improvement Program. Proposed New Construction Features: Total Width 34' Lane Width 12' Bike Lane Width Yes Curb / Gutter Yes Sidewalk Yes Lane width.may be reduced to11,* Project Status: Design currently underway by the City of Bellingham, through an Interlocal Agreement with Whatcom County. ROW acquisition and Environmental Permitting to occur in early 2009, with construction in the summer of 2009. Project Funding: 2009 Total Federal / State $0 $1,850,000 Local $5,000 $5,000 Total $5,000 $1,855,000 Environmental Permitting (Agencies/Permits): BA, DOE, HPA, ECS, SEPA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): To'Be Determined Day Labor ($ Estimate): To Be Determined LU On' OIS ST z' 7 in am Technic ; F - H r? W W SO fT a .� J )N kTS I:Wnnual Road Construction Program\2009 Project Narratives\07 West Illinois St Timpson Way Narrative Final 09.doc 218 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Hampton Road - Mormon Ditch Bridge #261 - CRP #904016 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This project is located on Hampton Road, south of Lynden's city limits in Section 20, T40N, R3E. *The current bridge is approximately 125' long, 27' wide and has a deteriorating substructure. This project replaces the existing bridge and improves roadway width, vertical alignment and traveling safety of pedestrians/bicyclists. This project is listed #8 on the 2009- 2014 Six Year Transportation Improvement Program. . New Construction Features: Total Width 48' Lane Width 12' Shoulder Width 6' Curb / Gutter Yes Sidewalk 6' Bridge Len th 145' Project Status: Design was initiated in 2006. Final design, right-of-way acquisition, and environmental permitting will occur in 2008 with construction in the spring of 2009. Project Funding: 2009 Total Federal / State $4,775,000 (BR) $4,775,000 (BR) Local $ 450,000 $ 450,000 Total $5,225,000 $5,225,000 Environmental Permitting (Agencies/Permits): BA, CORPS, DOE, HPA, ECS, SEPA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): $200, 000 Day Labor ($ Estimate): To Be Determined 5 E. BADGER RD. 46 iLYNDEN d NTS 539 i �� Li U J GirLINDSAY J I E MAIN STREET �� Burlington hdorthern Ry. HAMPTON RD. F 0 T ST. Vu o KOK RD. TIMON RD. ,� POLINDER RD. J Sack o ABBOTT RD. O STICKNEY z \ Of o \C Scott �q/�D RD. m I:Wnnual Road Construction Program12009 Project Narratives\08 Hampton Rd, Mormon Ditch Bridge #261 Narrative Final 09.doc 219 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Baker Lake Road - Sulphur Creek Bridge #422 - CRP 908013 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This project is located in the Mount Baker National Forest, 2.05 miles north of the Skagit County line & west of Baker Lake in Section 25, T37N, R8E. In November of 2006, scour caused by heavy rains and debris undermined the southern bridge approach. Further damage .caused by a storm event on December 3`d, 2007 closed the bridge. A temporary one -lane bridge was placed over the creek in the winter of 2007-2008. The project scope includes installation of a permanent bridge and mitigation (bank protection) to safe guard county facilities (road) and allow the creek to migrate naturally. This project is listed #9 on the 2009-2014 Six Year Transportation Improvement Program. New Construction FPAfi 1 rPC' Total Width 28' Lane Width 11' Shoulder 3' Curb / Gutter N/A Bridge Length 100' Under Evaluation * Project Status: Design of the replacement structure is underway. Construction will be in 2009 during the fish window. Project Funding: 2009 Total Federal / State $1,100,000 (FED ER) $1,100,000 (FED ER) Local $ 165,000 $ 165,000 Total $1,265,000 $1,265,000 Environmental Permitting -(Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): $10,000 MOUNT %� 2 BAKER g. NATIONAL Sandy o L•%/ cr FOREST Q) j! / �c,F CrPc,F reek �s N.F. Q- n Cb NT3 0 0 N•F• Anderson Lakes o 4 Upper Z ke i Dam i S K A G I T C 0 U N T Y L I N E lAAnnual Road Construction Programt2009 Project Narratives109 Baker Lake Rd, Sulphur Crk Bridge Final 09.doc 220 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Mosquito Lake Road - Middle Fork Bridge #140 - CRP #904019 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: The Mosquito Lake Road Middle Fork Bridge #140 is located 16 miles northeast of Bellingham and 4 miles east of Van Zandt in Section 13, T38N, R5E. This is a bridge rehabilitation project that includes re- placement of the bridge deck and both approach spans. Also included are the installation of new guardrails on the bridge, installation of scour protection and repainting of all structural steel. This project is listed #10 on the 2009-2014 Six Year Transportation Program. New Construction Features: Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Sidewalk N/A Project Status: Design and Permitting will be completed in 2008. Construction will occur in 2009. Project Funding:r 2009. Total Federal / State $4,150,000 (BR) $4,150,000 (BR) Local $0 $0 Total $4,150,000 $4,150,000 Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec 401 Water Quality Certification Right -of -Way Acquisition.($ Estimate): N/A Day Labor ($ Estimate): To Be Determined /AMS � DEMIN13- a SPS1 X s Creek D e c y o s Y NTS VAN ZANDT Porter o i POTTER H RNBUSH CO Cis U K RD. LIND 10 U POTTER o R0. a �W 2 _ N Cf• Mosquito ,i pr En =a Lake u 00/1 C%r Clipper , Jorgensen hAnnual Road Construction Programt2009 Project Narratives\10 Mosquito Lake Road, Middle Fork Bridge #140 Narrative Final 09.doc 221 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Haxton Way Non -motorized Improvements - CRP # 907012 2009 Annual Construction Program Construction Funding Year(s): 2010 Project Narrative: This project, in collaboration with the Lummi Nation is.located south- west of Ferndale on Haxton Way. The work provides for shoulder enhancements along Haxton Way for pedestrian use from Gooseberry Point to Kwina Road and a separated pedestrian/bike trail adjacent to Haxton Way from Kwina Road to Slater Road in Sections 1 &12, T38N, R1 E. This project is listed #13 on the 2009-2014 Six Year Transportation Improvement Program. New Construction Features: Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Separated Trail Width 8'-10' Project Status: Shoulder enhancements along Haxton Way from Gooserry Point to Kwina Road were completed in 2007. Design and RAN for the separated trail to occur in 2008 / 2010 with construction in 2010. Project Funding: 2009 Total Federal / State $100,000(PSMP) $100,000(PSMP) Local $ 30,000 $ 30,000 Total $130, 000 $130, 000 Environmental.Permitting (Agencies/Permits): SEPA, CLR/CAO, Army Corps of Engineers, ESA Right -of -Way Acquisition ($ Estimate): $30, 000 Day Labor ($ Estimate): N/A SLATER RD. } \ SLATE GERMAINE RD. RD. RIVER Rp. a NORTH RED SOU RED RED o 13 Z w v 6 p V w a Porno l , o SKAGIT t F BELLINGHAM =4 T ¢ 1 INTERNATIONAL iAIRPORT s = NE C UNTRY LANE s NTS SCOTT RD. � DRIVE Q \ A G Z fn LUMMI BAY H LUMMI BELLINGHAM BAY NATION U Leo hAnnual Road Construction Program\2009 Project Narratives\13 Haxton Way Non -Motorized Improvements Narrative Final 09.doc 222 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Clearbrook Road - Johnson Creek Bridge #302 - CRP #905017 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This project is located southwest of the city of Sumas in Section 4, T40N, R5E. This is a federally funded bridge replacement project that involves removal of the existing structurally deficient.bridge and replacement with a 50-foot single span prestressed voided slab on steel piles and cast in place concrete abutments. Bridge rails and guardrail approaches will be installed. This project is listed #15 on the 2009-2014 Six Year Transportation Improvement Program. Project Status: Design will be completed in 2008, construction to occur in 2009. . Project Funding: 2009 Total Federal / State $794,000(BR) $794,000(BR) Local $0 $0 Total $794, 000 $794, 000 New Construction Features: I Total Width 32' Bridge Length 50' Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec. 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): To Be Determined t� . ........... Or w uds o a L1J Lake i SUMAS o _ HALVERSTICK RD. � Pake born z m � RD. 'Y o OOt a / o / PA GBORN RD. Gtee 9 %CO CLEARBROOK D. / L'a 15 M RGAN RD. 14 Q < E. ) BADGER RD. c, ��v� Q� MINAKER RD. z 0- C13: 6 Z / 0 Z _J % SUMOS DEFTER s Mrs LINDSAY RD. / IN A LkAnnual Road Construction Proaram%2009 Proiect Narratives\15 Clearbrook Rd -Johnson Creek Bridge#302 Narrative Final 09.doc 223 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Potter Road - South Fork - Bridge #148 - CRP #998027 2009 Annual Construction Program Design/Construction Funding Year(s): To Be Determined Project Narrative: This bridge replacement project is located in Sections 17 & 18, T38N, R5E. The existing single -lane bridge (14.5' wide & 243' in length) is Structurally Deficient and Functionally Obsolete. The FHWA (Federal Highway Administration) rating of 11.99 - makes it the lowest rated bridge in the county. Additionally it is the only public access to the residential, agricultural and tribal community west of the river. This project is listed #17 on the 2009-2014 Six Year Transportation Improvement Program. Now RPnlacPmPnt FPaturPs, Total Width 28' Lane Width 10, Shoulder Width 4' Curb / Gutter . N/A Sidewalk N/A Bridge Length 280' Project Status: Continuing to search and secure funding for the structure's replacement; the project is currently being considered in the 2008 BRAC selection process. The TS&L (Type, Size & Location) completed in 2003 includes a preliminary design. Project Funding: 2009 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 Environmental Permitting (Agencies/Permits): BA, HPA, ECS, SEPA, CLR/CAO, SHORELINES Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A. o DEMINt, 0 6 � NTS �F ti N VAN ZANDT PO CIO 17 i � f _I a i POTTER RD }6 N y � •o _ 0 \ -\ (,f• Mosquito 0 Lake ---- 6 0 O V) 9 Clipper ling Jorgen I STRAND RD. Tin / Lake I o hAnnual Road Construction Program12009 Project Narratives\17 Potter Rd. Bridge Narrative Final 09.doc 224 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Lincoln Road - Phase II - CRP #908011 2009 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located southwest of Blaine in Sections 18 & 19, T40N, R1 E. This phase of the project lies between Harborview and Blaine (SR 548) Roads. The project includes improvements to the existing roadway consisting of minor horizontal and vertical realignments, drainage upgrades, road widening as well as a new segment of road to complete the connection to Blaine Road. This project is listed #23 on the 2009-2014 Six Year Transportation Improvement Program. Project Status: Design work has been delayed, pending availability of future funding. Project Funding: 2009 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 I Rarnnctnir. inn FaatltrPc Total Width 40' Lane Width 12' Shoulder Width 8' Curb / Gutter N/A Sidewalk N/A Environmental Permitting (Agencies/Permits): SEPA, CLR/CAO, Army Corps of Engineers, ESA Right -of -Way Acquisition ($ Estimate): $50,000 Day Labor ($ Estimate): N/A _ DRAYTON HARBOR McGEE RD. 0 In Of p RAy o 0 PK/y� ��h �o t in w LU Q RQ LINCOLN RD. > [ o z_ �� y��T AST LOOMIS CAI 00 w > �yF 9C BIRCH POINT RD. Of ai. �9% \ J O w tir. BIRCH BAY M — LYNDEN 7 RD. w LF— �� BIRCH BAY BIRCH COMMUNITY CREA Y BAY RD. m 0 Q o s = 1 I (if 7 I I S ALDERSON ARNIE RD. ARTE_ ARNIE NTS RD. w RD. rj w > w Y w -J > 548 Y _ BAY RD. (Annual Road Construction Program\2009 Project Narratives\23 Lincoln Road II Narrative Final 09.doc 225 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Hannegan Road - Scott Ditch Bridge #245 - CRP #908014 2009 Annual Construction Program Construction Funding Year(s): To Be Determined Project Narrative: This project is located approximately 1 mile south of the Nooksack River at the corners common to sections 28, 29. 33 & 32 T39N, R3E, The current bridge is a two -span bridge with a timber substructure. It is overload restricted and is showing signs of distress in the concrete girders. The bridge will be replaced with a single span bridge suitable for the heavy truck traffic on Hannegan Rd. This project is listed #28 on the 2009-2014 Six Year Transportation Improvement Program. New Construction Features: Total Width 40' Lane Width 12' Shoulder Width 6+' Curb / Gutter N/A Sidewalk N/A Brid a Length 1 70' Project Status: Design & Permitting will be completed in- 2008-2009. The start date for construction will depend on changes to the condition of the bridge and availability of funding. Project Funding: 2009 Total Federal / State $0 $0 Local $10,000 $10,000 Total $10,000 $10,000 Environmental Permitting (Agencies/Permits): HPA, SEPA, CLR/ CAO, Sec. 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A BADGER RD, 546 I ❑ Px BERTHA K I I e� 539 NDEN I 6 r e NTS RD. _ _ a W, MAIN RD. E. MAIN EET !�- r Burlington Northern Ry. C z ¢ 1`. v7 F_ T O P F TUJ ST. AMPTON RD. o m D. ' RD. � FOUNDER RD. RD. Z e� e� in Gee a 6 STICKNEY Scott D �O �O• Ditch a NOLTE 2g RIVER Z VA DYK z C� er RD. RSOC11 ' Riv�E WISER LAKE RD E. w�5£R LAKE RD. VAN DYK OS � G Wis r Lake EV9RS N / Lake Fountain WEST I I G� W 4 _ c C ouzo cee� W 54 E. POLE RD.Ld G LL 1:1Annual Road Construction Proaram12009 Proiect Narratives128 Hanneaan Road. Scott Ditch Bridae #245 Narrative Final 09.doc 226. Whatcom County Public Works 2009 Annual Construction Program Project Narrative Refurbish / Upgrade of the Whatcom Chief - CRP #909003 2009 Annual Construction Program Construction Funding Year(s): 2011 Project Narrative: This project involves the upgrade and preservation of the current ferry to Lummi Island, MN Whatcom Chief. The project definition will address safety, accessibility, reliability, and environmental concerns associated with the 47 year old ferry.. This project is listed #29 on the 2009-2014 Six Year Transportation Improvement Program. Vessel statistics Length ft 94 Beam ft 44 . Year Built 1962 Passengers 100 Cars 20 Project Status: Project definition will begin in 2009, design to start in 2010, and construction in 2011. Project Funding: 2009 TOTAL Federal / State $0 Local $10,000 $10,000 Total $10,000 $10,000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A MN Whatcom Chief Document in Road Construction Programt2009 Project Narratives129 Refurbish -Upgrade of the Whatcom Chief Narrative Final 09.doc 227 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Ferry Dock Improvements - CRP #907002 2009 Annual Construction Program Design/Construction Funding Year(s): 2009 Project Narrative: This project includes improvements to the ferry docks at Gooseberry Point and Lummi Island, in Sections 3 & 4, T37N, R1 E. It includes replacement or rehabilitation of dolphins, wingwalls, paint systems and other dock facilities. This project is listed #30 on the 2009-2014 Six Year Transportation Improvement Program. New Construction Features: Total Width . N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Sidewalk N/A Project Status: The first phase of work, replacement of two Lummi Island dolphins, is scheduled for construction in September 2008. The second phase of work — originally scheduled for construction in 2009, is currently being evaluated based on availability of funding. Project Funding: 2009 Total Federal / State $ 0 $ 0 Local $10,000 $10,000 Total $10,000 $10,000 Environmental Permitting (Agencies/Permits): HPA, Sec. 404 Clean Water Act, Shorelines, SEPA, CLR/CAO, Sec. 401 Water Quality Certification Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A CAGEY RD LUMMI Point Migley �� SMOKEHOUSE RD a FN �o r� NATION z��� BELLINGHAM BAY Lummi 30 � Poin t S o yr BLIZARD RD Fern Point J� e Goose- L �� CENTER 3� VIEW RD ��i Point NTS v G �EGOE 3O 9 RD Village Point BAY The Portage CO STI— S TUTIO � IFS 0 w T 9 O z SUNRISE �i RD reel, F Point Francis IAAnnual Road Construction Program\2009 Project Narratives\30 Ferry Dock Improvements Narrative Final 09.doc 228 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Various Ferry Parking and Staging - CRP #908003 2009 Annual Construction Program Design/Construction Funding Year(s): 2009 Project Narrative: This project is located in Sections 3 & 4, T37N, R1 E and listed #31 on the 2009 —2014 Six Year Transportation Improvement Program. The project definition for Gooseberry Point includes: improved lighting, security, surveillance, drainage, parking - in cooperation with Lummi Nation. The project definition for Lummi Island includes: improved lighting, safety and security. Project Status: Project definition will begin in 2009 with available funding. New Construction Features: Total Width N/A Lane Width N/A Bike Lane Width N/A Curb / Gutter N/A Sidewalk N/A Project Funding: 2009 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A CAGEY RD LUMMI Point Migley SMOKEHOUSE RD FN �� r NATION oe` BELLINGHAM BAY Lummi 31 (� Point V o Y ,9 � BLIZARD RD Fern Point loose- L �� y J ENTER berry VIEW RD ��e- Point O,p NTS V K G OE 31 9 LEG BAY RD � Wfoge Point i The Portage TUTs� IO STI- `, w a0 9 0 z scfl9 SUNRISE ii RD SlvF Point Francis �d I:Vlnnual Road Construction Program\2009 Project Narratives\31 Various Ferry Parking and Staging Narrative Final 09.doc 229 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Gooseberry Point Ferry Dock Relocation - CRP #906006 2009 Annual Construction Program Design/Construction Funding Year(s): To Be Determined Project Narrative: This project is the overall feasibility study relating to the relocation Gooseberry Point ferry dock located in Section 3, T37N, R1 E. The current 25-year lease expires in 2010. As part of the lease renewal negotiation — Lummi Nation and Whatcom County are jointly proposing development of a multi -modal transportation center (ferry, vehicles, bus, bicycles). This study is phase 1 of 6 - Rating and Ranking of Alternatives. This project is listed #32 on the 2009 — 2014 Six Year Transportation Improvement Program. Project Status: The project will be completed in 2009. New Construction Features - Total Width TBD Lane Width TBD Bike Lane Width TBD Curb / Gutter TBD Sidewalk TBD TBD = To Be Determined Project Funding: 2009 Total Federal / State $154,000 STP(R) $154,000 STP(R) Local $ 71,000 $ 71,000 Total $225,000 $225,000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A CAGEY RD LUMMI Point Migley i'P SMOKEHOUSE RD FN o z NATION oe� BELLINGHAM BAY Lummi 0� .Y' Point 32 S 81J7ARD RD A , Fern Point ; vF V J Caose- �� w ENTER eny h v� NTS VIEW RD Q� v G i✓ 9 EEGOE Village Point BAY RD The Portage CO STI- S TUTIO z �OFSr m 9 O z `S'cPq � SUNRISE G'� G RD 'A rtG� P Point Francis I:Annual Road Construction Program\2009 Project Narratives\32 Gooseberry Point Ferry Dock Relocation Narrative Final 09.doc 230 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Various Bridges Rehabilitation / Replacement - CRP #909001 2009 Annual Construction Program construction Funding Year(s): 2009 Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #33 on the 2009-2014 Six Year Transportation Improvement Program. Project Status: Design and construction to occur in 2009 if required. Project Funding: 2009 Total Federal / State $0 $0 Local $200,000 $200,000 Total $200,000 $200,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined Day Labor ($ Estimate): $150,000 I New Construction Features: I Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Brdg Rplc (length) TBD TBD=To Be Determined Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. L\Annual Road Construction Proeram\2009 Proiect Narratives\33 Various Bridues Rehabilitation-Reolacement Narrative Final 09.doc 231 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Right of Way Acquisition - CRP #909002 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This item addresses the unanticipated need for Right Of Way that may arise during a given year that requires immediate action. This project is listed #36 on the 2009-2014 Six Year Transportation Improvement Program. Project Status: N/A Project Funding: 2009 Total Federal / State $0 $0 Local $5,000 $5,000 Total $5,000 $5,000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): To Be Determined Day Labor ($ Estimate): N/A I New Construction Features: I Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. [:Annual Road Construction Proaram\2009 Proiect Narratives\36 Riaht of Wav Acauisilion Narrative Final 09.doc 232 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Unanticipated Site Improvements - CRP #909004 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This item addresses the unanticipated project(s) that may arise during a given year requiring immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant availability and other issues not related to an existing program project. This project is listed #37 on the 2009— 2014 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2009 if required. Project Funding: 2009 Total Federal / State $0 $0 Local $400,000 $400,000 Total $400,000 $400,000 Environmental Permitting (Agencies/Permits): To Be Determined Right -of -Way Acquisition ($ Estimate): To Be Determined Day Labor ($ Estimate): To Be Determined New Construction Features: Total Width N/A Lane Width N/A Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate times. I:Wnnual Road Construction Proaram\2009 Project Narratives\37 Unanticipated Site Improvements Narrative Final 09.doc 233 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2008-320A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator., 8/28/08 E C E V E D SEP 0 2 :2008 WHATCOM COUNT COONC" 9 / 9 / 0 8 9/ 2 3/ 0 8 Intro Division Head., Pub .Hearin Dept Head., Prosecutor. g f3 Purchasin d et: 8/28/08 Executive —.01 TITLE OF DO UME T: Adopt a resolution to sell surplus property ATTACHMENTS: Resolutions & list of property to be declared surplus SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( X ) 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 attached list of equipment has been determined to be surplus and available for disposal by public auction. The Council may find by resolution, following a public hearing that it is in the public interest to sell the property. COMMITTEE ACTION: COUNCIL ACTION: 9/09/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 234 SPONSORED BY: Consent PROPOSED BY: Public Works DATE INTRODUCED: 9/09/2008 RESOLUTION NO. A RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 WHEREAS, a public hearing was held on, County property; and 8 to discuss the sale of Whatcom WHEREAS, it was determined to be in the best interest of Whatcom County to sell the property listed in Exhibit "A" and such property shall be sold by public auction after September 2008, subsequent to compliance with the notice requirements of WCC- 1. 10.200: and NOW THEREFORE BE IT RESOLVED that the property -listed in Exhibit "A" be sold at public auction after September 2008 pursuant to the notice requirements of WCC 1.10.200: and BE IT FURTHER RESOLVED that where there is no bid within the advertised terms the County may withdraw the property from sale, or if the County deems such action to be in the public interest, reject any or all bids either written or oral, and thereafter negotiate the sale of the property providing the negotiated price is higher that the highest bid at the public sale and that the public has notice by advertisement, under Section 1.10.200, and an opportunity to compete, through mailed bids, for the purchase by offer of a more favorable price APPROVED this day of , 2008 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ATTEST:. Dana Brown -Davis, Council Clerk A P ED S TO ivil Deputy rosecuting Attorney 235 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director �C, M C �q`SNI N fa�0 WHATCOM COUNTY PUBLIC WORKS EQUIPMENT SERVICES DIVISION FUND CAPITAL EQUIPMENT SURPLUS REQUEST JULY 2008 - FINAL 901 W. Smith Road Bellingham, WA 98226 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager UNIT# YEAR MAKE MODEL ', DEPT VIN # ACTUAL MILES I HRS COMMENTS 012 2002 DODGE VAN 15-PASSENGER PWA 2B5WB35ZX2K103109 19,447.0 "See Note Below 019 1993 DODGE DYNASTY ASSESSOR 1 B3XC4631 PD214868 65,271.0 036 2001 CHEVROLET S-104X4 PLANNING 1GCDT19W61K174067 117,378.0 049 1992 CHEVROLET BLAZER4X4. PWA 1GNDT13W2N2197027 90,934.0 082 1988 DODGE D1501/2TPU M&0 lBJR24Y6JS776496 72,652.0 093. 1993 DODGE DYNASTY PWA 1 B3XC4633PD214869 46,625.0 'See Note Below Ill 2002 FORD F1501/2T4X2 ENGINEERING 1 FTRX1 7W82KD26526 129,380.0 113 1993 DODGE D1501/2T PU ENGINEERING 1 B7HE16YOPS255897 58,205.0 'See Note Below 122 1993 DODGE DI50112T PU . ENGINEERING 1 B7HE16Y3PS255893 95,880.0 'See Note Below 138 1993 DODGE D1501/2TPU ENGINEERING 1137HE16Y4PS255899 83,384.0 175 1995 FORD F150 SUPCAB 4X2 M&O 1 FTEX15N3SKB94655 128,650.0 196 2002. FORD F350IT4X2 M&O 1FDWX36S02EA41262 147,590.0 199 2002 FORD F3501T4X2 M&O 1FDWX36S32ED14131 140,938.0 217 1994 FREIGHTLINER 5YD S/AXLE M&O 1FV6HFBA8RL777134 131,905.0 235 1993 INTERNATIONAL 49004X2 M&O IHTSDN2N7PH483312 98,143.0 237 1996 FORD F3501T M&O 2FDKF37H9TCA18428 95,557.0 308 1987 JOHN DEERE GRADER 770B M&O DW77OBH513507 8,047.0 327 1994 FORD NEW HOLLAND 7840 TRACTOR M&O BD73395 8,620.0 806 1992 GMC 2500 SIERRA 4X2 FACILITIES 1GTFC24H8NZ531348 83,447.0 896 1996 FORD F250 3/4T CREW CAB PARKS 1 FTHX25H4TEB72449 115,473.0 6052 1997 FORD EXPLORER4X4 SHERIFF 1FMDU34E2VUB98878 110,899.0 6064 1998 FORD CROWN VICTORIA SHERIFF 2FAFP71W8WX109453 106,925.0 6076 1999 FORD CROWN VICTORIA. SHERIFF 2FAFP71W4XX169618 107,299.0 6086 2000 FORD CROWN VICTORIA SHERIFF 2FAFP71 W5YX167037 124,886.0 6092 2000 FORD CROWN VICTORIA. SHERIFF 2FAFP71W9YX167039 107,432.0 6097 2001 FORD CROWN VICTORIA SHERIFF 2FAFP71WOlXI51611 91,365.0 Accident/Totalled 6098 1 2001 FORD CROWN VICTORIA SHERIFF 2FAFP71W91X151610 117,979.0 6101 2001 FORD CROWN VICTORIA SHERIFF 2FAFP71MIX151607 122,741.0 6107 .2001 FORD CROWN VICTORIA SHERIFF 2FAFP71W81X151601 121,250.0 6110 2001 FORD CROWN VICTORIA SHERIFF 2FAFF17IW11XI51598 121,043.0 6114 1999 FORD CROWN VICTORIA SHERIFF 2FAFP71W4XX169621. 120,537.0 6115 1 2002 FORD CROWN VICTORIA SHERIFF 2FAFP71 W02X131280. 122,7W.0 6117 2002 FORD CROWN VICTORIA SHERIFF. 2FAFP71 W02X131277 120,789.0 6127 2003 FORD CROWN VICTORIA SHERIFF 2FAHP71W63X182230 63,055.0 Accident/Totalled 6137 2004 FORD CROWN VICTORIA SHERIFF 2FAFP71W94X152292. 50,507.0 Accident(Totalled 6158 2005 FORD CROWN VICTORIA SHERIFF. 2FAHP71W45X148726 . 35,250.0 Acddent/Totalled 6700 1998 DODGE RAM PU HUMANE SOCIETY 1 B7KF23D8WJ116468 338,645.0 6701 1997 TOYOTA TACOMA PU HUMANE SOCIETY 4TAPM62N1VZ224018 358,587.0 6702 1997 TOYOTA TACOMA PU HUMANE SOCIETY 4TAWM72NIVZ311273 434,966.0 July 2008 Surplus List FINAL: 07/18/2008 236 Capital Equipment Surplus Request — July 2008 4 July 18, 2008 Page 2 of 2 UNIT # YEAR'` MAKE DESCRIPTION DEPT SERIAL #. 891 1996 KAY PARK PEDAL BOAT PARKS KAX04439FO96 RED 895 1996 KAY PARK PEDAL BOAT PARKS KAX04451 F096 ELLO DESCRIPTION Miscellaneous Broken & Unusable Tools, Parts & Supplies Used & Unsalvageable Bridge Decks Miscellaneous Unusable Inventory Items (Culvert, Timbers, etc.) NOTE: `Original approval for two additions to the fleet and later modified with reducing the Public Works fleet by four vehicles. Miscellaneous copiers that have no trade-in value Miscellaneous worn or broken office equipment & furniture Miscellaneous worn or brokencomputer components Miscellaneous worn or broken eauipment from the Jail 9334 Livescan —finger print equipment 9477 Plotter — Paper Shredder - 15956 Scanner DR6080 5505 Copier 1881 PaperJogder 1828 Paper Padding Press 1818 Electric Stapler 11020,12304,11021 1 Roll film reader, auto filler, ' 1951 Densimeter 1947,11500 Microfilm duplicator 1948 Microfilmprocessor 12497,9781,116675, 7163, 1675, 12388 6 Microfilm camera heads 1932,1840, 11549 3 Microfilm Cameras Commercial Dryer Broken, outdated technology - Worn out, no longer works Worn out, no longer working Worn out Replacement parts and toner no longer available Print shop closed, no longer needed Print shop closed, no longer needed Print shop closed, no longer needed filler, Microfilm Equipment — outdated technology Microfilm Equipment - outdated technology Microfilm Equipment — outdated technology Microfilm Equipment —outdated technology Microfilm Equipment - outdated technology Microfilm Equipment — outdated technology Broken. burned out, damaged beyond repair July 2008 Surplus List FINAL: 07/18/2008 237 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 327 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/9/2008 9/9/2008 Introduction Division Head.• 9 23 2008 Hearin Dept, Head. - Prosecutor: Purchasing/Bud, et: Executive: TITLE OF DOCUMENT. Resolution approving Pt. Roberts Water District #4 Comp Water System Plan Update ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution approving Point Roberts Water District #4 Comprehensive Water System Plan Update COMMITTEE ACTION: COUNCIL ACTION.` 9/09/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co. whatcom. wa. us/council. 238 Point Roberts Water System Plan Update PROPOSED BY: Consent SPONSORED BY: Consent INTRODUCED: September 9, 2008 RESOLUTION NO. APPROVING THE POINT ROBERTS WATER DISTRICT #4 COMPREHENSIVE WATER SYSTEM PLAN UPDATE WHEREAS, on August 11, 2008, the Whatcom County Council received the Point Roberts Water District #4 Comprehensive Water System Plan Update (Water System Plan Update); and WHEREAS, RCW 57.16.010(6) requires that the County Council approve, conditionally approve, or reject comprehensive water system plans; and WHEREAS, pursuant to RCW 57.16.010(6), the Water System Plan Update was forwarded to Whatcom County Engineering and the Whatcom County Health Department for review and approval; and WHEREAS, Whatcom County Engineering has approved the Water System Plan Update; and WHEREAS, the Whatcom County Health Department defers approval of Group A water systems to the State Department of Health; and WHEREAS, the State Department of Health has approved the Water System Plan Update; and WHEREAS, a determination of non -significance was issued pursuant to the State Environmental Policy Act; and WHEREAS, the Whatcom County Council finds that the Water System Plan Update meets all the requirements set forth in RCW 57.02.040 and RCW 57.16.010(6). NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Point Roberts Water District #4 Comprehensive Water System Plan Update is hereby approved as presented. APPROVED this day of 2008 ATTEST WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown Davis, Clerk of the Council APP VED AV__P0' ivil ORM: Deputy Prosecutor Carl Weimer, Council Chair 239 n STATE OF WASHINGTON DEPARTMENT OF HEALTH 20435 72nd Ave. S. Suite 200, K17-124 Kent, Klashrngton 98032 2358 July28, 2008 BOARD OF COMMISSIONERS POINT ROBERTS WATER DISTRICT NO.4 79 TYEE DRIVE — SUITE A POINT ROBERTS WA 98281 RE: Point Roberts Water District No. 4 (ID# 95750) Whatcom County 2008 Water. System Plan APPROVAL; Submittal #07-0316 Dear Commissioners; Except for the remaining work noted below, the revisedwater system plan (WSP) 'for Point Roberts Water District No. 4 (the District), which was received in this office on April 2,.2008, with subsequent submittals on April .23, 2008, has been reviewed and in accordance with the provisions of WAC 246-290-100, is hereby APPROVED. Remaining Work: 1. .A revised bilateral compliance agreement (BCA) that outlines background information and the District's ongoing responsibilities relative to compliance with the Surface Water Treatment Rule must be executed by DOH and the District. A revised BCA will be sent to you under separate cover. The District must review and execute this agreement forthwith. 2. The sections regarding ongoing monitoring requirements in Chapter 6 must be revised to eliminate duplication and errors. This WSP includes capacity information that demonstrates the,physical ability of this water system to provide water with any source or water right limitations that might occur during the 6 year period for which the approval of this WSP is valid. Based upon `information you have supplied, your'system is approved for 2953 ERUs. If the Point Roberts Water System exceeds the approved number of connection limits, compliance actions may be taken by the Department of Health or the Department of Ecology and the relationship between the WSP approval and the water right options stated in RCW 90.03.260 (4) and (5) may become invalid. Submittal of your water system plan included a local government consistency determination. from Whatcom County government. This WSP meets local government consistency requirements for WSP approval (RCW 90.03.386,, RCW 43.20).. 240 Point Roberts Water District No. 4 July 28, 2008 Page 2 Passage of the Municipal, Water Law in 2003 created a new .significance to your service area through two avenues: connection of the service area to your system's water rights and a duty to serve responsibility. Per RCW 90.03.386 (2), the service area identified in your WSP now represents your water right "place of use." Future changes to your service area should be made through a WSP amendment. Per RCW 43.20.260, your system now has a duty to serve retail connections within its retail service area. This WSP has incorporated information that identifies the procedures and processes you have put into place to ensure that your system can provide timely and reasonable service within your retail service area. Standard Construction Speci/ications for distribution main extensions have been approved as part of this water system plan. With this approval and consistent'with WAC 246-290-125(2) the District may elect to proceed with the installation of distribution main extensions provided that the District maintains on file completed construction completion reports (a copy of which is attached) in accordance with WAC 246-290-125 (2) and WAC 246-290-120 (5) and makes it available for review upon request by'the department. Approval of the update of this 'water system plan is required on or before July 31, 2014 unless the Department of Health (DOH) requests an update or plan amendment pursuant to'.WAC 246-290-100(9). Approval of this plan is valid as it relates to current standards outlined in Chapter 246-290 WAC, revised July 2004, Chapter 246-293 WAC, revised September 1997, Chapter 70.116 RCW, the Whatcom County CWSP; and the requirements of the'Municipal Water Law (SESSHB 1338), effective September 9, 2003, and is subject to the qualifications herein. Future revisions in the rules and statutes maybe more stringent and require facility modification or corrective action. We will update the approval status of this water system from 2212 to'2953 equivalent residential units (ERtJs), which allows 741 additional residential service connections. An updated Water Facility Inventory (WFI) report form will be sent to you at'that time. We ask that you review the updated form, note any additional corrections, and.return it to this office within thirty days. We suggest that you review the number of outstanding commitments for water service in addition to the number of active connections at this time. The following standard comment applies to all water system plan approvals: This approval does not provide any guarantee and should not be considered to provide any guarantee concerning legal use of water or subsequent waterxights decisions by the Department of Ecology. This Department of Health approval of your WSP' does not affect any uncertainties or deficiencies regarding your water rights or the resolution of those uncertainties or deficiencies. Depending on Ecology's future actions on your water rights, additional planning or other submittals may required by the Department of Health. Questions concerning water rights should be directed to the Department of Ecology. 241 Point Roberts Water District No. 4 July 28, 2008 Page 3 Thank you for your cooperation. If you have any questions or wish to check our records, you may contact either of us at the numbers listed below. Sincerely, .- •fi' John Thielemann, PE Regional Engineer (253) 395.6757' Enclosure: Construction Completion Report n Richard Rodriguez Regional Planner (253)395-6769 cc: Laurette Rasmussen, Whatcom County Health Department Erin Osborn, Whatcom County Planning and Development Paul Fabiniak, Department of Ecology— NWRO Ingrid Salmon, Compliance Manager, Northwest Drinking Water Operations Aniela Sidorska, Northwest Drinking Water. Operations Dan :Bourks, Manager, Point Roberts Water District No, 4 William Reynolds, PE, Hammond Collier Wade Livingstone 242- �GOM CO S��P Gyi SNI NG�O� September 12, 2008 Board of Commissioners Point Roberts Water District #4 79 Tyee Drive, Suite A Point Roberts, WA 98281 RE: 2008 Water System Plan Dear Commissioners: The Whatcom County Health Department (WCHD) has verified that the water system plan has been approved by the Washington State Department of Health. If you have any questions, please contact me at (360) 676-6724. Sincerely, Kyle Dodd Environmental Health Supervisor cc: Tyler Schroeder, PDS 243 03/17/2007 20:10 3609453021 PRWD PAGE 03/03 7 POINT ROBERTS WATER DISTRICz` NO.4 WATER SYSTEM pLAN Prepared For POINT ROBERTS WATER DISTIL iCT No. 4 A.ptil 1, 2008 PsepAs d By- WYiliam Reynolds, P.E. HAMMOND COLLIER WA.I)E Livi IGS'TONE 4010 Stone Way Notth, State 300 Seattle, WA, 98103 Approved Ctiepartntent of !-; f Drinkln In r Z ea4 01-03jt, RECEIVED APR 2 2008 A COMPLETE COPY OF THE PLAN IS AVAILABLE IN THE COUNCIL OFFICE FOR REVIEW 244 WHATCOM COUNTY COUNCIL AGENDA BILL NO_ 2008 — 114 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/9/2008 9/9/2008 Introduction Division Head: 9 23 2008 Hearin Dept. Head: ( Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. - Ord. Imposing interim moratorium on new apps within Lake Whatcom Watershed ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Imposing an interim moratorium on the acceptance of new applications for divisions of land resulting in lots smaller than five acres within the Lake Whatcom watershed COMMITTEE ACTION: COUNCIL ACTION. 9/09/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounLys website at. www. co. whatcom. wa. us/council. 245 I SPONSORED BY: 2 PROPOSED BY: 3 INTRODUCTION DATE: September 9, 2008 4 5 6 7 ORDINANCE # 8 9 IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW 10 APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN 11 FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED 12 13 WHEREAS, oxygen levels in Lake Whatcom are declining to lower levels and 14 declining faster than in the past; and 15 16 WHEREAS, lower oxygen levels and more rapid decline in oxygen in Lake Whatcom 17 are related to increased rates of sediment and phosphorus loading into the lake; and 18 19 WHEREAS, increased availability of phosphorus has limited the nitrogen availability 20 in the lake, making the lake more susceptible to blue-green algae blooms; and 21 22 WHEREAS, longer durations of very low oxygen levels increase the rate of 23 methylization of mercury and other anaerobic compounds; and 24 25 WHEREAS, increased productivity in the upper waters of the lake lead to increased 26 disinfection byproducts such as total trihalomethanes (TTHMs); and 27 28 WHEREAS, longer durations of very low oxygen levels release phosphorus bound in 29 the lake sediments resulting in increased availability of phosphorus and further increasing 30 biological production in the lake; 31 32 WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an 33 impaired water body and placed Lake Whatcom on the federal Clean Water Act 303(d) list 34 because of low oxygen levels; and 35 36 WHEREAS, the 303(d) listing requires the establishment of a Total Maximum Daily 37 Load. (TMDL) that designates loading capacity of the lake such that there will be no 38 measurable change in oxygen levels from natural lake conditions;. and 39 40 WHEREAS, a TMDL requires meeting Water Quality Standards and., for lakes, the 41 dissolved oxygen criterion requires no decline from natural conditions; 42 43 WHEREAS, other pollutants identified and monitored within the Lake Whatcom 44 watershed have the highest concentrations in the most developed areas of the watershed; 45 and 46 47 WHEREAS, meeting the TMDL goals and improving oxygen levels in Lake Whatcom 48 will require variety of comprehensive planning, pollution prevention, pollution reduction and 49 technical approaches; and 50 246 51 WHEREAS, continued development while the TMDL goals are established and while 52 approaches for meeting those goals are developed will increase the size of the reductions 53 and will increase the costs that will be necessary to meet the TMDL goals; and 54 55 WHEREAS, Lake Whatcom County Code 20.71 establishes the Lake Whatcom 56 Watershed as a Water Resource Protection Overlay District; and 57 58 WHEREAS, Lake Whatcom is the drinking water source for approximately half the 59 residents of Whatcom County; and 60 61 WHEREAS, the preservation and protection of drinking water is a high priority for 62 Whatcom County; and 63 64 WHEREAS, the Whatcom County Comprehensive Plan, adopted on May 20, 1997, 65 establishes the Lake Whatcom watershed as a Special Study Area; and 66 67 WHEREAS, Lake Whatcom is a valuable recreation lake for swimming, boating and 68 fishing, and enhances the property values in the area as long as the lake maintains high 69 water quality; and 70 71 WHEREAS, declining oxygen. levels poses a risk to the water quality of Lake 72 Whatcom that could harm drinking water quality, recreational opportunities and, lake 73 property values; and 74 75 WHEREAS, actions required under the 303(d) listing and TMDL goals as well as 76 declining water quality will cause a hardship to tax payers, local property owners in the 77 watershed and water consumers and those hardships may be limited by effective planning, 78 prevention and remediation programs established prior to the establishment of the TMDL 79 goals; and 80 81 WHEREAS, the Whatcom County SEPA Official issued a Determination of Non- 82 significance on January 24, 2005; and 83 84 WHEREAS, the Council makes the following findings of fact to justify its actions as 85 required by RCW 36.70.795: 86 .87 1. This interim moratorium on the acceptance of applications for division of land 88 into lots of smaller than five (5) acres is necessary to avoid future 89 degradation of the Lake Whatcom watershed and the associated threat to the .90 drinking water supply of approximately half of the citizens of Whatcom County 91. as well as recreational and lake property values. 92 93 2. Without a moratorium additional development lots may be created within the 94 Lake Whatcom Watershed that will lead to negative hydrologic and storm 95 water impacts that may cause irreversible harm to Lake Whatcom and 96 therefore cause harm to the health and welfare of the public. 97 98 3. The Whatcom County Council desires the opportunity to evaluate the impacts 99 of future development in relation to reducing phosphorus loads to Lake 100 Whatcom and meeting the TMDL goal of reversing the declining oxygen trends 101 in Lake Whatcom. This evaluation may include but are not limited to the 102 following: 247 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 N Storm water management plans, implementation and maintenance. N Storm water funding in the watershed. Review existing zoning densities and development standards within the Bellingham Urban Growth Areas in the Lake Whatcom watershed. N Review existing zoning densities outside the Bellingham Urban Growth Areas within county jurisdiction. N Storm water management in areas that cross City of Bellingham and Whatcom County jurisdictions. Transfer of development rights programs. Land acquisition. Reviewing the.proposed TMDL from the Department of Ecology and its implications for additional county land use regulations . N Reviewing the ongoing monitoring studies on the Lake and its tributaries to understand the extent to which new monitoring data further informs our understanding of the relationships between development and other land use activities and Lake Whatcom water quality. NOW,_ THEREFORE, BE IT ORDAINED by the Whatcom County Council that a moratorium is hereby imposed on the acceptance of new applications for divisions of land into lots smaller than five (5) acres in the Lake Whatcom watershed, as identified on the map attached as Exhibit A. BE IT FURTHER ORDAINED that divisions resulting in lots all of which are five (5) acres or larger shall be exempt from this division moratorium. BE IT FINALLY ORDAINED by the Whatcom County Council that, pursuant to RCW 36.70.795,, this moratorium may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this day of , 2008. ATTEST: Dana Brown -Davis, Clerk of the Council APPR ED AS TO FOR ivil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Pete Kremen, Executive ( ) Approved ( ) Denied Date: am WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-340 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 9/4/08 � E C V Q� p E D SEP 16 2008 Sept. 23, 2008 Council Division Head: Dept. Head: VI/HATCOM COUNTY Prosecutor: COUNCIL Purchasin /Bud et: / Executive: TITLE OF DOCUMENT: Appointment to the Bellingham-Whatcom County Commission Against Domestic Violence. ATTACHMENTS. Letter from Director Andrea Cary -Grant to Executive Pete Kremen; application of Becky Skaggs SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of Becky Skaggs to the Bellingham-Whatcom County Commission Against Domestic Violence. 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 249 �0� gILt/A,C p�GOM c04c# z . -7 Bellingham - Whatcom County r "'�`-'► • Commission Against Domestic Violence • O�' 9SHr fv c t 0 L ,•sl ;'f N G � Community. Members/ Affiliation: Cynthia Bauleke, Chair August 28, 2008 Lummi Island Congregational I � United Church of Christ Q� ?�' Karen Burke DVSAS County Executive Pete Kremen Anna Carey Whatcom County Courthouse S EP 8 ` 2008 WWU, New Student Services Sheri Emerson 311 Grand Avenue, Suite #108 Opportunity Council Bellingham, WA 98225-4082 PETE KREMENCOUNTY EXECUTIVE. Enger, Rabbi Congregation Beth Israel Dear County Executive Kremen: Nikki Finkbonner Lummi Victims of Crime Kirsten Hammer The Executive Committee of the Bellingham-Whatcom County Commission Womencare Shelter Against Domestic Violence would like to make the following recommendation Rebecca Johnson regarding a County appointment. Interfaith Community Health Center Byron M g Brigid Collinsins Becky Skaggs is the Vice President of Strategy and. Consumer Insights Department Shannon Meyer, Ph.D. of Haggen, Inc. She is being recommended for appointment to the Major Employer FBI position, which has been vacant more than a year. Her application is attached. If Joy Monjure appointed, her term would run until December 2011. Community Member Karen Summers DV Advocate, Clergy Please notify the Commission of your decision on.the recommendation. Vacant Major Employer Thank you for your support. Please contact me if you have any questions or need Vacant Health Care Provider any further information. Government Members: Sincerely, Dennis Carlson Designated Superintendent, Whatcom Co. School Districts Regina Delahunt Whatcom Co. Health Department ' Cdrea Cary -Grant, CDirector William Elfo Whatcom Co. Sheriff Enclosure Joan Hoisington Bellingham City Attorney Michael Knapp Designated Police Chief Whatcom County Cities Jon Komorowski Whatcom Co Public Defender Dave McEachran Whatcom County Prosecutor Todd Ramsay Bellingham Police Chief Linda Storck Bellingham Municipal Court Gary Tomsic Small City Representative Bruce Van Glubt Whatcom Co. District Court Vacant Designated Rep. of DCFS Vacant Designated Rep. of DSHS Staff: Andrea Cary -Grant, Director 1407 Commercial Street • Bellingham, WA 98225 Phone: (306) 312- 5700 • Fax: (360) 312-5770 E-mail: maid@dvcommission.com 250 PETE KREMEN County Executive COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Word Nelson Sharon A. Roy APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see below: Belli ngham-Whatcom County Commission Against Dor Which position on this board are you applying for (if applicable)? Major. Employer Which Council district do you reside in? 0 One Two Three Are you a US citizen? I✓ yes ; no Are you a registered voter? E) yes no Name: Becky Skaggs Date: 07/28/2008 Street Address: 6482 Old Guide Road City: Bellingham Zip Code: WA Mailing Address (if different from street address): Day Telephone: (360) 650-8374 Evening Telephone: (360) 398-1748 Fax Number: (360) 650-8236 E-mail address: beckys@haggen.com Occupation (If retired, please indicate former occupation): Vice President Professional/Community Activities: FMI Consumer Market Research Committee; Portland State University Food Industry Leadership Center Committee Education: Bachelor of Science, Western Washington University Qualifications related to position: Describe why you are interested in serving on this board or commission: Domestic Violence is an important issue that I feel strongly about being a voice for those who cannot speak tor themselves. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? yes no If yes, please explain: References (please include -name and daytime telephone number): Dale Henley, President & CE9/ffl HAgen, Inc. 360-650-8374 Signature of applicant: As a candidate to a public boarU br commiW- in, the above information will be available to the County Council, County Executive, and the public. 251 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-341 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: r: Ori inato �v � 9/12/08 � � � � WED � D SEP 3: 6 2008 ! NATCpryOM COUNTY COUNCIL Sept 23, 2008 Council Division Head: Dept Head: Prosecutor: Purchasin /Bud et: Executive: `` �C '1,6.Q Op TITLE OF DOCUMENT: Appointment to the Whatcom County Agricultural Advisory Committee. ATTACHMENTS: Application for Appointment from Richard Yoder SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of Richard Yoder to the Agricultural Advisory Committee. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.waus1council. 252 PETE KREMEN COUNCILMEMBERS: County Executive �P Goro CO G�. r h Barbara E. Brenner curie Caskey-Schreiber Sam Crawford AtAA Seth M. Fleetwood 0 SH 10 200$ Robert Kelly L. Ward I••lelson Carl Weimer PETE KREMEN U-0U NT;' EX ECUT_IVF APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two (-- Three Are you a US citizen? Oyes () no Are you a registered voter? ( ryes ( ) no Name: a, ply Scy Date: Street Address: L¢ &Arch City: Zip Code: °To"IYO Mailing Address (if different from street address): Day Telephone: col I Y? Evening Telephone: 3/D 32Y 99"YS Fax Number: E-mail address: 4Uv��'a �•n �'- }�C�.� Ca N7 Occupation (If retired, please indicate former occupation): Ox.Jin' &L-J� Professional/Community Activities: wkotci_�c Cylllne�z i Rk-1 l 5-92,",1 1-50C, TeckNjC'at "17Vi 1 Education: g 5Aed Qualifications related to position: , /�a� ,� k?���� � e-SPouxrs e Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest In or are you an employee or officer of any business or agency that does business with Whatcom County? () yes H no If yes, please explain: References (please include name and daytime telephone number): vc IQr'er/in�t� 35 5/ /537 64, q o s 357 yq35' 5,*T //5' zckn a!/,es JSy Y703 Signature of applicant: As a candidate to a public board: or commission, the above inforination will be available to the County Council, County Executive, and the public. 253 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-342 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator- SM 9112108 � E C E � V E © SEP 1.6 2006 HAT COM COUNTY I COUNCIL Sept. 23, 2008 Council_ Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: i Q / `'I "� I I I i TITLE OF DOCUMENT. Appointment to the Whatcom County Veteran's Advisory Board ATTACHMENTS: Application for Appointment 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.) County Executive Pete Kremen requests confirmation of his appointment of Patricia Russell to the Whatcom County Veteran's Advisory 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.us/council 254 PETE KREMEN County Executive RECEIVED SEP 8 - 2008 COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer FETE KREMEN COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: VeAeMr1S I13oar-o( Which position on this board are you applying for (if applicable)? bcaa m evn her Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (✓f yes ( ) no Are you a registered voter? (✓f yes ( ) no Name: i Date: q Street Address: CO 41 W. koY'tY ' City: 'Je.dlnop tm Zip Code: ggZ2(P Mailing Address (if different from street address): ' i56VN, Day Telephone: (Suo) &3 -IgS3 Evening Telephone: ��1 , Fax Number: E-mail address: l roan:6 . _%� fG" it Ve . dDm Occupation (If retired, please indicate former occupation): Professional/Community Activities: P(e_51'knf 6-P VMW elm 3 Education: 6.4 - 0M towu Qualifications related to position: 61F 10EP VaGiGLn Describe why you are interested in serving on this board or commission: &1 Al OF _WJ4 I mnk4 -M n1114l "eJr,4p du lo1va ri-4urlum vde�nn-r' Afy, 7?�& Do you or your spouse have a financial inter E in or are you an empl yee or agency that does business with Whatcom County? ( ) yes (no If yes, please explain: of any business or References (please include name and daytime telephone number): #) I t Bre/gQii'1CI n - 6 7aq '14h PVT- (5uo) 733 - 92z Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 255 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 328 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator- 9/15/2008 9/23/2008 Introduction Division Head: Dept, Head. - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Resolution establishing regular Council meeting dates for 2009 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.) Establishing regular Whatcom County Council meeting dates for2009 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 CounLys website at. www co. whatcom. wa. us/council. 256 1 2 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 2009 Meeting Dates - original SPONSORED BY: Consent PROPOSED BY: Council Clerk INTRODUCTION DATE: September 23, 2008 RESOLUTION NO. ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL MEETING DATES FOR 2009 WHEREAS, the Whatcom County Council has set every other Tuesday as its regular meeting schedule; and WHEREAS, all departments should plan to schedule items in accordance with the Council's approved meeting schedule to avoid the need for special meetings; and WHEREAS, it is the Council's policy to plan for breaks in its schedule at the end of August and December and to avoid scheduling meetings on Election Day. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that regular Council meetings shall be scheduled for the following dates in 2009: January: 13, 27 February: 10, 24 March: 17, 31 April: 14, 28 May: 12, 26 June: 9, 23 July: 7, 21 August: 4 September: 15, 29 October: 13, 27 November: 10, 24 December: 8 APPROVED this 23rd day of September 2008. ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOMCOUNTY, WASHINGTON Carl Weimer, Council Chair 257