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Packet Apr 13 2010
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 171 CLEARANCES Initial Date Date Received in Council Of fice Agenda Date Assigned to: Originator: 4/5/2010 ii (L l� D APR 0. 5 2010 V 1iA MOM COUNTY COUNCIL 4/13/2010 Natural Resource Division Head: Head. Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Discussion of proposed Lk Whatcom 5-year work plan and public involvement ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding of proposed Lake Whatcom five-year work plan and proposed public involvement 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.whatcomwa.uslcouncil. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 119 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: 3/1/2010 4/13/2010 Finance Division Head: Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Presentation and Update on Tort Liability Claim 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) Presentation and Update on Tort Liability Claim COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-173 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: R E C E IJ l/ E D A�I\ 0'6 2010 �'! 4/13/10 Finance/Council Division Head: a/C> -to Dept. Head: V Prosecutor: 31��—� � WHATCOM COUNTY Purchasing/Budget: �� COUNCIL Executive: TITLE OF DO UMENT. FFY2008 State Homeland Security Program (SHSP), Contract # E09-181 ATTACHMENTS: Supporting Memo Two (2) copies of the FFY2008 SHSP Contract Whatcom County Contract Information Sheet SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) FFY2009 State Homeland Security Program (SHSP) provides funding to enhance local jurisdiction capability to prevent, deter, respond to, and recover from catastrophic and/or terrorist events. Award amount: $272,825.00 Funding Authority: U.S. Dept of Homeland Security, Washington State Military Department — Emergency Management Division, and Snohomish County. Contract # E10-206. Agreement # 2009-SS-T9-0015. CFDA # 97.067 SHSP. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a 0/003 nay Originating Department: Sheriffs Office — Division of Emergency Management Contract Administrator: Doug Dahl Contractor's /A enc Name: I Snohomish County 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) E10-206 CFDA number 97.067 SHSP Is this contract grant funded? Yes _ No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes_ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 272, 825.00 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: $ Executive with supporting memo for approval. Scope of Services To enhance Whatcom County governments' capability to prevent, deter, respond to, and recover from catastrophic and/or terrorist event. Funding for this grant is provided by the Dept of Homeland Security State Homeland. Security Program for Federal Fiscal Year 2009. Term of Contract: Expiration Date: October 31, 2011 1. Prepared by: 2. Attorney reviewed: 3. AS Finance reviewed. 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff. ':k 7. Contractor signed: 8. Submitted to Exec Office 9. Reviewed by DCA 16. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept; 14. County Original to Council Date [electronic] Date[electronic] Date 3 -?. • Ib [electronic] Date [electronic] Date [electronic] hard copy printed Date Date Date 3 -3a - to [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page M WHATCOM COUNTY DIVISION OF SHERIFF'S OFFICE EMERGENCY MANAGEMENT SHERIFF BILL ELFO DOUG DAHL DIRECTOR DEPUTY DIRECTOR PUBLIC SAFETYBUILDING DEM OFFICE MAILING ADDRESS 311 Grand Avenue 3888 Sound Way 311 Grand Avenue Bellingham, WA 98225-4078 Bellingham, WA Bellingham, WA 98226 98225-4078 (360) 676-6681 RECEIVED MEMO MAR 3 0 2010 To: Pete Kremen, County Execut'pte PETE KREMEN From: Doug Dahl, Deputy Directo COUNTY EXECUTIVE Subject: Department of Homeland Security, State Homeland Security Program (SHSP) FFY2009 SHSP Contract # E10-206 Date: March 29, 2010 Enclosed are two (2) originals of a contract between Whatcom County Sheriff's Office Division of Emergency Management (WCSO-DEM) and Snohomish County. • Background and Purpose Whatcom County Sheriff's Office Division of Emergency Management has been awarded $272,825.00 from the Dept of Homeland Security (DHS) State Homeland Security Program (SHSP) for Federal Fiscal Year 2009. This grant flows from DHS, through the Washington State Military Department — Emergency Management Division and Snohomish County Department of Emergency Management. DHS provides SHSP funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from catastrophic and/or terrorist events. The Whatcom County Emergency Management Council Homeland Security Committee will further allocate these funds among Whatcom County jurisdictions to support their exercise, training, planning, and equipment needs. Whatcom County will use its allocation, in part, to support an Emergency Management Program Specialist position. The performance period for this grant runs from August 31, 2009 through October 31, 2011. • Funding Amount and. Source $272,825.00 from the Dept of Homeland Security FFY2009 SHSP, Contract # E10-206, Funding Source Agreement 2009-SS-T9-0015, CFDA 97.067 SHSP. If you have any questions or concerns regarding this contract, please contact Frances Burkhart or me at 676-6681. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in PuAc Safety. %JUUIN I T lJtill INAL V-sloulm SNOHOMISH COUNTY CONTRACT FACE SHEET I CONTRACT NO. 1. Contractor Name and Address: 2. Contract Amount: 3. Co tract Number 20/o 030 Whatcom County _ Division of Emergency Management $ 272,8215 E10-206 311 Grand Ave Bellingham, WA 98225 4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date: Doug Dahl, (360) 676-6681 August 1, 2009 October 31, 2011 7. County's Regional Coordinator /phone number: 8. DUNS #: 9. UBI # (state revenue): Tammy Jones, (425) 388-5072 060044641 313-014461 10. Funding Authority: Snohomish County (County), Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement #: 12. Program Index # & OBJ/SUB-OJ: 13. CFDA # & Title: 14. TIN or SSN: 2009-SS-T9-0015 N/A 97.067 SHSP 91-6001383 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 38,44 WhatCounty Certified?: X N/A El (BY CONGRESSIONAL DISTRICT): 2 ❑ YES, OMWBE # 18. Contract Classification: 19. Contract Type (check all that apply): ❑ Personal Services O Client Services X Public/Local Gov't X Contract X Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other X Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from catastrophic and/or terrorist events through the FFY09 Homeland Security Grant, State Homeland Security Program. This funding is being provided to address the unique exercise, training, planning, equipment, organization, and management and administration needs of emergency responders. The County and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This contract consists of the following: Contract Face Sheet; Special Terms and Conditions; Exhibit A, General Terms and Conditions; Exhibit B, Statement of Work; Exhibit C, Budget; and Exhibit D, Bl- Annual Progress Report which govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) Any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this contract this day of 2010. FOR THE COUNTY: FOR THE CONTRACTOR: Signature Date Signature Date Aaron Reardon, Snohomish County Executive Pete Kremen, County Executive Whatcom County Signature Date John Pennington, Director Snohomish County DEM AP ROVED AS TO FORM: CONTRACT FORM ONLY J I � � \ \) Ell: �_ , Reviewed and Approved: andall J. Watts �' Date Gordon W. Sivley 3 /15/10. Deputy Prosecuting Attorney Date Chief Civil Deputy Pr cutor Page 1 of 19 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Original receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the County. Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization of the County. Budget categories are as specified or defined in Exhibit C, the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the County's Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed. Invoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a timely manner may cause the County to hold all requests for equipment approval until invoices are submitted. Final Invoice 1 (shall not exceed overall contract amount, unless approved in writing by County's Key Personnel) Technical #/Copies Bi-Annual Progress Report Electronic Close Out Report Electronic NIMS Compliance Progress Reports Electronic No later than 30 days following the contract end date Due Date January 10 and July 10, of each year of the contract period No later than 30 days following the contract end date September 30 of each year of the contract performance period Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment, however the Contractor has up to 30 days after the contract end date to submit all final reports, invoices and/or deliverables. The Bi-Annual Progress Report and the Close-out Reports will be submitted electronically to the County utilizing the State EMD reporting template for the Region -wide submission to the Department. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Each party must notify the other of any substitution in writing. COUNTY: Tammy Jones, Region 1 Coordinator Bill Ekse, Region 1/UASI Coordinator CONTRACTOR: Doug Dahl, Whatcom Co. DEM Page 2 of 19 7 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to: Office of Management and Budget (OMB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments), A-102 (Grants and Cooperative Agreements with State and Local Governments), A-122 (Cost Principles for Non -Profit Organizations), A-133 (Audits of States, Local Governments, and Non -Profit Organizations), The Federal Emergency Management Agency's codified regulations, 44 Code of Federal Regulations (CFR), and the U.S. Department of Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedence over these requirements when local and state regulations are more stringent. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the purpose of enhancing the capability of state and local units of government to prepare for, prevent, deter, respond to, and recover from catastrophic incidents resulting from man-made and natural events. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of this contract. 2. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met. The Contractor is advised that all projects that involve disturbing earth, communication towers, physical security enhancements, new construction, renovation, and modifications to buildings and structures that are 50 years old or older require EHP review. All other projects, including training and exercise activities, must be evaluated to determine impact. If impact is identified they must also go through an EHP review. 3. The Contractor agrees that to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable guidance must be met. 4. Grant funds may not be used to replace or supplant existing funding. 5. The Contractor will provide a match of $0 of non-federal origin. 6. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. ARTICLE VI — PROCUREMENT AND FINANCIAL MANAGEMENT: 1. All sole source contracts over $100,000 must be reviewed and approved by the County prior to execution of a contract. This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' sole source justifications. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the County before the contract is executed. This requirement must be passed on to all of the Contractor's subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors' contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Copies of supporting financial documents and invoices must be provided by the Contractor prior to reimbursement (including EHP reviews if applicable). Originals must be made available upon request to the County, Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and Page 3 of 19 i packing slip or a statement signed and dated by the Contractor's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". 7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at.hftp://www.gsa.gov. ARTICLE VII — EQUIPMENT MANAGEMENT: 1. The Contractor or a Subcontractor shall submit all proposed equipment purchases to the County for submission to the Committee on Homeland Security, Subcommittee on Equipment to ensure that the requested equipment is on the Authorized Equipment List, is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. 2. The Contractor or Subcontractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in the applicable grant guidance 3. All equipment purchased under this contract, by the Contractor or a subcontractor, will be recorded and maintained in the Contractor's equipment inventory system, unless specific de -obligated funds are contracted directly between a county, or other entity, and the State, in which case the contracted county maintains the equipment records. 4. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized subcontractor/subgrantee for which a contract, subgrant agreement, or other means of legal transfer of ownership is in place. 5. The Contractor, or a recognized subcontractor/subgrantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 6. The Contractor shall maintain equipment records that include: a description of the equipment; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the equipment. 7. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 8. For the purpose of inventory and disposal of equipment purchased under this contract the 44 CFR Section 13.3 definition of equipment will be used. It defines equipment as a tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. 9. The Contractor shall take a physical inventory of the equipment and reconcile the results with the equipment records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 10. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, unauthorized use and theft of equipment, to include small and attractive items. Any loss, damage or theft shall be investigated and a report generated. 11. The Contractor will develop adequate maintenance procedures to keep the equipment in good condition. 12. If the Contractor is authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return. 13. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: Page 4 of 19 9 a. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal -sponsoring agency for its share. 14. Equipment purchased with funds from DHS grant programs should be marked with "Purchased with funds provided by the U.S. Department of Homeland Security" whenever possible. 15. As subgrantees of federal funds, the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all subcontractors, consultants, and subgrantees who receive pass -through funding from this contract. ARTICLE VIII — SUBRECIPIENT MONITORING The County will monitor the activities and equipment acquisition of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the County's monitoring activities will be to ensure that agencies receiving federal pass -through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial regulations. Monitoring activities may include: • review of performance reports and documentation of contract deliverables completion; • documentation of phone calls, meetings, a -mails and correspondence; • review of reimbursement requests to ensure allowablity and consistency with contract budget and contract deliverables; • observation and documentation of contract related activities, such as planning, exercises, training, funded events and equipment demonstrations; • on -site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables. As sub -grantees of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub -contractors, consultants, and sub -grantees who receive pass -through funding from this contract. Page 5 of 19 10 Exhibit A 2009 Subrecipinent . GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "County" shall mean Snohomish County, Washington, a political subdivision of the State of Washington, acting as the lead agency for Region One. Region One consists of Island, San Juan, Skagit, Snohomish and Whatcom Counties, including the federal recognized tribes within those counties. C. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient" shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. d. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. e. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. f. "Pass -Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." g. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). h. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. i. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. j "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements". k. "CFDA Number' — The five -digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. I. "CFR" — Code of Federal Regulations M. "OMB" — Office of Management and Budget n. "RCW" - Revised Code of Washington o "WAC" - Washington Administrative Code. Page 6 of 19 11 2. SUBRECIPIENT MONITORING a. The County and the Department, as a Recipient and/or Pass -Through Entity, receive federal financial assistance under federal programs and are charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub -award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). b. The Contractor shall perform under the terms of the contract and the County has responsibility for reasonable and necessary monitoring of the Contractor's performance. The County and the Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic Contractor reporting to the County, County review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once -a -year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The County and Department as the Recipient and/or Pass -Through Entity will conduct on -site visits as appropriate and required by contract for "for -profit" subrecipients, since the A-133 Single Audit does not apply to "for -profit" organizations. RECORDS, MONITORING AND AUDIT A a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records -The Contractor acknowledges that the County is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the County relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. C. The Contractor shall maintain all books, records, documents, data and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the County, the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contract, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. Page 7 of 19 12 d. Contractor shall provide right of access to its facilities and records to the County, the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select "Grants Management" followed by "Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to County or Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The County and the Department reserve the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the County and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Snohomish County - Department of Emergency Management Attn: Homeland Security -Regional Coordinator 3509 109th St. SW Everett, WA 98204 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the County reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. In the event that the County or the Department may be required to institute legal proceedings to enforce the recapture provision the County or the Department shall be entitled to recover its costs thereof, including reasonable attorney's fees, from the Contractor. Page 8 of 19 13 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug - Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The County and the Department are not responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the County may rescind, cancel., or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and. policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority -owned and/or women -owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the County or the Department all advertising and publicity relating to this contract wherein the County's or the Department's name is mentioned or language used from which the connection of the County's or the Department's name may, in the County's or the Department's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the County or the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the County or the Department for any purpose not directly connected with the administration of the County's or the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the County or the Department or as required by law. Page 9 of 19 14 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY Federal funds are the basis for this contract, therefore, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this contract shall be incorporated into this contract by reference. Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" which can be found at www.epls.gov. 13. CERTIFICATION REGARDING NIMS COMPLIANCE Federal funds are the basis for this contract, therefore the Contractor certifies it is in compliance with the NIMS requirements. If requested by the County, the Contractor shall complete and sign a certification regarding NIMS compliance. Any such form completed by the Contractor for this contract shall be incorporated into this contract by reference. Further, the Contractor agrees not to enter into any subcontracts related to this grant with any party that is not NIMS compliant. 14. LIMITATION OF AUTHORITY The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the person authorized by each party to execute this contract, or the delegate of that authorized person, which delegation shall be in writing and made prior to action by the delegate, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized persons. 15. CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the County or the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the County, the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the County, the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. If the Contractor is an individual currently employed by a Washington State agency, the County shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest' shall be submitted to the County. 16. NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 17. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the County. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the County or the Department for any breach in the performance Page 10 of 19 15 of the Contractor's duties. The County or the Department may request a copy of any and/or all subcontracts for work being completed under this contract. 18. CONTRACT MODIFICATIONS The County and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the County and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 19. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract 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. 20. ADVANCE PAYMENTS PROHIBITED The County shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the County in advance of delivery of such goods or services. 21. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 22. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the County or the Department copies of receipts for any travel related expenses other than meals and mileage that are authorized under this contract. 23. GOVERNING LAW AND VENUE; WAIVER OF IMMUNITY a. This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. The parties agree that any lawsuit arising out of or relating to the performance, breach or enforcement of this contract shall be first commenced in the Federal District Court for the Western District of Washington. In the event that the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the County and the Contractor, the parties agree to venue in the Superior Court of Snohomish County, Washington. The parties agree that the matter shall not be pursued in superior court unless there is a federal court determination that it lacks subject matter jurisdiction. b. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action shall be binding and enforceable upon the parties. C. The parties each hereby waive sovereign immunity as necessary to give effect to this section. This waiver is only for the benefit of the Contractor and the County, and shall not be enforceable by any third party or by any assignee or delegate of the parties. 24. LEGAL RELATIONS Each parry to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third patty. Page 11 of 19 16 25. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by the County and attached to the original contract. 26. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 27. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 28. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the County may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the County has no obligation to do so. 29. TERMINATION OR SUSPENSION FOR CAUSE In the event the County, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the County has the right to immediately suspend or terminate this contract in whole or in part. The County may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The County is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the County's discretion. Any time allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect. any other remedies available to the County. If the County allows the Contractor an opportunity to cure, the County shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the County, or if such corrective action is deemed by the County to be insufficient, the contract may be terminated in whole or in part. The County reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the County to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the County provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. Page 12 of 19 17 If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 30. TERMINATION FOR CONVENIENCE Notwithstanding any other provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the County's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the County, in its sole discretion and in the best interests of the County, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing of the notice to the Contractor. Upon notice of termination for convenience, the County reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the County provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 31.. TERMINATION PROCEDURES In addition to the procedures set forth below, if the County terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the County may require the Contractor to deliver to the County any property specifically produced or acquired for the performance of such part of this contract as has been terminated. If the termination is for convenience, the County shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the County prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the County for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the County, (iii) other work, services and/or equipment or supplies which are accepted by the County, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the County shall determine the extent of the liability of the County. The County shall have no other obligation to the Contractor arising from the termination. The County may withhold from any amounts due the Contractor such sum as the County determines to be necessary to protect the County against potential loss or liability. , The rights and remedies of the County provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the County in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; C. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the County has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the County to the extent the County may require, which. approval or ratification shall be final for all the purposes of this clause; Page 13 of 19 e. Transfer title to the County and deliver in the manner, at the times, and to the extent directed by the County any property which, if the contract had been completed, would have been required to be furnished to the County; Complete performance of such part of the work as shall not have been terminated by the County in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the County may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the County has or may acquire an interest. Page 14 of 19 19 Exhibit B Statement of Work FFY 2009 State Homeland Security Program INTRODUCTION: The Washington State Military Department Emergency Management Division's (Department) Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to prepare for, prevent, protect against, respond to and recover from terrorist attacks and other major disasters through the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA). The FFY09 State Homeland Security Program is providing funds to enhance the capability of state and local units of government to make measurable progress towards the achievement of the National Preparedness Guidelines by addressing the unique exercise, training, planning, organization, equipment, and administration needs of local emergency responders; to strengthen improvised explosive device (IED) attack deterrence, prevention, and protection capabilities; and to strengthen preparedness planning. Washington State is subdivided into nine (9) Homeland Security Regions. Within each of the nine regions a Regional Homeland Security Coordinating Office (RHSCO) has been identified. Snohomish County Department of Emergency Management is the Region 1 RHSCO. Snohomish County Region 1 consists of Snohomish County, Skagit County, Island County, Whatcom County and San Juan County, and the tribal governments located within the established region. Whatcom County - Emergency Management (herein known as the Contractor) agrees to the following. GENERAL PROGRAM REQUIREMENTS: 1. Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds. The implementation of the projects or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region. 2. Activities under this contract must have a clear correlation to the goals, objectives, and priorities identified in the Washington State Strategic Plan and corresponding Investment Justifications submitted in the FFY09 grant application. 3. Plan and implement equipment purchases, exercises, training, planning and management & administration activities in accordance with the FFY09 Homeland Security Grant Program Guidance, which can be found at http://www.fema.Qov/government/aranVhsgp/index.shtm, as well as all subsequent policy changes. 4. Ensure that all subcontractors and subgrantees are in compliance with the FFY09 Homeland Security Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Provide the County any requested expenditure details to assist in the timely submission of the Region 1 Bi-Annual Strategy Implementation Report (BSIR), to the County via e-mail address: Bill. Ekse(a)co.snohomish.wa.us or Tammy. Jones(a)-co.snohomish.wa.us 6. Submit a Bi-Annual Progress Report to the County via e-mail address: Bill. Ekse(fto.snohomish.wa.us or Tam my.Jones(a)co.snohomish_wa.us as required in the contract Reporting. 7. Submit at a maximum monthly and a minimum quarterly, signed and approved, invoice vouchers with copies of supporting documents (vendor invoices, timesheets, cost reports) and a EMD Reimbursement Spreadsheet to the County for costs incurred, and EHP approvals if applicable. 8. If purchasing equipment, the Contractor must meet the following requirements: • Equipment must be in compliance with the FEMA Authorized Equipment List (AEL), as detailed at: hftp://www.rkb.us/. • Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf. This will necessitate an amendment to the County's contract with the Department, so prior written approval by the County is required. If approved, the Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor. • Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements". Page 15 of 19 20 9. Exercises that are implemented with grant funds must meet the requirements of the FFY09 Homeland Security Grant Program Guidance, be threat and performance based, and should evaluate performance of critical prevention and response tasks required of the exercise scenario. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the FEMA portal within 60 days of completion of the exercise. Reimbursements for exercise related expenditures can not be made until this requirement has been met. 10. The FFY09 SHGP grant stipulates the following caps, thresholds and limitations. These limitations were established by DHS and incorporated into the County's FFY09 SHGP contract award. These limitations were considered when establishing the Contractor's budget. • A minimum of 25% of the contract award must be spent on preparedness planning activities. • A minimum of 25% of the contract award must be spent on law enforcement terrorism prevention activities. • Costs which qualify for both the preparedness planning/IED minimum requirement and the Law Enforcement terrorism prevention activities minimum requirement may be counted against both requirements. • Limitations on personnel costs, which includes sustainment, consultants, instructors, overtime and backfill (salary cap) were established by DHS and incorporated into the County's FFY09 SHGP contract award. • Management and Administration expenditures are limited to 3% of the total contract award. CONTRACTOR TASKS: 1. Manage and administer the FFY09 SHSP Grant Program activities in accordance with the 25% earmarking thresholds, salary cap and other limitations to successfully meet the requirements and intent of the FFY 09 SHSP grant within Region One. 2. Attend and participate in the Region One Council meetings. 3. Prepare Contractor invoice vouchers and submit them to the County in accordance with the General Program Requirements (Exhibit B) and Budget (Exhibit C). 4. The Contractor may not request reimbursement for personnel costs in excess of the Budget (Exhibit C) unless pre -approved by the County in writing. 5. Report accomplishments on project deliverables, which include documentation of expenditures that meet the grants earmarking thresholds. Additional project deliverables if applicable may include but are not limited to: a. NIIMS/NIRP compliance and implementation; b. Regional Coordination preparedness, prevention, response and recovery plans and annex updates; C. Incident Management Teams plans and procedures, participants, trainings, exercises and interlocal agreements completed; d. Interoperability Communications equipment purchased, installed, trainings conducted and exercises completed; e. Outreach provided and number of contacts reached; f. Trainings completed and number of participants trained; g. Exercises completed and number of participants; h. Equipment purchased. 6. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. THE COUNTY AGREES TO: 1. Assist the Contractor to successfully meet the requirements and intent of the FFY 09 SHSP grant. 2. Provide technical assistance, expertise, and coordination with the Department and DHS where necessary. 3. Prepare Regional invoice vouchers (State invoice form A-19) and submit them to the Department and reimburse the Contractor no later than 15 days from the County's receipt of reimbursement from the Department. Page 16 of 19 21 PLANNING TRAINING Whatcom County - DEM BUDGET SHEET IFFY 2009 State Homeland Security Program Salaries & Benefits $ 109,000 Consultants/Sub-Contracting $ 27,413 Goods & Services $ 10,000 Travel & Per Diem $ - Pass Thru Total Planning $ 146,413 Salaries & Benefits $ Overtime Consultants/Sub-Contracting $ - Goods & Services $ 20,000 Travel & Per Diem $ - Pass Thru Total Training $ 20,000 EXERCISE Salaries & Benefits $ - Overtime Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru Total Exercise $ - MANAGEMENT & ADMINISTRATION EQUIPMENT Salaries & Benefits $ - Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ - Total M&A $ - Total Equipment $ 106,412 Total Budget $ 272,825 Exhibit C r1. Federal grant program requirements affirm thatfederal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. r2• Expenditures may only occur within the categories and sub -categories listed above. However, cumulative changes of up to 10% of the total contract award can be m ade without prior approval from the County (unless otherwise restricted). Changes that exceed 10% will require the Contractor subm it a budget change request to the County for approval. r3- Salaries & Benefits are restricted, and will be limited to meet the Region 1 approved personnel cap. F4. Manaaement and Administration (M&Al expenditures are restriced. M&A reimbursement must be approved by the County in writing. Page 17 of 19 22 Bi-annual Progress Report — Page 2 Project Report Form - Rolling Progress Please address the following items in the designated reporting period box below (as applicable) • Explain significant successes or challenges to date; • Explain significant challenges that can be foreseen for the future; • Explain issues expected to prevent completion of projects by the contract end date; • Explain deviations from established project plan milestones & funding sources and their impacts. Project Reporting Period 1 Contract execution - June 2010 Progress to Date Due 7/10/2010 Project Reporting Period 2 July 2010 — December 2010 Progress to Date Due 1/10/2011 Project Reporting Period 3 January 2011 — June 2011 Progress to Date Due 7/10/2011 Project Reporting Period 4 - Closeout July 2011— October 2011 Progress to Date Due 11/30/2011 Page 19 of 19 24 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-174 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Lynne Givler LG 3130110 � E V U U APR 0 0 2010 4/ 13/ 10 in. /Council Division Head: Dept. Head: Mike - 3�3,^! McFarlane _ WHATCOM COUNTY COUNCIL Prosecutor: Lj _ Purchasing/Budget: h� Executive: LYP 0 TITLE OF DOC ENT. Residential Lease Agreement with David and Sharon McCarthy to lease the house at 811 Marine Drive, Point Roberts in Lighthouse Marine Park. ATTACHMENTS. Residential Lease Agreement SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (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 David and Sharon McCarthy to lease the house located at 811 Marine Drive, Point Roberts in Lighthouse Marine Park. The fee for this Agreement is $864.06 plus leasehold tax (12.84%) of $110.94 for a total of $975.00 per month. 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. 25 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. oZ 01 o a Originating Department: Parks & Recreation Contract Administrator: Lynne Givler Contractor's /Agency Name: David and Sharon McCarthy 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 $975.00 per month 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 $ supporting memo for approval. Total Amended Amount: Scope of Services To grantpermission to David and Sharon McCarthy to lease the house at 811 Marine Drive, Point Roberts in Lighthouse Marine Park. Term of Contract: April 1, 2010 —March Expiration Date: March 31, 2011, then month to month tenancy. 31, 2011 Contract Routine Steps & SiQnoff.` [sign or initiall [indicate date transmitted 1. Prepared by: lgivler Date 3130110 [hard copy] 2. Attorney reviewed: ! Date [hard copy] 3. AS Finance reviewed. , Date 1 [hard copy] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date Z Contractor signed: Date 3119110 _McCarthy 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 26 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive Michael McFarlane Director RECEIVED APR 1 2010 PETS KREMEN COUNTY EXECUTIVE FROM: Michael McFarlane, Director RE: Residential Lease Agreement with David and Sharon McCarthy DATE: March 30, 2010 Enclosed are two (2) originals of the Residential Lease Agreement between David and Sharon McCarthy and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose To grant permission to David and Sharon McCarthy to lease the house located at 811 Marine Drive, Point Roberts in Lighthouse Marine Park from April 1, 2010 to March 31, 2011. After one year this agreement will turn into a month -to -month tenancy. ■ Funding Amount and Source Funds under this agreement will be $975.00 a month ($864.06 plus $110.94 leasehold tax of 12.84%). ■ Differences from Previous Contract NA Please contact Lynne Givler at extension 32073, if you have any questions or concerns regarding the terms of this agreement. Encl.: Two originals of Residential Lease Agreement 27 WHATCOM COUNTY CONTRACT NO. RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT, dated as of March 1 vl , 2010, 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 DAVID McCARTHY and SHARON McCARTHY as the "Tenant." hi consideration of the covenants and agreements hereinafter set forth, the Landlord does hereby lease to Tenant those certain premises situated at 811 Marine Drive, Point Roberts, County of Whatcom, State of Washington, particularly described as follows: three -bedroom home in Lighthouse Marine Park for a term of one year commencing on April 1, 2010 and ending on March 31, 2011, upon the following terms and conditions. RENT: Tenant shall pay monthly rent in the amount of $975.00 ($864.06 plus $110.94 leasehold tax of 12.84%) in advance on or before the first day of each month to the Landlord or to such other. person(s) as Landlord from time to time designates in writing. hi the event Tenant terminates this lease before its expiration date, Tenant will be responsible for paying rent for the next three months or until the end of the term whichever is shorter, unless a new Tenant is selected and begins paying rent within the three month period. 2. UTILITIES: Tenant shall pay for all services and utilities supplied to the premises. Separate water and power meters will track usage at the premises. Parks will record readings monthly and bill Tenant monthly according to actual use. Payment will be due upon receipt of invoice. 3. DAMAGES, CLEANING AND SECURITY DEPOSIT: Tenant has paid a deposit in the amount of $975.00, receipt of which is hereby acknowledged, which shall be deposited by Landlord in a trust account with Key Bank, and which shall not be considered by Tenant to be the last month's rent. Of this deposit, none shall be retained by Landlord as a non-refundable cleaning fee. Upon termination of this tenancy, all or a portion of the remainder of this deposit may be retained by Landlord, and any refund to the Tenant is conditioned as follows: 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. b. Tenant shall have occupied the premises for a minimum of six months or longer. c. Tenant shall have returned to Landlord all keys provided during the tenancy. A charge of $10.00 will be assessed for each key not returned by Tenant. d. Tenant shall have cleaned and restored premises to its original condition. at commencement Residential Lease Agreement - Page l r: 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 retaining any or all of the deposit together with the payment of any refund due. 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. 5. TENANT OBLIGATIONS: Tenant agrees as follows: a. To pay all rent and other charges promptly when due. A late charge of $75.00 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 extermination 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 permit 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. Residential Lease Agreement - Page 2 we 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. m. 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 thirty (30) days written notice. q. To provide and maintain receptacles for garbage and trash. r. In the fenced area that surrounds the premises: to mow the grass and lawn, and keep the grass, lawn, flowers and shrubbery in good order and condition. 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 permitted of any vehicles and/or trailers, of any type, upon grass or lawn. Tenant is allowed no more than two motor vehicles at the premises and 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. Residential Lease Agreement - Page 3 30 6. TERMINATION: This agreement shall terminate on March 31, 2011. If at that time the parties have not renegotiated a new lease and the Tenant remains in possession of the residence past that date, then this agreement shall turn into a month -to -month tenancy under all the terms and conditions which existed during the period this lease agreement was in effect. After this one-year lease terminates, the month -to -month tenancy 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. SUBLETTING AND ASSIGNMENT: Tenant agrees not to sublet the premises nor any part 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 attorneys 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) Two keys were provided to the Tenant. 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 term of this Agreement, rent shall be abated until such date as possession of the premises is tendered by Landlord, and in all other Residential Lease Agreement - Page 4 31 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. 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. TE T David McCarthy 4c- Sharon McCarthy 3)Y-Z/37d Telephone Number STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM ) On this t'1' Jay of AUMIL &$/,,4eQfore me personally appeared and hr to me known to be the individuals) describe 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. v!. Given under my hand and official seal this �—day o SORIArRg"%, N0 44qy HZtic Z 20%D. NOTARY PUBLIC in and ff�r t eAte of shington, residing at `i7& ��E' De %� d1 l My Commission expires: C)6-0?' -21) /Z Residential Lease Agreement - Page 5 32 Executed as of the date first written above. I I ""W 171 ' 1 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�ARKS & RECREATION DEPARTMENT APPROVED AS TO FORM: Deputy Prosecu ' Attorney Residential Lease Agreement - Page 6 33 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-175 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 4/02/10 R" E C E � V E D 4/13 0 Fin/Council Division Head: APR 0 6 2010 1tvHATCOM COUNTY COUNCIL Dept. Head. Prosecutor. Purohasin /t3ud et: I x6& I4/02/10 Executive: VMENT:Ap Ag; d TITLE OF DOC rdval to Award Bid 10-15, On -Call Contractor/Equipment List ATTACHMENTS: Memos from Finance SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works River Flood Division is requesting County Council and Flood Control Zone District Board of Supervisors approval to award Bid 10-15 the On -Call Contractor/Equipment List. The intent of this bid is to obtain firm pricing and ensure prevailing wages are paid on all on -call projects. Public Works is requesting approval to award to all 23 names on the list and obtain approval to enter into contracts with each of the responsive bidders. The Contractors would only be used if a specific need arose. It is possible that more than $35,000 could be spent with a single vendor. COMMITTEE ACTION: COUNCIL A CTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 34 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 �GpM COG 3� < �Q-T INc���� DATE: 2 April 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 10-15, On -Call Contractor/Equipment List FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager BACKGROUND The purpose of this bid is to establish prices and identify firms and individuals that are interested in providing labor and rental of construction equipment to the County on an on -call basis, and to ensure prevailing wages will be paid in accordance with State law. It is intended that this list will be used for various Public Works River & Flood Division projects and be available in a flood emergency. The following list is of the responsive and responsible bids that were submitted on Tuesday March 16. A list of available equipment and labor rates is attached. Public Works is requesting approval to enter into contracts with each of the firms in order to obtain firm labor and equipment rental rates for the period of April 2010 through March 31, 2011. Firms will only be used on an as needed basis. When a need arises, the County will select an appropriate firm from the list, based on equipment availability and suitability, with preference to low bidders. Amos Excavating C&B Construction Cascade Clearing Courtney Excavating Fraser Sand & Gravel Haines Tree & Spray Haner Road Construction Harkness Contracting Drake Harkness Trucking Iverson Earthworks Kirby's Trucking Lummi Island Construction P&P Excavating Pacific Brush Cutting Peterson Repair & Trucking Semiahmoo Brush Cutting Sicklesteel Cranes Siper Quarry Solid Rock Excavating DL Sorenson Const Tiger Construction Western Refinery Services Mark White Enterprise It is possible that more than $35,000 could be spent with a single vendor. Public Works is requesting award to the multiple bidders as listed, upon approval by the County Council and Flood Control Zone District Board of Supervisors. Public Works is also requesting approval at this time to enter into contracts with each of the above vendors. I concur with the recommendation. Administrative Services Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (3C15738-4555 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 1. GRAVEL DUMP TRUCKS WITH OPERATOR ! `FF � c�..'Y �T $ � l`y5�`' �Z'� � �l1gl < Qom'' �"EE.��„ "'• fqul'� Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 10 16 2 $75,00 $85.00 Haner Rd Const. 595-2497 / 661-6372 Cell Location: Sedro Woolley, WA 10 11 1 $85.00 $95.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme, WA 10 12 2 $88.00 $110.00 Drake Harkness Trucking 592-2790 / 961.4022 Cell Location: Deming, WA 10 14 1 $90.00 $105.00 Kirby's Trucking 815-7584/966-1150 Location: Everson, WA 10 15 1 $95.00 P&P Excavating LLC 592-5374 / 815-4473 Cell Location: B'ham, WA 10 12.5 2 $85.00 Siper Quarry 592-3500 / 410-8625 Cell Location: Everson, WA 10 12.5 2 $85.00 Sorenson Const. 966-2628 10 13.5 3 $80.00 $95.00 Location: Everson, WA 10 14 2 $85.00 $100.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson, WA 10 3 $90.40 $103.92 Western Refinery Services 366-3303 / 815-5182 Cell Location: Femdale, WA 10 12 Au 7 $90.00 $110.00 12-YARD 4-AXLE DUMP TRUCKS HOURLY;.... ... HOURLY BIDDER; PHONE YARDAGE PAYLOAD UNITS . Equip WIOp OT.. Mike Amos Excavating 815.4172 Location: B'ham, WA 12 15 1 $87.00 $87.00 Columbia Valley 988-8592 Location: Sumas, WA 3 $95.00 Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 12 16 2 $75.00 $85.00 Harkness Contracting 595-1128 / 815.4525 Cell Location: Acme, WA 12 15 1 $89.00 $115.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer, WA 12 55,500 5 $85.00 Page 1 36 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR a Kirby's Trucking 815-7584/966-1150 Location: Everson, WA 12 15 1 $95.00 P&P Excavating LLC 592-5374/8154473 Cell Location: B'ham, WA 12 15.5 5 $90.00 Peterson Repair & Trucking 733-1843 / 739-0766 Cell Location: B'ham, WA 12 15 3 $99.50 Siper Quarry 592-3500 / 410-8625 Cell Location: Everson, WA 12 15.5 5 $90.00 Sorenson Const. 966-2628 12 17 2 $85.00 $100.00 Location: Everson, WA 12 15 2 $85.00 $100.00 12 16 2 $90.00 $105.00 12 17 2 $95.00 $110.00 Tiger Construction 966-7252 1815-6203 Cell Location: Everson, WA 12 3 $94.80 $108.32 Western Refinery Services 366-3303 / 815-5182 Cell Location: Femdale, WA 12 13-15 4 $95.00 $115.00 Mario White 592-2923 / 8154331 Cell Location: Deming, WA 12 15.6 1 $90.00 DUMP TRUCK 9 PONY TRAILER. ..:. HOURLY HCIURLY. BIDDER, PHONE YARDAGE PAYLOAD UNITS ' Equip WIOp Of Mike Amos Excavating 8154172 Location: Rham, WA 18 25 1 $97.00 $97.00 Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 24 35 2 $90.00 $100.00 Harkness Contracting 595-1128 / 8154525 Cell Location: Acme, WA 18 1 $95.00 $125.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer, WA 22 98,000 2 $105.00 Kirby's Trucking 815-7584/966-1150 Location: Everson, WA 20 30 1 $110.00 P&P Excavating LLC 592-5374/815- 473 Cell Location: B'ham, WA 22 30 2 $115.00 Peterson Repair & Trucking 733-1843 / 739-0766 Cell Location: Rham, WA 24 32 5 $115.00 Page 2 37 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR '. �' y ?i.C� F Y�l,• L � �';;�2J� y 0...':y�$ �' '\,•.. e ,, �.. i _}. �- �� �� ��I�,ER;�.NE��, '�T Ev; g �✓ _ �'r-r�i" I Sipes Quarry 592-3500 / 410-8625 Cell Location: Everson, WA 22 30 2 $115.00 Sorenson Const. 24 33 2 $95.00 $110.00 966-2628 24 33 2 $100.00 $115.00 Location: Everson, WA 22 31 2 $105.00 $120.00 24 33 2 $110.00 $125.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson, WA 20 3 $101.40 $114.92 Western Refinery Services 366-3303 / 815-5182 Cell Location: Ferndale, WA 30-33 4 $105.00 $125.00 END:DUMPTUBS I AEATERTFJi<1N�3-YARDS) 2? 7 HOURLY HU 'Y BIDDER, SHONE : •YARDAGE" :. PAYLOAD ' UNIT$ ':;' Equip WIOp Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 50 28 1 $85.00 $95.00 30yd Dump Truck 30 16 2 $75.00 $85.00 Dump & Pony Trailer 60 35 2 $90.00 $100.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme, WA 50 1 $105.00 $120.00 MI SCELLANEOUS, $IDDER,'PHONEHOURLY: HOURLY MAKE & MODEL YARDAGE PAYLOAD', --'UNITS.' Equip WIOp OT Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer, WA 8 Axle Truck & Transfer 24 . 105,500 3 $115,00 Peterson Repair & Trucking 733-1843 / 739-0766 Cell Location: Rham, WA 14 yd Dump Truck 14 18 2 $99.50 22 yds Transfer Units 22 33 3 $117.00 Page 3 38 WC BID 910-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 2. ROCK DUMP TRUCKS WITH OPERATOR �',; Srl'"�+r� /7� 's� ,,f-6..'•y�'l'�q�SF i"r:�'t - s:',-fi �a-, ,sr '4...�-`$.`u '1 "S Y 'k,. '•b y g.4 -, „z '%k �' j;i { c ,t. §' F C.}L �t�.w� ��V �rv'�' atzaRgD14GE�PJ471;OAi)���QR)- 4.: �id'3 C�:..: ..�. ...,.. �Sv S ..,;rt 1��� � �. ('•"4 �S Haner Rd Cont. 595-2497 / 661-6372 Cell Location: Sedro Woolley, WA 10 11 1 $85.00 $95.00 Harkness Contracting 595-1128 / 8154525 Cell Location: Acme, WA 10 12 2 $93.00 $110.00 Drake Harkness Trucking 592-2790 / 9614022 Cell Location: Deming, WA 10 14 1 $95.00 $110.00 Kirby's Trucking 815-7584/966-1150 Location: Everson, WA 10 15 1 $95.00 Sorenson Const. 966-2628 Location: Everson, WA 10 12 1 $85.00 $100.00 12 -_ YARD 41-AXLE DUMP TRUCK s ;BIDDER, PHONE .. YARDAGE PAYLOAD UNRS Pquip W Mike Amos Excavating 815-4172 Location: Rham, WA 12 15 1 $87.00 $87.00 Harkness Contracting 595-1128 / 8154525 Cell Location: Acme, WA 12 15 1 $94.00 $115.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer, WA 12 55,500 2 $85.00 Kirby's Trucking 815-7584/966-1150 Location: Everson, WA 12 15 1 $95.00 P&P Excavating LLC 592-53741815- 473 Cell Location: Rham, WA 12 15.5 3 1 $90.00 Peterson Repair & Trucking 733-1843 / 739-0766 Cell Location: B'ham, WA 12 14 2 $99.50 Siper Quarry 592-3500/410-8625 Cell Location: Everson, WA 12 15.5 3 $90.00 12-YARD 4-AXLE DUMP TRUCK.. HOURLY HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS Equip W/Op OT . Sorenson Const. 966-2628 12 15 2 $90.00 $105.00 Location: Everson, WA 12 15 1 $95.00 $110.00 END DUMP TUBS (GREATER THAN 15-YARDS) HOURLY. HOURLY BIDDER, PHONE YARDAGE PAYLOAD UNITS Equip W/00. OT Harkness Contracting 595-1128 / 8154525 Cell Location: Acme, WA 50 1 $110.00 $125.00 Page 4 39 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR "C3L" 'Ss .,..f Peterson Repair & Trucking 733-1843 / 739-0766 Cell Location: B'ham, WA 22yd 8-axle Dump Truck & Pony Trailer 22 32 1 $115.00 GROUP 3, SIDE DUMP TRUCK WITH OPERATOR P&P Excavating LLC 592-5374/8154473 Cell Location: B'ham, WA 22 31 2 $110.00 $115.00 Siper Quarry 592-3500 / 410-8625 Cell Location: Everson, WA 4 Axle Truck; 4 Axle Sidedurnp 22 31 2 $110.00 $115.00 Western Refinery 366-3303 / 815-5182 Cell Location: Femdale, WA 4 Axle Truck with 3 Axle Side Dump 22 27.5 1 $110.00 $130.00 GROUP 4, SEMI -BOTTOM DUMP TRUCKS WITH OPERATOR 18-YARD BELLY. DUMP 2-AXLE TRAILER :. BIDDER; PHONE YARDAGE.' PAYLOAD ` UNITS Equip W10p Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 18 28 1 $85,00 $95.00 Harkness Contracting 595-1128 / 815-4525 Cell Location: Acme, WA 18 2 $110.00 $125.00 P&P Excavating LLC 592-5374/815-4473 Cell Location: B'ham, WA 18 22 2 $110.00 $115.00 Siper Quarry 592-3500 / 410-8625 Cell Location: Everson, WA 18 22 2 $110.00 $115.00 20-YARD BELLY DUMP 3-AXLE TRAILER No Vendors Available END DUMP TUBS TMI& S) No Vendors Available MISCELLANEOUS No Vendors Available Page 5 40 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 5. OFF -ROAD TRUCKS r� �� �� ' '�s�,C"t '�F'.�an�'� iS�'Sw`�`i • fi ..� �� ` �r/�� (v' ��T���`�t` �� � Y".k. .�i '"*,� ..lv y? ��.� ; � 111� �'1 v�� : ' i �;�SIDDER,4�NE; .: � x�� �.,�,�,`'� � s � � � '� z'�":�l�4iiD�A�E�'.�-��L•O�kl��-BNITS. �,�ri e lii 10 P&P Excavating LLC 592-5374/8154473 Cell Location: B'ham, WA 22 30 3 $125.00 $135.00 Sorenson Const. 966-2628 Location: Everson, WA Volvo A30 20 30 1 $150.00 $173.00 Volvo A35 23 35 1 $165.00 $188.00 CAT 725 17 25 1 $150.00 $173.00 CAT 730 20 30 1 $150.00 $173.00 CAT 735 23 35 1 $160.00 $183.00 CAT 740 30 40 1 $170.00 $193.00 No Vendors Available RUBBEWTRACKE611311MPTRtiCK. _ , r ;: ':::`: ,:: 7 ` HOURLY HOURLY BIDDER; PHONE , YARDAGE PAYLOAD UNITS Equip W10p OT., ,. Mike Amos Excavating 815•4172 Location: B'ham, WA 4 5 1 $90.00 $90.00 P&P Excavating LLC 592-5374/8154473 Cell Location: B'ham, WA 5 8 1 $100.00 $110.00 Mark White 592-2923 / 8154331 Cell Location: Deming, WA 5 1 $100.00 GROUP 6. FRONT END LOADER WITH OPERATOR 2-Cubic Yard. BIDDER, PHONE TRACK/ WHEEL HOURLY HOURLY_ MAKE &MODEL TIRE WEIGHT BASE `; UNITS MOBILIZATION Equip WIOp OT -: Sorenson Const. 966-2628 Location: Everson, WA CAT 924 Tire 1 $95.00/hr $110.00 $133.00 Western Refinery 366-3303 / 815-5182 Cell Location: Ferndale, WA JD 344 wfforks Tire 20,000 8'6" 1 1 $90.00 $100.00 $120.00 3-Cubic Yard BIDDER, PHONE TRACK/ WHEEL HOURLY ; .-HOURLY MAKE & MODEL TIRE WEIGHT BASE UNITS MOBILIZATION Equip W/00._ OT Sorenson Const. 966-2628 Location: Everson, WA Fiat - Allis 6458 w/GP BKT w/teeth Tire 1 $95.00/hr $100.00 $123.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson, WA CAT 950 Loader Tire 1 $150.00 $122.72 $155.00 Western Refinery 366-3303 / 815-5182 Cell Location: Ferndale, WA JD 444 wfforks Tire 23,000 8'6" 2 $90.00 $105.00 $125.00 rage to 41 WC BID #10.15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR ' HI.�;• r � � �.MINIS. .. Iverson Earthworks 366-34761739-2446 Cell Location: Custer, WA JD 644 E Tire 40,000 10'8' 2 $120.00 $115.00 Sorenson Const. 966-2628 Location: Everson, WA $115.00mr+ Hyundai 760 w/GP BKT & Forks Tire 1 Permits/Pilots $120.00 $143.00 Western Refinery 366-3303 / 815-5182 Cell Location: Femdale, WA Kawasaki 65-Z (3.5c w/forks Tire 26,000 9' 1 $90.00 $110.00 $130.00 Y: - HONE � :.TRACKI_. �� --.:`tIYM E ^, •:_. ,.:.:. s;: $"� -_ - ter:+-=:>.-;c:5 .. ..,. w.: .: Vic,. .. .- ..-.a<. _::; +. ,„77• _ .. < ..... _ -'-- -.. .. —_ .. _ _ r ..� .:. TIRE,::-' .'WEIGHT":<:,VASE- --r .: UNITS :;..:;:':: ;MOBILISATION': '>:>.` E ufpW/Op, : `f.;:<''0 Sorenson Const 966-2628 Location: Everson, WA $115.00/hr + CAT 966H Tire 1 Permits/Pilots $170.00 $193.00 MI LLANEOUS: . '13I0DER:PHONE. ,.... ._. ' _..: TRACKI:.' ; .:,;-` `.::` 'WHEEL-_ ..- ., : _:. .. .`' .:.- .:.. ::.:.- ::'` :`:`HOIiRLx: _:- MAKE &`MODEL TIRE WEIGHT , : `;BASE UN ; :' MOBILIZATION Equip W/Op , Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 980C 7 cu yds Tire 65,000 17' 1 $50.00 $115.00 $135.00 Sorenson Const. 966-2628 Location: Everson, WA CAT 972H - 5.5 Tire 1 $115.00/hr + Permits/Pilots $175.00 $198.00 CAT 980H - 7.5 cy Tire 1 $115.00/hr +Permits/Pilots $180.00 $203.00 Page 7 42 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 7. DOZERS WITH OPERATOR -gwv r Y-S...yy � �' �'.-�A'.a •{A�t 'S; 'S"�F yx. c�r� ,aj' �,"` �' `ems,.. _ a 2� h� _vo st ry r� Y s � J�IOBI IOD ��r UNITS -� iIPPERS� Mike Amos Excavating 815-4172 Location: B'ham, WA John Deere, 450 LTC 1 No $87.00 $80.00 $80.00 Courtenay Excavating Inc 319-9737 Location: Deming WA John Deere 550 1 No $100.00/hr $90.00 $90.00 P&P Excavating LLC 592-53741815- 473 Cell Location: B'ham, WA 2withl D-3 JD450; JD550 4 2without $110.00 $90.00 $100.00 Sorenson Const 966-2628 Location: Everson, WA CAT D-3 wlBrush Rake 1 No $95,00/hr $85.00 $108.00 CAT D-3 wlBrush Rake 1 No $95.00/hr $90.00 $113.00 CAT D-3C LGP wl pyramid grousers 2 No $95.00/hr $100.00 $123.00 CAT D-3G 1 No $95.00/hr $100.00 $123.00 CAT D-3G LGP 1 No $95.00/hr $105.00 $128.00 Tiger Construction 966-72521815-6203 Cell Location: Everson, WA D-3-C CAT Dozer 1 No $150.00 $103.00 $135.00 D-6 DOZER BIDDER, PHONE HOURLY HOURLY MAKE B<MODEL UNITS RIPPERS MOBILIZATION '. Equip OT Cascade Clearing 966-41821815-0351 Location: Bellingham, WA D61-1 LGP 1 No $300.00 $110.00 $110.00 Harkness Contracting 595-112818154525 Cell Location: Acme, WA Case 1150 1 Yes $100.00mr $105.00 $125.00 Sorenson Const. 966-2628 Location: Everson, WA CAT D-6K 1 No $150.00/hr $120.00 $143.00 CAT D-6K LGP 1 No $1501hr+pilots, permits $125.00 $148.00 CAT D-6N 1 No $1501hr+pilots,permits $130.00 $153.00 CAT D-6N LGP 1 No $1501hr+pilots,permits $135.00 $158.00 CAT D-6T LGP 1 No $1501hr ilots, permits $175.00 Tiger Construction 966-72521815-6203 Cell Location: Everson, WA D-6-D CAT Dozer 1 No $200.00 $123.82 $156.00 Page 8 43 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR `8 0.1 - IN Cascade Clearing 966-4182 / 815-0351 Cell Location: Bellingham, WA D8N 1 Yes $450.00 $180.00 $180.00 Sorenson Const. 966-2628 Location: Everson, WA CAT D-81-1 I Yes $150/hr + pilots/permits $150.00 $173.00 ... . .......... - L ANEO, US, L "'A", � "I", .,- , _ ' 'N - . ' �Aft H01.1W -'O 45 'MAKE-,& MQDJEI*�V--Z'- R"ER&;F" MOBILIZATION 141 'wp0--p--!T Cascade Clearing 966A 182 / 815-0351 Location: Bellingham, WA D5 TSK D5H Grapple 96' 1 No $250.00 $110.00 $110.00 Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA 650H John Deere 1 No $50.00 $95.00 $115.00 Haner Rd Const. 595-2497 / 661-6372 Cell Location: Sedro Woolley, WA JD-750 John Deere 1 No $11 0/hr + Permits $100.00 $110.00 Iverson Earthworks 366-3476 / 739-2446 Cell Location: Custer, WA JD 550 1 Yes $120.00 $90.00 Jill) 650 G w/ winch & Brush Rake 1 No $120.00 $95,00 P&P Excavating LLC 592-5374/815-4473 Cell Location: B'ham, WA CAT D-9 1 Yes $650.00 $200.00 $220.00 Sorenson Const. 966-2628 Location: Everson, WA Mitsubishi BD2G wl rubber track D-2 1 No $95/hr $100.00 $123.00 CAT D-4C 1 No $95/hr $95.00 $118.00 CAT D-4CXLlil 1 No $95/hr $100.00 $123.00 CAT D-4G 1 Yes $95/hr $102.50 $125.00 CAT D-4G LGP 1 No $95/hr $110.00 $133.00 CAT D-5G I No $95/hr $110.00 $133.00 CAT D-5G LGP 1 No $95/hr $115.00 $138.00 CAT D-5N 1 No $95/hr $120.00 $143.00 CAT D-5N LGP 1 No $95/hr $125.00 $148.00 CAT D-7T LGP 1 No $150/hr + pilots,permit $210.00 $232.87 Western Refinery 366-3303 / 815-5182 Cell Location: Ferndale, WA D-4 LGP CAT LGP Pyramid pad w/cab I No $100.00/hr $100.00 $120.00 Mark White 592-2923 / 815-4331 Cell Location: Deming, WA Dresser TD8G 1 No $105.00 $85.00 Page 9 44 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 8. EXCAVATOR WITH OPERATOR fs'1' 44'�'i�`@�i `H' �'.ci`r_ fiy�'jy�•.�•,21? i, " � `Y�i7 /�(,��/� � � _ Mike Amos Excavating 815-4172 Location: B'ham, WA Kobelco 70 19,000 1 Yes 1/4 d tilt 7,000 16, $87.00 $85.00 $85.00 Cascade Clearing 966-4182 1815-0351 Location: B'ham, WA Hitachi 230 55,000 2 Yes 21/4 22,000 25' $275.00 $130.00 $130.00 Hitachi 220-65' long Reach 55,000 1 No 3/4 55' $275.00 $180.00 $180.00 EX60 16,000 1 Yes 1/2 12' $100.00 $85.00 $85.00 Courtenay Excavating 319-9737 Location: Deming, WA Hitachi EX120 28,000 1 Yes 2',3',4.5' $100.00 $110.00 $110.00 Kubota 121 9,500 1 Yes 1',2'.,3',1/4yd $75.00 $100.00 $100.00 Hitachi EX120 28,000 1 Yes 5.5' tilt $100.00 $120.00 $120.00 Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA EX300 Hitachi 65,000 1 Yes 2 20000 23' $50.00 $115.00 $135.00 Haines Tree & Spray Svc 733-66801961-6758 Cell Location: B'ham, WA KX-41 3,000 1 No Various 1800 8' $125.00 $95.00 $142.50 KX-121-3 9,100 1 Yes 2cy 2100 12' $125.00 $95.00 $142.50 Harkness Contracting 595-1128/815-4525 Cell Location: Acme, WA Kobelco 210 60,000 2 No 6' 20,000 25' $120.00 $134.00 $160.00 Kobelco 200 47,000 1 Yes 5' 22' $120.00 $124.00 $150.00 Kobelco 160 42,000 1 Yes 5' 20' $100.00 $120.00 $150.00 Kobelco 135 27,000 1 Yes 4' 16' $100.00 $118.00 $130.00 Kubota 121-3 9,000 1 Yes 3' 12' $80.00 $95.00 $105.00 Iverson Earthworks 366-3476/739-2446 Cell Location: Custer, WA JD 200 CLC 44,000 1 Yes 66" 14,000 21' $120.00 $125.00 JD 690 ELC 44,000 1 Yes 66" 14,000 21' $120.00 $120.00 JD 160 36,000 2 Yes 60" 11,300 21' $120.00 $110.00 Kubota 161 12,000 1 Yes 36" 12' $120.00 $90.00 P&P Excavating LLC 592-5374/815-4473 Cell Location: B'ham, WA Hitachi 330 58,000 1 Yes 31/2 cy $420.00 $140.00 $148.00 Hitachi 200 48,000 1 Yes 2 $120.00 $125.00 $130.00 CAT320 48,000 1 Yes 2 $110.00 $125.00 $130.00 CAT315 40,000 1 Yes 11/2 $110.00 $120.00 $125.00 Kobelco 36,000 1 Yes 1 $110.00 $110.00 $115.00 Kobelco 28,000 1 No 3/4 $110.00 $100.00 $105.00 Mini CAT304 12,000 1 Yes 1/2 $90.00 $90.00 $95.00 Mini CAT303 8,000 1 Yes 1/2 $85.00 $85.00 $90.00 Page 10 45 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 8, EXCAVATOR WITH OPERATOR ! r�Fi , t'�_ �Yr 2 � L �.� . z;"> _....:�.. h�ll�5 „W � Solid Rock Excavating 296-1668 Location: B'ham, WA John Deere 120 30,000 1 Yes 1.0 cy 9000 18, $105.00 $95.00 $95.00 John Deere 120 w/hoe ack 30,000 1 Yes 1.0 cy 9000 18' $105.00 $130.00 $130.00 Sorenson Const. 966-2628 Location: Everson, WA CAT 305.5 w/tilt bkt/blade 15,000 1 Yes 1/2 cy $951hr $95.00 $118.00 CAT 308 - Rubber track 15,000 1 Yes 3/4 cy $95/hr $105.00 $128.00 CAT 110B w/tilt bkt 26,000 3 Yes 1 cy $95/hr $110.00 $133.00 CAT 205LC w/ tilt bkt 34,000 1 Yes 1 cy $95/hr $110.00 $133.00 CAT 311 26,410 1 Yes 1.25 cy $95/hr $115.00 $138.00 CAT 312 28,970 1 Yes 1.5 cy $95/hr $117.50 $141.00 CAT315 36,900 1 Yes 1.75 cy $95/hr $120.00 $143.00 CAT320 50,715 1 Yes 2cy $115/hr+ $130.00 $153.00 CAT 321 52,910 1 Yes 2.5 cy $115/hr+ $130.00 $153.00 CAT 325D 64,460 1 Yes 3 yd $125/hr+ $160.00 $183.00 CAT 330D 79,700 1 Yes 4 cy $150/hr + $170.00 $193.00 CAT 345C 99,150 1 Yes 5 cy $150/hr+ $215.00 $238.00 CAT 365C 155,117 1 Yes 7 yd $150/hr+ $325.00 $348.00 CAT 385C 190,840 1 Yes 10 yd $150/hr+ $425.00 $448.00 Daewoo DH-200LC w/brush rake & Bkt lid 51,000 1 Yes 2.5 cy $100/hr $120.00 $143.00 Kobelco SK200 Long Reach 44,000 1 No 1 cy $150/hr + $185.00 $208.00 Hyundai R320 LC 85,000 1 Yes 4 cy $150/hr+ $152.50 $176.00 Volvo EC-460 105,000 1 Yes 5 c $150/hr+ $210.00 $233.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson, WA EX 400 Hitachi 90,000 1 No 36772" $700.00 $180.00 $213.00 EX 300 Hitachi 70,000 1 No 36"/72" $600.00 $156.00 $189.00 EX 200 Hitachi 45,000 2 Yes/No 36"/60" $400.00 $131.00 $164.00 CAT 312 27,000 1 Yes 30"/48" $150.00 $119.00 $152.00 Western Refinery 366-3303/815-5182 Cell Location: Ferndale, WA Kubota KX 121 9,100 5 Yes 2.6 cf 2,100 12' $80.00 $80.00 $100.00 Kobelco SK-135 30,000 1 Yes .5-1 cy 18,000 20' $90.00 $100.00 $120.00 Kobelco SK-290 66,000 1 Yes .75-2.5 cy 35,000 24' $115.00 $120.00 $140.00 Linkbelt 350 Road Builder 90,000 1 No 2-4 cy 45,000 36' $120.00 $140.00 $160.00 Mark White 592-2923/815-4331 Cell Location: Deming, WA Hitachi 160 42,000 1 Yes 1 15,000 18' $105.00 $120.00 60" tilt bucket Add $10.00/hr Kobelco 50 11,000 1 Yes 1/2 cy 4,000 10, $105.00 48" tilt bucket Page 11 46 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 9. EXCAVATOR WITH CLAMSHELL AND OPERATOR BIDRER,�xON�`',�'L x•� f c b'aPEs .�'� �� .3� ,e . �05 _ "" '� �IDBII:'�E OU Z. 'i. '. Cascade Clearing 966-4182 / 815-0351 Location: B'ham, WA Hitachi 230 58000 1 3/4 22,000 25' $300.00 $150.00 $150.00 Haner Rd Const. 595-2497 / 661-6372 Cell Location: Sedro Woolley, WA $110/hr + Kobelco SK-290 84,000 1 1 1/2cy 25,000 23' Permits $165.00 $185.00 Harkness Contracting 595-1128/815-4525 Cell Location: Acme, WA Kobelco SK210 60,000 2 1 d 20,000 25' $120.00 $165.00 $185.00 Sorenson Const. 966-2628 Location: Everson, WA Volvo 140 1 30,000 1 1 3/4 $110.00 $95/hr $140.00 $163.00 GROUP 10, WALKING/ARTICULATED LEG EXCAVATOR WITH OPERATOR BIDDER, PHONE LIFT, HOURLY HOURLY MAKE & MODEL WEIGHT UNITS CAPACITY MOBILIZATION E0410 W/Op C&B Construction 503-351-3557 Cell Location: Hillsboro, OR Terex HS 41M 20,000 1 5,000 $125/hr $205.00 $205.00 Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA S-2 Krasu Spyder 1 20,000 2 5000 $149.00 $164.00 GROUP 11. LOG LOADER WITH HYDRAULIC GRAPPLE WITH OPERATOR BIDDER, PHONE LIFT HOURLY:. HOURLY MAKE & MODEL WEIGHT _ UNITS CAPACITY MOBILIZATION Equip W/Op OT; . Harkness Contracting 595-1128/815-4525 Cell Location: Acme, WA Kobelco SK210 60,000 2 20,000 $120.00/hr $165.00 $185.00 Western Refinery 366-3303/815-5182 Cell Location: Femdale, WA Linkbelt 350 Road Builder 90,000 1 45,000 $120.00 $140.00 $160.00 GROUP 12, SCRAPER WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL WEIGHT UNITS YARDAGE MOBILIZATION Equip W/Op OT Western Refinery 366-3303/815-5182 Cell Location: Ferndale, WA JD 9400 Tandem 65000 5 30-36 $200.00 $160.00 $180.00 JD9520 Single 53,000 1 18 $200.00 $140.00 $160.00 Page 12 47 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 13, SWEEPER WITH OPERATOR .k' �� ! K>' Y •*c�� �.y K are 9y. ,�"" ��v� $ �E #� ! �+,@SC ill a. M �' � � .� ���•i`�� P&P Excavating LLC 592-5374/815-4473 Cell Location: B'ham, WA CAT 277-C 1 . $90.00 $95.00 $100.00 Sorenson Const. 966-2628 Location: Everson, WA Bobcat 763 Bucket Sweeper 1 $95/hr $105.00 $128.00 Tiger Construction 966-7252 / 815-6203 Cell Location: Everson, WA Rosco Sweeper 1 $120.00 $100.00 $125.00 Western Refinery 366-3303/815-5182 Cell Location: Ferndale, WA 2008 Crosswinds J+(Elgin) 8cy Hopper 1 $100.00/hr $120.00 $140.00 GROUP 14, MOBILE CRANE WITH OPERATOR BIDDER; PHONE -:: HOURLY ;; ;:HOURLY' MAKE &'MODEL ` UNIT `' SZ LENGTH . ' MOBILIZATION Equip:WlOp OT Siclesteel Cranes, Inc 800-726-3811 Location: Mt. Vernon, WA Manitex M2592S Boom Truck Crane 1 25 92 $328.00 $164.00 $199.00 Terex Stinger 60100 Boom Truck Crane 1 30 100 $344.00 $172.00 $207.00 Terex RT230 Rough Terrain Crane 2 30 94 $530.00 $173.00 $208.00 Terex RT740 Rough Terrain Crane 1 40 105 $530.00 $190.00 $225.00 Demag AC155 All Terrain Crane 2 60 131 $745.00 $223.00 $258.00 Grove RT755 Rough Terrain Crane 2 60 110 $710.00 $208.00 $243.00 Grove RT855B Rough Terrain Crane 1 60 115 $710.00 $215.00 $250.00 Krupp KMK4071 All Terrain Crane 1 85 125 $745.00 $282.00 $352.00 Grove RT990 Rough Terrain Crane 1 90 114 $1,150.00 $283.00 $318.00 Demag AC205 All Terrain Crane 2 100 164 $910.00 $294.00 $364.00 Krupp KMK5130 All Terrain Crane 1 130 139 $910.00 $325.00 $395.00 Grove RT9130E Rough Terrain Crane 1 130 160 $1,150.00 $309.00 $344.00 Krupp KMK6140 All Terrain Crane 2 165 152 $910.00 $379.00 $449.00 Demag AC435 All Terrain Crane 3 180 164 $1,297.50 $391.00 $461.00 Demag AC615 All Terrain Crane 3 250 165 $1,750.00 $473.00 $543.00 GROUP 15, PILE DRIVERS WITH OPERATOR BIDDER, PHONE HOURLY HOURLY MAKE & MODEL UNITS REACH MOBILIZATION Equip WIOp OT Harkness Contracting 595-1128/815-4525 Cell Location: Acme, WA Kobelco 160 1 20' $120.00 $150.00 $175.00 GROUP 16, DRAG LINES OR CLAMS WITH OPERATOR No Vendors Available Page 13 48 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 17, HYDROSEEDER WITH OPERATOR U Haines Tree & Spray Svc 733-6680/961-6758 Cell Location: B'ham, WA Tuftaker 385 1 $150.00 $85.00 $127.50 GROUP 18, BACKHOE WITH OPERATOR n� fBIDOER; QNE , 4 n t r y v _ f:, n OU* 1i0 L > MO �C '' ;,<..., ' ? 1NITS �� qu p W10p .1♦IIAlS > ,.. ,�` ,:IYIt�BIL1Z1�fia0N . Mike Amos Excavating 815-4172 Location: B'ham, WA New Holland TD-21 1 $0.00 $60.00 $60.00 Harkness Contracting 595-1128/815-4525 Cell Location: Acme, WA Case 580 4x4 1 $100.00/hr $98.00 $115.00 Iverson Earthworks 366-3476/739-2446 Cell Location: Custer, WA JD 310 SG wl Plate Compactor 1 $120.00/hr $95.00 P&P Excavating LLC 592-5374/815-4473 Cell Location: Rham, WA CAT 420-D 1 $110.00/hr $90.00 $95.00 Sorenson Const. 966-2628 Location: Everson, WA JCB 214B 44x4 1 $951hr $95.00 $118.00 New Holland 575E 4x4 1 $951hr $95.00 $118.00 Ford 555D 4x4 1 $951hr $90.00 $113.00 Ford 555B 4x4 wl hoepack 1 $951hr $125.00 $148.00 Tiger Construction 966-72521815-6203 Cell Location: Everson, WA John Deere 710 Loader Backhoe 2 $150.00 $108.00 $140.00 $104.00 $136.00 GROUP 19, TRACTOR -MOUNTED MOWERS & BRUSH CUTTERS WITH OPERATOR ROTARY -REAR MOUNT BIDDER, PHONE... Mowing :. .: HOURLY HOURLY MAKE &MODEL Deck Size UNITS MOBILIZATION Equip W/Op OT Mike Amos Excavating 815-4172 Location: B'ham, WA New Holland TD-21 4 ft 1 $0.00 $60.00 $60.00 Haines Tree & Spray Svc 733-6680/961-6758 Cell Location: B'ham, WA M8030 Kubota 5 ft 1 $85.00 $85.00 $127.50 NO VENDORS AVAILABLE ROTARY - LONG ARM No Vendors Available Page 14 49 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR s R_ ,F Lv EA# O N��, _„� . DECK - :UNITS F _ Y MO�ILLZA _ IOAEtp��IDpT. Pacific Brush Cutting 366-0596 / 815-0230 Cell Location: Custer, WA Ford 6640 w/ Tiger Mower 4 ft 1 $0.00 $85.00 $85.00 Semiahmoo Brush Cutting 661-5868 Location: Blaine, WA Case 5120 - Bomford 96" 1 1 $0.00 $80.00 34s FLAl�L SHOULDER - h InBIDDER, PHONE MOWING. HOURLY HIOiRLY -, MAKE &MODEL• a "}F" `_ : 1pECK ; UNITS MOBILIZATI.ON Semiahmoo Brush Cutting 661-5868 Location: Blaine, WA Case 5120 - Bomford 96" 1 $0.00 $80.00 _.: . BIDDER, PHONE MOWING HOURLY HOURLY MAKE i MODEL •=:-:.:.: .DECK UNITS MOBILIZATION . Egwp IN/Op OT Semiahmoo Brush Cutting 661-5868 Location: Blaine, WA Case 5120 - Bomford 48" 3 $0.00 $84.50 GROUP 20, SKID -STEER MOUNTED MOWER & BRUSH CUTTER WITH OPERATOR ROTARY -FRONT MOUNT . BIDDER, PHONE - MOWING HOURLY '•HOURLY MAKE & MODEL DECK UNITS MOBILIZATION . Equip W/Op P&P Excavating LLC 592-5374/815-4473 Cell Location: B'ham, WA CAT 277C 5' 1 $110.00/hr $95.00 $100.00 Mark White 592-2923/815-4331 Cell Location: Deming, WA CAT 287E 1 80" 1 1 1 $100.00 $125.00 No Vendors Available FLAIL - FRONT MOUNT BIDDER, PHONE MOWING HOURLY HOURLY MAKE & MODEL DECK UNITS MOBILIZATION Equip W/Op OT Mark White 592-2923/8154331 Cell Location: Deming, WA CAT 287B 72" 1 $100.00 $120.00 FLAIL -SIDE MOUNT BIDDER, PHONE MOWING HOURLY HOURLY MAKE & MODEL 'DECK UNITS MOBILIZATION Equip WIOp OT Lummi Island Construction 758-2568/739-6315 Cell Location: Lummi Island, WA 7840 Tractor Side Mount Flail 5 ft 1 $0.00 $85.00 $85.00 Page 15 50 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 21, WALKING LEG -TYPE HEAVY-DUTY BRUSH CUTTER WITH OPERATOR �...::� t'�. ;;_ DE, KT NkfSNOBfLit917Y0N} C&B Construction 503-351-3557 Cell Location: Hillsboro, OR Terex HS 41 M 36" cmp promac 1 $1251hr $225.00 $225.00 Fraser Sand & Gravel, Inc 410-91951410-9207 Cell Location: Everson, WA 6-2 Krasu SpKder 36"-48" 2 $154.50 $170.50 GROUP 22" WATER TRUCK WITH OPERATOR BI©DER,'PHONE . -WAKE &lpl¢DEL , ' 14OURL) i HOURLY' SZ ' UNRS MOBILIZATION lvquip>11VlOp Sorenson Const. 966-2628 Location: Everson, WA Ford 9000 2000 Gal 1 $90.00 $102.00 Western Refinery 366-33031815-5182 Cell Location: Femdale, WA IH 8100, side, front & rear nozzles whose reel 2500 Gal 1 $80.00 $80.00 $100.00 GROUP 23, SNOW/ICE REMOVAL EQUIPMENT WITH OPERATOR BIDDER, PHONE , .. :. HOIIRCY -_HOURLY. MAKE &MODEL. LOCATION UNITS. MOBILIZATION . Equip W/Op :: OT„ ... Courtenay Excavating 319-9737 Location: Deming, WA John Deere 550 Dozer Whatcom Co. 1 $100.00 $90.00 $90.00 Hitachi EX120 Excavator Whatcom Co. 1 $100.00 $110.00 $110.00 Kubota KX121 Excavator w/blade Whatcom Co. 1 $75.00 $100.00 $100.00 Iverson Earthworks 366-34761739-2446 Cell Location: Custer, WA JD 644E Whatcom Co. 1 $120.00 $110.00 JD 31OSG Whatcom Co. 1 $120.00 $95.00 Western Refinery 366-3303/815-5182 Cell Location: Ferndale, WA Volvo 710A Grader/ 12ft Angle Blade Whatcom Co. 1 $100.001hr $120.00 $140.00 ,ID 444J Loader Whatcom Co. 2 $100.00/hr $105.00 $125.00 KW 65Z112ft angle blade Whatcom Co. 1 $100.001hr $110.00 $130.00 Mark White 592-2923/815-4331 Cell Location: Deming, WA CAT 287E Whatcom Co 1 $100.00 $100.00 Page 16 51 WC BID #10-15 RENTAL RATES FOR CONSTRUCTION EQUIPMENT WITH OPERATOR GROUP 24. TRUCK MOUNTED SPRAYER WITH OPERATOR ON 5�� - w a S ARA Haines Tree & Spray 733-66801961-6758 Cell Location: B'ham, WA Ford F350 Bean 500 600 ft 500 gal 1 $85.00 $85.00 $127.50 Isuzu NPR Bean 100 300 ft 300 1 $85.00 $85.00 $127.50 Western Refinery 366-3303/815-5182 Cell Location: Ferndale, WA Chevy 44 300 500 2 $80.00 $80.00 $100.00 Ford 44 300 300 1 $80.00 $80.00 $100.00 GROUP 25, BACKPACK SPRAYER WITH OPERATOR - BIDDER,` PHONE SPRAYER HOURLY ;� IOURLY. MAKESiMODEL =` CAPACITY UNITS MOBILIZATION EquipWlOp ;: OT Haines Tree & Spray 733-66801961-6758 Cell Location: B'ham, WA Solo hand pump diaphragm 3 5 $85.00 $85.00 $127.50 GROUP 26, ROCK DRILL WITH OPERATOR -BIDDER;PHONE . ' ;,HOURLY HOURLY :MAKE .& MODEL ; _ BIT SZ RATE' UNITS . ' . MOBILIZATION" Equip W10p '` . OT P&P Excavating LLC 592-5374/815-4473 Cell Location: B'ham, WA Ingersol Rand Air Track 2-3112 1 $400.00 $100.00 $120.00 GROUP 27 MISCELLANEOUS BIDDER, PHONE HOURLY., ::HOURLY. MAKE & MODEL UNITS MOBILIZATION ' Equip WIOp .. OT Cascade Clearing 966-4182 / 815-0351 Location: B'ham, WA 84" Ra co Roller 1 $150.00 $110.00 $110.00 Fraser Sand & Gravel, Inc 410-9195/410-9207 Cell Location: Everson, WA IMS 4010 Hydraulic dredge 1 $50+crane cost $425.00* $560.00* H ster Low Boy 50 ton 1 $85.00 $100.00 Sorenson Construction 966-2628 Location: Everson, WA JD670A 1 $150/Hr + pilots, permits $110.00 $122.00 $150/Hr+ pilots, permits CAT 140M 1 $155.00 $167.00 $150/Hr+pilots, permits CAT 143H 1 $160.00 $172.00 $150/Hr+ pilots, permits CAT 14M 1 $195.00 $207.00 $150/Hr+ pilots, permits CAT 16M 1 $300.00 $312.00 Western Refinery 366-3303/815-5182 Cell Location: Ferndale, WA Volvo 710 Road Grader 1 $110.00 $110.00 $130.00 84" Smooth drum Vibromax 1 $80.00 $80.00 $100.00 4 axle truck/4 axle lowboy 55 ton 1 $100.00 $120.00 $140.00 8 axle dump truck transfer 1 $105.00 $105.00 $125.00 PSI maintainer/grader w/ loader 1 $80.00 $80.00 $100.00 350 Linkbelt road builder w/UP40 steel/concrete jaw 1 $120.00 $180.00 $200.00 Page 17 52 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-176 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 4/02/09 � E C E V E D ll�l 4//13/09 Fin/Council Division Head. APR 0 F 2010 VkMATCOM COUNTY Dept Head. Prosecutor., Purchasin /Bud et: A,6 14/02/09 COUNCIL Executive: Ve w TITLE OF DOC MENT: Approval to Award Bid 10-16, On -Call Rental Equipment ATTACHMENTS: Memo from Finance and Public Works SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to award Bid 10-16, On -Call Rental Equipment. They would like to award to all bidders. The intent of this bid is to obtain firm pricing on rental equipment that could be used by Public Works and any other department that may need to rent equipment for regular projects or emergencies. When equipment is needed, the County will select it for rental from the list, based on equipment availability and suitability, with preference to low bidders. It is possible that more than $35,000 could be spent with a single vendor. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number., P/ease 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. 53 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 �GOM co IN DATE: 2 April 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 10-16, Rental of Equipment FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager BACKGROUND The purpose of this bid is to establish prices and identify firms that are interested in providing construction equipment for rent to the County on an on -call basis. Public Works will select equipment for rent from the list. The selection will be based on equipment availability and suitability, with preference to the low bidder. The following companies submitted bids on Tuesday March 16. A list of available equipment and labor rates is attached. Birch Equipment Rentals Farmers Equipment Godwin Pumps Hertz Equipment Rental NC Machinery Rental Store Northwest Heavy Equipment Pacific Lift Equipment Pape' Material Handling Star Rentals Sicklesteel Crans United Rentals Volvo Rents Western Refinery Services Rentals will be made on an as -needed basis. It is possible that more than $35,000 could be spent with a single vendor. Public Works is requesting approval to award to all bidders. I concur with the recommendation. Administrative Services Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (30*738-4555 WC BID 10-16 RENTAL RATES FOR MAINTENANCE &'CONSTRUCTION EQUIPMENT WITHOUT OPERATOR GROUP 10, LOG LOADER WITH HYDRAULIC GRAPPLE WITHOUT OPERATOR BIDDER . �: ,_ RIPPERS .: ,., N H U " AL-Y ,';:_. LY : . NHL Western Refinery Services 11366-3303 1815-5182 Cell Location: Femdale, WA Mobilization: $120/hr + permits + car Linkbelt 350 RB 90,000 No 1.00 $110.00 $900.00 $4,000.00 $10,000.00 GROUP 11. TRACK -TYPE DITCHING EXCAVATOR WITHOUT OPERATOR 1/2 YARD : .BIDDER, PHONE; MAKE& MODEL _ UNITS HOURLY. DAILY ...WEEKLY _ MONTHLY Northwest Heavy Equipment Repairs #676-9331 Location: Bellingham, WA Mobilization: $75/hr Kubota KX161-3 miniexc (w/rubber tracks) $260.00 $980.00 $2,940.00 Kubota KX121-3 miniexc (w/rubber tracks) $220.00 $840.00 $2,520.00 314 YARD BIDDER, PHONE, MAKE & MODEL UNITS HOURLY_ DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE GROUP 12, SCRAPER WITHOUT OPERATOR SCRAPER BIDDER, PHONE, MAKE & MODEL WEIGHT YARDAGE UNITS HOURLY DAILY WEEKLY MONTHLY Western Refinery Services 11366-3303 / 815-5182 Cell Location: Femdale, WA Mobilization: $120/hr + permits + car JD-9400 53000 18 6 $160.00 $1,200.00 $5,500.00 $15,000.00 GROUP 13, SHOULDER SPREADER WITHOUT OPERATOR MISCELLANEOUS BIDDER, PHONE, MAKE & MODEL WT YDS UNITS HOURLY DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE GROUP 14, BROOMS, REGENERATIVE AIR SWEEPER VACUUM TRUCK SWEEPER, & SELF-PROPELLED BROOM WITHOUT OPERATOR MISCELLANEOUS BROOMS & SWEEPERS BIDDER, PHONE, MAKE & MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Birch Equip 11734-5744 / 815-6256 Cell Location: Whatcom, Skagit, Island, Snohomish Counties Mobilization: $80.00/hr Skidsteerwith Sweeper $100.00 $210.00 $830.00 $1,800.00 Hertz Equip Rental 11734-27001754-6074 Cell Location: Bellingham, WA Mobilization: $30/hr La more 8HC - 8' Broom Sweeper 5 $194.00 1 $561.00 $1,343.00 NC Machinery 11424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way 8HC La morSweeper 6 $150.00 $400.00 $1,100.00 Pape Rents 11756-6572 / 410-0209 Cell Location: Bellingham, WA Mobilization: Bobcat S175 Skid steer w/ bucket sweeper 1 1 1 $28.00 $200.00 1 $800.00 1 $1,800.00 Page 8 W Location: Bellingham, WA Mobilization: $50.00mr Laymor 8G multiple 1 1 $175.00 1 $700.00 1 $1,350.00 Volvo Rents 11383-0238 / 410-0924 Cell Location: Ferndale, WA Mobilization: Laymoor 8' Broom HC 1 $195.00 $700.00 $1,500.00 Skidsteer with broom attached 1 $200.00 $850.00 - $2,400.00 GROUP 15A. ROLLERS WITHOUT OPERATOR STEEL ROLLER BIDDER, PHONE, MAKE & MODEL .: WT . WIDTH VIBRATORY. UNITS ..HOURLY. DAILY.,, WEEKLY MONTHLY Birch Equip 11734-5744 / 815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: Double Drum$80.00/hr Single Drum $100.00/hr Double Drum 5,974 47" Yes $185.00 $715.00 $1,870.00 Single Drum 16,870 66" Yes $225.00 $925.00 $2,720.00 Hertz Equip Rental 11734-27001754-6074 Cell Location: Bellingham, WA Mobilization: $30/hr IR DD-12 2900 36" Yes 13 $182.00 $518.00 $1,247.00 IR DD-24 6600 48" Yes 7 $94.00 $477.00 $948.00 NC Machinery 11424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way MH AR13 2000 36" Yes 6 $75.00 $250.00 $750.00 CAT224 5800 47" Yes 10 $120.00 $360.00 $975.00 Northwest Heavy Equipment Repairs #676-9331 Location: Bellingham, WA Mobilization: $75/hr Vibromax265 3 Ton 47 Yes 1 $180.00 $640.00 $1,920.00 Pape Rents 11756-6572 / 410-0209 Cell Location: Bellingham, WA Mobilization: IR DD 24 6,500 47" Yes 1 $ 20.00 $ 125.00 $ 500.00 $ 1,500.00 D na ac CA152D 16,100 66" Yes 1 $ 32.00 $250.00 $1,000.00 $3,000.00 Star Rentals #384-9029 / 206-510-9405 Cell Location: Ferndale, WA Mobilization: $30/hr Bomag BW100 2Ton 36 Yes 2 $150.00 1 $530.00 $1,290.00 United Rentals 11647-7800 / 815-0716 Cell Location: Bellingham, WA Mobilization: $50.00/hr Bomag BW900 4,000 36" Yes multiple $ 150.00 $ 550.00 $ 1,250.00 Bomag BW120 6,000 48" Yes multiple $175.00 $600.00 $1,600.00 Volvo Rents /1383-0238 / 410-0924 Cell Location: Ferndale, WA Mobilization: Bomag 2 Tons 48" 1 $150.00 $600.00 $1,300.00 Western Refinery Services 11366-3303 / 815-5182 Cell Location: Ferndale, WA Mobilization: $80/hr Vibromax 28,000 84" Yes 1 $ 50.00 $300.00 $1,200.00 1 $3,700.00 Page 9 56 GROUP 156, ROLLERS WITHOUT OPERATOR PNEUMATIC OIL - BIDDER, PHONE; MAKE B MODEL. WT. • WIDTH UNITS, HOURLY DAILY WEEKLY MONTHLY Farmers Equip Co 1/ 354-44511815-7242 Cell Location: Lynden, WA Mobilization: $40 each way Stone 6,900 54" 1 $175.00 $700.00 $2,100.00 Hertz Equip Rental 11734-27001754-6074 Cell Location: Bellingham, WA Mobilization: $301hr IR SD-25 5,900 42" 4 $207.00 $544.00 $1,289.00 IR SD-45 10,600 54" 3 $94.00 $317.00 $1,435.00 IR SD-70 15,750 66" 12 $115.00 $772.00 $2,314.00 IR SD-100 23,700 84" 12 $116.00 $802.00 $2,404.00 NC Machinery 11424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way CS423 CAT 15000 66" 12 $225.00 $675.00 $1,800.00 CS-533 CAT 24000 84" 12 $300.00 $900.00 $2,700.00 Northwest Heavy Equipment Repairs #676-9331 Location: Bellingham, WA Mobilization: $901hr Vibromax 605 7.5 Ton 69 2 $275.00 $1,000.00 $3,000.00 Vibromax 1105 14 Ton 84 2 $375.00 1 $1,500.00 $4,500.00 Star Rentals #384-9029 / 206-510-9405 Cell Location: Femdale, WA Mobilization: $30/hr Bomag BW177D-3 6.5 Ton 60 2 $200.00 $750.00 $1,800.00 United Rentals /1647-7800 / 815-0716 Cell Location: Bellingham, WA Mobilization: $50.00/hr Bomag BW177 66" multiple $295.00 $1,200.00 $2,450.00 Bomag BW211 84" multiple $350.00 $1,450.00 1 $3,250.00 Volvo Rents /I 383-0238 1410-0924 Cell Location: Femdale, WA Mobilization: Bomag BW177 8 Tons 66" 1 $300.00 $1,600.00 $3,200.00 IR SD-100 13 Tons 84" 1 $350.00 $1,400.00 $4,200.00 GROUP 15C. SHEEPSFOOT ROLLERS WITHOUT OPERATOR SHEEPSFOOT ROLLER BIDDER, PHONE, MAKE & MODEL WT WIDTH UNITS HOURLY DAILY WEEKLY MONTHLY Hertz Equip Rental /1734-2700 / 754-6074 Cell Location: Bellingham, WA Mobilization: $301hr IR SD-45 11,200 54" 3 $136.00 $418.00 $1,771.00 IR SD-70 16,500 66" 12 $207.00 $1,004.00 $2,756.00 IR SD-100 25,000 84" 12 $185.00 $1,022.00 $2,789.00 NC Machinery /1424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way CAT CP563 30000 84" 4 $350.00 $1.050.00 $3,000.00 Northwest Heavy Equipment Repairs #676-9331 Location: Bellingham, WA Mobilization: $901hr Vibromax 605 7.5 Ton 69 2 $300.00 $1,200.00 $3,600.00 Vibromax 1105 14 Ton 84 2 $400.00 $1,600.00 $4,800.00 Volvo Rents II 383-02381410-0924 Cell Location: Femdale, WA Mobilization: Bomag BW177 8 Tons 66 1 $ 350.00 $1,600.00 $ 4,200.00 IR SD-100 13 Tons 84 1 $450.00 $1,700.00 $4,900.00 Page 10 57 GROUP 16, MOBILE CRANES WITHOUT OPERATOR MOBI-.E CRANE BIDDER;<PHONE, MAKE & MODEL TANS BOOM HOURLY . DAILY WEEKLY MONTHLY Birch Equip 11734-5744 / 815.6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $100.00/hr 15 Ton Crane 15 Tons 68' $460.00 $1,275.00 $3,570.00 Hertz Equip Rental 11734-2700 / 754-6074 Cell Location: Bellingham, WA Mobilization: $60/hr IH 4200 CR 18 1 71° $316.00 1 $730.00 $2,511.00 Pacific Lift Equipment 11866-708-5001/661-5276 Location: Mt. Vernon, WA Mobilization: Terex BT3470: Mobiliz $600 ea way 17 70' $1,300.00 $3,900.00 Terex RS60100: Mobiliz $600 ea way 30 110, $2,317.00 $6,950.00 Terex RT230: Mobiliz $530 ea way 30 94' $1,983.00 $5,950.00 Terex RT555: Mobiliz $710 ea way 55 110' $2,550.00 $7,650.00 Star Rentals #384-9029 / 206-510-9405 Cell Location: Femdale, WA Mobilization: $30/hr Elliot 1560F 15 76' $340.00 $1,200.00 $2'925.00 United Rentals 1/ 647-78001815.0716 Cell Location: Bellingham, WA Mobilization: $50.00/hr Terex BT3470 1 19 70' 1 1 $350.00 1 $1,320.00 1 $3,400.00 GROUP 17, PILE DRIVERS WITHOUT OPERATOR PILE DRIVERS BIDDER, PHONE, MAKE & MODEL SIZE UNITS HOURLY DAILY WEEKLY MONTHLI NO VENDORS AVAILABLE GROUP 18, DRAG LINES OR CLAMS WITHOUT OPERATOR DRAG LINES OR CLAMS BIDDER, PHONE, MAKE & MODEL SIZE UNITS HOURLY DAILY WEEKLY MONTHLI NO VENDORS AVAILABLE GROUP 19, LAYTON BOXES WITHOUT OPERATOR LAYTON BOXES BIDDER, PHONE, MAKE & MODEL . SIZE UNITS HOURLY DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE GROUP 20, PAVEMENT PULVERIZER WITHOUT OPERATOR PAVEMENT PULIVERIZER BIDDER, PHONE, MAKE & MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Birch Equip /1734-5744 / 815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $20/hr Air Scabbler/Walk Behind $150.00 $520.00 $1,270.00 NC Machinery 11424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way CAT Ckid steer w/ Cold planer 4 $300.00 1 $900.00 1 $2,700.00 Page 11 01 GROUP 21, SELF -LOADING DITCH CLEANER WITHOUT OPERATOR •SEL LOMiNG;DITCH,CLEANER< , BIDDER; -,PHONE; KE&WODEL'. _ UNITS HOURLY. .:DAILY :.WEEKLY ,MONTHLY_ 0 VENDORS AVAILABLE GROUP 22, HYDROSEEDER WITHOUT OPERATOR , HYDR SEEDER B IDDER,:PHQNE, MAKE &MODEL SZBY GAL....UNITS. :. JOURLYo DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE GROUP 23, BACKHOE WITHOUT OPERATOR SACKH E BIDDER; PHONE; MAKES MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Birch Equip 1/ 734-5744 / 815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $100/hr JD 310 $175.00 $680.00 $1,750.00 580 Case $200.00 $850.00 $2,125.00 Farmers Equip Co 1/ 354-4451 / 815-7242 Cell Location: Lynden, WA Mobilization: New Holland B95 4x4 1 $150.00 1 $630.00 $1,900.00 Hertz Equip Rental 11734-2700 / 754-6074 Cell Location: Bellingham, WA Mobilization: $30/hr JD310/Case 580 4WD, CXT 52 $154.00 $405.00 $1,435.00 Case 5909M, cab, 4WD, CXT 3 $231.00 $528.00 $1,871.00 NC Machinery // 424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way CAT 416 D/E 4x4 E-Stick 12 $150.00 $450.00 $1,200.00 CAT 420 D/E 4x4 E-Stick 12 $175.00 1 $500.00 $1,500.00 Northwest Heavy Equipment Repairs #676-9331 Location: Bellingham, WA Mobilization: $90/hr JD310 SG 4x4 backhoe 2 $205.00 $820.00 $2,280.00 Pape Rents 1/ 756-6572 / 410-0209 Cell Location: Bellingham, WA Mobilization: John Deere 310J 4x415,400 LBS 1 $25.00 $175.00 1 $650.00 $1,800.00 Star Rentals #384-9029 / 206-510-9405 Cell Location: Ferndale, WA Mobilization: $30/hr Case 580MT-AH 2 $200.00 $700.00 $1,750.00 United Rentals // 647-78001815-0716 Cell Location: Bellingham, WA Mobilization: $50.00/hr JD 310 John Deere multiple $210.00 1 $750.00 $1,750.00 Volvo Rents // 383-02381410-0924 Cell Location: Ferndale, WA Mobilization: Volvo BL70 1 $175,00 $600.00 $1,600.00 Page 12 59 GROUP 24, TRACTOR -MOUNTED MOWERS & BRUSH CUTTERS WITHOUT OPERATOR ROT Y !-REAR-MOUNT-: BIDDER; PHONE,MAKE&:MODEL ' . REACH UNITS '. ;`.HOURLY- ,`DAILY WEEKLY. MONTHLY. Birch Equip /1734-5744 / 815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $20/hr Woods Brush 48" $50.00 $50.00 $200.00 $330.00 Northwest Heavy Equipment Repairs #676-9331 Location: Bellingham, WA Mobilization: $75/hr Kubota B265' mower 1 1 $175.00 $700.00 $2,100.00 Volvo Rents 11383-0238 / 410-0924 Cell Location: Femdale, WA Mobilization: JD 3320 56 2 $175.00 $400.00 1 $1,200.00 FLAIL/ REA1 M UNT . BIDDER, PHONE, WE &MODEL REACH UNITS HOURLY DAILY WEEKLY. MONTHLY NO VENDORS AVAILABLE ROTARY/SHOULDER BIDDER, PHONE, MAKE A MODEL REACH UNITS HOURLY DAILY. WEEKLY ,MONTHLY NO VENDOR AVAILABLE FLAIL / SHOULDER BIDDER, PHONE, MAKE & MODEL REACH UNITS HOURLY DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE ROTARY/LONGARM BIDDER, PHONE, MAKE & MODEL REACH UNITS HOURLY DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE FLAIL / LONGARM BIDDER, PHONE, MAKE & MODEL REACH UNITS HOURLY DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE MISCELLANEOUS BIDDER, PHONE, MAKE & MODEL REACH UNITS HOURLY DAILY WEEKLY MONTHLY NO VENDORS AVAILABLE GROUP 25, SKID -STEER MOUNTED MOWER & BRUSH CUTTER WITHOUT OPERATOR SKID -STEER MOUNTED MOWER & BRUSH CUTTER , BIDDER, PHONE, MAKE A MODEL REACH UNITS HOURLY DAILY WEEKLY MONTHLY Hertz Equip Rental /1734-27001754-6074 Cell Location: Bellingham, WA Mobilization: $30/hr Bobcat S220H wl5' deck 5' 4 $221.00 $618.00 $2,783.00 Takeuchi TL130/Bobcat T180 5' 4 $226.00 $655.00 $3,055.00 Takeuchi TL150/Bobcat T300 5' 4 $288.00 $783.00 $3,311.00 NC Machinery 11424-4292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way CAT MTL w/ 72" mower 84" 6 $225.00 $675.00 $2,000.00 Pape Rents 11756-6572 / 410-0209 Cell Location: Bellingham, WA Mobilization: Bobcat T300 Track Loader w/ QA60 Mower, brushcutter 1 $60.00 $450.00 $1,800.00 $5,400.00 Bobcat 337 Excavator w/EX40 brushcutter 18' 1 $60.00 $450.00 1 $1,800.00 $5,400.00 Star Rentals #384-9029 / 206-510-9405 Cell Location: Ferndale, WA Mobilization: $30/hr Bobcat S130 0 1 2 $215.00 $750.00 $1,720.00 United Rentals 11647-7800 / 815-0716 Cell Location: Bellingham, WA Mobilization: $50.00/hr Mini-exc Takeuchi T8145 w/mower 1 $350.00 $1,250.00 $3,450.00 Mini-exc Takeuchi TB175 w/mower 1 1 1 $400.00 1 $1,450.00 1 $3,850.00 Page 13 GROUP 26, ROADSIDE MOWER RO ID _MOWER - r BIDDER -PHONE: d� MODEL REACH „ .UNITS HOURLY OAILY: WEEKLY .. WiTHO' NO VENDORS AVAILABLE GROUP 27, WALKING LEG -TYPE HEAVY-DUTY BRUSH CUTTER WITHOUT OPERATOR WALKING LEG=TYPE HEAVY DU BRU H . CUTTER BIDDER; PHONE; MAKE &MODEL UNITS HOURLY DAILY,:: -WEEKLY MONTHLY NO VENDORS AVA LE GROUP 28, SEWER JET WITHOUT OPERATOR SEW R.JE BIDDER, PHONE, MAKE& MODEL . UNITS HOURLY ; DAILY WEEKLY ;MONTHLY NO VENDORS AVAILABLE r.PnIIP 9Q WATFR TRI ICK WITFIAI IT APFROTnR WATER TRUCK BIDDER, PHONE, MAKE & MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Birch Equip 11734-5744 / 815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $60/hr 500 Gallon Water Trailer $45.00 $60.00 $190.00 $500.00 Hertz Equip Rental 11734-27001754-6074 Cell Location: Bellingham, WA Mobilization: $301hr IH 4200 - WT 2000 Gallons 16 NC Machinery 11424A292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way Kenworth/FL 2000 gallon 10 $225.00 $700.00 $2,000.00 Kenworth/FL4000 gallon 10 $350.00 1 $1,000.00 $3,000.00 Star Rentals #384-9029 1206-510-9405 Cell Location: Ferndale, WA Mobilization: $30Ihr International 7400 2500GL 1 $290.00 $1,155.00 $3,300.00 Kenworth T300 3750 GL 1 $368.00 $1,470.00 $4,300.00 United Rentals 11647-7800 / 815-0716 Cell Location: Bellingham, WA Mobilization: $50.00/hr Ford 2000 Gal Water Truck multiple $305.00 $1,250.00 $2,850.00 Ford 4000 Gal Water Truck multiple $405.00 $1,750.00 $4,000.00 Volvo Rents II 383-02381410-0924 Cell Location: Ferndale, WA Mobilization: 500 Gal. Water Trailer 2 $50.00 $210.00 $575.00 Western Refinery Services 11366-3303 / 815-5182 Cell Location: Ferndale, WA Mobilization: $801hr 1 H 8100, 2500 Gal, front, side and rear sprays +hose reel 1 $50.00 1 $200.00 1 $700.00 $2,000.00 GROUP 30, DUST RETARDANT TRUCK WITHOUT OPERATOR DUST RETARDANT TRUCK BIDDER, PHONE, MAKE & MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Star Rentals #384-9029 / 206-510-9405 Cell Location: Ferndale, WA Mobilization: $301hr International 7400 2500GL 1 $290.00 $1,155.00 $3,300.00 Kenworth T300 3750 GL 1 $368.00 $1,470.00 $4,300.00 Page 14 61 GROUP 31, UTILITY BORING MACHINE WITHOUT OPERATOR UTILITY ICING MACHINE` 'BIDDER,HONE,IIAKE BiIIODEL. UNITS HOURLY, .DAILY WEEKLY INONTHLY_ Birch Equip 1/ 734-57 1815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $20/hr 3' TTTechnologies P75 $200.00 $675.00 $1,800.00 Volvo Rents 1/ 383-02381410-0924 Cell Location: Femdale, WA Mobilization: Vermeer (3' Pneumatic Boring Tool) 1 $150.00 $600.00 $1,800.00 GROUP 32, UNDER BRIDGE INSPECTION EQUIPMENT WITHOUT OPERATOR UNDER BRIDGE1USPECTION EQUIPMENT - BIDDER, PHONE, MAKE & MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Pape Rents 11756-6572 1410-0209 Cell Location: Bellingham, WA Mobilization: Terex HP 32-35 Trailer Mounted 1 $1,200.00 $3,500.00 $10,000.00 GROUP 33, SNOW REMOVAL EQUIPMENT WITHOUT OPERATOR SNOW REMOVAL EQUIPMENT BIDDER, PHONE, MAKE & MODEL UNITS HOURLY DAILY WEEKLY MONTHLY Birch Equip 11734-57441815-6256 Cell Location: Whatcom, Skagit, Island Counties Mobilization: $80/hr Gehl 4640 Skidsteer $100.00 $155.00 $615.00 $1,445.00 Hertz Equip Rental /1734-27001754-6074 Cell Location: Bellingham, WA Mobilization: $30/hr Takeuchi TO30/Bobcat TO50 (Track Skidsteer) 15 $128.00 $333.00 $974.00 Takeuchi TO50/Bobcat T300 Track Skidsteer) 10 $190.00 $461.00 $1,230.00 JD544 Wheel loader 10 $354.00 $948.00 $2,870.00 JD644 Wheel loader 8 $507.00 $1,292.00 $4,356.00 NC Machinery 114244292 / 425-508-1665 Cell Location: Mount Vernon, WA Mobilization: $40 each way CAT MTL w/ snow blower 4 $300.00 $900.00 $2,700.00 Pape Rents H 756-6572 / 410-0209 Cell Location: Bellingham, WA Mobilization: Bobcat Skid Steer 2 $20.00 $150.00 $575.00 $1,400.00 Bobcat Track Machine w/80" bucket .8 yard 1 4 1 $25,00 1 $200.00 1 $750.00 1 $2,000.00 Page 15 62 GROUP 34, MISCELLANEOUS WITHOUT OPERATOR IMISCIELLMEOUS BIDDER I PHONE MAKE &:MODEL .. " .. ; UNITS _ ::HOURLY. DAILY ; WEEKLY MONTHLY. Birch Equip H 734-5717 / 815-6256 Cell 30" Walkbehind Roller $60.00 $100.00 $380.00 $1,190.00 Location: Whatcom, Skagit, Island Counties 185 CFM Air Compressor $60.00 $100.00 $380.00 $1,190.00 Mobilization: 6' Vermeer Chipper $150.00 $590.00 $1,500.00 9' Vermeer Chipper $200.00 $750.00 $1,700.00 Lay-Mor 8HC $120.00 $420.00 $1,200.00 Toro Dingo TX420 $115.00 $400.00 $1,300.00 Allmond Ni htlite 30' $80.00 1 $225.00 $400.00 Farmers Equipment 11354-4451 / 815-7242 Cell Location: Lynden, WA Mobilization: Case 5210 Front End Loader 2.5 Yd 1 $245.00 $840.00 $2,500.00 Godwin Pumps of America, Inc// 354-99331 CD100M Diesel pump 4" 10 $128.00 $384.00 $1,152.00 306-7013 Cell CD150M Diesel Pump 6" 10 $166.00 $499.00 $1,498.00 Location: Lynden WA CD225M Diesel Pump 8" 10 $272.00 $815.00 $2,445.00 Mobilization: $65.00/hr GST10 2" submersible pump 20 $31.00 $93.00 $279.00 GSP35HV 3" submersible pump 10 $44.00 $130.00 $390.00 GSP55HV 4" submersible pump 10 $65.00 $195.00 $585.00 GSP160HV 6" submersible pump 10 $95.00 $285.00 $855.00 GWP80HX 3" Gas Pump 5 $50.00 $150.00 $450.00 GWP100HX 4" Gas Pump 5 $75.00 $225.00 $675.00 GHP20KW Generator 5 $90.00 $270.00 $810.00 GHP26KW Generator 5 $110.00 $330.00 $990.00 GHP45KW Generator 5 $183.00 $549.00 $1,647.00 GHP65KW Generator 5 $189.00 $567.00 $1,701.00 GHP100KW Generator 5 $289.00 $867.00 $2,601.00 185 CFM Air Compressor 3 $80.00 $240.00 $720.00 4000 Watt Light Tower 10 $75.00 1 $225.00 $675.00 Hertz Equip Rental 11734-2700 / 754-6074 Cell Location: Bellingham, WA Mobilization: $30/hr see attachment for US Communities pri NC Machinery H 424-4292 / 425-508-1665 Cell 185 CFM Air Compressor 12 $80.00 $240.00 $600.00 Location: Mount Vernon, WA 500 gallon Water Trailer 6 $60.00 $180.00 $550.00 Mobilization: $40 each way 40' Genie Manlift 12 $150.00 $450,00 $1,000.00 60' Genie Manlift 12 $200.00 $600.00 $1,500.00 19'-20' Genie Scissorlift 40 $65.00 $125.00 $200.00 26' Genie Scissorlift 20 $75.00 $150.00 $300.00 6" Sykes Pump 6 $150.00 $450.00 $1,200.00 Light Towers 100 $50.00 1 $150.00 $350.00 Northwest Heavy Equipment Repairs #676-9331 Vermeer BC1000XL dripper 10"-12" 1 $250.00 $1,000.00 $2,500.00 Location: Bellingham, WA Yanmar All terrain carrier lyd 1 $175.00 $600.00 $1,800.00 Mobilization: Bobcat S130 skidsteer 1 $155.00 $560.00 $1,680.00 Wacker 800' diesel rev. plate/electric sta 1 $160.00 $640.00 $1,920.00 2005 F650 5 d non-cdl dum truck 1 $200.00 $800.00 $2,400.00 Pape Rents /1756-65721410-0209 Cell Genie TZ50 50' Tow behind manlift 1 $25.00 $175.00 $600.00 $1,400.00 Location: Bellingham, WA Genie Manlift S40-45 4 $28.00 $200.00 $600.00 $1,000.00 Mobilization: Genie Manlift S60-65 3 $35.00 $250.00 $800.00 $1,600.00 Genie Manlift S80-85 2 $75.00 $600.00 $2,000.00 $4,000.00 Genie Manlift S125 1 $1,000.00 $3,400.00 $8,000.00 Genie ManliftZ45 2 $25.00 $175.00 $600.00 $1,400.00 6K Reach Forklift 4 $25.00 $175.00 $600.00 $1,200.00 8K Reach Forklift 4 $25.00 $275.00 $700.00 $1,400.00 1OK Reach Forklift 4 $45.00 $350.00 1 $1,000.00 $1,800.00 Star Rentals #384-9029 / 206-510-9405 Cell Air Compressors Sullair 185CFM 4 $72.00 $256.00 $520.00 Location: Femdale, WA Forklift Industrial Daewoo 5K 4 $100.00 $350.00 $750.00 Mobilization: $30/hr Reach Forklift GEHL 8K 2 $250.00 $880.00 $1,750.00 Generators Trailer Mounted 70KW 3 $180.00 $500.00 $1,200.00 4 Lamp Light Tower Allmand 4 $100.00 $300.00 $550.00 Man lift boom genie/snorkel 42' 8 $175.00 $625.00 $1,250.00 Man lift scissor 26' 6 $85.00 $300.00 $600.00 Water Pumps Wacker Trash 3" 4 $35.00 $125.00 $250.00 Welder 225AMP Lincoln Gas 4 $35.00 1 $125.00 1 $250.00 Page 16 63 UI Op u KE_ EE EL; "U"ITS United Rentals 9 647-7800 / 815-0716 Cell Location: Bellingham, WA 15% off any items not bid on I Mobilization: Volvo Rents 11383-0238 141 Oa24 Cell Light Towers 4 $50.00 $200.00 $525.0 Location: Femdale, WA 40' Boom Manlifts Unlimited $225.00 $600.00 $1,900.00 Mobilization: 60'Boorn Manlifts Unlimited $275.00 $800.00 $2,400.00 85'Boom Manlifts 1 $500.00 $2,000.00 $5,000.00 120'Boom Manlifts 1 $900.00 $3,000.00 $8,000.00 "Many other items- please call 35 Ton Articulated Dump Truck 3 $1,200.00 $4,000.00 $12,000.00 30 Ton Articulated Dump Truck 2 $1,000.00 $3,650.00 $10,000.00 Western Refinery Services /1366-3303 815-5182 Cell IIH 4900, 2 axle dump trucks 4 $30.00 $200.00 $900.00 $2,000.00 Location: Femdale, WA Breaker or hoe pack for KX-1 21 2 $25.00 $150.00 $700.00 $1,500.00 Mobilization: $55/hr McMillen Auger attachment for KX-12 1 $25.00 $150.00 $700.00 $1,500.00 Mack 2500 Gal fuel truck 1 $30.00 $200.00 $900.00 $2,000.00 Volvo 4200 Gal fuel truck 1 $30.00 $200.00 $900.00 $2,000.00 Chevy 600 Gal fuel truck 1 $25.00 $150.00 $700.00 $1,500.00_ Page 17 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-177 CLEARANCES Initial Date Received in Council O ace Agenda Date Assigned to: Originator: 3/26/10 ��Datee 1111 E C V D L� APR 0.6 2010 4/13/10 F in/Council Division Head: Dept Head: W'HP0_rCOM COUNTY Prosecutor: COUNCIL Purchasin / ud et: 1 9,6 3/26/10 Executive: LS) TITLE OF DOC MENT: Award of Bid 10-22 Supply of Bridge Girders ATTACHMENTS: Memos from Finance and the Public Works SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Engineering is requested approval to award the bid for the supply of bridge girders to the low bidder Bellingham Marine Industries in the amount of $71,306.22. The girders are for replacement of the Noon Road Ten Mile Creek Bridge #240. This is a planned project and funds were approved in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 65 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 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us DATE: 26 March 2010 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 10-22 Supply of Pre -stressed Voided Bridge Girders Background & Purpose Bids were advertised for the supply of pre -stressed concrete voided bridge girders. These will be used for replacement of the Noon Road Ten Mile Creek Bridge #240. Two bids were received on Tuesday March 23 and are noted below. Public Works is requesting approval to award to the low bidder, Bellingham Marine Industries for a total amount of $71,306.22. BRAD BENNETT Manager ■ Funding This is a planned expenditure. The funds for this purchase were approved in the current budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Approval Administration Facilities Management Finance/Accounting Human Resources ' Information Technology County Residents (360) 676-6717 (360) 67676746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360 3 8-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (338-4555 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director JOSEPH P. RUTAN, P.E. co Assistant Director/County Engineer 3 2011 Young St., Suite 201 ° Bellingham, WA 98225-4052 Phone: (360) 715-7450 4�hING Fax: (360) 715-7451 MEMORANDUM To: Brad Bennett, Finance Manager From: Chris Brueske, P.E., Engineering Manag& Joe Rutan, P.E., County Engineerl#-- Through: Frank Abart, Director CC: Mary Green, M&O Superintendent Date: March 24, 2010 Re: Recommendation for Award of Bid No. 10-22, Supply of Prestressed Voided Slab Bridge Girders (CRP 910004) The above -referenced bid was advertised on March 10 and 17, 2010. Two (2) bids were received and opened at 2:30 PM on March 23, 2010. The following table summarizes the results of the bid opening: Bellingham Marine Industries Concrete Technology Corporation Base Bid $65,720.02 $77,840.00 Tax $5,586.20 (8.5%) $7,239.12 (9.3%) Total Bid $71,306.22 * $85,079.12 * Please see corrected bid form (attached). It is my recommendation that award of Bid No. 10-22 be made to Bellingham Marine Industries as the lowest responsible bidder in the amount of $71,306.22. I have attached the bid forms, noting a minor correction to Bellingham Marine Industry's bid. These girders will be used for replacement of the Noon Road Ten Mile Creek Bridge No. 240 this summer. The existing bridge is structurally deficient and has an average daily traffic (ADT) of over 600 vehicles. Funding for this project is included under Item No. 18 of the approved 2010 Annual Road Construction Program, CRP 910004. Please contact me if you require any further information regarding this issue. 67 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 A CLEARANCES Initial Date rice Date Received in Council Qf Agenda Date Assigned to: Originator: Mann 3/24/2010 EC E� V E D MAR,. 2 4 2010 3/30/2010 COTWAntroduction Division Head: 4 13 2010 _COTW Dept. Head: (} /HA TCOM COUNTYCOUNCIL Prosecutor Purchasin Bud et: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.02 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) 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.) Ordinance amending WCC 2.02 COMMITTEEACTION. COUNCIL ACTION: �3/30/2010: Discussed. Held in Committee. 3/30/2010• Pulled from Introduction Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at: www.co.whatcom.wa.us/council. .: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2010 Ord\Amend WCC 2.02, County Council SPONSORED BY: Consent PROPOSED BY: Ken Mann INTRODUCTION DATE: 3/30/2010 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL WHEREAS, Whatcom County Code Sections 2.02 sets forth guidelines for the conduct of council and council committee meetings, council organization, rules of procedure, ordinance introduction and adoption, resolution approval, appointments, boards and commissions, and other council -related matters; and WHEREAS, amendments to Whatcom County Code 2.02 are necessary to clarify the rules under which the council conducts its business. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.02 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this day of , 2010 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council L�'LC'4" D A • ., Civil Deputy Prosecutor Page 1 Sam Crawford, Council Chair ❑ Approved ❑ Denied Pete Kremen, County Executive We EXHIBIT A (Ordinance amending WCC 2.02) CHAPTER 2.02 COUNTY COUNCIL Sections: 2.02.005 Council - Composition. 2.02.010 Council - Terms of office. 2.02.015 Council vacancies - Announcement. 2.02.020 Council vacancies - Qualifications. 2.02.025 Council vacancies - Nominations. 2.02.030 Council vacancies - Procedures. 2.02.035 Council vacancies - Term of appointee. 2.02.040 Meetings - General rules. 2.02.045 Meetings - Agenda. 2.02.050 Meetings - Council acting in other capacities. 2.02.055 Meetings - Order of business. 2.02.060 Meetings - Decorum of debate. 2.02.065 Meetings - Powers of the chair. 2.02.070 Meetings - Annual reorganization and election of officers. 2.02.075 Standing committees - Established. 2.02.080 Standing committees - Membership. 2.02.085 Standing committees - Committee action. 2.02.090 Membership on required boards, commissions, and committees. 2.02.095 Appointment of non -council members to boards, commissions, and committees. 2.02.100 Resolutions - General provisions. 2.02.105 Ordinances - General provisions. 2.02.110 Ordinances - Introduction. 2.02.115 Ordinances - Reintroduction. 2.02.120 Ordinances - Publication of proposed and enacted ordinances. 2.02.125 Ordinances - Effective date. 2.02.130 Ordinances - Veto message - Overriding. 2.02.135 Emergency ordinances. 2.02.140 Signature on documents. 2.02.145 Requests for ordinances or legal opinions. 2.02.150 Duties of the chair. 2.02.155 Clerk. 2.02.160 Hearing examiner. 2.02.165 Planning and policy analyst. 2.02.170 Correspondence requirements. 2.02.175 Requests of the executive branch. 2.02.180 Handling complaints and concerns. 2.02.185 Travel and expense approval. 2.02.190 Suspension of rules. *Prior legislative history: Ord. 2008-004 repealed Ch. 2.02. Ords. 79-1, 79-7, 81-107, 88-10, 88-21, 88-25, 89- 17, 89-26, 90-6, 90-8, 91-001, 91-030, 94-007, 95-003, 95-055, 96-035, 2001-061, 2002-022, 2004-006 and 2007-044 and Resos. 79-1, 79-2, 80-42, 82-1, 82-8, 83-45, 85-3, 97-006, 98-020 and 99-045 were formerly codified in the chapter. 70 2.02.005 Council - Composition. The council shall consist of seven members, two council members from each of the three council districts and one councilmember at large. (Ord. 2008-004 Exh. A). 2.02.010 Council - Terms of office. The term of office of each elected councilmember shall be four years, commencing on the second Monday in January following election. (Ord. 2008-004 Exh. A). 2.02.015 Council vacancies - Announcement. A. The council shall publicly announce any vacancy and shall provide a reasonable period for interested candidates to contact councilmembers and request that his or her name be considered for the vacant position. B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2008-004 Exh. A). 2.02.020 Council vacancies - Qualifications. A. A vacancy on the county council shall be filled by a qualified registered voter resident of the district he or she represents, meeting all of the qualifications of Section 4.20 of the Whatcom County Charter, subject to the provisions of WCC 2.02.020 B. below. B. A county council member currently serving a term shall not be eligible for appointment. C. Any information provided by a nominee may be checked to verify qualifications, and submission of a personal resume may be requested. (Ord. 2008- 004 Exh. A). 2.02.025 Council vacancies - Nominations. A. Nominations to fill a vacancy on the county council shall be made by any councilmember who may place the individual's name into nomination in a regular open meeting. B. All names submitted shall l may be referred to a committee of the whole for consideration. C. Nominees may be personally interviewed by a committee or any councilmember or councilmembers chosen by the council to conduct such interviews. (Ord. 2008-004 Exh. A). 2.02.030 Council vacancies - Procedures. A. An appointment to fill a vacancy on the council shall be approved by majerft Vol- -` the an affirmative roll -call vote by a matey of the entire remaining council. B. If at any time, by virtue of vacancies on the council, the membership of the council is reduced below that normally required to constitute a quorum by may nevert.1-felesq-Fill- ,., the council may nevertheless fill the vacancies by an affirmative roll -call vote by a majority of the entire remaining council. C. If a council vacancy remains unfilled for a period of 30 days because of the inability of the council to make the appointment, the vacancy shall be filled by the county executive from among those persons nominated by the members of the council. (Ord. 2008-004 Exh. A). 71 2.02.035 Council vacancies — Term of appointee. Section 4.50 of the Whatcom County Charter shall govern the term for which the appointee may serve. (Ord. 2008-004 Exh. A). 2.02.040 Meetings — General rules. A. It is the policy of the council that, to the greatest extent possible, all official meetings of the council and its committees shall be open to the public, with the exception of "executive sessions" (closed to the public), for certain limited topics, as defined in RCW 42.23.110. All council and committee meetings will be held in compliance with the state Open Public Meetings Act (Chapter 42.30 RCW). B. Regular meetings of the county council and its standing committees shall be held every other Tuesday in the Whatcom County Council Chambers, unless decided otherwise by the council. A schedule of specific meeting dates shall be approved by resolution annually. The chairperson of the council or the chairperson of any of its standing committees may call special meetings as required, provided proper public notice and notice to councilmembers is given. C. Committee of the whole meetings will be scheduled as necessary. These meetings may be cancelled at the will of the council. D. Executive sessions (closed meetings) may be held in accordance with the provisions of the Washington State Open Public Meetings Act. (RCW 42.30.110) E. All council and council committee meetings shall be conducted pursuant to Sturgis Standard Code of Parliamentary Procedure, latest edition, except when in conflict with the standing rules of the council. A copy of the Standard Code of Parliamentary Procedure shall be available in the council office for review. F. A majority (four members) of the council shall be in attendance to constitute a quorum and shall be necessary for the transaction of the council's business. If at any time, by virtue of vacancies on the council, the membership of the council is reduced below that normally required to constitute a quorum, a majority of the entire remaining council may conduct business. A majority of a council committee (two members) shall be necessary for the transaction of a committee's business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. G. In the event of a tie in votes on any motion, the motion shall be considered lost. H. Any session of the council may be continued or adjourned from day-to-day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. (RCW 42.30.090) I. The council may schedule work sessions (open to the public) at the call of the council chair or of any two or more members of the council to review forthcoming programs of the county, receive progress reports on current programs or projects, or receive other similar information from the county executive or county staff. Formal action may be taken at these meetings. J. The clerk of the council shall keep an account of all proceedings of the council. Written minutes shall be recorded promptly after every meeting and, upon approval by the council, shall be entered in a minutes book constituting the official record of the council. All approved minutes shall be open to public inspection. Minutes shall include a summation of the actions and discussions forthcoming from each council and committee meeting, as well as a record of the vote of each councilmember. A verbatim public record shall be kept of each meeting by electronic or mechanical means for a reasonable period of time as provided by state law. 72 K. Minutes of a council meeting are required to be read into the record only if requested by a member of the council. Minutes may be approved without reading if the clerk of the council previously furnished each councilmember with a copy thereof. L. When addressing the council During an open session or public hearing, audience members will be given three minutes to address the council. M. Cell phones shall be silenced and cell phone conversations shall be prohibited within the confines of the council chambers during meetings. N. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous while addressing the cou attending a council or council committee meeting may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the council during that council meeting. (Ord. 2008-004 Exh. A). 2.02.045 Meetings — Agenda. A. The clerk of the council shall consult with the council chair and the chair of each committee prior to preparation of the council's agenda. The clerk shall prepare the agenda, which, together with supporting documents, shall be provided to all councilmembers no less than five days prior to each regular council meeting and at the earliest possible date prior to any special meeting. The agenda shall be posted conspicuously within the Whatcom County Courthouse and shall be available for review on the council's web page. B. Upon request by any two or more members of the council at any council meeting, an item of business shall be placed on the agenda of the next regular meeting. C. Consent items may be acted upon en masse; provided, however, that any consent item shall be considered separately if so requested by a councilmember, a member of the county administration, or a member of the public. D. Introduction items may be accepted en masse; provided, however, that any introduction item shall be considered separately if so requested by one or more councilmembers. (Ord. 2008-004 Exh. A). 2.02.050 Meetings — Council acting in other capacities. Where the members of the county council sit in an administrative or legislative capacity in situations such as, but not limited to, supervisors of a special district or members of the county health board, all business in these other capacities shall be treated as regular items of business during council meetings. The agenda for the meeting shall note any items being considered in one or more of these other capacities. It shall not be necessary for the council to adjourn itself in order to consider items in these other capacities. All actions taken by the council regarding issues in these other capacities shall be deemed to have been enacted or approved by those entities under the authority as may be provided for in law, or the authority of the county if appropriate. (Ord. 2008-046 § 1; Ord. 2008-004 Exh. A). 2.02.055 Meetings — Order of business. Business may include but not be limited to the following order: 1. Roll call; 2. Flag salute; 3. Announcements; 4. Special presentations; 5. Approval of minutes; 6. Open session; 7. Public hearings and final consideration of hearing items; 8. Consent agenda; 73 9. Final consideration of other items; 10. Introduction of ordinances and resolutions; 11. Reports and other items from councilmembers; 12. Adjourn. (Ord. 2008-004 Exh. A). 2.02.060 Meetings - Decorum of debate. A. Any councilmember desiring to speak shall first be recognized by the chair and shall confine his or her remarks to one subject under consideration or to be considered. The councilmember who has proposed a motion or the committee member who has presented a report shall be allowed the first opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small group of members shall be permitted to monopolize the discussion on a question. If a member has already spoken and other members wish to speak, they should be recognized in preference to the member who has already spoken on a question. B. Councilmembers shall address each other as "council member" and the council chair shall be addressed as "chair." C. Staff members, presenters, and the general public shall be addressed as Mr., Mrs., of Ms., or by their official or honorary title. D. When two or more councilmembers desire to speak at the same time, the chair shall name the member who shall have the floor. that s&;AM E. When a councilmember is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order. The chair should insist that every member be attentive to the business before the assembly. G-. F. When it appears that all councilmembers who wish to speak have done so, the chair shall inquire, "Is there any further discussion?" If there is not, the question is put to a vote. 4+ G. To bring a question to immediate vote, a councilmember may move to close debate. If more than one motion is pending, the motion to close debate should specify the pending motions to which it applies (main motion, motion to amend, etc.). The motion to close debate cannot interrupt a speaker, is not debatable, and requires an affirmative roll -call vote by two-thirds of the entire council. The motion to close debate should be used in moderation, as members cannot be expected to maintain interest in an organization if they are frequently denied the right to participate in its deliberations. (Ord. 2008-004 Exh. A). 2.02.065 Meetings - Powers of the chair. A. The council chair, if present, shall preside as chairman at all meetings of the council. In the absence of the council chair, the vice chair shall preside. In the absence of both the council chair and the vice chair, the council shall elect a chair. B. All meetings of the council shall be called to order by the council chair or vice chair. In the absence of both the council chair and the vice chair, the meeting shall be called to order by the clerk of the council for the election of a temporary chair. The roll shall then be called by the clerk, who shall enter in the minutes of the meeting the names of the members present. Four councilmembers shall be in attendance to constitute a quorum. 74 C. The chair shall preserve order and is responsible for controlling and expediting debate. Any member who faills or refuses to speak in an orderly courteous manner may be denied the right to the fleer and, -f ne may be ejected from the meeting by order of the presindming effieer majority vote of the entire councill. D. The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" E. The chair shall state all questions submitted for a vote and announce the result. A roll call vote is required for all ordinances and may be taken upon request of a councilmember for all other items. F. The presiding officer may move and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilmernber by reason of his acting as the presiding officer. (Ord. 2008-004 Exh. A). 2.02.070 Meetings — Annual reorganization and election of officers. A. At its first committee of the whole or regular council meeting in January, the council shall schedule its annual reorganization. At this meeting, the council shall 'I elect the chair, vice chair, the executive pro teml2ore and the members of all standing committees, each by an affirmative roll -call vote by a majority of the entire council, or by general consent when applicable. Prior to each reorganizational meeting, the council clerk or chairperson shall ask councilmembers to circulate to each other in writing their requests for committee assignments and other offices. No councilmember shall hold the position of chair more than two full consecutive years. B. The chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore who was selected pursuant to the above procedure. Terms of office shall begin at the conclusion of the reorganizational meeting. C. In the temporary absence of the chairperson, the vice chairperson shall perform the duties and responsibilities of the chairperson. A temporary chairperson shall be elected should both the chairperson and vice chairperson be absent and shall serve during such absence. (Ord. 2008-004 Exh. A). 2.02.075 Standing committees — Established. The following committees are established: A. Finance and Administrative Services. General areas of responsibility for this committee shall be budget, taxation and purchasing issues, personnel policies and union negotiations; B. Planning and Development. General areas of responsibility for this committee shall be zoning, development, stormwater, and fire; C. Public Works and Safety. General areas of responsibility for this committee shall be road construction and vacations, solid waste, new construction, remodeling, public utilities issues, and criminal justice activities and planning; D. Natural Resources. General areas of responsibility for this committee shall be water, forestry, agriculture, fishery and mineral issues; E. Health. General areas of responsibility for this committee shall be health - related issues referred to the committee by the health board, public health advisory board, or health department. (Ord. 2008-004 Exh. A). 2.02.080 Standing committees — Membership. 75 A. There shall be three members of all standing committees, membership to be determined by an affirmative vote by a majority of the entire council. The committee members shall be responsible for election of a chairperson and its internal organization. B. The time of standing committee meetings shall be determined by the chairperson of each committee. (Ord. 2008-004 Exh. A). 2.02.085 Standing committees - Committee action. A recommendation of any committee shall be agreed to by a majority of the committee in a regularly called meeting before a proposed item is reported out. All actions of a committee pertaining to an ordinance that has been properly introduced, as specified elsewhere in this chapter, will be reported out to the full council for final consideration. A committee report may contain only that information which is approved by a majority vote of the committee; however, minority reports may be presented to the full council after the committee report is presented. A majority recommendation of the committee may be "do pass," "do pass as amended," "do pass the attached substitute ordinance," "do not pass," "no recommendation," "postpone indefinitely" or "withdraw." Minority reports may also be submitted. (Ord. 2008-004 Exh. A). 2.02.090 Membership on required boards, commissions, and committees. Membership of councilmembers on those boards, commissions or committees on which,, by law,, members of the legislative body are required to sit shall be determined by an affirmative vote by a majority of the entire council, or by general consent when applicable. Councilmembers who are appointed by the county to any other county governmental boards, commissions or committees, other than ad hoc council committees, shall likewise be determined by a majority roll call vote-ef-the eotwteil-an affirmative vote by a majority of the entire council. (Ord. 2008- 004 Exh. A). 2.02.095 Appointment of non -council members to boards, commissions, and committees. A. Appointments of non -council members to all county or intergovernmental boards, commissions or committees which exercise either an administrative or a legislative function shall be made by the county council in accord with Chapter 2.03 WCC. B. The council may, by an affirmative roll -call vote by a majority of the entire council, remove any council -appointed member of a board, commission, or committee. (Ord. 2008-004 Exh. A). 2.02.100 Resolutions - General provisions. The county council may pass resolutions to organize and administer the legislative branch, to make declarations of policy which do not have the force of law, and to request information from any other agency of county government. Resolutions shall not be subject to the veto power of the executive, and the council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. All resolutions shall be filed with the clerk of the council in writing in their entirety and shall be scheduled on the council's agenda as requested and required.. (Ord. 2008-004 Exh. A). 76 2.02.105 Ordinances — General provisions. A. Every legislative act shall be by ordinance. B. -rhe subject of every ordinance shall be clearly stated in the title and no ordinance shall contain more than one subject. C. Ordinances may, by reference, adopt Washington State statutes or any recognized, printed codes or compilations in whole or in part. D. No ordinance shall be amended unless a new ordinance sets forth each amended section or subsection at full length. E. Voting on final passage of all ordinances shall be by roll call vote. (Ord. 2008- 004 Exh. A). 2.02.110 Ordinances — Introduction. A. All proposed ordinances shall be filed with the clerk of the council in their entirety in writing and shall be introduced by a councilmember or by consent of the full council. B. Proposed ordinances shall be introduced on the council's agenda by title, following which the council may refer the proposal to the appropriate standing or special committee, or to e committee of the whole, or schedule the proposal for public hearing. , proposed ordinances shall be placed upon the council's agenda for action Following committee report or eublic hearing closure, an ordinance that has been properly introduced and scheduled on the agenda may be considered by the full council. C. At least 13 days shall pass between introduction and final passage of every ordinance, except emergency ordinances. (Ord. 2008-004 Exh. A). 2.02.115 Ordinances — Reintroduction. Any ordinance which has been introduced and not acted upon within 120 days of its introduction must be reintroduced, notice of introduction republished, and at least 13 days elapsed before it can come up for Final consideration; except, if any such ordinance has been under active consideration by any standing committee, special ad hoc committee, or committee of the whole and has appeared at least twice on such committee's published agenda, it is not subject to this requirement. (Ord. 2008-004 Exh. A). 2.02.120 Ordinances — Publication of proposed and enacted ordinances. Ordinances, or summaries of them, the places where copies are filed, and the times when they are available for inspection shall be published when the ordinances are proposed for introduction and again upon enactment. (Ord. 2008-004 Exh. A). 2.02.125 Ordinances — Effective date. Every ordinance which passes the council must be presented to the county executive. If the executive approves and signs the ordinance, it shall take effect 10 days after the date it is signed by the county executive, or otherwise enacted, or at a later date if stated in the ordinance. If the executive does not either sign or veto an ordinance within 10 days, Saturdays, Sundays, and holidays excepted, after presentation of the ordinance by the council, it shall become law without the executive's signature. (Ord. 2008-004 Exh. A). 2.02.130 Ordinances — Veto message — Overriding. If an ordinance is not approved by the executive, the entire ordinance shall be vetoed and returned with the executive's written objections, which shall be attached to the ordinance, placed in the council's agenda bill file, and distributed to all councilmembers. If, within 30 days after being returned°to the council, the ordinance receives the irma ve vel- . of two thirdsof the entire an affirmative roll -call vote by two-thirds of the entire council, it shall become law. (Ord. 2008-004 Exh. A). 77 2.02.135 Emergency ordinances. An emergency ordinance necessary for the immediate preservation of the public peace, health, safety, or support of the county government and its existing institutions may be passed by a two thirds vote of the county councill7an affirmative roll -call vote by two-thirds of the entire council. An emergency ordinance shall be effective immediately when approved by the county executive. The specific emergency and the facts creating it shall be clearly stated in the ordinance. All emergency ordinances, except those making appropriations from an emergency reserve of borrowing money for 120 days or less, shall expire as of the sixty-first day following the date on which the ordinance became law. (Ord. 2008- 004 Exh. A). 2.02.140 Signature on documents. All official documents issued by order of the council shall be signed by the chairperson and attested by the clerk of the council, except as otherwise provided by the Charter. (Ord. 2008-004 Exh. A). 2.02.145 Requests for ordinances or legal opinions. A. Any member of the county council may forward a request to the county executive to have proposed legislation prepared for placement on an upcoming agenda. B. Any member of the county council may request written legal opinions, relating to county business, from the county prosecuting attorney or designee. C. Any member of the council may, for purposes of inquiry, request verbal opinions or advice on county legal matters directly from the council's assigned attorney. (Ord. 2008-004 Exh. A). 2.02.150 Duties of the chair. "f he chairperson shall supervise the clerk of the council, the planning and policy analyst, and the contracted hearing examiner; provided, however, that such powers shall be exercised at the direction of the council. (Ord. 2008-004 Exh. A). 2.02.155 Clerk. A. The county council shall employ and supervise the clerk of the county council, who shall function as the administrative department director with the responsibility for the operation of the council office and the council clerk's staff. The clerk shall serve at the will of the council and will consult the council on major policy or procedural matters. B. The clerk of the council shall supervise, hire and have full disciplinary authority over assigned staff. An employee may seek review by the council's finance and administrative services committee of a disciplinary action taken by the clerk of the council; provided further, that such review shall take place in executive session with both the clerk and the employee requesting the review present. C. The clerk will prepare and justify the department budget, monitor all fiscal operations of the department, and approve all departmental expenditures. The clerk will provide planning leadership and direction for assigned staff. The clerk will develop policy recommendations concerning county -wide programs, and will develop and implement departmental policies and procedures. D. The duties of the clerk of the county council shall include, but not be limited to, those statutory powers, responsibilities and duties specified in RCW 36.22.010(6), 36.22.020, 36.32.135 and 36.32.140. E. The duties of the clerk of the county council shall be increased or decreased consistent with future enactments of the state legislature. F. The clerk of the county council shall file with the county auditor, at such time as they may be microfilmed, all original documents presented to the county council along with a notation of the council's official action securely appended for secure disposition of all such official records. G. All tort liability claims filed against Whatcom County shall first be served upon the clerk of the county council or designee. (Ord. 2008-004 Exh. A). 2.02.160 Hearing examiner. The county council shall administer an annual contract for hearing examiner services. The duties of the hearing examiner are established in Chapter 20.92 WCC. (Ord. 2008-004 Exh. A). 2.02.165 Planning and policy analyst. The position of planning and policy analyst shall be employed as an independent staff member reporting to the county council, and shall be responsible for such duties as may be assigned by the county council. (Ord. 2008-004 Exh. A). 2.02.170 Correspondence requirements. Upon approval by a majority of the entire council, it shall be the responsibility of the council chairperson to respond to any correspondence on behalf of the council. Communications requesting council action shall be placed on the appropriate council committee agenda for consideration and recommendation to the full council. A copy of all council -initiated correspondence shall be kept in the council office. (Ord. 2008-004 Exh. A). 2.02.175 Requests of the executive branch. The county council, its staff, and individual counciImembers shall not interfere in the day-to-day operations of the executive branch, nor shall they give orders to or direct, either publicly or privately, any officer or employee of the executive branch. Requests for detailed information and attendance by executive staff at any council committee or full council meeting shall be submitted to the county executive's office for handling. Requests for documents that are readily available to the public may go directly to a specific department without seeking approval of the county executive. (Ord. 2008-004 Exh. A). 2.02.180 Handling complaints and concerns. A. The duty and responsibility for receiving and addressing complaints and concerns that are not related to the council's legislative responsibility or matters before the council or one of its committees are delegated to the county administration and the various executive official and department heads by the county charter. B. Councilmembers shall refer all complaints and concerns which are not county policy or legislative matters to the administration, various elected officials or department heads, as circumstances dictate, for resolution before any council action is initiated, after which the county council, council committees, or individual counciImembers may address such issues with the administration before deciding if legislative action by the council is appropriate. (Ord. 2008-004 Exh. A). 2.02.185 Travel and expense approval. A. All councilmember expense claims shall be subject to approval by the chair of the council or authorized designee; B. Expense claims made by the chair shall be approved by the vice chair or authorized designee; C. Expense claims shall be submitted in detailed account citing date, place, and business purpose in accordance with procedures established by and forms approved by administrative services finance; D. Original receipts prepared and issued by the service provider or copies of endorsed checks are required whenever this policy provides for actual cost reimbursement; and 79 E. Itemized expense claims shall be submitted to the deputy clerk of the council after obtaining written approval from the chair or vice chair, as appropriate. (Ord. 2008-004 Exh. A). 2.02.190 Suspension of rules. The rules and procedures set forth in this chapter may be suspended in specific instances by an affirma4i.e-r�+ll vote of of least two-thirds of thn memr efs—of the coup it an affirmative roll -call vote by two-thirds of the entire council. (Ord. 2008-004 Exh. A). :1 TO ALL COUNCIL MEMBERS: IMPORTANT INFORMATION FOR COTW (DATE) March 30,, 2010 A62010-143A 1. Discussion regarding the proposed ordinance amending Whatcom County Code 2.02, County Council (AB2010- 143A) (ordinance scheduled for introduction this evening) ADDITIONAL INFORMATION (Attached are the amendments that were included in the March 16, 2010 Council meeting) Black/bold font - Mann, Brown -Davis Blue font - Crawford (double underline) Green font - further revisions by Mann (larger font) EXHIBIT A (Ordinance amending WCC 2.02) CHAPTER 2.02 COUNTY COUNCIL Sections: 2.02.005 Council — Composition. 2.02.010 Council — Terms of office. 2.02.015 Council vacancies — Announcement. 2.02.020 Council vacancies — Qualifications. 2.02.025 Council vacancies — Nominations. 2.02.030 Council vacancies — Procedures. 2.02.035 Council vacancies — Term of appointee. 2.02.040 Meetings — General rules. 2.02.045 Meetings — Agenda. 2.02.050 Meetings — Council acting in other capacities. 2.02.055 Meetings — Order of business. 2.02.060 Meetings — Decorum of debate. 2.02.065 Meetings — Powers of the chair. 2.02.070 Meetings —Annual reorganization and election of officers. 2.02.075 Standing committees — Established. 2.02.080 Standing committees — Membership. 2.02.085 Standing committees — Committee action. 2.02.090 Membership on required boards, commissions, and committees. 2.02.095 Appointment of noncounciImembers to boards, commissions, and committees. 2.02.100 Resolutions — General provisions. 2.02.105 Ordinances — General provisions. 2.02.110 Ordinances — Introduction. 2.02.115 Ordinances — Reintroduction. 2.02.120 Ordinances — Publication of proposed and enacted ordinances. 2.02.125 Ordinances — Effective date. 2.02.130 Ordinances — Veto message — Overriding. 2.02.135 Emergency ordinances. 2.02.140 Signature on documents. 2.02.145 Requests for ordinances or legal opinions. 2.02.150 Duties of the chair. 2.02.155 Clerk. 2.02.160 Hearing examiner. 2.02.165 Planning and policy analyst. 2.02.170 Correspondence requirements. 2.02.175 Requests of the executive branch. 2.02.180 Handling complaints and concerns. 2.02.185 Travel and expense approval. 2.02.190 Suspension of rules. *Prior legislative history: Ord. 2008-004 repealed Ch. 2.02. Ords. 79-1, 79-7, 81-107, 88-10, 88-21, 88-25, 89- 17, 89-26, 90-6, 90-8, 91-001, 91-030, 94-007, 95-003, 95-055, 96-035, 2001-061, 2002-022, 2004-006 and 2007-044 and Resos. 79-1, 79-2, 80-42, 82-1, 82-8, 83-45, 85-3, 97-006, 98-020 and 99-045 were formerly codified in the chapter. 2.02.005 Council — Composition. The council shall consist of seven members, two councilmembers from each of the three council districts and one councilmember at large. (Ord. 2008-004 Exh. A). 2.02.010 Council — Terms of office. The term of office of each elected councilmember shall be four years, commencing on the second Monday in January following election. (Ord. 2008-004 Exh. A). 2.02.015 Council vacancies — Announcement. A. The council shall publicly announce any vacancy and shall provide a reasonable period for interested candidates to contact councilmembers and request that his or her name be considered for the vacant position. B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2008-004 Exh. A). 2.02.020 Council vacancies — Qualifications. A. A vacancy on the county council shall be filled by a qualified registered voter resident of the district he or she represents, meeting all of the qualifications of Section 4.20 of the Whatcom County Charter, subject to the provisions of WCC 2.02.020 B. below. B. *** DELETE B ***Any otherwise qualified registered voter resident who filed to run for any county council position during the council term which has been vacatedor who filed for election to the county council in the same filing period for the term that has become vacant, but did not win election to any county council position as provided in Section 2.13 of the Whatcom County Charter shall not be eligible for appointment to the county council. *** DELETE B *** C. A county council member currently serving a term and meeting the eligibility requirements of 2.02.020 A. above, but whose term will expire within 60 days of a council vacancy, shall be eligible for nomination by another council member and appointment to fill a council vacancy term governed by Section 4.50 of the Whatcom County Charter. That council member may not vote on the appointment of other nominees to that same vacancy, btFt and shall not vote on their own appointment. No council member may nominate himself or herself to fill a council vacancy. BD. Any information provided by a nominee sha# may be checked to verify qualifications, and submission of a personal resume may be requested. (Ord. 2008-004 Exh. A). 2.02.025 Council vacancies — Nominations. A. Nominations to fill a vacancy on the county council shall be made by any councilmember who may place the individual's name into nomination in a regular open meeting. B. All names submitted swatl may be referred to a committee of the whole for consideration. C. Nominees may be personally interviewed by a committee or any councilmember or councilmembers chosen by the council to conduct such interviews. (Ord. 2008-004 Exh. A). 2.02.030 Council vacancies — Procedures. A. An appointment to fill a vacancy on the council shall be approved by majority roll call vote of the entire remaining council. B. If at any time the membership of the council is reduced below that normally required to constitute a quorum by virtue of vacancies on the council, a majority of the entire remaining members council may nevertheless fill the vacancies. C. If a council vacancy remains unfilled for a period of 30 days because of the inability of the council to make the appointment, the vacancy shall be Filled by the county executive from among those persons nominated by the members of the council. (Ord. 2008-004 Exh. A). 2.02.035 Council vacancies — Term of appointee. Section 4.50 of the Whatcom County Charter shall govern the term for which the appointee may serve. (Ord. 2008-004 Exh. A). 2.02.040 Meetings — General rules. A. It is the policy of the council that, to the greatest extent possible, all official meetings of the council and its committees shall be open to the public, with the exception of "executive sessions" (closed to the public), for certain limited topics, as defined in RCW 42.23.110. All council and committee meetings will be held in compliance with the state Open Public Meetings Act (Chapter 42.30 RCW). B. Regular meetings of the county council and its standing committees shall be held every other Tuesday in the Whatcom County Council Chambers, unless decided otherwise by the council. A schedule of specific meeting dates shall be approved by resolution annually. The chairperson of the council or the chairperson of any of its standing committees may call special meetings as required, provided proper public notice and notice to councilmembers is given. C. Committee of the whole meetings will be scheduled as necessary. These meetings may be cancelled at the will of the council. D. Executive sessions (closed meetings) may be held in accordance with the provisions of the Washington State Open Public Meetings Act. (RCW 42.30.110) E. All council and council committee meetings shall be conducted pursuant to Sturgis Standard Code of Parliamentary Procedure, latest edition, except when in conflict with the standing rules of the council. A copy of the Standard Code of Parliamentary Procedure shall be available in the council office for review. F. A majority (four members) of the council shall be in attendance to constitute a quorum and shall be necessary for the transaction of the council's business. If at any time the membership of the council is reduced below that normally required to constitute a quorum by virtue of vacancies on the council, a majority of the entire remaining council may conduct business. A majority of a council committee (two members) shall be necessary for the transaction of a committee's business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. G. In the event of a tie in votes on any motion, the motion shall be considered lost. H. Any session of the council may be continued or adjourned from day-to-day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. (RCW 42.30.090) I. The council may schedule work sessions (open to the public) at the call of the council chair or of any two or more members of the council to review forthcoming programs of the county, receive progress reports on current programs or projects, or receive other similar information from the county executive or county staff. Formal action may be taken at these meetings. J. The clerk of the council shall keep an account of all proceedings of the council. Written minutes shall be recorded promptly after every meeting and, upon approval by the council, shall be entered in a minutes book constituting the official record of the council. All approved minutes shall be open to public inspection. Minutes shall include a summation of the actions and discussions forthcoming from each council and committee meeting, as well as a record of the vote of each councilmember. A verbatim public record shall be kept of each meeting by electronic or mechanical means for a reasonable period of time as provided by state law. K. Minutes of a council meeting are required to be read into the record only if requested by a member of the council. Minutes may be approved without reading if the clerk of the council previously furnished each councilmember with a copy thereof. L. WheR addressing the GGunGi1 dDuring an open session or public hearing, audience members will be given three minutes to address the council. M. Cell phones shall be silenced and cell phone conversations shall be prohibited within the confines of the council chambers during meetings. N. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous; while addr-es ing the ,.,,URGil attending a council or council committee meeting may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the council during that seURGil meeting. (Ord. 2008-004 Exh. A). 2.02.045 Meetings — Agenda. A. The clerk of the council shall consult with the council chair and the chair of each committee prior to preparation of the council's agenda. The clerk shall prepare the agenda, which, together with supporting documents, shall be provided to all councilmembers no less than five days prior to each regular council meeting and at the earliest possible date prior to any special meeting. The agenda shall be posted conspicuously within the Whatcom County Courthouse and shall be available for review on the council's web page. B. Upon request by any two or more members of the council at any council meeting, an item of business shall be placed on the agenda of the next regular meeting. C. Consent items may be acted upon en masse; provided, however, that any consent item shall be considered separately if so requested by a councilmember, a member of the county administration, or a member of the public. D. Introduction items may be accepted en masse; provided, however, that any introduction item shall be considered separately if so requested by one or more councilmembers. (Ord. 2008-004 Exh. A). 2.02.050 Meetings — Council acting in other capacities. Where the members of the county council sit in an administrative or legislative capacity in situations such as, but not limited to, supervisors of a special district or members of -the county health board, all business in these other capacities shall be treated as regular items of business during council meetings. The agenda for the meeting shall note any items being considered in one or more of these other capacities. It shall not be necessary for the council to adjourn itself in order to consider items in these other capacities. All actions taken by the council regarding issues in these other capacities shall be deemed to have been enacted or approved by those entities under the authority as may be provided for in law, or the authority of the county if appropriate. (Ord. 2008-046 § 1; Ord. 2008-004 Exh. A). 2.02.055 Meetings — Order of business. Business may include but not be limited to the following order: 1. Roll call; 2. Flag salute; 3. Announcements; 4. Special presentations; 5. Approval of minutes; 6. Open session; 7. Public hearings and final consideration of hearing items; 8. Consent agenda; 9. Final consideration of other items; 10. Introduction of ordinances and resolutions; 11. Reports and other items from councilmembers; 12. Adjourn. (Ord. 2008-004 Exh. A). 2.02.060 Meetings - Decorum of debate. A. Any councilmerriber desiring to speak shall first be recognized by the chair and shall confine his or her remarks to one subject under consideration or to be considered. The councilmember who has proposed a motion or the committee member who has presented a report shall be allowed the first opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small group of members shall be permitted to monopolize the discussion on a question. If a member has already spoken and other members wish to speak, they should be recognized in preference to the member who has already spoken on a question. B. Councilmembers shall address each other as "councilmember" and the council chair shall be addressed as "chair." C. Staff members, presenters, and the general public shall be addressed as Mr., Mrs., eF Ms., or by their official or honorary title. D. When two or more councilmembers desire to speak at the same time, the chair shall name the member who shall have the floor. E. No membei: of the GOURGOI shall speak a seGend time to the same question as long as env member who desires to sneak has not spoken to that question. (This is already mentioned in "A") E. When a councilmember is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order. The chair should insist that every member be attentive to the business before the assembly. 8: F. When it appears that all councilmembers who wish to speak have done so, the chair shall inquire, "Is there any further discussion?" If there is not, the question is put to a vote. H-. G. To bring a question to immediate vote, a councilmember may move to close debate. If more than one motion is pending, the motion to close debate should specify the pending motions to which it applies (main motion, motion to amend, etc.). The :. motion to close debate cannot interrupt a speaker, is not debatable, and requires a two- thirds affirmative vote of the entire council. The motion to close debate should be used in moderation, as members cannot be expected to maintain interest in an organization if they are frequently denied the right to participate in its deliberations. (Ord. 2008-004 Exh. A). 2.02.065 Meetings — Powers of the chair. A. The council chair, if present, shall preside as chairman at all meetings of the council. In the absence of the council chair, the vice chair shall preside. In the absence of both the council chair and the vice chair, the council shall elect a chair. B. All meetings of the council shall be called to order by the council chair or vice chair. In the absence of both the council chair and the vice chair, the meeting shall be called to order by the clerk of the council for the election of a temporary chair. The roll shall then be called by the clerk, who shall enter in the minutes of the meeting the names of the members present. Four councilmembers shall be in attendance to constitute a quorum. C. The chair shall preserve order and is responsible for controlling and expediting debate. Anv member who fails OF refuses to speak an an orderly and GGuFteeus-R�� may he denied the rir.hf +n +he flnnr and may he eien+ed from the mee�i r+n v erdeF ofthe ore idinn nffiner OF by ma"GFRVya ee cro4he entire GGunGfl- D. The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" E. The chair shall state all questions submitted for a vote and announce the result. A roll call vote is required for all ordinances and may be taken upon request of a councilmember for all other items. F. The presiding officer may move and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilmember by reason of his acting as -the presiding officer. (Ord. 2008-004 Exh. A). 2.02.070 Meetings — Annual reorganization and election of officers. A. At its first committee of the whole or regular council meeting in January, the council shall schedule its annual reorganization. At this meeting, the council shall elect, by majority roll call vote of the entire council, or by general consent when applicable, ("general consent" added to cover us when the number of positions available on a board or committee matches the number of folks that want the spot — no need for a roll call on every one), PON Gall vote of a FnajeFity of the full GOURGUI, the chair, vice chair, the executive pro tempore and the members of all standing committees. Prior to each reorganizational meeting, the council clerk or chairperson shall ask councilmembers to circulate to each other in writing their requests for committee assignments and other offices. No councilmember shall hold the position of chair more than two full consecutive years. B. The chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore who was selected pursuant to the above procedure. Terms of office shall begin at the conclusion of the reorganizational meeting. C. In the temporary absence of the chairperson, the vice chairperson shall perform the duties and responsibilities of the chairperson. A temporary chairperson shall be EM elected should both the chairperson and vice chairperson be absent and shall serve during such absence. (Ord. 2008-004 Exh. A). 2.02.075 Standing committees — Established. The following committees are established: A. Finance and Administrative Services. General areas of responsibility for this committee shall be budget, taxation and purchasing issues, personnel policies and union negotiations; B. Planning and Development. General areas of responsibility for this committee shall be zoning, development, stormwater, and fire; C. Public Works and Safety. General areas of responsibility for this committee shall be road construction and vacations, solid waste, new construction, remodeling, public utilities issues, and criminal justice activities and planning; D. Natural Resources. General areas of responsibility for this committee shall be water, forestry, agriculture, fishery and mineral issues; E. Health. General areas of responsibility for this committee shall be health -related issues referred to the committee by the health board, public health advisory board, or health department. (Ord. 2008-004 Exh. A). 2.02.080 Standing committees — Membership. A. There shall be three members of all standing committees, membership to be determined by majority roll call vote of the entire council. The committee members shall be responsible for election of a chairperson and its internal organization. B. The time of standing committee meetings shall be determined by the chairperson of each committee. (Ord. 2008-004 Exh. A). 2.02.085 Standing committees — Committee action. A recommendation of any committee shall be agreed to by a majority of the committee in a regularly called meeting before a proposed item is reported out. All actions of a committee pertaining to an ordinance that has been properly introduced, as specified elsewhere in this chapter, will be reported out to the full council for final consideration. A committee report may contain only that information which is approved by a majority vote of the committee; however, minority reports may be presented to the full council after the committee report is presented. A majority recommendation of the committee may be "do pass," "do pass as amended," "do pass the attached substitute ordinance," "do not pass," "no recommendation," "postpone indefinitely" or "withdraw." Minority reports may also be submitted. (Ord. 2008-004 Exh. A). 2.02.090 Membership on required boards, commissions, and committees. Membership of councilmembers on those boards, commissions or committees on which, by law, members of the legislative body are required to sit shall be determined by majority roll call vote of the entire council, or by -general consent when applicable ("-general consent" added to cover us when the number of positions available on a board or committee matches the number of folks that want the spot — no need for a roll call on every one). Councilmembers who are appointed by the county to any other county governmental boards, commissions or committees, other than ad hoc council committees, shall likewise be determined by a majority roll call vote by of the entire council. (Ord. 2008-004 Exh. A). 2.02.095 Appointment of non-councilmembers to boards, commissions, and committees. A. Appointments of non -co uncilmembers to all county or intergovernmental boards, commissions or committees which exercise either an administrative or a legislative function shall be made by the county council in accord with Chapter 2.03 WCC. B. The council may, by majority roll call vote of the entire council, remove any council -appointed member of a board, commission, or committee. (Ord. 2008-004 Exh. A). 2.02.100 Resolutions —General provisions. The county council may pass resolutions to organize and administer the legislative branch, to make declarations of policy which do not have the force of law, and to request information from any other agency of county government. Resolutions shall not be subject to the veto power of the executive, and the council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. All resolutions shall be filed with the clerk of the council in writing in their entirety and shall be scheduled on the council's agenda as requested and required. (Ord. 2008-004 Exh. A). 2.02.105 Ordinances — General provisions. A. Every legislative act shall be by ordinance. B. The subject of every ordinance shall be clearly stated in the title and no ordinance shall contain more than one subject. C. Ordinances may, by reference, adopt Washington State statutes or any recognized, printed codes or compilations in whole or in part. D. No ordinance shall be amended unless a new ordinance sets forth each amended section or subsection at full length. E. Voting on final passage of all ordinances shall be by roll call vote. (Ord. 2008-004 Exh. A). 2.02.110 Ordinances — Introduction. A. All proposed ordinances shall be filed with the clerk of the council in their entirety in writing and shall be introduced by a councilmember or by consent of the full council. B. Proposed ordinances shall be introduced on the council's agenda by title, following which the council may refer the proposal to the appropriate standing or special committee, orto e committee of the whole, or schedule the proposal for public hearing I pen being e�Fted A pFop_osed eFdinaAGes shall �`agenda for aGtOOR Following committee report or public hearing closure, an ordinance that has been properly introduced and scheduled on the agenda may be considered by the full council. C. At least 13 days shall pass between introduction and final passage of every ordinance, except emergency ordinances. (Ord. 2008-004 Exh. A). 2.02.115 Ordinances — Reintroduction. Any ordinance which has been introduced and not acted upon within 120 days of its introduction must be reintroduced, notice of introduction republished, and at least 13 i• days elapsed before it can come up for final consideration; except, if any such ordinance has been under active consideration by any standing committee, special ad hoc committee, or committee of the whole and has appeared at least twice on such committee's published agenda, it is not subject to this requirement. (Ord. 2008-004 Exh. A). 2.02.120 Ordinances — Publication of proposed and enacted ordinances. Ordinances, or summaries of them, the places where copies are filed, and the times when they are available for inspection shall be published when the ordinances are proposed for introduction and again upon enactment. (Ord. 2008-004 Exh. A). 2.02.125 Ordinances — Effective date. Every ordinance which passes the council must be presented to the county executive. If the executive approves and signs the ordinance, it shall take effect 10 days after the date it is signed by the county executive, or otherwise enacted, or at a later date if stated in the ordinance. If the executive does not either sign or veto an ordinance within 10 days, Saturdays, Sundays, and holidays excepted, after presentation of the ordinance by the council, it shall become law without the executive's signature. (Ord. 2008-004 Exh. A). 2.02.130 Ordinances — Veto message — Overriding. If an ordinance is not approved by the executive, the entire ordinance shall be vetoed and returned with the executive's written objections, which shall be attached to the ordinance, placed in the Council's agenda bill file, and distributed to all councilmembers. If, within 30 days after being returned to the council, the ordinance receives the affirmative vote, bV roll call, of two-thirds of the entire council, it shall become law. (Ord. 2008-004 Exh. A). 2.02.135 Emergency ordinances. An emergency ordinance necessary for the immediate preservation of the public peace, health, safety, or support of the county government and its existing institutions may be passed by a two-thirds roll call vote of the entire county council An emergency ordinance shall be effective immediately when approved by the county executive. The specific emergency and the facts creating it shall be clearly stated in the ordinance. All emergency ordinances, except those making appropriations from an emergency reserve of borrowing money for 120 days or less, shall expire as of the sixty-first day following the date on which the ordinance became law. (Ord. 2008-004 Exh. A). 2.02.140 Signature on documents. All official documents issued by order of the council shall be signed by the chairperson and attested by the clerk of the council, except as otherwise provided by the Charter. (Ord. 2008-004 Exh. A). 2.02.145 Requests for ordinances or legal opinions. A. Any member of the county council may forward a request to the county executive to have proposed legislation prepared for placement on an upcoming agenda. B. Any member of the county council may request written legal opinions, relating to county business, from the county prosecuting attorney or designee. C. Any member of the council may, for purposes of inquiry, request verbal opinions or advice on county legal matters directly from the council's assigned attorney. (Ord. 2008- 004 Exh. A). 2.02.150 Duties of the chair. The chairperson shall supervise the clerk of the council, the planning and policy analyst, and the contracted hearing examiner; provided, however, that such powers shall be exercised at the direction of the council. (Ord. 2008-004 Exh. A). 2.02.155 Clerk. A. The county council shall employ and supervise the clerk of the county council, who shall function as the administrative department director with the responsibility for the operation of the council office and the council clerk's staff. The clerk shall serve at the will of the council and will consult the council on major policy or procedural matters. B. The clerk of the council shall supervise, hire and have full disciplinary authority over assigned staff. An employee may seek review by the council's finance and administrative services committee of a disciplinary action taken by the clerk of the council; provided further, that such review shall take place in executive session with both the clerk and the employee requesting the review present. C. The clerk will prepare and justify the department budget, monitor all fiscal operations of the department, and approve all departmental expenditures. The clerk will provide planning leadership and direction for assigned staff. The clerk will develop policy recommendations concerning county -wide programs, and will develop and implement departmental policies and procedures. D. The duties of the clerk of the county council shall include, but not be limited to, those statutory powers, responsibilities and duties specified in RCW 36.22.010(6), 36.22.020, 36.32.135 and 36.32.140. E. The duties of the clerk of the county council shall be increased or decreased consistent with future enactments of the state legislature. F. The clerk of the county council shall file with the county auditor, at such time as they may be microfilmed, all original documents presented to the county council along with a notation of the councif's official action securely appended for secure disposition of all such official records. G. All tort liability claims filed against Whatcom County shall first be served upon the clerk of the county council or designee. (Ord. 2008-004 Exh. A). 2.02.160 Hearing examiner. The county council shall administer an annual contract for hearing examiner services. The duties of the hearing examiner are established in Chapter 20.92 WCC. (Ord. 2008- 004 Exh. A). 2.02.165 Planning and policy analyst. The position of planning and policy analyst shall be employed as an independent staff member reporting to the county council, and shall be responsible for such duties as may be assigned by the county council. (Ord. 2008-004 Exh. A). 2.02.170 Correspondence requirements. Upon approval by a majority of the entire council, it shall be the responsibility of the council chairperson to respond to any correspondence on behalf of the council. 91 Communications requesting council action shall be placed on the appropriate council committee agenda for consideration and recommendation to the full council. A copy of all council -initiated correspondence shall be kept in the council office. (Ord. 2008-004 Exh. A). 2.02.175 Requests of the executive branch. The county council, its staff, and individual councilmembers shall not interfere in the day-to-day operations of the executive branch, nor shall they give orders to or direct, either publicly or privately, any officer or employee of the executive branch. Requests for detailed information and attendance by executive staff at any council committee or full council meeting shall be submitted to the county executive's office for handling. Requests for documents that are readily available to the public may go directly to a specific department without seeking approval of the county executive. (Ord. 2008-004 Exh. A). 2.02.180 Handling complaints and concerns. A. The duty and responsibility for receiving and addressing complaints and concerns that are not related to the council's legislative responsibility or matters before the council or one of its committees are delegated to the county administration and -the various executive official and department heads by the county charter. B. Councilmembers shall refer all complaints and concerns which are not county policy or legislative matters to the administration, various elected officials or department heads, as circumstances dictate, for resolution before any council action is initiated, after which the county council, council committees, or individual councilmembers may address such issues with the administration before deciding if legislative action by the council is appropriate. (Ord. 2008-004 Exh. A). 2.02.185 Travel and expense approval. A. All councilmember expense claims shall be subject to approval by the chair of the council or authorized designee; B. Expense claims made by the chair shall be approved by the vice chair or authorized designee; C. Expense claims shall be submitted in detailed account citing date, place, and business purpose in accordance with procedures established by and forms approved by administrative services finance; D. Original receipts prepared and issued by the service provider or copies of endorsed checks are required whenever this policy provides for actual cost reimbursement; and E. Itemized expense claims shall be submitted to the deputy clerk of the council after obtaining written approval from the chair or vice chair, as appropriate. (Ord. 2008-004 Exh. A). 2.02.190 Suspension of rules. The rules and procedures set forth in this chapter may be suspended in specific instances by an affirmative roll call vote of at least two-thirds of the members of the entire council. (Ord. 2008-004 Exh. A). 92 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 143 B CLEARANCES Initial Date D ve in Muncil O ice Agenda Date Assigned to: Originator: Mann 3/24/2010 LZVIED MAR 24 2010 3/30/2010 COTW/Introduction Division Head: 4 / 13 / 2010 COTW Dept. Head.. a P.�VW%ICOM COUNTY Prosecutor: COUNCIL Purchasin Bud et: —f Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.03, Boards and Commissions ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 4/13/2010 SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending WCC 2.03, Boards and Commissions COMMITTEE ACTION. COUNCIL ACTION. 3/30/2010: Held in Committee 3/30/2010: Pulled from Introduction Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounLys website at: www.co.whatcomwa.uslcouncil. 93 2010 Ord\Amend WCC 2.03, County Council SPONSORED BY: Consent PROPOSED BY: Ken Mann INTRODUCTION DATE: 3/30/2010 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS WHEREAS, Whatcom County Code Section 2.03 sets forth guidelines for the appointment of councilmembers and non-councilmembers to boards, commissions, and committees; and WHEREAS, amendments to Whatcom County Code 2.03 are necessary to allow for a change in the term of office expiration date for all appointments and to clarify the rules for appointment and re -appointment of non-councilmembers to boards, committees, or commissions. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.03 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this day of , 2010 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council ""• ON—AUZ 1102 9010 WN, _. R A'��J Civil Deputy Prosecutor Page 1 Sam Crawford, Council Chair ❑ Approved ❑ Denied Pete Kremen, County Executive EXHIBIT A (Ordinance amending WCC 2.03) CHAPTER 2.03 BOARDS AND COMMISSIONS Sections: 2.03.010 Election of councilmembers as representatives to various boards and committees. 2.03.020 Terms. 2.03.025 Removal. 2.03.030 Limited terms. 2.03.040 Executive's terms. 2.03.050 Effective date. 2.03.060 Appointment of non -council members to boards, commissions and committees. 2.03.065 Appointment of planning commission members. 2.03.070 Confirmation of appointments. 2.03.075 Review of nominees and executive appointees. 2.03.080 Vacancies on citizen boards, committees and commissions. 2.03.090 Qualifications. 2.03.010 Election of councilmembers as representatives to various boards and committees. A. Each year at its annual meeting, the county council shall elect its representatives who shall serve until the next annual meeting to the various boards and commissions on which it must appoint its own members to serve. B. This annual election for one-year terms shall begin in January, 1981. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Res. 80-12 §§ 1, 2). 2.03.020 Terms. A. The term of office for the board of equalization shall be three years pursuant to RCW 84.48.026. B. All other appointments to boards, committees and commissions of non- councilmembers made by the council shall be for a term no longer than four years, and shall expire on De^"c�, gbeF 319t, January 31s' of the specified year, except for those appointments made to fill an incomplete term in which case it shall be for the balance of that term. C. Term lengths for those members first appointed to newly created boards, committees and commissions shall be staggered so that the terms of future members do not expire on the same date. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)). 2.03.025 Removal. In circumstances where the council has the authority to remove from office a member of a board, committee, or commission prior to the expiration of the board, committee or commission member's term of office, the council shall make such removal only upon the proper grounds specified in law. In the absence of such guidance in law, the council shall not remove a member from office without having given the member an opportunity to be heard by the council, if so requested. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 83- 19 (part); Res. 80-13 § 1 (part)). 95 2.03.030 Limited terms. No board, commission or committee member shall serve more than two consecutive full terms; however, after serving two consecutive full terms a citizen may become eligible for re -appointment to a board, commission or committee after a one-year period of separation from the respective board, commission or committee on which they have previously served The first term of all members appointed to a newly created board, commission or committee shall be considered a full term for the purpose of this section, regardless of initial staggered term length. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 2). 2.03.040 Executive's terms. "rhose positions to which the county council appoints the executive to serve shall be for the executive's term of office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 3). 2.03.050 Effective date. "rhe term of office limitations shall apply to all appointments made by the county council since May 1, 1979. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93- 003 Attachment E (part); Res. 80-13 § 4). 2.03.060 Appointment of non-councilmembers to boards, commissions and committees. eF the eeuncilmen9beF at IaFge. Veting en these neminatiens shall be at the next, requests etheFWise. Sueh appeintments shall be made by majeFlty Fell call vete e For appointment by the council of non-councilmembers to those boards, commissions, and committees performing either an administrative or a legislative function, council shall advertise a vacancy and include an application deadline of 4:00 p.m. on the day of the regularly scheduled council meeting at which nominations are scheduled to occur. Councilmembers shall make nominations from the list of applicants at this at large. At a subsequent meeting, appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire council. In the case of only one applicant for a given vacancy, nomination and appointment by general consent may occur. -(Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)). .9 2.03.065 Appointment of planning commission members. Council members will follow the procedure set forth in WCC 2.03.060 when making nominations and appointments to the planning commission. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part)). 2.03.070 Confirmation of appointments. A. Council confirmation of executive appointments shall be handled in the following manner: The executive shall present in writing to the council office no later than seven days before the council meeting at which action is requested, the names of his appointments, positions and terms to which they are to be appointed, information on the appointees' qualifications or background, and any other information the executive deems appropriate, except in the case of executive appointments to executive and administrative offices, in which case, this information shall include a job description and a resume. This information shall also be made available upon request to the public. B. The council shall confirm or reject appointments by the county executive within 30 days of the date the names are submitted to it; failure to act within this time period shall cause the appointees to be deemed confirmed. Confirmation or rejections shall be by an affirmative vote by a majority of the entire council (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)). 2.03.075 Review of nominees and executive appointees. A. Council members will individually be responsible for meeting or contacting individuals nominated to serve on a board, commission, or committee, and individuals whose appointment by the executive is scheduled for confirmation by the council, prior to the council's consideration of the nomination or request for confirmation. B. The council chairperson may arrange for the council interview of the nominee or the recommended executive appointee prior to the regularly scheduled council meeting at which appointment or confirmation will be considered. C. The names of recommended appointees by the executive, and the names of nominees by council members, shall be published on the agenda for the council meeting at which action is to be taken in filling a position or confirming an appointment. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A) 2.03.080 Vacancies on citizen boards, committees and commissions. A. The clerk of the council shall cause to be compiled and published annually a listing of vacancies and anticipated vacancies on all citizen boards, committees and commissions, within the appointive jurisdiction of both the council and the executive. B. The listing shall state the title and term of office of each position, residency requirements (if any), the appointing authority, and an address and telephone number for obtaining further information or for making applications. The listing shall also include a brief description of the duties of each position and information on when the regular meetings of the body in question are held. C. The listing shall be posted in conspicuous places in the Courthouse, provided to all county council members, public libraries and city halls in the county, and be made available to the public and news media at no charge. D. Persons expressing an interest in applying for appointment to a council - appointed position on a board, commission or committee shall be given an application form which they must complete and file with the clerk, giving their name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the clerk's office. 97 E. Persons expressing an interest in applying for appointment to an executive - appointed position on a board, commission or committee shall be given an application form which they must complete and file with the executive's office, giving their name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the executive's office. F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the executive and may accomplish his/her obligations through joint action with the executive's office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part)). 2.03.090 Qualifications. To qualify for appointment by the council and/or executive to fill any vacancy on a board, committee or commission, a person shall be a qualified registered voter resident of the district, agency, or group he or she is appointed to represent on a specific board, committee or commission meeting all of the qualifications of Section 4.20 of the Whatcom County Charter. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part)). .• PAP e 50-13 +� 1 F�_Iry_*_� 3 / t (a F4__Cx__ , Chapter 2.03 BOARDS AND COMMISSIONS Sections: 2.03.010 Election of councilmembers as representatives to various boards and commissions. 2.03.020 Terms. 2.03.025 Removal. 2.03.030 Limited terms. 2.03.040 Executive's terms. 2.03.050 Effective date. 2.03.060 Appointment of non-councilmembers to boards, commissions and committees. 2.03.065 Appointment of planning commission members. 2.03.070 Confirmation of appointments. 2.03.075 Review of norninees and executive appointees. 2.03.080 Vacancies on citizen boards, committees and commissions. 2.03.090 Qualifications. 2.03.010 Election of councilmembers as representatives to various boards and commissions.. A. Each year at its annual meeting, the county council shall elect its representatives who shall serve until the next annual meeting to the various boards and commissions on which it must appoint its own members to serve. B. This annual election for one-year terms shall begin in January, 1981. (Ord. 2001- 028 Exh. A; Ord. 95-006 Exh. A; Res. 80-12 §§ 1, 2). 2.03.020 Terms. A. The term of office for the board of equalization shall be three years pursuant to RCW 84.48.026. B. All other appointments to boards, committees and commissions of non- councilmembers made by -the council shall be for a term no longer than four years, and shall expire on DeGe► ber January 31St (in order for "new" councilmembers that come on board in January to get in on appointments) of the specified year, except for those appointments made to fill an incomplete term in which case it shall be for the balance of that term. C. Term lengths for those members first appointed to newly created boards, committees and commissions shall be staggered so that the terms of future members do not expire on the same date. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93- 003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)). 2.03.025 Removal. In circumstances where the council has the authority to remove from office a member of a board, committee, or commission prior to the expiration of the board, committee or commission member's term of office, the council shall make such removal only upon the proper grounds specified in law. In the absence of such guidance in law, the council shall not remove a member from office without having given the member an opportunity to be heard by the council, if so requested. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)). 2.03.030 Limited terms. No board, commission or committee member shall serve more than two consecutive full terms;-*** DELETE *** however, after serving two consecutive full terms a citizen may become eligible for re -appointment to a board, commission or committee after a period of not less than one year of separation from the respective and commission or committee on which they have previously served. *** DELETE *** The first term of all members appointed to a newly eFea board, commission or committee shall be considered a full term for the purpose of this section, regardless of initial staggeFed term length. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 2). 2.03.040 Executive's terms. Those positions to which the county council appoints the executive to serve shall be for the executive's term of office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93- 003 Attachment E (part); Res. 80-13 § 3). 2.03.050 Effective date. The term of office limitations shall apply to all appointments made by the county council since May 1, 1979. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 4). . , GO -and GGunGilrnemberns shall make nominations and provide informatieR about theiF nominee-s,, 2.03.060 Appointment of non-councilmembers to boards, commissions and committees. For appointment by the council of non-councilmembers to those boards, commissions, and committees performing either an administrative or a legislative function, council shall advertise a vacancy and include an 100 application deadline. Councilmembers shall make nominations from the list of applicants at a regularly scheduled council meeting not less than 14 days after the application deadline. Nominations for appointment to any position having a residency requirement as to council district shall be made only by the councilmembers from the district or the councilmember at large. Such appointments shall be made by majority roll call vote of the entire council or by general consent in the case of only one applicant for a given vacancy._(Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)). 2.03.065 Appointment of planning commission members. Council members will follow the procedure set forth in WCC 2.03.060 when making nominations and appointments to the planning commission. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part)). 2.03.070 Confirmation of appointments. A. Council confirmation of executive appointments shall be handled in the following manner: The executive shall present in writing to the council office no later than seven days before the council meeting at which action is requested, the names of his appointments, positions and terms to which they are to be appointed, information on the appointees' qualifications or background, and any other information the executive deems appropriate, except in the case of executive appointments to executive and administrative offices, in which case, this information shall include a job description and a resume. This information shall also be made available upon request to the public. B. The council shall confirm or reject appointments by the county executive within 30 days of the date the names are submitted to it; failure to act within this time period shall cause the appointees to be deemed confirmed. Confirmation or rejections shall be by majority FGII Gall vote of the entire council. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)). 2.03.075 Review of nominees and executive appointees. A. Council members will individually be responsible for meeting or contacting individuals nominated to serve on a board, commission, or committee, and individuals whose appointment by the executive is scheduled for confirmation by the council, prior to the council's consideration of the nomination or request for confirmation. B. The council chairperson may arrange for the council interview of the nominee or the recommended executive appointee prior to the regularly scheduled council meeting at which appointment or confirmation will be considered. C. The names of recommended appointees by the executive, and the names of nominees by council members, shall be published on the agenda for the council meeting at which action is to be taken in filling a position or confirming an appointment. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A) 2.03.080 Vacancies on citizen boards, committees and commissions. A. The clerk of the council shall cause to be compiled and published annually a listing of vacancies and anticipated vacancies on all citizen boards, committees and commissions, within the appointive jurisdiction of both the council and the executive. B. The listing shall state the title and term of office of each position, residency requirements (if any), the appointing authority, and an address and telephone number 101 for obtaining Further information or for making applications. The listing shall also include a brief description of the duties of each position and information on when the regular meetings of the body in question are held. C. The listing shall be posted in conspicuous places in the Courthouse, provided to all county council members, public libraries and city halls in the county, and be made available to the public and news media at no charge. D. Persons expressing an interest in applying for appointment to a council -appointed position on a board, commission or committee shall be given an application form which they must complete and file with the clerk, giving their name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on file in the clerk's office. E. Persons expressing an interest in applying for appointment to an executive - appointed position on a board, commission or committee shall be given an application form which they must complete and file with the executive's office, giving their name, address, telephone number, occupation and relevant qualifications. The applications shall be kept on File in the executive's office. F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the executive and may accomplish his/her obligations through joint action with the executive's office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part)). 2.03.090 Qua 1iflications. To qualify for appointment by the council and/or executive to fill any vacancy on a board, committee or commission, a person shall be a qualified registered voter resident of the district, agency, or group he or she is appointed to represent on a specific board, committee or commission meeting all of the qualifications of Section 4.20 of the Whatcom County Charter. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part)). 102 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 20LO-145A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Weimer 4/ 13/2010 Introduction Division Head: Dept. Head: ` l o Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: AN ORDINANCE AMENDING, ON AN INTERIM BASIS, WHATCOM COUNTY CODE 10.44 — HORSES ON CERTAIN ROADS ATTACHMENTS: Proposed Ordinance SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? (X ) 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.) An ordinance amending Whatcom County Code 10.44 on an interim basis to allow certain horse drawn carriages to operate from 2 PM Sunday to 2 PM Friday along the section of Birch Bay Drive between Harborview Road and Alderson Road during the summer of 2010. 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. 103 PROPOSED BY: WEIMER SPONSORED BY: CONSENT INTRODUCTION DATE: APRIL 13, 2010 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.44, ON AN INTERIM BASIS, TO ALLOW CERTAIN HORSE DRAWN CARRIAGES TO OPERATE ON A SECTION OF'BIRCH BAY DRIVE DURING THE SUMMER OF 2010 WHEREAS, Whatcom County allows horse drawn carriages to operate on all other roads within its jurisdiction; and, WHEREAS, the Whatcom County Council supports the development of new businesses that support the growth of tourism; and, WHEREAS, such a new business has brought a proposal forward for consideration with the support of the Birch Bay Chamber of Commerce and many others in the Birch Bay community; and, WHEREAS, this proposal is only for a trial period during limited hours on a limited section of Birch Bay Drive during the summer of 2010; and WHEREAS, concerns regarding traffic safety, potential pollution, and animal welfare from such operations appear to have been adequately addressed, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 10.44 is hereby amended, on an interim basis not longer than six months, as indicated in Exhibit A. ADOPTED this day of 2010. ATTEST Dana Brown Davis, Clerk of the Council APPROVED AS TO FORlVl: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 104 EXHIBIT A (ORDINANCE AMENDING WCC 10.44) . Chapter 10.44 HORSES ON CERTAIN ROADS 10.44.010 Unlawful practices. It shall be unlawful for any firm, person, company or corporation to ride, lead, or use any horse or horses within the county right-of-way on Birch Bay Drive between Pt. Whitehorn Road and Shintaffer Road between May 1st and September 30th of each year, except police officers or park patrol officers in the performance of their duties. (Ord. 85-29 § 1). 10.44.020 Parades excluded. This chapter does not apply to the use of horses in formal parades which are conducted under valid permit or license. (Ord. 85-29 § 2). 10.44.025 Horse drawn carriages for hire excluded. This chapter does not apply to for hire horse drawn carriage rides that operate between the hours of 2 PM on Sunday to 2 PM on Friday on Birch Bay Drive between Harborview Road and Alderson Road, which have obtained an approved plan of operations from the Whatcom County Sheriff. The plan of operations will at a minimum include a description of the vehicle to be used, days and hours of operation, proposed routes and stops, description of proper manure collection device, a description of how animal welfare will be considered, and copies of all required state permits and licenses. 10.44.030 Violations and penalties. Violations of any of the provisions of this chapter shall constitute a misdemeanor and upon conviction shall be punishable by fine not to exceed $100.00. (Ord. 85-29 § 3) 105 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-166 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Alex Cleanthous _! 3130 Council Introduction Division Head: 4113 Planning and Wain Harrison ° � D Development Committee Dept. Head: David Sialheim /� 4113 Council �v MAR 2 3 2010 Prosecutor: Royce Buckingham �7 WHATCOM COUNTY Purchasing/Budget: Brad Bennett COUNCIL Executive: Pete Kremen Ob' TITLE OF DC* MEVT. International Boundary Commission Setback ATTACHMENTS: (1) Ordinance (2) Memo to Council (3) Whatcom County Planning Commission Findings of Fact and Reasons for Action SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A proposed amendment to the Whatcom County Zoning code, Title 20. The proposed amendment is to implement a ten foot setback for all properties along the US -Canada border. The proposal will allow for the International Boundary Commission to manage a twenty foot vista along the border. Ten feet on each side of the border is managed and maintained for this vista. COMMITTEEACTION. COUNCIL ACTION: 3/30/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. AN ORDINANCE TO IMPLEMENT A TEN FOOT SETBACK FOR PROPERTIES ALONG THE US-CANADA BORDERS TO BE MAINTAINED AS A VISTA BETWEEN THE UNITED STATES AND CANADA. WHEREAS, Whatcom County Planning and Development Services applied for a Zoning Text amendment to Title 20 of the Whatcom County Code. The Zoning application was given the file number PI-N2010-00007. WHEREAS, On February 16, 2010 an expedited 60 Day review consistent with RCW 36.70A.106 was sent to Department of Commerce for the proposed zoning text amendment. WHEREAS, On February 17, 2010 the Department of Commerce notified Whatcom County that the notice was received and the proposal was forwarded for public agency comment. WHEREAS, As required by WCC 20.90.050(2) environmental review through the State Environmental Policy Act was completed, the Whatcom County SEPA official gave this non -project action a SEPA determination of non -significance (DNS) on February 19, 2010. WHEREAS, Notice of the Whatcom County Planning Commission public hearing was published February 28, 2010. WHEREAS, The Whatcom County Planning Commission held a public hearing on the proposed zoning text amendment March 11, 2010. WHEREAS, The Planning Commission voted unanimously 5-0 to recommend approval on the proposed zoning text amendment Page 1 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 FINDINGS OF FACT AND REASONS FOR ACTION 1) The International Boundary Commission was created through the Treaty of 1908 to monitor and maintain activity along the United States and Canadian border. 2) The Treaty of 1925 between the United States and Canada authorized the International Boundary Commission to empower the two Commissioners to maintain an effective boundary line, and to keep boundary vistas open. 3) The agreement of the Commissioners on December 28, established that "the boundary through timbered areas should be further marked by a vista along the line of sufficient width to give a cleared 20-foot skyline." 4) Whatcom County has jurisdiction over the entire length of its respective border between the United States and Canada. 5) Adoption of the zoning text amendment will aid the International Boundary Commission's maintenance and notification of development along the United States -Canada border. 6) Goal 2UU from the Land Use chapter states, "Promote coordination among the county, cities, Port of Bellingham, and other appropriate jurisdictions in order to protect linked greenbelts, parks, and open spaces." 7) Policy 2UU-2 from the Land Use chapter states, "Link county open space corridors with those of adjacent jurisdictions where viable." 8) The Whatcom County Planning Commission held a public hearing on the proposed zoning text amendment March 11, 2010. CONCLUSION The proposal meets all of the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County's County Wide Planning Policies. Approval of this amendment is in the public interest. Page 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section I. The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown in Exhibit A. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Sam Crawford, Chairperson APPROVED as to form., Civil Deputy Prosecutor Date: ( ) Approved ( ) Denied Pete Kremen, Executive 109 EXHIBIT A 20.80.210 Minimum Setbacks (5) Setbacks. For the purposes of this chapter, the road classification used to determine setback requirements shall be as set forth in this section. In the event a particular road is not listed in this section, the department of public works shall determine the classification, which classification shall be based on the Whatcom County Development Standards or such other local, state or federal roadway standards as the department of public works deems appropriate. (a) Setbacks Requirements of All Districts. (i) No manure lagoon or other open pit storage shall be located closer than 150 feet from any property line, or in a manner which creates any likelihood of ground water pollution or other health hazard. (ii) All manure storage shall be protected from a 25-year flood and shall be located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary high water line of any lake or waterway; provided, that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place, 300 feet shall be substituted for 50 feet. (iii) In all districts where a single-family residence is a primary permitted use, a building permit may be issued for the construction of a replacement dwelling on the same lot; provided, that the owner agrees by filing a statement with the building official that the old dwelling will be demolished, removed or converted to another permitted use upon completion of the new dwelling. (iv) A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International BoundM Commission. 110 20.80.210 (5)(b) Setbacks Table ResortCommercial' Road Tvve Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 30' 30' 25' 25' 25' 20' 5' 5' 1. Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20.64.550 (Buffer area). 2. Setback requirements for multifamily housing, including all condominiums except time share condominiums and mobile home parks, shall be 20 feet for side and rear yards. 3. Setback requirements for recreational vehicle parks, and resort -oriented hotels and motels including time share condominiums shall be 45 feet for front yard, and 20 feet for side and rear yards. 4. Setback requirements for nonresort-oriented hotels and motels and nonhabitation commercial development shall be zero feet for side yards and 10 feet for rear yards. 5. A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. I - When located adjacent to I-5 these setbacks may be reduced to 25' subject to the screening requirements under WCC 20.80.300. - Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. 111 A riculture A.G) Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 50' 50' 50' 50' 50' 50' 20' 20' 1. The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 2. The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed, shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. 3. Parcels of less than five nominal acres shall have the following minimum setbacks: Front Yards: — Primary arterials and secondary arterials: 45 feet. —Collector arterials: 35 feet. —Neighborhood collectors, local access streets: 25 feet. — Minor access streets: 20 feet. Side Yards: Minimum side yard setbacks shall be five feet. Rear Yards: Minimum rear yard setbacks shall be five feet. 4. A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. 112 Rural -Forest Road Tye Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45' 35' 25' 25' 25' 20' 20' 20' Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' 20' 20' 1. Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry zone situated adjacent to the Commercial Forestry zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to the standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman's stations shall not be located within 100 feet of any other zone district. 2. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. 3. When a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. 4. Lummi Island Scenic estates setbacks shall be administered under the Rural Residential Island setback standards. 5. A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. 113 Rural Residential (RR) Road Tye Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45' 35' 25' 25' 25' 20' S'' 5' Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' 1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.32.651 shall be subject to the standard setback in WCC 20.80.210. 2. A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after a roval from the International BoundW Commission, Rural R)' Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45' 45' 35' 25' 25' 20' 5 S' Water Resource Protection Overlay 30' J 30' 20' 1 20' 20' 20' 5' 5' 1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the standard setback in WCC 20.80.210. 2. For lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be used for human habitation shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use. Subject to any further requirements within WCC 20.38 Agriculture Protection Overlay. 3. A ten foot setback from the International border between Canada and United States shall be maintained as an open sace vista. The ten foot setback area mqy be used for landsca in 114 agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. ' — Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no. case will they extend more than one-half the depth of the front yard setback. .0 Urban>Residenti Road Tye Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 45' 35' 25' 25' 25' 20' S' S' Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' S' S' 1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1, 1987, and whose owners have filed an agreement with the county auditor as specified in WCC 20.20.651 shall be subject to the standard setback in WCC 20.80.210 2. A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International BoundM Commission. 1 — Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; in no case will the extend more than one-half the depth of the front yard setback. 2 — Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached dwelling units along the common property line where the dwellings share a common wall. 115 Recreation O ' en' ace OS Road Type Other Commercial, Collector Minor Local Neighbor- Minor Side Rear Industrial, I- Arterials or Collectors Access hood Access Yard Yard 5, State Major Streets Collector Streets Hwys, Collectors Principal & Minor Arterials 100, 100, 50' 50' 50' 50' 50' 50' 1. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. 2. Shoreline setbacks shall be administered consistent with the Shoreline Management Program of Whatcom County; provided, that a 25-foot setback is maintained from the ordinary high water mark of all water bodies and a 50-foot setback is maintained from the ordinary high water mark of fish spawn streams. 3. A ten foot setback from the International border between Canada and United States shall be maintained as an open space vista. The ten foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the ten foot setback area after approval from the International Boundary Commission. 116 WHATCOM COUNTY Co PLANNING & s� GZ� DEVELOPMENT SERVICES 3 5280 Northwest Drive Bellingham, WA 98226 OSHNG�� MEMORANDUM TO: Whatcom County Council Members THROUGH: David Stalheim FROM: Wain Harrison, Long Range Planning Supervisor Alex Cleanthous, Planner A-C-e— DATE: March 16, 2010 SUBJECT: International Boundary Commission setback David Stalheim Director J.E. "Sam" Ryan Assistant Director The International Boundary Commission (IBC) contacted Whatcom County PDS regarding implementation of a 10 foot setback for all properties along the US -Canada border. The request will allow the IBC to more effectively implement a 20 foot vista along the US - Canada border. The IBC is empowered through US -Canada treaty to monitor and maintain the border. A 1925 agreement of the commissioners establishes maintenance of a twenty foot vista (ten feet on each side of the border) to be maintained for this vista. Adoption of the proposal would clearly notify property owners of the ten foot setback, as well as explain the procedure to place a structure within the ten foot setback if necessary. The proposed ten foot setback along the US -Canada border will not affect all properties along the border. The Agriculture, Rural Forestry, Commercial Forestry and Recreation Open Space zones all have setback standards greater than the proposed 10-foot setback. The zones which do not have setback standards greater than the proposal are the Rural, Residential Rural and Resort Commercial zones. In Point Roberts and sections of the Rural zones, a road already exists within the ten foot vista. Structures, in all cases, would have a setback from that road greater than ten feet. Adoption of this ten foot setback would not impact those particular property owners. Only in instances were there is no road running parallel to the border and where the zoning has setbacks less than ten feet would a property owner be affected. The Whatcom County Planning Commission held a public hearing on the proposal March 11, 2010. The Planning Commission voted unanimously 5-0 to recommend approval on the proposal. Office (360) 676-6907 County (360) 380-8110 FAX (360) 73812525 File # PLN2010-00007 March 11, 2010 International Boundary Commission Planning Commission Findings 11) Policy 2UU-2 from the Land Use chapter states, "Link county open space corridors with those of adjacent jurisdictions where viable." 12) IVotice of the Whatcom County Planning Commission public hearing was published February 28, 2010. 13) The Whatcom County Planning Commission held a public hearing on the proposed zoning text amendment March 11, 2010. CONCLUSION The proposal meets all of the legal requirements as noted within the Findings of Fact and Reasons for Action. The proposed amendment is compatible with the Growth Management Act, Whatcom County Comprehensive Plan Goals and Policies, along with policies within Whatcom County's County Wide Planning Policies. Approval of this amendment is in the public interest. RECOMMENDATION The Planning Commission hereby recommends to the Whatcom County Council amendments to Title 20 as set forth in Exhibit "A". WHATCOM COUNTY PLANNING COMMISSION Jean elious, Chairperson David Stalheim, Secretary -� l //0 -3-f l- /C? Date l Date 118 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-072 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Planning Committee Gary Davis 118/10 1/ 26/ 10 1 EC E V E D Division Head: -� a / /� /® JAN 1:9 2010 3/30/10 Planning Committee Dept. Head: DavidSialheim -M 4/13/10 Planning Committee Prosecutor: !0 WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive: Pete Kremen f TITLE OF DOCUMENT. Rural Element Update - discussion of status and future process. Discussion of Growth Management Act requirements and the Planning Commission recommendations. (Per March 23, 2010 submittal) ATTACHMENTS: 1/8/10 Memorandum to County Council. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 1126110 P&D Committee 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.) Rural Element Update -discussion of status and future process. Discussion of Growth Management Act requirements and the Planning Commission recommendations. (Per March 23, 2010 submittal) COMMITTEEACTION. COUNCIL ACTION: 1/26/2010: The committee concurred to hold in committee for two weeks: first meeting, walk through the maps and answer questions. Second meeting look at the ordinances (ordinances are in and this item is related to AB2009-417 and AB2009-417A) 3/30/2010: Discussed. Discuss again in two weeks. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2009-00011 AB2009-222 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Co unty's websitee at. www.co.whatcom.wa.us/council. 119 WHATCOM COUNTY David Stalheim Planning & Development Services 3�P�`om cot* Director 5280 Northwest Drive ' Bellingham, WA 98226-9097 f J.E. "Sam" Ryan 360-676-6907, TTY 800-833-6384 Assistant Director HN� 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council THROUGH: David Stalheim, Director--k-,-.21, FROM: Wain Harrison, Long Range Planning Supervisork �1,, I/ i Gary Davis, AICP, Senior Planner66AW DATE: March 18, 2010 SUBJECT: Rural Element Update Planning and Development Services (PDS) has recommended the County Council hold a series of work sessions to review the Planning Commission's recommended changes to the Comprehensive Plan and zoning regulations for the rural element. Those recommendations are contained in the notebooks provided to the council members and on the county web site at http://www.whatcomcounty.us/pds/plan/long/projects/lamird/proposed.isp During the first work session on March 30, PDS intends to focus on the main features of the Planning Commission's recommendations. Many of the provisions recommended by the Planning Commission are mandated by state law or based on Growth Management Hearings Board decisions. The second meeting Would go into more detail on the recommendations, such as review of the boundary decisions and code amendments. Some of the policy choices made by the Planning Commission may go beyond the minimum necessary to comply with the Growth Management Act. While these policy issues were important to the Planning Commission, in this memorandum we want to focus on options the County Council could consider that would reduce the extent of changes while still achieving compliance with the Growth Management Act. Potential revisions to Planning Commission recommendations: Water/sewer line as a Type I LAMIRD designation and boundary criterion o Possible action: Change proposed Comprehensive Plan Policy 2HH-1.C.2.d to clarify that existence of large diameter water/sewer lines in 1990 is a criterion for inclusion in Type I LAMIRD boundary o Areas potentially affected: Axton and Guide Meridian, Smith and Guide Meridian, Pole Road and Guide Meridian, Hinotes Corner o Discussion: Hearings board decisions consider both above- and below -ground improvements to be part of the "built environment" for purposes of determining LAMIRD boundaries, and support LAMIRDs including undeveloped lots 120 Rural Element Update Memorandum February18, 2010 served by water and sewer lines that were designed and installed before July 1, 1990 to serve more intensive densities and uses'. The Planning Commission chose not to make existence of utility lines a sole criterion for designating an area as a LAMIRD, citing concerns that it may create development pressure in areas that would not otherwise meet criteria for being designated as a LAMIRD.2 Efficient provision of public facilities and services is a LAMIRD boundary criterion listed in both the Growth Management Act and the proposed Whatcom County criteria.3 The Planning Commission added several parcels to the proposed Glacier LAMIRD based on the existence of pre-1990 water lines and preservation of the natural neighborhood, two of the proposed boundary criteria.4 Residential -only Type I LAMIRDs o Possible action: Change proposed Policy 2HH-1.B.1 to include residential -only areas; add land use designation for residential LAMIRDS (such as Rural Neighborhood) o Areas potentially affected: Lake Samish, Sandy Point o Discussion: Growth Management Act allows residential -only LAMIRDs.5 Planning Commission chose to limit Type I LAMIRDs to areas that had historically served as a hub of public and commercial services, which could include residential uses. The majority of the Planning Commission wanted to direct more intensive residential infill into rural center hubs rather than residential areas away from those hubs, citing potential traffic generation and additional demand for services in outlying residential areas, as well as inconsistency with rural characters Rural Density Overlay o Possible action: Change proposed Policy 2MM-1, 2MM-2 to establish density overlay for preservation of existing rural character; change zoning code chapters 20.32 (Rural Residential district) and 20.36 (Rural district) to permit a base density of one residence per five acres, with overlay to permit increased density on each lot in the zone consistent with the average density surrounding the lot. o Areas potentially affected: Areas with noncompliant Rural or Rural Residential zoning that do not meet criteria for inclusion in a LAMIRD, including areas adjacent to Urban Growth Areas: Hinotes Corner, Wiser Lake East, Chuckanut, Emerald Lake, Fort Bellingham, Lummi Peninsula, North Bellingham, Sandy Point, and portions of others. o Discussion: This proposal is based on a similar provision recently enacted by Clallam County.' The Western Washington Growth Management Hearings Board found that provision to be in compliance with Growth Management Act in November 2009 (one month after the Whatcom County Planning Commission completed its recommendations). 8 1000 Friends of Washington v. Thurston County, Western Washington Growth Management Hearings Board Case No. 05-2- 0002 Compliance Order p. 13 (November 30, 2007); Dry Creek Coalition and Futurewise v. Clallam County, Western Washington Growth Management Hearings Board Case No. 07-2-0018c Final Decision and Order p. 30 (April 23, 2008) 2 Whatcom County Planning Commission meeting, April 23, 2009, audio recording at 1:35, and meeting minutes at page 7 3 RCW 36.70A.070(5)(d)(iv)(D) Whatcom County Planning Commission meeting, September 10, 2009 meeting minutes at page 3 5 RCW 36.70A.070(5)(d)(i) 6 Whatcom County Planning Commission meeting, September 22, 2009, audio recording at 2:01 Clallam County Code Section 33.10.015 Rural Neighborhood Conservation 6 Dry Creek Coalition and Futurewise v. Clallam County, Case No. 07-2-0018c, Compliance Order, November 3, 2009 I:\Planning Division\Long Range Planning\LAMIRD\Council March 2010\councilmemo20100318.doc 121 Rural Element Update Memorandum February 18, 2010 The rest of the Planning Commission recommendations closely follow the requirements of the Growth Management Act or Growth Management Hearings Board decisions. These provisions include: • i! AMIRD designation and boundary criteria except for items identified for potential revisions above (proposed Policies 2HH-1.A, B, C) o Discussion: Proposed criteria for Type I LAMIRD boundaries are based on Growth Management Act requirements.9 Commercial and industrial proposed zoning within LAMIRDs that reflect the size, scale, use, or intensity of development that existed on July 1, 1990 o Discussion: Growth Management Act limits development in Type I LAMIRDs to that which is consistent with the 1990 development "in terms of size, scale, use, or intensity.a10 Staff has performed an analysis using best available maps, aerial photography, county assessor's records and property owners' documentation to draft development regulations that reflect the size, scale, use, and intensity of existing development in 1990. While that provision does not apply to Type III LAMIRDs, the Growth Management Act requires that expansion of the small-scale businesses in these LAMIRDs conform with the rural character of the area.11 • Spacing requirements between LAMIRDs and between LAMIRDs and Urban Growth Areas (proposed Policies 2HH-1.B.3, 2HH-2.A.3, and 2HH-3.B.1) o Discussion: Hearings board decisions have found other counties' proposed LAMIRDs to be out of compliance with the Growth Management Act when located adjacent or very close to other LAMIRDs or Urban Growth Areas.12 Staff will be prepared to discuss each of these issues and explain their effect on various maps at the next meeting. If you have questions regarding these issues, please call Gary Davis at extension 50246. 9 RCW 36.70A.070(5)(d)(iv) 10 RCW 36.70A.070(5)(d)(i)(C) " RCW 36.70A.070(5)(d)(iii) 12 City of Walla Walla, et al v. Walla Walla County, EWGMHB Case No. 02-1-0012c Final Decision and Order (November 26, 2002); of Tacoma, et al., v. Pierce County, CPSGMHB Case No. 99-3-0023c Final Decision and Order (June 26, 2000); an exception is made when the county documents that a city has no need or interest in including an adjacent industrial area in a UGA - People for a Liveable Community, Jim Lindsay, et al. v. Jefferson County, WWGMHB 03-2-0009c Final Decision and Order (August 22, 2003) lAPlanning Division\Long Range Planning\LAMIRD\Council March 2010\councilmerro20100318.doc 122 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 116 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Brenner 3/24/2010 MAR 2 4 2010 3/30/2010 Introduction Division Head: 4/13/2010 Hearing Dept. Head: I a Prosecutor: A n VYHATCOM COUNTY COUNCIL. Purchasin Bud et: Executive: TITLE OF DOCUMENT. Interim Ordinance -moratorium on new applications for 500K+ wind energy systems ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? (X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 4/13/2010 SUMMAR YSTA 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.) Interim Ordinance -moratorium on new applications for 500K+ wind energy systems COMMITTEEACTION.• COUNCIL ACTION. 3/30/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co. whatcom wa. us/council. 123 500K Wind Energy Systems -Interim SPONSORED BY: Consent PROPOSED BY: Brenner INTRODUCTION DATE: March 30, 2010 ORDINANCE NO. IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT ABOVE 100 KILOWATTS WHEREAS, on October 21, 2008, the Whatcom County Council adopted Ordinance 2008-043 regulating the construction and operation of Wind Energy Systems (WES); and WHEREAS, these regulations addressed the construction and operation of WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, in certain zones by means of a Conditional Use Permit as specified in Whatcom County Code 20.14.041; and WHEREAS, the impacts of these large structures were anticipated to be considered through the Conditional Use Hearing process as to the uses associated with the applicable zone in which the subject WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, was being proposed; and WHEREAS, the requirements for locating a proposed WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, did not specifically address the impacts of a proposed system constructed in allowed zoning where the specific property abuts properties of a more dense residential zoning; and WHEREAS, on February 23, 2010, the Whatcom County Council adopted Ordinance 2010-015 as an emergency ordinance imposing a moratorium on the acceptance of new applications for Wind Energy Systems (WES) greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, and declaring an emergency; and WHEREAS, the Whatcom County Council makes the following finding of facts: 1. There is merit in considering additional mitigation and/or property boundary setbacks in circumstances of adjacency to zoning boundaries; and 2. A significant number of Whatcom County residents who live in residential areas directly adjacent to properties which are zoned for large-scale WES have presented additional information regarding the negative impacts of nearby WES that was not considered in the passage of Ordinance 2008-043; and 124 3. This interim ordinance is necessary to prevent future applications for WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, from vesting under current law and thus subverting the purpose of this ordinance; and 4. The Whatcom County Council desires the opportunity to further review this issue in order to study the possible impacts a proposed system may have on abutting properties; and WHEREAS, the Whatcom County SEPA Official has determined that this proposal is exempt from SEPA; and WHEREAS, the Whatcom County Council held a public hearing on this issue on April 13, 2010; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an interim moratorium is hereby imposed on the acceptance of new applications for Wind Energy Systems greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, unless the applications were complete, as provided by Whatcom County Code, prior to the effective date of this ordinance. BE IT FURTHER ORDAINED by the Whatcom County Council that this ordinance shall be effective for not longer than six months following its effective date, but 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 , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk Sam Crawford, Council Chair APPR VED AS TO FORM: 7� L Civil Deputy Prosecutor ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 125 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 010-04 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Michelle Stiles 11121,2010 Introduction IFffiu� D � � � � � � D Division Head.• Wain Harrison I126/ZOIO Planning and Development JAN 0 5 2010 Committee Dept. Head: Ok 112612010 Council DavidStalheim IAI-4111 1NHATCOM COUNTY COUNCIL Prosecutor: Royce Buckingham I (� �- 61q 2/09/2010 P & D/Council Purchasing/Budget. 3/16/2010 P & D Committee Brad Bennett 3/30/2010 P & D Comittee Executive: Pete Kremen 4/13/2010 Hearing TITLE OF DOCUMENT. Ordinance clarifying and revising the definition and standards of home occupations within Whatcom County's zoning code, Title 20. ATTACHMENTS: (1) Memorandum (2) Ordinance SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 4 / 13 / 2 010 S UMAIL4 R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposal is to amend the Whatcom County Zoning Code (WCC) Title 20 to clarify and revise the definition and standards of "home occupation." Incorporating the proposed definition and standards of home occupation into already existing chapters of Whatcom County Zoning Code for consistency and predictability in implementation. COMMITTEEACTION. COUNCIL ACTION. 1/26/2010: Held in committee 1/12/2010: Introduced 2/09/2010: Staff submitted a substitute 3/30/2010: Introduced 3/30/2010 version version (3rd version 2/9/10). The committee is holding in committee indefinitely and asks staff to make more changes. 3/16/2010: Amended. Hold in committee in two weeks. 3/30/2010: Committee moved to introduce the 3/30/2010 version in the Council packet tonight Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2009-230 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 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 3/30/2010 ORDINANCE NO. Amending Whatcom County's zoning code, Title 20, for the purposes of clarifying and revising the definition and standards of home occupations throughout the code. WHEREAS, An interim ordinance amending home occupations was introduced to council on September 15, 2009, WHEREAS, The proposed amendment to the Whatcom County Official Zoning Ordinance was initiated to the docket by Whatcom County Planning and Development Services, and was given file number PLN2009-00007. WHEREAS, Notice of the proposed amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on August 18, 2009. On August 24, 2009 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from CTED, to date. WHEREAS, On September 11, 2009, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non - Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 25, 2009. No comments were received regarding this determination. WHEREAS, Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on November 29, 2009. WHEREAS, A Whatcom County Planning Commission public hearing was held on the subject amendment December 10, 2009. The Planning Commission voted to recommend approval to the Whatcom County Council with a 5-2 vote. WHEREAS, The County Council has adopted the following findings of fact: Page 1 127 2 3 4 FINDINGS OF FACT 6 1. Whatcom County Planning and Development staff has compiled a list of 7 issues with the current zoning code that are causing confusion and 8 difficulty in implementation. Among these items were the regulations 9 regarding home occupations. 10 11 2. The text amendment will clarify development regulations for the public 12 to clearly understand what the standards are for home occupations. 13 14 3. Staff sent an initial draft on October 12, 2009 to a stakeholder group of 15 community members who provided feedback. Three comments were 16 received from the public and one council member provided feedback 17 prior to the Planning Commission public hearing indicating support for 18 the proposal to amend the Home Occupation requirements. 19 20 21 4. Notice of the proposed amendment was sent to the Department of 22 Community, Trade and Economic Development (CTED) and other state 23 agencies on August 18, 2009. On August 24, 2009 CTED notified 24 Whatcom County that notice of the proposed amendment had been 25 received and had been forwarded to other interested parties as 26 required. No comments regarding the proposed amendment have been 27 received from CTED, to date. 28 29 5. Pursuant to Whatcom County Code (WCC) 20.90.050, as of December 30 2, 2009, Whatcom County Planning and Development Services has: 31 evaluated the proposed amendment in relationship to the goals, 32 objectives and policies of the Whatcom County Comprehensive Plan as 33 authorized by the Washington State Growth Management Act (GMA) - 34 RCW 36.70A; and considered possible environmental impacts that have 35 been identified by the lead agency designated SEPA official through the 36 State Environmental Policy Act (SEPA) threshold determination process. 37 38 39 Page 2 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20 is hereby amended as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or and part thereof other than the part so declared to be invalid. ADOPTED this day of , 2010_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS. -TO MAW— . Civil-6 Fosecutor Page 3 Sam Crawford, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 129 1 2 3 4 EXHIBIT A 5 Chapter 20.20 6 URBAN RESIDENTIAL (UR) DISTRICT 7 20.20.100 Accessory uses. 8 A 01 Home occupations pursuant to WCC 20.9-784.U8150. 9 10 dings aad 11 (2) Not more than twe per -sons eutside the in�ediate family sha4l be empleyed in the home 12 eeeupation.. 13 14 .105 Family day care homes subject to the requirements of WCC 20.9-784.U8150 for home 15 occupations. 16 CHAPTER 20.22 17 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT 18 20.22.100 Accessory uses. 19 A 01 Home occupations pursuant to WCC 20.9784.4-88150. 20 .105 Family day care homes subject to the requirements of WCC 20.9784.490150 for home 21 occupations. 22 CHAPTER 20.24 23 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT 24 20.24.100 Accessory uses. 25 .101 Home occupations pursuant to WCC 20.9784.Ug150. 26 Page 4 130 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .105 Family day care homes subject to the requirements of WCC 20.9784.E 80150 for home occupations. CHAPTER 20.32 RESIDENTIAL RURAL (RR) DISTRICT 20.32.100 Accessory uses. .101 Home occupations pursuant to WCC 20.9784480150. .105 Family day care homes subject to the requirements of WCC 20.9484.480150 for home occupations. CHAPTER 20.34 RURAL RESIDENTIAL -ISLAND (RR-1) DISTRICT 20.34.100 Accessory uses. .101 Home occupations pursuant to WCC 20.9784.4-W150. .105 Family day care homes subject to the requirements of WCC 20.9784,140150 for home occupations. CHAPTER 20.35 ELIZA ISLAND (EI) DISTRICT 20.35.100 Accessory uses. .101 Home occupations pursuant to WCC 20.9784.4-90150. .107 Family day care homes subject to the requirements of WCC 20.9784,140150 for home occupations. CHAPTER 20.36 RURAL (R) DISTRICT 20.36.100 Accessory uses. 101 Home occupations pursuant to WCC 20.9784.450150. Page 5 131 1 2 .108 Family day care homes subject to the requirements of WCC 20.9784."Gl50 for home 3 occupations. 4 CHAPTER 20.37 5 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT 6 20.37.100 Accessory uses. 7 .101 Home occupations pursuant to WCC 20.9784.UO150. 8 9 .106 Family day care homes subject to the requirements of WCC 20.9784.44*150 for home 10 occupations. 11 12 Chapter 20.40 13 AGRICULTURE (AG) DISTRICT 14 20.40.100 Accessory uses.* 15 .110 Home occupations pursuant to WCC 20.84.150. ; HIM-- . YT��!!'*3!Efff!*!�'r f�4RSl4f!�flTiR�tiS!�!!�5! S!!Ef W 21 .112 Family day care homes subject to the requirements of WCC 20.9784."Ol50 for home 22 occupations. 23 24 Chapter 20.42 25 RURAL FORESTRY (RF) DISTRICT' 26 20.42.100 Accessory uses. 27 .105 Home occupations pursuant to WCC 20.84.150., Page 6 132 'NWAIVAM96 7 Chapter 20.60 NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT 10 20.60.100 Accessory uses. 11 .104 Family day care homes and mini -day care homes; provided that such uses conform to the 12 definition of home occupation, WCC 20.9784."0150, and further; provided that the single 13 family residence is a legally non -conforming use. 14 15 Chapter 20.61 16 SMALL TOWN COMMERCIAL (STC) DISTRICT 17 20.61.100 Accessory uses. 18 .102 Home occupation (pursuant to WCC 20.9484.4-90150}. 19 20 Chapter 20.62 21 GENERAL COMMERCIAL (GC) DISTRICT 22 20.62.100 Accessory uses. 23 .104 Family day care homes and mini -day care homes; provided, that such uses conform to the 24 definition of home occupation, WCC 20.9784.480150, and further; provided that 25 such uses require a conditional use permit if located within airport overlay zone 2 or 3 as shown 26 in Whatcom County Comprehensive Plan Appendix H. 27 28 Chapter 20.63 29 TOURIST COMMERCIAL (TC) DISTRICT 30 20.63.100 Accessory use Page 7 133 1 .104 Family day care homes and mini -day care homes; provided that such uses conform to the 2 definition of home occupation, WCC 20.9-784.4-80150, and further; provided that the single 3 family residence is a legally non -conforming use. 4 5 Chapter 20.64 6 RESORT COMMERCIAL (RC) DISTRICT 7 20.64.100 Accessory uses. 8 .110 Family day care homes and mini -day care homes; provided that such uses conform to the 9 definition of home occupation, WCC 20.9784.+80150. 10 11 Chapter 20.80 12 SUPPLEMENTARY REQUIREMENTS 13 20.80.470 Exemptions. 14 The following types of signs shall be exempt from the regulations of this section and zoning 15 districts; provided, that such signs shall conform to the general provisions of this section. 16 (1) Addresses (internal lighting permitted), family names, cottage names, entrance and exit signs, 17 home eeeupation signs, up to two square feet; provided, that they are on -premises. 18 Chapter 20.84 19 VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES 20 AND APPEALS 21 20.84.150 Home Occuaation 22 (1) The following home occupation requirements shall be regarded as cumulative regardless of 23 the number of home occupations on the site; 24 (2) No more than two people at one time, other than household members residingon n the 25 premises, shall be eneae-ed in such occupations. 26 (3) The use of the property for home occupations shall be clearly accessory to its use for 27 residential purposes. 28 (4) In all zones except RR, RR -I, EI, UR, URM, and LTRMX, home occupations shall not exceed 29 a total of 1250 square feet of building floor area, whether located in the dwelling, accessory 30 structure(s) or combination thereof; in accessory structures built before 1975, home occupations 31 shall not exceed a total of 8000 square feet of building floor area. In the RR, RR -I, EI, UR, 32 URM, and URMX zones home occupations shall not exceed a total of 500 square feet of Page 8 134 I building floor area, whether located in the dwelling, accessory structure(s) or combination 2 thereof. 3 . There 4 shall be no change in the outside appearance of the building or premises or other visible evidence 5 of a home occupation inconsistent with the residential character of the dwellingor neighborhood, 6 other than one sign, not exceeding eight square feet in area, non -illuminated and mounted on the 7 propelly. 8 (6) No traffic shall be generated by such home occupations in greater volume than would 9 normally be expected in the applicable zoning district and is appropriate for the road 10 classification which serves the property. 11 (7) Home occupations may use or store vehicles, in accordance with the following_ 12 1. The total number of vehicles used in connection with the home occupations shall be 13 permitted as follows: 14 a. On a lot of record one acre or less ' , 15 bq0AX zenes; two vehicles, each of which shall not exceed 60,000 lbs.gvw, and 16 which may include heave equipment. 17 b. On a lot of record one acre or greater, up to five acres; two vehicles, which 18 may include heavy equipment regardless of weight; 19 20 21 d. On a lot of record which is greater than five acres; three vehicles, which 22 may include heavy equipment regardless of weight; 23 e. On a lot of record which is greater than ten acres; four vehicles, which may 24 include heavy equipment regardless of weight. 25 2. The vehicles shall not be stored within any required setback areas of the lot or adjacent 26 roadways and shall be adequately screened from adjacent neighboring residences or 27 roadways. 28 3. The parking area for the vehicles shall not be considered part of the outdoor storage 29 area provided for in subsection (5) of this section. 30 (8) Any need for parking generated by the conduct of such home occupations shall comply with 31 the off-street parking_ requirements as specified in this title. In addition, parking shall be 32 provided for nonresident employees. 33 (9) No equipment, process, or materials shall be used in such home occupations which creates 34 noise, vibration, glare, fumes, odors or electrical interference beyond the property line, or outside Page 9 135 I the building, in sufficient amounts and of such characteristics and duration as is likely to be 2 injurious or cause damage to human health, plant or animal life, or property, or which 3 unreasonably interferes with enjoyment of life and property. 4 (10) Sales are limited to merchandise manufactured or repaired on the premises and/or items 5 accessory to a service provided to patrons who receive services (such as hair care products for a 6 beauty salon), telephone, mail order, catalog, e-commerce sales, or other electronic commerce 7 sales. In no case shall home occupations consist of only retail sales. Fees rendered for services 8 for the sole use or purpose of providing merchandise or equipment (such as tanning beds, copy 9 machines, or similar products) shall be prohibited. 10 (11) The maximum nameplate horsepower rating of the electrical motors of any single piece of 11 machinery operating in the home occupations shall be five horsepower and no equipment shall 12 be three-phase motors. The electrical service for home occupations shall not exceed 200 amps. 13 (12) The following_ activities, which include but are not limited to: mortuaries, funeral homes, 14 automobile, truck and heavy equipment repair and auto body work or auto body painting, 15 parking and storage of heavy equipment, storage of building materials for use on other 16 properties, are prohibited as home occupations. 17 03) Customers/clients are prohibited on the premises prior to 7:00 a.m. and after 8:00 p.m. 18 unless an exception is specifically granted by the administrator. 19 Chapter 20.97 20 DEFINITIONS 21 20.97.180 Home occupation. 22 "Home occupation" means a$ small scale occupation conducted 4"on a 23 property, within a dwelling unit; and/or permitted accessory structure by the 24 operator who resides on the proper , 25 , other than family members residing e 26 premises, 27 (2) The use of the dwelling UBit fOF the home oeenpation AM be elear-ty 28 ineidental and subordinate to its use for residential purposes by its oeenp 29 and not more than 25 pereent of the usable floor- area of the dweffing unit s 30 be used in the eonduet of the home oeemBation. 31 r ati r .. .�.I .. . ,,.errrsr. rrsre a rr�rrr� rre-rzsrs� sr�srrrsr.. �� . . Page 10 136 1 the A larger- to 32 noniBuminated and mounted on property. sign up square 2 be by the hearing by may appr-oved examiner eonditional use pe 3 (4) No tr-affie be by home in shaH generated sueh oempations greater- volume 4 than would nor-mafly be expeeted in the applieable zoning district and is 5 for the he appropriate road whieh serves property. 6 (5) Any for- by the home need paFking generated eonduet of sueh oempation shaH 7 the in this title. At least meet off street par -king requirements as speeified one 8 . 9 be in home , or- materials shall used sueh oeenpa 10 fumes, , vibFatiOR, , 11 beyond the line, the dweRing if in duplex property or- outside unit eondueted a or 12 in , suffieient amounts and of sueh ehar-aeteristies and 13 , plant oF 14 life, interferes life animal , or- whieh unreasonably with enjoyment of 15 and property.- 16 17 18 items, furniture, , . 19 Sales in the limited to _(8) eonneetion with aetivity are mer-chandise 20 , 21 , , or- other- 22 . 23 24 . 25 27 28 Page 11 137 WHATCOM COUNTY°°"' °° PLANNING & zP GZa DEVELOPMENT SERVICES ✓ 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Whatcom County Council Members THROUGH: David Stalheim FROM: Wain Harrison, Long Range Planning Supervisor Michelle Stiles, Planner DATE: March 23, 2010 SUBJECT: Home Occupation Size Limits David Stalheim Director J.E. "Sam" Ryan Assistant Director Staff would respectfully request one more opportunity to discuss the subject of area of Home Occupation in accessory structures existing on or before 1975. Our suggestion and recommendation is to limit the maximum square foot area of the Home Occupation for these accessory structures not to exceed 2500 square feet. This is the current level in the zoning ordinance that requires a conditional use permit, pursuant to a- cottage industry (please see attached table). Staff understands the Council's position in regards to allowing existing barns/outbuildings to be allowed an exception that bypasses the administrative review for these structures. However, the position of allowing the square footage over -the conditional use threshold seems to be less defensible and appropriate. 2500 square feet is a large area for a Home Occupation. In contrast, 8000 square feet, an 80' x 100' building, is the equivalent of a building in a commercial business park like Copac Warehouse Industrial Center (as an example) in the Light Impact Industrial (LII) zone. The impacts to a given neighborhood from a business utilizing -up to 8000 square feet could be potentially quite dramatic. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 138 Ma L V♦ r C) N M N co c N •L N > > � O � U CNcn L LL N cn Qi cu O 5, O N cu cr N .0 1.1 Q O c a N L M C F- E L O \ cn Q Ci O U U' N q N_ cu LO N N C1 D Z cn O vi O o N �to N cn Na) cn w N a) C L O cn O cu N L L > C cn O r cn O cn O O O C� E -p CL' E O LO p N_ O V C L N cr U fQ Q CL' N cU 00 W V cn O L 0) = _ O U Z O '� N O �~ .� _ cu CL m �C Z o V Ln p WWcn O �r 0 O OL wN O O CO L O ncn �O L O E �Xm cl N2c Oo�o�l v� O��H Ua> Q l< k Q N O� N-Z 00 Z N d d tm p N d N Q ■N N d d N N 0 O C D N 4k U) 2 139 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-160 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JPR 3/9/10 E CCE V E D MAR .2 3, 2010 3130110 Public Works/Intro Division Head: JPR 3/9/10 4/13/10 Public Hearing Dept. Head:�� Prosecutor. ��1181 �o WHATCOM COUNTY Purchasing/Budget: l e'/ l v COUNCIL Executive: 3 ^pZd — /l% TITLE OF DOCUMENT. Amendment to 2010 Annual Construction Program to include potential federally grant funded structural rehabilitation of various county high volume roadways. ATTACHMENTS: 1. Memo to County Executive and Council 2. Project Summary Sheets 3. Resolution 4. Existing 2010 Annual Construction Program SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: 4113110 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.) Amend 2010 Annual Construction Program to create two new projects titled "Smith Rd, Everson -Goshen Structural Rehabilitation" and "Slater Rd, Hannegan Rd Structural Rehabilitation" and provide each with $1,015,000 for design and construction. These projects will only be undertaken if expected Federal Stimulus Grant Funding of $1,000,000 for each project is obtained. COMMITTEE ACTION. COUNCIL ACTION: 3/30/2010: Amended and approved for 3/30/2010: Introduced amended version Introduction. Joe Rutan will email amended Resolution. 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. 140 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director Joseph P. Rutan, P.E. rP °°M°°y County Engineer/Assistant Director 2011 Young St., Suite 201 Bellingham, WA 98225-4052 �gBH'N6�0? Phone: (360) 715-7450 Fax: (360) 715-7451 Memorandum To: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director From: Joseph P. Rutan, P.E., Assistant Director/County Engineer Date: March 30, 2010 Re: Amending the 2010 Annual Construction Program Requested Action: Public Works is requesting that the 2010 Annual Construction Program (ACP) be amended to include one, potential federally funded, pavement rehabilitation project. This project would include $15,000 from the County Road Fund for design and construction engineering and inspection. This project would also include $1,000,000 from federal grant stimulus funds for construction. Background and Purpose: The project titled "Smith Rd, Everson -Goshen Rd Structural Rehabilitation" is 5.5 miles in length and proposes to grind away the existing pavement surface and replace with 2"-4" of hot mix asphalt to WSDOT "Superpave" standards as well as striping and signing enhancements. Information This project was proposed for federal stimulus grant funding in light of the requirement that projects receiving these funds be under contract within 90 days of the bill being signed into law by the United States President. In order to meet this requirement, proposed projects must have all design, permitting, and right-of-way acquisition essentially completed. No projects on the County's ACP or Six Year Transportation Improvement Program (STIP) met these criteria. This proposed project does not require permitting or right-of-way acquisition and was selected due to the existing pavement condition, ride, traffic volume, and maintenance history. 141 2 rd 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 SPONSORED BY: Public Works PROPOSED BY: INTRODUCTION DATE: RESOLUTION NO. .AMENDING THE WHATCOM COUNTY 2010 ANNUAL ROAD CONSTRUCTION PROGRAM WHEREAS, pursuant to RCW 36.81.130, the Whatcom County Engineer did file with the Whatcom County Council, a recommended plan for laying out, construction, maintenance and special maintenance of County roads for the fiscal year of 2010; and WHEREAS, the Whatcom County Council held a public meeting on the 27"' day of October, 2009, and adopted the 2010 Annual Construction Program, Resolution 2009-068; and WHEREAS, actions during 2010 are proposed to move forward to perform structural rehabilitation of portions of Smith Road, Everson -Goshen Road; and WHEREAS, an amendment to the 2010 Annual Construction Program is required in order to proceed with such actions. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County 2010 Annual Construction Program is hereby amended as follows: Add project item number #35 — "Smith Road, Everson -Goshen Road Structural Rehabilitation" to the 2010 Annual Construction Program showing $15,000 in preliminary engineering and $1,000,000 in construction. BE IT FURTHER RESOLVED that no changes be made in the program without the unanimous vote of the Whatcom County Council. BE IT FURTHER RESOLVED that the County Engineer is directed to prepare the appropriate forms for the Amended 2010 Annual Construction Program and file a copy of the same with the County Road Administration Board and the State Secretary of Transportation. APPROVED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney 2010. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair 142 Whatcom County Public Works 2010 Annual Construction Program Project Narrative Smith Rd, Everson -Goshen Rd Structural Rehabilitation - CRP #910015 2010 Annual Construction Program Amendment #1 Construction Funding Year(s): 2010 Project Narrative: This project is located along sections of Smith Road and Everson - Goshen Road east of SR 539 (Guide Meridian) in central Whatcom County. This construction work proposes to grind away 5.5 miles of the subject roadway's travel lanes, and replace with 2% 4" of Hot Mix Asphalt to WSDOT "Superpave" standards as well as signing and pavement marking enhancements. This project is an amendment to the 2010 Annual Construction Program. Project Status: Design is 90% complete Project Funding: 2010 Total Federal / State $1,000,000 $1,000,000 Local $ 15,000 $ 15,000 Total $1,015,000 $1,015,000 Environmental Permitting (Agencies/Permits): None Required Right -of -Way Acquisition ($ Estimate): None Required County Forces ($ Estimate): N/A New Cnnstrurtinn Feature- , - Total Width 24' Lane Width 12' Shoulder Width N/A Curb / Gutter N/A Sidewalk N/A TEN MILE RD. _ \ In 11L O E. HEMMI RD. F°zon Lake `�\ LAUREL � Fq� MARTIN Z Ro °N GOSHEN RD. E. LAUREL RD. o In F w GOSH N RD. � w O E. �' AXTON RD. � K A Greek o X of IEEE m a w Z o Y o U o S o C o Of ¢ w W UI Y Q J E. SMITH RD. o E. SMITH RD. a Ld o itO� 0 a Z EBERLY LARSON Y o o z z HARMONY = a RD. Z a Q �p 539 KELLY = a RD. = RD. 3 KELLY RD. KLINE RD. HUNTLEY RD. _ hAnnual Road Construction Program\2010 Project Narratives\00 ARRA PAVING 2010 Smith_Everson-Goshen.docx 143 0 r N V OR a z 0 z V z L M a 3 6 amp t k s _ ZQrr o o q Cp C4 N Iz W h Qg O O H W p Z W Q CL Xeg/j h O ? g n W j ' H L a 003 S� u'I O y � W w � + Q � Q 25. Q iS5 $ • r Z o gi g � uQi l G Z O =O m lu a rn LL Z a cc W s- O O ppLIS O G 0 N N �- � aw V p O 8 O 8 P pp O � pp O p O pp O C O g. CS t8� t7 y z e Q1 9 9 1N3rm3SSV -WuN3MVVM N y M VJ 41 N y y — W 91 (n (S)3c1 xHOM U- LL rd Q TdNOLL�NfLiy 1A HION31 1331'OMd � y d ci N O ��•- O W O O m a~ E g co m to 0z .� g & m m N •� M3� WAWOVd GVOH N of v N m A cc W O N MAO a3MM NEW -. p 8 8 8 8 8 144 c�r� �a BQRA Q a 7 O "gy r C7 Z pp O S O O 8 O 8 S pp pp- P xV N QO pQO 1(pO� 4-0 S•� W r Q a°3 WLa in S_ Z5 25 Z5 25 3 QQ 2S Q S2 OZ N V W i9 WU R' K w W � � � L LU O a N LLpp W LL W LL W U. U. � r f� lL S O Qp 8 8 op� M U. O U. O A Z N O N O O N O O EO tN0 O d O O to N 8 O pq S O pp O S op pp pm pp op O t�}j O op op O pp O S O oOo pO Qp NO pO� z 8 2 w CC f} (S)3000mom ED o SStlIO IVNOLLONf U HISN31 103MHd o c c c o o c c75 o 0 W W C3 �g o £ 19 u E t CD m o r 1 �N£ a i= a ks a4 .19 N 0: U. ,8 > t� N He - 'ON VELU N W4WOVd MU N N N N N g io N e°9i H3NWHN MB±I m O/ N N N N N N N N 0 U. I 145 § - $ S S % ( e � § �k §$§ § z L . 01s 2 f _ -w 25 � S S; a � �� §bk2\ . L ; % \ / 2 R 9 to•Qo§� §a. K) 0a©; . . ) 7\ § % k( e . b ff k § g § \ § k E § k . ° §§ ) . . . �iN3VM;S3M - - © - .. . . (mmaom o $ � � _ HLOW $ � ro a t • § . 7 - i a £ i . $§ 7 R� 2 S 3 ] E -8 22 cr §7 \) \k / $ k B\ � J§� � � ■ ■ a $ HM,. - nerm_ m R R R § k g 146 INSTRUCTIONS FOR USE OF THE ANNUAL CONSTRUCTION PROGRAM FORM (CRAB FORM #3, REVISED 06/09) WAC 136-16-010 through 042 **** GENERAL DATA REQUIREMENTS **** AGENCY ACTION blocks; - complete all items as shown. Entering your county name will input your County Forces Limit on Line B. Counties over 400,000 population: $3,250,000 X [1+(2009 MVFT %)/100] Counties 150,000 to 30,000 popuation $1,150,000 X [1+(2009 MVFT %)/100] as per RCW 36.77.065; is computed for you from the Limits Table as follows: Counties 150,000 to 400,000 population: $1,750,000 X [1+(2009 MVFT %)/100] Counties under 30,000 population $700,000 X [1+(2009 MVFT %)/100] **** COLUMNAR DATA REQUIREMENTS **** (1) Item No. Use consecutive numbers beginning with 1. No priority is assumed. (2) 6 Year Road program item No. - Use the priority number from column 1 on your most recent 6 year transportation improvement program (DOT Form 140-049). No number is necessary for miscellaneous projects as permitted under WAC 136-16-025. (3) Road Log No. - County road log number (when applicable) as per the current road log as maintained by each county. (4) Road/Proiect Name and Location - Enter the road or project name and location information as assigned by the county. As appropriate, include mileposts (from county road log), bridge numbers and etc. (5) Project length - Enter the project length in miles. (6) Functional Class - Enter the functional class for the (7) Type of Work - Use one or more of the codes listed. List major work road on which the project is to be located. The codes items first reflecting the nature of the anticipated final project. listed below can be found in the road log. RURAL 02 Principal Arterial 06 Minor Arterial 07 Major Collector (FAS) 08 Minor Collector 09 Local Access URBAN 12 Principal Arterial 13 Principal Arterial 14 Major Arterial 15 Principal Arterial 16 Minor Arterial 17 Collector Arterial 19 Local Access A. GRADING & DRAINAGE B. BASE & TOP COURSE C. B.S.T. / SEALS D. A.0 ./ P.C.C. PAVEMENT E. CURBS AND GUTTERS F. SIDEWALKS G. TRAFFIC FACILITIES H. PATHS, TRAILS, BIKEWAYS I. BRIDGES J. FERRY FACILITIES K. ENVIRONMENTAL MITIGATION L. FISH PASSAGE (8) Environmental Assessment - Use the following assessment codes (Reference: State Environmental Policy Act): S = Significant I = Insignificant E = Exempt PLEASE NOTE THAT THE DOLLARS IN COLUMNS 9 through 16 REFLECT ONLY THE AMOUNTS AND SOURCES EXPECTED TO BE SPENT DURING THE APPLICABLE CALENDAR YEAR (9) Source of Funds - County - Enter the total amount of county funds estimated for the project (use columns 10 and 11 for RID, developer contributions, and similar non -county funds). (10) Source of Funds - Other Funds - Enter the total amount of other funds estimated for the project. If more than one "other" source (such as RAP + FAS), show each 'other" amount separately. (11) Source of funds - Other Funds Program Source - For each 'other" source shown in column 10, enter the abbreviation for the source type (ex: RAP, FAS, CAPP, BROS, UAB, TIB, RID, PVT, PWTF, etc.) (12) Estimated Expenditures - Engineering - Enter the estimated amount of engineering (PE, CE and Administration) expenditures for the project next year. (13) Estimated Expenditures - Right of Way - Enter the estimated amount of right of way expenditures for the project next year. (14) Estimated Expenditures - Construction - Contract - Enter the estimated amount of contract construction expenditures, excluding PE, CE and Administration, to be incurred by the county. (15) Estimated expenditures - Construction - County Forces - Enter the estimated amount of county forces expenditures. excluding PE, CE and Administration, for the project in the program year. Materials incorporated into a county forces project, even though created or supplied by a separate contract (ex: crushing) are to be included in the county forces construction amount. (16) Estimated expenditures - Grand Total - This is the total estimated expenditures for the project next year. This must equal the sum of columns 12 through 15 and also the sum of columns 9 through 10. The program total of this column should also equal the amount of construction shown in the final annual road budget. Your proposed construction by county forces is totaled at the top on line C. "TOTAL COUNTY FORCES CONST PROGRAM - column (15)" Your limit, based on population and % MVFT distribution is listed in B, PUBLISHED "COUNTY FORCES LIMIT (see instructions)" from the Limits Table. I� WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 168 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/25/2010 4/13/2010 Council Division Head. - Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Appointment to Address & Road Name Citizen Appeals Committee ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide 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.) Appointment to Address & Road Name Citizen Appeals Committee - Applicant: Robert Ewing 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. us/council. PETE KREMENI County Executive �p —1 Cot' 4sf11 N6Ko PS I /�% Il V LCobaLanE. BBenRer Sam Crawford MAR 2 5 2010 Kathy Korshner Bill Knutzen Ken Mann WHXFCOM COUNTY L. Ward Nelson COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS I Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? N yes ( ) no ( )Two, �X Three Are you a registered voter? X yes { ) no Narrle:Gtti7�1r _ Date: Street Address: City: cil% 1Ao/I Zip Code: Zu`� Mailing Address (if different from street address): 2 6 _ 8 cu 5s6 t-� WA— Day Telephone: 360— 2.0)—LO"% Evening Telephone: Fax Number: _ E-mail address: 6�-1 _` � f��M L.Cof PI Occupation (If retired, please indicate former occupation): 1 66.n-k Professional/Community Activities: Education: G P Am- [ Z, Qualifications related to position: S ff F, o•N ,�-i�L'+�iLA-� C P I s ;qF C-yClK Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes no If yes, please explain: References (please include name and daytime telephone number): S�fl"c�S�L I - Signature of applicant: As a candidate to a public board or commission-- ie above information will be available to the County Council, County Executive, and the public. 149 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 169 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 3/26/2010 4/13/2010 Council Division Head. - Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Appointment to Flood Control Zone District Advisory Committee - Impacted Cities ATTACHMENTS: Application 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.) Appointment to Flood Control Zone Advisory Committee - John Perry - representing Impacted Cities 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.whatcontwa.uslcouncil. 150 PETS KREMEN County Executive �GOM CO ^h` '.off 9SHINGC I %V ry 1V .,r , O ILMEMBERS: ara E. Brenner Laurie askey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly HATCOM COUNTY L Carl Weimer II COUNCIL. LTV MAR .2 R 2010 APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Flood. Gbntml' Zmhs. AIIJ-ken), (g,ftnl#" Which position on this board are you applying for (if applicable)? G-'f: as Which Council district do you reside in? ( ) One Two ( ) Three Are you a US citizen? (X) yes ( ) no Are you a registered voter? yes ( ) no Name: Pee Date: 3 Ito Street Address: (914 � "'°� De. city: Zip Code: y�Zy7 Mailing Address' -(if different from street address): Day -Telephone: - .S`.D_-1S.-S..'Syl.9�4--�,3�(/!-.._.._ ..EvEning.Telep.hone:. 3�. -_ iL� �31 �y Fax Number: 3G0- 9bto —3Y6(a E-mail address: Octil .6 ion (if..retired; piease Indicate former o�cuPatiorl)': '''-66 Prdfessionai/Community Activ.itles Education: 8.�5- �,. Sn�Ksf'��`a( Suce�-✓+'Sro.� 1�w+a 9'tY Qualifications related to position: Describe why you are interested in serving on this board or commission: 1 woK Il ) yw +o �.CCi <� �'n d►'L n lc^, 4 * o- �,�rSa+� � �..� D�h;GI SM��� G� �i�f I -�a'I bOt`�C� �'li•t, �oo�3aGf4, �tf�l Do you or your spouse have a financial interest imor-areyou an -employee or -officer of -any business or agency that does business with-Whatcom County? () yes (y) no If ;yes;:please explain - 1!teferences (pileaseiryclud`e Wattle and`daytime ele�ih' tie=number): As a candidate to a public board orcommission, the above information -will be available to the County Council, County Executive; and the public. 151 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-126 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Natural Originator: / 1 3/16110 Resources Paula J. Cooper C� If Division Head: Jon Hutchins MAR 0 8 2010 Dept. Head: 3�3/�a Frank M. Abart WHATCOM COUNTY Prosecutor: )v 03160r) Dan Gibson 1� COUNCIL Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Discussion regarding proposed changes to USACE levee vegetation policies ATTACHMENTS: Comment letter prepared in response to Federal Register notice SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The US Army Corps of Engineers (USACE) is proposing changes to their levee vegetation policies related to the PL 84-99 Program for levee rehabilitation which could render many of the County's levees no longer eligible under the program. COMMITTEE ACTION.• COUNCIL ACTION. 3/16/2010: Committee recommends writing a letter of support (Brenner to write) and present letter for approval to Council acting as the Board of Supervisors, maybe at the next Council meeting and sending letter to the Corps by end of April. 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. 152 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 WHATCOM COUNTY COUNCIL April 6, 2010 Douglas J. Wade U.S. Army Corps of Engineers CECW-CE 441 G Street NW Washington, DC 20314-1000 Dear Mr. Wade: COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Ken Mann L. Ward Nelson Carl Weimer The Whatcom County Council adds our strong support to our administration's opposition to changes proposed in Docket Number COE-2010-0007, which would require our county to obtain variances for many miles of very well maintained levees in order to continue to obtain Corp funding. Not only would the variance process by prohibitively expensive, especially with our economy in dire straits, it is completely unnecessary. We are shocked that you are considering a one -size -fits -all approach to levee standards when there are very different types of needs, depending on the types of flooding issues. It may be more convenient for federal bureaucrats but will lessen our ability to provide adequate protection and cause much more extensive flooding problems. We do understand money is tight at all levels of government, but we believe there are ways to streamline at the federal level which do not increase property damage and could cause deaths at our local level. This proposal could cause unintended consequences at the federal level that might end up costing much more as you may end up with costly lawsuits. We definitely believe this should go through a detailed Environmental Impact Statement process. We are confident that type of process would prove without a doubt that the proposed change will endanger our county. Not all flooding is the same and all solutions cannot be the same in order to protect Whatcom County's citizens. We anxiously await your response. Sincerely, Sam Crawford, Chair Whatcom County Council SC:mb C: Whatcom County Council Dana Brown -Davis, Clerk of the Council Correspondence Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 13&3550