HomeMy WebLinkAboutPacket Sep 15 2009WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 363
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
9/8/2009
GCC E �MCD
S E P 0 8 2009
9/15/2009
Natural Resources
Division Head.-
Dept. Head.-
Prosecutor:
'WHATCOM COUNTY
Purchasin Bud et:
o..r Q U N C I L_
Executive:
TITLE OF DOCUMENT. -
Update from Public Works regarding Salmon recovery efforts
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
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.)
Update from Whatcom County Public Works Administration regarding the County's salmon recovery efforts
COMMITTEEACTION.
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the CounLys website at. www.co.whatcomwa.uslcouncil,
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-320c
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
CWeinier
"5/2009
p
�j D
VVJ
917512009
Introduction
911512009
Natural Resources
Division Head:
SEP 0 8 2009
Dept. Head:
%UATCOM COUNTY
C O U R j�1 C I L
�,
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT.
Amending Ordinance 2009-057
ATTACHMENTS:
Ordinance and Attachment A showing change; SEPA review on Ordinance 2009-057 covers this proposed
amendment.
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( x ) Yes ( ) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date:9/29/09
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This ordinance amends Ordinance 2009-057 to extend the applicability of the County's Illicit Discharge,
Detection and Elimination program throughout the entire Lake Whatcom Watershed.
COMMITTEE ACTION.•
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
AB2009-320 a and 320b
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.
2
SPONSORED BY: CONSENT
PROPOSED BY: CONSENT
INTRODUCTION DATE: 9/15/2009
ORDINANCE NO. 2009-
ORDINANCE AMENDING ORDINANCE 2009-057, EXTENDING APPLICATION OF THE COUNTY'S ILLICIT
DISCHARGE, DETECTION AND ELIMINATION PROGRAM THROUGHOUT LAKE WHATCOM WATERSHED
WHEREAS, in compliance with The State of Washington Water Pollution Control Law (Chapter 90.48 RCW)
and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code,
Section 1251 et seq.), discharging certain materials to Municipal Separate Storm Sewer Systems is prohibited; and
WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal
Stormwater Permit on January 17, 2007, and Whatcom County was granted coverage; and
WHEREAS, Section S.5.C.3 of the Washington Phase II Municipal Stormwater Permit requires all permittees
to adopt appropriate ordinances and policies prohibiting illicit discharges and illegal dumping, and establishing
enforcement mechanisms for those policies; and
WHEREAS, the Whatcom County SEPA official issued a Determination of Non -Significance on June 16, 2009
for an applicability area which included the Lake Whatcom Watershed, a public hearing was held July 21, 2009 and
Ordinance 2009-057 was adopted as an interim control;
WHEREAS, the findings supporting the adoption of Ordinance 2009-057 are incorporated by reference
herein, and the Council further finds that the extension of the interim program throughout the Lake Whatcom
Watershed will assist with identifying and eliminating additional pollutant loads into Lake Whatcom, and is in the public
interest;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance 2009-057, the
interim Ordinance to Prohibit Illicit Discharges to Municipal Separate Storm Sewer System is amended as set forth in
exhibit A; and,
BE IT FURTHER ORDAINED, by the Whatcom County Council, pursuant to RCW 36.70.795, that this
ordinance shall be effective until whichever of the following events occurs first: a) a replacement ordinance is adopted
or b) the expiration of six months following the effective date of this interim ordinance, which 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
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
Daniel L. Gibson
Assistant Chief Civil Deputy Prosecutor
2009.
WHATCOM COUNTY COUNCIL,
WHATCOM COUNTY, WASHINGTON
Seth Fleetwood, Chair of the Council
( ) Approved ( ) Denied
Pete Kremen, County Executive
Date:
3
EXHIBIT A
I. Purpose and Intent
A. The purpose of this ordinance is to comply with provisions of The State of Washington Water
Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also
known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.) Discharging
certain substances to the County Municipal Separate Storm Sewage System is prohibited. It is
unlawful for any person to discharge or cause to be discharged any storm water, surface water,
roof runoff, subsurface drainage, cooling water, polluted or unpolluted industrial process waters,
or waters or wastes of a type or quality which the County's Municipal Separate Storm Sewage
System (MS4) has not been designed to receive, treat, or dispose.
By prohibiting illicit discharges to the County's stormwater collection system, this ordinance seeks to:
B.
1. Protect the vital drinking water, sensitive habitats, and recreational resources within Whatcom
County.
2. Minimize unnecessary maintenance of public facilities, and costs associated with
environmental degradation.
3. Prevent adverse, cumulative and avoidable environmental impacts.
4. Coordinate Whatcom County's Illicit Discharge Detection and Elimination activities and
programs with those of other jurisdictions.
II. Definitions
A. Clean Water Act — The Federal Water Pollution Control Act (33 United States Code, Section 1251
et seq.) and any subsequent amendments thereto.
B. Ground Water — Water in a saturated zone or stratum beneath the surface of the land or below a
surface water body.
C. Hazardous Materials — Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed,
D. Hyperchlorinated — water that contains more than 10 mg1l or parts per million (ppm) of chlorine.
E. Illicit Connection — Any man-made conveyance that is connected to a Municipal Separate Storm
Sewer System without a permit, excluding roof drains and other similar type connections.
Examples include: sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets,
or outlets that are connected directly to the Municipal Separate Storm System.
F. Illicit Discharge — Any direct or indirect non-stormwater discharge to the County's Municipal
Separate Storm Sewage System, except as expressly exempted by this chapter.
G. Illicit Discharge Detection and Elimination (IDD&E) Program — A program of investigation,
education, and enforcement to eliminate illicit connections and discharges.
H. Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs gutters, ditches,
man-made channels, or storm drains).
Page 1 of 5
0
I. National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit — A
permit issued by the Department of Ecology under the authority delegated pursuant to the Clean
Water Act.
J. Non-stormwater Discharge — Any discharge to the MS4 that is not composed entirely of
stormwater.
K. Pollutant — Anything which causes or contributes to pollution, and noxious or offensive matter of
any kind.
L. Stormwater — Runoff during and following precipitation and snowmelt events, including surface
runoff and drainage.
III. Administrative Provisions
A. The administrative portions of this ordinance shall be overseen by the Director of Public Works or
his/her designee. The enforcement provisions of this ordinance shall be overseen by the Director
of Planning and Development Services pursuant to Whatcom County Code 2.32.030, the Director
of the Department of Health pursuant to Whatcom County Code, Title 24 (Health Code), and the
County Sheriff, or their respective designees.
B. This ordinance is adopted under the authority of The State of Washington Water Pollution Control
Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean
Water Act, Title 33 United States Code, Section 1251 et seq.).
C. Prohibited Discharges. No person or entity or others under their control shall throw, drain, or
otherwise discharge, to the County's MS4 and/or surface and ground waters any materials other
than stormwater. The following list is not meant to be entirely inclusive, but to provide a list of
examples:
1. Trash or debris;
2. Construction materials;
3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil;
4. Anti -freeze and other automotive products;
5. Metals in either particulate or dissolved form;
6. Flammable or explosive materials;
7. Radioactive material;
8. Batteries;
9. Acids, alkalis, or bases;
10. Paints, stains, resins, lacquers, or varnishes;
11. Degreasers and/or solvents;
12. Drain cleaners;
13. Pesticides, herbicides, or fertilizers;
14. Steam cleaning wastes;
15. Soaps, detergents, or ammonia;
16. Swimming pool or spa filter backwash;
17. Chlorine, bromine, or other disinfectants;
18. Heated water;
19. Domestic animal wastes;
Page 2 of 5
5
20. Sewage;
21. Recreational vehicle waste;
22. Animal carcasses;
23, Food wastes;
24. Bark and other fibrous materials;
25. Lawn clippings, leaves, or branches;
26. Silt, sediment, concrete, cement or gravel;
27. Dyes;
28. Chemicals not normally found in uncontaminated water;
29. Any other process -associated discharge except as otherwise allowed described under
conditional discharges;
30. Any other hazardous material.
D. Conditional discharges. The following types of discharges shall not be considered illegal
discharges if they meet the stated conditions, unless the Director of Public Works or his/her
designee determines that the type of discharge, whether singly or in combination with others, is
causing, or is likely to cause pollution of surface water or groundwater.
1. Discharges from potable water sources, including water line flushing, hyper -chlorinated water
line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned
discharges shall be de -chlorinated to a concentration of 0.1 part per million (ppm) or less, pH -
adjusted if necessary, and volumetrically and velocity controlled to prevent re -suspension of
sediments in the MS4.
2. Discharges from lawn watering and other irrigation runoff. These shall be minimized through,
at a minimum, public education activities and water conservation efforts.
3. De -chlorinated swimming pool and spa discharges. The discharges shall be de -chlorinated to
a concentration of 0.1 ppm or less, pH -adjusted and re -oxygenated if necessary,
volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4.
Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.
4. Street and sidewalk wash water, water used to control dust, and routine external building
wash down that does not use detergents. The County will reduce these discharges through,
at a minimum, public education activities (see Section S5.C.1. of The Western Washington
Phase II Municipal Stormwater Permit) and/or water conservation efforts. To avoid washing
pollutants into the MS4, contractors must minimize the amount of street wash and dust
control water used. At active construction sites, street sweeping must be performed prior to
washing the street.
5. Other non-stormwater discharges. The discharges shall be in compliance with the
requirements of the stormwater pollution prevention plan reviewed by the County, which
addresses control of construction site de -watering discharges.
E. Permissible discharges:
1. Diverted stream flows;
2. Rising ground waters;
3. Uncontaminated ground water infiltration (as defined at 40 Code of Federal Regulations
35.2005(20));
4. Uncontaminated pumped ground water;
5. Foundation drains;
Page 3 of 5
6
6. Air conditioning condensation;
7. Irrigation water from agricultural sources that is commingled with urban stormwater;
8. Springs;
9. Water from crawl space pumps;
10. Footing drains;
11. Flows from riparian habitats and wetlands;
12. Non-stormwater discharges covered by another NPDES permit;
13. Discharges from emergency fire fighting activities in accordance with Authorized Discharges
(Section S2 of The Western Washington Phase II Municipal Stormwater Permit);
F. Prohibition of Illicit Connections. The ordinance will prohibit any connection to the County's MS4
that allows prohibited or conditional discharges listed above. This prohibition includes but is
not limited to the following activities:
1. The construction, use, maintenance, or continued existence of illicit connections to the
County's MS4.
2. This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
3. A person or entity is considered to be in violation of this ordinance if the person connects a
line conveying sewage to the MS4, or allows such a connection to continue.
IV. Enforcement and Penalties.
A. Violations of this ordinance shall, except as provided in paragraph B. below, constitute Class 1
civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for
such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and
determined in accordance with the system established in Chapter 7.80 RCW. Employees of the
County department of planning and development services, and the County health department, or
their successor agencies, if any there be, as well as all others who are otherwise authorized to
enforce ordinances of this county, are hereby authorized to enforce the provisions of this title,
consistent with the provisions of Chapter 7.80 RCW. '
B. After having been found to have committed two successive infractions for violations of the same
provision of this ordinance, any person, firm, company or corporation who continues to violate this
title in the same manner shall be subject to criminal penalties including a fine of not more than
$500.00, together with costs of action, and imprisonment in the county jail for a period of not more
than six months.
C. In addition to the civil and criminal remedies provided for above, the County or the owner or
owners of land affected by violations of the provisions of this title may bring such injunctive,
declaratory or other actions as deemed necessary to ensure that violations are prevented or
cease, and to otherwise enforce the provisions of this title.
D. Any person or entity that is not responsive to compliance actions of this ordinance shall be held
monetarily responsible for any abatement costs incurred by the County in correcting the violation.
E. Appeals. Appeals may be taken and shall be heard as provided in RCW 7.80.100.
Page 4 of 5
7
V. Applicability and severability.
This ordinance shall be consistently applied to any geographical areas of the designated NPDES
Phase II permit Areas of Whatcom County, or anywhere within the entire Lake Whatcom
Watershed. Should any section or provision of this ordinance be declared invalid, such decision
shall not affect the validity of this ordinance as a whole.
Page 5 of 5
JATCOM COUNTY COUNCIL AGENDA BILL NO. A n 2 0 0 9 -14 7
CLEARANCES
Initial
Date
Date Received in Council O ace
Agenda Date
Assigned to:
Originator: Samya Lutz
�—
1 Sept 09
9115109
Natural Resources
(j �Q
IE C L� j� U V [E D
SEP Q 81009
Division Head:Al-W
9115109
Council
Dept. Head.-
� �
Prosecutor:
"
WHATCOM COUNTY
Purchasing/Budget:
%
COUNCIL
Executive:
3
TITLE OFDOCUMENT.
Cooperative Agreement between the US Commodity Credit Corporation acting through the Natural Resource
Conservation Service and Whatcom County for the Farm and Ranch Lands Protection Program
ATTACHMENTS: Memo, Cooperative Agreement, Contract Information Sheet
SEPA review required? ( ) Yes ( x) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This is the fifth Cooperative Agreement between Whatcom County and the Natural Resource Conservation Service/Commodity Credit
Corporation. The funds ($592, 933) are matching funds allocated to Whatcom Countyfor Purchase of Development Rights on
farmland, providing up to 50% of the conservation easement cost. The funds are from the federal fiscal year 2009 and will be used for
Whatcom County's eligible applicants throughout the next two years. Council is asked to authorize the Executive to sign the Agreement.
COMMITTEEACTION.•
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
2009-019
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.wliatcom.wa.us/council.
9
WHATCOM COUNTY David Stalheim
Planning & Development Services 3P�`°M CO, Director
5280 Northwest Drive a
Bellingham, WA 98226-9097 J.E. "Sam" Ryan
360-676-6907, TTY 800-833-6384 �ggy,NG�0 Assistant Director
360-738-2525 Fax
MEMORANDUM
ECEP - D
SEP 3 e 2009
TO: Whatcom County Council Members
Pete Kremen, Whatcom County Executive PEr1YEXECUTIVE
COUNT.' XECI! i IVF_
THROUGH: David Stalheim, Director
FROM: Wain Harrison, Long Range Planning Supervisor/. ?•
Samya Lutz, Planner II �--�`_ _
DATE: September 2, 2009
RE: Agricultural Purchase of Development Rights, Commodity Credit
Corporation 50% funding agreement
Whatcom County has recently been offered Farm and Ranch Lands Protection
Program funding for the Agricultural Purchase of Development Rights Program
that would cover up to 50% of conservation easement costs. The attached
contract can be executed with Executive signature upon authorization by
Council.
While seven applications totaling over 600 acres came in this year, the
attached Agreement would fund about three of these transactions. One
additional transaction (Eldridge) is moving forward with matching funds from
the WA State Recreation and Conservation Office. A supplemental budget
request is currently under review to allow this purchase to move toward
closing.
Background and Purpose
In 2001, Whatcom County began the formation of a Purchase of Development
Rights program. The purpose is to purchase conservation easements to protect
agricultural land from non-agricultural uses. The US Commodity Credit
Corporation pays for 50 percent of these purchases based on requests from
Whatcom County for land it is securing. In March of this year, Council
approved a resolution (#2209-019) authorizing the PDR program and the
Executive to proceed with conservation easement acquisitions, providing
certain conditions were met including agency coordination, landowner
agreement, and the availability of matching funds.
Funding Amount and Source
Funding of $592,933 has been authorized from the US Commodity Credit
Corporation. Matching funds will come from the Whatcom County Conservation
Futures fund.
Please contact Samya Lutz at extension 51072, if you have any questions or
concerns regarding the terms of this agreement.
10
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
BOO9O9007
Originating Department:
Planning & Development Services
Contract Administrator:
Samya Lutz
Contractor's I Agency Name:
Commodity Credit Corporation
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) 73-0546-9-007
CFDA number
Is this contract grant funded?
Yes x No _ If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process?
Yes _ No x If yes, RFP and Bid number(s)
Contract Amount: (sum of orig contract amt
If a Professional Services Agreement is more than $15,000 or a Bid is more than
and any prior amendments)
$35, 000, please submit an Agenda Bill for Council approval and a supporting
$592,933.00
This Amendment Amount:
memo. Any amendment that provides either a 10% increase in amount or more than
$10, 000, whichever is greater, must also go to Council and will need an agenda bill
$
and supporting memo. If less than these thresholds, just submit to Executive with
Total Amended Amount:
supporting memo for approval.
Scope of Services
This is the fifth Cooperative Agreement between Whatcom County and the Natural
Resource Conservation Service/Commodity Credit Corporation. The funds
($592, 933) are matching funds allocated to Whatcom Countyfor Purchase of
Development Rights on farmland, providing up to 50% of the conservation easement
cost. The funds are from the federal fiscal year 2009 and will be used for Whatcom
County's eligible applicants throughout the next two years.
Term of Contract:
Expiration Date: September 30, 2013
Contract Routinz Steps & Si-enoff` vsizn or initiall vindicate date transmitted
1. Prepared by:BB
Date 912109 [electronic]
F
2. Attorney reviewed:
Date - - 0 [electronic]
3. AS Finance reviewedi ,Q
ate ` , Z -O ' electronic]
4. IT reviewed iflT related
Date _ [electronic]
5. Corrections made: ri
Date [electronic] hard copy printed
6. Attorney signoff
Date 4
7. Contractor signed: ✓
Date .
8. Submitted to Exec Office ,/
Date !Z - 3. 0 1summary via electronic; hardcopies]
9. Reviewed by DCA
Date
10. Council approved (if necessary)
Date
11. Executive signed:
Date
12. Contractor Original
13. Returned to dept;
Date
14. County Original
to Council
Date
this form may need to expand to more than one pagethis form may need to expand to more than one page
Contract for Services Agreement
Cooperative Credit
v 1.0
11
COUNTY ORIGINAL Agreement No. 73-0546-9-007
COOPERATIVE AGREEMENT WHATCOM COUNTY' -
BETWEEN THE CONTRACT NO.
UNITED STATES OF AMERICA .? O O 9 O % 00 7
COMMODITY CREDIT CORPORATION
ACTING THROUGH THE '
NATURAL RESOURCES CONSERVATION SERVICE
and Whatcom County
for the
FARM AND RANCH LANDS PROTECTION PROGRAM
This Cooperative Agreement, made the day of , 2009 is entered into
by and between the United States of America (the United States), acting by and through the
United States Department of Agriculture (USDA) Natural Resources Conservation Service
(MRCS) on behalf of the Commodity Credit Corporation (CCC), and Whatcom County for the
implementation of the Farm and Ranch Lands Protection Program (FRPP). The CCC shall
utilize the expertise and services of NRCS to administer this program and perform the duties set
forth within this Cooperative Agreement. The term "Parties" as used herein refers collectively to
the United States and Whatcom County.
I. AUTHORITY.
This Cooperative Agreement is entered into by the United States under the authorities of
the Commodity Credit Charter Act, 15 U.S.C. 714 et seq. and Title II, Subtitle E, Section 2401 of
the Food, Conservation, and Energy Act of 2008, Public Law 110-234, 16 U.S.C. 3838h and i.
In addition to these authorities, this Cooperative Agreement will be administered in accordance
with the policies and procedures set forth in the FRPP regulation, 7 CFR part 1491. The CCC
administers the FRPP under the general supervision of the Chief of the NRCS who is a Vice
President of the CCC.
12
II. BACKGROUND AND PURPOSE.
Section 2401 of the Food, Conservation, and Energy Act of 2008 authorizes the Secretary
of Agriculture to facilitate and provide funding for the purchase of conservation easements that
are subject to pending offers from eligible State, Tribal or units of local government or
nongovernmental organizations for the purpose of protecting the agricultural uses and related
conservation values of eligible land by limiting non-agricultural uses of the land. To be eligible,
the farm or ranch land must meet one of three criteria: contain prime, unique, or other productive
soil; contain historical or archaeological resources; or further a State or local policy consistent
with the purposes of the program. The Food, Conservation, and Energy Act of 2008 authorized
FRPP funding for fiscal years 2008 through 2012.
WHEREAS, Whatcom County and the United States have mutual interests in preventing
the conversion of agricultural lands to non-agricultural uses; and
WHEREAS, the United States administers the FRPP through ]VRCS on behalf of the
CCC; and
WHEREAS, Whatcom County administers a farmland protection program and has
pending offers for acquiring agricultural conservation easements from landowners within the
county, and the United States and Whatcom County agreed to combine their resources to assure
that such areas are protected from conversion to nonagricultural uses.
THEREFORE, the parties agree to enter into this Cooperative Agreement.
III. BENEFITS
The benefit of this Cooperative Agreement is that funds will be provided to the
cooperating entity for the protection of farm and ranch lands from conversion to non-agricultural
use. Section,2401 of the Food, Conservation, and Energy Act of 2008 authorizes the Secretary of
Agriculture to provide funding for the purchase of conservation easements by eligible State,
Tribal or units of local government or nongovernmental organizations. Section 1238I of the
Food, Conservation, and Energy Act of 2008 authorizes the Secretary of Agriculture to enter into
agreements with eligible entities.
1)
13
IV. OBLIGATION OF FUNDS
Upon execution of this agreement, the. United States shall obligate the sum of
$592,933.00 for the acquisition by Whatcom County of conservation easements for the parcels
listed on Attachment A. This agreement may be revised to obligate funds in Fiscal Years 2010
and 2011 if the cooperating entity submits parcels that rank high enough to warrant the obligation
of funds. Whatcom County must close on the easement acquisition and request payment of this
amount in accordance with Part VII of this Cooperative Agreement before the dates in the table
below.
Fiscal Year
Attachment with
Associated
Parcels
Funds Obligated
Fund Citation
2009
A
$592,933.00
0969F
2010
B
NA
NA
2011
C
NA
NA
Fiscal Year
of Fund
Obligation
Attachment with
Associated
Parcels
Closing Deadline
Payment
Request
Deadline
Fund Disbursement
Deadline
2009
A
January 31, 2011
June 30, 2011
September 30, 2011
2010
B
March 31, 2012
August 31, 2012
September 30, 2012
2011
C
March 31, 2013
August 31, 2013
September 30, 2013
This Cooperative Agreement expires on September 30, 2013.
This Cooperative Agreement is the authorizing document that obligates CCC funds to
acquire conservation easements. The United States' contribution for the acquisition of each
conservation easement acquired by Whatcom County shall be up to but not more than 50% of the
appraised market value of the conservation easement. The United States' contribution cannot be
used for closing and related administrative costs incurred by Whatcom County and in acquiring
the conservation easement. Attachments A, B, and C to this Cooperative Agreement specify the
properties on which CCC funds will be used within the county and includes a list with a detailed
breakdown of the: (1) name and mailing address of the landowner; (2) number of acres to be
acquired; (3) the estimated conservation easement value, and (4) estimated Federal contribution
to the estimated conservation easement value. However, nothing in this document obligates the
United States or Whatcom County to purchase all or any of the conservation easements parcels
listed. There may be further modifications, additions or deletions to the list depending on the
prices paid for the conservation easements, the ability to obtain good and clear title, future
funding for acquisitions, etc. Additions or deletions to the Attachments A, B, and C will be
made by mutual agreement between the Parties to this Cooperative Agreement. Additions to
Attachments A, B, and C must have written pending offers and the parcels and the landowners
must meet eligibility requirements. The pending offers may be from any year. The additions and
14
deletions must be made by a formal amendment to this cooperative agreement and must contain
the same deadlines for closing easements, requesting reimbursement, and certifying payments.
V. FEDERAL CONTRIBUTION
The Federal contribution for parcels must be based on an appraisal of the conservation easement
performed by a certified general appraiser in accordance with either the Uniform Standards of
Professional Appraisal Practices (USPAP) OR the Uniform Appraisal Standards for Federal Land
Acquisitions (UASFLA) (Interagency Land Acquisition Conference, 2000) AND policies and
procedures in the NRCS Conservation Programs Manual, Part 519. The appraisal must have an
effective date that is within twelve months of the closing date. For appraisals performed in
accordance with the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA),the
appraiser must have completed training in using the Uniform Appraisal Standards for Federal
Land Acquisitions (UASFLA) as well as either eminent domain or conservation easements and
have experience in appraising agricultural property with and without conservation easements.
For appraisals performed in accordance with the Uniform Standards of Professional Appraisal
Practices (USPAP), the appraiser must have completed training in either eminent domain or
conservation easements and have experience in appraising agricultural property with and without
conservation easements.
The cooperating entities must submit four copies of each appraisal to NRCS no less than 90 days
before for proposed closing date for administrative and technical review. Easements will not be
closed until administrative and technical reviews are completed on each appraisal and any
deficiencies are resolved.
VI. COOPERATING ENTITY'S CONTRIBUTION
Whatcom County, herein the Cooperating Entity, or its designated escrow agent must disburse
100 percent of the payment, representing the easement purchase price, to the landowner at the
time of closing. The Cooperating Entity must contribute in cash at least 25 percent of the
purchase price (appraised fair market value minus the landowner donation) of the easement.
Prior to NRCS accepting the conservation easement and issuing a payment, Whatcom County
shall self -certify on the NRCS CPA-230, Confirmation of Matching Funds, that Whatcom
County of matching funds has not come from additional donations, payments, loans or fees made
by or charged to the Grantor of the Conservation Easement, immediate family members, or
organizations controlled by or funded by the Grantor of the Conservation Easement grantor,
either through formal or informal agreements.
The Cooperating Entity must have an appraisal of the conservation easement performed by a
certified general appraiser in accordance with the Uniform Standards of Professional Appraisal
Practices (USPAP) OR the Uniform Appraisal Standards for Federal Land Acquisitions
(UASFLA) (Interagency Land Acquisition Conference, 2000) AND policies and procedures in
the NRCS Conservation Programs Manual, Part 519. The appraisal must have an effective date
that is within twelve months of the closing date. For appraisals conducted in accordance with the
Ll
15
Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), the appraiser must have
completed training in using the Uniform Appraisal Standards for Federal Land Acquisitions
(UASFLA) as well as either eminent domain or conservation easements and have experience in
appraising agricultural property with and without conservation easements. For appraisals
conducted in accordance with Uniform Standards for Professional Appraisal Practice (USPAP),
the appraiser must have completed training in either eminent domain or conservation easements
and have experience in appraising agricultural property with and without conservation easements.
The Cooperating Entity must make all contributions in accordance with the policies and
procedures in the NRCS Conservation Programs Manual, Part 519.
VII. PAYMENTS
Whatcom County shall notify the United States when the CCC funds are to be paid. CCC
funds shall be paid to Whatcom County when the United States is provided a copy of the
recorded Conservation Easement Deed and Whatcom County has paid the landowner(s). Where
Whatcom County cannot obtain 100 percent of the funds to be paid at closing to the landowner(s)
and requires the United States to make its payment at closing rather than on a reimbursable basis,
Whatcom County may request a waiver for the United States to pay its share of the Conservation
Easement purchase at closing. When a waiver is requested, Whatcom County shall notify the
United States at least 60 days prior to closing, and the United States will make payment to an
authorized closing agent via electronic transfer. The closing agent will hold the funds in escrow
for a period not to exceed 14 calendar days. Upon receipt of the funds, the closing agent will
sign a payment receipt form and return it to the United States. If interest is earned on CCC
funds, the closing agent must return any interest earned to the United States.
All Conservation Easement Deeds used by Whatcom County must be approved by NRCS
and the Office of General Counsel (OGC) prior to purchase of the conservation easement. All
conservation easement deeds or templates must be submitted to NRCS 90 days before the
intended closing date of the first parcel for which the deed will be used.
In order to obtain payment of FRPP funds, Whatcom County will submit Form SF-270
(Request for Advance/Reimbursement of Funds), and the information specified below to the
Spokane, Washington NRCS State Office. Prior to submitting the SF-270, Whatcom County
must also request a copy of closing agent requirements from the United States and ensure that the
closing agent meets these requirements. Whatcom County may submit the Form SF-270 prior
to closing when a payment is issued at closing, after all the deeds have been recorded and the
landowner has been paid, or on a quarterly basis for each quarter that Conservation Easement
Deeds have been recorded and the landowner(s) have been paid.
At a minimum, the following information shall be included in, or attached to, the SF-270,
prior to NRCS accepting the conservation easement and disbursing payment: (1) the name of
Whatcom County; (2) this Cooperative Agreement number; (3) Conservation Easement numbers
(if applicable); (4) landowner name; (5) landowner's tax identification number (TIN) or social
security number; (6) total amount of dollars paid the landowner for each conservation easement,
specifying the CCC share and the non-CCC share of the Conservation Easement cost; (7) term of
16
conservation easement; (8) acres acquired for each Conservation Easement; (9) Tax
Identification Number (TIN) for Whatcom County ; (10) Federal Information Processing
Standards (FIPS) number for Whatcom County (11) bank routing number and account number
for desired deposit location; (12) copy of the recorded Conservation Easement Deed(s) for each
easement; and (13) NRCS CPA-230, Confirmation of Matching Funds for each easement; and
(14) a copy of the ALTA title insurance policy for each Conservation Easement.
VIII. CONSERVATION EASEMENT REQUIREMENTS.
Whatcom County shall ensure that conservation easements acquired under this agreement:
1. run with the land in perpetuity or the maximum allowable under State law, where
State law prohibits a permanent easement.
2. protect agricultural use and related conservation values by limiting nonagricultural
uses of the land;
3. provide for the administration, management, and enforcement of the Conservation
Easement by Whatcom County;
4. require management of highly erodible land on the property in accordance with a
conservation plan that is developed utilizing the standards and specifications of the
NRCS field office technical guide,.? CFR part 12. The following paragraphs shall be
included in all Conservation Easements acquired using FRPP funds:
As required by section 1238I of the Food Security Act of 1985, as amended, the Grantor, his heirs,
successors, or assigns, shall conduct agricultural operations on highly erodible land on the Protected
Property in a manner consistent with a conservation plan prepared in consultation with NRCS and the
Conservation District. This conservation plan shall be developed using the standards and specifications
of the NRCS Field Office Technical Guide and 7 CFR part 12 that are in effect on the date of this
Conservation Easement Deed. However, the Grantor may develop and implement a conservation plan
that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical
Guide standards and specifications. NRCS shall have the right to enter upon the Protected Property,
with advance notice to the Grantor, in order to monitor compliance with the conservation plan.
In the event of noncompliance with the conservation plan, NRCS shall work with the Grantor to
explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the Grantor does not comply with the conservation plan, NRCS
will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps
(including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure
compliance with the conservation plan following written notification from NRCS that (a) there is a
substantial, ongoing event or circumstance of non-compliance with the conservation plan, (b) NRCS
has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal
rights under applicable NRCS regulations.
If the NRCS standards and specifications for highly erodible land are revised after the date of this
Conservation Easement Deed based on an Act of Congress, NRCS will work cooperatively with the
Grantor to develop and implement a revised conservation plan. The provisions of this section apply to
the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program
and are not intended to affect any other natural resources conservation requirements to which the
Grantor may be or become subject.
17
5. where parcels are being enrolled in FRPP based on historical and archaeological
resources include, at minimum, a paragraph identifying standards and guidelines for
treatment and maintenance of these resources is required within the deed. These
guidelines should be based on the Secretary of the Department of the Interior's
Standards and Guidelines for Historic Preservation. Whatcom County will ensure
that title restriction to protect any historical and archaeological structure(s) is
appended to the Conservation Easement Deed and included in any succeeding
transfers; and
6. include the following "Right of Enforcement" provision:
Under this Conservation Easement, the United States is granted the right of
enforcement in order to protect the public investment. The Secretary of the United
States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the
United States, may exercise this right of enforcement under any authority available
under State or Federal law if Whatcom County fails to enforce any of the terms of this
Conservation Easement, as determined in the sole discretion of the Secretary.
7. include the following "General Indemnification" provision:
"General Indemnification. Grantor shall indemnify and hold harmless the United
States, its employees, agents, and assigns for any and all liabilities, claims, demands,
losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, and costs
of actions, sanctions asserted by or on behalf of any person or governmental authority,
and other liabilities (whether legal or equitable in nature and including, without
limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to
which Grantee may be subject or incur relating to the Protected Property, which may
arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's
breach of any representation, warranty, covenant, agreements contained in this
Conservation Easement Deed, or violations of any Federal, State, or local laws,
including all Environmental Laws."
8. include the following "Environmental Warranty" provision:
"Environmental Warranty. Grantor warrants that it is in compliance with, and shall
remain in compliance with, all applicable Environmental Laws. Grantor warrants that
there are no notices by any governmental authority of any violation or alleged violation
of, non-compliance or alleged non-compliance with or any liability under any
Environmental Law relating to the operations or conditions of the Property. Grantor
further warrants that it has no actual knowledge of a release or threatened release of
Hazardous Materials, as such substances and wastes are defined by applicable federal
and state law.
7
IN
Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and
the United States against all litigation, claims, demands, penalties and damages,
including reasonable attorneys' fees, arising from or connected with the release or
threatened release of any Hazardous Materials on, at, beneath or from the Protected
Property, or arising from or connected with a violation of any Environmental Laws by
Grantor or any other prior owner of the Protected Property. Grantor's indemnification
obligation shall not be affected by any authorizations provided by Grantee or the
United States to Grantor with respect to the Protected Property or any restoration
activities carried out by Grantee at the Protected Property; provided, however, that
Grantee shall be responsible for any Hazardous Materials contributed after this date to
the Protected Property by Grantee.
"Environmental Law" or "Environmental Laws" means any and all Federal, state, local
or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing
standards of liability or standards of conduct (including common law) concerning air,
water, solid waste, hazardous materials, worker and community right -to -know, hazard
communication, noise, radioactive material, resource protection, subdivision, inland
wetlands and watercourses, health protection and similar environmental health, safety,
building and land use as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous
chemicals, hazardous wastes, hazardous substances, extremely hazardous substances,
toxic substances, toxic chemicals, radioactive materials, infectious materials and any
other element, compound, mixture, solution or substance which may pose a present or
potential hazard to human health or the environment."
9. include provisions regarding the amount of impervious surfaces permitted on the
Property, in accordance with the NRCS Conservation Programs Manual, Part 519.
10. include signature of a responsible NRCS official on the Conservation Easement
Deed, accepting the property interest of the United States.
11. Include other terms that may be required by OGC or FRPP policy, such as a general
indemnification clause and hazardous materials warranty.
12. Address the following permitted uses of the Protected Property by the Grantor in the
Conservation Easement Deed. Other permitted uses may be added if they do not conflict
with the conservation values of the Protected Property. For forms further explanation of
these provisions see the NRCS Conservation Programs Manual, Part 519.64 B. 7.
a. Agricultural Production - the production, processing, and marketing of
agricultural crops for the purposes consistent with the terms of the Conservation
Easement Deed.
19
b. Forest Management and Timber Harvest - forest management and timber
harvesting shall be performed in accordance with a written forest management
plan consistent with the Conservation Easement Deed.
c. Wetland Pond Restoration and Creation - permitted if it is consistent with the
terms and purposes of the Conservation Easement Deed.
d. Non -developed Passive Recreation and Educational Activities - permitted if it
does not impact the soils and the agricultural operations and is consistent with the
purpose of the Conservation Easement
e. Customary Rural Enterprises - permitted on the Protected Property and in the
buildings constructed and maintained for the agricultural use of the Protected
Property. Customary rural enterprises that require their own buildings are
prohibited.
f. Agri -tourism - -Low impact agri-tourism activities are permitted, such as farm
tours, work experiences, field trips, petting zoos, corn mazes, and hay rides.
g. Roads - permitted if they are already in place and any new roads necessary to
carry out the agricultural operations on the Protected Property.
h. Fences - may be maintained and replaced and new fences installed if they are
necessary for agricultural operations on the Protected Property or to mark
boundaries of the Protected Property.
i. Oil and Gas Exploration and Extraction - allowed if the method of extraction is
from another parcel, or is limited in the number of wells (one per 320 acres) and
the amount of disturbance associated with each well including access roads (one
acre per well), and thus has minimal impact on the Protected Property.
13. Include the following prohibited uses of the Protected Property and any other
prohibited uses necessary to protect the conservation values of the Protected Property.
The following activities may be prohibited subject to qualification. Other provisions may
be added when they are necessary to protect the conservation values of the Protected
Property. The introduction to this section of the Conservation Easement Deed must
include a statement that all activities that are inconsistent with the purposes of the
Conservation Easement are prohibited. For forms further explanation of these provisions,
see the NRCS Conservation Programs Manual, Part 519.64 B. 6.
a. Industrial or Commercial Uses - prohibited unless expressly permitted for
agricultural purposes.
0
20
b. Construction on the Protected Property - limited to structures and
improvements that support the agricultural use of the Protected Property.
c. Mining — prohibited, except for limited mining to the extent that the materials
mined (e.g. sand, gravel, or shale) are used for agricultural operations on the
Protected Property. In that case, extraction must be limited to a small, defined
area or acreage.
d. Motorized Vehicle Use - prohibited except to support agricultural use, forestry,
habitat management, law enforcement and public safety, or conservation uses of
the Protected Property,
e. Granting of easements for utilities and roads — prohibited when the utility of
road will adversely impact the conservation values of the easement deed,
including the land's use for agriculture.
f. Waste and Dumping - prohibited.
g. Signage — prohibited except for signs to identify the farm or ranch and signs to
identify the farm or ranch as a participant in FRPP and the Local Grantee's
program. Conservation easement deeds should specify limitations on sign size.
h. Subdivision — generally prohibited unless required by state or local regulations
to construct residences for employees working on the Protected Property.
i. Surface Alteration — prohibited unless it is in accord with general agricultural
uses of the Protected Property.
IX. RESPONSIBILITIES.
A. Those of the United States -
1. The United States, by and through the NRCS, shall provide technical and other
services required to assist the landowner in developing an appropriate conservation plan in
accordance with 7 CFR part 12. To ensure that the conservation plan is implemented in
accordance with 7 CFR part 12, the NRCS will be provided the opportunity to conduct periodic
field visits on lands that are enrolled in the FRPP and associated lands owned or managed by the
landowner which are also subject to 7 CFR part 12.
2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to
Whatcom County in accordance with Part IV and VII of this Cooperative Agreement.
10
21
3. Prior to NRCS accepting the conservation easement and processing the payment,
NRCS shall: ensure that a conservation plan for highly erodible lands is developed in accordance
with 7 CFR part 12 and that an AD-1026, obtain approval of the conservation easement deed or
Conservation Easement Deed template from the National Headquarters of the NRCS or the
Office of the General Counsel; and acquire: a signed letter from the closing agent indicating that
the agent meets FRPP closing agent requirements, an executed NRCS CPA-230, Confirmation of
Matching Funds, and a copy of the title commitment.
4. NRCS shall conduct administrative and technical reviews of appraisals in accordance
with NRCS Conservation Programs Manual, Part 519.
5. NRCS shall certify payment for all conservation easements for parcels listed on
Attachment A acquired by September 30, 2011.
B. Those of Whatcom County -
1. Whatcom County shall perform necessary legal and administrative actions to ensure
proper acquisition and recordation of valid Conservation Easement Deeds.
2. Whatcom County shall pay all costs of conservation easement procurement and will
operate and manage each conservation easement in accordance with Whatcom County program,
this Cooperative Agreement, and 7 CFR part 1491. The United States shall have no
responsibility for the costs or management of the conservation easements purchased by Whatcom
County unless it exercises its rights under a Conservation Easement Deed. Whatcom County
shall indemnify, and hold the United States harmless for any costs, damages, claims, liabilities,
and judgments arising from past, present, and future acts or omissions of Whatcom County in
connection with its acquisition and management of the conservation easements acquired pursuant
to this Cooperative Agreement. This indemnification and hold harmless provision includes but is
not limited to acts and omissions of Whatcom County 's agents, successors, assigns, employees,
contractors, or lessees in connection with the acquisition and management of the conservation
easements acquired pursuant to this Cooperative Agreement which result in violations of any
laws and regulations which are now or which may in the future become applicable.
3. Non -governmental organizations shall continue to meet the requirements specified in
Title II, Subtitle E, Section 2401 of the Food, Conservation, and Energy Act of 2008. The Act
states that eligible organizations are "any organization that —
(A) is organized for, and at all times since the formation of the organization has been
operated principally for, 1 or more of the conservation purposes specified in clause
(i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986;
(B) is an organization described in section 501(c)(3) of that Code that is exempt from
taxation under 501 (a) of that Code;
(C) is described in section 509 (a)(1) or (2) of that Code; or
(D) is described in section 509(a) (3) of that Code and is controlled by an organization
described in section 509 (a) (2) of that Code."
11
22
4. Whatcom County shall address in each Conservation Easement Deed in which CCC
funds are used as part of the acquisition the permitted/prohibited uses set forth in Part VIII of this
Cooperative Agreement.
5. Prior to payment certification, Whatcom County shall ensure that all lands for which a
conservation easement has been acquired will have a conservation plan, as described in Part VIII
of this Cooperative Agreement.
6. Whatcom County shall prohibit all non-agricultural uses of the encumbered properties,
except for recreational uses, such as hiking, hunting, fishing, boating, horseback riding to the
extent those activities do not conflict with the purpose of Section 2401 of the Food,
Conservation, and Energy Act of 2008 (Pub. L. 110 — 234).
7. At a minimum, Whatcom County shall monitor FRPP Protected Properties on an
annual basis to ensure that the Conservation Easement Deeds are being implemented according
to the deed provisions. An annual report of the status of acquired Conservation Easements and
Conservation Easements pending acquisition will be submitted to the NRCS representative at the
State level. The NRCS representative will define the format of this report.
8. In acquiring Conservation Easements, Whatcom County shall ensure that the title to the
lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved
interests, Whatcom County shall ensure that any outstanding interests are subordinated to the
Conservation Easement Deed or that any exceptions from this subordination requirement are
approved by the NRCS and are consistent with the purposes of the Farm and Ranch Lands
Protection Program. Whatcom County shall provide to NRCS a copy of the title commitment or
title report 90 days before the intended closing date and any other requested documentation
related to title so that OGC may issue a title opinion for the United States prior to closing.
Whatcom County shall assure that proper title evidence is secured.
9. Whatcom County shall have an appraisal conducted on the Protected Property prior to
NRCS accepting an interest in the Conservation Easement. The appraisal shall be conducted by
a certified general appraiser and shall conform to the Uniform Standards of Professional
Appraisals Practices OR the Uniform Appraisal Standards for Federal Land Acquisitions
(Interagency Land Acquisition Conference, 2000).
10. Whatcom County shall not use FRPP funds to place an easement on a property in
which Whatcom County's employee or board member, with decision -making involvement in
matters related to easement and acquisition and management, has a property interest. Whatcom
County shall not use FRPP funds to place an easement on a property in which a person who is an
immediate family member or household member of an employee or board member, with
decision -making involvement in matters related to easement acquisition and management, has a
property interest. Further, Whatcom County agrees to generally conduct itself in a manner so as
to protect the integrity of conservation easement deeds which it holds as well as avoid the
appearance of impropriety or actual conflicts of interests in its acquisition and management of
conservation easements.
12
23
11. Whatcom County agrees that it will not at any time, when Whatcom County is named
as a Grantee on the Conservation Easement Deed, seek to acquire the remaining fee interest in
the Protected Property. Likewise, if Whatcom County enters into an agreement with another
entity to manage/monitor the Conservation Easement, and the entity seeks to acquire the
underlying fee, Whatcom County agrees to immediately terminate such a relationship and
arrange for an uninterested party to manage/monitor the Conservation Easement.
12. When a conservation plan violation is reported to the Cooperating Entity by NRCS,
after all administrative and appeal rights have been exhausted by the landowner in accordance
with 7 CFR part 12 and 7 CFR part 614, Whatcom County shall implement easement
enforcement procedures.
13. Paragraphs 2, 3, 6, 7, 10, 11, and 12 of this Section shall survive the termination or
expiration of this agreement.
X. GENERAL PROVISIONS.
A. The term of this Cooperative Agreement shall be from the date of the last signature affixed
hereto through September 30, 2013.
If Conservation Easements on all the parcels listed on Attachments A, B, and C or the
replacements for those parcels are not closed or reimbursement is not requested by the dates
indicated in Section III, any remaining funds will be released from this obligation unless the
Cooperative Agreement is extended for specific Conservation Easements, as provided for in
paragraph IX(C).
B. No assignment in whole or in part shall be made of any right or obligation under this
Cooperative Agreement without the joint approval of both the United States and Whatcom
County. Nothing herein shall preclude the United States or Whatcom County from entering into
other mutually acceptable arrangements or agreements, except as identified in Part IX of this
cooperative agreement. Such documents shall be in writing, reference this Cooperative
Agreement, and shall be maintained as part of the official Cooperative Agreement file.
C. This Cooperative Agreement may be amended or modified by written amendment signed by
the authorized officials of the United States and Whatcom County. The Cooperative Agreement
may only be extended with the permission of the Deputy Chief for Programs of the Natural
Resources Conservation Service and only if extenuating circumstances occur with the individual
Conservation Easements for which an extension is requested.
D. The United States may terminate this Cooperative Agreement if the United States determines
that Whatcom County has failed to comply with the provisions of this Cooperative Agreement or
if it determines that it is in the best interests of the United States to terminate. In the event that
13
24
this agreement is terminated for any reason, the financial obligations of the parties will be as set
forth in 7 CFR parts 1403, 3016 and 3019, as applicable.
E. This Cooperative Agreement constitutes financial assistance and, therefore, falls under the
Uniform Federal Assistance Regulations at 7 CFR parts 3015, 3016 and 3019, for the purposes of
administering this Cooperative Agreement, the procedures set forth at 7 CFR parts 3015, 3016
and 3019 as well as OMB Circular A-122 apply, as applicable.
1. 7CFR, Part 3017, Government Debarment and Suspension;
2. 7CFR, Part 3 02 1, Government -wide Requirements for a Drug -free Workplace;
3. 7CFR, Part 3052, Audits of Institutions of Higher Learning and Non -Profit Institutions;
4. 2CFR, Part 215, Uniform Administrative Requirements 9Grants and Agreements with
Institutions of Higher Learning, Hospitals, and Other Non-profit Organizations);
5. Office of Management and Budget (OMB) Circulars A-110 and A-122, Cost Principles
for Non -Profit Organizations; and
6. Treasury Circular 1075, Withdrawal of Cash from Treasury for Advance under Federal
and Other Programs
F. It is the intent of the United States to fulfill its obligations under this Cooperative Agreement.
However, NRCS cannot make commitments in excess of funds authorized by law or made
administratively available. If NRCS cannot fulfill its obligations under this Cooperative
Agreement because of insufficient funds, this Cooperative Agreement will automatically
terminate.
G. Whatcom County shall give CCC, the United States, or the Comptroller General, through any
authorized representative, access to and the right to examine all records, books, papers, or
documents related to this Cooperative Agreement.
H. Whatcom County agrees to comply with all applicable Federal, State, and local laws.
I. If any recipient of Federal funds under this Cooperative Agreement -materially fails to comply
with the terms of this Cooperative Agreement, the United States reserves the right to wholly or
partially recapture funds provided in accordance with applicable regulations.
XII. PRINCIPAL CONTACTS.
14
25
The United States representative for this Cooperative Agreement is:
David C. Brown
Assistant State Conservationist - Programs
Natural Resources Conservation Service
on behalf of the Commodity Credit Corporation
316 W. Boone Ave., Ste 450
Spokane, WA 99201-2348
(509) 323-2900
The Whatcom County's representative for the Cooperative Agreement is:
County Executive, Pete Kremen
Whatcom County
311 Grand Avenue
Bellingham, WA 98226
360-676-6717
IN WITNESS WHEREOF, the following authorized representatives of the United States and the
Whatcom County have executed this Cooperative Agreement.
Whatcom County
By: Pete Krdmen, Executive
Whatcom County
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
By: " Rolene Rides at the Door
State Conservationist
rIAred asto frosecuting A orney Da
15
26
Whatcom County
Recommended for approval
Title: Whatcom County Executive
Date:
STATE OF WASH INGTON )
) ss.
COUNTY OF )
On this day of , 2009 before me personally appeared
to me know 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
27
Attachment A
List of Pending Conservation Easement Offers on Which the Obligation of FY 2009 Funds is
Based
Landowner's Name and
Address
Acres
Estimated
Conservation
Easement
Value
Estimated Federal Contribution
to the Estimated Conservation
Easement Value (no greater
than 50% of the Estimated
Value)
John and Diane VanderVeen
2816 Lindsay Rd
Everson, WA 98247
128.6
$519,840
$259,920
Shannon and Larae Tjoelker
1682 Burk Rd
Blaine, WA 98230
80.12
$180,540
$90,270
Dean and Heather Tjoelker
1530 Burk Rd
Blaine, WA 98230
115.54
$485,486
$242,743
16
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 364
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
9/8/2009
o
� ECWED
�+
JEP O 8 .2009
�/�/
UVHt'iTC�iVI COUNTY
COUNCIL
9/15/2009
Council
Division Head:
Dept. Head.
Prosecutor:
Bud et:
Executive:
TITLE OF DOCUMENT:
Update from the Whatcom County Library on an upcomng ballot issue
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) 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.)
Update from the Whatcom County Library on an upcoming ballot issue.
COMMITTEEACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at. www.co.whatcom.wa.uslcouncil.
29
a L
4+ a
3 a E C Q (o L
y •Y LJ J O C O
} O 0 L L > O `�
a C co +� > -° -0
Y 3 a u a c a a c
a C C > 3 U) m
uO C m 4+ •- a O YO m E
(o C Y .> U a 'Q a
-0 O O C E O 41 O
a 4- 4L (o O ° C U -°
U C I u Y C
C C ° 3 (O C L m
C U 4-- U m O �> UO Val U
ld
�• � � O L > __ N f0
V, o a. a o >. O _ s
a u ++ L w a 3 �..� -0
u -0 m-a (o - E L a vi
C L L a N O a a
L tw s > - '� o V CL >
Vf CO M Q C aii +s •a C W
(LO a " �S o L E
a C
L Qai _0 O Y ..0 'L v, V1 C EU Y
a"i Y'T .L Q 0 N O O -Q
Ln
a
= T
O
Y
C
(D
=
CL
y
Y
�>
L
O
0
(O
m
mY O
a
>
-a
0—
i
U
G1
µ= 0-~
as
U
° O
V)O
O
L O
(�
L
- >•
aj
cc
CLO
ON C ,a
4-
u
Y
v-
W
> -° C
a
.a
'°
CL
m L
L
Y>
v1
_
�_
a
Vf
u
a m
N
Q o
(o
Y
O
am
V
m
+'
ca 0
Sai
_0
O
V)
Y 2 c
U)'Q
,n
E
O
LJ
a
-3
CL3
m
y v)
C C po
a
•>
L
_C
a
!�
C
U)
}J
U
W
a Y -1
C O p
C
U
U)O
a
O N
O
a
•a
-0 aj
'°
a
V,
0
(O a
>
-Q C
•
3°
��
O
>C
a "a
o
C4
U
a Y In Y
In
ai
Q
'�
�
"-'
O
v1
C
L
O
N--• >� co
M1•
}'
O
"O
O
L
u— a C
Y
M
a
O
41
W
Ln
Y
`r
�
>
N
>
a v C
w
O
a 3 0 o
Q
u
o
"'
N
o
L
c°
-a
01
(o
> c
-E
L
.a
c
L
o
a
•n
a
dA
0
to a
3
s}
Q
a
—_
eo
u
7
c
am_
-a
O u
O
s
ai
(D Y Q
� Y •'O N
�
c
a-r�
O
L
>
i
'C
-0
C
c
3-0
a Q- O
O 'O
>
i
}'
O
E L
J
'O
L (io > N
Y
a
�D
(o
J
>`
Y
O
O—
V7
(0
Q v
t/I
O
u h0
•-
o o ocn
Q.
eo
'O
s u
u C
c
a
a
c
.a
3 a a
'Q
�
()
a
O
'Q -Q Q 'O
3
a
7
'O
C
7
i
I
'O
m
a
L
3
Y =
2
L
3
O
Q- 4-
—
'�
3
3>
Y
a
3
U
c
cn
3tio
-a
f°
a s
+,
'Q C
a s
3 Qj +-'
a
.a
s U
(o
— L !n a
L
Lto
O
N
s
a s
a
O '0
t
° Y i •O
3 3
J
O.
1/i
s
U C
>.3.
a
O
ui
�o
L o CL U)
N cv ° > V) O
O 1} as a� o X ".ji
o
Y
N 4- L C
Q% = >` a Y L O U •L
Y� -0u C Q m
� aN o u v L" 3 0 3
a
J L m a N O ° 4- a)
CA Q
L L O> •C (U C m +-•'
O O C)-a a� O fti. ai 7 N
>• v •U a� Ln
- a° o o a c x> >
Va, 3 C o ca •a
° ? E° .M N N 3 tn x
/cr -� Nt� _ a� a s L O Y
L i W 3 oo
o° 4- VQ> N O
LL O C)<o to O •c N N 4- Q ON (D
Q1 n _ Q CL LO (D � O �+ L (O a
a v YO O tn > U
O
3 =(0 cv1 �� G
> s°a41 ,i. O
du0 CUvY up
_a o —Z Ln 0ai >aO
'a C Q
E u u -a •a (o a
C (D OffN� (4-1 -1
o
o CL
4' N L a `n a> c s Gl O (o
Y>, 4-'i 'O a- 4-C a 0-4-
? ?) E D2 .in -0 O a CS CL to C a
ut6a a� �segri �saq ay3 �► o CO 3 (U U 3
d a m e d v c E A U C:(o a° O m E p o
m .e = u V, L 3 L > Y t/? .0 a `� a
ao d c u o �', 2s 2 O a 30 S ° (D o 2 >• t
C W LL J N1 / U CL a� U J Z, L' 4-
MPI
30
L
E
E
7
O
u
M
a)
C vi
p
ca
•L
u
...Q
C
C
O_
.N
C:
cu
V
L
O
0>U
J
'
'n
J
>U
O
m
>
O
i
a)
C
U
a)
+
C
_
c N a)
c0
0-
O
C
ca
N
>
C
a)
3
to
>
vi
U
v
O O
•c
o '�
O
O
p
-O
M
v'
U
M
a)
3
O
O�
u
O
-d
C
ca
()
N>
p J
mQ
O
N
a
m N
l0
m
-0
a)
l0
U
•u
L
O D U
�; a
.v
U U
v
C
x
a)
VI >
L
�-•,
7
O
to
a)
In
U> l6
O
U C
Q
L O
'n
to
to
C
c p .�,
U
C
O"
O
d
a)
0
a1
E
a)
�. v
o
C 7
O C O
a)
O~
J
a)
O
Q
�'
tn
O
U 'm "O
L
U
o
U
>
J VI
O_
vI
o
O
t0
fo N Y
L
(O a)
Ln
a)
(o
>
+'
of
U of
-=
Q
S
a,
n
Y�°
-
o
LYc
o L
O
a)
o
0o
QO
m U
J
o- u
2
z 0
u
Ir
D-
U>
m
D- M
n
+
+
M
O
0)
O
to
[F
MN
N
00 00
UG
IN-114
+
+
N
0)
00
UD
0)
^ 00
^
O
N
i�-1
O
N
N
1-1
U) N
M
N
N
i•-1
M
i•-1
a)
C
N
u
O
$
c0
SZ
L
L
(6
O
L
N �
O
U M
O
"�
V1
U
(D
L
N
U
N
VI
•L
L L
O
U C L
Io N a) O
i
U
Q
a)
U
O
2
L
Y a -O
tio
o
E
y
L
OA —
a)
v o
o
O
O
O
O
OU
a)
v
0
o
u
E
o
O
,n C
o a) a) Y
L
N
i
[t
�t
U"
3
a)
cc
o o
-a
S o T o
.c
U
rn
N
.0
o- _0
cu
— J
SZ U
\
N
(6 U
•.Q
L 2
N
U
Y
O L
Y
J
a)
� on v
vC
Ol
3
v
`L° c
U
cn Y
3
O
C
-0
�,
a1 N L
+-'
C U -0
a) �- O a)
O
S
N
X
—
cn
a)
•O
0- — �'
U M
t
H L
> 11
+'
>
C _ X
OA co
>`
a) '>
(US
i
�-•,
O
•a)
�C
of C 7
S
>
v
a))
Q- C
�-•� co, 0
Y 0-.�
o
IA
13
�••,
CEC o >,
Z a)
3
L=
O
o
L
-a
a)
Ln
v ,� `~ co
c a) �
0 co
iZ C
C O v
01
IZ
co
U L a) Cn
U co co >
C Y Y
— C O
•�
fo 00
.Q v a) of
++
Vf
E
(o
i a) E � _O
Ln
O cn C
0 0
-a
7 L
O
fo
O
U
s
la > O O OA
'O L .� 3
CD
o �$o
Ln
L c
s o
4- L
3 CD
O
N
a)
o
i
co a) C cn
++ >• J
O
Ln
p
s
H
i _U O co
> 0 >U
co
s
>C
o C a)
4--
'n
a1
"
H
a)
01 of
CUD a)
= O
co a)
O C to U
01
v
a)
3
U
CC)'
U cn �+
L of
'tLo
a) o v
v
v
a) a)
0" i 3
�_ o h o
•L
�- cn
a) °�' �'
a)
Y
.a? o s Q O
sZ on
3 In
3 E In to
L
01
t
C
fo
a) U
L
`� O C to
OA
L O L
M C
{n
of
O �_
}J
VI
3
+•,
�
_ �
LO
� co
L
C•�
U Y
N
o
j
a)
•to •� a)
Q• C 0 J
w
y
•y
C
a)
a) ao
o n3
L
Ln
a)
O
cn
L°
OA
c
c_
.= U on t o
C 3
-� — 3
u s O •�
,�
E
,'n„ tn O
co '> 'O a..,
.,O
O
i
o
,�
'co
a)
s •OA N
O
> C
O tL0 O
C Q
vi
Y
—
•O
O
fo
C
O
C
t3 L N
•-i
v
IA O
0
C OA
O Y
co cn m N
i
t
O
s
._
O
O +'
U
t v
MO U N
01 (0 N
O OA a) OA
41
O
Q vCL
=
vi
+�+
YCo
C
vi
.0 X Q
11
O U O O
O C
��-
7
U
3
o
U
o--
u
Ln
00
C1
T-4
7
Cr U w
v C
Y (U O CD
v a) U a E 0 o "n
L O 0) U O s m
U -13 4 a) U
s 3 m 3 0
Y C
C �A
O YI
a
m
31
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 009— 2 6 9
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
DGD
611109
June 9, 2009
Finance
Originator:1-92
E C �\ i7 E L\
U
Division Head:
JUN _ 2 2009
July 21, 2009
Finance
Dept. Head:
WHATCOM COUNTY
August 4, 2009
Finance
`
Prosecutor:
COUNCIL
Purchasin /Bud et:
Executive:
q
TITLE OF DOCUME T: Committee Discussion on Budget Stabilization Plan
ATTACHMENTS: Action Plan, Budget Strategy Implementation
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.)
Discussion regarding the proposed budget stabilization plan.
COMMITTEE ACTION:
COUNCIL ACTION:
6/09/2009: Presented
8/04/2009: Presented and discussed. Brenner stated
discuss Pierce County's process in September. Nelson
stated they will postpone the discussion on the
Administrative Services Equity Fund until September
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.
32
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Whatcom County Courthouse
311 Grand Avenue, Suite 108
Bellingham, WA 98225-4038
MEMORANDUM
To: Dana Brown -Davis, Clerk of the Council
County Council Members
From: Dewey Desler, Deputy Administratoref-
Date: July 8, 2009
Subject: Requested time for 2009 2nd quarter budget presentation
Dewey G. Desler
Director
As we continue to review our 2009 — 2010 biennium budgets we would like. to keep the
Council apprised of pertinent information. I would like to request time for presentation
and discussion of the following at the August 4th Finance Committee meeting:
Presentation of the 2009 2nd quarter budget results 112 hour
This report will cover revenues and expenses through June 2009. We will also review
progress toward budget reduction targets as outlined in the Budget Stabilization Plan.
Presentation of the Administrative Services Equity Fund 112 hour
Equipment Rental and Revolving Fund
We will present a detailed review of the Administrative Services Equity Fund and the
Equipment Rental and Revolving Fund that includes the background and current status
of both Funds.
Additional time may be required for further discussion. 15 — 30 Min.
An agenda bill is included with this memo. Please call me should you have any
questions regarding this request.
DD/twh
Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents
(360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310
Fax (360) 676 6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TW (360) 738-455533
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 345
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator.,
Sam Crawf
8/19/2009
Division Head:
Dept Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
WHAT-COMM Administrative Board 2010 Funding Proposal
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
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.
34
Daniel V. Pike, Mayor
Todd G. Ramsay, Chief of Police
August 14, 2009
Sam Crawford
Whatcom County Council
311 Grand Avenue
Bellingham, WA 98225
Dear Councilman Crawford:
505 Grand Avenue, Bellingham, Washington 98225
Telephone: (360) 778-8800
Fax: (360) 778-8601 Administration
Fax: (360) 778-8701 Records
AUG 7 2009
An error was discovered in the computation of "User Agency Shares" which changes the totals for all law
enforcement agencies for the What-Comm/Prospect 2010 Budget.
In computing the "number of incidents" for the Whatcom County Sheriff's Office, "total incident
numbers" were used instead of "total case numbers" - which should have been used per the inter -local
agreement.
A revised "User Agency Share" has been completed and is included.
I apologize for any inconvenience and can be reached at 360-778-8663 if you have any further
questions.
Sincerely,
Todd G. Ramsay
Chief of Police
""'W.
David Doll
Deputy Chief/WHATCOMM
35
O
O
O
N
00
L1J
m
W
OW
a�
Oy
�f a
a�
o }
N V
Z
LU
1L--
a
(n w
O LV
a�
O
U
a
OM
•�
'V
O
CO
00
O
° '�
-,f
c)
r-
c0
N
r-
O
o CL
0
a
O
d
0
00M
0
c
V
00
O
(o
r-
O
(::
O
M
r-
(0
cl)
r-
LO
N
L()
CL
ti
ti
o
a
o
0
0
0
0
0
0
a
O
O(D
0
0
0
O
o v
rt
O
rt
(o
rt
N
O
c '
M
'IT
N
1-
00
(M
O
p0
r
o
lD
O
0
O
r-
CO
O
CO
r-
r-
N
to
E
7O
Z
0
0
0
0
0
0
0
0
0
0
0
0
^
d
lD
O
'cf
a)
N
'If
O
O
CD
LO
CD
O
Fw"
p
c
LO
M
(''M
ll
t-
CO
0
In
N
r-
(D
OO
,�
O �
O
c-
h
'cf
Ln
00
O
00
r-
c-
O
O
Q
w
v
0
\
C
2 r-
t O
(D
co
M
0)
Cl)N
r-
LO
M
0)
00
M
w
r-
O
(0
'q
NI--
r-
Co
.-
(O
CD
00
Q
M
p) ,�;
o- c
1-
V
(D
co
O)
O
O
o
o
O
N
r
"t
ti
w
o M
00
CA
r
Ln
rt
r-
o o . O
'�
cM
N
O
O U
N
'f
0)
<> C C
O Z c U
r-
N
LL
CD=
n r_
n o
(,.)
o Z-
o Z-
U
0
o
0
0
o
0
0
0
0
0
0
0
0
0
0
0
0�
0
0
o
0
0
0
0�
0
0
o
0
o
0
(o
1-
'IT
M
In
M
O)
-1'r
00
M
0)
d
'
'If
I-
ti
I-
d
O
+
00
CD'If
LO
LO
'IT
0>
+
M
O
00
N
+
M
O
M
I-
O
Ln
Ln
of
O
IT
CO
O
r-
Ln
co
O
w
p
�'
c-
It
I-
LO
�'
N
c-
Ln
N
0o
,
N
N
O
co
th
O
r-
Ln
O
I-
r-
O
0
LO
O
N
M
d
O
—
+
?
I-
I-
M
0
M
N
?_
0
0
0
O
O
00
Ln
M
h
+
(0
ch
It
O
M
ti
N
00
r
N
N
M
OM
0+
O
U)
w
N
04
M
.-
�
N
CO
O
M
I--
O
O
O
U)P-
•-
V)
LL
t-
Imo-
LC)
M
(0
1
h
N
N
I
h
�
00
1�-
O
Cl)
w
U)
It
c-
c-
Ln
M
c-
O W
Nf
(0
O
Cl)
!t
Nf
O
00
N
(D
N0ti
co
(M
Oo
O 0
M
N
O
M
rn
ti
O
Oo
p
N
u
O
(0
N
N
(0
(0
00
It
NON
T-
L)o
m
00
00
00
h
N
ca
N�
_
Q
00
0)
Nd'
'
N
�
0)
00
N
Oo
le
N
00
N
00
to
Ph
O
O
r-I
1 -
W
Cl)LC)
O
N
00
00
00
'dt
(o
0)
V-
144
V-
1-
to
le0)
O
CD
0)
le
It
�
M
O
O
CO
O
O w
Lp
to
M
It
O
LQ
cl
LA
I
w
IL
0A
V- 0
O p
00
O
O
(0
00
tD
O
00
@)
Cl
Cl
0)
00
0)
O
O
Co
O
00
O
O
Ln
CIA
V
to
et
t•
N
(D
ti
N
0)
LA
to
T-
O Q
N
d
00
00
Cl)
(0
�
d'
00
N
0)
LO
1`
Lp
N
to
I`
w
lb
V
lr
m
N
J
+
'
w
H
m
.-.
LL
}
LL.
()
d
CL
a
p
0
p
m
J
o
Q
m
W
U.
�-
�-
}
Q
1°
=
fn
+
U)
+
U
}
W
q-
_
v
-
0
Z
Z
�
+
�
d -
D C
e
to
w
w
Q
F
N+
J
J
c°
W
o
(j
_3
,J
Z
U
A
J
w
d
V
z
J
LL+
LL
N
CO
`�
-1-'
W
V
O
Y
-
E
Q
t�
0
0
Q
J
+
a
F-
cn
z
=E
�vaaa°;0
0
y
gwH
LX
p
tn0
a�mww-iz
F-
w
w�c�c�LL
►—
v
zw
z
m
w
w
ui
ui
:
Op
H
-i
-�
.J
LL
ii
Li
U
()
O
(9
36
rn
C)
C)
N
00
LU
D
m
LU
U)
OW
a�
O Q
n. N
r }
N V
Z
F- LU
LU Q
n.
O w
w N
n. D
O
C�
H
Q
3
LO U) O
(o (D Cl)
T �D 00
<D O <D
h O 1%
r t= N
N
O
N
(D
O)
(Q
CL
37
WHAT-COMM COMMUNICATIONS CENTER
ADMINISTRATIVE BOARD
MINUTES
August 13, 2009
A meeting of the Administrative Board was held at the What -Comm Communications Center. Sheriff
Bill Elfo called the meeting to order at 1:10 p.m.
Present were: Sheriff Bill Elfo, Whatcom County Sheriff's Office; Chief Todd Ramsay, Bellingham
Police Department; Division Chief Rob Wilson, Bellingham Fire Department; Lt. Craige Ambrose,
What -Comm Deputy Director; Deputy Chief David Doll, Bellingham Police Department; Brian
Henshaw, City of Bellingham, Budget Manager; Commissioner Al Saab, Fire Chiefs Association; Kate
Mckinley, What -Comm Dispatcher Guild; Fire Chief Bill Boyd, Bellingham Fire Department; Samantha
Jensen, What -Comm Dispatcher Guild; Louise Bjornsen, Bellingham City Council Public Safety
Committee Chair; Renee Firos, Fiscal Technician, Bellingham Police Department; Sam Crawford,
Whatcom County Council Finance Committee Chair; Dewey Desler, Whatcom County Deputy
Administrator; Mayor Dan Pike, City of Bellingham; Chief Michael Knapp, Ferndale Police
Department.
WhatComm Planning
Deputy Chief David Doll presented the need to form two different committees for WhatComm. One
committee to focus on technical needs and the other to focus on fiscal needs. The committees would
address personnel, equipment, financial and facility issues. Deputy Chief David Doll recommended
that the committees be formed and then meet at a later determined date, to present their findings to
the Administrative Board.
Deputy Chief David Doll outlined the need for personnel at WhatComm Dispatch.
The dispatch center is currently down three employees - two employees transferred to Prospect
Dispatch and one employee left. There is a need to replace the three employees by the beginning of
2010. Three positions were requested several years ago, to help staff the county console.
WhatComm has been experiencing increased dispatches and radio transmission, on the county side.
There are times that one dispatcher is keeping track of up to 56 people. There is a need to spread
out this work load, to help with safety and lessen number of dispatches per person. Mayor Dan Pike
asked if there is an industry standard for dispatchers? David Doll responded that there is currently an
industry standard for PSAP 911 calls received only, no standards for Dispatchers. Sheriff Bill Elfo
asked Deputy Chief David Doll to explain who is currently part of the County console. David Doll
responded that all users are a part of the County console, with the exception of Bellingham, Blaine,
Lynden, Sumas and Everson Police Departments, which are dispatched by the Border Patrol.
Deputy Chief David Doll advised -the need to add an additional three full-time employees, over the
next five years. Currently, the Training Coordinator has been working the floor, to help fill in needed
shifts. Three full-time employees will relieve this need.
Over the next ten years, the Prospect Fire Dispatch will likely need to afsowants te add full-time
employees due to projected increased call load, and resulting need to increase minimum staffing.
Per Rob Wilson, they are receiving 10,000 more calls per year. Prospect Fire Dispatch is also adding
more fire frequencies, which also adds to the need for more full-time employees to monitor said
frequencies. The overall goal is to add up to three full-time employees within ten years.
August 13, 2009
Page 2
Deputy Chief David Doll presented an overview for current equipment planning and upcoming
equipment needs. In 2009, Prospect Fire Dispatch will purchase a Stancil recorder for $36,000, which
was approved at last year's Board meeting. Prospect Fire gave back $90,000 to reserves that was
proposed and approved for the 2009 budget for consoles and furniture, but not yet used.
Deputy Chief David Doll also discussed replacement of consoles and radio voters, and the
WhatComm CAD system. The current CAD system is no longer made by Northrup Grumman, or
supported by them. Upgrade and repair costs of the current CAD system are not cost-effective. The
current estimate for CAD system replacement is $3,000,000. The age of the current CAD system
(believed to be 1990) and the outdated COBOL programmer language, were discussed.
Deputy Chief David Doll outlined the need for new facilities in the next five to ten years. Potentially
co -locating the centers, but keeping the specialties separate. We would refer this to the new
committees for review and recommendations. The committee needs to be made up of people who
are very good at finding money, in the form of grants and other available funds.
Deputy Chief David Doll said that we have become a 911 contracted county. The State of
Washington will continue to pay certain items for us and we will continue to receive 911 tax revenue.
Lt. Craige Ambrose is forming relationships with the state 911 office to help get additional funding.
Sheriff Bill Elfo inquired about current revenue from 911 tax and how that is collected. David Doll
stated that we currently collect wireless and wireline tax revenues. There is an increase in wireless
and a decrease in wireline revenues. We are expecting a possible 10% increase in revenues for this
year. Mr. Desler asked how come we have a lower tax revenue estimate for 2010, if we are
expecting a 10% increase in 2009. Discussion ensued concerning estimated tax revenues for the
2010 budget. Deputy Chief David Doll commented that some of the 2009 funds received were
actually for 2008 revenues and that any revenues received above the 2010 budget estimate, will be
distributed against expected agency user fees, in the 2011 budget year.
Deputy Chief David Doll recapped the request and need to form two committees and meet again
sometime in February, 2010. Deputy Chief David Doll will be sending out emails to the Administrative
Board members and relative police and fire departments, outlining the specific goals of the
committees and requesting assistance in creating the committees.
Hatfield & Dawson report and next steps
A presentation was given by Prospect Fire Division Chief Rob Wilson, outlining the current radio
transmission problems, and the need for upgrading to a "simulcast" system. There are currently four
separate county subsystems: western Whatcom County, Mt. Baker Highway Newhalem and Ross
Dam. Current radio tower operation is as follows: If a dispatcher wants to contact a firefighter in
Lake Samish, they must select the correct tower (Galbraith Mtn). The proposed "simulcast" system,
would allow dispatchers to broadcast off all towers, at one time. Fire Chief Bill Boyd said that
simulcasting would increase coordination of radio traffic and increase safety coordination.
Rob Wilson advised that additional tower sites will be required to improve coverage for simulcasting,
with two towers needing to be built from the ground up. Permission from FCC and other agencies will
be required for adding radios to the existing sites. Costs will be kept to a minimum by adding
equipment mostly to existing radio towers.
39
August 13, 2009
Page 3
Rob Wilson stated that "simulcasting" upgrades requires replacement of dispatch consoles to improve
operation abilities. The network upgrades will be done by the City of Bellingham Radio Shop.
Continued use of UHFNHF radio frequencies is recommended, but multi -band portable radios need
to be added to improve law enforcement interoperability. The estimated cost for the entire project is
$9,423,000. Rob Wilson pointed out that the new equipment was needed five years ago, and it can
no longer wait. All radios need to be replaced by 2013 to meet the "narrow banding" frequencies
deadline. Further benefits and the cost of new towers and radio were discussed. Rob Wilson
commented that there will be a final presentation -from Hatfield and Dawson, at a future WhatComm
Board Meeting.
WhatComm/Prospect capital needs presentation
Fire Division Chief Rob Wilson presented the WhatComm and Prospect capital needs for 2010.
$44,000 is needed for radio voter equipment (current equipment is circa 1975).
A description of what a radio voter is for was given as: The voter decides what the strongest
mountain radio site is, and selects it for communication. The fact that several units have failed this
last year, was discussed. The voter failures result in agents not being able to communicate with
dispatch, during emergencies. Bill Boyd stated that past repairs have been made by salvaging
current voters for parts, and getting parts from Craig's list, just to keep voters operational.
Rob Wilson outlined the need to replace WhatComm dispatch consoles and upgrade Prospect
consoles. The current consoles are 20+ years old. There is currently no tech support and no
replacement parts. There was further discussion of how equipment room supports consoles. The
Prospect consoles date back to 1999, but can be upgraded for simulcasting, by replacing current
network cards. The cost for replacing consoles and replacing/upgrading radio voters is estimated at
$481,870. Mayor Dan Pike asked if there are other suppliers that will be consulted. Rob Wilson
commented that Zetron are leaders in the field and we would like to continue to work with them.
Dewey Desler commented that he understands the need to replace consoles at WhatComm, but does
not see the need at Prospect. Rob Wilson responded that it may keep costs down by doing them
simultaneously. Having the same equipment at both centers will also allow ease of technical
maintenance. Another advantage is that dispatchers at both centers would be training and working
on the same equipment, allowing for easier transition during emergency situations, as need arises.
Sheriff Bill Elfo asked if there are any further questions or comments on the Hatfield/Dawson and
capital equipment presentations.
2010 Proposed Budget
Deputy Chief David Doll presented the proposed 2010 budget. He said that the budget includes an
overall increase of $20,000 in overtime between Prospect and WhatComm centers. The WhatComm
overtime is due to transfer and loss of employees and FMLA issues. The budget also includes
increases in Access fees, mapping software, repair/maintenance for CAD and natural gas.
August 13, 2009
Page 4
Deputy Chief Doll advised that the current undesignated reserve has a balance of $1,064,361.
Dewey Desler stated .that he feels the reserve is too high. He also stated that we need to make sure
that our Interlocal Agreement clearly states and outlines all policies and reserves. Sheriff Bill Elfo
stated that we should refer this to the fiscal committee we are forming to help further develop policies
for reserves and how they are to be used.
There was extensive discussion about the policies governing budget decisions and the undesignated
reserve funds. Chief Todd Ramsay stated that the Board Chair, Sheriff Bill Elfo was contacted and
included in budget and equipment preparation meetings. Mayor Dan Pike asked if the designated
reserve would be used to cover overtime expenses. Deputy Chief David Doll answered that we
would not use designated funds, but look to other ways to cut costs or fund overtime fees.
Sheriff Bill Elfo asked if there was any further discussion on the budget.
Sam Crawford asked what the increase in the budget is for and where can we reduce costs. He is
concerned that the Coun Gi4y Council will not approve budget increases. David Doll stated that
$30,000 is an increase in overtime and the other large increase is for Access use (increased from
$8,040 in 2009 to $19,560 for 2010). The City of Bellingham pays for all Access fees of Bellingham
as well as County police agencies use.
Dewey Desler asked if there will be a reduction in dispatch personnel. Mayor Dan Pike stated that it
does not make sense to reduce staff at a 24/7 operation and that discussion is ongoing for
decreasing budget expenditures at all locations. There was further discussion about what has been
driving increases/decreases in the number of incidents throughout Whatcom County.
Dewey Desler noted that Ferndale had the same number of incidents from 2009 as the 2008 budget.
Is this an error or an anomaly? Mayor Dan Pike commented that this is unusual, but not impossible.
Sherriff Bill Elfo requested a motion to adopt the 2010 budget as it is written, using undesignated
reserves to purchase consoles and radio voters. A motion to adopt the 2010 budget was made and
seconded.
There was further budget discussion and a motion was made to table the budget approval to work on
further efficiencies in the budget and reconvene in September for a vote. The motion was seconded.
After extensive discussion about tabling the budget, Sheriff Bill Elfo called for a vote. There was one
vote for tabling the motion and three votes against. The motion to table the budget failed. Sam
Crawford voted for the motion, Dan Pike, Louise Bjornsen and Todd Ramsay voted against the
motion.
Sheriff Bill Elfo again called for a vote to accept the proposed 2010 budget, as previously motioned
and seconded. The motion carried with one vote no and three votes yes. Sam Crawford voted
against the motion, Dan Pike, Louise Bjornsen and Todd Ramsay voted for -the motion.
It was moved and seconded to adjourn the meeting. Motion carried. The meeting was adjourned at
2:57 p.m.
41
Whatcom County
Jf7HATCOM COUNTY CON Contract No.
INFORMATION SHE SCANNED A ° ° .
� o oa o 6 oo�— a
Originating De artment:
EXECUTIVE
Contract Administrator:
Dewey Desler/ Suzanne Mildner
Contractor's /A enc Name:
City of Bellingham
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): _200206001
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
If a Professional Services Agreement is more than $15, 000 or a Bid is
amt and any prior amendments)
more than $35, 000, please submit an Agenda Bill for Council
$ n/a
approval and a supporting memo. Any amendment that provides
This Amendment Amount:
either a 10% increase in amount or more than $10, 000, whichever is
$
greater, must also' go to Council and will need an agenda bill and
supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
$^n/a
Executive with supporting memo for approval.
Scope of Services
This is a Modification of the Interlocal Agreement between the County and
the City of Bellingham regarding What -Comm Communications, wherein
clarifying and modifying language is added to the Finance section of the
agreement.
Term of Contract:
Expiration Date: 1213112012
Contract Routing Steps & SiQno f [sign or. initial) [indicate date transmitted J
1. Prepared by: SM Date_214108 [electronic]
2. Attorney reviewed:
Date 1 C [electronic]
3. AS Finance reviewed:
Date ,o g electronic)
4. IT reviewed if IT related
Date __ [electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signoff
Date
7. Contractor signed:
Date
8. Submitted to Exec Office
Date o2- -o8 [summary via electronic; hardcopies]
9. Reviewed by DCA ✓
Date .?_ S o8
10. Council approved (if necessary)
Date
H. Executive signed: ,/
Date P2-6--DR
12. Contractor Original
13. Returned to dept;
14. County Original
to Council
Date
Date .2 -. cook this form may need to expand to more than one page
i
42
CITY OF BELLING
CONTRACT#
@ ^ AL
CONTRACTNO.
MODIFICATION TO WHAT-COMM COMMUNICATIONS
CENTER INTER -LOCAL AGREEMENT
CITY CONTRACT # 2002-0282 — COUNTY CONTRACT # 200206001
THIS Modification this "Modification") is entered into by and between the COUNTY OF
WHATCOM, a political subdivision of the State of Washington (hereinafter the
"County"); and the CITY OF BELLINGHAM, a first-class municipal corporation of the
State of Washington (hereinafter the "City") and in consideration of the mutual
covenants herein, the parties agree as follows:
1.
2.
EXISTING AGREEMENT MODIFIED: The City and the County first entered
into that certain Interlocal Agreement, dated December 29, 1995 (City Contract
No. 1.995-0061; County Contract No. 9512051) to establish the terms and
conditions under which they would jointly operate'an emergency
communications center known as "What=Comm." Said agreement was
replaced by that certain Interlocal Agreement executed between the parties on
June 27, 2002 (City Contract No. 2002-0282; County Contact No. 200206001)
which is being modified by this Modification and is incorporated herein by this
reference (hereafter collectively the "Agreement"). The parties hereby modify
this agreement.
MODIFICATIONS TO EXISTING AGREEMENT: Section Vill, Finance, of this
agreement is modified in thefollowing respects:
Paragraph B.1 change 10 call receivers" to "number of call receivers as
authorized by the Administrative Board"
Paragraph B.2 change "staffing of 13 dispatchers" to "number of dispatchers as
authorized by the Administrative Board"
What -Comm Inter -Local Agreement Modification_2008 (1)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
43
Paragraph B.3 change "staffing of 11 dispatchers" to "number of dispatchers as
authorized by the Administrative Board"
Paragraph C change user agencies will be billed each quarter for their
estimated proportional share of the yearly operating expenses of the Center to
user agencies will be billed each quarter for their estimated proportional share
of the yearly operating expenses of the Center "based on usage during the prior
12 months, July through June."
Paragraph D.1.b change the last "36" months to the last "12" months.
3. TERMS AND CONDITIONS OF EXISTING AGREEMENT REMAIN THE
SAME: The parties agree that except as specifically provided in this
Modification, the terms and conditions of this Agreement continue in full force
and effect.
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
What -Comm Inter -Local Agreement Modification_2008 (2) Telephone (360) 676-6903
M
MODIFICATION TO WHAT-COMM COMMUNICATIONS
CENTER INTER -LOCAL AGREEMENT
CITY CONTRACT # 2002-0282 — COUNTY CONTRACT # 200206001
Executed this (a day of 2008, for WHATCOM COUNTY
Pete Krem n, Executive
Approved as to Form:
rosecuting
CITY OF BELLINGHAM:
Dated this /49P'e—day of. r4 c^r 2008.
Daniel V. Pike, Mayo
ATTEST:
Department
APPROVED AS TO FORM:
Office of the City Attorney
DEPARTMENTAL APPROVAL:
Department Head
What -Comm Inter -Local Agreement Modification-2008 (3)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
45
505 Grand Avenue, Bellingham, Washington 98225
Telephone: (360) 676-6920
Fax: (360) 738-7322
February 1, 2008
Pete Kremen
Whatcom County Executive
311 Grand Avenue
Bellingham, WA 98225
Todd G. Ramsay, Interim Chief of Police
Daniel V. Pike, Mayor
RECEIVED
FEB 4 - 2008
PETE KPEMEN
COUNTY EXECUTIVE
Enclosed for signatures is a Modification to the What -Comm Communications Interlocal
Agreement. Changes to the existing agreement are outlined in item #2. A copy of the
existing Agreement dated June 27, 2002 is also attached.
After signing, return to my attention at Bellingham Police Department. A copy of the
fully signed Agreement will be returned to the County. Please contact me at 676-6916 if
you have any questions regarding these modifications.
Sincerely,
Todd G. Ramsay
Interim Chief of Police
Encl: County Contract No. 200206001
W
Whatcom County
WHATCOM COUNTY CTENNED:-:—j03
Contract No.
INFORMATIONS _200206001-1
Originating Department.,
EXECUTIVE
Contract Administrator:
Dewey Desler / Suzanne Mildner
Contractor's /Agent Name:
CITY OF BELLINGHAM
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): _200206001
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 If yes, RFP and Bid number(s)
Contract Amount: (sum of orig contract
If a Professional Services Agreement is more than $1 S, 000 or a Bid is
amt and any prior amendments)
more than $35, 000, please submit an Agenda Bill for Council
$_n/a
approval and a supporting memo. Any amendment that provides
This Amendment Amount:
either a 10% increase in amount or more than $10, 000, whichever is
$
greater, must also go to Council and will need an agenda bill and
supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
$_n/a
Executive with supporting memo for approval.
Scope of Services
This is a Modification of the Interlocal Agreement between the County
and the City of Bellingham which will extend the term of the agreement
for an additional five years - for joint operation of the emergency
communications center, or What -Comm.
Term o Contract: Five years
Expiration Date: 1213112012
Contract Routing Steps & Signo ff.- sign or initial7 [indicate date transmitted)
1. Prepared by: SM Date 9/26/07 [electronic]
2. Attorney reviewed: r.w
3. AS Finance reviewed:
4. IT reviewed if IT related
S. Corrections made:
6. Attorney signoff.-
7. Contractor signed:
8. Submitted to Exec Office r
9. Reviewed by DCA
10. Council approved (if necessary) L
11. Executive signed:
12. Contractor Original
13. Returned to dept; i/ SZht -�e►- src �S
14. County Original
to, Council
Date_916107 [electronic]
Date 9 ?p �j [electronic]
Date _ [electronic]
Date [electronic] hard copy printed
Date
Date
Date F-27-07 [summary via electronic; hardcopies]
Date
Date / 0 • • O
Date to-10-o7
Date /0-11-o7
Date to- Z -0% this form may need to expand to more than one page
47
CITY OF BELLINGHAM
CONTRACT# VVHP 'C OM COUNTY
0 0 a 06001-L_-
MODIFICATION TO WHAT-COMM
CENTER INTERLOCAL AGREEMENT ''° P
CITY CONTRACT # 2002-0282 — COUNTY CONTRACT # 200206001
This Modification (this "Modification") is entered into by and between the COUNTY OF
WHATCOM, a political subdivision of the State of Washington (hereinafter the "County"), and
the CITY OF BELLINGHAM, a first class municipal corporation of the State of Washington
(hereinafter the "City"), and in consideration of the mutual covenants herein, the parties agree
as follows:
1. EXISTING AGREEMENT MODIFIED: The City and the County first entered into that
certain Interlocal Agreement, dated December 29, 1995 (City Contract No. 1995-
0061; County Contract No. 9512051) to establish the terms and conditions under
which they would jointly operate an emergency communications center known as
"What -Comm." Said agreement was replaced by that certain Interlocal Agreement
executed between the parties on June 27, 2002 (City Contract No. 2002-0282; County
Contract No. 200206001) which is being modified by this Modification and is
incorporated herein by this reference (hereinafter collectively the "Agreement'). The
parties hereby modify the Agreement.
2. MODIFICATIONS TO EXISTING AGREEMENT: The Agreement is modified in the
following respects:
Section II. of the Agreement is hereby modified to extend the effective period of the
Agreement from December 31, 2007 to December 31, 2012.
3. TERMS AND CONDITIONS OF EXISTING AGREEMENT REMAIN THE SAME: The
parties agree that, except as specifically provided in this Modification, the terms and
conditions of the Agreement continue in full force and effect.
EXECUTED, this the /0' ° day of sctkMi 2007, for WHATCOM
COUNTY:
Whatcomm Interlocal contract Modification-2007 (1)
APPROVED AS TO FORM:
rrosecunng �rney
EXECUTED, this the
BELLINGHAM:
Mayor
An
, / W_W
Fina a Director
PETE KRE EN, COUNTY EXECUTIVE
�6 day of 061 16zt,. 2007, for the CITY OF
STATE OF WASHINGTON )
)ss.
County of Whatcom )
Departmental Approval:
Department Head
Approved as 7L��
Office of the City Attomey
On this /p'�day of &G6-6w , 2007, before me personally
appeared Pete Kremen, to me personally known to be the person
described in and who executed the above instrument and who
acknowledged to me the act of signing thereof.
Notary 4Public in and for the State
of Washington, residing in
Bellingham. My commission expires
(Z --9 -/o
Whatcomm Interlocal contract Modification_2007 (2)
29
WHATCOM COUNTY
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082
�GpM CG
P G,y
3� A
�9SNING�Gt'
MEMORANDUM
Pete Kremen
County Executive
TO: Whatcom County Council Members
FROM: Pete Kremen, County Executiv
RE: What-Corrim - Interlocal Agreement with City of Bellingham
DATE: September 26, 2007
Enclosed are two (2) originals of the Modification to What -Comm Communications
Center Interlocal Agreement between Whatcom County and the City of Bellingham
for your review and approval.
■ Background and Purpose
The City and County first entered into an agreement in December, 1995 for -the joint
operation of an emergency communications center, known as What -Comm. The
agreement was rewritten in 2002 and extended for another five year period. This
modification will extend the agreement for an additional five year period.
■ Funding Amount and Source
The formulas for city/county cost -sharing remain unchanged from what was
established in the original agreement.
■ Differences from Previous Contract
There are no changes from the original agreement, except for an extension of the
agreement period to December 31, 2012.
Please contact Dewey Desler if you have any questions or concerns regarding the
terms of this agreement.
Encl.
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 50
WTIATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
SM
912 610 7
October 9, 2007
Finance
Originator.'
Division Head. -
Dept. Head:
Prosecutor:
rJO
Q-2-0
Purchasing/Budg
�j
9l,2
et.,
Executive:
TITLE OF CUMENT.• Modification to What -Comm Communications Center Interlocal Agreement
ATTACHMENTS. Memorandum, Modification to What -Comm Communications Center Interlocal Agreement
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
The City of Bellingham and Whatcom County first entered into an agreement in December, 1995 for
the joint operation of an emergency communications center, known as What -Comm. The agreement
was rewritten in 2002 and extended for another five year period. This modification will extend the
agreement for an additional five year period. County Executive Pete Kremen respectfully requests
authorization to execute this agreement.
COMMITTEE ACTION. •
COUNCIL ACTION.•
7— o
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Please Note: Once adopted and signed, ordinances and resolutions are available far viewing and printing on the County's website
at: www.co.whatcom.wa.us/council.
51
t-
WHATCOM COUNTY
0` IGINAL'
CONTRACT N0.
aooao& oo L
WHAT-COMM COMVIiJNICATIONS CENTER
INTER -LOCAL AGREEMENT
THIS AGREEMENT is by and between the County of Whatcom, a political subdivision of
the state of Washington .(hereinafter the "County"); and the City of Bellingham, a first-class
municipal corporation of the state of Washington (hereinafter the "City"). Other local governments
of Whatcom County may receive communications services by signing a writing of agreement with
the What -Comm Administrative Board for participation in the What-Comm/Prospect
Communications Centers.
WITNESSETH THAT:
WHEREAS, the County's Sheriff's Office and the City's Police Department have previously
negotiated for the consolidation of their communications under the supervision of the City's Police
Department; and
WHEREAS, R.C.W.39.34 permits local governmental units to make official use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage; and
WHEREAS, the citizens of Whatcom County have approved by passage of initiative that it is in the
best interests of the citizens of Whatcom County to consolidate public safety communications with
a 9-1-1 emergency telephone answering point, utilizing the best available communications
equipment and taking advantage of the economies of scale; and
WHEREAS, the City and County enjoy the benefits of having two communications centers, one for
law enforcement as the primary public safety answering point, and one for fire/EMS as the
secondary public safety answering point, each capable of providing back up support for the other,
providing an effective and efficient communication link between those people with a fire, medical,
or law enforcement emergency and those agencies designated to respond to such emergencies; and
What -Comm Interlocal Agreement (1)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
WHEREAS, emergency vehicles, equipment, and responders are a limited resource, dedicated law
enforcement and fire/EMS dispatchers with a high level of specialized training will be able to
provide higher quality service to user agencies.
NOW, THEREFORt, in consideration of the mutual covenants contained herein, and pursuant to
the provisions of R.C.W. 38.52 and R.C.W. 39.34, the parties hereto do agree as follows:
I. PURPOSE
It is the purpose of this agreement to provide a mechanism whereby all Whatcom County Public
Safety Agencies may combine all, or portions of their law enforcement, fire and emergency
medical communications dispatching services, by the establishment of a consolidated telephone
call receiving and law enforcement dispatch communications center (hereinafter the "What -Comm
Communications Center"), operated by City Police Department personnel, and a fire/EMS dispatch
center (hereinafter the "Prospect Communications Center" or "Prospect"), operated by City Fire
Department personnel. The parties further hereby intend to extend to all government emergency
service agencies of Whatcom County, including but not limited to general municipal police
departments, fire/EMS departments, the opportunity to receive communication services.
IL DURATION
The duration of this agreement shall be in effect the I't day of January 2002, and terminate at
midnight on the 31st day of December 2007, unless this agreement is sooner extended or terminated
in accordance with the terms hereof.
What -Comm Interlocal Agreement (2)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
III. ADNIINISTRATIVE AND OPERATIONAL ORGANIZATION
A. Administrative Organization: The parties hereto agree to establish an
Administrative Board, which shall be the administrative policy -making agency for the
Centers.
1. The Board shall be composed of eight voting members and one non -voting
member, to wit: The Whatcom County Executive; the Whatcom County Sheriff,
the City of Bellingham Mayor; the Chairperson of the County Council Finance
Committee; the Chairperson of the Bellingham City Council Public Safety
Committee; the City of Bellingham Police Chief, the City of Bellingham Fire
Chief, who shall serve as an ex officio nonvoting member; one elected mayor or
council person to represent the general authority law enforcement agencies of
the various county cities, to be chosen by them; and one elected fire
commissioner to represent all of the rural fire districts joining herein, chosen by
them.
2. The Board may establish by-laws consistent with this agreement, should the
need arise.
3. The Board shall have the authority to:
a. Establish, via majority vote and in writing, broad policy guidelines for the
operation of the What -Comm Communications Center and Prospect
Communications Center.
b. Determine annually the financial contributions of the parties hereto, and
make adjustments in the same if the Board determines that any of the parties
is bearing an -unjust share of the costs of the Center, or in the event that a
What -Comm Interlocal Agreement (3)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
funding shortage occurs. Decisions on financial contributions shall be made
by a majority of the Board.
c. To approve the joining herein of any other users wishing to participate, by
giving it's approval by majority vote, without having to re -submit this
agreement to the legislative bodies of the participating governments.
d. The Board may review the operational policies and procedures developed by
the What -Comm and Prospect Centers' administrative staff. The Board shall
have, by majority vote, power to finally resolve any disputes over operations
policies that cannot be appropriately resolved by the Chief of the City of
Bellingham Police Department, the Chief of the City of Bellingham Fire
Department, the user agencies, or the Centers' administrative staff.
e. Locate and lease the facility and space for the Centers.
B. Administration of the What -Comm Communications Centex: Administration of
the What -Comm Communications Center shall be the responsibility of the City of
Bellingham Police Chief, (hereintoafter the Bellingham Police Chief).
1. The Bellingham Police Chief or designee shall serve as What-Comm's chief
executive officer on behalf of all of the user agencies and governments. The
Bellingham Police Chief shall be responsible for the administration, operation,
direction, and oversight of the What -Comm public safety answering point and
law enforcement dispatching. The directing chain of command shall extend from
the Bellingham Police Chief through the Deputy Chief of Services to the What -
Comm Deputy Director of Operations. In this capacity, the Chief is empowered
to direct the development of the What -Comm yearly budget; establish
operational policies; hire, discipline, and terminate all What -Comm personnel;
enter into contracts with telecommunications providers on behalf of all user
What -Comm interlocal Agreement (4)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
agencies; and have full authority to direct the normal operations of What -Comm
on an ongoing basis.
C. Administration of the Prospect Communications Center: The Bellingham Fire
Chief or designee shall be responsible for the administration, operation, direction, and
oversight of the Prospect Communications Dispatch Center.
D. User participation:
1. Ad Hoc Committees- User agencies may participate in the operation of the What -
Comm Communications Center and Prospect Communications Center through
Ad Hoc Committees created to address specific operational and administrative
issues related to the two Centers.
IV. JOINING OF OTHER USERS
Other governmental bodies, or emergency service organizations of the Whatcom County area, may
make use of the services of the Centers by:
A. Executing a writing, in accordance with the applicable laws of the state of
Washington, agreeing to be bound hereby in all respects, bearing a proportional
share of the financing of the Centers, and;
B. Providing funding of any staffing, recent equipment or operational enhancements,
and expansion or upgrades necessary to accommodate the new user(s) into the
Centers.
C. Upon approval of the joining of a new user hereto, the Administrative Board may
adopt a revised What -Comm budget and recompute the financial contributions of the
various parties hereto, and shall inform them forthwith of their adjusted contribution,
if any, for the current calendar year.
What -Comm Tnterlocal Agreement (5)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
D. The City shall provide direct call transfer service to the U.S. Border Patrol Dispatch
Center in Blaine through which all emergency calls for police service within the
corporate boundaries of Blaine, Lynden and Sumas shall be directed for dispatching.
E. The City shall provide direct call transfer service to the Prospect Communications
Center through which all emergency calls for fire and EMS within the County
boundary (except for the Newhalem area) shall be directed for dispatching.
F. The City shall establish a special revenue fund known as the Public Safety Dispatch
Fund. The fund is to account for the receipt and expenditure of all monies related to
the 9-1-1 telephone operation. The operations within the fund shall be the
responsibility of the Bellingham Police Department in accordance with those policies
approved by the Center's Administrative Board.
VI. THE COUNTY — TELEPHONE EXCISE TAX:
The County shall collect a County -wide telephone excise tax as established by County Ordinance
and make it available to the City within three days of receipt for deposit into the Public Safety
Dispatch Fund.
VII. THE PARTIES HERETO AGREE THAT:
A. Radio frequencies:
Each participating user, while retaining ownership or license right to the radio
frequencies used by the user at the time of joining in this agreement, agrees to permit
use and routine operational control of those frequencies by each Centers' personnel.
Each user shall be responsible for renewing it's own frequency licenses at the end of
the respective license periods and to maintain their base radio stations, repeaters and
other radio support equipment.
What -Comm Intexlocal Agreement (7)
City of $ellingham
CRY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
17
V. THE CITY AGREES TO:
A. Staff, supervise, operate, and maintain the two Centers, using City employees.
B. Maintain records and statistics regarding Center operations, and famish monthly
reports of the same, and of each user's utilization of the Centers.
C. Provide the following communications services:
1. An E9-1-1 emergency telephone answering point for the receipt of calls for
emergency and other assistance.
2. The utilization of the What -Comm Communications Centers' and
Prospect Communications Centers' communication resources to
dispatch and support all law enforcement user agencies vehicles and
units, all fire user agencies vehicles and units and provision of
necessary information thereto;
3. Back up dispatch resources and coordination between What -Comm
Center and Prospect Fire Dispatch Center;
4. The maintenance, insofar as is possible or convenient, of records of
current warrants, wants, stops, stolen vehicles and property;
5. The sending, receipt and notification of all teletype messages
addressed to or from parties hereto, that are pertinent to the
operation of the Centers, or the dispatching of their public safety
personnel; and,
6. The reasonable performance of other tasks as are necessary to provide for the
proper and efficient operation of the Centers, upon the approval of the
Administrative Board and the availability of necessary funding.
What -Co rmn Interlocal Agreement (6)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
B. Liabilities:
Except as provided to the contrary in R.C.W. 38.52, the City agrees to hold
participating users harmless from any claims against those users directly resulting
from actions or omissions on the part of any employee or agent of the City providing
emergency communication services under this agreement; provided, however, each
user agrees to hold the City harmless from any claims against the City directly
resulting from actions or omissions on the part of any employee or agent of that user
when such acts or omissions result in the transmission by the user of erroneous or
incomplete information to the City in the course of the City providing emergency
communication services under this agreement.
C. Disputes between parties:
Should a dispute arise between two or more participants hereto, the parties shall
resolve the same by:
1. Submitting law enforcement disputes to the Bellingham Police Chief for
resolution, and submitting fire department disputes to the Bellingham Fire
Chief for resolution.
2. If the Bellingham Police or Fire Chief fail to resolve the -same, or if the parties
find the solution tendered unacceptable, the matter shall be submitted to the
Center's Administrative Board for final resolution.
a. The Administrative Board shall not, however, reverse the decision of either
the Bellingham Police or Fire Chief if the result would be to create an
unacceptable threat to the safety of operational personnel serviced by the
Centers, or unreasonably hinder the safe, effective, or efficient operation
of either Center.
What -Comm Interlocal Agreement (8)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
VIII. FINANCES
A. It shall be the responsibility of the Bellingham Police Chief and Bellingham Fire Chief to
oversee the preparation of an annual budget request which will include all necessary and
required revenues and expenditures for What -Comm Communications. Such budget shall
include as expense items an amount for liability exposure or insurance coverage as well as a
sum sufficient to cover the City's costs of providing support services to the What -Comm
Communications Center and Prospect Communications Center together with all other
reasonable and necessary expenses.
B. The cost of the Centers' operations shall be divided into three cost components:
The What -Comm Public Safety Answering Point (PSAP) Cost Component shall
include costs associated with the management and infrastructure of the PSAP.
Examples of these costs include; salaries for 10 call receivers dedicated to PSAP
functions, all or portions of the What -Comm administration and operations,
What -Comm facility costs; telephone, radios, and computer supplies and
software, utilities, supplies, capital expense, loan debt service and costs, and
equipment reserve fund. Such costs shall be paid through the use of the general
91 VE91 1 -telephone tax, carry forward fund balances and applicable state fiends.
.Any unfunded costs/credits in the PSAP Cost Component shall be distributed
based on the percentage of incidents for law enforcement user agencies and fire
user agencies.
2. The Law Enforcement Cost Component includes such costs as are associated
with the staffmg of 13 dispatchers necessary to provide call answering, dispatch,
support services and administrative support costs for the law enforcement
operations of the Center. Such costs shall include the salaries and any special
What -Comm Interlocal Agreement (9)
City of Bellingham
CITY A=RNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
service, and/or equipment costs normally associated with the dispatching and
support of law enforcement operations.
3. The Fire/EMS Cost Component shall include costs associated with the staffing
of 11 dispatchers necessary to provide call answering, dispatch, support
services, and administrative support costs assigned to the Prospect Fire Dispatch
Center operation. Such costs shall include the salaries and any special service
and/or equipment costs normally associated with the dispatching and support of
fire/EMS call receiving and dispatching.
C. Commencing on the date that this agreement is executed by the County and the City
of Bellingham, for all user agencies, the participating parties shall pay to the City on
a quarterly basis, pursuant to this contract, their financial contributions for the cost of
operation of the Centers.
User agencies will be billed each quarter for their estimated proportional share of the
yearly operating expenses of the Centers. Bills will be adjusted the first quarter of
each year to balance any overpayments or underpayments of estimated bills for the
previous year.
D. Computation of the distribution of financial contributions:
1. The computation of the law enforcement and fire/EMS user agencies financial
share of their respective cost component as specified above in Section B,
subsection 2 and 3, shall be based on the following:
a. The formula for computing the financial contributions for the law
enforcement agencies is as follows:
What -Comm Tnterlocal Agreement (10)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
[(Total Law Enforcement Cost Component) X (.50) X (% of Population)]
plus [(Total Law Cost Component) X (.25) X (% of Usage)] plus [Total Law
Enforcement Cost Component) X (.25) X (% of Commissioned Officers)]
the law enforcement user agencies financial contribution
b. The formula for computing the financial contributions for the fire/EMS
agencies is as follows:
[(Total Fire/EMS Cost Component) divided by total number of calls -for -
service] times [each agencies calls -for -service] equals user fire/EMS agencies
financial contribution.
This cost component shall be calculated using the average of the last 36
months of fire agency incidents.
E. Where financial contribution, population, usage, calls for service, and commissioned
officer(s) are used, they will be as defined as follows:
1. "Population" means the expression, in percent, of a user's population as a
proportion of the entire population served by the Center. The population figure
shall be based on the last general census, updated by the latest estimates available
from the state of Washington or such other method as may be selected by the
Administrative Board.
2. "Usage" means the expression, in percent, of a user's use of the services of the
Center, as compared to the total usage by all like users. Usage shall be
determined by a count of the user's "units of use" (for the prior 12 months for
budget purposes), which is defined as an incident which results in an emergency
services unit being dispatched, or an event number being assigned in
conformance with the procedures established by the Administrative Board. At
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
What-Comrnlnterlocal Agreement (11) Telephone (360) 676-6903
least once each month the City will provide a listing of Event Numbers assigned
to each user during the preceding month, as well as a set of management reports
based on the data generated for that agency. If figures regarding units of use for
an entire year are unavailable for either a participating user or for the entire
system, the City may extrapolate the available figures in order to determine either
the yearly units of use attributable to a user, or the annual units of use of the
entire system.
3. "Commissioned Officers" means members of the law enforcement user agency
that hold an actual "general authority" commission, or functional equivalent,
within an operational jurisdiction, within Whatcom County and the state of
Washington.
4. "Financial Contribution" means the proportion of the Center's total annual
budget paid by a user. Upon acceptance as a new user agency, the contribution
may be reduced on a pro rata basis if the user participates in the Centers for less
than a full year. The total financial contribution shall be determined by
calculation of all planned disbursements and reserve funds, and then subtracting
all other anticipated revenue sources except that to be paid by the user parties.
5. "Calls for service" means each user's "units of use", which is defined as an
incident which results in one or more emergency service units being dispatched
and an incident number being created.
F. In the event of a budget shortage in the PSAP operations costs, the administrative
Board may assess each user an additional levy, based on the above computation of
financial contributions.
G. In the event of a budget shortage in either the law enforcement dispatch operations
budget or fire/EMS dispatch operations budget, the Administrative Board may assess
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
What -Comm Interlocal Agreement (12)
each of the respective law enforcement agencies or fire/EMS agencies an additional
levy, based on the above computation of financial contributions.
H. Priority should be given to placing any unspent funds into a fund for capital
improvements, such as upgrading/replacing the computer aided dispatch software,
remodeling projects at either center, or radio/phone equipment upgrades.
I. The Center may accept gifts and donations, and may apply for and receive grants
of money or equipment from other governments. Grant applications shall be
prepared under supervision of the Bellingham Chief of Police or Fire Chief, and shall
be submitted on the authority of, and with the approval of, the Administrative Board.
J. The funding formula included herein shall be deemed to cover and include any
and all additional administrative fees, salaries and charges, except those that arise as
necessary, unanticipated and unavoidable costs after the implementation of this
agreement.
K. In the event that the County opts to terminate the "First Responder" Contract with
the rural fire districts, all portions of this section (Section VIII) regarding the
establishment, determination and calculation of cost components, funding formulas
and cost shares shall become null and void, and shall require renegotiations by the
parties hereto.
IX. PROPERTY AND EQUIPMENT
A. Each Center's equipment shall be in the custody of the City, but ownership shall
remain in the contributing agency. The City shall be responsible for the maintenance
of all such equipment in good repair and adjustment, normal wear and tear excepted.
What -Comm Interlocal Agreement (13)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
Upon initial receipt of custody of equipment from any user whatsoever, the City
shall enter it into a master inventory, describing the equipment fully, including its
condition on receipt.
Should any user withdraw from this agreement, as provided herein, equipment
owned or controlled by it shall be returned within 90 days of the effective
withdrawal date.
B. Other users joining herein may contribute equipment to the Centers in accordance
with the foregoing. Should another user, upon joining herein, decide to maintain
dispatch services or active base stations in addition to services received from the
Centers, it is understood that operational net control remains with the Centers, absent
agreement by the Administrative Board to the contrary.
X. MODIFICATION, WITHDRAWAL, AND TERMINATION
A. This agreement may be modified or extended in duration by mutual agreement of the
participating parties under the following circumstances:
1. The Administrative Board agree on the necessity for modification or extension;
and,
2. The Administrative Board submits, in writing, a proposed modification or
extension to all users currently joined herein; and,
3. The modification or extension is accepted by legislative act of a majority of the
users joined herein. Modifications shall be effective 30 days after the last
acceptance by a user's legislative body that constitutes a majority of users.
B. Withdrawal: The parties hereto or a participant may withdraw from this agreement
only by legislative act of its governing body, communicated to the Administrative
What -Comm Interlocal Agreement (14)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
Board in writing. Such withdrawal shall be effective on midnight of December 31,
of the year in which notice of withdrawal is tendered and in no cases prior to that
date. Requests to withdraw by either party hereto shall require 6 months advance
written notice.
C. Withdrawal may be imposed upon any user under the following circumstances:
1. If it is determined that a consistent pattern of abuse of operational policies by a
user's personnel exists, and such determination is communicated to the
Bellingham Police Chief in writing, in order that administrative action may be
taken to remedy the abuse.
2. In the event that the abuse is not resolved through the actions of the Bellingham
Police Chief, the Chief shall refer the facts and his recommendation to the
Administrative Board.
3. The Administrative Board shall attempt to resolve the abuse by negotiation. If
this fails, the Administrative Board shall have the authority to terminate the
user's services hereunder and exclude the user herefrom, acting by a vote of the
majority of the Board.
4. Involuntary withdrawal as described by the foregoing shall be effective 90 days
after the Administrative Board renders its decision.
D. Termination of this agreement maybe accomplished by the following:
1. The Administrative Board shall have the authority to recommend termination of
this agreement to the legislative bodies of the user's governments. Upon
acceptance of the recommendation for termination by a user's legislative body,
that user shall be deemed to have withdrawn, in accordance with the foregoing.
2. Users desiring to continue hereunder after a recommendation for termination
may renegotiate this agreement, in accordance with the provisions for
modification provided herein.
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
What -Comm Interlocal Agreement (15) Telephone (360) 676-6903
3. Termination of this agreement shall be effective no less than 120 days from the
date of the recommendation for termination by the Board.
E. General Terms
1. This agreement contains terms and conditions agreed upon by the parties. The
parties agree that there are no other understandings, oral or otherwise, regarding
the subject matter of this agreement.
2. The City shall not discriminate against any employee or applicant for
employment because of race,. color, religion, sex, or national origin. The City
shall take affirmative action to insure that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following: employment,
upgrading, demotions, or terminations; rates of pay or other forms of
compensation, selection for training including apprenticeship; and participation
in recreational and educational activities. They agree to post, in conspicuous
places available to employees and applicants for employment, notices identical to
those used setting forth the provisions of this nondiscrimination clause. In all
solicitations or advertisements for employees placed by them or on their behalf,
the parties shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin. They
shall cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this agreement so that such provisions will be binding upon
each user.
3. Each party agrees to aid and assist the other in accomplishing the
objectives of this agreement
4. The agreement shall be binding upon the parties hereto, their successors and
assigns.
What -Comm Interlocal Agreement (16)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
WHAT-COMM COMMUNICATIONS CENTER
INTER -LOCAL AGREEMENT
Adopted by the
WHAT-COMM Administrative'Board
October 30, 2001
Executed this l `day of 2001 for WHATCOM COUNTY
see attached
Pete Kremen, Executive
Approved as to Form:
0zpwty QhW Attorney
Executed this Z 7 fhday of J- u X Q 200t--for CITY OF BELLINGHAM
/ VWFA_0�41A_' Mark Asmurxdson, Mayor
Attest:
Finance Director
Approved as to Fo
s
City Ak6rney
Approval:
What -Comm Interlocal Agreement (17)
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
4 • , C
Execute
PETE KREMEN
County Executive
STATE OF WASIENGTON }
}ss.
}
On this /,?� day of 20(�ebefbre me personally appeared
Pete Kremen, to me knovT50e the County Executive for Whatcom County who executed the
above instrument, and who acknowledged to me the act of signing and sealing thereof.
WITNESS my hand and official seal hereto this 1,f day of V,
NOTARY PUBLIC in anor the State of
Washington, residing at ellingham
My commission expires: 2
T.
NO
'o NOTARY u� =
N : PUOUO
. �A - < rt)
'A
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (360) 676-6903
Ln
m
IV
co
a
M
a
m
M
�o
o
r
v
r,
H
ri
ri
ri
CJ
Vf
V?
Vf
M
p
�
E U
N H
o
coo
o
LO
O 0
Ln
yr
40
O
N
H
r♦
cr
d
N W
H H
O
v
O
O
N
yr
H
a).
ri
O
tT
N
cn
ut
W
O
a
u
$4
Q
404
o
la
H
if)
Lr)
qw
0
r-
M
M
ra
N
O
q
0
0
a
o
0
O O O
M
H U
Cl
O
O
-D
N
M
H
c•
a
r+
M
O j{q�
a
CO
co
W
N u
ui
N
vi
�O P4
ea
N
N
N N
N
0
x
H
aa:
aa
U
:J �
:
�
v1
to E+
U)
a Cl)
a
91
o
0
rl O
U tq
tT Ate.
O+
z
�
U
�
N
E+
N
aa
Id
H
H
filN
ri
a
(aa
a-)
U
N
U
U
N w
p
E-
vn
crr
D
D [�
�u
n �4
�4
�a
v
a>1
ro
>a
ro
R+
C�h
�a
w v
xv
vro 9
� sa
�> a
ro sa a�
O N 14
[ W ro
41 to
uai vn. —1 v
If »a
Q W 41
� ro
.ri 0 o
c7 O Mi.
$l
s4 w
4) 41 O
0.9 by
0 ro
$4
Ln o v
p, v1• N ty6
Aa 4J+Wa
v ro ro a
vp
•rlv vvro
a N w b) tP N
•rl •r{ »
>, 4-I W :J
D, tp �t1+ rl •ri W
S4 0 C O
+1 ri r-1 � z C7 •rl
ro ,-I ri +-) H
U v v ro C7wp
rno���3; OHO
uu a w
n p p ° �ajaj tea]
t males F�FL�i
en
70
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-340
CLEARANCES
Initia
D4ite
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Superior Court
2
FL-- I_
_ �� I�
JUL 2 8 2009
�Po
lI RA Cl.�}M COUNTY
a COUN0I1,
814109
Introduction
Division Head:
9115109
FinancelCouncil Action
Dept. Head:
N.F. Jackson
c3
Prosecutor
/
PurchasingBudget
Executive:
7�A
D
SUBJECT.
200912010 JAG Grant Application (Drug Court)
ATTACHMENTS:
200912010 JAG Grant Application
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
Requested Date:
SUMMARYSTATEMENT.
Annual JAG Grant Application to partially fund Drug Court Coordinator
position.
Distribution Request
Indicate those who should receive a copy after Council action.
List specific names to the right.
ADS Facilities Management
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN.
8/04/2009: Introduced
Juvenile
Parks
Planning
Prosecutor
Public Works
Sheriff
Superior Court
Related County Contract #:
Treasurer
Other
Related File Numbers:
Ordinance or Resolution Number
(this item):
71
Whatcom County
Superior Court
311 Grand Avenue
Bellingham, Washington 98225
(360)676-7688
MEMO TO: Whatcom County Council
FROM: N.F. Jackson
r
DATE: July 27, 2009
SUBJECT: 200912010 JAG Drug Courj Grant Application
N.F. Jackson
Whatcom County Clerk
Superior Court Administrator
nfiackson@whatcomcounty.us
FAX (360) 676-6693
RECEIVED
JUL 2 7 2009
PETE KREMEN
COUNTY EXECUTIVE
The 2009/2010 annual JAG Grant Application was submitted via the Department of Justice
online grant application system on July 23, 2009. Application requirements state that the
application must be published for public comment for at least 30 days.
This is an annual grant to partially fund the Drug Court Coordinator position.
We are requesting that the application be introduced on August 4th and scheduled for
consideration and the opportunity for public comment on September 15th.
72
APPLICATION FOR
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
1. TYPE OF SUBMISSION
3. DATE RECEIVED BY
State Application Identifier
STATE
Application Non -Construction
4. DATE RECEIVED BY
Federal Identifier
FEDERAL AGENCY
5.APPLICANT INFORMATION
Legal Name
Organizational Unit
Whatcom County
Superior Court
Address
Name and telephone number of the
person to be contacted on matters
311 Grand Avenue
involving this application
Bellingham, Washington
98225-4038
Jackson, Norvell
(360) 676-7688
6. EMPLOYER IDENTIFICATION NUMBER (EIN)
7. TYPE OF APPLICANT
91-6001383
County
8. TYPE OF APPLICATION
9. NAME OF FEDERAL AGENCY
New
Bureau of Justice Assistance
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE
11. DESCRIPTIVE TITLE OF
APPLICANT'S PROJECT
NUMBER: 16.738
CFDA EDWARD BYRNE MEMORIAL JUSTICE
Adult Drug Court
TITLE: ASSISTANCE GRANT PROGRAM
12. AREAS AFFECTED BY PROJECT
Whatcom County, Washington
13. PROPOSED PROJECT
14. CONGRESSIONAL
Start Date: October 01, 2009
DISTRICTS OF.
End Date: September 30, 2013
a. Applicant
b. Project WA02
15. ESTIMATED FUNDING
16. IS APPLICATION SUBJECT
TO REVIEW BY STATE
EXECUTIVE ORDER 12372
Federal
$22,520
Applicant
$0
PROCESS?
State
$0
Program is not covered by E.O.
12372
Local
$0
Other
$0
Program Income
$0
17. IS THE APPLICANT
DELINQUENT ON ANY
FEDERAL DEBT?
73
TOTAL
$22,520 IN
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION
PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED
BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED.
74
PROGRAM Narrative: JAG Grant Application 2009-H3258-WA-DJ
Whatcom Community Drug Treatment Court (WCDTC) is a four -phase pre -plea
sentencing model program for chemically dependent adults with current felony
charges. The program is a deferred prosecution model and excludes all violent
offenders (as defined by 28 C.F.R. 93.3(d)), assault in the Third Degree
convictions, domestic violence convictions, delivery offenses, or excessive
restitution. As a condition of entry into the program all participants sign a
Community Drug Treatment Court petition and waive their rights to jury trial and
speedy trial and stipulate to the admissibility of the police reports. Termination
from CDTC results in a bench trial based upon the stipulated police reports. All
pending offenses remain open during the client's tenure in CDTC. All charges
will be dismissed with prejudice when a client successfully graduates from the
program.
The goal and purpose of WCDTC is to reduce recidivism by ending chemical
dependency and facilitating vocational and life skills that will promote individual and
civic responsibility. Whatcom County's Drug Court's recidivism rate is; 22%, 7% better
than the average national Drug Court recidivism rate of 35%. The case management
format utilizes local resources for chernical dependency stabilization, vocational and
educational needs, life skill promotion as well as providing assistance for addressing
mental and physical health issues. This format provides the close monitoring and wrap-
around resource provision for increased cost benefit results. The recidivism nationally
JAG Grant Application 2009-H3258-WA-DJ, D&B #602898256 Page 1 of4
75
with traditional adjudication averages 52%, thereby showing Drug Courts' alternative
sentencing model has a proven record for reducing crime.
Frequent and random drug testing, a cornerstone of the program, provides accurate and
consistent monitoring, with immediate sanctions that are key to program success.
Positive drug use results in sanctions of jail custody with community service used for
other infractions, as well as positive sanctions for specific accomplishments. Close
judicial supervision with weekly Court appearances before a Superior Court Judge is
integral to a participant's accountability.
Beginning in July of 1999, WCDTC has served to date:
• Total graduates = 185
• Total participants = 470 (7/1/1999 to 6/21/09)
• Total termination = 132
• Ethnicity = Caucasian (384), Native Amer (36), Hispanic (33)African American
(14), Other (3), Asian (6), Not Specified (35)
Composition of specific drug use:
• Methamphetamine = 40%
• Heroin = 17%
• Opiates = 16%
• Cocaine = 17%
• Marijuana = 10%
• Clients reporting as polysubstance dependent of our total participants = 29%
JAG Grant Application 2009-H3258-WA-DJ, D&B #602898256 Page 2 of 4
76
Whatcom County Drug Court now provides the following treatment modalities to
enhance and promote success:
M RT®
MRT® (Moral Reconation Therapy) is a systematic, step-by-step cognitive -
behavioral treatment system designed to alter how people think and how they make
decisions about right and wrong.
• Enhances ego, social, and moral growth in a step-by-step fashion.
Develops a strong sense of personal identity with behavior and
relationships based upon higher levels of moral judgment.
• Reeducates client socially, morally and behaviorally to instill appropriate
goals, motivation, and values.
• Addresses the unique needs of substance -abusing criminal offenders2.
DBT
Originally designed for Borderline Personality Disorder, Dialectical Behavioral
Therapy (DBT) is gaining widespread acknowledgement in effectively addressing
early abstinence issues of emotional dysregulation and relapse instability in the
chemical dependency field. Addressing the domains of regulating emotions,
tolerating distress, effectively attending to interpersonal relationships, DBT's core is
based on 'mindfulness' or awareness of emotions as perceived through sensation3.
http://moral-reconation-therapy.com/
3 http://www.behavioraltech.org/index.cfm
JAG Grant Application 2009-H3258-WA-DJ, D&B #602898256 Page 3 of 4
77
Additional funding will assist this Drug Court to continue its intensive case
management model, wherein staff case managers design and direct treatment,
aftercare and recovery/rehabilitation plans for each participant. The model is
differentiated from contracted case management and is shown to be highly effective,
resulting in a higher -than -average graduation rate and resulting reduction in recidivism.
These funds will not supplant any non-federal funds.
Current WCDTC funding includes HIDTA and local Whatcom County funds. In -patient
chemical dependency treatment is accessed through ADATSA (DSHS) and Community
Justice Treatment Act (CJTA), an additional State Funded resource. Continued funding
is critical to secure the continuation and expansion of WCDTC to meet the needs of this
community. Discussions are underway to consider coordinating services between the
Adult Drug Court, Juvenile Drug Court and the Family Treatment Court, perhaps under
the direction of a single Drag Court Coordinator. Those services might include
urinalysis testing, chemical dependency and mental health assessments, combined
treatment services brokering and the aforementioned DBT and MRT curricula.
JAG Grant Application 2009-H3258-WA-DJ, D&B #602898256 Page 4 of 4
:
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-341
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
CJ
7128109
814109
Introduction
Originator:
U-L E C N E D
Division Head:
b?
/15/09
Finance/Coup
Dept. Head:
J U L 2 9 2009
Prosecutor:
�IVHATCOM COUNTY
Purchasing/Budg
COUNCIL UNC I�_.
et:
Executive:
7�2 9- a
TITLE OF DOCUMENT.• Grant Applicat on for Byrne Justice Assistance Grant
ATTACHMENTS.
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( x ) NO
Requested Date:
SUM11ARYST4TEMENT 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.)
Application for the Byrne Memorial Justice Assistance Grant for the Sheriff's Office.
Grant application for $92,844.
COMMITTEE ACTION.
COUNCIL ACTION:
8/04/2009: 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.uslcouncib
it
79
WHATCOM COUNTY
SHERIFF'S OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
MEMORANDUM
CAREY JAMES
UNDERSHERIFF
JEFF PARKS
CHIEF DEPUTY
ART EDGE
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JONES
CHIEF OF CORRECTIONS
TO: Pete Kremen, County Executive
FROM: Carey James, Undersheriff HIV
Date: July 24, 2009 JUL 2 4 2009
PETE KREMEN
SUBJECT: Grant Application COUNTY EXECUTIVE`
Attached for your information and review is a copy of BJA FY 09 Recovery
Act Edward Bryne Memorial Justice Assistance Grant Program Local
Solicitation Grant. This documentation is being provided in accordance to
the Review Narrative instructions provided in the application instructions.
Cc-.+o McLno-vme, C. iv\riv\ahcA,
r7 - 24-o 9
)ur Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. 80
Page 1 of 2
APPLICATION FOR
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
July 13, 2009
1. TYPE OF SUBMISSION
3. DATE RECEIVED BY
State Application Identifier
STATE
Application Non -Construction
4. DATE RECEIVED BY
Federal Identifier
FEDERAL AGENCY
5.APPLICANT INFORMATION
Legal Name
Organizational Unit
Whatcom County
Whatcom Count Sheriffs Office
Address
Name and telephone number of
the person to be contacted on
311 Grand Ave
matters involving this application
Bellingham, Washington
98225-4038
James, Carey
(360) 676-6650
6. EMPLOYER IDENTIFICATION NUMBER (EIN)
7. TYPE OF APPLICANT
91-6001383
County
8. TYPE OF APPLICATION
9. NAME OF FEDERAL
AGENCY
New
Bureau of Justice Assistance
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE
11. DESCRIPTIVE TITLE OF
APPLICANT'S PROJECT
NUMBER: 16.804
CFDA 16.804 - Recovery Act - Justice Assistance Grants -
Law Enforcement Records
TITLE: Localities
Management System
12. AREAS AFFECTED BY PROJECT
Whatcom County Sheriffs Office, Whatcom County Jail, Whatcom County Prosecutor's Office, and
Whatcom County Courts
13. PROPOSED PROJECT
14. CONGRESSIONAL
Start Date: July 01, 2009
DISTRICTS OF
End Date: January 01, 2010
a. Applicant
b. Project WA02
15. ESTIMATED FUNDING
16. IS APPLICATION SUBJECT
TO REVIEW BY STATE
Federal
$92,844
EXECUTIVE ORDER 12372
PROCESS?
Applicant
$0
State
$0
Program has not been selected by
https://grants.ojp.usdoj.gov/gmsextemal/applicationReview.do?print=yes 7/24/2009 81
Page 2 of 2
Local $0 state for review
Other $0
Program Income $0 17. IS THE APPLICANT
DELINQUENT ON ANY
TOTAL $92,844 FEDERAL DEBT?
N
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION
PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL
COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED.
Close yvindow,
https://grants.cjp.usdoj.gov/gmsextemal/applicationReview.do?print=yes 7/24/2009 82
Program Narrative
The program to be funded by this grant is the "Whatcom County Sheriffs Office
Records Management System Assessment and Replacement Plan". During the grant
period the Sheriff's Office will hire a consultant to review the Information Technology
infrastructure and connectivity as it relates in house and to sharing of the information.
The consultant will be expected to do a systems review, establish system requirements,
conduct an industry review, perform a gap analysis and recommend a comprehensive
records management system replacement plan. Special attention will be paid to the areas
where information has to be input, shared and retrieved and for what purposes. The
Sheriff's Office will also move to resolve the problem areas discovered and put computer
software and infrastructure in place to resolve those problems. A review will be done to
make sure the recommendations will be useful for many years in the future. The
information generated by the consultant is expected to present a report that will allow the
necessary changes to be implemented in stages and phased in over a projected time
period.
Currently the Sheriff's Office does not have a records management system. The system
used to store and retrieve records information and reports can be more correctly described
as a records index system. Information cannot be easily retrieved or shared. The Sheriff's
Office currently has in its hierarchy the Bureau of Emergency Management, the Bureau
of Services, the Bureau of Corrections (Whatcom County Jail) and the Bureau of Law
Enforcement and Investigative Services. Records gathered, generated and maintained by
the Sheriff's Office are shared with other departments within the County infrastructure to
include the Prosecutor, Courts, Probation, and Juvenile. The records system is also used
to supply information to other agencies to include state; local and federal often times
requiring a quick turn around of information. The current system of records and
information sharing is done by printing and or the exchange of information through
physical electronics media such as CD's, DVD's or Discs. The current method of
collection and storage causes much of the information to be input into different systems
to include ours more than one time and cannot be retrieved or easily shared and
exchanged.
The anticipated or resulting records management system (RMS) should allow for
information to be readily available to deputies in the field. The deputies should have the
ability to input reports directly into the system for review, storage, and sharing. They
should also have the ability to retrieve data and imagery and the ability to see and link to
all information and reports in the counties system to include the courts and prosecutor.
The system should eliminate Corrections Deputies from having to complete the
redundant task of inputting the information again when arrestees are booked into the
Whatcom County Jail. This would eliminate the current inefficient index or RMS and
allow for information to more easily be shared within the Sheriff's Office and court
system.
Budget Detail Worksheet
Consultant/Contracts:
The Consultant is unknown at this time and solicitation will not be made until funding is
available.
Consultant Expenses:
See attachment A
Contracts:
The Consultant will be acquired using the Counties contracting system using free and
open competition in awarding contracts.
Other Costs:
$34,644.00 will be used to purchase software and installation services based upon the
recommendations of the Consultant as part of the phased in implementation.
Budget Summary:
Consultant/Contracts $58,200.00
Other Costs
$34,644.00
Total Project Costs $92,844.00
Consultant
Attachment A
Estimated Estimated Estimated
Hours
Expenses
Total
I. Project Initiation
1 Establish Core Project Team
4
$600
2 Define Communications Protocols
4
$600
3 Conduct Project Kick-off Workshop
8
$500
$1,700
4 Refine Work Ian
8
$1,200
$4,100
II. System Review
1 Inventory Core SO RMS
$0
a. Data Dictionary
16
$1,000
$3,400
b. Workflow
16
$2,400
2 Inventory Integrated Systems and Identify Stakeholders
$0
a. SO RMS
8
$1,000
$2,200
b. Other County Systems (PA, Courts, etc.)
8
$1,200
c. Regional Systems
4
$600
d. State, National & International Systems
8
$1,200
e. Division of Information Technology
4
$600
3 Produce Preliminary Existing Systems Document
16
$2,400
4 Review Preliminary Existing Systems Document with Core Project Team
8
$500
$1,700
5 Finalize Existing Systems Document
16
$2,400
$18,100
III. System Requirements
1 Meet or Conference Call with Stakeholders on System Requirements & Limitations
$0
a. SO (Leadership, Records, Patrol, Corrections, etc.)
16
$1,000
$3,400
b. Other County Departments (PA, Courts, etc.)
8
$1,200
c. Regional Organizations (WHAT-COMM, WENET, etc.)
4
$600
d. State, National & International Organizations
8
$1,200
e. Division of Information Technology
4
$600
3 Produce Preliminary Requirements Document
16
$2,400
4 Review Preliminary Requirements Document with Core Project Team
8
$500
$1,700
5 Finalize Requirements Document
16
$2,400
$13,500
IV. Industry Review
1 Perform Research of Systems at Comparable WA Jurisdictions
16
$2,400
2 List Major Vendors and Key System Attributes
8
$1,200
3 Develop Gap Analysis Approach between SO Requirements and Vendor Solutions
8
$1,200
$4,800
V. Gap Analysis
1 Perform Gap Analysis of Vendor Solutions
16
$2,400
2 Produce Preliminary Gap Analysis Document
8
$1,200
3 Review Preliminary Gap Analysis Document with Core Project Team
8
$500
$1,700
4 Finalize Gap Analysis Document
8
$1,200
$6,500
V. Comprehensive RMS Replacement Plan
1 Conduct and Facilitate Recommendations Workshop with Core Project Team
8
$500
$1,700
2 Summarize Recommendations Workshop and Prepare Recommendation
4
$600
3 Assess County Mandates, Funding and Support Constraints
8
$1,200
4 Develop Immediate (2-Year), Medium (6-Year) and Long -Term (10-Year) Strategy
16
$2,400
5 Provide Preliminary Estimates for 2011/2012 Biennial Budget
8
$1,200
6 Facilitate Recommendations Review Workshop
8
$500
$1,700
7 Finalize Comprehensive RMS Re lacement Strategy and Budget
16
$2,400
$11,200
ESTIMATED TOTAL
$58,200
$58,200
1 Consultant Rate
150
MR
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 365
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Dana Brow
9/8/2009
FD
--( IE C n vn E D
U U l� L,C �J
SEP 0 8 2009
WHATCOIUCOUNTY
COUNCIL I
9/15/2009
Council
Division Head:
Dept. Head:
Prosecutor:
Purchasin Bud et:
Executive:
TITLE OF DOCUMENT.
Approval of contract amendment with David Bricklin for legal representation
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) 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.)
Approval to enter into a contract amend with David Bricklin for lega representaiton.
COMMITTEE ACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting
on the Coun 's website at: www.co.whatcom.wa.uslcouncil.
We
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
200805006-3
Originating Department:
County Council
Contract Administrator:
Marina Engels
Contractor's /Agency Name:
Bricklin & Newman, LLP
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): 200805006
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
If a Professional Services Agreement is more than $15, 000 or a Bid is
amt and any prior amendments)
more than $35,000, please submit an Agenda Bill for Council
$ 90 000.00
approval and a supporting memo. Any amendment that provides
either a 10% increase in amount or more than $10,000, whichever is
This Amendment Amount:
greater, must also go to Council and will need an agenda bill and
$ 0
supporting memo. If less than these thresholds, just submit to
Executive with supporting memo for approval.
Scope of Services
The contractor shall represent Whatcom County in WWGMHB No. 08-2-
0021 c and shall advise the County on the issues related to the completion of
the County's ten-year review of its urban growth areas. In addition, the
contractor shall represent the County on the petitions for review of that
matter currently filed by Jack Petree, Caitac USA Corp., and Robert Wiesen
in the Snohomish County Superior Court. The contractor shall also
represent the County on any requests for direct review of these matters to the
Washington Court of Appeals or transfers of these matters to the Washington
Supreme Court. Services shall be performed in concert with member(s) of
the Whatcom County Prosecutor's Office staff, as directed by the Prosecutor
or his designee.
Term of Contract: One year
Expiration Date: August 31, 2010
Contract Routing Steps & Signo(r [sign or initial?
[indicate date transmitted]
1. Prepared by: Marina Ends
Date
[electronic]
2. Attorney reviewed: KNF
Date_918109
[electronic]
3. AS Finance reviewed:
Date
[electronic]
4. IT reviewed if IT related
Date
_ [electronic]
5. Corrections made:
Date
[electronic] hard copy printed
6. Attorney signoff.•
Date
7. Contractor signed:
Date
8. Submitted to Exec Office
Date [summary via electronic; hardcopies]
9. Reviewed by DCA
Date
10. Council approved (if necessary)
Date
11. Executive signed:
Date
12. Contractor Original
13. Returned to dept;
Date
14. County Original
to Council
Date
this form may need to expand to more than one page
M.
WHATCOM COUNTY CONTRACT
ATTORNEYREVIEW
[submit via electronic transmittal)
Whatcom County Contract No.
Originating Department:
Contact Person:
Contractor's Name:
First Review:
❑ Approved As Is; Prepare Hardcopy for Signoff
❑ Needs Revision; Attorney Comments for suggested changes:
Second Review:
❑ Implemented Attorney Corrections as Indicated
❑ Approved; Prepare Hardcopy for Signoff
❑ Additional Corrections Needed; Attorney Comments for suggested changes:
Please indicate any Special Dates or Clauses that require calendaring:
Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to
Contractor for signature.
Whatcom County Contract No.
Amendment No. 3 200805006-3
Whatcom County Contract No. 200805006
CONTRACT BETWEEN WHATCOM COUNTY AND
Bricklin Newman Dold, LLP, Attorneys at Law
THIS AMENDMENT is to the Contract between Whatcom County and Bricklin Newman Dold, LLP, Attorneys at Law,
dated May 7, 2008 and designated "Whatcom County Contract No.200805006". In consideration of the mutual benefits to
be derived, the parties agree to amend the terms of the contract as follows:
1. The name of the contractor shall be amended from Bricklin Newman Dold, LLP, Attorneys at Law, to Bricklin &
Newman, LLP, Attorneys at Law.
2. The term of the contract shall be extended for one year, with anew expiration date of August 31, 2010.
Unless specifically amended by this agreement or previous agreements to amend the original contract, all other terms and
conditions of the original contract shall remain in full force and effect.
This Amendment takes effect: September 1, 2009, regardless of the date of signature.
IN WITNESS WHEREOF, Whatcom County and Bricklin & Newman, LLP, Attorneys at Law, have executed this
Amendment on the date and year below written.
DATED this
CONTRACTOR:
CONTRACTOR
day of
DAVID A. BRICKLIN, Attorney -at -Law
STATE OF WASHINGTON )
)SS.
COUNTY OF WHATCOM )
2009.
On this day of 2009, before me personally appeared
be the of the
executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
to me known to
and who
NOTARY PUBLIC in and for the State of Washington, residing at
My commission expires
WHATCOM COUNTY:
Approved as to form:
Prosecuting Attorney Date
Approved:
Accepted for Whatcom County:
By:
Pete Kremen, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
On this day of 2009, before me personally appeared to me known to
be the of the 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
CONTRACTOR INFORMATION:
Bricklin & Newman, LLP, Attorneys -at -Law
1001 Fourth Avenue, Suite 3303
Seattle, WA 98154
Contact Name: David A. Bricklin
Contact Phone: (206) 264-8600
Contact FAX: (206) 264-9300
.0
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
AB2009-348
CLEARANCES
Initial
Date
fice
Date Received in Council Of
Agenda Date
Assigned to:
Finance Committee
Originator: Lynne
Givler
7117109
� 2 � E 0
/J
EIDDivision
SEP 0' 8 2009
9/ 1 5/ 0 9
Council
Head:
Dept. Head: Mike
61L
`7 Zy p�
McFarlane
► HA C OM COUNTY
NCIL
Prosecutor:
g �$
Purchasin /Bud et:
Executive:
-3-0
TITLE OF DOCUMENT. Residential Lease Agreement with Dennis Conner to lease the house located at 5305 Nielsen Ave.
Ferndale, WA in Hovander Homestead Park
ATTACHMENTS: Residential Lease Agreement
SEPA review required? ( ) Yes ( x )
Should Clerk schedule a hearing ? ( ) Yes ( x )
NO
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.)
This Residential Lease Agreement grants permission to Dennis Conner to lease the house located at 5305 Nielsen Ave. Ferndale,
WA in Hovander Homestead Park. The fee for this Agreement is $886.21 plus leasehold tax (12.84%) of $113.79 for a total of
$1,000.00 a month. This is the first time this house has been leased.
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.
91
WHATCOM COUNTY
PARKS & RECREATION DEPT.
3373 Mt. Baker Hwy.
Bellingham, WA 98226
MEMORANDUM
TO: Pete Kremen, County Executive
FROM: Michael McFarlane, Director '
RE: Residential Lease Agreement with Dennis Conner
DATE: July 17, 2009
Michael McFarlane
Director
RECEIVED
AUG 2 5 20C9
PETE KREMEN
COUNTY EXECUTIVE
Enclosed are two (2) originals of the Residential Lease Agreement between Dennis Conner
and Whatcom County (Parks & Recreation) for your review and signature.
■ Background and Purpose
To grant permission to Dennis Conner to lease the house located at 5305 Nielsen Ave.,
Ferndale, WA at Hovander Homestead Park on a month -to -month basis. Dennis Conner has
previously occupied this house at no cost as a requirement of his position. When that
requirement was removed, Dennis Conner and his family opted to rent the house and enter
into a lease agreement.
■ Funding Amount and Source
Funds under this agreement will be a rental fee of $1,000.00 a month ($886.21 plus $113.79
leasehold excise tax of 12.84%).
■ Differences from Previous Contract
This is the first time this house has been leased so there is no previous contract.
Please contact Michael McFarlane at extension #32072 if you have any questions or
concerns regarding the terms of this agreement.
Encl.
92
WHATCOM COUNTY CONTRACT
INFORMA TION SHEET
Whatcom County
Contract No.
aovgogoo9
Originating Department:
Parks & Recreation
Contract Administrator:
Michael McFarlane
Contractor's /Agency Name:
Dennis Conner
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No Yes _ No If yes, previous number(s):
Is this a grant agreement?
Yes No _X If yes, grantor agency contract number(s)
CFDA number
Is this contract grant funded?
Yes _ No X If yes, associated Whatcom County grant contract number(s)
Is this contract the result of a RFP or Bid process?
Yes No X If yes, RFP and Bid number(s)
Contract Amount: (sum of orig contract amt
If a Professional Services Agreement is more than $15, 000 or a Bid is more than
and any prior amendments)
$35,000, please submit an Agenda Bill for Council approval and a supporting
1 000.00
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
To grant permission to Dennis Conner to lease the house located at 5305
Nielsen Ave. Ferndale, Washington. Lease agreement will be $1, 000.00
per month ($886. 21 plus $113. 79 leasehold tax of 12. 84 %)
Term of Contract: month -to -month tenancy
Expiration Date: month- to- month tenancy.
Contract Routinz Steps & Siznoff fsizn or initiall (indicate date transmitted
1. Prepared by: Lgivler `AIZ,
Date_7117109 [hard copy]
2. Attorney reviewed:
Date - [hard copy]
3. AS Finance reviewed: /
Date and copy)
4. IT reviewed if IT related
Date [electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signoff.•
Date
7. Contractor signed: Dconner
Date
8. Submitted to Exec Office Date Q-ZS-Oq . isummary via electronic; hardcopies]
9. Reviewed by DCA Date
10. Council approved (if necessary) Date
11. Executive signed: Date
12. Contractor Original
13. Returned to dept; Date
14. County Original
to Council Date this form may need to expand to more than one page
93
rCWHATCOM COUNTYI
ONTRACT NO.
RESIDENTIAL LEASE AGREEMENT
THIS AGREEMENT, dated as of�� �, 2009, is made and entered into between
WHATCOM COUNTY (PARKS & RECREATION DEPARTMENT), a municipal
corporation in the State of Washington, hereinafter referred to as the "Landlord" and
DENNIS CONNER as the "Tenant."
In consideration of the covenants and agreements hereinafter set forth, the Landlord does
hereby lease to Tenant those certain premises situated at 5305 Nielsen Ave., Ferndale, Washington
98248, County of Whatcom, State of Washington, particularly described as follows:
Three -bedroom / 1.5 bath home in Hovander Park
on a month -to -month basis upon the following terms and conditions.
1. RENT: Tenant shall pay monthly rent in the amount of $1,000.00 ($886.21 plus $113.79
leasehold tax of 12.84%) in advance on or before the first day of each monthto the Landlord or
to such other person(s) as Landlord from time to time designates in writing.
2. UTILITIES: Tenant shall pay for all services and utilities supplied to the premises, except
water.
3. DAMAGES, CLEANING AND SECURITY DEPOSIT: Tenant has not paid a damage
deposit. Upon termination of this tenancy, Tenant will be responsible for ensuring the
following conditions have been met:
a. Tenant shall have fully performed the obligations hereunder and those set forth in the 1973
Residential Landlord -Tenant Act as amended, or as subsequently amended.
d. Tenant shall have cleaned and restored premises to its original condition at commencement
of this tenancy, except for normal wear and tear resulting from ordinary use.
e. Tenant shall have remedied or repaired to Landlord's satisfaction any damage to premises
or furnishings.
Within fourteen (14) days after termination of tenancy and vacation of the premises, Landlord
will give Tenant a full and specific statement of the basis for requesting payment for any
damages sustained to the residence.
4. USE OF PREMISES: Tenant shall not. assign this Agreement, sublet the premises, give
accommodations to any roomers or lodgers or permit the premises to be used for any purposes
other than a private dwelling solely for the Tenant and his/her family consisting of the
following named persons: Dennis Conner, Terry Conner and John Robitalle
Residential Lease Agreement - Page 1
5. TENANT OBLIGATIONS: Tenant agrees as follows:
a. To pay all rent and other charges promptly when due. A late charge of $25.00 will be
assessed if rent is not paid by the 5th day of the month.
b. To properly use and operate all electrical, heating, plumbing, and other fixtures, and
appliances supplied by the Landlord.
c. To keep the premises in a clean and sanitary condition.
d. Not to use the premises for any purpose deemed hazardous by insurance companies.
e. To properly dispose of all rubbish, garbage and other organic or flammable waste at
reasonable and regular intervals and to assume all costs of extennination and fumigation for
infestation caused by Tenant.
f. Not to intentionally or negligently destroy, deface, damage, impair or remove any part of
the structure or dwelling, including the facilities, equipment, furniture, furnishings and
appliances, or permit any member of his/her family, invitee, licensee or any person under
his/her control to do so.
g. To repair, at Tenant's expense, any damage to the premises caused by Tenant's acts or
neglect or any family member, invitee, licensee or any person under his or her control
including a sub -tenant within thirty (30) days of receipt of written notice from Landlord
requiring such repairs, or within a shorter time if made necessary by emergency.
h. To pen -nit the Landlord, his/her agents, employees or representatives to enter the premises
at reasonable times after notice as required by the 1973 Residential Landlord -Tenant Act
for the purpose of inspections or to make necessary repairs or improvements or to show the
premises to prospective purchasers, mortgagees or insurance representatives.
i. To permit Landlord to show the premises to prospective tenants after notice as required by
the 1973 Residential Landlord -Tenant Act for a period of twenty (20) days prior to
expiration of tenancy.
j. Not to have any animals or pets of any kind on the premises, either inside or outside.
k. Not to install a waterbed without the prior written approval of the Landlord.
1. Not to make any alterations, additions, painting or improvements in or to the premises,
including changing or adding additional door locks, without the prior written approval of
Landlord.
Residential Lease Agreement - Page 2
95
in. To notify the Landlord immediately in writing of any necessary repairs or damage to the
premises.
n. Not to smoke in the premises.
o. Not to engage in drug -related activity at the rental premises, or allow a subtenant, sublessee,
resident, or anyone else to engage in drug -related activity at the rental premises with the
knowledge or consent of the tenant. "Drug -related activity" means that activity which
constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW.
p. To conform to the rules and regulations adopted by Landlord. These rules and regulations
may be modified by Landlord upon ihirty (30) days written notice.
q. To provide and maintain receptacles for garbage and trash.
r. To mow and water the grass and lawn, and keep the grass, lawn, flowers and shrubbery in
good order and condition, and to keep the sidewalk surrounding the premises free and clear
of all obstructions, snow and ice.
s. To use due precaution against freezing of water pipes and waste pipes and stoppage of same
in and about the premises. In the event that water pipes or waste pipes are frozen or become
clogged by reason of neglect of Tenant, Tenant agrees to repair same at Tenant's expense as
well as all damage caused thereby. Tenant shall shut off outside water faucets in the winter.
t. There will be no parking pennitted of any vehicles and/or trailers, of any type, upon grass or
lawn. Any vehicles must be properly insured and licensed.
u. Not to post any political, advertising, or other signs on park property, including in windows
that are visible to the public. Whatcom County Parks & Recreation recognizes the Tenant's
right to free speech, but given the public nature of park property it's imperative that the
public not conclude that Whatcom County Parks & Recreation is endorsing a particular
candidate or political position, or is advertising a particular product or service.
6. TERMINATION: This agreement can be terminated by either party upon 30 days written
notice to the other party.
7. ABANDONMENT: If Tenant defaults in payment of rent and is absent from the premises for
a.period of fourteen (14) consecutive days, it shall be presumed that Tenant has abandoned the
premises and does not intend to resume his/her tenancy. In the event of such an abandonment,
Landlord may immediately enter the premises and take possession of any property of Tenant
found therein. Any such property shall be stored and disposed of pursuant to the provisions of
the 1973 Residential Landlord -Tenant Act as amended.
8. SUBLETTING AND ASSIGNMENT: Tenant agrees not to sublet the premises nor any part
Residential Lease Agreement - Page 3
0
thereof nor assign this Agreement in whole or in part without the prior written consent of
Landlord.
9. NO WAIVER: Failure of Landlord to insist upon the strict performance of the terms,
covenants, agreements and conditions herein contained, or any of them, shall not constitute or
be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such
term, covenant, agreement or condition, but the same shall continue in full force and effect.
10. ATTORNEY'S FEES: In the event suit shall be brought regarding the performance of the
terms and provisions of this Agreement or because of a breach of any of Tenant's obligations,
then Tenant agrees to pay to Landlord reasonable attorney's fees as authorized by R.C.W.
Chapter 59.18.
11. HOLD HARMLESS: The Tenant shall protect and hold the Landlord harmless for all claims
and damages arising out of the Tenant's negligent use of the permit premises.
12. OTHER TERMS / INFORMATION:
a) The premises consists of approximately one-half acre of land, a wood frame three -bedroom
house, and one outbuilding.
b) Lead Warning: Housing built before 1978 may contain lead based paint. Lead from paint,
paint chips; and dust can pose health hazards if not taken care of properly. Lead exposure is
especially harmful to young children and pregnant women. Before renting pre-1978
housing, Landlord must disclose the presence of known lead -based paint hazards in the
dwelling. Tenant must also receive a federally approved pamphlet on lead, poisoning
prevention.
13. DELIVERY OF POSSESSION: If for any reason whatsoever Landlord does not deliver
possession of the premises at the commencement of the teen of this Agreement, rent shall be
abated until such date as possession of the premises is tendered by Landlord, and in all other
respects this Agreement shall remain in full force and effect and the term shall not be extended
thereby. In no event shall Landlord be liable for damages caused by failure to deliver
possession of the premises. If possession of the premises is not tendered to Tenant within ten
(10) days of the commencement of the term of this Agreement, Tenant may terminate this
Agreement by giving written notice to Landlord and any monies paid by Tenant to Landlord
shall be refunded to Tenant.
Residential Lease Agreement - Page 4
97
Tenant acknowledges that he/she/they have read this agreement and will abide by its terms
and will comply with all rules and regulations adopted by Landlord.
TENAN
Dennis Conner
Telephone Number
STATE OF WASHINGTON)
) ss.
COUNTY OF WHATCOM )
n,
On this �29 day of 20 .0 J, before me personally appeared
�c`i✓N/� [;aivNEi2 a ands iv'/R to me known to be the
individual(s) described in and who executed the within and foregoing instrument, and
acknowledges that they signed the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
Given under my hand and official seal this,99 day of 20 0
-14
�b1A NOTARY PUBLIC in and for the State of Washington,
ASS O)C-16
at�
residing at
My Commission expires: o ?A) i 1� e; l
NpM
+►��SU
Residential Lease Agreement - Page 5
Executed as of the date first written above.
LANDLORD
WHATCOM COUNTY
Pete Kremen, 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 County Executive of WHATCOM COUNTY and who executed the above instrument and
who acknowledged to me the act of signing and sealing thereof.
Given under my hand and official seal this day of , 20
NOTARY PUBLIC in and for the State of Washington,
residing at Bellingham
My Commission expires:
WHATCOM COUNTY PARKS & RECREATION
APPROVED AS TO FORM:
Deputy Prosecuting orney
Residential Lease Agreement - Page 6
0
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB 2 0 0 9— 3 4 9
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
DD
7128109
W E C E J n V E D
SEP 0 2009
WHATCOM COUNTY
COUNCIL
09115109
Finance/Council
Division Head:
i
Dept. Head:
Prosecutor:
O
Purchasin /Budget:
VS1010
Executive:
TITLE OF DOCUMENT. • Resolution to Elect Expenditures of National Forest Related Safety -Net Payments under PL 110-343
ATTACHMENTS: Resolution
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
Resolution to elect Expenditures of national Forest Related Safety -Net Payments under PL 110-343 (the Act).
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers: 7Ordinance
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.
100
WHATCOM COUNTY
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082
MEMORANDUM
To: Whatcom County Council
From: Dewey Desler, Deputy Administrato,,%�t
Subject: Secure Rural Schools and Community Self -Determination Act
Date: August 26, 2009
Pete Kremen
County Executive
Dewey Desler
Deputy Administrator
The annual deadline is approaching for decisions under federal law (P.L. 106-393 and P.L. 110-
343), the Secure Rural Schools and Community Self -Determination Act of 2000. This act was
reauthorized in 2008 and is funded through 2011. Washington Association of Counties is
requesting all information be sent to them for compilation by the end of September. WSAC will
forward the information to the Governor's office and the U.S. Secretary of Agriculture.
This act is designed to create a stable source of funding for counties and schools in what has
traditionally been a variable source of revenue from timber harvesting on U.S. Forest Service
lands. During the next year, Whatcom County is scheduled to receive a "safety net" payment of
approximately $1.77-million. The Title I portion of this act specifies that 80-85% of this funding
amount be split equally between county schools and county roads. At 80%, this works out to
approximately $707,000 to the county road fund and $707,000 to local public schools.
The Whatcom County Council also must set the percentage amount allocated for Title II and
Title III projects on a yearly basis. The act allows a range of between 15-20%. We would
recommend the Council approve the 20% figure with all funding going to Title II projects
(approximately $354,000). Transferring more money to Title I or Title III effectively reduces our
federal PILT allocation for the next year. Title 11 projects are projects reviewed and
recommended by a Resource Advisory Committee (RAC) composed of representatives of
Whatcom and Skagit counties. The projects are designed to assist with improving the
maintenance of existing National Forest infrastructure, implementing stewardship objectives that
enhance forest ecosystems, and restoring and improving land health and water quality.
-rhe attached resolution confirms the above recommendations. Following your review and
consideration, an approved resolution will be transmitted immediately to Washington Association
of Counties, the Governor and the Secretary of Agriculture.
These programs and resources available under this federal law can have substantial benefit to
Whatcom County. We recommend that you adopt the attached Resolution. Please call me
should you have any questions or desire further information.
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 101
SPONSORED BY: Countv Executive
PROPOSED BY:
INTRODUCTION DATE: 09/15/09
RESOLUTION NO.
In the Matter of the Election to Receive National Forest Related
Safety -Net Payments Under P.L. 110-343
WHEREAS, Congress enacted in 1908 and subsequently amended a law that requires
that 25 percent of the revenues derived from National Forest lands be paid to states for
use by the counties in which the lands are situated for the benefit of public schools and
roads; and
WHEREAS, the sharing of revenues from the National Forest lands is, in part, a
recognition that these lands are not subject to local taxation, and also that counties
provide services that directly benefit the lands and the people who use the lands; and
WHEREAS, the principal source of revenues from National Forest lands is from the
sale and removal of timber, which has been sharply curtailed in recent years; and
WHEREAS, the volume of timber sold annually from most National Forest lands has
declined precipitously, with a corresponding precipitous decline in revenues shared with
counties; and
WHEREAS, the United States Congress recognized a need to stabilize education and
road maintenance funding through predictable payments to the affected counties, job
creation in those counties, and other opportunities associated with restoration,
maintenance and stewardship of federal lands, and to achieve those goals enacted P.L.
106-393 in 2000 and amended and reauthorized by P.L. 110-343; and
WHEREAS, P.L. 110-343 provides for guaranteed minimum payments for the benefit of
affected counties, as well as an opportunity to invest a portion of the guaranteed
minimum payments in projects on federal lands or that benefit resources on federal
lands, or in county projects or activities; and
WHEREAS, per Title 1, Section 102 of P.L. 106-393, Whatcom County in Resolution
2001-47 elected to receive the full payment amount from the National Forest lands
pursuant to the Act of May 23, 1908 and Section 13 of the Act of March 1, 1911.
WHEREAS, an election to receive the full payment amount is effective for all federal
fiscal years through fiscal year 2011; and
Page 1
102
WHEREAS, any county electing to receive the full payment amount must further elect
to expend an amount not less than 15 percent nor more than 20 percent of its full
payment amount as project funds in accordance with Title 1, Section 102(d)(1)(B) of
P.L. 106-393; and
WHEREAS, Title I, Section 102(d)(1)(B) of P.L. 106-393 requires that counties electing
to receive the full payment amount must yearly allocate its project funds for expenditure
between projects in accordance with Title II of P.L. 106-393, projects in accordance with
Title III of P.L. 106-393, and a return of the balance unspent under Titles II and III to the
General Treasury of the United States, and communicate such allocation to the
Secretary of the United States Department of Agriculture; and
WHEREAS, Title II of P.L. 106-393 provides for special projects on federal lands or that
benefit resources on federal lands, which projects are recommended by local resource
advisory committees ("RACs"); and
WHEREAS, RACs recommend projects for consideration by the Secretary of
Agriculture, with project funding supplied in whole or in part out of monies allocated for
such purposes by participating counties; and
WHEREAS, Title III of P.L. 106-393 provides for county projects or services, some of
which are associated with the federal lands, with Title III authorizing expenditures for
search, rescue and emergency services, staffing of community service work camps, the
purchase of easements, forest related educational opportunities, fire prevention and
county planning, and community forestry pursuant to the Cooperative Forest Assistance
Act of 1978;
NOW, THEREFORE, be it resolved as follows:
Whatcom County hereby allocates 20 percent of its full payment amount for
expenditure on projects under Title II and Title III of P.L. 106-393 and P.L.
110.343. Whatcom County will return none of its payment amounts to the
General Treasury of the United States pursuant to Title I, Section
102(d)(1)(B)(iii).
2. Of the amount allocated to Title II and Title III projects above, hereinafter
referred to as the "Project Funds," Whatcom County further allocates between
such Titles for federal fiscal year 2009 (for expenditure after federal fiscal year
2009) on the following basis:
• 100 percent of the Project Funds for expenditure on Title II projects.
3. A copy of this Resolution shall be transmitted as rapidly as possible to the
Association of Washington Counties with instructions to re -convey the Resolution
to the Office of Governor of the State of Washington with a request that the
Page 2
103
Governor communicate the elections made herein to the Secretary of the United
States Department of Agriculture.
ADOPTED this day of September, 2009.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
JC
Civil Depu y r cutor
( ) Approved ( ) Denied
Pete Kremen
County Executive
Seth Fleetwood, Council Chair
Page 3
104
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2 0 0 9 - 3 5 0
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
S. Tan
,� � n � D
RR E C E I� v
9/I5/09
FinancelCouncil
Division Head:
J. Hutchings
SEP 0 3 2009
ad.
F. Abart
d
TY
COUNTY
Prosecutor:
V
D. Gibson
dl
08128109
WHATCOM
COUNCIL
Purchasing/Budget:
BB
09101109
B. Bennett
Executive:
P. Kremen
TITLE OF DOCUM N
Interagency Agreement with Washington State Department of Natural Resources for Creosote Log Removal at
Cherry Point (Marine Resources Committee project)
ATTACHMENTS:
■ Memo
■ Contract Information Sheet
■ Interagency Agreement
■ Related Exhibits
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,
you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
In 2008, volunteers identified and mapped 10.5 tons of creosote debris and treated lumber from the Intalco pier
to the BP Cherry Point pier. The MRC is involved in action projects that include nearshore habitat restoration
in Whatcom County. This agreement is to provide for the removal of creosote logs along the Cherry Point reach of
the Whatcom County shoreline in the mapped area.
Creosote -treated logs are a continuous source of contaminants such as polycyclic aromatic hydrocarbons (PAHs) in
the nearshore marine environment which have been shown to have a particularly deleterious effect on forage fish
such as Pacific herring. Also the Cherry Point Pacific herring population in Washington, once the most prolific in
the state, has declined by 94% in recent years with habitat degradation cited as a potential cause. Removing these
pieces of creosoted lumber will aid in increasing clean habitat in this sensitive reach.
DAR has conducted numerous successful creosote removal projects since 2005.
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.
105
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
TO:
NATURALRESOURCES
322 N. Commercial Street, Suite 110
Bellingham, WA 98225
Telephone: (360) 676-6876
FAX: (360) 738-2468
www.whatcorncountv.us
MEMORANDUM
The Honorable Pete Kremen, Whatcom County Executive, and
Honorable Members of the Whatcom County Council
THROUGH: Frank M. Abart, Public Works Director *--qlt X0
FROM: Jon Hutchings, Ph.D., Assistant Director
SEP 3 r 2009
PETE KREMEN
COUNTY EXECUTIVE
RE: Interagency Agreement with Washington State Department of Natural Resources for
Creosote Log Removal at Cherry Point (Marine Resources Committee project)
DATE: August 31, 2009
Please find enclosed for your review and signature two (2) originals of the subject interagency
agreement between the Washington State Department of Natural Resources (DNR) and Whatcom
County for the Whatcom County Marine Resources Committee (MRC).
■ Background and Purpose
In 2008, volunteers identified and mapped 10.5 tons of creosote debris and treated lumber from the
Intalco pier to the BP Cherry Point pier. The MRC is involved in action projects that include
nearshore habitat restoration in Whatcom County. This agreement is to provide for the removal of
creosote logs along the Cherry Point reach of the Whatcom County shoreline in the mapped area.
Creosote -treated logs are a continuous source of contaminants such as polycyclic aromatic
hydrocarbons (PAHs) in the nearshore marine environment which have been shown to have a
particularly deleterious effect on forage fish such as Pacific herring. Also the Cherry Point Pacific
herring population in Washington, once the most prolific in the state, has declined by 94% in recent
years with habitat degradation cited as a potential cause. Removing these pieces of creosoted lumber
will aid in increasing clean habitat in this sensitive reach.
DNR has conducted numerous successful creosote removal projects since 2005.
■ Funding Amount and Source
This interagency agreement in the amount of $9,466 is funded by CZM310 Grant Agreement No.
G1000002 between the Washington State Department of Ecology and Whatcom County for
Northwest Straits Project: Marine Resources Committee Action and Administration.
Please contact Scarlet Tang at extension 50638 if you have any questions or concerns regarding
the terms of this agreement.
Enclosures
106
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
aoog050o5
Originating Department:
Public Works- Stormwater
Contract Administrator:
Scarlet Tan
Contractor's /Agency Name:
Washington State Department of Natural Resources
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No Yes _ No If yes, previous number(s):
Is this a grant agreement?
Yes _ No X If yes, grantor agency contract number(s)
CFDA number
Is this contract grant funded?
Yes X No If yes, associated Whatcom County grant contract number(s) 200906036
Is this contract the result of a RFP or Bid process?
Yes_ No 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
$_9,466
memo. Any amendment that provides either a 10% increase in amount or more than
$10, 000, whichever is greater, must also go to Council and will need an agenda bill
This Amendment Amount:
$
and supporting memo. If less than these thresholds, just submit to Executive with
Total Amended Amount:
supporting memo for approval.
Scope of Services
In 2008, volunteers identified and mapped 10.5 tons of creosote debris and
treated lumber from the Intalco pier to the BP Cherry Point pier. The MRC is
involved in action projects that include nearshore habitat restoration in our
County. This agreement is to provide for the removal of creosote logs along the
Cherry Point reach of the Whatcom County shoreline in the mapped area.
Creosote -treated logs are a continuous source of contaminants such as polycyclic
aromatic hydrocarbons (PAHs) in the nearshore marine environment which have
been shown to have a particularly deleterious effect on forage fish such as Pacific
herring. Also the Cherry Point Pack herring population in Washington, once the
most prolific in the state, has declined by 94% in recent years with habitat
degradation cited as a potential cause. Removing these pieces of creosoted lumber
will aid in increasing clean habitat in this sensitive reach. DNR has conducted
numerous successful creosote removal projects since 2005.
Term of Contract:
Expiration Date: 613012010
Contract Routing Stens & SignofF. !sign or initial! [indicate date transmitted
1. Prepared by: Remy Stratton Date_8125109 [electronic]
2. Attorney reviewed: _Daniel L. Gibso Date 08128109 [electronic]
3. AS Finance reviewed: bbennettDate 09101109 [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made: Date [electronic] hard copy printed
6. Attorney signoff.- Daniel L. Gibson Date 08128109
7. Contractor signed: Date
8. Submitted to Exec Office ✓ Date 9 - 3 -o 9 [summary via electronic; hardcopies]
9. Reviewed by DCA Date
10. Council approved (if necessary)
11. Executive signed:
12. Contractor Original
13. Returned to dept;
14. County Original to Council
Date
Date
Date
Date
107
ORIGINAL WHATCOM COUNTY;.
GOUNV CON rRACT NO.
aooS0�oos
INTERAGENCY AGREEMENT BETWEEN -
WHATCOM COUNTY PUBLIC WORKS DEPARTMENT
AND
WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES
WHEREAS, the WHATCOM COUNTY PUBLIC WORKS DEPARTMENT, hereinafter
referred to as the "COUNTY", and the DEPARTMENT OF NATURAL RESOURCES, hereinafter
referred to as "DNR", desire to enter into an agreement to provide for the removal of creosote logs
along the Cherry Point reach of the Whatcom County shoreline, between the Intalco Pier and the
BP Cherry Point Pier;
WHEREAS, creosote -treated logs are a continuous source of contaminants such as
polycyclic aromatic hydrocarbons (PAHs) in the nearshore marine environment, and have been
shown to have a particularly deleterious effect on forage fish such as Pacific herring;
WHEREAS, the Cherry Point Pacific herring population in Washington, once the most
prolific in the state, has declined by 94% in recent years, with habitat degradation cited as a
potential cause;
WHEREAS, removing these pieces of creosoted lumber will aid in increasing clean habitat
in this sensitive reach;
WHEREAS, DNR has conducted numerous successful creosote removal projects since
2005;
WHEREAS, a volunteer survey conducted in 2008 estimated the amount of creosote-
contamined material in the proposed project reach to be 10.5 metric tons;
WHEREAS, funding for removal will be provided through a grant to the County from the
Northwest Straits Commission;
THEREFORE, IT IS MUTUALLY AGREED THAT:
I. Purpose:.The purpose of this agreement is to set the terms whereby the County will
make available funds to DNR (Contractor) as described in Exhibit A attached hereto.
II. Administration: No new or separate legal or administrative entity is created to administer
the provisions of this agreement.
III. Contractor's Responsibilities: Contractor hereby agrees to implement the program as
described in Exhibit A attached hereto.
IV. Whatcom County Responsibilities: The County hereby agrees to reimburse the
Contractor, not to exceed the total budget amount allocated to the Contractor as shown
in Exhibit A attached hereto, for the costs in providing and performing the services
stated.
The COUNTY shall not be held responsible for any maintenance costs for capital
facilities created or modified by activities conducted under this agreement.
V. Payment. All payments under this contract are considered reimbursement for services
rendered. Each request for payment herein is to be submitted in the usual form of a
claim for services rendered, which claim shall be supported by detailed documentation of
the services actually performed so as to comply with auditing requirements. Payment
shall be upon approved claims and in accordance with customary procedures. The
County will compensate the Contractor for services rendered within thirty (30) days
following receipt of a detailed invoice, provided all other terms and conditions of the
contract have been met and are certified as such by the Contract Administrator.
The Contractor must submit semi-annual progress reports describing work accomplished
during the previous six months, work anticipated for the following six months, and
analysis of any delays or cost overruns. The COUNTY will not process payment requests
in the current period unless the progress report has been received for the previous period.
VI. Term: This Agreement shall be effective for services performed from September 15,
2009 through June 30, 2010, and may be terminated by any party upon the giving of
ninety (90) days' written notice to the others. Any financial obligations remaining at the
end of the notice period that were properly incurred during the life of the agreement shall
be paid in full according to the provisions of V. Payment, stated above. This Agreement
is contingent upon the successful conclusion of a grant agreement between the
COUNTY and the Washington State Department of Ecology.
VII. Responsible Persons: The persons responsible for administration of this Agreement
shall be the Whatcom County Public Works Department Director and the Washington
State Department of Natural Resources' Aquatic Resources Division Manager or their
designees.
Vill. 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 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.
109
XII. Severability: In the event any term or condition of this Agreement or application thereof
to any person or circumstance 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
, 2009.
WASHINGTON STATE DEPARTMENT
OF NATURAL RESOURCES
a
(name/title)
Approved as to form only
by the Assistant Attorney General
WHATCOM COUNTY
By
Pete Kremen, Cod
Approved as to form:
Executive
day of
Whatcom County Deputy Prosecuting
Attorney
110
STATE OF WASHINGTON
COUNTY OF WHATCOM ) ss.
On this day of 09, before me personally appeared Pete
Kremen, to me known to be the County Executi of Whatcom County and who executed the
above instrument and who acknowledged to the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
STATE OF WASHINGTON )
COUNTY OF WHATCOM ) ss.
On this day of , 2009, before me personally appeared
, to me known to be the _(title)_ of the Washington State
Department of Natural Resources and who executed the above instrument and who
acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and
Washington, residing at
My commission expires:_
for the State of
111
WHATCOM COUNTY:
Recommended for Approval-
, !a9
Fr nk M. Abart, Public Wo4sbirector Date
Ap roved as to form:
0 9 /0 / /C)5
Daniel L, Gibson Date
Asst. Chief Civil Deputy Prosecutor
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
CONTRACTORIAGENCY INFORMATION:
Contact Name: Lisa Kaufman, Restoration Manager-Orca Straits Aquatic District
Washington State Department of Natural Resources
919.N. Township Street
Sedro-Woolley, WA 98284
Contact Phone: 360.854.2808
Contact Fax: 360.856.2150
Contact Email: lisa.kaufman@dnr.wa.gov
112
EXHIBIT A
SCOPE OF WORK
Background
In 2008, volunteers identified and mapped treated lumber from the Intalco pier to the BP
Cherry Point pier. Approximately 10.5 tons of creosote debris were identified.
Tasks
1. Permitting/access. DNR will be responsible for securing any necessary permits or
landowner access.
2. Removal. A crew will verify the locations of the treated wood debris and position them for
pick up. During favorable tides, a helicopter or skiff, depending on expense and the
accessibility of the debris, will be used to tow the debris to Gulf Road where a crane will be
utilized to load the debris into containers.
3. Disposal. Once collected and loaded into containers the wood debris will be shipped to an
approved disposal site.
Deliverables
1. Summary report (including jpg images of removal in progress, number of volunteer hours,
total amount of debris removed and copies of any press releases or media coverage) — due
no later than June 1, 2010.
2. Progress report due December 31, 2009. If the summary report is completed prior to
December 31, 2009, this deliverable is waived.
Timeline
All work must be completed by June 30, 2010. Final invoice is due no later than July 7, 2010.
Budget
113
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-366
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Brenner, Kelly, Weimer
BB B% CW
918109
- =
C P 2009
9/15/2009
Council
Division Head:
Dept. Head:
Prosecutor:
WHA`i('�(�/1nn�'�+n COUNTY
COVU+Y'r' CI`LJ ,7�1/
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT.
A RESOLUTION REQUESTING INFORMATION FROM THE COUNTY EXECUTIVE FOR THE
MID -BIENNIUM 2009 - 2010 BUDGET REVIEW
ATTACHMENTS:
Resolution and Exhibit
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE 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.)
A resolution requesting certain materials from the County Executive by October 19, 2009 to aid
in the 2009-2010 mid -biennium review.
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
SPONSORED BY:
PROPOSED BY: BRENNER, KELLY, WEIMER
INTRODUCTION DATE: SEPTEMBER 15, 2009
RESOLUTION NO.
REQUESTING INFORMATION FROM THE COUNTY EXECUTIVE FOR THE MID -
BIENNIUM 2009 — 2010 BUDGET REVIEW
WHEREAS, the citizens of Whatcom County voted on November 4, 1997, in favor of
adding Section 6.05 regarding the adoption of a biennial budget cycle with a mid -biennium
review to the Whatcom County Home Rule Charter (Article 6); and
WHEREAS, on November 25, 2008, the Whatcom County Council adopted a biennial
budget for 2009-2010; and
WHEREAS, on July 8, 2008, the Whatcom County Council adopted Ordinance 2008-
02E adopting a biennial budget process including how the mid -biennium review will be
undertaken; and
WHEREAS, a significant economic downturn has had a serious negative effect on
County revenues and caused the need to significantly adjust the 2009-2010 budget;
NOW, THEREFORE, BE IT RESOLVED, that the Whatcom County Council requests
the County Executive provide the information shown on attached Exhibit A on or before
October 19th to help in an efficient mid -biennium review.
APPROVED this day of
ATTEST:
Dana Brown Davis, Clerk of the Council
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Seth Fleetwood, Council Chair
115
EXHIBIT A
Information requested of the County Executive for the mid -biennium review.
1. The status of the administration's proposed budget stabilization efforts for the 2009 budget through
the 3rd quarter 2009 and identification of any remaining or additional proposed adjustments;
2. The budgeted and actual revenues and expenditures for all funds through the 3`d quarter 2009;
3. The budgeted and actual fee revenues identified by department and types, and an explanation for
any collection shortfalls.
4. A full list of FTEs authorized in the 2009-2010 budget identifying vacancies, department or
administrative hiring holds or freezes, and presentations of any proposals for staff reductions to meet
reduced 2009-2010 expenditure levels in any fund.
5. Proposed revised revenue projections for 2010 and any associated expenditure increases or
reductions for all county funds, including which programs/purchases the administration proposes to
increase or reduce.
6. Five year revenue projections for REET I, REET II, and the Conservation Futures Funds, three year
expenditure forecasts with as much specificity as possible, along with a 2009-2010 budget for each
fund.
7. Presentation on the purpose and use of all the different parts of the Administrative Services Fund
including a full explanation of how the various cost allocations (administrative, space rental, etc)
charged to other funds or General Fund departments are calculated.
8. The administration's plan to meet increasing compliance and enforcement obligations associated
with the protection of Lake Whatcom, critical areas, and shorelines.
9. Proposed property tax levy ordinances for 2010
116
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB 2 0 0 9 - 3 51
CLEARANCES
Initial
Date
Received in Council Office
Agenda Date
Assigned to:
Originator:
JM
814109
(Date
(
A E E� V E D
sEP 08 zoos
WHATCOM COUNTY
COUNCIL
9115109
Finance
Division Head.
pttQ
01
Dept. Head:
�
Prosecutor.,
d b
Purchasin /Bud et:
�Jzy
Executive:
/ 1
TITLE OF DOC E T.
Whatcom County Housing Advisory Committee recommendations for funding and entering into contract with
Bellingham Whatcom County Housing Authorities for 2060 Capital project±
ATTACHMENTS.
Memo to Executive
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
As required by Substitute House Bill 2060, County Council approval is requested to allocate 2060 Capital Funds
to the Bellingham Whatcom County Housing Authorities (BWCHA) for 91 affordable housing units and to enter
into contract with BWCHA for the expenditure of these funds.
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 I.WDMIMCONTRACT FILEIBoilerplatesW GENDA_Bill2008 2060
R&R.doc
117
WHATCOM COUNTY GpM co Regina A. Delahunt, Director
Health Department �P`: y
509 Girard St. 3 <
Bellingham, WA 98225
� 02
9SH 1 N GEC
MEMORANDUM
TO: Pete Kremen, County Executive
Wo
FROM: Regina A. Delahunt, Director
RE: Allocation of 2060 Capital funds to Bellingham Whatcom County Housing
Authorities
DATE: August 4, 2009
Requested Action
am requesting County Council approval to allocate 2060 Capital Funds to the Bellingham
Whatcom County Housing Authorities (BWCHA) for 91 affordable housing units and to enter
into contract with BWCHA for the expenditure of these funds. An Agenda Bill is attached.
Backaround and Puraose
As required by the Substitute House Bill 2060, counties collect a document recording fee
surcharge that is set aside to provide housing for very low-income persons {i.e. household
income at or below 50% Area Median Income). According to an Interlocal Agreement with the
City of Bellingham, a portion of these funds are to be reserved for the purpose of funding capital
projects, including the rehabilitation, acquisition, and/or construction of affordable housing units.
The Whatcom County Housing Advisory Committee (WCHAC) recommended the allocation of 2060
Capital Funds in the amount of $250,000.00 to BWCHA at its June 11, 2009 meeting and requests
authorization for the County Executive to enter into contract with BWCHA for the rehabilitation of 91
affordable housing units at Varsity Village, located at 2400 to 2498 McKenzie Ave. & 2401 Donovan
Ave. The project will serve 91 households whose income is at or below the requited 50% of Area
Median Income.
Information
The contract with Bellingham Whatcom County Housing Authorities will be issued pursuant to RFQ
#09-11 and in accordance with RCW Chapter 35.83, Housing Cooperation Law.
If you need additional information, you may contact Gail de Hoog at ext. 30693.
118
WHATCOM COUNTY COUNCIL AGENDA BILL- NO.
AB2009-352
CLEARANCES
Initial
Date
a e v i
Agenda Date
Assi ned to:
Originator:
JM
8113109
SEP 0 s 2009
WHATCOM COUNTY
9115109
Finance
Division Head:
S D
Dept. Head:
��j�
�`�
Z"�Q
Prosecutor:
� a
COUNCIL
Purchasin /Bud et:
�g
F�Z7j0lq
Executive:
TITLE OF DOCU T. Contract between the Health Department and Northwest Resource Associates for an outcome evaluation of
the Whatcom County Offender Re -Entry Housing Program.
ATTACHMENTS:
1. Contract Info Sheet
2. Memo to Executive
3. 2 Originals of Contract Agreement
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.)
This contract funds an outcome evaluation of the Whatcom County Offender Re -Entry Housing Program, which is funded through the
Washington State Department of Commerce's Homeless Grant Assistance Program.
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #.
Related File Numbers.
Ordinance or Resolution Number.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at. www.co.whatcom.wa.uslcouncil.
119
WHATCOM COUNTY
HEALTH DEPT.
509 Girard St.
Bellingham, WA 98225
MEMORANDUM
Regina A. Delahunt]
Director
TO: Pete Kremen, County Executive --:
FROM: Regina A. Delahunt, Director
RE: Northwest Resource Associates, Whatcom County Offender Re -Entry
Housing Program Evaluation
DATE: August 18, 2009
Enclosed are two (2) originals of a contract between Whatcom County and Northwest
Resource Associates for your review and signature.
■ Background and Purpose
This contract funds an outcome evaluation of the Whatcom County Offender Re -Entry
Housing Program.
■ Funding Amount and Source
The source of funding for this contract, in an amount not to exceed $19,800.00, is a
Homeless Grant Assistance Program grant to the County from the Washington State
Department of Commerce. Funding for this contract is included in the current budget. The
contract is being issued pursuant to RFQ #08-87. Council approval is required, and an
Agenda Bill is attached.
■ Differences from Previous Contract
This is a new contract.
Please contact Gail de Hoog at extension 30693 if you have any questions or concerns
regarding the terms of this agreement.
Encl.
120
5bo
Cost cenw Obpa Code
Approved by
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
�005080
Originating Department:
HEALTH
Contract Administrator:
Gail de Hoo
Contractor's I Agency Name:
Northwest Resource Associates
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No Yes _ No If yes, previous number(s):
Is this a grant agreement?
Yes_ No X If yes, grantor agency contract number(s)
CFDA number
Is this contractgrantfunded?
Yes X No If yes, associated Whatcom County grant contract number(s) 200804014
Is this contract the result of a RFP or Bid process?
Yes X No If yes, RFP and Bid number(s) 08-87
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
$ 19,800.00
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 funds an outcome evaluation of the Whatcom County Offender
Re -Entry Housing Program.
Term of Contract: 09118109-12131111
Expiration Date: 12131111
Contract Routing Stens & Sienoff (sign or initiall (indicate date transmitted
1. Prepared by; JM
Date
8113109 [electronic]
2. Attorney reviewed: rjw
Date
8113109 [electronic]
3. AS Finance reviewed: Waldwell
Date
8113109 [electronic]
4. IT reviewed if IT related
Date
[electronic]
5. Corrections made:
Date [electronic] hard
6. Attorney signoff: fZ��,.
Dat
,- ---
7. Contractor signed. ,/
Date
—
copy printed
8. Submitted to Exec Office ,/ Date g- 2.7 — 0q [summary via electronic, hardcopies]
9. Reviewed by DCA Date
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
Date
Date
Date
121
CO� I� TY �������� Whatcom County Contract No.
V �OOcIO$0/O
CONTRACT FOR SERVICES AGREEMENT
NORTHWEST RESOURCE ASSOCIATES, OFFENDER RE-ENTRY HOUSING PROGRAM EVALUATION
Northwest Resource Associates, 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), p. 9,
Exhibit B (Compensation), pp. 10 to 11,
Exhibit C (Special Conditions), pp. 12 to 13,
Exhibit D (Certificate of Insurance), p. 14.
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein
The term of this Agreement shall commence on the 18th day of September, 2009, and shall, unless terminated or renewed as elsewhere
provided in the Agreement, terminate on the 31 st day of December, 2011.
The general purpose or objective of this Agreement is to conduct an outcome evaluation of the Whatcom County Offender Re -Entry
Housing Program, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict
between it and that provided here.
The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed
$19,800.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith.
Contractor acknowledges and by signing this contract agrees that. the Indemnification provisions set forth in Paragraphs 11.1, 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 L day of 2009.
CONTRACTOR:
Northwest Resource Associates
Robert Hunner, Executive Director
STATE OF WASHINGTON )
ss,
COUNTY OF )
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
//� l�i�� to me known to be the
4&moanv) and who executed the above instrument and
and sealing thereof.
NOTARY PUBIC inpnd for the State of Washington, residing at
&� l'lc . My commission expires
Page 0
v 1.0
122
WHATCOM COUNTY:
commended for pproval:
0.7
Re n Delahunt, Director Date ll`
Approved as to form:
r
rosecuting Attorney Date
Approved:
Accepted for Whatcom County:
By:
Pete Kremen, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
Pr gram Appro
Anne Deacon, Human Services Manager IDate
On this day of , 2009, 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:
Northwest Resource Associates
Robert Hunner, Executive Director
Address:
600 Stewart Street, Suite 1313
Seattle, WA 98101-1239
Mailing Address:
Same as above.
Contact Name: Greg Theurer
Contact Phone:206-441-6911
Contact FAX: NIA
Contact Email: gtheurerOnwresource.org
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 1
v 1.0
123
GENERAL CONDITIONS
Series 30-39: Provisions Related to Administration of Agreement
0.1 Scope of Services:
The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A",
during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Services provided by the Contractor prior to or after the term of this contract shall be performed at the expense of the Contractor and
are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may
be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties.
10.2 Extension:
The duration of this Agreement may be extended by mutual written consent of the parties for a 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 the Contractor's receipt of the written notice, or within three (3)
days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to
receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the
County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall
bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all
damage sustained, or which may be sustained by the County by reason of such default.
11.2 Termination for Reduction in Funding:
In the event that funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of
this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn,
reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced, or
limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best
interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions
of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three
days of the mailing of the notice, whichever occurs first.
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such
termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor
shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in
the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether
for default or convenience, shall not constitute breach of contract by the County.
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires
payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by
documentation of units of work actually performed and amounts earned, including; where appropriate, the actual number of days
worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal
auditing requirements.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his
designee (hereinafter referred to as the "Administrative Officer"), the County will not reimburse the Contractor for any costs or expenses
incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate
Coritract for Services Agreement
HL_091809_NWRA HGAP II Eva[
Page 2
v 1.0
124
documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures,
pursuant to the fee schedule set forth in Exhibit "B."
21.1 Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by
State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance
with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement.
The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must
pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
personal property to which the County does not hold title. The County is exempt from Federal Excise Tax.
22.1 Withholding Payment:
In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation 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 the 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 all applicable state and federal requirements, including but not limited to those pertaining to
payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with
Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of
prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under
conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the
Federal Secretary of Labor and the State of Washington.
Series 30-39: Provisions Related to Administration of Agreement
30.1 Independent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be
construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not
entitled to any benefits including, but not limited to, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of the County, The Contractor represents that he/she/it maintains a
separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the
Internal Revenue Service on a Schedule C, and has a 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.
The Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense,
including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because
of breach of the provisions of this paragraph.
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 3
v 1.0
125
30.2 Assignment and Subcontracting:
The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract
may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County.
30.3 No Guarantee of Employment:
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall
not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any
employee of any subcontractor by the County at the present time or in the future.
31.1 Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in
connection with performance of this Agreement, shall be the sole and absolute property of the County.
31.2 Patent/Copyright Infringement:
The Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the
extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such
defense and payments are conditioned upon the following:
A. The Contractor shall be notified promptly in writing by the County of any notice of such claim.
B. The Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the
information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County.
32.1 Confidentiality:
The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the
County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order
entered by a court after having acquired jurisdiction over the County. The Contractor shall immediately give to the County notice of any
judicial proceeding seeking disclosure of such information. The 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 the 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
six (6) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington,
upon request. The Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review
by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If
no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical.
34.1 Proof of Insurance:
The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following
minimums:
Property Damage per occurrence - $500,000.00
General Liability & Property Damage for bodily injury- $1,000,000.00
A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "D".
34.2 Industrial Insurance Waiver:
With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the
Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim
brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement.
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 4
v 1.0
126
34.3 Defense & Indemnity Agreement:
The Contractor agrees to defend, indemnify, and save harmless the County, its appointed and elective officers and employees, from
and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all
claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury,
including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including
loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors,
its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents,
except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected
officials or employees.
It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided
herein.
35.1 Non -Discrimination in Employment:
The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and
employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran
status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the
grounds of race, color, creed, religion, national origin, sex, 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 ensure
that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex,
age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Such action shall include, but not be limited to, advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of
compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all
solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex, or national origin.
The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts
or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees.
35.2 Non -Discrimination in Client Services: Not Applicable
36.1 Waiver of Noncompetition: Not Applicable
36.2 Conflict of Interest:
If at any time prior to commencement of, or during the term of this Agreement, the 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 the 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:
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 5
v 1.0
127
Gail de Hoog, Housing Program Specialist
Whatcom County Health Department
509 Girard St.
Bellingham, WA 98225
(360) 676-6724, ext. #30693
gdehoog aReo.whatcom.wa.us
37.2 Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given
by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this
Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may
be given by delivery or by depositing in the US Mail, first class, postage prepaid.
Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes
40.1 Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall
be in writing and signed by both of the parties.
40.2 Contractor Commitments, Warranties and Representations: Not Applicable
41.1 Severabili :
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this
end, the terms and conditions of this contract are declared severable.
41.2 Waiver:
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or
condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties
hereto. -rhe 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. The 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.
Arbitration: Not Applicable
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 6
v 1.0
128
43.1 Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the
venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement
shall be governed by the laws of the State of Washington.
44.1 Survival:
The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if
utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason.
45.1 Entire Agreement:
This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement
between the parties and supersedes any prior oral statements, discussions, or understandings between the parties.
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 7
v 1.0
129
EXHIBIT "A"
SCOPE OF WORK
Background
Whatcom County is a recipient of Homeless Grant Assistance Program funding from the Washington State
Department of Commerce. The grant funds the Whatcom County Offender Re -Entry Housing Program,
which offers permanent supportive housing to ex -offenders re-entering the community from the Whatcom
County Jail or from prison.
The Department of Commerce grant includes funding for a program evaluation to assess the effectiveness
of this pilot program. The Contractor will conduct an outcome evaluation of the Whatcom County Offender
Re -Entry Housing Program, which will assess the effectiveness and results of the pilot program.
Statement of Work
In conducting the outcome evaluation of this program, the Contractor will:
■ Collect and analyze project background data, including, but not limited to, project descriptions, the
contract with Pioneer Human Services for implementation and operation of the project, and existing
data collection tools.
■ Convene an evaluation planning team consisting of Whatcom County Health Department staff, Pioneer
Human Services staff, Whatcom County Jail staff, and Washington State Department of Corrections
staff to refine the program outcomes identified by County staff, develop corresponding indicators, and
identify data collection methods and strategies.
■ Finalize an evaluation plan for the outcome evaluation, to be submitted to the County for review and
feedback.
■ Consult with the Whatcom Homeless Service Center regarding obtaining available Homeless
Management Information System (HMIS) data.
■ Conduct data collection activities, including, but not limited to, HMIS data, Pioneer Human Services
data, and in -state criminal records of participants.
■ Analyze data collected.
■ Provide an interim report of evaluation findings by August 31, 2010 and a final report by December 31,
2011.
■ Make an annual presentation of findings to the Whatcom County Housing Advisory Committee, as
requested.
■ Provide informal, intermediate feedback on the outcome evaluation findings to the County.
■ Comply with the Special Conditions contained in Exhibit "C."
Whatcom County hereby grants permission to the Contractor to subcontract with Washington State Institute
for Public Policy for participant criminal history data relating to recidivism rates per Section 30.2,
Assignment and Subcontracting of the Contract for Services Agreement.
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval Page 8
130
EXHIBIT "B"
COMPENSATION
The source of funding for this contract, in an amount not to exceed $19,800.00, is Homeless Grant
Assistance Project funding from the Washington State Department of Commerce.
The budget for the project will be as follows:
Activity
Unit Cost
Budget
Start-up/Development
14 hours
$1,400
Data collection tool development, data collection,
and HMIS data collection consultation
16 hours
$1,600
HMIS data check
8 hours
$800
Data development with Washington State Institute
for Public Policy
8 hours
$800
Interim data analysis
40 hours
$4,000
Interim report preparation and presentation
24 hours
$2,400
Bi-month)project/data maintenance
14 hours
$1,400
Final data analysis
40 hours
$4,000
Final report preparation and presentation
24 hours
$2,400
Data contract with Washington State Institute for
Public Policy
$1,000
$1,000
TOTAL
$19,800
The rates established above include compensation for travel and all other Contractor expenses. Contractor
professional evaluation staff will be compensated at a rate of $100/hour.
Funds may be shifted among the line items shown above in an amount up to 10% of the total contract
amount.
Invoicing
The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County.
Monthly invoices rnust be submitted by the 15th business day of the month following the month of
service. Invoices submitted for payment must include an itemized description of project activities, the
number of hours associated with each activity, and associated deliverables (e.g., interim and final
reports).
2. The Contractor shall submit invoices to (include contract #):
Gail de.Hoog, Housing Program Specialist
Whatcom County Health Department
509 Girard St.
Bellingham, WA 98225
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 9
131
3. Payment by the County will be considered timely if it is made within 30 days of the receipt and
acceptance of billing information from Contractor. The County may withhold payment of an invoice if
the Contractor submits it more than 30 days after the expiration of this contract.
4. Invoices must include the following statement, with an authorized signature and date:
I certify that the materials have been furnished, the services rendered, or the labor performed as
described on this invoice.
5. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for
services performed or provided under this contract, and the County shall not pay the Contractor, if the
Contractor has been or will be paid by any other source, including grants, for those costs used to
perform or provide the services in this contract. The Contractor is responsible for any audit exceptions
or disallowed amounts paid as a result of this contract.
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 10
132
EXHIBIT "C"
SPECIAL CONDITIONS
A. Financial Management Systems and Records
The Contractor's financial systems shall contain the following:
1. Accurate, current, and complete disclosure of the financial results of the contract.
2. Records that identify the source and application of funds.
3. Control over and accountability for all funds, property, and other assets.
4. Comparison of actual outlays with the budgeted amount for the contract.
5. Procedures for determining reasonableness, allocability, and allowability of costs.
6. Accounting records that are supported by source documentation.
7. A system for timely and appropriate resolution of audit findings and recommendations.
8. Procedures that minimize the time elapsing between the transfer of funds from the County and
their disbursement by the Contractor.
If the Contractor's systems do not meet these standards, the Contractor shall maintain a separate bank
account for funds provided under this contract.
The Contractor must maintain copies of all reimbursement requests and backup documentation. The
Contractor must maintain records that disclose all costs charged to this contract.
B. Access to Documents and Records
The Contractor shall maintain books, records, documents, and other evidence of accounting procedures
and service delivery policies and practices that are sufficient to permit the preparation of reports required by
the federal funding agency or the state of Washington, and to permit the tracking of funds to a level of
expenditure adequate to ensure that the funds have been spent in accordance with federal and state laws,
regulations, policies, procedures, and this contract. These records shall be subject at all reasonable hours
to inspection, review, or audit by the County, CTED, the Office of the State Auditor, and federal and state
officials so authorized by law.
The Contractor shall provide access to its facilities and personnel at all reasonable times in order to monitor
and evaluate performance, compliance, and quality assurance under this contract.
C. Records Retention
The Contractor shall:
Retain all financial, statistical, property, materials inventory, supplies, participant records, and
supporting documentation relevant to this contract for a period of six (6) years from the termination
of the contract; and
Retain records for non -expendable property for a period of six (6) years after final disposition of the
property; and
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval
Page 11
133
■ If any litigation, bankruptcy, or audit is begun, or if a claim is instituted involving the contract or
agreement covered by the records, retain the related records until the litigation, audit, or claim has
been finally resolved.
D. Ownership of Project Materials
All finished or unfinished documents, data, studies, surveys, drawings, models, photographs, films,
duplicating plates, computer disks, and reports prepared by the Contractor under this contract shall be for
the common use of both the Contractor and CTED. CTED may duplicate, use, and disclose in any manner
and for any purpose whatsoever, all materials prepared under this contract.
The Contractor shall have prior written approval of CTED to produce patents, patent rights, inventions,
original books, manuals, films, or other patentable or copyrightable materials, in whole or part with funds
received under this contract. CTED reserves the right to determine whether protection of inventions or
discoveries shall be disposed of and administered in order to protect the public interest. Before the
Contractor copyrights any materials produced with funds under this contract, CTED reserves the right to
negotiate a reasonable royalty fee and agreement.
E. Documents on File
Documents consistent with federal and state regulations, as applicable, shall be kept on file in the office of
the local agency and available for review. Such documents shall include, but not be limited to:
■ Articles of Incorporation
■ By -Laws
■ IRS Nonprofit Status Certification
■ Latest Agency Audit
■ Insurance and Bonding Policies Required by the Contract
■ Personnel Policies
■ Job Descriptions
■ Organizational Chart
■ Travel Policies
■ Fiscal Management Policies
■ Location of handicap accessible facilities and services for homeless families with special needs
■ Provision for bilingual public contact employees as appropriate
F. Acknowledgement of State Funding
Publications such as reports and pamphlets that are developed totally or in part with CTED funds must give
credit to the funding source by including the following: "Funds made available through the Department of
Community, Trade and Economic Development, State of Washington."
Contract for Services Agreement
HL_091809_NWRA HGAP II Eval Page 12
134
AQQRQCERTIFICATE. JF LIABILITY INSURANCt 11/24i 008
PRODUC-e,' (42S)827-7400 FAX (425)8z7-7402 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
fkcDOnal d Insurance Group Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
416 6th St S HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 3089
Kirkland, WA 98083-3089 INSURERS AFFORDING COVERAGE NAIL@
INSURED Northwest Resource Associates DISURERA American Alternative Ins Corp
Attn: Sue Bennett INSURERB: Hartford Fire Ins Co 19682
600 Stewart Street #1313 INSURERC: National Ins Professional Corp
Seattle, WA 98101 INSURER0:
INSURER E:
i.r�.rCn wn_r�
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.R
TYPE OF INSURANCE
POLICYNUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
uyrTs
GENERALLueruTY
99A2GL0000183-01
11/17/2008
11/17/2009
EACH OCCURRENCE
s 11000,00
X COMMERCIALGENERAL LIABILITY ,
DAMAGE TO RENTED
S 100,000
CLAIMS MADE I OCCUR
LIED EXP (Arty one person)
S S OO
A
PERSONAL G ADV INJURY
S 1,000,00(
GENERAL AGGREGATE
IS 3,000,00
GEN L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
S 3,000,00(
X POLICY ACT LOC '
AUTOMOBILE LIABILITY
ANY AUTO
52UECUR6942
11/17/2008
11/17/2009
COMBINED SINGLE LIMIT
Ma aeddem)
S
1,000,000
BODILY INJURY
(Pal pe,so„)
$
B
ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
X NON OWNEO AUTOS
BODILY INJURY
(Per ac°dent)
S
PROPERTY DAMAGE
(Par acddem)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EAACC
AUTO ONLY: AGG .
$
ANY AUTO
S
EXCESSAIMBRELLALIADII
99A2FF0000374-01
11/17/2008
11/17/2009
EACH OCCURRENCE
S 3,000,06(
OCCUR FX CLAMS MADE
AGGREGATE
$ 3,000,00(
C
S
S
DEDUCTIBLE
S
RETENTION S
iWhv"XX;
99A2GL0000183-01
11/17/2009
11/17/7009
wcsTATu I X orl+
IWTF; EEL
A
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
M yyes, daun
SPECVd.esPROibeVISIOdefNS below
E.L. EACH ACCIDENT
S 1, 000, OO
E,L DISEASE - EA EMPLOY
$ 1,000,00C
E.L. DISEASE •POLICY LIMIT
I S
C
rolpessional Liability
99AZPL00001S6-01
11/17/2008
11/17/2009
$1,000,000 Each Claim
$3,000,000 Aggregate
S2,SOO Deductible
DESCRIPJION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AIDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is named additional insured with respects to the operations of the named insured
per form CGLOOOS, attached.
Whatcom County Health Department
S09 Girard Street
Bellingham, WA 98225
ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
AUTHORIZED REPRESENTATIVE
Rob Diamond/KATHY
@ACORD CORPORATION 1988
135
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB 2 0 0 9- 3 5 3
CLEARANCES
Initial
Date
Date Received in Council O ace
Agenda Date
Assigned to:
Originator:
mg
8/2I/09
E C V D
SEP fl; �009
9/15/09
consent/cncl
Division Head:
Dept. Head:
WHATCOM COUNTY
Prosecutor:
G
COUNCIL
Purchasing/Budget:
Executive:
^3
TITLE OF DOCUMENT:
U.S. Department of Agriculture, Forest Service Mt.. Baker-Snoqualmie National Forest 09-LE-11060500-040
ATTACHMENTS. Two copies of the Cooperative Law Enforcement Agreement 09-LE-11060500-040
between Whatcom County Sheriffs Department and U.S. Department of Agriculture, Forest Service Mt.
Baker-Snoqualmie National Forest
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.)
To provide services for the US Forest Service in the Mt. Baker —Snoqualmie-1ational Forest during the period of
October 1, 2008 — December 31, 2009.
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.
136
6lerl-IATCOM COUNTY
SHERIFF'S OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
MEMORANDUM
TO: Pete Kremen, Coun Exe e
FROM: Bill Elfo, Sheriff l
RE: US Forest Service Contract 09-LE-11060500-040
DATE: August 21, 2009
CAREY DAMES
UNDERSHERIFF
JEFF PARKS
CHIEF DEPUTY
ART EDGE
CHIEF DEPUTY
STEVE COOLEY
CHIEFINSPECTOR
WENDY JONES
CHIEF OF CORRECTIONS
AH 27 2009
PETEKPIOVEN
Enclosed are two (2) originals between Whatcom County Sheriff's Office and the United
States Department of Agriculture, Forest Service Mt. Baker-Snoqualmie National Forest for
your review and signature.
■ Background and Purpose
To provide a Whatcom County Deputy Sheriff to patrol the Mt. Bake r-Snoqualmie
National Forest.
■ Funding Amount and Source
$80,625.00. The source of -the funding comes from the United States Department of
Agriculture.
■ Differences from Previous Contract
This contract is for fifteen months (October 1, 2008 — December 31, 2009.
Please contact Undersheriff James at 50423, if you have any questions or concerns
regarding the terms of this agreement,
Encl.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safel.37
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
'�'0050R0 it
Originating Department:
Whatcom County Sheriff's Office
Contract Administrator:
Marvette Gwinner
Contractor's /A enc Name:
USDAForest Servie Mt. Baker-Sno ualmie Natioaal Forest
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No Yes _ No If yes, previous number(s):
Is this a grant agreement?
Yes X 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
If a Professional Services Agreement is more than $15, 000 or a Bid is
amt and any prior amendments)
more than $35, 000, please submit an Agenda Bill for Council
$_80, 625.00
approval and a supporting memo. Any amendment that provides
This Amendment Amount:
either a 10% increase in amount or more than $10, 000, whichever is
$
greater, must also go to Council and will need an agenda bill and
supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
$ 80, 625.00
Executive with supporting memo for approval.
Scope of Services
[Insert language from contract (Exhibit A) or summarize; expand space as
necessary]
To provide a Whatcom County Deputy to patrol the Mt. Baker-Snoqualmie
National Forest.
Term of Contract: October 1, 2008
Expiration Date: December 31, 2009
Contract Routine Steps & Sienoff.' /•sign or initial/ [indicate date transmitted
1. Prepared by: mg
Date 8121109 [electronic]
2. Attorney reviewed:Date
, [electronic]
�oa
3. AS Finance reviewed: �.���,1
Date 0 z,6 electronic]
4. IT reviewed if IT related
Date _ [electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signof. .
Date
7. Contractor signed:
Date
8. Submitted to Exec Office ✓
Dale fj-a7'O5 [summary via electronic; hardcopies]
9. Reviewed by DCA
Date
10. Council approved (if necessary)
Date
11. Executive signed:
Date
12. Contractor Original
13. Returned to dept;
Date
14. County Original
to Council
Date this form may need to expand to more than one page
138
COUNTY ORIGINAL wHATcoM COUNTY'
CONTRACT NO.
aoo9090 I
COOPERATIVE LAW ENFORCEMENT AGREEMENT
09-LE-11060500-040
between
WHATCOM COUNTY SHERIFF'S DEPARTMENT
and
U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE
MT. BAKER-SNOQUALMIE NATIONAL FOREST
This Cooperative Law Enforcement Agreement (agreement) is entered into by and between the Whatcom
County Sheriffs Department, hereinafter referred to as Whatcom County, or the Cooperator, and the United
States Department of Agriculture, Forest Service, Mt. Baker-Snoqualmie National Forest, hereinafter referred
to as the Forest Service, under the provisions of the Cooperative Law Enforcement Act of August 10, 1971,
P.L. 92-82. 16 U.S.C. 551a.
Background: The parties to this agreement recognize that public use of National Forest System lands (NFS
lands) is usually located in areas that are remote or sparsely populated. The parties also recognize that the
enforcement of State and local law is related to the administration and regulation of NFS lands and the
Cooperator has a limited amount of financing to meet their responsibility of enforcing these laws.
I. PURPOSE:
The purpose of this agreement is to document a cooperative effort between the parties to enhance State
and local law enforcement in connection with activities on NFS lands and provide for reimbursement to
the Cooperator for the intensified portion of this effort.
In consideration of the above premises, the parties agree as follows:
II. THE COOPERATOR SHALL:
A. Perform in accordance with the approved and hereby incorporated annual Financial and Operating
Plan (Operating Plan).
B. Ensure that the officers/agents of the Cooperator performing law enforcement activities under this
agreement meet the same standards of training required of the officers/agents in their jurisdiction, or
the State Peace Officers Standards of Training where they exist.
C. Provide uniformed officers/agents with marked vehicles to perform all activities unless agreed to
otherwise in the Operating Plan.
D. Advise the Forest Service Principal Contact, listed in Provision IV-B, of any suspected criminal
activities in connection with activities on NFS lands.
E. Upon the request of the Forest Service, dispatch additional deputies within manpower capabilities
during extraordinary situations as described in Provision IV -I.
F. Furnish their tax identification number upon execution of this agreement pursuant to the Debt
Collection Improvement Act of 1996, as amended by Public Law 104-134. The Cooperator also
agrees that notice of the Forest Service's intent to use such number for purposes of collecting and
reporting on any delinquent amounts arising out of such Cooperator's relationship with the
Government, has hereby been given.
139
Agreement No. 09-LE-11060500-040
G. Complete and furnish the Forest Service with Form FS-5300-5, Cooperative Law Enforcement
Activity Report, identifying the number of crimes occurring on NFS lands. The report shall follow
the FBI Uniform Crime Reporting groupings, Part I and Part II offenses. Offenses and arrest
information shall be combined and reported for each crime. This report shall separate the crimes
handled under this agreement from those handled by the Cooperator during regular duties.
H. Provide the Forest Service Principal Contact, listed in Provision IV-B, with case reports and timely
information relating to incidents/crimes in connection with activities on NFS lands.
I. Bill the Forest Service for the Cooperator's actual costs incurred to date, displayed by separate cost
elements, excluding any previous Forest Service payment(s) made to the date of the invoice, not to
exceed the dollar amount(s) shown, in accordance with the Operating Plan. Billing frequency will be
as specified in the Operating Plan.
J. Give the Forest Service or Comptroller General, through any authorized representative, access to and
the right to examine all records related to this agreement. As used in this provision, "records"
includes books, documents, accounting procedures and practices, and other data, regardless of type
and regardless of whether such items are in written form, in the form of computer data, or in any other
form.
K. Comply with all applicable federal statutes relating to nondiscrimination. This includes all
applicable requirements of all other Federal laws, Executive orders, regulations, and policies.
These include but are not limited to Sections 119 and 504 of the Rehabilitation Act of 1973
as amended, which prohibits discrimination on the basis of race, color, religion, sex, age,
national origin, marital status, familial status, sexual orientation, participation in any public
assistance program, or disability.
III. THE FOREST SERVICE SHALL:
A. Perform in accordance with the attached Operating Plan.
B. Reimburse the Cooperator for actual expenses incurred, not to exceed the amount shown in the
Operating Plan. The Forest Service will make payment for project costs upon receipt of an invoice.
Each correct invoice shall display the Cooperator's actual expenditures to date of the invoice,
displayed by separate cost elements as documented in the Operating Plan, less any previous Forest
Service payments. Each invoice shall include, at a minimum:
1. Cooperator name, address, and telephone number
2. Forest Service agreement number
3. Invoice date
4. Performance dates of the work completed (start & end)
5. Total invoice amount for the billing period
6. Statement that the invoice is a request for payment by `reimbursement'
7. Invoice Number, if applicable
Page 2 of 7
140
Agreement No. 09-LE-11060500-040
The invoice should be forwarded as follows:
Submit original invoice(s) for payment
to:
U.S. Forest Service
Albuquerque Service Center
Payments - Grants & Agreements
101B Sun Avenue NE
Albuquerque, NM 87109
FAX: (877) 687-4894
Send copy to:
Captain John Klaasen
USDA Forest Service
Olympic National Forest
1835 Black Lake Blvd. SW, Suite A
Olympia, WA 98512
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE
PARTIES THAT:
A. The parties will make themselves available, when necessary, to: provide for continuing consultation,
exchange information, aid in training and mutual support, discuss the conditions covered by this
agreement and agree to actions essential to fulfill its purposes.
B. The principal contacts for this agreement are:
Forest Service Contact
John Klaasen
Patrol Captain
Olympic National Forest
1835 Black Lake Blvd. SW, Ste. A
Olympia, WA 98512
Phone: 360-956-2262
FAX: 360-956-2330
E-Mail: jklaasen a)fs.fed.us
Forest Service Admin. Contact
Deborah Larsen
Law Enforcement Assistant
Olympic National Forest
1835 Black lake Blvd. SW, Ste. A
Olympia, WA 98512
Phone: 360-956-2464
FAX: 360-956-2330
E-Mail: dlarsengfs.fed.us
Cooperator Contact
Bill Elfo
Whatcom County Sheriff
Public Safety Building
311 Grand Avenue
Bellingham, WA 98225
Phone: 360-676-6650
FAX: 360-738-2494
E-Mail: belfo&o.whatcom.wa.us
Cooperator Admin. Contact
Carey James
Undersheriff
Whatcom County Public Safety Building
311 Grand Avenue
Bellingham, WA 98225
Phone: 360-676-6650
FAX: 360-738-2494
E-Mail: ejames@co.whatcom.wa.us
C. This agreement has no effect upon the Cooperator's right to exercise civil and criminal jurisdiction, on
NFS lands, nor does this agreement have any effect upon the responsibility of the Forest Service for
the enforcement of federal laws and regulations relative to NFS lands.
Page 3 of 7
141
Agreement No. 09-LE-11060500-040
D. Any Operating Plan added to this agreement will be jointly prepared and agreed to by the parties.
The Operating Plan shall at a minimum contain:
1. Specific language stating that the Operating Plan is being added to this agreement, thereby
subjecting it to the terms of this agreement.
2. Specific beginning and ending dates.
3. Bilateral execution prior to any purchase or the performance of any work for which
reimbursement is to be made.
4. Specify any training, equipment purchases, and enforcement activities to be provided and agreed -
upon rates for reimbursement including the maximum total amount(s) for reimbursement.
5. An estimate of the useful life of any equipment purchased under this agreement as required by
Provision IV-J.
6. Billing frequency requirement(s).
7. Designation of specific individuals and alternate(s) to make or receive requests for enforcement
activities under this agreement.
8. A review and signature of a Forest Service Agreements Specialist.
E. Nothing in this agreement obligates either party to accept or offer any Operating Plan under this
agreement.
F. The officers/agents of the Cooperator performing law enforcement activities under this agreement are,
and shall remain, under the supervision, authority, and responsibility of the Cooperator. Law
enforcement provided by the Cooperator and its employees shall not be considered as coming within
the scope of federal employment and none of the benefits of federal employment shall be conferred
under this agreement.
G. Federal Communication Commission procedures will be followed when operating radio(s) on either
party's frequency.
H. Reimbursable Cooperator enforcement expenses must be: listed in an approved Operating Plan;
expended in connection with activities on NFS lands; and expenses beyond those which the
Cooperator is normally able to provide.
I. During extraordinary situations such as, but not limited to: fire emergency, drug enforcement
activities, or certain group gatherings, the Forest Service may request the Cooperator to provide
additional special enforcement activities. The Forest Service will reimburse the Cooperator for only
the additional activities requested and not for activities that are regularly performed by the
Cooperator.
J. Reimbursement may include the costs incurred by the Cooperator in equipping or training its
officers/agents to perform the additional law enforcement activities authorized by this agreement.
Unless specified otherwise in the Operating Plan, reimbursement for equipment and training will be
limited to a pro rata share based on the percentage of time an officer/agent spends or equipment is
used under this agreement.
Page 4 of 7
142
Agreement No. 09-LE-11060500-040
When reimbursement for items such as radios, radar equipment, and boats is being contemplated,
reimbursement for leasing of such equipment should be considered. If Cooperator or Forest Service
equipment purchases are approved in the Operating Plan, an estimate of the useful life of such
equipment shall be included. When purchased, equipment use rates shall include only operation and
maintenance costs and will exclude depreciation and replacement costs. Whether the Cooperator is
reimbursed for lease/purchase costs, or the Forest Service purchases and transfers the equipment, the
total cost for the equipment cannot exceed the major portion of the total cost of the Operating Plan,
unless approved by all parties in the agreement and shown in the Operating Plan.
When the Forest Service provides equipment, the transfer shall be documented on an approved
property transfer form (AD-107) or equivalent. Title shall remain with the Forest Service, however,
the Cooperator shall ensure adequate safeguards and controls exist to protect loss or theft. The
Cooperator shall be financially responsible for any loss at original acquisition cost less depreciation at
the termination of the agreement. The Cooperator is responsible for all operating and maintenance
costs for equipment that the Forest Service has reimbursed the Cooperator for and/or transferred to
the Cooperator under the AD-107 process or equivalent.
K. Equipment and supplies approved for purchase under this agreement are available only for use as
authorized. The Forest Service reserves the right to transfer title to the Forest Service of equipment
and supplies, with a current per -unit fair market value in excess of $5,000.00, purchased by the
Cooperator using any Federal funding. Upon expiration of this agreement, the Cooperator shall
forward an equipment and supply inventory to the Forest Service, listing all,equipment purchased
throughout the life of the project and unused supplies. The Forest Service will issue disposition
instructions within 120 calendar days.
L. When no equipment or supplies are approved for purchase under an Operating Plan, Forest
Service funding under this agreement is not available for reimbursement of Cooperator
purchase of equipment or supplies.
M. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to the Cooperator in excess
of the amount to which the Cooperator is finally determined to be entitled under the terms and
conditions of the award constitute a debt to the Federal Government. If not paid within a reasonable
period after the demand for payment, the Federal awarding agency may reduce the debt by:
1. Making an administrative offset against other requests for reimbursements.
2. Withholding advance payments otherwise due the Cooperator.
3. Taking other action permitted by statute.
Except as otherwise provided by law, the Federal awarding agency shall charge interest on an
overdue debt in accordance with 4 CFR, Chapter II "Federal Claims Collection Standards" and 31
U.S.C., Chapter 37.
N. Modifications within the scope of the agreement shall be made by mutual consent of the parties, by
the issuance of a written modification, signed and dated by both parties, prior to any changes being
performed. The Forest Service is not obligated to fund any changes not properly approved in
advance.
O. Execution of this agreement terminates Cooperative Law Enforcement Agreements No. 04-LE-
11060500-018 executed between the parties on April 22, 2004.
P. Either party, in writing, may terminate this agreement in whole, or in part, at any time before the date
of expiration. Neither party shall incur any new obligations for the terminated portion of this
Page 5 of 7
143
Agreement No. 09-LE-11060500-040
agreement after the effective date and shall cancel as many obligations as is possible. Full credit shall
be allowed for each party's expenses and all non -cancelable obligations properly incurred up to the
effective date of termination.
Q. This agreement in no way restricts the Forest Service or the Cooperator from participating in similar
activities with other public or private agencies, organizations, and individuals.
R. Any information furnished to the Forest Service under this agreement is subject to the Freedom of
Information Act (5 U.S.C. 552).
S. This agreement is executed as of the date of the last signature and, unless sooner terminated, is
effective through five years after the date of execution, at which time it will expire.
T. By signature below, the cooperator certifies that the individuals listed in this document as
representatives of the cooperator are authorized to act in their respective areas for matters related to
this agreement.
In witness whereof, the parties hereto have executed this agreement as of the last date written below.
WHATCOM COUNTY
SHERIFF'S DEPARTMENT
-a
JB EL O DATE
Sh
WHATCOM COUNTY
PETE KREMEN DATE
Whatcom County Executive
WHATCOM COUNTY
Notary Public in and for DATE
The State of Washington
Residing in
USDA FOREST SERVICE
MT. BAKER-SNOQUALMIE NATIONAL
FOREST
Y. ROBERT IWAMOTO DATE
Forest Supervisor
USDA FOREST SERVICE
Page 6 of 7
144
Agreement No. 09-LE-11060500-040
WHATCOM COUNTY
RANDAL TTS TE
Chief Civil Depul Prosecutor
Attachment: 2009 Financial and Operating Plan
The authority and format of this instrument have
been reviewed and approved for signature.
COLLEEN BROWER DATE
FS Grants and Agreements Specialist
Page 7 of 7
145
ATTACHMENT
COOPERATIVE LAW ENFORCEMENT AGREEMENT
NO.09-LE-11060500-040
between
WHATCOM COUNTY SHERIFF'S DEPARTMENT
and
U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE
MT. BAKER -SNOQUALMIE NATIONAL FOREST
2009 FINANCIAL AND OPERATING PLAN
This Annual Financial and Operating Plan (Operating Plan), is hereby made and entered into by and between
Whatcom County Sheriffs Department, hereinafter referred to as Whatcom County, or the Cooperator, and the
United States Department of Agriculture, Mt. Baker-Snoqualmie National Forest, hereinafter referred to as the
Forest Service.
This Operating Plan is for the period beginning October 1, 2008, through December 31, 2009.
I. GENERAL:
A. The following individuals shall be the designated and alternate representative(s) of each party, so
designated, to make or receive requests for special enforcement activities:
Designated Representatives:
Forest Service Representative
John Klaasen
Captain, NWWZ
USDA Forest Service LEI
1835 Black Lake Blvd. SW Suite A
Olympia, WA 98512
Phone: (360) 956-2262
FAX: (360) 956-2265
E-Mail: jklaasen e,fs.fed.us
Alternate Representatives:
Forest Service Representative
Deborah Larsen
Law Enforcement Assistant
USDA Forest Service LEI,
1835 Black Lake Blvd SW
Olympia, WA 98512
Phone: (360) 956-2464
FAX: (360) 956-2265
E-Mail: dlarsen@fs.fed.us
Cooperator Representative
Bill Elfo
Sheriff
Whatcom County Sheriff's Office
311 Grand Avenue
Bellingham, WA 98225
Phone: (360) 676-6650
FAX: (360) 738-2494
E-Mail: belfo@co.whatcom.wa.us
Cooperator Representative
Carey James
Undersheriff
Whatcom County
311 Grand Avenue
Bellingham, WA 98225
Phone: (360) 676-6650
FAX: (360) 738-2494
E-Mail: cjanies@,co.whatcom.wa.us
146
Attachment to Cooperative Law Enforcement Agreement 09-LE-11060500-040
B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically
stated otherwise:
Cooperator provided full-time Deputy from October 1, 2008, through December 31, 2009, at a rate of
$65.00 per hour (includes wages, benefits, vehicle costs, administrative costs) plus overtime, not to
exceed $80,625.00.
C. Funds in the amount of $80,625.00 are currently available for performance of this instrument through
December 31, 2009. The Forest Service's obligation for performance of this instrument beyond this
date is contingent upon the availability of appropriated funds from which payment can be made. No
legal liability on the part of the Forest Service for any payment may arise for performance under this
instrument beyond December 31, 2009, until funds are made available to the Forest Service for
performance and until the Cooperator receives notice of availability by written modification by the
Forest Service.
After December 31, 2009, any remaining funds from the 2009 Financial and Operating Plan will
become unavailable and will be de -obligated by the Forest Service.
II. PATROL ACTIVITIES:
A. Patrol schedules will be flexible to allow for emergencies, other priorities, and meeting day-to-day
needs of both the Cooperator and the Forest Service. Cooperator will provide a full-time Deputy from
October 1, 2008, through December 31, 2009, whose primary assignment is the Mt. Baker-Snoqualmie
National Forest inside the boundaries of Whatcom County, Washington, with particular attention given
to those places utilized by the visiting public such as administered recreation sites, dispersed recreation
sites, buildings and boat launching facilities.
B. Specific workdays and core hours on the ground will be determined by the Cooperator with
concurrence by the Forest Service. This schedule will be provided to the Forest Service at least 5 days
prior to the schedule taking effect. It is expected that there will be five patrol days per week to (include
Saturday, Sunday and holidays) on National Forest Lands, for the period of the agreement, or until such
time as funding is exhausted.
C. Within staffing capabilities, additional Deputies shall be dispatched to unforeseen situations upon
request of the Forest Service.
D. Whatcom County will assign one full-time officer with a fully equipped and marked Whatcom
County Sheriff's Office vehicle, suitable for patrol of forest areas.
E. Ample time will be spent in each area to make Forest users aware that law enforcement officers are in
the vicinity. Timely reports and/or information relating to incidents or crimes that have occurred on
NFS lands should be provided to the Forest Service as soon as possible.
F. Any known or reported incidents including contacts, investigations, citations, custodies, searches, etc.,
occurring on NFS lands shall be documented on USDA Forest Service Form FS-5300-1, Incident
Report. The Forest Service will supply Cooperator with these forms which will be forwarded quarterly,
to the attention of Captain John Klaasen.
G. Assigned Deputies will complete Daily Activity Reports denoting hours worked, location and type of
activity to assure patrols are consistent with Agreement priorities. This documentation should be
submitted with reimbursement requests.
Page 2 of 6
147
Attachment to Cooperative Law Enforcement Agreement 09-LE-11060500-040
H. A completed Form FS 5300-5, Cooperative Law Enforcement Activity Report, shall be furnished to the
Forest Service on a quarterly basis, identifying the number of crimes occurring on NFS lands.
The report shall follow the FBI Uniform Crime Reporting Groupings, Part I and II Offenses.
Offense and arrest information shall be combined and reported for each crime. The report shall separate
the crimes handled under the cooperative agreement from those handled by the County during regular
duties.
A copy of each motor vehicle collision report occurring on NFS lands and roads, including photos of
the crash site depicting all vehicles involved, any property damage, road conditions and applicable road
signs shall be provided to the Forest Service. All motor vehicle accidents shall be reported by phone to
the local Forest Service Law Enforcement Officer as soon as possible.
I. Cooperator shall notify the Forest Service as soon as possible of all search and rescues occurring on
NFS lands. Deputies assigned to this agreement can perform preliminary search and rescue duties, but
Cooperator shall furnish another Deputy for lengthy missions.
J. Patrols should be variable and Deputies should plan routes making them more visible after sunset,
especially during peak use months (generally May through September). Cooperators may be asked to
provide more Deputies for large law enforcement incidents (raves, parties, gatherings, etc.) as needed.
COOPERATIVE PATROL AREAS:
Patrol all roads in the Mt. Baker-Snoqualmie National Forest that are located within the boundaries of
Whatcom County, Washington including:
1. Campgrounds, trailheads, developed recreation sites and dispersed areas.
2. Active logging and firewood cutting areas.
3. Unplanned seasonal special emphasis areas.
K. ENFORCEMENT PRIORITIES L =high, 3=lowZ
1 - Personal safety of visitors.
1 - Personal safety of Forest Service employees.
1 - Personal safety of concessionaire employees.
1 - Vehicle crashes and collisions.
1 - Drug and alcohol violations.
1 - Building and facility security (US Forest Service or concessionaire).
2 - Vandalism and theft prevention.
2 - Unauthorized entry into administrative closure areas.
2 — Litter and sanitation violations.
2 - Protection of resources and lakeshores.
2 - Protection of Forest Service and concessionaire funds.
3 — Hunting and fishing violations.
3 - Private property protection and investigations.
3 - Information and guidance.
Page 3 of 6
148
Attachment to Cooperative Law Enforcement Agreement 09-LE-11060500-040
L. PRIORITY PATROL TIMES ( 1=high; 7=low):
1. Holidays
2. Weekends
3. Fridays
4. Mondays
5. Thursdays
6. Wednesdays
7. Tuesdays
Total reimbursement for this category shall not exceed the amount of: $80,625.00
III. EQUIPMENT:
See Cooperative Law Enforcement Agreement Provisions IV-J, IV-K and IV-L for additional information.
A. The Forest Service shall loan Whatcom County one portable radio and one mobile radio for
communication purposes.
B. Whatcom County will be responsible for the installation and maintenance of radio equipment. In the
event this agreement is cancelled, the radios will be returned to the Forest Service.
IV. SPECIAL ENFORCEMENT SITUATIONS:
A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement,
and certain Group Gatherings.
B. Funds available for special enforcement situations vary greatly from year to year and must be
specifically requested and approved prior to any reimbursement being authorized. Requests for funds
should be made to the Forest Service designated representative listed in Item I -A of this Operating Plan,
except as noted in Section IV-13-2. The designated representative will then notify the Cooperator
whether funds will be authorized for reimbursement. If funds are authorized for situations other than
fire emergencies, the parties will prepare a revised Operating Plan.
1. Drug Enforcement:
This will be handled on a case -by -case basis. The request will normally come from the Patrol
Captain; however it may come from the Special Agent in Charge or their designated representative.
Reimbursement shall be made at the rates specified in Section I-B. Deputies assigned to the incident
will coordinate all of their activities with the designated officer in charge of the incident.
2. Fire Emergency:
During emergency fire suppression situations and upon request by the Forest Service pursuant to an
incident resource order, the Cooperator agrees to provide special services beyond those provided under
Section 11-A, within the Cooperator's resource capabilities, for the enforcement of State and local laws
related to the protection of persons and their property. The Cooperator will be compensated at the rate
specified in Section I-B; the Forest Service will specify times and schedules. Upon concurrence of the
local Patrol Captain or their designated representative, an official from the Incident Management Team
Page 4of6
149
Attachment to Cooperative Law Enforcement Agreement 09-LE-11060500-040
assigned to the fire may make such a request and specify such times and schedules. Upon approval by
the Forest Service or Incident Management Team managing the incident, Cooperator personnel
assigned to an incident where meals are provided will be entitled to such meals.
3. Group Gatherings/Other Situations:
This includes but is not limited to situations which are normally unanticipated or which typically
include very short notice, large group gatherings such as rock concerts, demonstrations, and
organizational rendezvous. Upon authorization by a Forest Service representative listed in Section I -A
for requested services of this nature, reimbursement shall be made at the rates specified in Section I-B.
Deputies assigned to this type of incident will normally coordinate their activities with the designated
officer in charge of the incident.
C. Rates
The rates of reimbursement for special enforcement situations are specified in Section I-B.
D. Billing Documentation:
The billing for each incident shall include individual employee times and their agreement rate. Such
times will be documented on Crew Time Reports, shift tickets or other agreed upon form, and must be
approved by incident management personnel.
For billing done using procedures specified in Section IV-B-2, original documentation will be
maintained by the Forest Service in the appropriate fire documentation boxes or appropriate incident
management personnel; the Cooperator will maintain copies of all such documentation.
V. BILLING:
A. The Cooperator will submit invoices for reimbursement of -services provided under Section II of this
agreement monthly or quarterly, at the discretion of the Cooperator.
USDA Forest Service
Albuquerque Service Center
Payments -Grants and Agreements
101B Sun Ave NE
Albuquerque, NM 87109
Invoices may also be faxed to:
1-877-687-4894
FAX coversheet should be addressed to:
USDA Forest Service
ASC — Payments -Grants and Agreements
The Cooperator will prepare an itemized statement for each invoice submitted to the Albuquerque
Service Center. The statement will be in sufficient detail to allow the Forest Service to verify
expenditures authorized under Section II. The itemized statement for reimbursement will also include
the following information:
1. Areas patrolled and miles traveled on NFS lands.
2. Person -hours worked in NFS patrol areas.
Page 5 of 6
150
Attachment to Cooperative Law Enforcement Agreement 09-LE-11060500-040
3. Copies of completed Daily Activity Reports.
4. Copies of invoice submitted.
The statement should be sent to the following address:
USDA Forest Service, Law Enforcement & Investigations
Northwest Washington Zone
ATTN: Captain John Klaasen
1835 Black Lake Blvd. SW
Olympia, WA 98512
B. For reimbursement of services provided under Sections IV-B-1 and IV-B-3 of this agreement, billing
instructions will be specified in the revised Operating Plan.
C. For reimbursement of services provided under Section IV-13-2 of this agreement, the following billing
procedure will be used.
Incident management personnel will prepare an Emergency Use Invoice and, upon concurrence of the
Cooperator, will submit the invoice for payment along with all required documentation using normal
incident business procedures.
The designated representative, MIT official, or a designated forest incident business official, will
approve the invoice and submit to the Albuquerque Service Center, Incident Finance, for payment
along with a copy of the current Operating Plan.
D. The Cooperator will be listed and maintain currency in the Central Contractor Registration database
accessible through the internet at http://www.cer.gov. The Cooperator will notify the Forest Service of
any changes of their applicable account numbers or banking information to help ensure prompt
payment.
Page 6of6
151
WHATCOM CO UNTY CO UNCIL AGENDA BILL NO. AB 2 0 9 9 — 3 5 4
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
BB
911109
09/I5109
FinancelCouncil
Originator:
(�"
W ^ EE V E
Division Head:
SEP 0 $ 2009
Dept. Head:
WHATCOM COUNTY
S'
Prosecutor:
-61
COUNCIL
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT. Resolution to
se Veteran's Relief Fund to pay for part of the purchase of a new van.
ATTACHMENTS. Resolution, memo
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.)
Resolution to use Veteran's Relief Fund to pay for part of the purchase of a new van to be used to transport Disabled American
Veterans to the Seattle Veteran's Administration Medical Clinic
COMMITTEE ACTION:
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at: www.co.whatcom.wa.us/council.
152
WHATCOM COUNTY
Executive Office
Pete Kremen, County Executive
Whatcom County Courthouse
311 Grand Ave, Suite 108
Bellingham, WA 98225-4083
Pkremen@co.whatcom.wa.us
TO: Pete Kremen, County Executive
County Council
FROM: Dewey Desler, Director Administrative Services
DATE: September 2, 2009
Administrative Services
Dewey Desler, Director
Whatcom County Courthouse
311 Grand Avenue, Suite 108
Bellingham, WA 98225
ddesler@co.whatcom.wa.us
RE: Resolution authorizing the use of the Veterans Relief Fund to purchase a van.
■ Background and Purpose
Bellingham Chapter 19 of the Disabled Veterans (DAV) provides daily transport of veterans
from Bellingham to the Seattle Veteran's Administration Medical Clinic. The Whatcom County
Veteran's Advisory Committee is recommending and seeking approval from Whatcom County
to use $15,000 from the Veteran's Relief Fund to pay a portion of the cost for a new van. The
van would be used to provide transport veterans to medical facilities.
■ Funding Amount and Source
Funding amount needed for this contract is $15,000
The $15,000. is to be paid from the Veterans Relief Fund. Whatcom County would enter into
a contract with Bellingham Chapter 19 of the DAV for a contribution of $15,000 to be used for
the purchase of a new van. The contract would provide that should the DAV discontinue use
of the van for veteran's services that they shall sell the van and use a percentage of the
proceeds, equal to the percentage of the purchase price funded by the County, for services to
indigent Whatcom County Veterans.
■ 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.
153
SPONSORED BY: Consent
PROPOSED BY:
INTRODUCTION DATE: 9/15/09
RESOLUTION NO
COUNTY ASSISTANCE TO PURCHASE A VAN FOR THE PURPOSE OF TRANSPORTING
VETERANS TO THE VETERANS ADMINISTRATION MEDICAL CLINIC
WHEREAS, Bellingham Chapter 19 of the Disabled American Veterans (DAV) provides daily
transportation of veterans from Bellingham to the Seattle Veteran's Administration Medical Clinic;
and
WHEREAS, many veterans using this service qualify for assistance from the Whatcom
County Veterans Relief Fund; and
WHEREAS, DAV has requested $15,000 from the Veteran's Relief Fund to pay for part of
the purchase a new van; and
WHEREAS, The Whatcom County Veteran's Advisory Committee recommends Whatcom
County approve this request;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Executive is authorized
to enter into a contract with Bellingham Chapter 19 of the DAV for a contribution of $15,000 to be
used for the purchase of a new van. The $15,000 is to be paid from the Veterans Relief Fund. The
contract is to provide that the van is to be used to transport veterans to medical facilities. The
contract should further provide that if DAV discontinues using the van for veterans services, DAV
shall sell the van and use a percentage of the proceeds, equal to the percentage of the purchase
price funded by the county, for services to indigent Whatcom County Veterans.
APPROVED this dayof
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council Seth Fleetwood, Council Chair
APPROVED AS TO FORM:
Civil Deputy Pro utor
154
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-355
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
8/21/09
O 2
C� L� � V IE D
SEP O Q 20Ae
�_7 UUJ
9/15/09
Fin Cncl
Division Head:
Dept. Head:
WHATCOM COUNTY
COUNCIL
Prosecutor:
Purchasin /Bud et:
8/21 //09
Executive:�rA
1 �-3-ffl
TITLE OF DOCUMENT. Bid 09-49 Replace Courthouse Roof
ATTACHMENTS: Memos from Finance and Facilities Management
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.)
Facilities Management is requesting approval to award the bid and enter into a contract for the replacement of
the Courthouse roof. Four bids were received and Facilities would like to award to the low bidder, IVolan's
Roofing in the amount of $119,838.25. This is a planned project and funds were approved in supplemental
budget #9 AB2009-329.
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.
155
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Whatcom County Courthouse
311 Grand Avenue, Suite 108
Bellingham, WA 98225-4083
QDesler@co.whatcom.wa.us
DEWEY G. DESLER
Director
DATE: 21August 2009
�GoM C0L
A
0
TO: Pete Kremen, County Executive
FROM: Brad Bennett, AS Finance Manger
SUBJECT: Award of Bid 09-49 Replace Courthouse Roof
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite 503
Bellingham, WA 98225-4038
Finance@co.whatcom.wa. us
■ Background & Purpose
Bids were advertised for the replacement of the roof on the Courthouse. Four bids were
received on Tuesday July 28 and are noted below:
VOF. r
4.ASEID
:; S�4LSTtAX ;
NOTA�'a��I�E�� i.
Nolans Roofing
110,450.00
9,388.25
119,838.25
Pacific Tech Construction
196,735.00
16,722.48
213,457.48
H tech Roofing Inc.
276,354.00
23,481.59
299,735.59
Scholten Roofing
450,00.00
38,250.00
488,250.00
BRAD BENNETTr
Manager
Facilities Management is requesting approval to award the bid and to enter into a contract with
the low bidder, Nolan's Roofing for a total amount of $119,838.25.
■ Funding
The project had been approved in the current budget in budget supplemental #9 — AB2009-329
in the amount of $152,000.00.
concur with this recommendation.
AS Finance Manager
Approved as Recommended:
County Executive
Date of Council Approval
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) 738-45456
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
MEMO TO: Brad Bennett, Finance Manager
FROM: Michael Russell, Facilities Manager
DATE: August 18, 2009
FACILITIES MANAGEMENT
Lottie Street Annex
316 Lottie Street
Bellingham, WA 98225-4010
Facilities@co.whatcom.wa.us
MICHAEL RUSSELL
Facilities Manager
RE: Recommend to Accept Bid Award #09-49 — Replace Roof at the Whatcom County
Courthouse
On Tuesday, July 28, 2009 four bids were received in response to Whatcom County Bid #09-49,
Replace Roof at the Whatcom County Courthouse. The following bids were received:
✓ Nolans Roofing in the amount of. $119,838.25
✓ Pacific Tech Construction in the amount of: $213,457.48
✓ Hytech Roofing in the amount of. $299,735.59
✓ Scholten Roofing in the amount of: $488,250.00
Nolans Roofing met all of the required specifications for performing the work required for this
project. It is the recommendation of this office that the low bid submitted by Nolans Roofing be
accepted.
Funding for this project is provided from the approved budget supplemental 49 (AB2009-329) in
the amount of $152,000.00.
If you need additional information, please contact me at extension 50575.
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 T-Y (360) 738-455157
AB2009-356
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES
Initial
Date
Date Received. in Council Me,
A enda Date
Assi ned, to:
Originator.
8/28/09
D
SEP 0 2009
9/15/09_ ..
F.in cnci
Division Head:
Dept. Head:
WHATCOM COUNTY
1 COUNCIL
Prosecutor:
Purchasin /Bud et.:
8/28/09
Executive:
TITLE OF DOCUMENT: Bid 09-59 Lighthouse Marine Park Paving Project
ATTACHMENTS: Memos from Finance and Parks
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.)
The Parks & Recreation Department is requesting approval to award the bid and enter into a contract for the
repaving of the parking lot at Lighthouse Marine Park. Three bids were received and Parks would like to award
to the low bidder, HB Hansen Construction in the amount of $54,412.38. This is a planned REET II project and
funds were approved in the current budget in ASR 2009-4158.
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.
158
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Whatcom County Courthouse
311 Grand Avenue, Suite 108
Bellingham, WA 98225-4083
DDesle r@co.whatcom.wa. us
DEWEY G. DESLER
Director
DATE: 3 September 2009
Atom COG
A
f.
0
ESN I N G'C
TO:
Pete Kremen, County Executive
FROM:
Brad Bennett, AS Finance Manger
SLIBJECT:
Award of Bid 09-59 Lighthouse Marine Park Paving Project
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite 503
Bellingham, WA 98225-4038
Finance@co.whatcom.wa.us
BRAD BENNETT
Manager
■ Background & Purpose
Bids were advertised for the repaving of the parking lot at Lighthouse Marine Park. Three bids
were received on Wednesday August 26 and are noted below:
HB Hansen Construction
50,149.6
4,262.73
54,412.38
Award Construction
65,790.50
5,592.19
71,382.69
Ebenal General
81,190.00
8,819.96
88,009.96
The Park Department is. requesting approval to award the bid and to enter into a contract with
the low bidder, HB Hansen Construction for a total amount of $54,412.38.
■ Funding
The project had been approved in the current budget with funds in REET II, ASR 2009-.4158.
concur with this recommendation.
WNW
AS Finance Manager
Approved as Recommended:
County Executive
Date of Council Approval
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) 738-45-59
MEMO
TO: Brad Bennett, Finance Manager
FROM: Michael McFarlane, Director
DATE: August 27, 2009
RE: Recommend to Accept Bid Award #09-59, Parks — Lighthouse
Marine Park Pavement Restoration Project
On Wednesday, August 26, 2009 three bids were received in response to
Whatcom County Bid #09-59, Parks — Lighthouse Marine Park Pavement
Restoration Project.
HBHansen Construction Inc. met all of the required specifications for this work.
am recommending that the bid totaling $54,412.38, which includes 8.5%
Washington State Sales Tax, submitted by HBHansen Construction Inc. be
accepted.
Funding for this bid was approved in the current budget cycle with REET 2
funding through ASR 2009-4158, Resurfacing Lots at Lighthouse.
If you need additional information, please contact me at extension 32072.
160
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 30 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Birch Bay
6/24/2009
9 / 15 / 2009
Public Works/Coup
Division Head:
Dept. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Resolution approving the March 2009 Birch Bay Comp Water System Plan
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Birch Bay Water and Sewer District has submitted their March 2009 Comprehensive Water System Plan to the County for review and approval. Per
RCW 57.16.010 (6), all comprehensive water system plans must be either approved, conditionally approved, or rejected by the legislative authority of
the county in which the district is located.
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.
161
BBWS Water System Plan Approval
PROPOSED BY: Consent
SPONSORED BY: Consent
INTRODUCED: September iS, 2009
RESOLUTION NO.
APPROVING THE BIRCH BAY WATER AND SEWER DISTRICT
COMPREHENSIVE WATER SYSTEM PLAN
WHEREAS, on June 8, 2009, the Birch Bay Water and Sewer District submitted
a proposed Comprehensive Water System Plan, dated March 2009, to Whatcom County
for review and approval; and
WHEREAS, RCW 57.16.010(6) requires that all comprehensive water and
sewer system plans, and plan amendments, be either approved, conditionally
approved, or rejected by the legislative authority of the county in which the district
is located; and
WHEREAS, as required by RCW 57.16.010(6), the Whatcom County Health
Department and Whatcom County Public Works Engineering Division have reviewed the
proposed amendment and submitted letters of approval to the County Council; and
WHEREAS, the proposed amendment complies with the criteria 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 Birch Bay Water And Sewer District Comprehensive Water System Plan, dated
March 2009, is hereby approved as presented.
APPROVED this day of , 2009.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council Seth Fleetwood, Council Chair
APPROVED AS TO FORM:
Civil Deputy Prosecutor
162
WHATCOM COUNTY
Health Department
June 18, 2009
Rodney Langer, P.E.
CHS Engineers, LLC.
12507 Bel -Red Road, Suite 101
Bellevue, WA 980055-2500
Dear Mr. Langer,
;
Regina A. Delahunt
Director
Greg Stern, M.D.
Health Officer
2UO9
n��
(/4`refj7TIC 0Et!, fl:,,.1 �q j y
J C,J3
Pursuant to RCW 57.16.010(6), the Whatcom County Health Department has reviewed
and hereby approves the Comprehensive Water Plan dated March 2009 for the Birch
Bay Water and Sewer District as submitted.
If you have any questions, please feel free to contact rne.
Si
JoV J. Wolpers III, RS
Environmental Health Manager
Cc: Dana Brown -Davis, County Council
ADMINISTRATION 509 Girard Street COMMUNITY HEALTH 1500 North State Street
PUBLIC HEALTH DISEASE RESPONSE Bellingham, WA 98225-4005 Bellingham, WA 98225-4551
ENVIRONMENTAL HEALTH (360) 676-6724 ALWAYS WORKING FOR A SAFER AND (360) 676-4593
HUMAN SERVICES FAX (360) 676-6771 HEALTHIER WASHINGTON (360) 676-6762
163
PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES
FRANK M. ABART
°°M °Oos JOSEPH P. RUTAN, P.E.
DIRECTOR 3�' r . -4 County Engineer/Assistant Director
5280 Northwest Dr.
`a�9NIra Bellingham, WA 98226-9098
Phone: 360.676.6730
Fax: 360.676.6558
2009.08.18
Mr Rodney Langer, PE
CHS Engineers, LLC
12507 Bel -Red Road
Suite 101
Bellevue, WA 98005-2500
Subject: Birch Bay Water and Sewer District
Comprehensive Water Plan
Reference: (a) Your June 3, 2009 letter same subject
(b) RCW 57.16.010(6)
Dear Mr Langer:
In reply to reference (a) letter, and in accordance with reference (b) RCW, I do hereby approve subject
Comprehensive Water Plan for Birch Bay Water and Sewer District.
Please note the following related to this approval:
• All work performed in a County right-of-way requires a Revocable Encroachment Permit as a
prerequisite. Gene Altman, at 360.676.6730, is our contact for these Permits.
• Depending on the scope of work of any given District planned sewer system facilities project, the
County might require:
o Other permits (e.g., building, conditional use, land disturbance, shoreline) as a
prerequisite to project execution, and
o Stormwater management documentation, with possible consequent engineered
stormwater management system design. With respect to the former, I've attached a
stormwater management documentation requirements determination matrix for your use.
• To accommodate our desire to minimize disturbance to County roadway surfaces, we encourage
the District, where feasible, to place new water system facilities outside the existing pavement of
any improved County roadways.
• We encourage the District to accomplish, to the maximum extent feasible, its, planned water
system projects that will involve work in County right-of-ways in advance of our planned road
projects to minimize roadway patching that would otherwise occur if not coordinated.
Sincerely,
Joseph P. Rutan, PE
County Engineer/Assistant Director
Encl: (1) Stormwater Management Documentation Requirements Determination Matrix
Copy: County Council (w/o encl)
County Executive (w/o encl)
Public Works Director (w/o encl)
Engineering Services Development Division Manager (w/ encl)
Engineering Services Traffic Division Senior Engineering Technician (w/o encl)
IADEVELOPMENIAProjects\Birch Bay Water and Sewer Distric6Comprehensive Water Plan\2009 Plan Review letter (Original Final).docx
164
Birch Bay Water and Sewer District
Comprehensive Water System Plan
EXECUTIVE SUMMARY
INTRODUCTION
This Comprehensive Water System Plan Update for Birch Bay Water and Sewer District
presents an evaluation of existing facilities, system operation, water quality, projected
water. demands, and existing and future capital and operational requirements. The
culmination of the plan is the update of the District's water system Capital Improvement
Plan (CIP). This plan has been prepared in accordance with the requirements of the
:-- Washington Administrative Code (WAC) 246-290-100, as revised pursuant to the 2003
"Municipal Water Law the April 1997 Washington Department of Health (DOH) Water
System Planning Handbook, and the June 1999 DOH Water System Design Manual,
and in the context of the February 2000 Whatcom County Coordinated Water System
Plan (CWSP) and the September 2004 Whatcom County Birch Bay Community Plan
(BBCP).
Birch Bay Water and Sewer District, formerly Whatcom County Water District No. 8, is a
municipal special purpose district formed in 1968. The District is located in northwest
Whatcom County and the boundary includes approximately 6,700 acres. The District
services the area around Birch Bay, including Point Whitehorn and Birch Point,
immediately south of the City of Blaine, in unincorporated Whatcom County.
EXISTING. SYSTEM
The District purchased the Birch Bay Water Company water system in 1970, and
merged with Whatcom County Water District No. 6 in 1987. Over the past 39 years, the
District has since expanded and improved the system, with District projects and
developer extensions, to include two wells, three reservoirs, four booster pump stations
and over 76 miles of water mains. The District's water source is the City of Blaine
(wells). In 2002, the District negotiated a new water supply contract with Blaine. The
contract provides for up to 2.11 million gallons per day (mgd). The contract term is 30
years, with potential renewal of up to 30 additional years. The City and District recently
amended the water supply contract, with the key provision being agreement to jointly
pursue and share additional groundwater resources in northwestern Whatcom County.
The District's water system is a Group A Community System (DOH System No.
95904U) serving approximately 5,023 connections or 7,239 residential customer
equivalents (as of 12/31/2008).
The District provides water to the BP Cherry Point Refinery via a wholesale intertie and
contract with Whatcom County PLID No. 1. The District presently provides wholesale
water, to PUD No. 1 of Whatcom County, for distribution to the BP Refinery at Cherry
Point. This area is designated for "service by PUD No. 1, according to the Whatcom
County Coordinated Water System Plan. The current agreement stipulates that this
water supply is of the lowest priority to the Birch Bay Water and Sewer District and that
service may be interrupted if the District's customers require this water. The original
agreement with the PUD (1990) has been amended five times since August 2006 to
address short-term water supply and contract negotiation issues and was amended
again effective June 1, 2008 (the "Sixth Amendment"). The Sixth Amendment was
Comprehensive Water System Plan ES-1 CHS Engineers, LLC
Birch Bay Water and Sewer District March 2009 165
executed concurrently with a "Superseding Agreement" between the District and BP for
delivery of water directly to BP. Until such time as conditions are fulfilled for the
Superseding Agreement to be effective, the Sixth Amendment provides for water
supply, at a maximum summer season rate of 75,000 gpd and up to 280,000 gpd for the
balance of the year. This supply remains interruptible but. has two curtailment levels.
The primary condition for the Superseding Agreement to be effective is that the District
and/or City secure additional groundwater rights for the District's use.
The District also has an emergency supply intertie with Bell Bay Jackson Water
Association.
The current water service area has an irregular boundary generally described as the
Blaine City Limits to the north, Bell Bay Jackson Water Association to the east and the
southern limit of the Birch Bay urban growth area to the south (see Figure 1.2). The
land use within the service area is predominately residential, with some commercial and
rural areas. The estimated population for the District's water service area, based on the
2000 census adjusted for year-end 2007, is approximately 6,227.
Annual water usage (as Average Day Demand or ADD, in mgd) from 1999 to 2007 is
shown in Table .1. The breakdown of water demand by customer type is indicated in
Table 2. An Equivalent Residential Unit (ERU) represents the amount of water
consumed by a typical single-family residence. The average water usage for a single-
family residence was determined to be 126 gallons per day or 5,760 cubic feet per year
for Birch Bay's system. The ratio of Maximum Day Demand (MDD) to ADD, is 2.20.
The ratio of peak hour demand (PHD) to MDD is approximately 1.65.
Table 1. Historical Water Use - Average Day Demand (mgd)
1999 2000 2001 2002 2003 2004 2005 1 2006 1 2007
0.660 L 0.641 1 0.656 0.711 1 0.756 1 0.820 0.836 1 0.884 1 0.896
Table 2. Percentage of Annual Water Demand by Customer Type (2007)
Customer Type
Percentage
Single Family
residential
64%
Multi -family
residential
23%
Commercial
3%
Wholesale
3%
Large Water Users
4%
District use & other
3%
' Total I 100%
FUTURE WATER DEMAND AND WATER CONSERVATION
Future water demands for the District were estimated by forecasting growth in customer
classes. Water demands. were calculated by estimating the number of future
connections then multiplying that number by the water demand per ERU. Water
Comprehensive Water System Plan ES-2 CHS Engineers, LLC
Birch Bay Water and Sewer District March 2009 166 ,
demands were calculated for each customer type then combined for a total system
demand. Residential population was forecast to increase at a rate varying From 1.25 to
2.5% per year from 2008 through 2012, then 2.5% for year 2013, then 3.4% per year
from 2014_ through 2025, and 2.5% per year from 2026 through 2035. The historical
and projected annual distribution system leakage is 10% of the annual volume of water
supply. The District water service area will take decades to develop to its full
development capacity, per current land use designations.
The projected total ADD and MDD are as indicated in Table 3 (without additional
projected savingsor conservation impacts) and Table 4 (with additional projected
savings). Figure 2.2 presents a graph of historical and forecast water demand.
Table 3. Forecast Water Demands (mgd)
2009-
2010
2011
2012
2013
2014
2019
2024
2029
2035
ADD
0.96
0.98
1.00
1.03
1.05
1.09
1.28
1.50
1.73
2.03
NIDD
2.00
2.05
2.09
2.15
2.20
2.28
2.67
3.13
3.62
4.25
Table 4. Forecast Water Demands, with Additional Savings, (mgd)
2009
2010
2011
2012
2013
2014
2019
2024
2029
2035
ADD
0.93
0.95
0.96
0.98
1.00
1.03
1.17
1.34
1.50
1.71
MDD
1.95
1.98
2.02
2.06
2.10
2.15
2.46
2.81
1 3.15
3.58
The. District has had a water conservation program ongoing since 1992. In an effort to
�, reduce the NIDD, an aggressive conservation program, both in the District and with the
City of Blaine, has been ongoing since 1998.
j:dn 2007, the District created and filled a new conservation position, Water Conservation
jC ispecialist (WCS). The WCS prepared the. District's first Water Use Efficiency (WUE)
Program in January 2008 in accordance with the recently enacted Municipal Water Law
and DOH rules (WAC 246-290-800). The WUE Program identifies goals and measures
,',.for. enhanced water conservation. The goals of the recent and ongoing conservation
"program at the District are to moderate growth in:
• Maximum day demand (NIDD - achieve demand of 0.51 mgd less than
forecast without additional savings by 2014
ry Average day demand (ADD) - achieve demand of 0.26 mgd less than
I forecast without additional savings by 2014.
.SYSTEM ANALYSIS AND CAPITAL IMPROVEMENT PROGRAM
The. Blaine water supply contract will provide adequate water supply through the year
f -011, at the forecast demand. Additional water supply, including use of surplus
storage; and/or conservation will be necessary to meet: the- demand beyond that time.
prehensive Water System Plan ES-3 CHS Engineers, LLC
Bay Water and Sewer District March 2009 167
To this end the District has completed a test well northeast of the District and has
applied for a water right, and is working closely with the City of Blaine to secure
additional groundwater resources. The District presently has surplus storage volume
adequate for use on days of maximum demand (typically summer weekends) for
adequate supply through year 2015. Additionally the District may be able to use more
than their contract demand amount, but such use would be subject to premium pricing
and penalties per the City supply contract.
The City of Blaine is primarily responsible for the quality of water currently used by the
District's customers. Blaine disinfects the water as necessary for system residual and
no other treatment is necessary at this time. The District performs disinfectant residual
and coliform bacteria testing at various points within its distribution system. The District
has also completed lead and copper and asbestos testing as required to date. The
District's water is in compliance with all the monitored water quality parameters. In
accordance with the federal regulations requiring annual Consumer Confidence
Reports, the District publishes an annual Water Quality Report for distribution to its
entire customer base. Copies of recent reports are included in Appendix H.
The District has adopted water system design and construction standards that are
consistent with DOH requirements and the minimum standards in the Whatcom County
CWSP. The standards, including standard details and technical specifications, are
included in a separate document, the BBWSD Developer Project Manual, latest edition.
Design criteria for storage tanks and booster pump stations will be developed in project
reports for specific project applications, for review and approval by DOH.
The storage and transmission and distribution system was analyzed to determine its
ability to provide for existing and forecast water demand, while providing appropriate
service pressure to all customers.
The storage requirements are a function of operational parameters, water demand and
fire flow requirements. Five elements of storage must be considered: Operational,
(OS), Standby (SB), Equalizing (ES),. Fire Flow (FSS) and Dead (DS). With the
approval of the fire marshal, the District may use the larger of SB or FSS. As a seismic
risk mitigation measure, the District lowers the water level in each steel reservoir in the
winter, thereby increasing the OS volume. Summer operating volumes are presented in
this summary and the details are discussed in Chapter 3. The required total volume of
storage varies from 2.09 million gallons (currently) to 4.62 million gallons (assuming a
single source system, year 2035). The total may be reduced with the completion of a
"second source." The District presently has 3.126 million gallons of storage. The
District currently relies on a portion of its surplus storage to meet the MDD of the
system. Although storage volume is adequate District -wide through 2016 (summer
operating levels) with one water source, an additional water source and two additional
reservoirs are recommended for storage for the higher -pressure zones at Point
Whitehorn and Birch Point. If additional storage is constructed at Birch Point, the
District could rely on the additional surplus storage to meet forecast demand beyond
year 2015.
Comprehensive Water System Plan ES-4 CHS Engineers, LLC
Birch Bay Water and Sewer District March 2009
The condition and configuration of the existing reservoirs was reviewed and some
deficiencies were noted (see Table 3.5). Capital projects to address these conditions
have been developed.
The District's water system hydraulic model was calibrated in the mid-1990's and was
then updated and used in this plan for analysis under the following conditions, for
current demand and forecast demand for PHD, MOD and MOD with fire flow, for years
two, four and six of the next six year planning period then at five-year increments
through the year 2029 then again for year 2035. The fire flow requirements range From
none (rural areas) to 2,500 gpm (commercial areas). The evaluation criteria were
based on maintaining a minimum pressure of 30 psi in any point in the distribution
system during PHD and NIDD conditions, or 20 psi during MOD with fire flow conditions.
Additionally, the analysis focused on reducing reliance on storage to meet MOD.
The hydraulic analysis revealed deficiencies in the ability to meet MOD (hence reliance
on storage). Various solutions were considered to improve supply of water to the
system, until a series of phased improvements was selected to address the hydraulic
deficiencies. Certain portions of the system have been prone to leaks or included some
of the oldest ;pipes in the system and proposed system improvements were selected to
address these leaks as well as improve overall system hydraulics.
i
System deficiencies are summarized in Section 3.4 and proposed improvements are
discussed in Section 3.5 and Chapter 8. "rhe primary projects necessary to address
water system deficiencies are summarized in Table 5. This CIP includes an additional
point of connection or intertie with the City of Blaine's system (Portal Way) and an
additional source of supply (District groundwater source, well PW-2), also near Portal
Way and 1-5 northeast of the District.
Comprehensive Water System Plan ES-5 CHS Engineers, LLC
Birch Bay Water and Sewer District March 2009 169
Table 5. Summary of 10-Year Capital Improvement Plan
ID
Capital
Project Description
Estimated
Estimated
Improvement
(See Table 8.1 for detailed description)
Project Cost.
Year of
(2009)
Completion
I. SUPPLY
PUD Water Supply Contract Payments
$ 1,356,000
2009-2019
Supply -related transmission/distribution projects are
as follows:
SU-1
18" Trans. Main,
Blaine Road, BPS to Drayton Harbor Road and Hall
$ 1,790,000
2009
New Inter -tie
Road, BPS to Portal Way, new intertie with Blaine
SU-2
16" Trans.
Blaine Road, California Trail to Birch Bay — Lynden
$ 1,238,000
2009
Mains
Road
SU-3
New BPS
Add BPS at Portal Way connection
$ 446,000
2010
SU-4
New Source
Equip and connect PW-2 to system at Portal Way
$ 1,260,000
2019
and 10" Trans.
(not including potential arsenic treatment costs — this
Main
may be deferred if adequate City contract supply
available
SU-5
16" Trans.
Hall and Dearborn, BR BPS to Drayton Harbor Rd.
$791,000
2019
Mains
Subtotal for Supply Projects
$ 6,881,000
II. STORAGE
ST-1
Tank Repainting
Steel reservoir exterior repainting, Kickerville
$ 262,000
2009
circulation upgrades
ST-2
Replace Birch
1.5 mg steel ground level replacement reservoir
$.1,400,000
2015
Point Reservoir
I
ST-3
Kickerville
Interior repaint, seismic upgrades
$ 667,000
By 2019
Reservoir
Upgrades
ST-4
Replacement
1.0 mg steel ground level replacement reservoir
$ 1,018,000
by 2019
Semiahmoo
Reservoir
ST-5
Point Whitehorn
0.376 mg concrete ground level reservoir (offline)
$ 606,000
by 2019
Reservoir
Subtotal for Storage Projectsl
$ 3,953,000
Comprehensive Water System Plan ES-6
Birch Bay Water and Sewer District
CHS Engineers, LLC
March 2009
170
Ill. TRANSMISSION/DISTRIBUTION
T-1
Replace Meter
Replace Jacobs Landing Condos Meter
$ 10,000
2009
T-2
Relocate Meters
Relocate meters, abandon main, Birch Bay Drive
$ 50,000
2009
Road two laces
T-3
Piney Lane Dist.
Replace existing galvanized pipe — Piney Lane
$ 18,000
2010
Main
T-4
3" Distribution
Replace existing pipe through State Park
$ 366,000
2010
Main
T-5
Abandon Dist.
Abandon existing from Loft Lane to Gemini Street
$ 3,000
2010
Main
T-6
WWTP Meter
Relocate WWTP meter to Point Whitehorn BPS
$ 45,000
2011
Relocation
discharge
T-7
Point Whitehorn
Upgrade BPS for Point Whitehorn Reservoir
$ 122,000
2019
BPS
T-8
Replace Dist.
Easement east of Point Whitehorn Road
$ 137,000
2019
Main
T-9
Birch Point
Replacement Birch Point Booster Pump Station
$ 526,000
2019
Booster Pump
Station
T-10
12" Trans. Main
From Birch Point BPS to replacement Semiahmoo
$ 785,000
2019
Reservoir
T-11
Semiahmoo
Booster Pump Station for closed pressure zone
$ 395,000
2019
Booster Pump
T-12
10" Trans. Main
Along Birch Point Road and along southeast side of
$ 2,566,000
2019
Cannery Hill
.T-13
Main
$50,000 annual budget for 10 years
$ 500,000
2009 - 2019
Replacement
Subtotal for Transmission/Distribution Projects
$ 5,523,000
Grand TotaIF $ 16,367,000
OPERATION AND MAINTENANCE
The District General Manager is responsible for overall system management under the
direction of the District's elected Board of Commissioners. The District Operations
Manager and Water System Foreman operate the water system. The Water System
Foreman is certified as a Water Distribution Manager 2, Water Distribution Specialist
and Cross Connection Control Specialist. He is responsible for the day-to-day
operation of the system. He is supported by two operators that are also meter readers
and certified by the State as Water Distribution Specialists.
The water system operates automatically, with the option for manual override, via a
telemetry system. The Operations Manager and Foreman have the ability to monitor
and control operations of the system, to some degree, from a remote personal
computer. Reservoir levels are continuously monitored and control operation of system
supply pumps. Supply to separate pressure zones is automatic through pressure
reducing valves, or automated booster pump stations. The Water Department performs
preventative maintenance and monitoring on a regular schedule, and stocks a moderate
inventory of water system components for maintenance and/or repair as necessary.
Comprehensive Water System Plan ES-7 CHS Engineers, LLC
Birch Bay Water and Sewer District March 2009
171
Water Department staff is responsible for implementation of the coliform monitoring plan
(see Appendix F).
The District's Cross Connection Control Program was recently approved by DOH in a
separate document. The District's approach to cross connection control is premise -
isolation. The District has adopted the updated Cross Connection Control Program by
resolution (No. 648) and incorporated it into the District Code as Chapter 7.08.
The District has a vulnerability analysis and emergency response plan that were
prepared and updated as a result of the Public Health Security and Bio-Terrorism
Preparedness and Response Act (HR 3448). The District has adopted a water shortage
response plan that identifies four different stages and procedures that are to be followed
depending on the severity of a water shortage situation (see Appendix J).
Other recommendations for the operation and maintenance program include negotiate a
reciprocal emergency intertie agreement with the City of Blaine and update the
emergency intertie agreement with Bell Bay Jackson Water Association. Also identified
were new measures for the inspection of steel water storage tanks, fire hydrants,
valves, flushing and leak detection.
FINANCIAL PLAN
Birch Bay Water and Sewer District is an independent special purpose district,
assuming the duties of its own treasury from Whatcom County in 1988. The District has
and continues to maintain a strong financial base. All previous debt (extensive water
and sewer system improvements in the mid to late 1970's) has been retired and current
Public Works Trust Fund and revenue bond debt is backed by assessment receivables,
operating revenue and connection charge revenue.
The District relies on developer financing, revenue bonds and connection charges to
fund capital improvements to the system. Grant and low -interest loans are used as
available for certain projects. Water service charges support operation and
maintenance of the water system, with some transfer to the construction and debt
service funds. The District has developed a comprehensive financial model, updated
annually to consider the impact of capital projects and operation and maintenance
expenditures on District finances and rates. Water service charges are adjusted
periodically to adequately support the revenue needs. The water connection charge will
be adjusted following adoption of this plan.
Comprehensive Water System Plan ES-8 CHS Engineers, LLC
Birch Bay Water and Sewer District March.2009
172>
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 30 B
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Birch Bay
6/24/2009
9/15/2009
Public Works/Coup
Division Head:
Dept. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.•
Resolution approving Birch Bay Water and Sewer Comp Sewer System Plan
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Birch Bay Water and Sewer District has submitted their May 2009 Comprehensive Sewer System Plan to the County for review and approval. Per
RCW 57.16.010 (6), all comprehensive sewerr system plans must be either approved, conditionally approved, or rejected by the legislative authority
of the county in which the district is located.
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.
173
BBWS Sewer System Plan Approval
PROPOSED BY: Consent
SPONSORED BY: Consent
INTRODUCED: September 15, 2009
RESOLUTION NO.
APPROVING THE BIRCH BAY WATER AND SEWER DISTRICT
COMPREHENSIVE SEWER SYSTEM PLAN
WHEREAS, on June 23, 2009, the Birch Bay Water and Sewer District
submitted a proposed Comprehensive Sewer System Plan, dated May 2009, to
Whatcom County for review and approval; and
WHEREAS, RCW 57.16.010(6) requires that all comprehensive water and
sewer system plans, and plan amendments, be either approved, conditionally
approved, or rejected by the legislative authority of the county in which the district
is located;. and
WHEREAS, as required by RCW 57.16.010(6), the Whatcom County Health
Department and Whatcom County Public Works Engineering Division have reviewed the
proposed amendment and submitted letters of approval to the County Council; and
WHEREAS, the proposed amendment complies with the ,criteria 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 Birch Bay Water And Sewer District Comprehensive Water System Plan, dated
May 2009, is hereby approved as presented.
APPROVED this
ATTEST:
Dana Brown -Davis, Clerk o
APPROVED AS TO FORM:
Civil Deputy Prosecutor
day of , 2009.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
e Council Seth Fleetwood, Council Chair
174
CGOM Co
WHATCOM COUNTY rP °tia
HEALTH DEPARTMENT
IN
July 20, 2009
Rodney Langer, P.E.
CHS Engineering, LLC.
12507 Bel -Red Road, Suite 101
Bellevue, WA. 98005-2500
REGINA DELAHUNT
Director
GREG STERN, M.D.
Health Officer
G;ECG��OV EJUL, 2 1 2009
WHATCOM COUNTY
COUNCIL
Pursuant to RCW 57.16.01(6), the Whatcom County Health Department has reviewed the
and hereby approves the Comprehensive Sewer Plan dated May 2009 for the Birch Bay
Water and Sewer District as submitted.
If you have any questions, please feel free to contact me.
Sincerely,
John t. Xolpers III RS
Environmental Health Manager
Cc: Dana Brown -Davis -County Council
ENVIRONMENTAL HEALTH COMMUNITY HEALTH 1500 North State Street
CLINICAL SERVICES Bellingham, WA 98225-4551
(360) 676-4593
FAX (360) 676-6762
175
509 Girard Street
HUMAN SERVICES
Bellingham, WA 98225-4005
PUBLIC HEALTH
ADMINISTRATION
(360) 676-6724
ALWAYS WORKING FOR A SAFER AND
DISEASE RESPONSE
FAX (360) 676-7646
HEALTHIER WASHINGTON
PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES
FRANK M. ABART a°�y JOSEPH P. RUTAN, P.E.
DIRECTOR 3 F County Engineer/Assistant Director
5280 Northwest Dr.
tl..._ __toy Bellingham, WA 98226-9098
Phone: 360.676.6730
Fax: 360.676.6558
2009.08.18
Mr Rodney Langer, PE D!RTR' UTED TO
CHS Engineers, LLC
12507 Bel -Red Road
r
Suite 101 0 20�
Bellevue, WA 98005-2500 ALL Julv;alt MEMBERS
Subject: Birch Bay Water and Sewer DistrictM CJNTY COUNCIL
Comprehensive Sewer System Plan
Reference: (a) Your June 22, 2009 letter same subject
(b) RCW 57.16.010(6)
Dear Mr Langer:
In reply to reference (a) letter, and in accordance with reference (b) RCW, I do hereby approve subject
Comprehensive Sewer System Plan for Birch Bay Water and Sewer District.
Please note the following related to this approval:
• All work performed in a County right-of-way requires a Revocable Encroachment Permit as a
prerequisite. Gene Altman, at 360.676.6730, is our contact for these Permits.
• Depending on the scope of work of any given District planned sewer system facilities project, the
County might require:
o Other permits (e.g., building, conditional use, land disturbance, shoreline) as a
prerequisite to project execution, and
o Stormwater management documentation, with possible consequent engineered
stormwater management system design. With respect to the former, I've attached a
stormwater management documentation requirements determination matrix for your use.
• To accommodate our desire to minimize disturbance to County roadway surfaces, we encourage
the District, where feasible, to place new sewer system facilities outside the existing pavement of
any improved County roadways.
• We encourage the District to accomplish, to the maximum extent feasible, its planned sewer
system projects that will involve work in County right-of-ways in advance of our planned road
projects to minimize roadway patching that would otherwise occur if not coordinated.
Sincerely,
Joseph P. Rutan, PE
County Engineer/Assistant Director
Encl: (1) Stormwater Management Documentation Requirements Determination Matrix
Copy: County Council (w/o encl)
County Executive (w/o encl)
Public Works Director (w/o encl)
Engineering Services Development Division Manager (w/ encl)
Engineering Services Traffic Division Senior Engineering Technician (w/o encl)
lADEVELOPMENTVrojects\Birch Bay Water and Sewer District\Comprehensive Sewer System Plan\2009 Plan Review letter (Original 176
SUMMARY AND RECOMMENDATIONS
BACKGROUND
The subject of this report is the public sewer collection system and wastewater
treatment plant (WWTP) owned, operated and maintained by Birch Bay Water and
Sewer District. The District is a municipal corporation in the form of a special purpose
district, under RCW 56 and 57. The District provides public water and sewer service to
an unincorporated portion of northwestern Whatcom County. This area has been
designated as the "Birch Bay Urban Growth Area" in the Whatcom County
Comprehensive plan.
Birch Bay Water and Sewer District is located immediately south of the City of Blaine
(see Figure 1.1). The District is bordered on the west by Birch Bay .and Semiahmoo
Bay and on the north by the Blaine City limits and Drayton. Harbor. The eastern
boundary line is irregular ranging from a minimum of 1,000 feet to over one and one
half miles east of Birch Bay. The southern boundary is also irregular from Alderson
Road south to Grandview Road. The District presently includes approximately 6,700
acres. The sewer service area and District boundary are shown on Figure 1.2.
The District was formed as Whatcom County Water District No. 8 in 1968. The first
wastewater engineering report was completed in 1970 and -the WWTP went into service
in December, 1976. The District office and WWTP are located at 7096 Point Whitehorn
Road, Birch Bay, Washington 98320-96745, telephone 360-371-7100, facsimile 360-
371-2806. The WWTP discharges to the Strait of Georgia under NPDES Permit WA
002955-6 (see Appendix D) and per the terms of an aquatic lands lease (see Appendix
G).
The following paragraphs present a condensed review of the Comprehensive Sewer
System Plan, summarizing the principal features of this report. Specific
recommendations are presented in this summary based on findings and conclusions
reached during the study of the sewer system.
SEWER SERVICE AREA
The sewer service area for this plan is all the area within the current District boundary,
with the following exceptions: the area inside the District but outside the Birch Bay
UGA along Birch Bay-Lynden Road east of Blaine Road; the area inside the District but
outside the Birch Bay UGA at Birch Point; and the District wastewater treatment plant
site east of Point Whitehorn Road. The service area also includes the following
portions of the Blaine or Birch Bay UGA currently outside of the District boundary: south
of Dakota Creek and Portal Way; east of Blaine Road and south of California Creek
and along Arnie Road.
Comprehensive Sewer Plan S-1 CHS Engineers, LLC
Birch Bay Water and Sewer District May 2009
177
The District also provides domestic wastewater service for the BP Cherry Point Refinery
by agreement. The refinery is located outside the District boundary and sewer service
area.
POPULATION
The annual growth rate of sewer connections within Birch Bay Water and Sewer District
since 1998 has averaged about 3.1 %. This compares with recent projected growth
figures for the entire Whatcom County of about 1.5% per year. Assuming variable
growth as the economy regains strength, the permanent population in the District sewer
service area is expected to reach 6,400 by 2010 and 11,307 by 2029.
DESIGN CRITERIA
The design criteria used in this comprehensive plan is based on "Criteria for Sewage
Works Design" established by the State of Washington Department of Ecology, District
historical- design criteria, actual usage records and other accepted standards for
wastewater system design and construction.
SEWER SYSTEM
Birch Bay Water and Sewer District has been providing sewer service for the Birch Bay
area since the fall of 1976 when the District's 0.5 MGD wastewater treatment plant went
into operation. The plant capacity was expanded to 1.0 MGD in 1986 and again to 1.28
mgd in 1999. The peak summer daily flow through January 2009 was 966,000 gallons
per day (2008) and the maximum month average daily flow through January 2009, was
1,204,000 gallons per day (January, 2006).
The collection system is composed of approximately 56 miles of gravity and pressure
sewers including 11 pump stations. The pump stations along Birch Bay Drive are the
backbone of the collection system.
CAPITAL IMPROVEMENT PLAN
This Comprehensive Sewer System Plan identifies projects that will be necessary to
extend sewer service throughout the urban growth area around Birch Bay.. Several of
the projects are recommended for completion over the next ten years, as summarized
in Table S.1
Comprehensive Sewer Plan S-2 CHS Engineers, LLC
Birch Bay Water and Sewer District May 200I$
Table S.1
10-YEAR CAPITAL IMPROVEMENT PLAN
Capital
Project Description
Estimated
Estimated
I�
Improvement
(See Table 7.2 for detailed description)
Project Cost
Year of
(2009)
Completion
I. WWTP
T-1a.
WWTP
Headworks
$ 2,000,000
2010
T-1b
WWTP
New Process Water PS
$ 41,000
2010
T-2a
WWTP
2 New Oxidation Ditches
$ 3,591,000
2014
T-2b
WWTP
New Flow Split Structures Allowance
$ 103,000
2014
T-2c
WWTP
Upgrade Aerobic Digesters
$ 385,000
2014
T-2d
WWTP
Convert AB to Digestion Allowance
$ 309,000
2014
T-2e
WWTP
Gravity Belt Thickener
$ 1,504,000
2014
-ZT
WWTP
New L)ewatering and Class A (Allowance)
3,248,000
2014
Subtotal for WWTP Projects
$ 11,181,000
II. PUMPING
PS #1
P-1 a
Replacement
Relocate and increase station capacity.
$ 762,000
2009
8" FM
P-1b
5" FM
Add separate force main for State Park PS discharge.
$ 216,000
2009
P-1c
14", 16" & 18"'
Complete force mains to WWTP, add flow meters &
$ 4,717,000
2009
FM.
valve vault to PS #3.
P-2a
.16" & 18" FM
Continue force mains from PS #3 to PS #4.
$ 1,066,000
2010
P-2b
PS U0grade
Increase station capacity.
$ 2,850,000
2010
P-3
PS Upgrade &
Increase station capacity and replace force main.
$ 344,000
2011
12" FM
P-4
PS Upgrade &
Upgrade station force main, increase station capacity.
$ 1,318,000
2011
18" FM
P-5
PS. Upgrade &
Increase station capacity.
$ 341,000
2015
10".FM
P-6 .
Building
Replace electricals stem.
$ 365,000
2010
P-7
PS Upgrade &
Upgrade station force main, increase station capacity.
$ 336,000
2015
16" FM
P-8
PS Upgrade &
Increase station capacity and replace force main.
$ 359,000
2017
10" FM
P-9
PS Upgrade &
Modify pump station, construct force main.
$ 1,252,000
2012
18" FM
P-13
PS C & 3" FM
Construct submersible pump station and construct force
$ 1,169,000
2010
main.
Subtotal for Pumping Projectsl
$ 15,095,000
Comprehensive Sewer Plan S-3
jBirch Bay Water and Sewer District
CHS Engineers, LLC
May 2009 179